General Tommy Franks refused to say a word about Integrity of Operations at Bank of America Corporation, where he had served on the Audit Committee. Instead, he provided a Show-and-Tell.
Date: Fri, 04 Sep 2009 19:48:52 -0700
To: admin@tommyfranks.com, boryshanskyj@sec.gov, lewism@sec.gov, schen@cgsh.com,
lliman@cgsh.com, grundfest@stanford.edu, "ATTENTION: THOMAS MAY",
17043444100@efaxsend.com, , " Audit Committee:D Paul
Jones; Thomas J. May, Chair; Donald E Powell" , " Executive
Committee Kenneth D Lewis, Charles K Gifford, Walter E Massey
Chair", " Edward OKeefe, Neil A Cotty, Joe L Price"
From: joseph zernik
Subject: Demand for the "Legal Team of BAC' to produce by Monday, September 7, 2009, 5:00pm,
the "Restraining Order" that they informed General Tommy Frank about. Request for Prof Grundfest to
propose remedial action .
Bcc:
1) General Tommy Franks:
It was you who made that false statement, not the Legal Team of BAC. Please
retract your statement if you cannot produce the document.
You are yet to utter a word regarding integrity of operations at BAC. But then
again, you gave us a show and tell.
2) Attorneys for BAC:
I am forwarding this note to Attorneys for SEC and BAC, with a demand that
BAC Attorneys produce for General Franks, who was duped by them, the
"Restraining Order" by Monday, September 7, 2009, 5;00 pm.
___________________________________________________________
From: General Tommy Franks
At 09:29 AM 9/4/2009, you wrote:
Sir. I have referred this the BAC legal team, who will deal with
this.
Sent via BlackBerry by AT&T
___________________________________________________________
From: joseph zernik
Date: Fri, 04 Sep 2009 08:54:45 -0700
To:
Subject: Demand that General Tommy Franks provide the
documentation within 48 hours for his statement about a Restraining
Order, or retract it as false.
September 4, 2009
General Tommy Franks:
Getting back to your last statement: Whether it was you, or an employee
on your behalf, let me repeat my demand that you produce a copy of a
valid, effectual Restraining Order within 48 hours, or retract your false
statement. And let me add to it also the demand that you produce a valid
Dismissal Order of a Complaint, or retract that statement as well.
Otherwise, it appeared that you entirely forgot that the focus of the Audit
Committee was on the integrity of operations. Could you please make
any statement whatsoever, on that aspect of Bank of America
Corporation operations?
...
Joseph Zernik
__________________________________________________________
September 3, 2009
...
Your statement below is false and deliberately misleading.
...
I demand that you either retract such false statement, as appears below,
or else produce that Restraining Order that you just mentioned within
the next 48 hours.
...
Joseph Zenrik.
___________________________________________________________
From: General Tommy Franks
At 07:17 PM 9/3/2009, you wrote:
Sir. Understand BAC has a restraining order against you, which
prohibits you from contacting anyone at Bank of America,
including its directors. Your complaints have been dismissed by
the courts. So pls do not contact Gen Franks again regarding
BAC business.
�
Sent via BlackBerry by AT&T
_______________________________________________
From: joseph zernik
Date: Thu, 03 Sep 2009 14:54:41 -0700
To:
Subject: Request for a public written statement, as a "Farewell
Address" by General Tommy Franks, upon departure from the
BAC Audit Committee
September 3, 2009
... it seems to me that events took place under his watch, which
should have been reviewed by the Audit Committee and publicly
reported to both investors and the public at large. Refusing to
make any statement at all, in a matter the holds substantial
risks to both share-holders and the public at large, is
inconsistent with his duties.
...
Refusal to make any statement at all may be seen by the public
at large as "taking the Fifth" - as used in layperson's language.
...
Joseph Zernik
_______________________________________________
From: General Tommy Franks
At 12:36 PM 9/3/2009, you wrote:
Sir. Thanks for your note to Gen Franks. I will review this with him,
but know he will not be able to, or be inclined to write such a letter.
He has not responded to, or publicly commented to anyone
regarding his time with BAC. Additionally, he travelling until 12 Sept.
Thanks.
Sent via BlackBerry by AT&T
_______________________________________________
-----Original Message-----
From: jz12345@earthlink.net
Date: Thu, 03 Sep 2009 11:05:15
To:
Subject: tommyfranks.com Contact Form Submission
Thursday 09/3/2009
...
TO: General Tommy Franks
FROM: Joseph Zernik
RE: Request for a public written statement, as a "Farewell Address" by Admiral Joseph
W Frueher, upon departure from the BAC Audit Committee
Copied below is my request, addressed to Stanford Law faculty, for peer-review of an
Affidavit (Dkt #10) provided by Prof Joseph Grundfest in proceedings of SEC v BAC
(1:09-cv-06829), at the U.S. District Court, Manhattan.
...
I likewise request that you, and a separate request is forwarded to Admiral Joseph
Frueher, provide a public written statement - a "Farewell Address" - as culmination of
your duties, upon departure from the BAC Audit Committee. [1]
The recent changes in the roster of the BAC Audit Committee, were only one indicator of
the transformation of BAC during the period that the two of you served on the Audit
Committee, with the mergers with Countrywide Financial Corporation ( CFC) and with
Merrill Lynch as the hallmarks. Regarding the former merger - BAC was granted a waiver
on deposit limits, and your input is requested as to the prudence of such waiver from
national security perspective. Regarding the latter merger, NY Attorney General Andrew
Cuomo wrote the April 23, 2009 letter to the U.S. Senate, [2] which led to calls in media
for criminal indictments of both BAC and U.S. officers, including Ben Bernanke - Chair of
the FRB, and Kenneth Lewis - Chair of BAC. Matters were described in such letter that
would have required review by the BAC Audit Committee, and separately - by U.S.
regulatory agencies.
...
Joseph Zernik
_______________________________________
[1] Such Farewell Address is requested in explicit reference to the January 17, 1961
General Dwight D Eisenhower Farewell Address upon leaving the office of U.S.
President.
[2] April 23, 2009 letter to U.S. Senate by NY Attorney General Andrew Cuomo
_____________________________________________
The complete correspondence with General Tommy Franks can be viewed at:
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