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3) Such statements were contrary to the facts in this matter, were false and deliberately misleading,and were alleged as the core of the alleged fraud by senior US DOJ officers on US Congress:a. No “procedures for real estate foreclosure” were involved in the case. Dr Zernik was never lateon any mortgage payment in his life, let alone party to any mortgage default, foreclosure orbankruptcy. Such statement may be deemed upon review as groundless derogatory statement.b. There never was any mention of “being improperly fined” in the complaints or the legal facts inthis matter.c. Claims of “insufficient facts to demonstrate a violation of federal law..,“ and “insufficientfacts… to support the initiation of an FBI investigation” were directly contradicted by opinionletter of James Wedick,
fraud expert of the highest acclaim. Mr Wedick was an FBI veteran,who had been decorated by US Congress, US Attorney General, and FBI Director. Mr Wedickhad been at the center of some of the highest profile FBI investigations of governmentcorruption in recent decades. Mr Wedick opined regarding conveyance of title on Dr Zernik’sBeverly Hills residence in December 2007, which was purportedly executed on behalf of theSuperior Court of California, County of Los Angeles – “fraud being committed” and “
should be instituted”. [Italic emphasis in the original – jz]d. Claims of “insufficient facts to demonstrate a violation of federal law..,“ and “insufficientfacts… to support the initiation of an FBI investigation” were again directly contradicted inAugust 21, 2008 email notice by Mr Wedick to Dr Zernik,
In such notice, Mr Wedickdocumented that he had been approached on that day by FBI agent LB Connoly, from the“mortgage fraud squad in Los Angels” who was assigned to this case. Moreover, Mr Wedickdocumented that FBI agent Connoly “had looked at the documents and did think a fraud hadtaken place.”e. In the same August 21, 2008 email notice by Mr Wedick to Dr Zernik,
Mr Wedick furtheradvised Dr Zernik, in what appeared as his conclusion from his discussion with FBI Agent LBConnoly, that FBI would not investigate the case, if Dr Zernik would name judges of theSuperior Court of California, County of Los Angeles, as involved in the real estate fraud. Infact, Mr Wedick was repeating advice that Dr Zernik had previously received from Mr StevenGoldman, Chief of the White Collar Crime Squadron, FBI Los Angeles – to file a complaint(and invariably also – declarations), where no involvement of judges in the fraud would bementioned. Dr Zernik considered such advise as coming close to inducing him to perjurehimself. There was no honest way to provide account of the real estate fraud in this casewithout any mention of involvement of the judges of the Superior Court of California, County of Los Angeles.f. One should notice that the August 21, 2008 email notice, and related discussion between FBIAgent Connoly and decorated veteran FBI Agent James Wedick took place on the very sameday that Kenneth Kaiser, Assistant Director of FBI for Criminal Investigations issued his letter tothe Honorable Diane Feinstein, including statements quoted above, which were the opposite of what Mr Wedick reported as the understanding shared by him and Agent Connoly. Since thereseemed to have been no evidence of FBI investigation in this case either before or after thatdate, it remained to be determined if there was a relationship between the issuance of theletters to US Congress and the approach by FBI on Mr Wedick on that date.g. One should notice that the August 21, 2008 email notice, and related discussion between FBIAgent Connoly and decorated veteran FBI agent James Wedick took place prior to theissuance by Kenneth Melson, Director of US Attorney Office of his letter to the HonorableDiane Feinstein. [The letter itself, as provided, was undated, but it was estimated to have beenissued in early September 2008, based on first “received” stamp by Senator Feinstein’s office,dated September 9, 2008].