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Dr ZDr ZDr ZDr Z
Joseph Zernik, PhDPO Box 526, La Verne, CA 91750;Fax: 323.488.9697; Email: jz12345@earthlink.net
 
Blog:http://inproperinla.blogspot.com/ Scribd: 
http://www.scribd.com/Human_Rights_Alert
 
10-06-010 Complaint filed with the Securities and Exchange Commission (SEC) andoffice of Comptroller of the Currency (OCC), in re: Compelling evidence of deceptive business practices, fraud and extortion in operations of Countrywide and Bank of  America (NYSE:BAC), directly involving President/CEO Brian Moynihan, violationof banking regulations and fraud in certifications pursuant to
 Sarbanes-Oxley Act 
 (2002)
“Our limited involvement in this matter was enOur limited involvement in this matter was enOur limited involvement in this matter was enOur limited involvement in this matter was entirely propertirely propertirely propertirely proper.”
Attorney Jenna Moldawsky, Bryan Cave, LLP, referring to her ownfraudulent, unauthorized, extortionist appearances in court on behalf of Countrywide. October 22, 2007(35)(35)(35)(35) 
EXECUTIVE SUMMARYEXECUTIVE SUMMARYEXECUTIVE SUMMARYEXECUTIVE SUMMARYInstant complaint is simultaneously filed with Office of the Comptroller of the Currency (OCC), the Securities and ExchangeCommission (SEC) and respective Committees of the US Congress by a fraud victim and shareholder of Bank of AmericaCorporation. The case at hand (2004-this date) originally involved merely real estate fraud, as opined by the highestreputation fraud experts. The initial fraud was small-scale fraud - at less than $2.0 millions. However, by 2010 – it involvesthe highest levels of management in Bank of America, US banking regulators, law enforcement, and inquiries by USCongress on such agencies. Moreover, evidence inherent in the case demonstrated the large-scale fraud on the UStaxpayer in disintegration of underwriting, “sound banking principles”, and both internal and external audit at Countrywide andBank of America. It provides unique insights into US financial infrastructure, banking regulation. The fraud was initiated in2004 by low-level Countrywide personnel: Convicted felon – Jae Arre LLOYD (formerly Timothy Lloyd Morrow) – doublingas Countrywide “Loan Originator”, and Maria MCLAURIN – San Rafael Branch Manager. By December 2006 Dr JosephZernik uncovered the fraud, and with it – documented the large-scale funding of government-backed uniform residential loanapplications (1003s) in Countrywide with no underwriting at all. In January 2007, the first complaint was filed with FBIalleging large-scale fraud on the US government and shareholders by Countrywide, and projecting losses in the hundreds of billions of dollars. Such predictions came true a year later – with Countrywide’s collapsed. By June 2007 direct involvementof Angelo MOZILO– then CEO, and Sandor SAMUELS – then Chief Legal Officer was documented. In response –Countrywide initiated in July 2007 a campaign of alleged harassment, intimidation, retaliation, and extortion throughemployment of a large law firm, which to this date falsely appears in court, under the false designation of “Non Party”. FromJuly 2008 to December 2008, Timothy MAYOPOULOS - then General Counsel halted such conduct after the takeover of Countrywide by Bank of America. However, Brian MOYNIHAN – today Bank of America President – resumed it immediatelyupon ouster of Mr MAYOPOULOS in December 2008. Direct involvement of Brian MOYNIHAN was further documentedstarting December 20, 2009. Moreover, starting January 2010, as President, Brian MOYNIHAN signed periodic SECreports certifying no fraud in Bank of America operations, as well as disclosures pursuant to
Basel II 
banking accords,
Pillar III 
. The pattern of conduct as a whole is alleged as fraud, deceptive business practices, and extortion. Additionally, violationsare alleged of 
Sarbanes Oxley Act 
(2002) relative to reporting requirements by corporate counsel, certifications by corporateofficers, and review of complaints by the Audit Committee. Additional allegations include fraud on shareholders, on bankingregulators, on US taxpayers, and on the international banking community. Furthermore, the published Bank of 
America Code of Ethics 
and
Outside Counsel Procedures 
are alleged as fraudulent representations. Most alarming – regardless of provisions enacted in the
Sarbanes Oxley Act 
(2002), the pattern of conduct of most senior corporate officers and theirrelationship with both inside and outside corporate counsel is alleged as the core of the violations, and therefore, reflects onvarious other past and ongoing actions against Bank of America. The case as a whole provides unique insights into USfinancial infrastructure, banking regulation, and law enforcement, and with it – prevailing risk levels during the currentprotracted banking crisis.
Digitally signedby Joseph Zernik DN: cn=Joseph
 
Zernik, o, ou,email=jz12345@earthlink.net, c=USDate: 2010.06.1120:00:20 +03'00'
 
Page 2/34 June 11, 2010TOC 
A. TABLE OF CONTENTS
 
……………………. 3C.Complaints Filed with SEC
 
……………………. 3D.Layperson’s Introduction ……………………. 3E.Specific Claims Against Bank Of America Corporation And Its President Brian Moynihan ……………………. 5
 
2
6
 F.Conclusions ……………………. 17G.Links To Records ……………………. 18
 1. Overviews  ……………………. 182.Detailed Reviews ……………………. 183.Records in Chronological Order ……………………. 19
 
Page 3/34 June 11, 2010TOC 
B. COMPLAINTS FILED WITH OFFICE OF THE COMPTROLLER OF THE CURRENCY (OCC)
 1.
September 29, 2009 - First complaint against Bank of America – OCC Case #00971981
Complaint (Case #00971981) was filed on with US Office of Comptroller of the Currency alleging fraud byCountrywide and later – Bank of America. The allegations pertained to ongoing false appearances of counsel onbehalf of Bank of America in the Los Angeles, California courts, under the false party designation of “NON PARTY”,in what was alleged as extortion under the guise of legal action. Furthermore, as part of such conduct Bank ofAmerica engaged in alleged money laundering and monetary transactions in property derived from prohibitedconduct.On January 8, 2010
,
Brian Moynihan - President/CEO provided a response to on the Case #00971981.
(95, 96)
 2.
February 3, 2010
-
Second - pending complaint against Bank of America - Case #01070442 -
The January 8,2010 response, together with additional evidence of Bryan Moynihan’s direct involvement in the fraud and extortionduring his tenure, starting December 10, 2008, as Bank of America General Counsel, was the basis for the secondcomplaint.
(101, 104, 106)
No response was ever received by Bank of America. Nevertheless, on May 10, 2010, theOffice of Comptroller of the Currency provided its response on this case to the Honorable Dianne Feinstein, Senatorfrom California.
(125)
The Comptroller’s response included a cover letter bearing Case #01070442 in the subjectline, but no response on the case itself. Request was consequently filed with Office of Comptroller of the Currencyfor an honest, valid response on Case #01070442.
(126, 127)
 3.
June 11, 2010 – Third - instant complaint against Bank of America – Case # to be assigned -
Further evidencewas more recently discovered, including, but not limited to alleged fraud and false certifications in periodic reports byBrian Moynihan – of no fraud in Bank of America operations.
C. COMPLAINTS FILED WITH SEC
Numerous complaints were filed with SEC starting 2007. Of particular notes are complaints filed directly with Mary LSchapiro starting January 2010.
(98, 105, 111)
Regardless, a reasonable person, upon review of the evidence is likelyto conclude that SEC never issued a complaint number on any of the complaints, and never investigated any of them atall. Moreover, correspondence with attorneys at SEC, where representations were made that all such complaints werelogged and archived, were followed by SEC refusal to disclose the dates and reference numbers of pervious complaintsby Dr Zernik. Such representations by attorneys for SEC are likely to be false representations at best.
(88)
 
D. LAYPERSON’S INTRODUCTION
Most honest persons are likely to have difficulty in understanding the range of convoluted schemes employed byCountrywide and Bank of America described in instant complaint. Therefore, a layperson’s introduction is providedbelow:1.
REAL ESTATE FRAUD -
Under
Samaan v Zernik 
Countrywide, and Bank of America after it, were key perpetratorsin a real estate fraud and banking fraud, which was opined by fraud experts second to none – James Wedick – 
(36)
FBI veteran, who was decorated by US Congress, FBI Director, and US Attorney General, and Robert Meister – renowned fraud expert. The case involved no foreclosure, no bankruptcy, and no default on mortgage of any kind.Regardless, Dr Zernik was forced to leave his home under illicit threat of force, the property was taken for privateuse. Fraud in conveyance of title was committed in December 2007, ~$1.8 millions were collected in the purportedsale of the property, but Dr Zernik was never compensated to this date in one penny for his residence.
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