Dr Z Digitally signed by

Joseph H Zernik
DN: cn=Joseph H
Joseph Zernik, PhD Zernik, o, ou,
email=jz12345@ea
PO Box 526, La Verne, CA 91750; rthlink.net, c=US
Location: La Verne,
Fax: 323.488.9697; Email: jz12345@earthlink.net California
Date: 2010.04.09
13:08:57 -07'00'
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

10-04-09 Request Response by John Dugan and US Office of Comptroller of the Currency on
Complaint Alleging Racketeering by Bank of America Corporation and Brian
Moynihan.

Date: Fri, 09 Apr 2010 12:47:19 -0700

To: "John Dugan (OCC)" <john.dugan@occ.treas.gov>
From: joseph zernik <jz12345@earthlink.net>
Subject: Bank of America Corporation (BAC), Case #00971981 and # 1070442 - fraud, as opined by fraud expert and conduct by
Countrywide Financial Corporation and BAC that amounted to alleged racketeering, involving Brian Moynihan - BAC President.
Cc: "Schapiro, Mary L - SEC Chair" <SchapiroM@sec.gov>, "Eric M Thorson, US Dept of Treasury-IG"
<eric.m.thorson@treas.gov>, "Melson, Kenneth E." <Ken.Melson@usdoj.gov>, "US DOJ-IG Glenn A Fine"
<Glenn.A.Fine@usdoj.gov>, "US DOJ-IG" <inspector.general@usdoj.gov>, "US DOJ-IG" <oig.hotline@usdoj.gov>, "US Holder
Eric" <eric.holder@usdoj.gov>, "US State Department - UPR"<upr_info@state.gov>

April 9, 2010

John Dugan
US Comptroller of the Currency
By Email

The favor of a response within 10 days is requested.

RE: Bank of America Corporation (BAC), Comptroller of the Currency (OCC) case
#1070442 - alleged racketeering, involving Brian Moynihan - BAC President, and failure of
OCC to take action

Dear Comptroller of the Currency Dugan:

I am writing to inquire regarding the delays in response by the US Office of Comptroller of the
Currency (OCC) on the case referenced above, which provided incontrovertible evidence of
conduct by BAC and its President - Brian Moynihan, amounting to racketeering at the courts in
Los Angeles County, California. As part of such conduct Dr Zernik, who was not party to any
foreclosure, bankruptcy or mortgage default, was forced in 2007 to leave his home under threat of
unlawful force. His home was taken for private use with no compensation at all.

Conduct of US officers and US agencies in the case demonstrates disrespect for US obligations
pursuant to the Basel Accords on international banking and the Universal Declaration on Human
Rights, and false and deliberately misleading statements to US Congress and the people
regarding the nature of US Banking Regulation.

Brief Chronology

In 2004 Countrywide Financial Corporation (CFC) and others initiated real estate fraud against Dr
Joseph Zernik and related mortgage fraud against the US Government.

In January 2007 Dr Zernik uncovered the fraud, and filed his first complaint with FBI, alleging
large-scale fraud by CFV, through the funding of extremely unworthy, government-back residential
loans. Such allegations were later found out to be true, with the collapse of CFC a year later. Dr

Page 2/7 April 9, 2010

Zernik predicted hundreds of billions in liabilities to the US treasury, which turned out to be a good
estimate. FBI refused to investigate the complaint, it also refused to provide Dr Zernik Equal
Protection.

By March 2007 - Dr Zernik exposed direct involvement in the fraud by senior CFC management
Angelo Mozilo and Sandor Samuels.

In June 2007 - CFC initiated retaliation through false appearances of Bryan Cave, LLP in the Los
Angeles Superior Court.

In November 2007 - Dr Joseph Zernik was forced to leave his residence, his property, under
unlawful threat of force. His property was taken for private use, and Dr Zernik was never
compensated one penny for the property, in which he had equity of close to $1 millions. No
bankruptcy, no foreclosure, and no mortgage default of any kind were involved in the case.

In December 2007 - Attorney David Pasternak, personal friend of CFCs Sandor Samuels and
former President of the Los Angeles Bar Association, committed fraud in conveyance of title on Dr
Zerniks property, as opined by FBI veteran James Wedick, fraud expert who had been decorated
by US Congress, by US Attorney General, and by FBI Director. [i]

In August 2008 - the Honorable Dianne Feinstein, Senator, and the Honorable Diane Watson,
Congresswoman file inquiries on FBI and US Department of Justice on behalf of Dr Zernik Why
FBI and US Department of Justice would not respond on Dr Zerniks requests for Equal Protection
under the law.

In August-September 2008 responses were provided to US Congress by Kenneth Kaiser FBI

Assistant Director for Criminal Investigations, and Kenneth Melson Director of US Attorneys
Office, which must be deemed fraud on US Congress. Such senior US Officers claimed that the
Dr Zernik was complaining about foreclosure procedures, and that no evidence was ever provided
by Dr Zernik of any specific violation of the law. [ii]

In late September 2009 - Dr Zernik filed complaint with OCC against BAC #00971981, regarding
its involvement in such real estate fraud. Incontrovertible evidence was presented for conduct of
BAC, and CFC before it, which should be deemed racketeering under the guise of litigation at the
Los Angeles Superior Court, through false appearances by false counsel Bryan Cave LLP,
production of a large volume of false banking records, filing of false motions for obstruction and
perversion of justice and for harassment, intimidation, and retaliation against a victim, informant,
and witness. The case involved no foreclosure, no bankruptcy, and no default on a mortgage of
any kind. It is alleged as willful criminality by CFC and BAC,

On October 6, 2009 the complaint was forwarded to BAC. Dr Zernik was informed that the bank
was required to respond within 30 days, and that OCC would respond within 60 days.

On November 23, 2009 and again on December 2, 2009 Dr Zernik filed complaint with US
Department of Justice Inspector General, Glenn A Fine, alleging fraud by senior US Officers
Kenneth Kaiser and Kenneth Melson, on the US Congress in their responses to Senator Feinstein
and Congresswoman Watson in August September 2008.

On January 8, 2010 after repeated escalations by OCC, Bank of America responded with a letter
from the office of Brian Moynihan, which failed to address the issued raised in the complaint. [iii]

On January 12, 2010, prior to receipt of the January 8, 2010 letter, complaint was also filed with
SEC Chair, Mary Schapiro, alleging criminality by senior management at Bank of America
Corporation.[iv]

On January 15, 2010 letter was sent to Brian Moynihan, BAC President, pointing out the

Page 3/7 April 9, 2010

deficiencies in his January 8, 2010 response to OCC. [v] The January 8, 2010 letter failed to
address the alleged fraud in banking records that were produced by Countrywide Financial
Corporation, and later Bank of America Corporation. It also failed to address the false
appearances of Bryan Cave LLP, while not counsel of record in the caption of Samaan v Zernik
(SC087400), and conduct that amounted to racketeering under such false appearances.

Also on January 15, 2010 a letter was sent to OCC objecting to BACs January 8, 2010 response
letter as inadequate. [vi]

Additionally on January 15, 2010 the Honorable Dianne Feinstein, US Senator, issued inquiry on
OCC, on behalf of Dr Zernik Why OCC would not respond on the complaint against BAC.. [vii]

On January 27, 2010 OCC provided its initial response on complaint #00971981. Such response
in its essence claimed that to the degree that the complaint alleged civil fraud, OCC was not going
to take any action, and to the degree that the complaint alleged criminal fraud and various other
criminalities, OCC was not going to take any action either. [viii]

On February 2, 2010, appeal was filed with OCC regarding BACs inadequate response on
complaint #00971981, and acceptance of such response by OCC. [ix]

On February 3, 2010 Dr Zernik filed request with the Honorable Dianne Feinstein, US Senator, for
inquiry on Glenn A Fine, US Department of Justice Inspector General Why he would not respond
on complaints against Kenneth Kaiser and Kenneth Melson for fraud on US Congress, in their
responses to Senator Feinstein and Congresswoman Watson in August September 2008.

On February 5, 2010, and again on March 6, and March 8, 2010, I sent letters to Brian Moynihan,
President, and to Ed OKeefe, General Counsel, requesting that they inform the Audit Committee
of BAC of fraud by management, pursuant to Sarbanes Oxley Act (2002). [x] No response was
received, and there is no evidence that I am aware of, that such disclosure indeed took place in
compliance with the law.

On February 26, 2010 Senator Feinsteins office issued letter re: Inquiry on Dr Zerniks behalf on
US Department of Justice Inspector General, Glenn A Fine.[xi]

On March 4, 2010 Dr Zernik filed additional evidence with US Department of Justice Inspector
General regarding fraud by Kenneth Kaiser and Kenneth Melson in their responses to US
Congress on inquiries by Senator Feinstein and Congresswoman Watson. [xii]

On March 6, 2010 addendum was filed with OCC to the appeal against BAC. [xiii] As part of the
appeal, evidence was provided to OCC of direct involvement of Brian Moynihan, BAC President in
alleged criminalities:

a) On December 10-11, 2008 - immediately upon his appointment as General Counsel of

Bank of America Corporation - following the ouster of Mr Timothy Mayopoulos, which has been
the subject of various investigations and court probes. The evidence showed that Mr Mayopoulos
brought the wrongdoing by Bryan Cave, LLP at the Los Angeles Superior Court to a halt, but that
such conduct was resumed less than 24 hours after Mr Mayopoulos's replacement by Mr
Moynihan as General Counsel.

b) On January 8, 2010 - in false responses filed with OCC. The false response by office of
BAC President, Brian Moynihan, attempted to cover up his conduct in December 2008, relative to
false appearances of Bryan Cave, LLP, in what must be deemed racketeering at the Los Angeles
Superior Court.

On March 6, 2010, complaint was also filed ageist OCC with Treasury Inspector General, Eric
Thorson, for OCCs refusal to enforce the law on BAC. [xiv]

Page 4/7 April 9, 2010

On March 6, 2010, complaint, including the same evidence against Brian Moynihan, BAC
president, was also filed with Mary Schapiro, SEC Chair. [xv]

On March 6, 2010, repeat complaint was filed with FBI, with a request to return to Dr Zerniks
possession his lawful property. [xvi]

On March 11, 2010 a letter was issued by the office of Senator Feinstein a follow up indicating
that it has not received response from OCC yet. [xvii]

BY APRIL 9, 2010 NO RESPONSE WAS RECEIVED FROM OCC ON CASE #1070442, NO

RESPONSE WAS RECEIVED ON THE COMPLAINTS DATED NOVEMBER 23, 2009 and
DECEMBER 2, 2009 TO US DEPARTMENT OF JUSTICE INSPECTOR GENERAL.

Unified Front of US Agencies and Senior US Officers in Disregard of US Obligations Pursuant to

the Basel Accord and Universal Declaration of Human Rights.

Bank of America Corporation is recipient of some $200 billions in bailout funds. US Congress and
others, at home and abroad, raised major concerns regarding integrity, or lack thereof, in US
banking regulation. In response to concerns regarding large-scale fraud by financial institutions in
the current crisis, US Congress also passed the Fraud Enforcement and Recovery Act (2009). In
parallel, OCC and other regulators made promises to US Congress - to "shore up" the regulation
of financial institutions. [xviii]

However, the case at hand provides unique insights into the true nature of the current crisis, and
the true state of US banking regulation: Criminality by large financial institutions, both against the
US Treasury and also against individuals, and refusal of US agencies to enforce the law. Beyond
the fraud against the US Treasury, fraud by CFC - today BAC's wholly owned subsidiary - against
individuals has been documented in courts across the US. [xix] Such conduct was brought to the
attention of senior US officers. Regardless, so far no US agency is willing to provide equal
protection and to enforce the Rule of Law.

Such state of affairs must be deemed as reckless disregard of US government to its obligations
pursuant to the Basel Accords on international banking. It is also serious disrespect by the US of
its Human Rights obligations pursuant to the Universal Declaration of Human Rights.

Request for Response by OCC on Case #1070442

I kingly request a response by OCC, indicating the projected time for OCC's completion of
investigation of case #1070442 against BAC and its president - Brian Moynihan, referenced
above, which alleged fraud, and various types of criminalities at the courts, which must be
deemed upon review as racketeering.

Truly,

Joseph Zernik, PhD

http://inproperinla.blogspot.com/
http://human-rights-alert.blogspot.com/
http://www.scribd.com/Human_Rights_Alert
http://www.liveleak.com/user/jz12345
http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner
Please sign our petition - Free Richard Fine: http://www.thepetitionsite.com/1/free-fine
Patriotic pics of Beyonce' Knowles, Sharon Stone, and Charlize Theron,

Page 5/7 April 9, 2010

Coming soon- deep house music!

CC:
1. Senator Dianne Feinstein re: Inquiries on OCC and US DOJ-IG.
2. Senator Patrick Leahey sponsor of the Fraud Enforcement and Recovery Act (2009).
3. Mary L Schapiro, SEC Chair as a complaint and repeat request for equal protection.
4. Glenn A Fine, US Department of Justice Inspector General as a reminder of complaint
against
Kaiser and Melson, which was never addressed.
5. Basel Accord Committee on international banking
6. United Nations - as part of report for the 2010 Universal Periodic Review (UPR) of Human
Rights
in the US.
7. US State Department - UPR Office.

LINKS

[i] Opinion letter of highly decorated FBI veteran, fraud expert James Wedick, regarding real
estate fraud, conducted under the guise of litigation at the Los Angeles Superior Court
http://www.scribd.com/doc/24991238/07-12-17-Samaan-v-Zernik-SC087400-David-Pasternak-
Grant-Deeds-opined-as-fraud-by-James-Wedick-ss

[ii] August-September 2008 Congressional Inquiries and responses by Kenneth Kaiser and
Kenneth Melson - senior US officers.
http://www.scribd.com/doc/29655101/08-09-08-Congresswoman-Watson-Senator-Feinstein-
Inquiries-on-FBI-and-US-Department-of-Justice-and-responses-by-FBI-Kaiser-and-US-DOJ-
Melson

[iii] January 8, 2010 Response by BAC and Brian Moynihan on OCC complaint #00971981
http://www.scribd.com/doc/27932890/10-01-08-Bank-of-America-Response-letter-by-office-of-
President-CEO-Brian-Moynihan-to-Office-of-Comptroller-of-the-Currency-on-Zernik-s-Complaint

http://www.scribd.com/doc/27932742/10-01-08-Bank-of-America-Response-letter-by-office-of-
President-CEO-Brian-Moynihan-to-Office-of-Comptroller-of-the-Currency-on-Zernik-s-Complaint-0
[iv] January 12, 2010 Correspondence with Mary L Schapiro in re: Alleged racketeering by Bank
of America Corporation and Brian Moynihan, its president:
http://www.scribd.com/doc/25145795/10-01-12-Bank-of-America-Correspondence-with-Schapiro-
SEC-Chair-Bailey-OCC-Deputy-Comptroller-Moynihan-BofA-President-and-Basel-Accords-Com

[v] January 15, 2010 letter to BAC President Brian Moynihan regarding deficiencies in his January
8, 2010 response to OCC:
http://www.scribd.com/doc/29648909/10-01-15-Bank-of-America-Response-to-President-
Moynihan-Letter-of-Jan-8-2010-re-OCC-complaint-00971981-s

[vi] January 15, 2010 letter to OCC regarding review standard in complaint against BAC.
http://www.scribd.com/doc/25294161/10-01-15-Samaan-v-Zernik-SC087400-Proposed-Review-
Standard-for-Office-of-Controller-of-the-Currency-Review-of-Complaint-against-Bank-of-Americas

[vii] January 15, 2010 letter from the office of Senator Feinstein, re: issuance of inquiry on OCC:
http://www.scribd.com/doc/29647939/10-03-11-Bank-of-America-Senator-Dianne-Feinstein-
Follow-Up-with-US-Office-of-Comptroller-of-the-Currency-Re-Bank-of-America-Corporation-s

[viii] January 27, 2010 response by OCC regarding complaint #00971981 against Bank of
America Corporation
http://www.scribd.com/doc/29649411/10-01-27-Bank-of-America-US-Office-of-Comptroller-of-the-

Page 6/7 April 9, 2010

Currency-Response-in-Re-Complaint-00971981-s

[ix] February 2, 2010 - Appeal filed with OCC regarding complaint #00971981 against Bank of
America Corporation.
http://www.scribd.com/doc/29649904/10-02-02-Bank-of-America-Appeal-to-US-Office-of-
Comptroller-of-the-Currency-in-Complaint-00971981-s

[x] February 2, 2010, March 6, 2010, March 8, 2010 requests for disclosure to BAC Audit
Committee of fraud by management:
http://www.scribd.com/doc/26416550/10-02-05-Repeat-Request-for-Ed-O-Keefe-General-
Counsel-and-Brian-Moynihan-President-to-report-Sandor-Samuels-to-the-Audit-Committee-for-
fraud-by

http://www.scribd.com/doc/27937374/10-03-06-Bank-of-America-Requesting-President-CEO-
Brian-Moynihan-to-Disclose-His-Own-Fraud-to-the-Audit-Committee-s

http://www.scribd.com/doc/28012578/10-03-08-Addendum-to-Request-for-Brian-Moynihan-s-
Disclosure-to-Audit-Committee-of-Fraud-by-Management-s

[xi] February 26, 2010 Senator Feinsteins inquiry US Department of Justice Inspector General,
Glenn A Fine
http://www.scribd.com/doc/29659469/10-02-26-Senator-Feinstein-s-Inquiry-on-US-Department-of-
Justice-Inspector-General-Glenn-A-Fine-s

[xii] March 4, 2010 Additional evidence filed by Dr Zernik with US Department of Justice Inspector
General, of fraud on US Congress by Kenneth Kaiser (FBI) and Kenneth Melson (US DOJ)
http://www.scribd.com/doc/29660111/10-03-04-Dr-Zernik-s-Clarifications-Filed-with-US-
Department-of-Justice-Inspector-General-re-Complaint-against-Kenneth-Melson-and-Kenneth-
Kaiser

[xiii] March 6, 2010 Addendum to Appeal #1070442 to OCC against BAC providing compelling
evidence for involvement of Brian Moynihan in criminalities.
http://www.scribd.com/doc/29653627/10-03-06-Bank-of-America-Addendum-to-Appeal-1070442-
filed-with-Office-of-Comptroller-of-the-Currency-against-Brian-Moynihan

[xiv] March 6, 2010 Complaint filed with Eric Thorson, Treasure Inspector General, against OCC.
http://www.scribd.com/doc/29653428

[xv] March 6, 2010 Complaint alleging criminality by Brian Moynihan filed with SEC Chair Mary
Schapiro.
http://www.scribd.com/doc/29653973/10-03-06-Bank-of-America-Complaint-Filed-With-SEC-
Chair-Mary-Schapiro-against-Moynihan

[xvi] March 6, 2010 repeat complaint filed with FBI with a request to return to Dr Zerniks
possession his lawful property.
http://www.scribd.com/doc/29654590/10-03-06-Complaint-on-Real-Estate-Fraud-Filed-with-FBI-
Los-Angeles-s

[xvii] March 11, 2010 letter by office of Senator Feinstein, including February 1, 2010 letter by
OCC.
http://www.scribd.com/doc/29647939/10-03-11-Senator-Dianne-Feinstein-Follow-Up-with-US-
Office-of-Comptroller-of-the-Currency-Re-Bank-of-America-Corporation-s

[xviii] February 23, 2009 joint statement issued by US agencies, promising to shore up banking
regulation.

Page 7/7 April 9, 2010

http://inproperinla.com/09-02-23-regulators-pledge-to-shore-up-financial-system.pdf

[xix] Fraud by Countrywide Financial Corporation (CFC) under the guise of litigation was
documented in courts across the US. Regardless, US agencies refused to take action. Sandor
Samuels, former CFC Chief Legal Officer, who was responsible for such conduct is today BACs
Associate General Counsel, and the evidence in case at hand documented that such litigation
practices were adopted by BAC and Brian Moynihan following the merger of CFC and BAC. The
case of Parsley, below, also includes a full year study by the US Trustee of litigation practices of
CFC across the US.
http://www.scribd.com/doc/25003494/08-01-08-Countrywide-Recreated-Letters-Transcript-in-
case-of-Borrower-Hill-Pittsburgh-PA-s

http://www.scribd.com/doc/25001966/08-03-05-Countrywide-Judge-Jeff-Bohm-s-rebuke-of-
litigation-practices-Case-of-Borrower-Parsley-Houston-Texas-Dkt-248-re-Countrywide-s-false-ou