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by Joseph Zernik
Joseph Zernik, PhD DN: cn=Joseph
Zernik, o, ou,
PO Box 526, La Verne, CA 91750; email=jz12345@e
arthlink.net, c=US
Fax: 323.488.9697; Email: jz12345@earthlink.net Date: 2010.05.29
01:50:32 +03'00'
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Human_Rights_Alert

10-05-28 Complaint Alleging Racketeering by Bank of America and Brian Moynihan Pending
Before Office of Comptroller of the Currency.

Date: Sat, 29 May 2010 01:05:42 +0300

To: "John Dugan Comptroller of the Currency" <john.dugan@occ.treas.gov>,
kevin.bailey@occ.treas.gov
From: joseph zernik <jz12345@earthlink.net>
Subject: Request for a valid, verified response from OCC on Case #01070442 against Bank of America

May 28, 2010

John Dugan
Comptroller of the Currency
Kevin Bailey
Deputy Comptroller
By email

RE: Request for a valid, verified response from OCC on Case #01070442 against Bank
of America

Dear Comptroller Dugan and Deputy Comptroller Bailey:

In complaint against Bank of America, #01070442, conduct was alleged by Bank of America
and its President - Brian Moynihan, which amounted to racketeering. For over two and a half
years Bank of America and Countrywide before it employed illicit court appearances by false
counsel, who was not counsel of records. It was a repeat of a routine which was rebuked by
the Hon Jeff Bohm, US Bankruptcy Judge in Houston Texas, in his March 5, 2008
Memorandum Opinion. [1] Countrywide made promises to Judge Bohm not engage in such
fraud in the courtrooms any longer.

Regardless, Bank of America continues the practice to this date at the Superior Court of
California, County of Los Angeles, through appearances of false counsel under the false party
designation of "NON PARTY" under caption of Samaan v Zernik (SC087400). Such
appearances in the past two and a half years were alleged as part of obstruction and extortion.
[2] Such conduct is also incompatible with the stated Outside Counsel Procedures of Bank of
America. [3]

Of particular concern is the fact that whereas such practices were halted under the tenure of
Timothy Mayopoulos as General Counsel of Bank of America, they were resumed within 24
hours after the December 10, 2008 ouster of Mr Mayopoulos and the appointment of Brian
Moynihan to replace him as General Counsel.

Following long delays in response by the Office of the Comptroller of the Currency on Case
#01070442, assistance was requested by the Hon Dianne Feinstein, Senator from California.

Page 2/2 May 29, 2010

Through the good offices of the Senator, a May 10, 2010 letter was finally obtained from the
Comptroller of the Currency, which was purported to be a response on Case #01070442. [4]

Upon review, such response appeared invalid and false on its face, as detailed in the May 28,
2010 letter to the office of the Senator. [5]

Therefore, the help of the good offices of Senator Feinstein was again sought in obtaining a
valid, verified response from the Comptroller of the Currency on the complaint against Bank
of America and Brian Moynihan, Case #01070442. [5]

Your attention to this matter is requested, in hope that an honest, valid response is expediently
obtained from the Comptroller of the Currency on Case #01070442 against Bank of America
and its President - Brian Moynihan, where conduct that amounted to racketeering was alleged.

Truly,

Joseph Zernik, PhD

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CC:
1) Office of the Comptroller of the Currency, Customer Assistance Group
2) House and Senate Banking Committees
3) Mary L Schapiro - SEC Chair
4) Basel Accords Committee on International Banking

LINKS:
[1] March 5, 2008 Memorandum Opinion by Judge Jeff Bohm - rebuking litigation practices
of Countrywide.
http://www.scribd.com/doc/25001966/
[2] May 5, 2010 Countrywide, Bank of America and its President Brian Moynihan -
Compilation of Records - Evidence of Racketeering
http://www.scribd.com/doc/30975368/
[3] December 11, 2008 Bank of America Outside Counsel Procedures
http://www.scribd.com/doc/27932516/
[4] May 10, 2010 letter by Office of the Comptroller of the Currency, purported as response
on Case #01070442
http://www.scribd.com/doc/32133208/
[5] May 28, 2010 Request filed with Senator Feinstein for help in obtaining a valid, verified
response from Comptroller of the Currency on Case #01070442 against Bank of America.
http://www.scribd.com/doc/32135449/