US Judge Jed Rakoff; BofA President Brian Moynihan; SEC Chair Mary Schapiro
Request for Investigation, Impeachment of US Judge Jed Rakoff, Clerk Ruby Krajick filed with US Congress pertaining to conduct of litigation in Securities and Exchange Committee v Bank of America Corporation in the US District Court, Southern District of New York
The US Government coerced merger of Merrill Lynch and BofA involved alleged criminality by US and BofA senior officers, including Brian Moynihan and Ben Bernanke. US Judge Jed Rakoff and Clerk Ruby Krajick engaged in conduct of invalid litigation in alleged violation of the US law, and the publication of null and void court records in alleged violation of their Oaths of Office, as part of efforts to cover-up the alleged criminality by senior BofA and US officers.
Los Angeles, January 10 - Human Rights Alert (NGO) and Joseph Zernik, PhD [[i]] filed with the US Congress Committees on the Judiciary, Banking Regulation, and Rules repeat request for impeachment of US Judge Jed Rakoff, Clerk Ruby Krajick pertaining to conduct of litigation in Securities and Exchange Committee v Bank of America Corporation in the US District Court, Southern District of New York. [[ii]]
The new request included new records, derived from Freedom of Information Act responses by SEC, as additional evidence in support of the request for impeachment: [[iii], [iv],[v]]
� September 21, 2009 letter, as evidence of service of the complaint, but not of summons;
� Invalid unsigned summons as to Bank of America Corporation, as summons issued by clerk;
� Statements to the effect that there were no further responsive records pertaining to service/waiver of summons, other than the September 21, 2009 letter, no records of the unrecorded minutes, and no records of two off-the-record proceedings in the case.
Human Rights Alert (NGO) has previously filed requests for impeachment of US Judge Jed Rakoff and Ruby Krajick and detailed analysis of the litigation under Securities and Exchange Committee v Bank of America Corporation. [[vi],[vii],[viii]]
The requests for impeachments alleged that US Judge Jed Rakoff and Clerk Ruby Krajick colluded in:
� Appearance of Judge Jed Rakoff as a Presiding Judge in the litigation with no Assignment Order and with no authority;
� Conducting proceedings with no recorded minutes;
� Conducting off the record proceedings;
� Issuing rulings and orders on motions, which were never docketed;
� Conducting the entire litigation in alleged violation of the Federal Rules of Civil Procedure;
� Construction of a false and deliberately misleading PACER docket in the case by unauthorized court personnel, and
� Denial of access to the summons and to the electronic certificates of authentication/attestation (NEFs Notices of Electronic Filing) of minutes, orders, and the judgments.
The request further alleged that additional evidence in support of the impeachments was likely to be found once the electronic certificates of authentication/attestation by the Clerk pertaining to the minutes, pre-judgment orders, and judgment in the case are discovered.
The office of Clerk Ruby Krajick has refused repeated requests for access to the NEFs, to inspect and to copy, in alleged violation of First Amendment rights.
Cover-up of alleged criminality related to the merger of Merrill Lynch and BofA was the alleged motive of conduct of Judge Jed Rakoff and Clerk Ruby Krajick
The matter underlying the litigation of Securities and Exchange Committee v Bank of America Corporation is claimed of the highest public policy significance. It originated from events surrounding the merger of Merrill Lynch and Bank of America Corporation:
� The wrongful coercion of the merger by senior US Government officers;
� Taking of ~$5 billion in bonuses by banking executives, while providing stockholders and SEC false and deliberately misleading reports, and
� The ouster of the then Bank of America General Counsel Timothy Mayopoulos in the midst of the merger negotiations, and his replacement by BRIAN MOYNIHAN, today Bank of America President, in order to facilitate such conduct.
The request for impeachment alleged criminality in the underlying matter by senior Bank of America officers including, but not limited to, President Brian Moynihan, and senior US officers including, but not limited to Chairman of the Federal Reserve Ben Bernanke in the matter. The request for impeachment alleged that US Judge Jed Rakoff and Clerk Ruby Krajick engaged in false and deliberately misleading conduct in the litigation, in order to cover-up such alleged criminality.
Additional evidence of the alleged criminality related to Bank of American and President Brian Moynihan, and/or Chairman of the Federal Reserve was provided through records produced by then New York State Attorney General, [[ix]] through Dr Zernik's Affidavit in the matter, [[x]] and through complaints, previously filed, but never reviewed by SEC and the US Controller of the Currency. [[xi]]
The request for impeachments has claimed that "there is no need for a WikiLeaks release in this matter, abundant reliable evidence already exists of criminality by Bank of America Corporation and its senior officers, and cover-up of the same by the US Court." It has further claimed that unless conduct of the US courts is addressed, there is no chance of restoring honest banking regulation in the United States.
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.
[i] 11-01-06 Joseph Zernik, PhD, Biographical Sketch
[ii] 11-01-10 Request for investigation/impeachment proceedings, in re: US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York, Conduct of Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829) s
[iii] 10-09-09 SEC FOIA Response No. 10-03964-FOIA RE: SEC v Bank of America Corporation (1:09-cv-06829) - a) September 21, 2009 letter evidencing service of the complaint upon Bank of America Corporation, and b) unsigned summons as the record of summons issued by clerk and summons as served
[iv] 10-12-17 SEC FOIA Response No. 11-01069-FOIA RE: SEC v Bank of America Corporation (1:09-cv-06829) - again referring to the unsigned summons in SEC FOIA Response No. 10-03964-FOIA as the record of summons as issued by clerk
[v] 11-01-07 SEC's FOIA Additional Response No. 11-01069-FOIA RE: SEC v Bank of America Corporation (1:09-cv-06829) - clarifying that there are no records of a) the service/waiver of the summons as to Bank of America Corporation, b) the unrecorded minutes, c) the off the record proceedings.
[vi] 10-12-04 RE: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, US Magistrate CARLA WOEHRLE - Request for Investigation, Impeachment Proceedings Where Appropriate
[vii] 10-12-08 RE: Securities and Exchange Commission v Bank of America Corporation(1:09-cv-06829) - Request for Investigation, Impeachment of RUBY KRAJICK, Clerk of the Court, US District Court, Southern District of New York
[viii] Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - Pretense Litigation and Pretense Banking Regulation in the United States
[ix] 09-04-23 RE: SEC v BAC (1:09-cv-06829) - State of New York Attorney General Andrew Cuomo Letter to US Congress and analysts' responses:
[x] 09-09-09 SEC v Bank of America Corporation (1:09-cv-06829) Dr Joseph Zernik's Affidavit and Appendices in opposition to settlement-then-pending-before the court
[xi] 10-06-11 Complaints Filed with Office of Comptroller of the Currency and SEC against Countrywide, Bank of America (NYSE:BAC), and Brian Moynihan - alleging fraud and extortion on Dr Zernik, fraud on shareholders, on banking regulators, and on the US taxpayer