February 27, 2009
WILLIAM BARNET, III,
JOHN T COLLINS,
General TOMMY R FRANKS,
WALTER E MASSEY,
THOMAS J MAY (chair),
Admiral JOSEPH W FRUEHER
AUDIT COMMITTEE
BOA/CFC
By email and by fax
RE: Message to the members of BOA Audit Committee;
Timely response requested by March 10, 2009, 5:00pm
Mr Barnet III, Mr Collins, General Franks, Mr Massey, Mr May, Admiral Frueher:
I, victim of alleged frauds by CFC and BOA, am writing to each of you as an individual member of the AUDIT COMMITTEE of CFC/BOA. Below I describe only a small fraction of such frauds in simple lay-person terms. I have notified BOA General Counsel Mr TIMOTHY MAYOPOULOS of such alleged frauds against me several times in the past. I also notified Mr KENNETH LEWIS and others at BOA/CFC. None responded, and the frauds are allowed to continue, even today.
I request that you immediately take corrective actions. Please personally respond, either at my home address: , LA CA 90027, or my email address <> no later than Monday, March 9, 2009, 5:00pm. At minimum I request acknowledgement of receipt of this communications. Please also include a statement of your intended actions in this regard, specifically regarding the six items below that I identify as keys in CFC now CFC/BOA alleged collusion in fraud in ongoing litigation of Samaan v Zernik at the LA Superior Court.
As described below, I first heard the name COUNTRYWIDE in December 2006. I had no business with the company whatsoever, but I found out that at that time, the company was already involved in alleged fraud against me for over two years! I fast grew to realize, still in December 2006, that what happened to me was not the work of one employee, a bad apple, but a reflection of the Legal Department at Countrywide, headed by SANDOR SAMUELS, that I concluded already then was operating as a corrupt organization. Such allegations appeared radical in January 2007, when I submitted my first complaint to the FBI, but by January 2008 became commonplace, when "recreated letters" were found in Pennsylvania, and in March 2009, when U.S. Judge Jeff Bohm published his opinion on Countrywide's legal practices. He found routine engagement in what must amount upon review by a competent court to frauds against homeowners all across the U.S. - based on a year long study by the United States Trustee, Regardless of his decision no indictments were filed to this date, to the best of my knowledge, against SANDOR SAMUELS, ANGELO MOZILO, or anybody else at the Legal Department of Countrywide.
Instead, in an urgent attempt to stabilize collapsing financial markets, the Bush administration chaperoned the take over of the CFC by BOA, which was effective July 1, 2008. Obviously, such merger was undertaken by BOA only with substantial inducements by the Bush administration, the scope of which we will never know for sure, simply because much of it was not in enumerated cash, but in provisions that may transform the framework of the U.S. financial world as we know it today. After all, BOA took upon itself the responsibility for a large entity that had large negative financial value, tremendously negative goodwill, and very substantial criminal liabilities.
The tax payer, who will pay for all of this, could expect at least that BOA would ensure that alleged criminal conduct at CFC would cease the moment it became part of BOA. But at least in Los Angeles, California, such conduct is continuing in full force today, in public, without even an attempt to conceal it, under your watch. And the responses I received from the office of the BOA General Counsel appeared not at all as the responses of a concerned corporate citizen, who is now charged with responsibility for a major public hazard. Instead, it appeared as the response of a corporation that holds itself immune to any criminal charges, regardless of the conduct of CFC, its own subsidiary. I would like to believe that such conduct is limited to Los Angeles, where the local compounding factor is the LA Superior Court itself. - Listed below are key records of the alleged fraud by CFC/BOA against JOSEPH ZERNIK in litigation of Samaan v Zernik (SC087400) at the LA Superior Court:
- 1) Underwriting Letter misrepresented as a fax transmission of mid-October 2004, from Countrywide, San Rafael to VICTOR PARKS, State of Washington. [1] Introduced repeatedly in court. Most recently for a motion noticed for November 2008. Alleged key fraud record.
- 2) Real Property Purchase Contract misrepresented as a fax transmission of October 25, 2004, 5:03pm from VICTOR PARKS, State of Washington, to Countrywide, San Rafael. [2] Introduced repeatedly in court. Most recently for a motion noticed for November 2008. Alleged key fraud record.
- 3) Set of a letter and declarations by CFC/ MARIA MCLAURIN, Branch Manager, San Rafael, California. [3] Introduced repeatedly in court. Key fraud record.
- 4) Subpoena Production of Countrywide in Samaan v Zernik. [4] About 400 pages, produced by the Legal Department a total of 5 times from August 2006 to April 2007. Deemed fraud in its entirety - since it included loan files that were recreated after the fact, and records that are the product of wire/fax fraud and bear false and deliberately misleading fax header imprints, when in fact there is nothing in this production that allows to determine where and when such records appeared from. It was part of a concerted effort by SAMAAN, McLAURIN and the Legal Department of CFC to fabricate false history for SAMAAN's loan applications in 2004,
- 5) Records showing CFC and even more recently CFC/BOA appearing in court for almost two years under the party designation of "NON-PARTY", while the court interchangeably designates it "DEFENDANT", "PLAINTIFF", "INTERVENOR","ROSS-DEFENDANT","REAL PARTY IN INTEREST", etc. [5] Such appearances are deemed false and deliberately misleading and have no basis in the law of the U.S. or California, Therefore they place the entire litigation in a real that is outside the law.
- 6) July 23, 2007 Protective/Gag Order by Judge JACQUELINE CONNOR [6]. Such purported order led to two judgment of quasi-criminal nature being entered by Judge Terry Friedman against me, both at the request of CFC, The second one - in February 2009, at the requests of CFC/BOA. I have no valid court record of that nature, and the court and CFC/ BOA so far have failed to produce this record either.
Below I attached a short review of part of Samaan v Zernik that allows you to place the records above in their context.
You must realize that you have much greater influence in this case than correcting the wrongdoing against me in Samaan v Zernik, because this case happened to travel in time and space that were prior to it, and afterwards as well, the scene of other much bigger events. Insignificant as the case itself was and is, it provides unique insights into the bigger events that are reflected in it.
a) Rampart scandal, and continued false imprisonment of 10,000, mostly black and latinos in LA, 10 years after confirmation of their innocence.
The most notorious example of the malfunction of the LA Superior Court are of course the estimated 10,000 people who are still falsely imprisoned in LA County, mostly black and latinos, victims of wrongdoing by police of the Rampart station. Such wrongdoing was exposed and investigated in detail as part of the Rampart scandal of 1998-2000. In my efforts to understand what was happening in the courtroom in Samaan v Zernik I eventually got involved in studying the Rampart scandal, since Judge JACQUELINE CONNOR was and is the central figure in both, in more ways than officially acknowledged.
In fact, I claim that the two cases are mirror images of each other, one in the criminal courts, the other in the civil courts. In both cases false evidence was routinely entered. In one case - police purportedly "duped" judges like CONNOR, in the other - corporations like CFC. In fact, combined review of the two cases would lead a reasonable person to the inevitable conclusion, that Judge JACQUELINE CONNOR was never "duped" at all. Similarly I claim that what was stated by Judge CONNOR in her December 22, 2000 ruling that reversed jury verdicts of the four police that were first to be prosecuted for their conduct revealed in the scandal, as her own "errors" in jury instructions, and "errors" she routinely allegedly made in Samaan v Zernik, resulting in invalid litigation records, were no errors at all. Instead, I claim that she herself was the central figure, not only as a judge, but also as the one who initiated or coordinated the wrongdoing in both Samaan v Zernik, and on a much bigger scale - in the cases that underlie the Rampart scandal and later in derailing the first Rampart trial, Therefore, she herself is the central figure who is accountable for what we see today - the continued false imprisonments of at least 10,000 people - mostly black and latinos - who were confirmed innocent in the investigations of the Rampart scandal. Such conditions were capably described in the Blue Ribbon Review Panel report of 2006 [7].
My request for an immediate review by the Audit Committee of which you are a member, of the conduct of CFC/BOA in Samaan v Zernik bears directly on the conduct of Judge CONNOR in Samaan v Zernik, and indirectly - on her conduct in the Rampart scandal and the demands for restoring my rights per International Law, and also the rights of the Rampart-FIPs (Falsely Imprisoned Persons).
b) Sub-prime crisis and bailout
I am of the opinion that the conduct of the office of the General Counsel of BOA in Samaan v Zernik call for immediate scrutiny by the Audit Committee of the CFC/BOA merger agreement. In particular - any provisions that were explicitly made by the Bush administration, or even insinuated by such officials relative to criminal liabilities related to the conduct of Countrywide prior and also after the merger with BOA. There is no doubt in my mind that true review of the conduct of CFC would lead to the conclusion that it was and is a corrupt organization. You may read small fraction of the evidence below. BOA officers must have recognized that fact as well, and must have taken steps to protect themselves from being drawn into such affair. But as part of the merger-bailout, BOA at minimum must take responsibility to stop any such criminal conduct that is alleged to be ongoing.
I believe that this AUDIT COMMITTEE, listing respectable names, who served this country for many years, would not have tolerated anything less than an honest General Counsel at BOA. And yet, following the merger the office of Mr MAYOPOULOS has engaged in conduct relative to Samaan v Zernik that has been far from honest. The only explanation for such conduct at BOA that I could come up with, is that U.S. administration officials, in their desperation to avoid total melt-down of financial markets before they leave office, made representations to that office that were taken to mean that conduct of CFC in general, or in LA County, or just in LA Superior Court, or just in Samaan v Zernik were extra-constitutional zones, similar in nature to Guantanamo Bay. Such discrimination is unacceptable. We who live in Los Angeles County are entitled per the International Bill of Human Rights (1976) to Equal Protection under the law, with no regionally-based discrimination by government in the application of the law.
Likewise, when you read the pages below, surely you will find some points where you would contemplate whether ANGELO MOZILO, SANDOR SAMUELS, MARIA McLAURIN, TODD BOOCK, OR SANFORD SHATZ, all CFC people, were engaging in criminal conduct. Most of them are still CFC/BOA employees, and are still engaging in the same conduct through Samaan v Zernik - now - under the BOA name and under your oversight duties.
Obviously, I hold the FBI investigation, running now for a year, as deliberately aimless. And statements made by the FBI and law enforcement regarding investigation of the causes of the sub-prime crisis as deliberate attempts to mislead the public. But all of that does not permit you, as a member of the Audit Committee of BOA/CFC to ignore your duties.
Some officers of the U.S. may consider that they have successfully fooled the public, for example, in responses by Mr KAISER (FBI) and Mr MELSON (USDOJ) to Congressional inquiries by Senator FEINSTEIN and Congresswoman WATSON concerning Samaan v Zernik in August -September 2008. But the true answer to such conduct is coming roaring from financial markets at home and abroad - nobody is fooled! We are yet to see the end of it. Absent renewed confidence in the integrity of U.S. financial institutions and financial markets, and underlying that - the rule of law and integrity of the courts, there will be no way to sustain the interests of your share holders. That is where you have enormous responsibility these days, when others fail their duties.
As described below, one feature that is common to the two affairs - the alleged frauds at the LA Superior Court and the alleged frauds at CFC, - is the misuse of large computer systems: SUSTAIN at the court and EDGE at CFC. It is my opinion that until BOA undertakes review of the operation of EDGE by CFC, one must assume that the frauds are permitted to continue. With the LA Superior Court and SUSTAIN the wrongdoing is compounded - since in order to enable the alleged frauds in SUSTAIN, the court has been concealing for the past quarter century public records, and denying public access to such records. I hold that it is the denial of public access to public records that is at present the stumbling block in the release of the Rampart-FIPs.
I therefore also started a petition online for the restoration of fair tribunals in LA County, pursuant to International Law, and the Right for Liberty of the estimated 10,000 Rampart-FIPs. Their innocence was established 10 years ago, and after it was confirmed and re-affirmed by several review panels since then. The essence of the petition is a call for reestablishing public access to the public records of the LA Superior Court. That would be necessary and sufficient to bring about speedy release of the FIPs. I would be grateful if you sign the petition, to show your support. Their continued false imprisonment is inexcusable, it is a disgrace of historic proportions as well - and more than 10 times the scope of the Guantanamo Bay detentions. - Petition: http://www.thepetitionsite.com/1/restore-justice-in-l-a
- Blue Ribbon 2006 Report: http://inproperinla.com/00-00-00-rampart-blue-ribbon-review-panel-2006-report.pdf
- Front line, PBS, one source of estimates: http://inproperinla.com/01-05-01-pbs-frontline_rampart-false-imprisonments-s.pdf
- I similarly demand restoration of my own full rights pursuant to the International Bill of Human Rights (1976) which incorporated the Universal Deceleration of Human Rights (1948). I hold that it would be sufficient to allow me full access to my litigation records of Samaan v Zernik in the SUSTAIN file, to demonstrate unequivocally, and in great detail, that which is already evident - that the litigation as a whole is based on false and deliberately misleading conduct by the court. But the court would not allow me access to the file even in the fourth year of litigation, in disregard of the U.S. Constitution, U.S. Law, California Constitution, California Law, California Rules of Court, etc.
All of this is meant to convey the concept - CFC is alleged to have been involved in crimes that were beyond financial recklessness, it was a major participant in the corruption of the courts in LA, and the victims were all 10 millions who live in LA County. We ask that you take corrective actions, and we believe that BOA has the power to effect correction that is far beyond Samaan v Zernik, for example - by making the court allow me access to my own litigation file in SUSTAIN, in compliance with the International Law, and access to the comparable records of the criminal courts, which would allow the speedy release of the Rampart-FIPs. The effect of the restoration of such simple basic civil rights would be tremendous.
Joseph Zernik
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