Saturday, April 18, 2009

09-04-18 Requesting Eric Holder, U.S. Attorney General - to enforcement Equal Protection

y09-09-04-18. Request for enforcement of Equal Protection by U.S. Attorney General Eric Holder

To U.S. Attorney General Eric Holder:

This request for enforcement of Equal Protection is addressed to Attorney General Eric Holder, by Joseph Zernik, a U.S. citizen, residing in Los Angeles County, California, where collapse of justice system is evidenced by:

1. Ongoing false imprisonment of the 10,000, mostly black and latino, Rampart-FIPs, a decade after they were proven to be innocent, in 2006 LAPD Blue Ribbon Review Panel report[1], and in 2001 PBS Frontline transcript, updated in 2005.[2] It is a deplorable Civil and Human Rights violation, and a disgrace of historic proportions!

2. False indefinite imprisonment of Att Richard Fine, former U.S. Attorney for contempt. He is in fact a political prisoner in Los Angeles County, California, deprives of his liberty in early March 2009, after exposing corruption of ALL Los Angels Superior Court judges, who took payments of some $45,000, per judge, per year, in payments that were ruled by court to be “not permitted[3] - what a lay-person would doubtlessly call ‘Bribes”.[4]

3. My ongoing looting, abuse, and harassment by BAC/CFC and Bryan Cave, LLP, through ongoing false/sham actions in the Los Angeles courts, the same type of actions that were previously denounced by courts in Pennsylvania and Texas, but are allowed to proceed in Los Angeles, California with full collusion by the judiciary.

The common thread in all three issues is the collapse of the justice system in Los Angeles County, California – both the civil and criminal divisions.

In both Los Angeles and Guantanamo Bay, the Bush administration appointed Overseers for Civil Rights. In both cases, such Overseers were ineffective. In both cases, review of the facts would lead to the conclusion that such Overseers were intended, from the start, as fig leaves - nothing more.

Data compiled from the annual reports of the past quarter century of the U.S. Dept of Justice shows entire lack of enforcement efforts in Los Angeles, California, in the face of credible evidence of widespread corruption in the justice system.[5]

A. Ongoing incarceration of the 10,000 Rampart-FIPs (falsely imprisoned persons)

We, who live in Los Angeles County, congratulate President Obama for his decision on Guantanamo Bay. We hope that the new administration, with first ever U.S. President and first ever U.S. Attorney General who self-identify as blacks, would apply similar standards at home. The 10,000 Rampart FIPs, mostly black and latino, are falsely imprisoned here, in Los Angeles, California, a decade after an intensive investigation that lasted 2 years, and at times employed up to 200 investigators, concluded that they were falsely convicted and sentenced. Such convictions and sentencing were based on routine framing of evidence by corrupt police at the Rampart division of the LAPD, and at times also through extraction of false confessions through torture.

What did legal authorities say about it?

“…judges tried and sentenced a staggering number of people for crimes they did not commit. How could so many participants in the criminal justice system have failed either to recognize or to instigate any meaningful scrutiny of such appalling and repeated perversions of justice?”

“…we felt a particular obligation to ensure that no aspect of the Los Angeles criminal justice system, including the lawyers and judges, escaped scrutiny.”

Prof David W. Burcham, then Dean, and Prof Catherine L. Fisk, Loyola Law School, Los Angeles, Rampart symposium, 2000[6]

“Any analysis of the Rampart scandal must begin with an appreciation of the heinous nature of what the officers did. This is conduct associated with the most repressive dictators and police states. “

“…and judges must share responsibility when innocent people are convicted.”

Prof Erwin Chemerinsky, today Dean of Irvine Law School, University of California, 57 Guild Prac. 121, 2000[7]

The Bush administration refused to intervene. That was not a surprise.

· Would President Obama and Attorney General Holder allow such people to remain falsely imprisoned, in a case that had substantial racist background?

· Had 10,000 black people been falsely imprisoned, with full documentation, for over a decade in Havana, Cuba, 90 miles off the Miami, Florida shore, wouldn’t the U.S. Government lead a full campaign to end such travesty of justice?

B. False indefinite imprisonment of Att Richard Fine, former U.S. Attorney, for political reasons

Att Richard Fine, a former U.S. Attorney, exposed the payments from LA County, about $45,000 per judge per year, taken by all Los Angeles state judges for a number of years. In parallel, such judges never disclosed the payments to parties in cases involving LA County, and no judge issued judgment by court against the County in years that data were published and analyzed.

California Court of Appeal, 4th District, found Att Fine’s claims to be true and valid. Such payments were ruled “not permitted”. However, in retaliation, Att Fine was debarred, and is now indefinitely incarcerated on trumped up charges of contempt.

What did media say about it?

“Los Angeles County has the best courts that money can buy”.

KNBC, Los Angeles (October 16, 2008)[8]

“This extraordinary judicial action of ordering the indefinite incarceration of such a prominent attorney whose long and distinguished career included service in the U. S. Department of Justice in Washington D.C. followed an intensive exchange where attorney Fine objected to Judge Yaffe's failure to disqualify himself. According to Richard Fine, Judge Yaffe along with all of the Los Angeles County judges have each been accepting up to hundreds of thousands of illegal dollars from the Los Angeles County Board of Supervisors, that is specifically prohibited by the California Constitution and the Canons of Judicial Ethics.”

Full Disclosure Network, Los Angeles (March 4, 2009)

“Private party payments to the judiciary would be condemned by the U.S. government in other parts of the world. The U.S. Federal government must uphold the same principle of law here at home. The judges in California did not disclose their "bribes". Evidence shows the 430 judges in Los Angeles county consistently decided cases in favor of Los Angeles County.”

Richard I. Fine is a political prisoner. He is currently being held without a release date, without bail, and in solitary confinement. He is 69 years old, a former Department of Justice lawyer fighting for his client's rights. The California judiciary has responded by retaliating against him, disbarring him and throwing him in jail for having done so.

AHRC News (April 16,2009)[9]

· Had such travesty of justice taken place 135 miles south of Los Angeles, in Tijuana, Mexico, would President Obama not be pressured to denounce it as a violation of the Human Rights of a political prisoner during his visit to Mexico?

C. Looting my home and my ongoing abuse under the guise of litigation in Los Angeles Court

It is the same judge who is largely responsible for the ongoing incarceration of the Rampart-FIPs… Jacqueline Connor. She is best remembered for her performance derailing the First Rampart Trial (2000), where she reversed jury trial, to void judgments of corrupt police, under the guise of admitting her own errors in jury instructions… However, as noted in media at the time, she should have never presided in that trial in the first place, since the facts reviewed in that trial pertained to her own conduct in the criminal courts in prior years…

What did a fraud expert, veteran FBI agent, who was decorated by U.S. Congress, U.S. Attorney General, and FBI Director say about it?

“Accordingly, based on above observations MR. WEDICK opines an immediate investigation should be instituted in an effort to ascertain the circumstances behind any fraud being committed so that appropriate local, state, and federal authorities can be notified, including the appropriate court.”

Opinion Letter by Mr James Wedick[10]

What did an anonymous writer, credibly representing himself as an experienced criminal defense attorney say about it?[11]

“The troubles which you have with Jacqueline Connor.. sound very familiar.”

“Connor… is a "Ramparts Judge" from way back. She especially liked Officer Perez until he spilled the beans about the corruption at the LAPD. For herself, while on the criminal courts bench. Connor would confer with the D.A. behind the backs of defense attorneys in order to find out ways to convict defendants. She would intimidate witnesses in her courtroom in her efforts to have them commit perjury in order to convict people… Connor was inappropriately assigned to hear the first case against the Ramparts Officers… Connor interfered with the presentation of evidence and allowed Perez's girlfriend to be held hostage by the LAPD as a means to intimidate him into not testifying, When the jury saw through Connor’s machinations and convicted the police officers, Connor reversed the convictions and set them free. It does not take an

Einstein to see that Connor was protecting herself and the other Rampart judges from disclosure, The Ramparts Scandal (which is not limited to Rampart Division) took place under the supervision of certain judges who were beholden to the right wing politicos and not to the Constitution.

If the cops went down, they were going to sing on Connor and the other judges..”

“My opinion is that she belongs in prison and not on the bench.”

Anonymous Letter, “Pioneer for Justice” (August 20, 2008)

· Had organized crime gangs in Juarez, Mexico, across the border from El Paso, Texas, driven people out their homes, would the U.S. not initiate pressure to stop gang activity?

· Would the U.S. Justice Department, under Attorney General Eric Holder, finally provide Equal Protection?

D. Public policy significance of my looting and harassment by BAC/CFC

The matter holds high public policy significance, since it provides a unique insight into matters of significance:

1. Ample credible evidence of alleged criminal conduct at Countrywide

The case provides credible evidence of organized criminal conduct at Countrywide, particularly – Countrywide Legal Department, headed by Sandor Samuels – former Chief Legal Counsel. Since if the core of the Enron scandal was in the practice of accounting, the core of the Countrywide scandal is in the practice of law.

It is alleged that the matter provides ample credible evidence of criminal conduct and of numerous predicated acts by Sandor Samuels, by Angelo Mozilo, and by other senior management at Countrywide, including but not limited to Maria McLaurin - Branch Manager, CHL, Att Todd Boock- 1st VP, Senior Legal Counsel, Demetrio Gadi - Corporate Underwriting Supervisor, Michael Whitehead - Assistant Vice President at the President’s office, CFC.[12]

In contrast, for over a year, we have witnessed a deliberately aimless FBI investigation into the causes of the sub-prime scandal.

Similarly, the case provides unique insight into what is wrong with the ongoing Bailout – suffice is to investigate the conduct of Timothy Mayopoulos – General Counsel, BAC relative to his failure to enforce compliance with the law at Countrywide.

2. Ample evidence of alleged criminal conduct by Judge Jacqueline Connor and others, that would facilitate the freeing of the 10,000 Rampart-FIPs.

In my case there were no corrupt police to “dupe” the judges. Jacqueline Connor, John Segal, and Terry Friedman colluded with Bryan Cave, LLP, and Countrywide as part of alleged willful misconduct. Suffice is to review their conduct relative to false records generated in the court’s computerized case management system, Sustain, or admission of false evidence, or motions based on declarations by counsel only, or false execution of judgment that was never entered…

There is no doubt that review of the conduct of Jacqueline Connor in my civil case would lead any reasonable person to conclude that her “errors” in jury instructions in the First Rampart Trial (2000) were no errors at all. On July 12, 2007, well before I ever studied the history of the Rampart scandal, I served Jacqueline Connor in open court an “Affidavit of Prejudice”, for her “Disqualification for a Cause”, which was entirely based on analysis of her “errors” concluding that they could not possibly be “errors”, but instead – were willful fraud and deceit.

To prove the point, Connor made an “error”, and on the spot, in open court, read the paper as a “Preemptory Challenge” and ruled that it was untimely, therefore summarily struck it out…

E. CFC litigation practices were previously rebuked in courts in both Pittsburgh, Pennsylvania and Houston, Texas court, however, such practices are continued in Los Angeles, California, with full collusion with corrupt judiciary, under BAC’s control, to this date.

1. Alleged fraud and deceit in re: Engagement of counsel

In 2007, in Houston, Texas, the Hon Jeff Bohm, U.S. Judge caught attorneys for Countrywide deceiving the court. He subsequently conducted a full year investigation, which culminated in his March 5, 2008 Memorandum Opinion.[13] One of the core issues was deceptive practices relative to the identity of counsel of record, identity of clients in engagement, and nature of the engagement agreements. CFC promised the Houston, Texas court to take various corrective actions.

In April 2009, in Los Angeles, California, Bryan Cave, LLP, and Countrywide, continue the exact same deception to this very day. It started at the court of Judge Jacqueline Connor, with her full cooperation, it proceeded through the court of Judge John Segal, and it continues today at the court of Judge Terry Friedman[14].

2. Alleged fraud and Deceit in re: Banking records

On January 8, 2008, in Pittsburgh, Pennsylvania, litigation practices of CFC came under the spotlight, when NYT Morgenson published report of the filing of three (3) “Recreated Letters” as evidence[15]. Those were and are computer generated false records generated by CFC. It was that report that caused the final meltdown of the CFC share-price, tremors in financial markets, and the initial decision on change of control.

In April 2009, in Los Angeles, California, with full collusion by judges Countrywide and others continue to rely on one (1) “Recreated Letter”[16], scores of papers reflecting elaborate fax/wire schemes by a financial institution, against a financial institution and its share holders[17], and numerous other false and deliberately misleading banking records - some adulterated[18], others misrepresented[19].

F. Demand for immediate enforcement of Equal Protection by Attorney General Eric Holder

Attorney General Holder, please accept this letter as a demand:

1. For immediate action to free the mostly black and latino 10,000 Rampart-FIPs, their ongoing false incarceration establishes standards of justice in LA County that are a real, imminent danger for me, as an individual.

2. For immediate action to free Att Richard Fine. His ongoing false incarceration establishes standards of justice in LA County that are real, imminent danger for me, as an individual.

3. For immediate action to mitigate damages in my case, for immediate enforcement of equal protection under the law, pursuant to both U.S. Law and International Law and restoration of my First, Fifth and Fourteenth Amendment rights - for free speech, to file petitions in court, for due process, and for possession.

Under current circumstances in Los Angeles County, not only do I have no access to the courts and to fair trial, I am also deprive of the right for competent representation. I am in pro se, not by choice. With the ongoing indefinite incarceration of Att Richard Fine in LA[20], a clear intimidating message was delivered to the legal community in LA, similar to the message sent through the incarceration of Att Yagman before him, after he exposed corruption in the conduct of U.S. Judge Manuel Real.

I cannot find any reliable, honest representation.

4. To appoint a Special Counsel, pursuant to 28 CFR §600, as previously requested, for a short term, limited mandate - to investigate and prosecute the denial of public access to LA Superior Court Records, and restore public access to such records, including but not limited to-

a) Electronic (computer) records of Sustain, the civil case management system, and of its criminal counterpart, as required by law.

b) Books of Court, including, but not limited to – Registers of Actions, Calendars of the Courts, Index of ALL Cases, Index of ALL Prisoners & Book of Judgments.

I have previously provided ample evidence that substantial part of the fraud by the judiciary, alleged in my case, was perpetrated through Sustain, the Court’s fraudulent case management system.

5. To review the conduct of Kenneth Kaiser and Kenneth Melson in this matter and take appropriate actions, if necessary.

G. Sufficient credible evidence is provided of the fraud under the guise of litigation to justify full investigation.

Opinion letters by fraud experts/records examiners[21] regarding various parts of the frauds provide sufficient credible evidence of the wrongdoing and justify full investigation, as recommended in opinion letter by veteran FBI agent, decorated by U.S. Congress, by U.S. Attorney General, and by Director of FBI.

“Accordingly, based on above observations MR. WEDICK opines an immediate investigation should be instituted in an effort to ascertain the circumstances behind any fraud being committed so that appropriate local, state, and federal authorities can be notified, including the appropriate court.”

Opinion Letter by decorated FBI veteran agent James Wedick[22]

H. Previous inquiries by Congress resulted in false and deliberately misleading responses by senior U.S. officers at the U.S. Dept of Justice.

The Honorable Diane Watson, Congresswoman, and the Honorable Dianne Feinstein, Senator, graciously provided assistance last year by issuing inquiries to both U.S. Dept of Justice and FBI.

1. Response by Kenneth Melson, Director, U.S. Office of Attorney General must be deemed false and deliberately misleading:[23]

a. He claimed that I had complaining about “foreclosure procedures”.

I have never been involved in any foreclosure, bankruptcy, or default on any mortgage payment. However, on the background of the current looting of numerous U.S. homeowners under foreclosures, as fully documented in the March 5, 2008 Memorandum Opinion of the Honorable Jeff Bohm, U.S. Judge, Houston, Texas, such false statement is doubly cynical.

b. He implied that he is prevented from action by ongoing FBI investigation.

There never was such FBI investigation.

c. He implied that matters were pending in courts.

In fact, no reasonable review could find any valid court action at that time, or at present. Both actions at the LA Superior Court and the U.S. Court must be deemed sham court actions, on their face:

i. At the LA Superior Court – the Clerk/Executive Officer of the court is refusing for almost a year to certify that the case is a valid genuine case of the Superior Court of California, that the judges in this case were duly assigned judges, and that there ever was a valid, entered, effectual judgment in this case.

ii. At the U.S. District Court, LA – I filed my complaint for abuse of civil rights under the color of law on March 5, 2008. However, the Clerk of the Court (Chris) refused to sign my valid summons, which I presented to him. Instead, in violation of the law, he insisted on issuing his own invalid summons. When I caught the deception, and requested again that he sign valid summons, which I presented to him, he again refused to sign the valid summons. Litigation where no valid summons were ever served, and where the court refuses to allow valid summons to be issued, cannot be deemed valid litigation.

iii. At the U.S. District Court, Magistrate Carla Woehrle engaged in alleged denial of my first amendment rights, by false docketing of my papers[24], and disappearance of many of my papers based on alleged perverted Discrepancy Notices that were ever docketed at all. Notice of the perverted Discrepancy Notices, is likewise failing to appear in the docket[25]. Needless to say, no other party was subjected to such abuses.

2. Response by Kenneth Kaiser, Assistant Director, FBI must also be deemed false and deliberately misleading[26]:

a. He claimed that I have never demonstrated “federal investigational jurisdiction”. Such jurisdiction is obvious – extreme abuse of my civil rights under the color of law. Also – extreme abuse of my human rights under the Universal Declaration of Human Rights, Articles 2, 7,8,10,11 & 12.

b. He claimed that I never provided sufficient details of specific violations of the law. A volume of 500 pages was dedicated to such alleged violations of the law by Att David Pasternak alone, operating as an officer of the court, which culminated with the issuance and filing of fraudulent Grant Deeds on my home. That volume of evidence was the basis for the opinion letter of highly decorated veteran FBI agent, recommending “…immediate institution of investigation…”. The exact same volume of evidence was a fraction of the evidence filed with FBI and U.S. Attorney, LA. Such claims by Mr Kaiser must be deemed ludicrous.

Both of U.S. Officers named above, Kenneth Kaiser and Kenneth Melson continue to serve under President Obama, as carryover from the Bush administration.

I. Previous demands, denied by the Bush Administration, were for the appointment of a Special Counsel, per 28 CFR §600 for a short term, limited mandate – restoration of public access to public records of the LA Superior Court – Common Law and First Amendment Rights

The request denied by these officers was very specific, limited in scope, and focused, realizing the political ramification of indictment of a large group of LA Superior Court judges, and also realizing that the U.S. government possibly lost control in LA County already a decade ago, in the aftermath of the Rampart scandal, due to alleged collusion of FBI with the corrupt judiciary:

1. The request was focused on restoration of public access to public records of the LA Superior Court, “to inspect and to copy”, as prescribed by Nixon v Warner Communications, Inc (1978). Such access has been denied for all 10 millions who live in LA County for the past quarter century!

2. Such simple enforcement is likely to make a positive impact on both crime and the Justice System in Los Angeles County of magnitude that is largely under-estimated.

3. Such simple enforcement would also allow NGOs committed to fairness in the criminal justice system to conduct large scale writs of habeas corpus and bring about the release of the Rampart-FIPs, long overdue.

4. Also detailed in requests to the Justice Department was a recommendation that such enforcement of public access to the court’s public records, not be entrusted to the FBI, but instead, be executed through the Public Integrity units at the U.S. Dept of Justice and units from Treasury, which captured the computer systems of failing banks in the past year.

5. Such enforcement, in its essence – establishing public access to the court’s computerized records, can be accomplished over a few days, or a week.

6. Requests for enforcement of Equal Protection that were filed with the U.S. Justice Department included allegations that Sustain, the case management system (the equivalent of Pacer in U.S. Courts) used by the court in the past quarter century, is in fact fraudulent not only in the manner in which it is operated, but also – inherently, in its design..[27] Allegations were made that such system was the enabling tool of the widespread corruption of the courts in Los Angeles.

7. A proposal for regulation of such systems in the courts, as “Rules of Court” pursuant to the Rule Making Enabling Act, was filed with the Judiciary Committees of both House and Senate.

J. Demand addressed to Att Samuel Bezek, for full investigation by SEC, and for specific written responses within 10 days

Copy of this letter is also sent by priority certified mail, to Att Samuel Bezek, at SEC Enforcement, as a complaint and as a demand for full investigation and for immediate action for protection of an individual, who is both a share holder and a deposit account holder at BAC, and who is being looted and harassed by the same giant corporation where he is a share holder. U.S. Congress and the a U.S. tax payer deserver a full explanation from SEC on this matter as well.

Investigation by the SEC would surely be able to decipher the various aspects of this scandal, which is directly related to the sub-prime looting of the U.S. tax-payer and the current bailout. However, as has been the case all along in recent years, there is no reason to believe that SEC is investigating any of my complaints.

A reasonable concern, is that the scheme regarding counsel representation, as described by the Honorable Jeff Bohm, U.S. Judge[28], also summarized in this letter, was specifically developed to circumvent reporting requirements per Sarbanes Oxley Act (2002). However, it would be entirely unreasonable for CFC/BAC to repeat such schemes, which on their face appear childish, or even infantile, especially after the rebuke by the Hon Jeff Bohm, and after they promised not to repeat such conduct. In fact, the only plausible explanation for such conduct is if past experience indeed proved such schemes useful and effective in circumventing SEC reporting requirements.

This letter is sent priority certified mail to Att Samuel Bezek, SEC with a demand for written responses by SEC within 10 days:

1. Did SEC ever before review any deficiencies in reporting requirements by CFC/BAC relative to Sarbanes Oxley Act (2002), Section 307, and find that CFC/BAC were at no fault, based on claims by the office of General Counsel of CFC, BAC, or any other corporation, of no knowledge of the conduct of counsel appearing in its name in court, albeit without authorization?

2. What was the disposition of my previous complaints to the SEC. Were they ever even logged?

K. Demand for acknowledgement of receipt of complaint per Sarbanes Oxley Act (2002), and for responses on the matter by the Audit Committee of CFC /BAC

A copy of this letter and the full package of evidence is also filed as a complaint with the Audit Committee of BAC/CFC.

I do not fully understand all schemes utilized in this case by Countrywide and Sandor Samuels. The law firms involved and Countrywide would not answer any question regarding the subject of who had engaged whom, and the nature of engagements. Both CFC and BAC, refuse to answer my requests to either authenticate or repudiate six (6) key records.[29]


1. Both Sandor Samuels and Angelo Mozilo refuse to answer any questions regarding alleged frauds by CFC against me since early 2007. At that time both advertised on the web their personal commitment to fight frauds. But when I approached them in this regard, they initiated a campaign of harassment, intimidation and retaliation by Bryan Cave, LLP, as detailed below. In fact, by January 2008, they requested the LA court for “Declaratory Relief” – that they do not have to answer any questions by me regarding alleged frauds against me, against the share holders, and against the U.S. government.[30]

2. Both Timothy Mayopoulos and Kenneth Lewis III refuse to answer any questions addressed to them starting November 2008, regarding alleged frauds by CFC/BAC against me since July 1, 2008.

3. The Audit Committee of BAC/CFC so far has refused to even acknowledge receipt of a complaint.

To the degree that I understand it, a law firm that is NOT authorized as counsel for CFC/BAC - Bryan Cave, LLP, has been appearing in court and pretending to be attorneys for CFC/BAC. At the same time, BAC/CFC presumably has not noticed what has been going on in the courts, even after multiple notices to the offices of the General Counsel, Mr Timothy Mayopoulos, the President – Mr Kenneth Lewis, and the Audit Committee, as a whole and as individual members.

In repeated phone calls to the office of Timothy Mayopoulos, I was instructed, without exception, that Bryan Cave, LLP was not authorized to appear in the name of BAC/CFC in my case. I was instructed that Att Todd Boock, In-House Counsel, is the only counsel I should communicate with, and who is authorized to appear in the name of BAC/CFC. I requested and was promised a couple of times to get the same instructions in writing, but so far, BAC/CFC has refused to answer my written communications.

This letter is sent by priority certified mail to the Audit Committee, BAC, CFC, as a complaint per Sarbanes Oxley Act, and as a demand for urgent corrective actions and protection against my ongoing looting and harassment.

I also demand written responses on the following within 10 days:

1. Acknowledgment of receipt of complaints to the Audit Committee per Sarbanes Oxley Act (2002), alternatively – in case my multiple complaints were unacceptable to the committee, a reasonable explanation for the reasons for that.

2. Authentication or repudiation of the six(6) key records deemed as fraud against me by BAC/CFC[31].

L. Demands for written responses from Timothy Mayopoulos – General Counsel, and Kenneth Lewis, President, BAC

This letter is sent by priority certified mail, to Mr Timothy Mayopoulos - General Counsel, and Mr Kenneth Lewis - President, BAC/CFC, as a demand to mitigate damages, and a request for urgent corrective actions and protection against my ongoing looting and harassment, and a demand for written response within 10 days:

1. Who is authorized to represent CFC and/or BAC in court in LA in matters pertaining to me?

2. Specifically, is Bryan Cave, LLP authorized to appear in the name of CFC and/or BAC in court in LA in any matters pertaining to me, if so, since when?

M. Demand for written responses by Todd Boock, In House Counsel, BAC/CFC

Attorney Todd Boock was involved in the past in various dishonest actions against me, including but not limited to:

1. The issuance of five (5) repeats of some 400 page subpoena of banking records, which upon review must be deemed as evidence of fraud against me, fraud against BAC/CFC share-holders, and fraud against the U.S. Government and the Tax-payers.[32]

2. Deception and fraud relative to the subpoenas in Meet & Confer in March 2007.[33] Att Todd Boock absolutely denied that Countrywide had any reports referring to Samaan’s Uniform Residential Loan Applications bearing the adulterated, double “Date Received” stamps. He denied that Countrywide had any Pipeline Report, Internal Audit Report, External Audit Report, Safety Alert report, Imaging report. If he is to be trusted, then Countrywide was and is not a legitimate U.S. financial institution.

3. Filings false declarations in court relative to a) and b) above.[34]

4. Refusing to stop fraud against me under the guise of litigation at the LA Superior Court, based on false and deliberately misleading records provided by CFC.[35]

At present, Att Todd Boock falsely claims that he is prohibited from communications with me pursuant to an undisclosed never produced court order.[36]

This letter is sent by priority certified mail to Att Todd Boock, CFC/BAC Legal Department, with a demand for written responses within 10 days:

1. Certified copy of the court order that purportedly prohibits him from communications with me.

2. Verified declaration, including the Legal Matter Number, pursuant to Outside Counsel Procedures of the office of General Counsel of BAC[37] that is the basis for his claims that Bryan Cave, LLP is authorized to represent BAC/CFC in this matter.

N. Demand for actions and responses by Att Don Lents, Chairman, Bryan Cave, LLP

Bryan Cave, LLP has appeared in court in the name of CFC, and more recently - CFC/BAC for almost two years now. Of interest, the Core Values of Bryan Cave, as advertised in its web page include no mention of compliance with the law or ethical conducts of its attorneys[38]. Its most recent actions included, but were not limited to:

1. Falsely seeking and gaining a quasi-criminal judgment for contempt against me, in February 2009[39]. This is the second of its kind. The conduct listed as contempt in the most recent action was: Calling the office of Timothy Mayopoulos, General Counsel of BAC, and finding out that Bryan Cave, LLP was NOT authorized to appear in court for BAC.

2. Falsely seeking and gaining orders for sanctions based on the same facts. In total, Bryan Cave, LLP, under such deceptive practices sought and gained sanctions totaling around $30,000[40].

3. Requesting and also accepting funds, as purported sanctions, from Att David Pasternak. Such funds were purportedly derived from the purported sale of my property. However, decorated veteran FBI agent issued an opinion letter that Att David Pasternak engaged in fraud relative to the conveyance of title on the property.[41] Therefore, it is likely that Bryan Cave, LLP and David Pasternak were in fact engaging in monetary transactions in property derived from specified unlawful activity.

4. In recent months, Bryan Cave, LLP, would not answer any questions regarding the nature of its engagement, the identity of its clients, etc. When I called they requested the questions in writing. When I submitted the questions in writing[42], they never answered. Prior to that, they made conflicting statements.[43] When I complained about the conduct of the LA branch of Bryan Cave, LLP to the central office in St Louis, MI, they responded that the matter was reviewed by the “Risk Reduction Committee”.

5. The same scheme, as described by the Honorable Jeff Bohm, U.S. Judge, also included secret “no communications clause”, aimed to generated plausible deniability for CFC. It is not clear whether such clause appears in engagement of Bryan Cave, LLP, if any.

6. The same scheme, as described by the Honorable Jeff Bohm, U.S. Judge, also included motions supported by declarations by counsel only. That is also a hallmark of the conduct of Bryan Cave, LLP in my case.

7. Most Bryan Cave, LLP court actions in my case are based on requests for rulings, orders, and judgments based on purported violations of ex post facto orders, which are all eventually traced to a July 23, 2007 purported Protective/Gag Order, that I claim never existed, and which Bryan Cave, LLP, to this date failed to produce. Beyond that, such actions are all traced to a July 6, 2007 ex parte appearance by Bryan Cave, LLP for a request for a Protective/Gag Order[44], in a “dark court room”, off the calendar, off the record.

8. All of Bryan Cave, LLP appearances, purportedly as counsel of record, first of CFC, then of BAC/CFC, were under self designation of “Non Party”. At the same time, the court interchangeably designated CFC, and later CFC/BAC as “Defendant”, Plaintiff”, Cross Defendant”, “Real Parties [sic-jhz] in Interest”, “Intervenor”, and more… all with no legal foundation at all[45].

Copy of this letter is sent by priority certified mail, to Att Don Lents, Chairman, Bryan Cave, LLP, as demand for a written response within 10 days:

1) Immediate action for mitigation of damages.

2) Immediate reasonable explanations for the conduct of Bryan Cave, LLP, described above in (a) through (h), above.

O. Demands addressed to Att Mitchell Kamin - President, The House of Justice – Bet Tzedek & Att Stanley Gold – President, Los Angeles Jewish Federation

Both Sandor Samuels and David Pasternak, key players in the alleged frauds described here, served as Presidents of The House of Justice – Bet Tzedek. A third participant – Terry Friedman, served as its Executive Director.

In June 2007, Sandor Samuels advertised on web pages of the House of Justice – Bet Tzedek a campaign he was waging against frauds in Southern California, particularly listing real property frauds as a subject of his campaign. He called upon any fraud victim to call him for help.[46] In response, I left a sealed brown envelope in the offices of Bet Tzedek, marked : “To the President of Bet Tzedek The House of Justice, Att Sandor Samuels”, and also “Personal & Confidential”. The letter[47] asked Mr Samuels to authenticate or repudiate Key Record #1, which since then, Fraud Expert/Record Examiner indeed opined as fraud by Countrywide.[48] Mr Samuels was asked to help stop real estate fraud by Countrywide against me.

The response was swift:

1. Within 24 hours the whole Bet Tzedek –The House of Justice web site was down. When it came up about a week later, there was no trace of a mention of Mr Samuels and his campaign against frauds in Southern California.[49]

2. Within 10 days, I got notice from Bryan Cave, LLP that they will appear in court ex parte, for the protective /gag order, which as I later found out was to take place in a “dark court room”.[50]

3. The campaign of harassment, retaliation, and intimidation against a witness, informant and a victims was launched.

In December 2007, Att David Pasternak issued Grant Deeds that opinion letter by decorated FBI veteran agent states were fraud.

Search at the office of the Registrar/Recorder of Los Angeles County revealed numerous Grant Deeds by David Pasternak that would raise the very same concerns that led decorated FBI veteran agent to issue an opinion letter of fraud by David Pasternak in my case, and recommendation immediate investigation.

Conduct of David Pasternak is of particular concern also in the case of Galdjie v Darwish (SC052737) which includes blatant alleged frauds by Att David Pasternak and others, which are mimicked in my case so precisely that one must suspect a routine scheme.

Terry Friedman, has been pretending to preside in this case in the LA Superior Court for over a year, but he holds no assignment order at all. Such conduct in and of itself should be sufficient to subject him to sanctions, as discussed in the case of Los Angeles U.S. Judge Manuel Real. [51] Moreover, the Clerk/ Executive Officer of the Court has repeatedly refused to certify either the case as a valid case of the Superior Court of California, or Terry Friedman as a judge duly assigned to this case.

Terry Friedman has repeatedly refused to recuse and/or disqualify, regardless of the obvious conflicts.

Terry Friedman has also repeatedly refused to file statements on the record regarding his relationship with Sandor Samuels, and/or financial benefits to him and family members residing in the same household, if any, from Countrywide and/or Sandor Samuels, as required by California Code of Judicial Ethics.

I appeared before Terry Friedman on January 30, 2008, and demanded immediate distribution of the funds held by David Pasternak, purported to be the proceeds from the sale of my home, my property taken for private use with no compensation at all. By law, such proceeds, if indeed from a lawful sale, must be distributed within 30 days. Terry Friedman denied my request, in total disregard of the law, and with no explanation at all[52]. As was made clear in the deliberations in the matter of Los Angeles U.S. judge, Manuel Real, such conduct, in and of itself, is sufficient for charges of willful misconduct[53]. Moreover, he stated his summary denial as “with prejudice”, and explicitly threatened me with sanctions if I ever brought such request again. However, review of the court’s computerized records revealed that Terry Friedman later secretly voided his own ruling, with no notice or service to parties. That ruling, with no explanation at all, and contrary to the law, still appears in the paper court file as a valid court order.

Att Mitchell Kamin, the current President – House of Justice – Bet Tzedek and Board members of The House of Justice, as well as Att Stanley Gold, President of the Los Angeles Jewish Federation, with whom The House of Justice is affiliated, have refused numerous requests to clarify whether The House of Justice has any bylaws for grievances against its own officers.

Copy of this letter is sent by priority certified mail, to Att Mitchell Kamin - President, The House of Justice – Bet Tzedek, and Att Stanley P Gold - President, Los Angeles Jewish Federation, as a demand for written responses within 10 days:

1. An urgent demand to mitigate damages.

2. Demand for immediate response regarding bylaws for grievance against Officers of the House of Justice, if any.

P. Los Angeles Jewish and /or Legal Community

Copy of this letter is also emailed to many in the Los Angeles Jewish and/or Legal Community in Los Angeles, as a late Passover message - with a request to immediately suspend any further donations to The House of Justice – Bet Tzedek, until the true nature of this organization is fully investigated.

For Passover, celebrating Freedom, it is suggested that such donations be diverted to the following organization:


EIN: 06-1574889; Tax Status: 501(c)(3); Website:; Address: 750 Main Street, Suite 1500, Hartford CT, 06103; Email:; Tel: 860-541-2288

It is recommended that such donations be clearly marked:

Let my people go! Free the Rampart-FIPs & Att Richard Fine!

Los Angeles County, California, April 18, 2009, by



Joseph Zernik


Additional evidence in my case (~1,000 pages) [54]


Att Samuel Bezek - SEC Enforcement, with additional evidence, as noted in [54].

Att Mitchell Kamin – President, The House of Justice

Don G. Lents, Chair, Bryan Cave, LLP,

Mr Kenneth Lewis III –President, BAC

Att Timothy Mayopoulos - General Counsel, BAC

Audit Committee - BAC, with additional evidence, as noted in [54]

Prof Joseph Grundfest - William A Franke Professor of Law and Business, Stanford Law School, and former Commissioner of the SEC

Att Damon Silvers – Associate General Counsel, AFL-CIO,

Lawyers without Borders

Honorable Members of the U.S. Congress:

1) The Honorable Barbara Boxer, Senator

112 Hart Senate Office Building

Washington, DC 20510

2) The Honorable Conyers Jr., Chairman

U.S. House of Representatives

Committee on the Judiciary

2138 Rayburn House Office Building

Washington, DC 20515

3) The Honorable Christopher Dodd, Chair

US Senate Committee on Banking ,

Housing and Urban Affairs

Washington, D.C. 20510

4) The Honorable Russell D. Feingold, Chair

U.S. Senate Committee on the Judiciary

Subcommittee on The Constitution

224 Dirksen Senate Office Building

Washington, D.C. 20510

5) The Honorable Dianne Feinstein, Senator

One Post Street, Suite 2450

San Francisco, CA 94104

6) The Honorable Barney Frank, Chair

House Financial Services Committee

2129 Rayburn House Office Building

7) The Honorable Patrick Leahy, Senator

Chair U S Senate Committee on the Judiciary

433 Russell Senate Office Building

Washington, District of Columbia 20510

8) The Honorable Carolyn B. Maloney, Chair

Subcommittee on Financial Institutions

and Consumer Credit

House Financial Services Committee

2129 Rayburn House Office Building

9) The Honorable James P. McGovern
Democratic Co-Chairman

10) Tom Lantos Human Rights Commission
United States House of Representatives
438 Cannon Building
Washington, DC 20515

11) The Honorable Jerrold Nadler, Chairman

Subcommittee on the Constitution, Civil

Rights, and Civil Liberties

U.S. House of Representatives

Committee on the judiciary

2138 Rayburn House Office Building

Washington, DC 20515

12) The Honorable Nancy Pelosi

235 Cannon HOB

Washington, DC 20515

13) The Honorable Charles E. Schumer, NY (Chair)

US Senate Subcommittee on

Administrative Oversight and the Courts

U.S. Senate Committee on the Judiciary

Subcommittee on Administrative

Oversight and the Courts

224 Dirksen Senate Office Building

Washington, D.C. 20510

14) The Honorable Diane E. Watson


125 Canon Building

Washington DC 20515

15) The Honorable Melvin L. Watt, Chairman

Subcommittee on Oversight and


House Financial Services Committee

2129 Rayburn House Office Building

16) The Honorable Henry Waxman

Committee on Oversight and

Government Reform

U.S. House of Representatives

2157 Rayburn House Office Building

Washington, D.C. 20515


[2] 2001 PBS Frontline broadcast transcript, updated by PBS:

[3] California Court of Appeal, 4th District, San Diego, ruled that the payments taken by Los Angeles Country, California, were “not permitted”:

[5] Data compiled from quarter century of Public Integrity Section of the U.S. Department of Justice:

[6] David Burcham and Catherine Fisk, Loyola Symposium on the Rampart Scandal:

[7] Erwin Chemerinsky, 57 Guild Prac.121, 2000

[10] January 29, 2009: James Wedick, fraud expert opinion letter:

[11] August 20, 2008: Letter from an anonymous, credibly representing himself as an experienced criminal defense attorney:

[12] Documentation of Violations of the law by Countrywide:

[13] March 5, 2008: U.S. Judge Jeff Bohm, Houston, Texas, memorandum opinion:

[14] None of these judges had an assignment order, they all preside in a case that the Clerk/Executive Officer of the court refuses to certify as a valid case of the California Superior Court.

[16] October 2004: Key Countrywide Record #1 – false and deliberately misleading underwriting letter, in fact “Recreated Letter” like those described in Pittsburgh Pennsylvania Court.

[17] October 2004: Example of the wire/fax scheme: Key Record #2 – false and deliberately misleading record of fax transmission on October 25, 2004, 5:03 pm of a real property purchase agreement.

[18] September-October 2004: Examples of adulterated banking records:

1) September 27, 2004: Samaan’s loan applications (1003) with double “Date Received” stamps

2) October 25, 2004: Exception Request, Branch Input, where white-out was used, and data crudely rewritten by hand.

[19] Numerous examples of misrepresentation of banking records are found in the declarations of Maria McLaurin, Branch Manager (annotation provided),

[20] March 2009: Full Disclosure Network: Report of the jailing of Richard Fine. This case, central to the future of the justice system in LA County, is conspicuously unreported by mainstream media.

[21] September-October 2004: Countrywide’s and Samaan’s records: Opinion letters by Fraud Experts/Record Examiners

1) Fraudulent Inducement: Samaan’s prequalification letter

2) Mortgage Fraud: Samaan’s Uniform Residential Loan Applications with Countrywide (1003)

3) Wire/Fax Fraud by Samaan and Countrywide

4) Fraudulent Conveyance of Title by Att David Pasternak

[22] January 29, 2009: James Wedick, fraud expert opinion letter:

[23] August-September 2008: Response by Mr Kenneth Melson, Director of U.S. office of Attorney General

[24] June-August 2008: False docketing of my papers in U.S. District Court, LA, Case #2:2008cv01550, see for example papers hidden under documents #52, 56, 58, including massive key record that is transcripts from the LA Superior Court. Also please see Minute Order of July 6, 2008, docket #63, in which Magistrate Woehrle ruled that any number of papers I would submit on a given day would be docketed under one title. Obviously, I was the only party such ruled applied to.

[25] April 2009: U.S. District Court, LA: Notice of Alleged Perverted Discrepancy Notices.

[26] September 2008: Response by Mr Kenneth Kaiser, Assistant Director, FBI.

[28] March 5, 2008 Judge Jeff Bohm Memorandum Opinion in re Litigation Practices of CFC.

[29] List of six (6) key records that BAC/CFC refuse to either authenticate or repudiate.

[30] February 2008: Request for “Declaratory Relief” filed by Bryan Cave, LLP, for CFC, that they do not have to answer my questions regarding alleged frauds:

[32] The entire subpoena and document production are posted online:

The subpoena hold more than 400 pages of banking records, including dozens of fraudulent records – bearing anonymous fax header imprints, which are part of the fax/wire scheme of Samaan and Countrywide. It also includes adulterated records and misrepresented records.

The subpoena documents the underwriting of Samaan’s fraudulent Uniform Residential Loan Applications (1003s):

a) Received on or around October 4, 2004 (defaced stamp),

b) Fraud in employment data detected on October 6, 2004,

c) Re-imaged and re-stamped “Received” October 12, 2004,

d) Suspended by duly authorized underwriter Diane Frazier October 14, 2004,

e) Scheduled for termination by Frazier on October 25, 2004,

f) Continued Underwriting in a “Regulation B exempt track” by Maria McLaurin, Bank Manager acting as underwriter in violation of the law and regulation from October 25, 2004 – January 2005,

g) Presentation of the fraudulent 1003s for funding by Countrywide Bank and instant Denial – January, 2005.

This history provides full evidence of the operation of mortgage underwriting in Countrywide entirely outside the realm of Fair Housing and Fair Credit laws, sound banking principles, and Regulation B of the Federal Reserve Board. This is the true cause of the sub-prime scandal – massive fraud by Countrywide.

This history of underwriting of Samaan’s fraudulent 1003s is also summarized for ease of reading, with accompanying evidence in the following record:

Fraudulent declarations of Maria McLaurin, Countrywide Branch Manage, with annotation, are provided at:

[33] March 2007: Meet and Confer letter sent to Countrywide:

In Meet and Confer Att Todd Boock adamantly denied that any of the standard banking reports that I requested existed at all. He did admit that email correspondence existed, but to this date I have not received it.

[35] List of six key false and deliberately misleading records by CFC/BAC and the records:

[39] Motions for OSC Contempt and for sanctions, filed by Bryan Cave, LLP:

1) March 2008

2) February 2009

[40] Same as previous reference.

[41] December 2007: Veteran FBI agent, decorated by U.S. Congress, U.S. Attorney General, and Director of FBI opinion letter regarding fraud perpetrated by Att David Pasternak relative to conveyance of title on my property:

[42] Recent request for clarification by Bryan Cave, LLP of the nature of its representation of BAC/CFC.

[43] Communications with Bryan Cave, LLP, regarding the nature of representation:

[44] July 6, 2007 Bryan Cave, LLP, request for Protective/Gag Order conducted in a “dark court room”.

[45] Table summarizing party designations of CFC in court.

[46] June 20, 2007: Web page of House of Justice –Bet Tzedek with Samuels campaign against frauds:

[47] June 22, 2007: Letter left in the office of Bet Tzedek – The House of Justice for Mr Samuels, asking for his help to stop real estate fraud by Countrywide against me:

[49] July 1, 2007: Web pages of House of Justice – Bet Tzedek a week after I left the letter for Mr Samuels.

[50] Letter from Bryan Cave, noticing its first appearance in court. Note: The letter is invalid on several counts, and it set the stage for the ongoing alleged fraud by Bryan Cave, LLP in re: representation of Countrywide/BAC.

[51] Los Angeles Times report of a case where Los Angeles Judge Manuel Real presided in a case with no assignment order.

[52] January 30, 2008, ex parte request for immediate release of funds, copies of both paper and electronic copies of the minute orders by Judge Terry Friedman, presiding with no Assignment Order and refusing to disqualify, and refusing to file statement on the record in re: Relationship and financial benefit from Samuels and/or BAC/CFC.

[53] WSJ report: Cases where Los Angeles U.S. Judge Manuel Real produced rulings contrary to the law with no explanation at all:

[54] Additional evidence provided to Att Gen Eric Holder, SEC, and Audit Committee of BAC.