Dr Z

Joseph Zernik, PhD

PO Box 526, La Verne, CA 91750; Digitally signed by Joseph H Zernik
DN: cn=Joseph H Zernik, o, ou,

Fax: 801 998-0917; Email: jz12345@earthlink.net email=jz12345@earthlink.net, c=US

Location: La Verne, California
Date: 2010.01.06 00:45:58 -08'00'

Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

January 6, 2010

Mr Brian Moynihan, President

Bank of America Corporation
By email.
Customer Assistance Group
Office of Comptroller of the Currency
By fax: 713 336 4301

Mr Kevin Bailey, Deputy Comptroller and

US Representative to the Basel Accords Committee
By email

Basel Accords Committee

By email

RE: OCC Case # 00971981, complaint against Bank of America Corporation (BAC), and repeat
notice to Mr Moynihan, pursuant to Sarbanes-Oxley Act (2002) §307 and SEC Rules promulgated
under 17 CFR 205.
Dear Mr Moynihan, Mr Bailey, Office of the Comptroller of the Currency, and Members of the Basel
Accords Committee:
In phone conversation today with a Customer Assistance Group specialist, I was told that Bank of
America Corporation still has not replied to complaint, reference above, filed with office of the US
Comptroller of the Currency (OCC) on September 29, 2009 - regarding large scale fraud in operations
of Countrywide Financial Corporation (CFC) and its Legal Department, headed by Sandor Samuels,
then Chief Legal Officer. The core fraud in this case – real estate fraud and financial institution fraud –
was opined by a fraud expert second to none - highly decorated FBI veteran - James Wedick. He was
decorated by US Congress, by US Attorney General, and by FBI Director. [1] Moreover, in an unusual
email note, he explained that the FBI’s refusal to provide equal protection in this case since January
2007, was related to FBI’s reluctance to expose the widespread corruption of judges of what Mr Wedick
called “the Los Angeles Circuit”. [2] My losses due to the fraud opined by Mr Wedick exceeded $2
millions.
My complaint further alleged that after the takeover of CFC by BAC the same individuals continued to serve
at BAC in positions that were critical to the integrity of operations, or lack thereof, at Bank of America Home
Loans, including, but not limited to Sandor Samuels – now Associate General Counsel of BAC. Moreover,
after the takeover, BAC allowed the continued alleged obstruction and perversion of justice, by employment
of Bryan Cave, LLP, under the guidance of Sandor Samuels, at a time that office Timothy Mayopoulos, then
General Counsel of BAC, repeatedly informed me that Bryan Cave, LLP was not authorized as an Outside
Counsel of BAC, and was not authorized to represent or appear on behalf of BAC. To simplify review of the
matter by BAC, I reduced the hundreds of pages of alleged fraud documents (some by now opined as fraud by
Mr Robert Meister, another nationally acclaimed fraud expert), which had been produced by CFC and BAC in
this case in the past four years, to a list of six (6) records, which BAC and its Audit Committee have been
z Page 2/2 January 6, 2010

requested to authenticate or repudiate. [3] CFC, BAC, and its Audit Committee refused to respond to such
requests, filed as complaints pursuant to the Sarbanes Oxley Act (2002).
This letter to Mr Moynihan is the first in his new capacity as President of BAC, as an appeal that he facilitate a
response by BAC, long overdue, to the complaint filed with OCC September 29, 2009, referenced above. It is
also a repeat notice pursuant to Sarbanes Oxley Act §307 and SEC Rules under 17 CFR 205. This letter is
also addressed to OCC and Mr Kevin Bailey, since failure of OCC to obtain any response from BAC on the
complaint, undermines any claims by US government and US banking regulators of “shoring up” the system.
This letter is also addressed to members of the Basel Accord Committee, as a notice of the ongoing failure of
US government and BAC to comply with basic tenants of the Pillars of the Basel Accords. Needless to say,
such conduct undermines any notion of valid risk assessment or risk reduction in banking operations at one of
the largest US financial institutions.
Sincerely,

Joseph Zernik

Linked Records:
[1] Resume of Mr James Wedick, and opinion letter regarding real estate fraud in conjunction with the
Union Bank transactions, which were the subject of the complaint.
http://inproperinla.com/07-12-17-grant-deeds-wedick-s-opinion-s.pdf

[2] Email note by Mr James Wedick, explaining the refusal of FBI to provide equal protection in this case –
since January 2007 – in reluctance to expose the widespread corruption of judges in the “Los Angeles
Circuit”. In contrast, one should be reminded that concomitantly FBI defined Los Angeles County as the
“epicenter of the epidemic real estate and mortgage fraud”, and stated that it was a high national priority to
fight such epidemic. Separately, FBI made numerous statements regarding its standing policy to vigorously
investigate all allegations of public corruption.
http://inproperinla.com/08-08-21-refusal-to-investigate-fbi-wedick-letter-s.pdf

[3] List and links to six records that represent the core fraud in conduct of CFC and BAC in the matter that
was subject to complaint filed with OCC, Case # 00971981.
http://inproperinla.com/09-04-17-list-of-six-key-records-for-bac-audit-committee-review-s.pdf

CC:

1) Glenn A Fine, Inspector General - US Department of Justice, as an addendum to complaint against

Kenneth Kaiser and Kenneth Melson – for alleged fraud in responses to US Congress on this matter in
August –September 2008, and refusal to provide equal protection in Los Angeles County.

2) David Kotz, Inspector General – SEC, as an addendum to complaint regarding SEC’s refusal to
investigate complaints of fraud in operations of both CFC and Bank of America Home Loans.

3) Eric Thorson, Inspector General – US Dept of the Treasury, as an addendum to complaint regarding
refusal of Office of Thrift Supervision and Federal Trade Commission to enforce the law on CFC in
complaints filed starting in early 2007, when CFC was subject to their regulatory jurisdiction.

4) Mary Schapiro, Chair - SEC – as an addendum to complaint against BAC.