09-09-04 Correspondence With General Tommy Franks - Former Member of Bank of America Audit Committee IN RE: Integrity, or Lack Thereof, in Operation at BAC S

Digitally signed by
Joseph H Zernik
DN: cn=Joseph H
Zernik, o, ou,
email=jz12345@eart
Joseph Zernik DMD PhD

hlink.net, c=US
Location: La Verne,
California
Fax: (801) 998-0917 Email: jz12345@earthlink.net; PO Box 526, La Verne, CA 91750 Date: 2009.09.05
23:55:05 -07'00'
09-09-04 General Tommy Franks, former Member of the Audit Committee, Provides a Show and
Tell in re: Integrity of Operations at Bank of America Corporation
_________________________________________________________________________
Date: Fri, 04 Sep 2009 19:48:52 -0700
To: admin@tommyfranks.com, boryshanskyj@sec.gov, lewism@sec.gov, schen@cgsh.com,
lliman@cgsh.com, grundfest@stanford.edu, "ATTENTION: THOMAS MAY"<ir@nstar.com>,
17043444100@efaxsend.com, <joyce.schilling@bankofamerica.com>, " Audit Committee:D Paul
Jones; Thomas J. May, Chair; Donald E Powell" <patrick.c.ryan@bankofamerica.com>, " Executive
Committee Kenneth D Lewis, Charles K Gifford, Walter E Massey
Chair"<joyce.schilling@bankofamerica.com>, " Edward OKeefe, Neil A Cotty, Joe L Price"
<joyce.schilling@bankofamerica.com>
From: joseph zernik <jz12345@earthlink.net>
Subject: Demand for the "Legal Team of BAC' to produce by Monday, September 7, 2009, 5:00pm,
the "Restraining Order" that they informed General Tommy Frank about. Request for Prof Grundfest to
propose remedial action .
Bcc:
1) General Tommy Frank:

It was you who made that false statement, not the Legal Team of BAC. Please
retract your statement if you cannot produce the document.
You are yet to utter a word regarding integrity of operations at BAC. But then
again, you gave us a show and tell.
2) Attorneys for BAC:

I am forwarding this note to Attorneys for SEC and BAC, with a demand that
BAC Attorneys produce for General Franks, who was duped by them, the
"Restraining Order" by Monday, September 7, 2009, 5;00 pm.
3) BAC Officers and Directors:
Audit Committee
D. Paul Jones,
Thomas J. May, Chair
Donald E. Powell
C/O Corporate Secretary
Bank of America Corporation,
101 South Tryon Street,
NC1-002-29-01
Charlotte, NC 28255
"ATTENTION: THOMAS MAY"<ir@nstar.com>
Executive Committee
Kenneth D. Lewis
CEO/Chairman/President
Signer of SEC reports and certificates per Sarbanes Oxley Act (2002)
Charles K. Gifford,
Walter E. Massey, Chair
C/O Corporate Secretary
Bank of America Corporation,
101 South Tryon Street,
NC1-002-29-01
Charlotte, NC 28255
z Page 2/13 September 5, 2009
Edward OKeefe
General Counsel
Neil A. Cotty
Chief Accounting Officer
Signer of SEC reports
Joe L. Price
Chief Financial Officer
Signer of SEC reports and certificates per Sarbanes Oxley Act (2002)
By Fax and By Certified Mail
BANK OF AMERICA CORPORATION
Bank of America Corporate Center
100 North Tryon St
Charlotte, North Carolina 28255
Fax: 704.388.7342
joyce.schilling@bankofamerica.com
patrick.c.ryan@bankofamerica.com
PriceWaterhouse
Independent Auditors for BAC
214 N Tryon St, Ste 3600
.. Page 2/2 August 25, 2009
Charlotte, NC 28202-2366
Fax: (704) 344 4100
4) Attorneys for SEC:

In case BAC Attorneys fail to produce such valid effectual order, I demand that
SEC immediately initiate an investigation into alleged perversion of justice, and
other predicated acts, allegedly sufficient for indictment on RICO charges,
related only to this one fabrication -- now in its 3rd year, of the following
individuals:
1) ATT SANDOR SAMUELS, BAC
2) ATT TODD BOOCK, BAC
3) ATT SANFORD SHATZ, BAC
4) ATT JENNA MOLDAWSKY, BRYAN CAVE, LLP
5) ATT JOHN AMBERG, BRYAN CAVE, LLP
It is alleged that the five attorneys above conspired with others to use such
fabrications to obstruct and pervert justice, including, but not limited to two false
OSC contempts filed by Bryan Cave, LLP, and resulting transfers of moneys that
amounted to money laundering, and were transacted in relationship to such
fabricated OSC contempts with ATT DAVID PASTERNAK.
In case SEC refuses to take any regulatory action, I demand an explanation.
5) Prof Joseph Grundfest:

This exchange of messages provided good perspective on the strength of the
BAC Audit Committee's strongest presumable former independent members,
who have left by now - Tommy Franks, who, as we see was easily duped by the
BAC legal team, and Admiral Frueher, who remains silent.
This message exchange also demonstrated that in the U.S. 2009, there was and
there is no recourse for an individual against an allegedly racketeering
corporation like BAC or CFC at the Courts. Therefore, it must be deemed
essential for Equal Protection, and also for integrity of operations of the
corporations that Government Regulatory Agencies like SEC demonstrate
consistent and effective efforts to stop any racketeering by senior management
at the legal department, such as Sandor Samuels, to enforce the law, and to
protect individuals from criminality by corporations. Until the merger, Mr Samuels
was engaging in the alleged racketeering while holding direct reporting duty to
SEC.
The idea that a corporation could be engaging in honest accounting, while

engaging in criminality in the area of Human Rights, is entirely deluded.
Provisions of Sarbanes Oxley Act, (2002) were stipulated specifically to
eradicate such crooked logic. And there was nothing more demonstrative of the
fallacy of such logic, than the history of LA County in the past 2 decades.
Accordingly, the Basel Accords, as well, requires that a financial institution
comply with the law in all parts of the law, not only in accounting.
Based on this whole exchange, I also request that Prof Grundfest please provide
by Monday, 5:00 pm a brief opinion, by bullets only, if time does not permit more
than that, for public review by his peers:
a) Is BAC indeed a "highly regulated" entity?
b) Should SEC engage in enforcement when it becomes aware of credible

evidence of alleged perversion and obstruction of justice, over a period of two
years, including numerous predicated acts per RICO, by the legal department of
a large financial institution?
I am offering preliminary evidence in the records below under 5.b)
c) Same as b) with the added condition that the Legal Department in question
has a track record of some years, previously noted by the courts, of similar
conduct.
I am offering the evidence in the records below under 5, c):
d) How would he explain SEC's failure and refusal to enforce the law at the
Legal Department of BAC up to this date?
6) Independent Auditor
FYI
7) Basel Committee
FYI
8) Chinese Embassy, Washington DC

FYI
___________________________________________________
EVIDENCE FOR PROF GRUNDFEST USE:
5.b)
All indexed under: http://inproperinla.com/

• 00-00-00-us-dist-ct-tx-parsley-09-04-02-doc-256-0-NOTICE #1.pdf
• 00-00-00-us-dist-ct-tx-parsley-09-04-02-doc-256-notice1.pdf
• 00-00-00-us-dist-ct-tx-parsley-09-04-15-doc-257-notice2.pdf
• 00-00-00-us-dist-ct-tx-parsley-09-05-08-doc-258-notice#3.pdf
• 00-00-00-us-dist-ct-tx-parsley-09-05-08-doc-259-1-notice#3-exh-a-1.pdf
• 00-00-00-us-dist-ct-tx-parsley-09-05-08-doc-260-00-notice#3-exh-b.pdf
5, c):
i. Case of Borrower Parsley (05-90374) U.S. Court, Southern District of TX,
http://inproperinla.com/08-03-05-coutnrywide-hon-jeff-bohm-us-judge-decision-rebuke-s.pdf
ii. Case of Borrower S D Hill (01-22574) U.S. Court, Western District of PA,
http://inproperinla.com/00-00-00-us-dist-ct-pits-hill-00-docket-09-06-03.pdf
http://inproperinla.com/00-00-00-us-dist-ct-pits-hill-07-12-20-transcript.pdf
http://inproperinla.com/07-12-27-countrywide-three-recreated-letters-filed-in-pittsburgh-pa-court.pdf
_______________________________________________________________
At 09:29 AM 9/4/2009, you wrote:
Sir. I have referred this the BAC legal team, who will deal with this.
Sent via BlackBerry by AT&T
From: joseph zernik

Date: Fri, 04 Sep 2009 08:54:45 -0700
To: <admin@tommyfranks.com>
Subject: Demand that General Tommy Franks provide the
documentation within 48 hours for his statement about a Restraining
Order, or retract it as false.
September 4, 2009
General Tommy Franks:
Getting back to your last statement: Whether it was you, or an employee

on your behalf, let me repeat my demand that you produce a copy of a
valid, effectual Restraining Order within 48 hours, or retract your false
statement. And let me add to it also the demand that you produce a valid
Dismissal Order of a Complaint, or retract that statement as well.
Otherwise, it appeared that you entirely forgot that the focus of the Audit
Committee was on the integrity of operations. Could you please make
any statement whatsoever, on that aspect of Bank of America
Corporation operations?
Could you, for example explain who provided you with the false
information that you repeated yesterday?
Finally - could you provide any reason why the Audit Committee failed to
review complaints?
Sarbanes Oxley Act (2002) says that the Audit Committee had to do so
pursuant to set procedures.
Did you ever have any such procedures?
Did you ever review any complaints?
What was the reason you never reviewed my complaints?
Even without my complaints, there was sufficient public evidence of

routine alleged wrongdoing of the Legal Department of Countrywide in
the courtrooms across the U.S. [1] [2] It lead the Honorable Jeff Bohm,
Houston Texas to state in March 2008, that Countrywide Legal
Department and their outside counsel:"have shown a disregard for the
professional and ethical obligations of the legal profession and
judicial system." [2]
Did BAC ever try to enforce compliance at the Legal Department headed by Sandor
Samuels?
I hope that you could make some statement regarding Integrity of Operations at
Countrywide and Bank of America Corporation under your watch, that would regenerate
some credibility.
Joseph Zernik
CC:
1) Admiral Joseph Frueher - Hoping that he could make any statement regarding
integrity of operations at BAC and CFC under his watch, to assist the General.
2) Attorneys for BAC - Hoping that they could explain the fabrication of the Restraining
Order, and who originated it.
3) Attorney for SEC - Hoping that they could shed some light on any enforcement efforts
in view of public information of wrongdoing by the Legal Department of Countrywide.
4) Basel Committee - As support for a request for observers delegation.
5) Chinese Embassy to the U.S. - As evidence of non-effective U.S. Banking
Regulation, that still has not changed a bit.
[1] Borrower Sharon Dianne Hill, Pittsburgh, PA (01-22574)

[2] Borrower William Alan Parsley, Houston, TX (4-05-bk-90374)
______________________________________________________________________
Date: Thu, 03 Sep 2009 20:19:46 -0700

To: admin@tommyfranks.com
Subject: Re: Request for a public written statement, as a "Farewell
Address" by General Tommy Franks, upon departure from the BAC
Audit Committee
September 3, 2009
Dear Sir/Madam:
Please disclose your name, and also - Did General Tommy Frank
really authorize you to state all that you are stating?
Your statement below is false and deliberately misleading. And to
the degree that you represent that you are speaking on General
Tommy Franks' behalf, I demand that you either retract such false
statement, as appears below, or else produce that Restraining Order
that you just mentioned within the next 48 hours.
Finally - it is my understanding that General Franks is no longer a

Director, so what does it have to do with it?
Joseph Zenrik.
__________________________________________________________________
Date: Thu, 03 Sep 2009 20:13:40 -0700

To: admin@tommyfranks.com
Subject: Re: request
Sir/Madam:
Thank you again for the quick response. Your statement is

somewhat lacking. You are not identified by name, or for that matter
by position, or by authority to make a statement such as the one
below on behalf of General Franks. If General Tommy Franks could
just date and sign the statement that you wrote below, which would
take no more than a few seconds of his time, that would be perfectly
fine. However, as you stated yourself in a previous message, so far,
he was not inclined to state anything in writing.
Otherwise, regarding the statement below: I wonder specifically if it

could extended to include something along the lines of "...including
the conduct described in NY Attorney General Andrew Cuomo's
April 23, 2009 letter to U.S. Senate". For your convenience, I again
linked the letter below.
As a U.S. resident, a tax payer, and a Bank of America Corporation

share-holder, and a citizen, I hope that General Tommy Franks
would not duck down on this one.
Joseph Zernik
Andrew Cuomo, NY Attorney General letter to U.S. Senate:

http://inproperinla.com/09-04-23-text-of-cuomo-letter-on-merrill-
lynch-takeover-marketwatch.pdf
_______________________________________________________________
At 07:17 PM 9/3/2009, you wrote:
Sir. Understand BAC has a restraining order against you, which

prohibits you from contacting anyone at Bank of America, including
its directors. Your complaints have been dismissed by the courts. So
pls do not contact Gen Franks again regarding BAC business.
From: joseph zernik

Date: Thu, 03 Sep 2009 14:54:41 -0700
To: <admin@tommyfranks.com>
Subject: Request for a public written statement, as a "Farewell Address" by General Tommy Franks,
upon departure from the BAC Audit Committee
September 3, 2009
Sir/Madam:
Thank you for your quick response. Your response demonstrated the exact reason for my request. I
am a member of the public at large, in addition, I am also a share holder at Bank of America
Corporation. I am no attorney to define the exact extant of General Franks' duties. However, it seems
to me that events took place under his watch, which should have been reviewed by the Audit
Committee and publicly reported to both investors and the public at large. Refusing to make any
statement at all, in a matter the holds substantial risks to both share-holders and the public at large, is
inconsistent with his duties.
However, I was approaching General Franks not from a legal perspective, but as a retired general,
who served this country for many years. The case bears substantial risk to the U.S. economy and to
stability of world financial markets. I was calling upon him, and also upon Admiral Joseph Frueher to
make such statements in the spirit of Dwight D Eisenhower - as an important service to their country.
I hope that you would be able to reach General Tommy Frank, and that he would be able to make
even the shortest statement on the record relative to what his perspective is relative to compliance,
effective regulatory actions, and integrity of operations, as he saw them during his tenure on the Bank
of America Audit Committee. Refusal to make any statement at all may be seen by the public at large
as "taking the Fifth" - as used in lay person's language.
The timing is critical, given the pending court proceedings.
Joseph Zernik
_____________________________________________________
At 12:36 PM 9/3/2009, you wrote:
Sir. Thanks for your note to Gen Franks. I will review this with him,
but know he will not be able to, or be inclined to write such a letter.
He has not responded to, or publicly commented to anyone
regarding his time with BAC. Additionally, he travelling until 12 Sept.
Thanks.

______________________________________________________________________
-----Original Message-----
From: jz12345@earthlink.net
Date: Thu, 03 Sep 2009 11:05:15

To: <contact@tommyfranks.com>
Subject: tommyfranks.com Contact Form Submission
Thursday 09/3/2009
E-Mail Message
From: Joseph Zernik

Email: jz12345@earthlink.net
Address: PO Box 526

Address2:
City: La Verne
State: CA
ZipCode: 91750
Country: USA
Phone:
Fax: 801 998 0917
Message:
TO: General Tommy Franks
FROM: Joseph Zernik
RE: Request for a public written statement, as a "Farewell Address" by Admiral Joseph
W Frueher, upon departure from the BAC Audit Committee
Copied below is my request, addressed to Stanford Law faculty, for peer-review of an

Affidavit (Dkt #10) provided by Prof Joseph Grundfest in proceedings of SEC v BAC
(1:09-cv-06829), at the U.S. District Court, Manhattan. Links, provided at the footnotes of
that message, are to the Affidavit record itself, and separately - to a September 2, 2009
letter addressed to Prof Grundfest and counsel for SEC and BAC in the proceedings in
question, requesting that the Affidavit be either re-written or altogether withdrawn.
I likewise request that you, and a separate request is forwarded to Admiral Joseph
Frueher, provide a public written statement - a "Farewell Address" - as culmination of
your duties, upon departure from the BAC Audit Committee. [1]
The recent changes in the roster of the BAC Audit Committee, were only one indicator of
the transformation of BAC during the period that the two of you served on the Audit
Committee, with the mergers with Countrywide Financial Corporation ( CFC) and with
Merrill Lynch as the hallmarks. Regarding the former merger - BAC was granted a waiver
on deposit limits, and your input is requested as to the prudence of such waiver from
national security perspective. Regarding the latter merger, NY Attorney General Andrew
Cuomo wrote the April 23, 2009 letter to the U.S. Senate, [2] which led to calls in media
for criminal indictments of both BAC and U.S. officers, including Ben Bernanke - Chair of
the FRB, and Kenneth Lewis - Chair of BAC. Matters were described in such letter that
would have required review by the BAC Audit Committee, and separately - by U.S.
regulatory agencies.
There is no public evidence of any such review by regulatory agencies. Likewise, in my

September 2, 2009 letter, I reference complaints filed with SEC, FBI, and other regulatory
agencies, starting January 2007 - of credibly evidenced material violations of the law by
officers holding direct reporting duties at Countrywide Financial Corporation (CFC), now a
subsidiary of BAC. All such agencies refused to investigate the complaints. There is no
evidence that BAC attempted to enforce compliance at its CFC subsidiary. On the
contrary, the evidence shows that BAC after the merger knowingly allowed conduct that
would be deemed in violation of the law to proceed.
In contrast, the Affidavit (Dkt #10) stated that BAC was a "highly regulated" financial
institution.
Concerns are that such affidavit, and the approval of a Proposed Settlement before the
Court in the proceedings of SEC v BAC, would convey the impression of effective
regulation of BAC, that could be relied upon by the U.S. and world financial markets to
avoid unreasonable risks.
I would be grateful for your response in this matter, no later than Tuesday, September 8,
2009, 5:00 pm, so that I may incorporate it in my letter to the Honorable Jed Rakoff, U.S.
Judge.
No doubt, you realize that the matter pertains to the long-term peace and welfare of the
U.S. no less than any military or naval endeavor.
Joseph Zernik
_______________________________________
[1] Such Farewell Address is requested in explicit reference to the January 17, 1961
General Dwight D Eisenhower Farewell Address upon leaving the office of U.S.
President.
http://inproperinla.com/00-00-01-61-01-17_dwight_d_eisenhower_farewell_address-s.pdf
[2] April 23, 2009 letter to U.S. Senate by NY Attorney General Andrew Cuomo
http://inproperinla.com/09-04-23-text-of-cuomo-letter-on-merrill-lynch-takeover-marketwatch.pdf
_____________________________________________
Date: Wed, 02 Sep 2009 21:59:55 -0700

To: [Stanford faculty list - redacted, JHZ]
Subject: Request for peer review of Affidavit (Dkt #10) by Prof Joseph Grundfest
in SEC v BAC (1:09-cv-06829)
To: Stanford Law School Faculty, and faculty of other law schools.
From: Joseph Zernik
RE: Affidavit (Dkt #10) by Prof. Joseph Grundfest, Stanford Law School, in SEC v
BAC (1:09-cv-06829)
Links are provided below for the Affidavit referenced above [1], and for a letter I
wrote today to Prof Grundfest and to Counsel for SEC and BAC, requesting a re-
write or a withdrawal of the affidavit. [2] As his peers, I request your help in
assessing the integrity, including, but not limited to Academic Integrity, of the
Affidavit. Included in such request is the request for assessment of the integrity of
filing such paper in proceedings where there is no publicly visible summons and
no publicly visible Assignment to a Judge, and with no party filer appearing on the
face of the paper.
Needless to say, the proceedings in SEC V BAC pertain to matters that are
critical for the economic future of the U.S.
I would be grateful for your response in this matter, no later than Tuesday,
September 8, 2009, 5:00pm, so that I may incorporate it in my letter to Honorable
Jed Rakoff, U.S. Judge.
Joseph Zernik
_____________________________________________________
[1] Affidavit of Prof Joseph Grundfest in SEC v BAC (1:09-cv-06829)

http://inproperinla.com/00-00-00-us-dist-ct-ny-sec-v-bac-09-08-24-doc-10-affidavit-joseph-grundfest.pdf
[2] September 2, 2009 Letter to Prof Grundfest, counsel for SEC and BAC,
requesting re-write or withdrawal of the Affidavit
http://inproperinla.com/09-09-02-zernik-to-counsel-sec-v-bac-grundfest-re-affidavit-s.pdf
Please support our petition:

CALLING UPON PRESIDENT OBAMA -

FREE THE 10,000 RAMPART-FIPs, FREE ATTORNEY RICHARD I FINE
http://www.thepetitionsite.com/1/restore-justice-in-l-a
References
1) Best short review of the Rampart scandal massive probe (1998-2000, 200 investigators), on how
the Rampart-FIPs where falsely convicted and falsely sentenced - by renowned constitutional
scholar, Founding Dean of Univ of Cal Irvine Law School, Prof Erwin Chemerinsky -paper from
Guild Practitioner
http://inproperinla.com/00-00-00-rampart-reports-00-09-01-chemerinsky-
57_guild_prac_121_2000.pdf
2) Best reference on why the Rampart-FIPs are still imprisoned - by an official panel of experts,
commissioned by the LAPD itself, led by civil rights activist, Att Connie Rice - LAPD Blue Ribbon
Report (2006)
http://inproperinla.com/00-00-00-rampart-blue-ribbon-review-panel-2006-report.pdf
3) One reference for our low, conservative estimate of 10,000, compared to an estimate of 8,000 by
the LA District Attorney office, 15,000 by criminal defense attorneys, and 30,000 by others - PBS
Frontline (2001, updated 2005) http://inproperinla.com/00-00-00-
rampart-first-trial-01-05-01-pbs-frontline_rampart-false-imprisonments-s.pdf
4) Full Disclosure Network video of a phone call request for assistance by Att Richard I Fine from
jail
http://inproperinla.blogspot.com/
Joseph Zernik, DMD PhD <jz12345@earthlink.net>, Fax: (801) 998-0917; Cell: 310 435 9107, No
voice mail; IM, Page- OK, No ID- No response

09-09-04 Correspondence With General Tommy Franks - Former Member of Bank of America Audit Committee IN RE: Integrity, or Lack Thereof, in Operation at BAC S

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09-09-04 Correspondence With General Tommy Franks - Former Member of Bank of America Audit Committee IN RE: Integrity, or Lack Thereof, in Operation at BAC S

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Digitally signed by

Joseph Zernik DMD PhD

1) General Tommy Frank:

2) Attorneys for BAC:

3) BAC Officers and Directors:

4) Attorneys for SEC:

5) Prof Joseph Grundfest:

The idea that a corporation could be engaging in honest accounting, while

a) Is BAC indeed a "highly regulated" entity?

b) Should SEC engage in enforcement when it becomes aware of credible

8) Chinese Embassy, Washington DC

EVIDENCE FOR PROF GRUNDFEST USE:

All indexed under: http://inproperinla.com/

Sent via BlackBerry by AT&T

From: joseph zernik

General Tommy Franks:

Getting back to your last statement: Whether it was you, or an employee

Even without my complaints, there was sufficient public evidence of

[1] Borrower Sharon Dianne Hill, Pittsburgh, PA (01-22574)

Date: Thu, 03 Sep 2009 20:19:46 -0700

Finally - it is my understanding that General Franks is no longer a

Date: Thu, 03 Sep 2009 20:13:40 -0700

Thank you again for the quick response. Your statement is

Otherwise, regarding the statement below: I wonder specifically if it

As a U.S. resident, a tax payer, and a Bank of America Corporation

Andrew Cuomo, NY Attorney General letter to U.S. Senate:

At 07:17 PM 9/3/2009, you wrote:

Sir. Understand BAC has a restraining order against you, which

Sent via BlackBerry by AT&T

From: joseph zernik

The timing is critical, given the pending court proceedings.

Sent via BlackBerry by AT&T

Date: Thu, 03 Sep 2009 11:05:15

From: Joseph Zernik

Address: PO Box 526

TO: General Tommy Franks

FROM: Joseph Zernik

Copied below is my request, addressed to Stanford Law faculty, for peer-review of an

There is no public evidence of any such review by regulatory agencies. Likewise, in my

Date: Wed, 02 Sep 2009 21:59:55 -0700

From: Joseph Zernik

[1] Affidavit of Prof Joseph Grundfest in SEC v BAC (1:09-cv-06829)

Please support our petition:

CALLING UPON PRESIDENT OBAMA -

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