Sunday, May 23, 2010

10-05-23 New Banking Regulation in the US

New York Times
Financial Overhaul Bill Poses Big Test for Lobbyists
The House Financial Services Committee has been a magnet for money from Wall Street, but the sweeping new regulations approved by the Senate are trying that relationship.
May 22, 2010
washingtonpost.com

Senate panel passes sweeping financial-regulation bill

Washington Post Staff Writer
Tuesday, March 23, 2010
The Senate banking committee voted along party lines Monday to transform the regulation of financial markets, sending another piece of far-reaching legislation to the full Senate a day after Congress approved an overhaul of the nation's health system.
After Republicans decided to save their objections for the Senate floor, Sen. Christopher J. Dodd (D-Conn.), the committee chairman, pushed forward with a financial-regulation bill that sheds several compromises reached with opposition lawmakers and instead hews more closely to the blueprint advocated by the Obama administration.
With the landmark vote on health care behind them, administration officials intensified efforts Monday to get the reform of financial regulation adopted before the November midterm elections. President Obama and his senior advisers are planning to focus more on this issue, seeking to tap into the anger among many voters over Wall Street excesses, a senior administration official and congressional Democrats said.
As the country recovers from its worst economic crisis since the Depression, Obama and his allies on Capitol Hill are pressing for the most dramatic remaking of financial oversight since then.
Treasury Secretary Timothy F. Geithner on Monday escalated his attacks on banks that oppose the financial overhaul. He warned that the administration could unilaterally impose far stricter rules on the industry if the legislation falls short in Congress.In seeking to recast the rules that have long governed the financial sector, the bill would in part establish a bureau inside the Federal Reserve to protect consumers and set up a council of regulators to survey threats to the financial system. The legislation would also bring financial derivatives under government oversight and empower officials to seize the biggest financial firms if they face collapse.
"If we fail to enact reform legislation here at home, we will be forced to use the limited and inadequate authority we have," Geithner said at a conservative think tank in Washington. He said the administration, in consultation with regulators, could impose higher capital requirements -- the amount of money banks must keep in their reserves to protect against unexpected losses. That would eat into their profits.
"To protect the American economy from the failures of the existing system, we will have to consider forcing parts of the financial system -- the parts we can regulate -- to operate with higher capital . . . than would otherwise be necessary," he said.
The Senate committee vote, which capped a hearing that lasted a mere 21 minutes, marked an abrupt acceleration and was applauded by administration officials, who have been eager to move the legislation forward after months of informal discussion among lawmakers. The committee action came three months after the House passed its version of a financial regulation bill.
"We are now one step closer to passing real financial reform that will bring oversight and accountability to our financial system and help ensure that the American taxpayer never again pays the price for the irresponsibility of our largest banks and financial institutions," Obama said in a statement.
Dodd had said earlier that he planned to spend the week considering revisions to his bill. But in voting on his bill, the committee's 23 members -- 13 Democrats and 10 Republicans -- did not consider any of the major changes that lawmakers from both parties had proposed in recent days.
Republicans did not protest Dodd's decision to send the package to the Senate floor. GOP lawmakers had crafted hundreds of amendments for the committee to consider and submitted them late last week. But with Republicans on the committee lacking consensus among themselves on some issues, Sen. Richard C. Shelby (Ala.), the ranking Republican, decided to forgo action on the proposed amendments. He plans to negotiate with Dodd behind closed doors.

"It brings us a step closer," Dodd said of the quick committee vote. He added that a prolonged debate on the committee could have led lawmakers' positions to harden, reducing the prospects of consensus.
"This allows us to buy some time, if you will, to work on the product we need to present to our colleagues as a whole. And that's an advantage," he said.
Shelby said he hopes the two men can find middle ground. "We're not polarized today," he said. "We're not going to the floor polarized; we're going to the floor right now in the spirit of trying to work a consensus bill, a meaningful, substantive bill that I've said all along that we need."
In recent weeks, Dodd had sought to negotiate a bipartisan deal with Sen. Bob Corker (Tenn.), but he ultimately forged ahead without the freshman Republican. Corker made it clear that he was disturbed by the committee vote.
"It is pretty unbelievable that after two years of hearings on arguably the biggest issue facing our panel in decades, the committee has passed a 1,300-page bill in a 21-minute, partisan markup. I don't know how you can call that anything but dysfunctional," Corker said. Yet he said he remains optimistic that "we can still get to a bipartisan bill before we get to the [Senate] floor."
The committee vote was sharply criticized by some advocates for the financial industry.
Edward L. Yingling, chief executive of the American Bankers Association, said the bill would impose harsh rules on traditional banks, putting them "at an even further disadvantage to non-banks and reduce the ability of our industry to support the economy."
But Ed Mierzwinski of the U.S. Public Interest Research Group, a leading consumer advocate, applauded the measure. "It's been over a year and a half since taxpayers bailed out the Wall Street bankers after their reckless actions ravaged our economy and cost us our jobs, our retirement income and our homes," he said. "The prospect of floor action, while overdue, is welcome."
Still, he added, the group will work to strengthen the bill by pressing for a free-standing consumer regulator outside the Fed and for all derivatives, hedge funds and private equity to be regulated without exception.
NPR
2_Financial_Overhaul_.sff.jpg

Regulators, Once Deemed Lax, Get Big Say On Rules

10-05-23 Press Release: FBI Complaint against Gary Perez – President, Christine Schwarz – Vice President, and USC Credit Union of Fraud, Extortion// Comunicado de prensa: FBI Queja contra Gary Pérez - Presidente, Christine Schwarz - Vice Presidente, y la USC Unión de Crédito de fraude, extorsión. // Pressemitteilung: FBI Beschwerde gegen Gary Perez - Präsident, Christine Schwarz - Vice President und USC Credit Union von Betrug, Erpressung.

10-05-23 Press Release: FBI Complaint against Gary Perez – President, Christine Schwarz – Vice President, and USC Credit Union of Fraud, Extortion.
Los Angeles, May 22 – Dr Joseph Zernik, Los Angeles County resident filed with FBI White Collar Crime Squad supervisor Steven Goldman complaint of fraud and extortion against Gary Perez – President, Christine Schwarz – Vice President, and USC Credit Union. [1] The complaint provided compelling evidence of collusion by Schwarz, Perez, and others at USC Credit Union with Countrywide, later also with Bank of America Corporation in a real estate fraud and extortion scheme against Dr Zernik.  The essence of real estate fraud in the case, was perpetrated by David Pasternak – former president of the Los Angeles Bar Association -  as was opined in a letter by highly decorated FBI veteran, fraud expert James Wedick, which was provided as part of the complaint.  Additional opinion letters by highly reputable fraud expert Robert Meister were previously provided – regarding false banking records of Bank of America Corporation.
The complaint stated that in November- December 2007, USC Credit Union conducted transactions in Dr Joseph Zernik’s accounts with no authorization and with no notice at all.  Such conduct was essential in enabling the real estate fraud by David Pasternak. 
Starting 2008, when Dr Zernik requested that USC Credit Union provide documentation of the legal foundation for its conduct in the matter, USC Credit Union produced a series of banking records, which were alleged as financial institution fraud, in and of themselves.  Such alleged fraud culminated in production in 2009 of false and deliberately misleading records of December 2008 minutes of the USC Credit Union Board of Directors , where Gary Perez – President, was purported to have been appointed as Custodian of Records.  The signatures of the Chair and Secretary of the Board were “redacted” from the minutes, and Jerry Jellison - Chairman of the Board of USC Credit Union, refused to authenticate the minutes.
The complaint also provided an August 2008 letter by fraud expert Wedick, documenting that FBI Special Agent assigned to the case agreed with Mr Wedick that Dr Joseph Zernik was indeed the victim of real estate fraud, and that it was within the duties and obligations of FBI to investigate and provide protection in such case.  The complaint further stated that the lawlessness in Los Angeles County was recognized by FBI already in the early 2000s, when it distinguished Los Angeles County as “the epicenter of the epidemic of real estate and mortgage fraud”.   Moreover, since January 2008, FBI repeatedly promised US Congress to investigate, and later to “speed up” investigations of conduct of lenders that caused the current mortgage/credit crisis.  The complaint stated that lawlessness in Los Angeles County, California, which was reflected in the complaint, was contrary to duties and obligations of the US government pursuant to international law – the Universal Declaration of Human Rights, and also contrary to the Basel Accords on international banking.  The complaint requested FBI and the Los Angeles White Collar Crime Squad to initiate investigation in the matter, to provide Dr Zernik equal protection under the law, and to return to Dr Zernik’s possession his lawful property at 320 South Peck Drive, Beverly Hills.
Copies of the complaint were forwarded to US banking regulator – John Dugan – Comptroller of the Currency, to chairs of the House and Senate judiciary and banking committees, to United Nations Human Rights Commissioner, and the Basel Accords Committee on international banking.
###
LINKS:
[1] May 23, 2010 FBI complaint of fraud, extortion by Gary Perez - President, Christine Schwarz -  Vice President, and USC Credit Union:
http://www.scribd.com/doc/31799262/10-05-23-USC-Credit-Union-FBI-complaint-for-fraud-and-extortion-against-Vice-President-Christine-Schwarz-President-Gary-Perez-s
_________________


10-05-23 Complaint Filed with FBI, Los Angeles, against Christine Schwarz - Vice President, Gary Perez – President, and the USC Credit Union on Fraud and Extortion.

Steven Goldman, Supervisor
White Collar Crime Squad
FBI Los Angeles, California
Tel: 3130 996 3810
Agent Marie
Tel: 310 996 4133
 
The favor of a response within 10 days is requested.
RE:  Complaint against Christine Schwarz - Vice President, Gary Perez – President, and USC Credit Union for Fraud and Extortion.

Dear Supervisor Goldman:

Please accept instant letter and the records linked below as a complaint against Christine Schwarz - Vice President, Gary Perez – President, and USC Credit Union for fraud and extortion, as part of a real estate fraud and extortion scheme against Dr Joseph Zernik and his property at 320 South Peck Drive, Beverly Hills, California, continued to this date by David Pasternak – former President of the Los Angeles Bar Association, in collusion with Bank of America Corporation.  The scheme was opined as fraud by highly decorated FBI veteran, fraud expert James Wedick. [1] False banking records of Bank of America Corporation were separately opined by highly reputable fraud expert Robert Meister, and previously filed with your office.

The conduct evidenced in instant complaint adds to documentation of widespread criminalities in real estate, mortgage, and banking operations in Los Angeles County, California.  Already in the early 2000s, the county was distinguished by FBI as “the epicenter of the epidemic of real estate and mortgage fraud.”  Such alleged criminalities incurred losses to US taxpayers at hundreds of billions of dollars.  It is part of conduct that FBI repeatedly promised US Congress to investigate and later - to speed-up investigation of.

Following are only highlights of the evidence of the alleged criminal schemes by USC Credit Union. Voluminous additional evidence is available upon request:

1)      In November-December 2007 Christine Schwarz and USC Credit Union executed transactions in Dr Joseph Zernik’s account without his authorization and with no notice to Dr Zernik at all. Such transactions enabled the real estate fraud by David Pasternak, as opined by highly decorated fraud expert, FBI veteran James Wedick.
The transactions in November-December 2007 involved transfers of sums of money of over $100,000, and the removal of a real property lien held by USC Credit Union on the property at 320 South Peck Drive, Beverly Hills, California.  Such transactions were conducted with no authorization by Dr Joseph Zernik, and with no notice to him at all.  It is alleged that such conduct amounted to collusion, since absent such conduct, David Pasternak would not have been able to accomplish the December 2007 real estate fraud on the property at 320 South Peck Drive, Beverly Hills.

2)      Starting mid 2008, Dr Zernik requested USC Credit Union for a reasonable explanation for its conduct in his accounts in November-December 2007.  In response Christine Schwarz – Vice President, Gary Perez – President, and others at USC Credit Union produced various false and deliberately misleading records in attempt to provide a legal foundation for their conduct in November-December 2007.
It is alleged that the records and conduct associated with the production of records by Schwarz, Perez, and others at USC Credit Union constituted financial institution fraud and extortion, in and of themselves:
(a)    Initially, Schwarz explained that the transactions in Dr Zernik’s account were executed based on a phone call by a third party, with no valid documentation at all.
(b)   On June 13, 2008 Schwarz produced on behalf of USC Credit Union a set of false and deliberately misleading records, with no transmission authentications at all. [2]
(c)    On June 26, 2008, Perez produced additional false and deliberately misleading records. [3]  Moreover, Perez produced such records under false representations that he was authorized as USC Credit Union Custodian of Records.  Such conduct is alleged as financial institution fraud, in and of itself.  The records and the conduct inherent in the June 26, 2008 production by Perez are alleged as financial institution fraud, in and of themselves.
(d)   On August 6, 2009 USC Credit Union produced additional false and deliberately misleading records,[4] purporting to constitute the December 15, 2008 Minutes of the USC Board of Directors, where Perez was claimed to have been appointed as Custodian of Records.  Such Minutes were produced with the signatures of the Chair and Secretary of the Board “redacted,” and Jerry Jellison, Chairman of the Board refused to authenticate the December 15, 2009 Minutes.  The records and the conduct inherent in the August 6, 2009 production by USC Credit Union are alleged as financial institution fraud, in and of themselves.

To eliminate a common misunderstanding – Dr Zernik was never involved in any foreclosure, bankruptcy, or
mortgage default of any kind.  The fraud schemed described above culminated in November – December 2007:  The property at 320 South Peck Drive, Beverly Hills was forcibly and unlawfully taken from Dr Joseph Zernik by David Pasternak in collusion with USC Credit Union and others, with no compensation to Dr Zernik at all.  Such conduct of David Pasternak was opined as fraud by highly decorated FBI veteran, fraud expert James Wedick.  [1]

In an August 2008 letter, Mr Wedick recorded his communications with FBI Special Agent assigned to the case, [5] where the Special Agent agreed with Mr Wedick that Dr Joseph Zernik was a victim of real estate fraud, and that it was within the duties and obligations of FBI to investigate and provide protection under such circumstances.

Since January 2008, and to this date, FBI repeatedly promised the US Congress to investigate, and later to “speed up” investigations related to conduct of lenders that caused the current economic/financial crisis.  The case at hand provided compelling evidence of fraud by a financial institutions pertaining to residential loans.

Lawlessness in Los Angeles County, California, particularly in real estate and financial institutions, which are reflected in instant complaint, are contrary to duties and obligations of the US government pursuant to international law – the Universal Declaration of Human Rights, and also contrary to international accords – the Basel Accords on international banking.

Therefore, FBI and the Los Angeles White Collar Crime Squad are requested to initiate investigation in the matter, to provide Dr Zernik equal protection under the law, and to return to Dr Zernik’s possession his lawful property at 320 South Peck Drive, Beverly Hills, 90212.

Truly,
Joseph Zernik, PhD

CC:
1) John Dugan – Comptroller of the Currency
2) Office of Comptroller of the Currency
3) Office of the Honorable Dianne Feinstein, Senator from California
4) Mr James Wedick, highly decorated FBI veteran and fraud expert.
5) Representative Barney Frank – Chair of the House Banking Committee
6) Senator Christopher Dodd – – Chair of the Senate Banking Committee
7) Senator Carl Levin – Chair of the Senate Investigations Committee
8) Senator Patrick Leahy – Chair of the Senate Judiciary Committee
9) Senator John Conyers – Chair of the House Judiciary Committee
10)  UN High Commissioner on Human Rights
11)  Basel Accord Committee

LINKS:
[1]  Highly decorated FBI veteran, fraud expert James Wedick’s opinion letter on Real estate fraud against Dr Joseph Zernik pertaining to his lawful property at 320 South Peck Drive, Beverly Hills, California:
[2] June 13, 2008 fax transmission by Christine Schwarz- Vice President, provided Dr Zernik with false and deliberately misleading records as purported authorization for November-December 2007 transactions in his account with no authorization and with no notice. Furthermore, Schwarz, in such transmission and others insisted on refusing to operate a fax machine which would produce authenticating fax header imprints out of compliance with UETA – the Universal Electronic Transactions Act. 
[3] June 26, 2008 false and deliberately misleading records, produced by Gary Perez – President, USC Credit Union, falsely acting as Custodian of Records.  Such records and such conduct are alleged as financial institution fraud, in and of themselves.
[4] August 6, 2009 production by USC Credit Union of purported December 15, 2008 Minutes of the Board of USC Credit Union, where Gary Perez was purported to have been appointed as Custodian of Records, and where signatures of the Chairman and Secretary of the Board were “redacted.”   Jerald M Jellison - Chairman of the Board, refused to authenticate such minutes. Such records and such conduct are alleged as financial institution fraud, in and of themselves.
[5] August 2008 email letter by highly decorated FBI veteran James Wedick, documenting his communications with FBI on the real estate fraud against Dr Joseph Zernik.
http://www.scribd.com/doc/29713733/08-08-21-Samaan-v-Zernik-SC087400-Email-letter-by-highly-decorated-FBI-veteran-James-Wedick-regarding-refusal-to-Investigate-FBI-to-provide-Dr-Zernik-protection-against-real-estate-fraud-s