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10-01-27 US Office of Comptroller of the Currency: Complaint against Bank of America (Case # 00971981) -alleging conduct amounting to racketeering by Bank of America and Brian Moynihan - Response to Compalint s

10-01-27 US Office of Comptroller of the Currency: Complaint against Bank of America (Case # 00971981) -alleging conduct amounting to racketeering by Bank of America and Brian Moynihan - Response to Compalint s

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In late September 2009 complaint was filed with OCC against Bank of America Corporation, for ongoing fraud against me by its subsidiary - Bank of America Home Loans, the former Countrywide Home Loans, and for conduct that amounted to racketeering. Initially, Bank of America failed to respond within the time requirements. After repeated complaints, OCC claimed to have "escalated" the complaint twice. Finally, Bank of America responded on January 8, 2010, in a letter that refused to respond. Based on such letter, OCC closed the complaint. It should add, that the letter by OCC is also deceptive. Bank of America in fact responded to OCC with two letters, both dated January 8, 2010. However one of the two letters was not disclosed in the letter by OCC. Therefore, FOIA-request was filed in order to discover the second January 8, 2010 letter, which OCC and Bank of America were deceptively concealing. The conduct of complaints by OCC and other US banking regulators, where the bank is allowed to see the complaint, but the complainant is not allowed to see the response, is a unique perversion of due process.
In late September 2009 complaint was filed with OCC against Bank of America Corporation, for ongoing fraud against me by its subsidiary - Bank of America Home Loans, the former Countrywide Home Loans, and for conduct that amounted to racketeering. Initially, Bank of America failed to respond within the time requirements. After repeated complaints, OCC claimed to have "escalated" the complaint twice. Finally, Bank of America responded on January 8, 2010, in a letter that refused to respond. Based on such letter, OCC closed the complaint. It should add, that the letter by OCC is also deceptive. Bank of America in fact responded to OCC with two letters, both dated January 8, 2010. However one of the two letters was not disclosed in the letter by OCC. Therefore, FOIA-request was filed in order to discover the second January 8, 2010 letter, which OCC and Bank of America were deceptively concealing. The conduct of complaints by OCC and other US banking regulators, where the bank is allowed to see the complaint, but the complainant is not allowed to see the response, is a unique perversion of due process.

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Published by: Human Rights Alert, NGO on Feb 02, 2010
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Comptroller of the Currency
Administrator of National Banks
January 27,2010
Joseph H Zernik Phd
PO Box 526
LA Verne CA 91750
Re: Case# 00971981 I
BANK OF AMERICA, NATIONAL TION
Dear Dr. Zernik:
The Office the Comptroller of the Currency is responding to your letter regarding the
above-mentlOned banle The focus of the: oces review of consumer complaints against national
banks is to determine whether the banks' actions are consistent with banking statutes, regulations
or any policies that are applicable to nationally 'chartered banking institutions.
You alleged racketeering by the bank's predecessor, the bank, unnamed California judges, the
purported law firm for the bank, and a number of individuals. In 2004, one of these individuals
I
allegedly acted as a straw purchaser of your residence on behalf of another individual and the two
of them filed false loan applications with the b'\fik' s predlecessor. The straw purchaser's mortgage
application was apparently denied and you canceled the escrow for the purchase ­
contract. You indicated that in October of 2005
p
the straw purchaser allegedly sued you in the
Los Angeles County Superior Court claiming that you were responsible for her application(s)
being denied. You indicate that the bank's predecessor filed hundreds of pages of documents in
support of the straw purchaser's claim. You ass;ert that the bank's predecessor and now the bank
have been unresponsive to your concerns and asse11 that you have suffered damages in excess of
$2 million.
In subsequent correspondence you alleged "cri¢inal schemes by large US financial
institutions[.]" You asserted that you were the victim of a criminal enterprise and that as a part of
that enterprise had been compelled in November of 2007 to leave your residence in Beverly Hills
CA under threat of force. You assert that in December of 2007 a fraudulent conveyance of that
property was executed. You further claim that various aspects of the fraud hav,e been confirmed
I
The Customer Assistance Group's consumer complaint process is a service that is provided to customers of national
ban'ks. Information provided within this letter is specifically related to an individual consumer complaint and should
not be construed as either a legal opinion of the OCC or a supervisory action, If you are not sinisfied with resolution
of your complaint, you may wish to consult legal counsel :so as to preserve your rights.
Customer Assistance Group, 1301 M<:Kinney Street, Suite 3450, Houston, Texas 77010-9050
Phone: (800) 613-6743, ]<'AX: (713) 336-4301
Internet Address: ww"".HelpWithMyBank.gov
Digitally signed by
Joseph H Zernik
DN: cn=Joseph H
Zernik, o, ou,
email=jz12345@eart
hlink.net, c=US
Location: La Verne,
California
Date: 2010.02.02
02:54:22 -08'00'
by several former federal law enforcement The alleged frauds were not uncovered or
reported on by the bank's internal audit procedures. You also alleged that the bank and its
predecessor have appeared in court to further the alleged fraudulent scheme. You also allege civil
violations of the Racketeer Influenced and COl1upt Organizations (RICO) Ad and the False
Claims Act.
Later we received correspondence from you addressed to the bank largely reiterating your fraud
allegations as well as correspondence to this agency alleging violations of Section 307 of the
Sarbanes-Oxley Act (15 USC 7245) and the and Exchange Commission's rules
implementing it (17 CFR Part 205).
We forwarded your correspondence to the ba.nN which responded to you by letter, a copy of
which is enclosed. In it, the bank indicat'cd that because you are not a current customer it will not
discuss the matter with you or disclose information concerning the account.
We have reviewed the correspondence.
To the extent that you are trying to assel1: fraud, civil violations of RICO, the False Claims Act or
any other civil claims for damages, we will be unable to assist you. The OCC is a regulatory
agency, not a court. Your claims for damages will need to be addressed to the courts. You may
wish to consult with legal counsel to ensure that your rights are protected.
We also lack the authority to investigate crimes. If you believe that crimes have been committed
you may wish to contact state or federal law enforcement agencies concerning your allegations.
As to your assertions that there have been violations of Section 307 of the Sarbanes-Oxley Act
and its implementing regulation, we note that the statutory section is an authorization for the
Securities and Exchange Commission (SEC or Commission) to issue regulations and that the
regulations themselves are enforced by the SEC. If you believe that there has heen " ... a material
I
violation of securities law or breach of fiduciary duty or similar violation by the company or any
agent thereof..." (see, 15 USC 7245(1)) you will need to raise that claim with ,the Commission.
Thank you for bringing your concerns to our attention. If we can assist you in the future, plea.se
do not hesitate to contact our office.
Sincerely,
The Customer Assistance Group's consumer complaint process is a service that is provided to:customers of national
banks. Information provided within this letter is specifically related to an individual consume. complaint and should
not be construed as either a legal opinion of the acc or a supervisory action. If you are not sitisfied with resolution
of your complaint, you may wish to consult legal counsel so as to preserve your rights.
Customer Assistance Group, 1301 M(:Kinney Street, Suite 3450, Houston, Texas 77010-9050
Phone: (800) 613-6743, FAX: (713) 336-4301
Internet Address: www.HelpWithMyBank.gov
2
FROM BANK OF AMERICA 1a,S31GaSeS
a 2010 p
BankofAmerical

Office of the CEO & Pre8ident
January 8,20 10
Dr. Joseph H Zernik
PO Box 526
La Verne, Ca 91750
Dear Dr. Zernik:
This letter is in response to your inquiry. As a Customer Advocate for Bank of Office of
the CEO and President, r welcome the opportunity to respond to your concern. Y10ur letter has been
forwarded to my office for review and response
Unfortunately, because our records do not renect that you are currently a Bank of America customer
we will not be able to discuss the loan to which we be'lieve you are referring, nor will any intom1ation
be disclosed with regard to this account Jj is also noted that you have previously raised these issues
with the Company, and we found no basis for further investigation.
If you have any questions about the infonnation contained in this letter, please contact our outside
counsel, John Amberg and Jenna Moldawsky at Bryan Cave LLP. Thank you.
Sincerely,


Customer Advocate
Office of the CEO and President
cc: Office of the Comptroller of the Currency
B."Ulk of America, Corporate Center
100 North Tryon Street, Cha.rlDtte. NC 2825a-OOOl
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Comptroller of the Currency

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Administrator of National Banks
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Customer Assistance Group 0004316851 JAN272010
1301 McKinney Street, Suite 3450 MAILED FROM ZtPCODE 77010
Houston, Texas 77010-9050
OFFICIAL BUSINESS
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