News Release in re: Demand for Corrective Action by BAC Audit Committee

March 2, 2009:  Demand for Corrective Action by BAC Audit Committee

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News Release by Joseph Zernik                                                - 02-Mar-2009

Re: Bank of America Corporation (ticker: BAC, exchange: New York Stock Exchange)

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DEMANDS FOR AUDIT COMMITTEE REVIEW & TIMED RESPONSE RE: ALLEGATIONS OF SUB-PRIME BAILOUT ABUSE AT BANK OF AMERICA  2-Mar-09 12:02pm 

Requests for review/ enforcement also pending before SEC  

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for immediate release

LOS ANGELES, CA, Mar 02/       /-- In a letter to individual members of Bank of America Audit Committee, Joseph Zernik, claiming to be victim of ongoing frauds by Countrywide*, now subsidiary of Bank of America, and failure of corporate officers to respond to his previous requests for assistance.  Zernik demands response of either the committee as a whole, or the individual members, by March 10, 2009.  Underlying matter is a real estate dispute – in 2004 Zernik listed his Beverly Hills residence for sale.  Buyer Nivie Samaan made an offer and obtained Zernik’s assent to contract in September 2004 under false pretenses including, but not limited to, the use of a fraudulent prequalification letter - as determined by fraud expert examination.   Zernik canceled escrow in October 2004 after Samaan failed to perform per contract relative to obtaining mortgage loans, would not remove contingencies, and was caught engaging in alleged wire/fax fraud, where she impersonated throughout the transaction her loan broker in fax communications with both Zernik and Countrywide, allegedly – with the latter’s collusion. 

In October 2005 Samaan filed complaint in LA Superior Court, and Samaan v Zernik (SC087400) was heard by Judge Jacqueline Connor, best remembered for her performance in the First Rampart Trial (2000), where she reversed jury verdict convicting corrupt LAPD police involved in large-scale framing resulting in the false imprisonment of thousands of innocent people in Los Angeles, California. Zernik alleges that severe violations of due process and multiple instances of fraud by Connor in collusion with Samaan’s counsel and Countrywide as part of the litigation, are credibly evidenced through records of the court itself. Connor rendered Summary Judgment for Specific Performance of the 2004 real property purchase contract based on fraudulent Countrywide records, as opined by fraud expert.  Such records were admitted by Connor as evidence in alleged deliberate violation of due process and the evidence code.  Multiple requests to stop the fraud, filed directly with Angelo Mozilo, then President, and Sandor Samuels, then Chief Legal Officer of Countrywide in the months preceding the summary judgment hearing, led only to alleged retaliation through collusion of Countrywide and the Court, coordinated by Bryan Cave, LLP.  The law firm has been appearing in court for almost two years under the false self designation of Non-Party, while the Court interchangeably designates Countrywide Defendant, Plaintiff, Cross-Defendant, Intervenor, all without adequate legal foundation. 

After repeat disqualifications for a cause of Connor, the case changed hands, and in November-December  2007, Zernik’s property was taken for private use, under the threat of force, through coordinated actions of judges including, but not limited to John Segal and Terry Friedman, with no compensation at all.  Such actions were perpetrated under the guise of execution of judgment, but without ever relying on the actual August 9, 2007 Judgment - rendered, but not entered by Judge Connor, without ever issuing a Writ of Execution, and through reliance on fraudulent Grant Deeds, issued for the court by Att David Pasternak, as opined by expert fraud examiner. 

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Zernik claims that Connor, Segal, Friedman and other judges involved in this case colluded with Countrywide, including, but not limited to Angelo Mozilo, Sandor Samuels, and the Legal Department, and engaged in racketeering under the guise of litigation. Zernik further claims that the preponderance of the evidence in his case and in several other cases he has identified demonstrate a well- established Enterprise Track at the LA Superior Court, where today, the Clerk of the Court, John A Clarke, and Presiding Judges, formerly Stephen Czuleger and today Charles McCoy, refuse to certify the case as litigation in the Superior Court of California, refuse to certify Judge Friedman, who still holds the file, as duly assigned to the case (none of the judges held an Assignment Order), and refuse to certify the August 9, 2007 Judgment by Connor as a valid effectual judgment of the Superior Court.

In December 2006, Zernik, who had no business with Countrywide, first realized that Countrywide had already been involved in various frauds against him - by then for over two years. He initially attempted for a few months to address the frauds through the Legal Department of Countrywide, only to realize that the Department was the one who had coordinated the frauds in the first place.  He then addressed both Angelo Mozilo, then president, and Sandor Samuels, then chief legal officer, directly, with requests to stop the frauds being perpetrated by Countrywide against him.  Both officers then advertised their personal commitment to fight frauds, and invited victims or informants to approach them.  The response was a campaign of harassment/ intimidation/ retaliation against a victim/ witness/ informant, still ongoing today.  Such conduct was coordinated by Bryan Cave, LLP, appearing for almost two years in LA Superior Court as counsel for Countrywide, under the false self-designation “Non-Party”. The Court interchangeably uses for Countrywide false designations of “Defendant”, “Plaintiff”, “Cross-Defendant”, “Real Party in Interest”, etc – all with no legal foundation. 

In anticipation of the Sub-Prime Bailout merger, Zernik gave notice to officers of Bank of America already in February 2008.  However, in the nine months since the July 1, 2008 merger of Countrywide with Bank of America, such retaliation did not cease, on the contrary, it has been escalated.  However, Bryan Cave, LLP would no longer clearly identify its clients in the case, and so far has failed to file adequate corporate disclosure. Office of Bank of America Timothy Mayopoulos, General Counsel, claims that Bryan Cave, LLP is not authorized to appear in its name, yet no attempt has been made to stop such appearances, on the contrary – court records evidence support by Bank of America of Bryan Cave, LLP actions.  Neither Countrywide, nor Bank of America filed any disclosure in this matter per Sarbanes-Oxley, section 307.  Appeals to Bank of America’s Ken Lewis, president, Timothy Mayopoulos, General Counsel, members of the board, and members of the Audit Committee to this date remain unanswered. 

Similarly, there is no indication that Bank of America has taken any corrective action so far regarding massive fraud against the U.S. government, identified by Zernik already in a complaint filed with FBI in January 2007,  particularly at the wholesale branches of Countrywide Home Loans, Inc. Zernik alleges fraudulent use of large systems such as EDGE for underwriting monitoring, which deceptively convey appearance of compliance with Regulation B of the FRB, Fair Housing and Fair Credit laws, but allow underwriting in disregard of the law.

Starting December 2006, Zernik approached various local, state, and federal law enforcement agencies, uniformly, all refused to even review the evidence.  Credible evidence from FBI shows that the reason for such refusal was the need to address allegations of widespread public corruption and racketeering – particularly in real estate litigations – by a large group of judges, including the leadership of the LA Superior Court.  Zernik alleges that the court’s large computer systems, e.g., SUSTAIN, are the enabling tools of the racket in its current manifestation, and that credible evidence is found in court records generated by the system.  Such frauds are facilitated by the combined abandonment of published rules of court and denial of access to digital litigation records since the introduction of SUSTAIN around 1985 - in defiance of universally recognized basic human rights. In August September 2008, Kenneth Melson, director, US Department of Justice, and Kenneth Kaiser, assistant director, FBI, provided responses to inquiries by Senator Dianne Feinstein and Congresswoman Diane Watson regarding failure of agencies to respond in this case. Such responses are deemed by Zernik false and misleading. For example, Melson explained the conduct of U.S. Justice Department by making a false, misleading, and derogatory statement that Zernik was complaining about foreclosure procedures.

Support of Zernik’s position in this case has come so far from retired Judge R William Schoettler, who in May 2007 reviewed the evidence in the case as Mediator and determined that Samaan had “no case at all”, fraud experts Robert Meister and James Wedick, who reviewed key records in this case, and Prof Joseph Grundfest, SEC former Chair, who after brief review of some records forwarded the case to SEC Enforcement.  American Homeowners Resource Center, an advocacy group supports Zernik’s cause, pointing out that the case, which involved no foreclosure and no default at all, is a poster-child for the role of the courts in the current looting of homeowners throughout the U.S. in collusion with lenders and lawyers as part of the Sub-Prime Crisis.

Zernik himself points out that his case provides the clearest evidence for the widespread corruption of the LA Superior Court, and requires reevaluation of the Rampart scandal, where judge were claimed to have been “duped” by corrupt police to enter false evidence.  However, in Samaan v Zernik Judge Connor, who was the central figure in the Rampart scandal, and also Judges Segal and Friedman, are alleged to have presided with no Assignment Orders and no authority at all, to have entered false evidence in violation of the evidence code and due process procedures, to have made rulings that were contrary to the law deliberately and without any explanation, and to have generated false and deliberately misleading court records routinely. Zernik claims that such allegations are credibly evidenced through the court records themselves.

Moreover, Zernik claims that the bigger looming disgrace is the ongoing incarceration of estimated (based on PBS Frontline, 2001) 10,000 Falsely Imprisoned People (FIPs) in Los Angeles, mostly black and latinos, over 10 years after they were confirmed innocent in Rampart Scandal investigations. Such false imprisonments were confirmed and re-affirmed in a series of official reviews, latest of which was the Blue Ribbon Review Panel Report (2006), commissioned by the LAPD itself.  The Rampart scandal (1998-2000) was described at the time as the worst abuse of civil rights by police in the history of the U.S.  But following Connor’s derailing of the First Rampart Trial (2000) – all prosecutions of culprit police ceased, and the victims remained imprisoned.  A U.S. judge was appointed Overseer of civil rights in LA pursuant to the Consent Decree (2001), but his office is deemed ineffective- it was scheduled to meet prescribed goals and close in 2006. 

At present, Zernik has requests for review/corrective-action/enforcement pending before the audit committee and individual members of Bank of America -  William Barnet, III, John T Collins, General Tommy R Franks, Walter E Massey, Thomas J May (Chair), Admiral Joseph W Frueher. Requests for investigation/enforcement are also pending before congressional committees and SEC. 

In summer 2008, Zernik filed with Judge Friedman, who is still holding the file today, “Notice to Cease and Desist Racketeering” and ceased participation in any LA Superior Court proceedings of Samaan v Zernik (SC087400).  Regardless, Judge Friedman and Countrywide continued their proceedings, most recently entering against Zernik on February 17, 2009 Judgment of Contempt, for the second time in two years, and again setting sanctions, by now in excess of $30,000.  The most recent charge was that by contacting the office of Bank of America General Counsel, Timothy Mayopoulos, and obtaining information that Bryan Cave, LLP, was not authorized to appear in court for Countrywide/Bank of America, Zernik violated a July 23, 2007 Order by Judge Connor, yet to be discovered, which purportedly directed him to communicate only with Att Todd Boock , of Countrywide’s Legal Department.  The office of Mr Mayopoulos likewise instructed Zernik that the counsel authorized to represent Bank of America/Countrywide in this case was only Book. But Boock claims that Zernik is prohibited from communicating with him by court orders.  

Complaint filed in March 2008 in U.S. District Court, LA, against LA Superior Court, its judges, Countrywide, Mozilo, and Samuels  – Zernik v Connor et al (2:2008cv01550) - was abandoned over half a year ago.  Zernik holds that the docket of the case, as seen on Pacer, both before and after the case was abandoned, is inexplicable as litigation pursuant to either U.S. or International Law.

Requests were filed with international agencies to monitor the conduct of the courts in LA, California, in light of severe, large-scale, long-term abuse of human rights of all 10 million residents of the most populous county in the U.S., with inexplicable indifference by U.S. government agencies such as FBI.

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*     Countrywide here denotes Countrywide Financial Corporation, Inc, and all its subsidiaries and affiliates.

**    Digitally certified PDF copies of key evidence in this case available upon request.

CONTACT:  Joseph Zernik, DMD, PhD; Email: jz12345@earthlink.net

END

General Tommy Franks is asked to liberate Los Angeles...

Letter to the Audit Committee of the Board of Directors of Bank of America Corporation

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

Note: above is thecover letter, an attachment of 10 pages can be viewed at:

We are Proud to Announce the 2008 Pinokio Award...

                                                     

Att Jenna Moldawsky                                                           Pinokio                

RUNNERS-UP: 

1) Sandor Samuels -   former Countrywide Chief Legal Officer

2) Angelo Mozilo -   former Countrywide President/CEO/Chair

3) Judge Learned Hand - ( NOT Terry Friedman)

09-01-13. Att Jenna Moldawsky – Winner of the 2008 Pinokio Award*

As the year comes to a close, there is no doubt that Att Moldawsky deserves more than anybody else the 2008 Pinokio Award! Att Moldawsky won the award for her landmark paper:

“Non-Party Countrywide Home Loans, Inc’ Notice of Motion and Motion for Monetary Sanctions…”.**

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“In this artful pleading, Att Moldawsky masterly crafted all possible Pinokio effects:

– Att Moldawsky purportedly represents a corporate client, but she would not answer direct questions about its identity, neither has she filed any corporate disclosure in the past six months since BOA took over Countrywide, and since Sandor Samuels and Angelo Mozilo presumably ceased to be Countrywide employees. Att. Moldawsky also filed no paper showing she was authorized by BOA, and BOA denied she was authorized.

– Att Moldawsky purportedly represents a client whom she designates “Non-Party”. By what authority and on what legal foundation she came by this party designation? Obviously it is handy in failing to report the violations of the law per Sarbanes-Oxley Act of 2002 §307, but why did the Clerk of the Court accept such filing?

– Att. Moldawsky’s paper claims to be part of a case captioned Samaan v Zernik (SC087400), of the LA Superior Court. But the offices of Presiding Judge and Clerk of the Court refuse to certify such facts.

– Att Moldawsky adequately listed no judge as being assigned the to the case on the face page. And yet, in the first sentence she noticed it to “Department J”. What legal theory led Att Moldawsky in determination of venue and jurisdiction? Maybe the fact that Mr Terry Friedman is a friend of Mr Sandor Samuels...

– Att Moldawsky’s arguments are based on a purported July 23, 2007 Order by Judge Connor, but a valid order that was issued, served, noticed, and entered in a timely manner is yet to be produced…

– Att Moldawsky included in her motion a table of authorities. How did she determine that such case is adjudged by the Law of the State of California ?

– Att Moldawsky, again, produced evidence with no authentication, and insufficient pleadings – by counsel.  

The Pinokio Award committee congratulates you, Att Moldawsky, for such unique achievement so early in your career*** – as graduate of UCLA Law School, Class of 2006. Congratulations also to your mentors at Bryan Cave, LLP, Bank of America, and Countrywide. Mr Samuels’ inspiration surely shines between your lines - his precocious student of the art of streamlining, of which he is a master – second to none…

All the best!”

* Ms Moldawsky’s unprecedented achievement was also submitted to Boing Boing – a directory of wonderful things, http://boingboing.net/.

** http://inproperinla.com/09-01-13-moldawsky-notice-of-motion-sanctions-contempt.pdf

*** We shall continue to follow and report the career developments of this promising young attoney.