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10-07-06 Complaint Filed with US Attorney Office, Los Angeles, Against Brian Moynihan, Bank of America (NYSE:BAC), Bryan Cave LLP, Alleging Racketeering and Large Scale Financial Institution Fraud s

10-07-06 Complaint Filed with US Attorney Office, Los Angeles, Against Brian Moynihan, Bank of America (NYSE:BAC), Bryan Cave LLP, Alleging Racketeering and Large Scale Financial Institution Fraud s

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Executive Summary

Complaint was filed July 6, 2010, with the US Attorney Office, Central District of California, against Brian Moynihan – President/CEO, Sandor Samuels – Associate General Counsel, Bank of America Corporation, and Attorneys Jenna Moldawsky and John Amberg alleging:

(a) Public Corruption and Financial Institution Fraud relative to their conduct in Samaan v Zernik (SC087400) at the Superior Court of California, County of Los Angeles pursuant to various acts, including, but not limited to the Fraud Enforcement and Recovery Act (2009);

(b) Large-scale fraud on the US government and the US taxpayer in funding government-backed uniform (sub-prime) residential loan applications with no underwriting at all in violation of Regulation B of the Federal Reserve and “sound banking principles” as evidenced in records produced in the same caption;

(c) Consequent violations of Qui Tam – False Claims Act – in seeking hundreds of billions of dollars in bailout funds from the US government for the large-scale default of such loans, which were funded in violation of the law, and

(d) Large-scale securities fraud pursuant to the Securities Exchange Act (1934) and Sarbanes Oxley Act (2002), relative to false certification signed starting January 1, 2010 by Brian Moynihan as President/CEO of Bank of America Corporation in periodic reports to the Securities and Exchange Commission, failure to report fraud by corporate counsel and by management to the Audit Committee, and refusal to allow review complaints by the Audit Committee.

Combined, their conduct is alleged as involving numerous predicated acts in the past three years, and satisfying the elements required for prosecution for racketeering pursuant to RICO – the Racketeer Influenced and Corrupt Organization Act (1970).

The July 6, 2010 complaint relied in part on previous complaints:

(a) June 11, 2010 complaint against Brian Moynihan and Bank of America Corporation, filed with the Office of Comptroller of the Currency and the Securities and Exchange Commission;

(b) June 21, 2010 complaint, filed with the US Attorney Office, Central District of California against Attorney David Pasternak, former President of the Los Angeles Bar Association, alleging public corruption and deprivation of rights under the color of law relative to real estate fraud under the caption referenced above, as opined by one of the best known fraud experts in the US and FBI agent assigned to the case, and

(c) May 11, 2010 complaint, filed with FBI against Nivie Samaan and others for real estate fraud and other violations of the law.

US banking regulators and the US Justice Department repeatedly promised the US Congress, the people of the US, and the international community to investigate any criminality that may have caused the current economic crisis, inflicting harm on workers and investors world-wide. The case at hand documents in great detail such alleged criminality. Therefore, the US Attorney, Central District of California, was called upon to perform his duties and provide equal protection to complainant Dr Joseph Zernik, to shareholders of Bank of America Corporation, and to all who reside in the United States pursuant to the US Constitution and ratified international law – the Universal Declaration of Human Rights.

Conduct documented in the July 6. 2010 complaint was not unique at all, only its scale and the evidence of involvement of senior management were. Examples were provided of similar conduct in other cases. It also documented the central role of alleged widespread corruption of the legal profession in undermining US financial systems and corporate governance, and failure of US law enforcement and the courts to enforce provisions of the Sarbanes Oxley Act (2002), which were specifically enacted to address such conduct by counsel. The continued dysfunctional state of US banking regulation poses risks to the US economy that are difficult to assess
Executive Summary

Complaint was filed July 6, 2010, with the US Attorney Office, Central District of California, against Brian Moynihan – President/CEO, Sandor Samuels – Associate General Counsel, Bank of America Corporation, and Attorneys Jenna Moldawsky and John Amberg alleging:

(a) Public Corruption and Financial Institution Fraud relative to their conduct in Samaan v Zernik (SC087400) at the Superior Court of California, County of Los Angeles pursuant to various acts, including, but not limited to the Fraud Enforcement and Recovery Act (2009);

(b) Large-scale fraud on the US government and the US taxpayer in funding government-backed uniform (sub-prime) residential loan applications with no underwriting at all in violation of Regulation B of the Federal Reserve and “sound banking principles” as evidenced in records produced in the same caption;

(c) Consequent violations of Qui Tam – False Claims Act – in seeking hundreds of billions of dollars in bailout funds from the US government for the large-scale default of such loans, which were funded in violation of the law, and

(d) Large-scale securities fraud pursuant to the Securities Exchange Act (1934) and Sarbanes Oxley Act (2002), relative to false certification signed starting January 1, 2010 by Brian Moynihan as President/CEO of Bank of America Corporation in periodic reports to the Securities and Exchange Commission, failure to report fraud by corporate counsel and by management to the Audit Committee, and refusal to allow review complaints by the Audit Committee.

Combined, their conduct is alleged as involving numerous predicated acts in the past three years, and satisfying the elements required for prosecution for racketeering pursuant to RICO – the Racketeer Influenced and Corrupt Organization Act (1970).

The July 6, 2010 complaint relied in part on previous complaints:

(a) June 11, 2010 complaint against Brian Moynihan and Bank of America Corporation, filed with the Office of Comptroller of the Currency and the Securities and Exchange Commission;

(b) June 21, 2010 complaint, filed with the US Attorney Office, Central District of California against Attorney David Pasternak, former President of the Los Angeles Bar Association, alleging public corruption and deprivation of rights under the color of law relative to real estate fraud under the caption referenced above, as opined by one of the best known fraud experts in the US and FBI agent assigned to the case, and

(c) May 11, 2010 complaint, filed with FBI against Nivie Samaan and others for real estate fraud and other violations of the law.

US banking regulators and the US Justice Department repeatedly promised the US Congress, the people of the US, and the international community to investigate any criminality that may have caused the current economic crisis, inflicting harm on workers and investors world-wide. The case at hand documents in great detail such alleged criminality. Therefore, the US Attorney, Central District of California, was called upon to perform his duties and provide equal protection to complainant Dr Joseph Zernik, to shareholders of Bank of America Corporation, and to all who reside in the United States pursuant to the US Constitution and ratified international law – the Universal Declaration of Human Rights.

Conduct documented in the July 6. 2010 complaint was not unique at all, only its scale and the evidence of involvement of senior management were. Examples were provided of similar conduct in other cases. It also documented the central role of alleged widespread corruption of the legal profession in undermining US financial systems and corporate governance, and failure of US law enforcement and the courts to enforce provisions of the Sarbanes Oxley Act (2002), which were specifically enacted to address such conduct by counsel. The continued dysfunctional state of US banking regulation poses risks to the US economy that are difficult to assess

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Categories:Business/Law, Finance
Published by: Human Rights Alert, NGO on Jul 06, 2010
Copyright:Attribution Non-commercial

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12/19/2011

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Human Rights Alert 
PO Box 526, La Verne, CA 91750Fax: 323.488.9697; Email: jz12345@earthlink.net
 
Blog:
http://human-rights-alert.blogspot.com/ 
 Scribd: 
http://www.scribd.com/Human_Rights_Alert
 
10-07-06 Complaint against Brian Moynihan, Bank of America, and Attorneys Jenna Moldawsky and JohnAmberg - for public corruption and financial institution fraud, relative to their conduct in Samaan vZernik (SC087400) at the Superior Court of California, County of Los Angeles.
Andre Birotte Jr., US Attorney, Central District of California.221 N Figueroa St, Los Angeles, CA 90012By certified mail, by fax: 213-894-6269, 213-894-0141
 
TO US ATTORNEY, CENTRAL DISTRICT OF CALIFORNIA: Please accept instant Citizen’sComplaint against Brian Moynihan, Sandor Samuels, Bank of America Corporation, and Attorneys JennaMoldawsky and John Amberg for alleged criminal conduct detailed below.
 
Executive Summary
Complaint was filed July 6, 2010, with the US Attorney Office, Central District of California, against Brian Moynihan – President/CEO,Sandor Samuels – Associate General Counsel, Bank of America Corporation, and Attorneys Jenna Moldawsky and John Ambergalleging:(a)
Public Corruption 
and
Financial Institution Fraud 
relative to their conduct in
Samaan v Zernik 
(SC087400) at the Superior Court ofCalifornia, County of Los Angeles pursuant to various acts, including, but not limited to the
Fraud Enforcement and Recovery Act (2009)
;(b) Large-scale fraud on the US government and the US taxpayer in funding government-backed uniform (sub-prime) residential loanapplications with no underwriting at all in violation of
Regulation B of the Federal Reserve 
and “sound banking principles” asevidenced in records produced in the same caption;(c) Consequent violations of
Qui Tam 
– 
False Claims Act – 
in seeking hundreds of billions of dollars in bailout funds from the USgovernment for the large-scale default of such loans, which were funded in violation of the law, and(d) Large-scale securities fraud pursuant to the
Securities Exchange Act (1934)
and
Sarbanes Oxley Act 
 
(2002),
relative to falsecertification signed starting January 1, 2010 by Brian Moynihan as President/CEO of Bank of America Corporation in periodicreports to the Securities and Exchange Commission, failure to report fraud by corporate counsel and by management to the AuditCommittee, and refusal to allow review complaints by the Audit Committee.Combined, their conduct is alleged as involving numerous predicated acts in the past three years, and satisfying the elements requiredfor prosecution for racketeering pursuant to RICO – the
Racketeer Influenced and Corrupt Organization Act (1970).
 The July 6, 2010 complaint relied in part on previous complaints:(a) June 11, 2010 complaint against Brian Moynihan and Bank of America Corporation, filed with the Office of Comptroller of theCurrency and the Securities and Exchange Commission;(b) June 21, 2010 complaint, filed with the US Attorney Office, Central District of California against Attorney David Pasternak, formerPresident of the Los Angeles Bar Association, alleging public corruption and deprivation of rights under the color of law relative toreal estate fraud under the caption referenced above, as opined by one of the best known fraud experts in the US and FBI agentassigned to the case, and(c) May 11, 2010 complaint, filed with FBI against Nivie Samaan and others for real estate fraud and other violations of the law.US banking regulators and the US Justice Department repeatedly promised the US Congress, the people of the US, and theinternational community to investigate any criminality that may have caused the current economic crisis, inflicting harm on workers andinvestors world-wide. The case at hand documents in great detail such alleged criminality. Therefore, the US Attorney, Central Districtof California, was called upon to perform his duties and provide equal protection to complainant Dr Joseph Zernik, to shareholders ofBank of America Corporation, and to all who reside in the United States pursuant to the
US Constitution 
and ratified international law – the
Universal Declaration of Human Rights.
 Conduct documented in the July 6. 2010 complaint was not unique at all, only its scale and the evidence of involvement of seniormanagement were. Examples were provided of similar conduct in other cases. It also documented the central role of allegedwidespread corruption of the legal profession in undermining US financial systems
and corporate governance
, and failure of USlaw enforcement and the courts to enforce provisions of the
Sarbanes Oxley Act (2002),
which were specifically enacted to addresssuch conduct by counsel. The continued dysfunctional state of US banking regulation poses risks to the US economy that are difficultto assess.
Digitally signedby Joseph Zernik DN: cn=Joseph
 
Zernik, o, ou,email=jz12345@earthlink.net, c=USDate: 2010.07.0620:21:33 +03'00'
 
Page 2/9 July 6, 2010
1. Complainants
Joseph Zernik, PhD, resident of Los Angeles County, CaliforniaMailing Address: PO Box 526, La Verne, California 91750Tel: 323-515-4583Fax: (preferred) 323-488-9697Email: (preferred) jz12345@earthlink.net 
2. Accused:a) Brian Moynihan, President
Bank of America Corporation101 South Tryon StreetCharlotte, NC 28255Tel 704-386-6834Fax 704-602-5785
b) Sandor Samuels, Associate General Counsel
Bank of America Corporation101 South Tryon StreetCharlotte, NC 28255Tel 704-386-6834Fax 704-602-5785
c) Bank of America Corporation
101 South Tryon StreetCharlotte, NC 28255Tel 704-386-6834Fax 704-602-5785
d) Attorney Jenna Moldawsky
Bryan Cave, LLP120 Broadway, Suite 300Santa Monica, CA 90401-2386Tel (3101 576-2100Fax (3101 576-2200
e) Attorney John Amberg
Bryan Cave, LLP120 Broadway, Suite 300Santa Monica, CA 90401-2386Tel (3101 576-2100Fax (3101 576-2200
3. Complainant is NOT an Attorney
Complainant is not attorneys, and is not represented by attorney in any of the matters described ininstant complaint either. For such reason, in most case, no section of the code was cited. The USAttorney is requested to apply the correct sections of the code. In case errors were made, where sectionsof the code were mentioned, the US Attorney is requested to disregard such mention, and instead,consider the facts themselves and apply the correct sections of the code, as he deems fit.
 
Page 3/9 July 6, 2010
4. General Claims:
It is alleged that conduct of the accused amounted to:
a) Public Corruptionb) Fraud,,c) Financial Institution Fraud,d) Securities Fraud e) Wire Fraud, f) Honest Services Fraud,g) Extortion,h) Conspiracy,i) Obstruction of Justice, j) Retaliating against a witness, victim, or an informant,k) Tampering with a witness, victim, or an informant,l) Mail Fraud,m) Money Laundering,n) Monetary Transactions in Property Derived from Prohibited Conduct,o) False Claims Act (qui tam) Violations, and  p) Racketeering.
5. Brief Chronology
a) Starting in September 2004 Countrywide Financial Corporation in collusion with Nivie Samaan andothers initiated real estate against Dr Zernik and mortgage fraud against Dr Zernik and against the USgovernment, relative to funding of sub-prime Uniform Residential Loan Applications of Nivie Samaan, asdetailed in the March 6, 2010, May 21 and June 11. 2010, complaints filed with FBI in this matter, linkedbelow.
i
,
ii
,
iii
 b) Such alleged fraud and extortion continues to this date under Bank of America Corporation’s control.c) Starting August 2006, Countrywide produced in response to legal subpoenas hundreds of banking recordsalleged as fraud, some of them since then opined as fraud by fraud experts, as documented in the
June 11,2010 complaint against Brian Moynihan and Bank of America Corporation, filed with the Office of Comptroller of the Currency and the Securities and Exchange Commission.
iv
 d) By January 2007, Dr Zernik deciphered many of the multiple levels of fraud involved in the case, andfiled complaint with FBI, detailing a large-scale fraud in the funding of sub-prime Uniform ResidentialLoan Applications (1003) by Countrywide Financial Corporation with no underwriting at all.e) In his January 2007 FBI complaint Dr Zernik described in detail a critical element of such fraud - routinealleged wire/fax fraud, which circumvented Countrywide’s fax servers and violated Countrywide’s ownpolicies and practices pertaining to the operation of fax machines. Such conduct allowed the retroactiveconstructions of loan files – albeit – with no authentication at all – in violation of UETA – the
Uniform Electronic Transactions Act 
, particularly at the wholesale, sub-prime division – Countrywide HomeLoans, Inc.f) Already in his January 2007 FBI complaint Dr Zernik detailed a large scale financial institution fraudagainst the US government and the US taxpayer, and correctly predicted the liability to the USgovernment by conduct of Countrywide Financial Corporation at hundreds of billions of dollars.g) Starting June 2007, still under control of Countrywide Financial Corporation, Attorneys JennaMoldawsky and John Amberg, under the direction of the Chief Legal Counsel of Countrywide SandorSamuels, appeared in court in the caption of 
Samaan v Zernik 
(SC087400) under the false partydesignation of “Non Party”.h) Such appearances were conducted while Jenna Moldawsky and John Amberg were not authorized asCounsel of Record for Countrywide Financial Corporation, as documented in court records referenced in

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