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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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Published by: Human Rights Alert, NGO on Jul 06, 2010
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Human Rights Alert

PO Box 526, La Verne, CA 91750 Fax: 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

Digitally signed by Joseph Zernik DN: cn=Joseph Zernik, o, ou, email=jz12345@e arthlink.net, c=US Date: 2010.07.06 20:21:33 +03'00'

Complaint against Brian Moynihan, Bank of America, and Attorneys Jenna Moldawsky and John Amberg - for 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.

Andre Birotte Jr., US Attorney, Central District of California. 221 N Figueroa St, Los Angeles, CA 90012 By certified mail, by fax: 213-894-6269, 213-894-0141 TO US ATTORNEY, CENTRAL DISTRICT OF CALIFORNIA: Please accept instant Citizen’s Complaint against Brian Moynihan, Sandor Samuels, Bank of America Corporation, and Attorneys Jenna Moldawsky 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 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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1. Complainants Joseph Zernik, PhD, resident of Los Angeles County, California Mailing Address: PO Box 526, La Verne, California 91750 Tel: 323-515-4583 Fax: (preferred) 323-488-9697 jz12345@earthlink.net Email: (preferred) 2. Accused: a) Brian Moynihan, President Bank of America Corporation 101 South Tryon Street Charlotte, NC 28255 Tel 704-386-6834 Fax 704-602-5785 b) Sandor Samuels, Associate General Counsel Bank of America Corporation 101 South Tryon Street Charlotte, NC 28255 Tel 704-386-6834 Fax 704-602-5785 c) Bank of America Corporation 101 South Tryon Street Charlotte, NC 28255 Tel 704-386-6834 Fax 704-602-5785 d) Attorney Jenna Moldawsky Bryan Cave, LLP 120 Broadway, Suite 300 Santa Monica, CA 90401-2386 Tel (3101 576-2100 Fax (3101 576-2200 e) Attorney John Amberg Bryan Cave, LLP 120 Broadway, Suite 300 Santa Monica, CA 90401-2386 Tel (3101 576-2100 Fax (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 in instant complaint either. For such reason, in most case, no section of the code was cited. The US Attorney is requested to apply the correct sections of the code. In case errors were made, where sections of 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.

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4. General Claims: It is alleged that conduct of the accused amounted to: a) Public Corruption b) 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 and others initiated real estate against Dr Zernik and mortgage fraud against Dr Zernik and against the US government, relative to funding of sub-prime Uniform Residential Loan Applications of Nivie Samaan, as detailed in the March 6, 2010, May 21 and June 11. 2010, complaints filed with FBI in this matter, linked below. 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 records alleged 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, and filed complaint with FBI, detailing a large-scale fraud in the funding of sub-prime Uniform Residential Loan 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 - routine alleged wire/fax fraud, which circumvented Countrywide’s fax servers and violated Countrywide’s own policies and practices pertaining to the operation of fax machines. Such conduct allowed the retroactive constructions 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 Home Loans, Inc. f) Already in his January 2007 FBI complaint Dr Zernik detailed a large scale financial institution fraud against the US government and the US taxpayer, and correctly predicted the liability to the US government by conduct of Countrywide Financial Corporation at hundreds of billions of dollars. g) Starting June 2007, still under control of Countrywide Financial Corporation, Attorneys Jenna Moldawsky and John Amberg, under the direction of the Chief Legal Counsel of Countrywide Sandor Samuels, appeared in court in the caption of Samaan v Zernik (SC087400) under the false party designation of “Non Party”. h) Such appearances were conducted while Jenna Moldawsky and John Amberg were not authorized as Counsel of Record for Countrywide Financial Corporation, as documented in court records referenced in

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the June 11, 2010 Complaint filed against Brian Moynihan and Bank of America with SEC and Office of the Comptroller of the Currency (linked below). By December 2007, through such conduct, the accused achieved their goal of real estate fraud and financial institution fraud against complainant Dr Zernik, as detailed in the June 21, 2010 complaint against David Pasternak, v linked below, and as opined by fraud experts and FBI agent assigned to the case, detailed therein. By January 8, 2008 Countrywide Financial Corporation collapsed, following news of filing “recreated letters” as evidence in a Pennsylvania court in the case of Borrower (01-22574) . With the collapse of Countrywide Financial Corporation and its takeover by Bank of America Corporation, Dr Zernik’s projections of large-scale losses to the US government were indeed materialized. Starting January 2008 Sandor Samuels, today Associate General Counsel of Bank of America Corporation, has appeared in the caption of Samaan v Zernik (SC087400), under the false party designation of “Interested Person”. In such appearances, Jenna Moldawsky, John Amberg, and Sandor Samuels filed fraudulent papers and false declarations in court, as part of an extortionist scheme, through conspiracy of Brian Moynihan, Sandor Samuels, Bank of America, Jenna Moldawsky, and John Amberg, detailed in the June 11, 2010 complaint, linked below originally filed with the Securities and Exchange Commission and Office of the Comptroller of the Currency. Such conduct is alleged as involving numerous other violations of the law, as detailed below. The main goal of such alleged extortionist conduct was to retaliate, intimidate, and harass complainant Dr Joseph Zernik, and to prevent him from pursuing complaints of fraud and deceit against Countrywide Financial Corporation and later – against Bank of America Corporation. In early 2008, still under Countrywide Financial Corporation’s control, Attorneys Jenna Moldawsky and John Amberg conducted transactions with Attorney David Pasternak, detailed in the complaint against David Pasternak, linked below, which are alleged as money laundering and monetary transactions in property derived from prohibited conduct. Following the July 1, 2008, take-over of Countrywide Financial Corporation by Bank of America Corporation and until December 10, 2008, under the tenure of Timothy Mayopoulos as General Counsel of Bank of America Corporation, the alleged fraud on the court, on complainant Joseph Zernik, and on shareholders related to extortionist court appearances by Sandor Samuels, Jenna Moldawsky, and John Amberg was brought to a halt. Moreover, from July 1, 2008 to December 10, 2008, during the same period, senior staff at the office of Timothy Mayopoulos repeatedly confirmed what was clear all along: Bryan Cave, LLP, was never authorized to appear in court under Samaan v Zernik (SC087400) as Counsel of Record for Countrywide Financial Corporation or Bank of America Corporation. During the same period, Bank of America Corporation still refused to review complaints, which were filed with the Audit Committee pursuant to Sarbanes-Oxley Act (2002), as detailed in the complaint filed with Securities and Exchange Commission and Comptroller of the Currency, linked below. On December 10, 2008, Timothy Mayopoulos was ousted as Bank of America General Counsel and was replacement as General Counsel by Brian Moynihan. Starting December 11, 2008, less than 24 hours after the ouster of Timothy Mayopoulos, the alleged extortion by Sandor Samuels, Jenna Moldawsky, and John Amberg was resumed in full force. It continues to this date. In early 2009, John Amberg and Jenna Moldawsky, under control of Bank of America Corporation, again conducted transactions with Attorney David Pasternak, detailed in the June 21, 2010 complaint against David Pasternak, linked below, which are alleged as money laundering and monetary transactions in property derived from prohibited conduct.

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u) In late September 2009 Dr Zernik filed complaint with Office of the Comptroller of the Currency, linked below, alleging fraud in appearances of Jenna Moldawsky and John Amberg on behalf of Bank of America with no authorization at all. v) Starting late December 2009, in anticipation of his appointment as President/CEO, Brian Moynihan was repeatedly informed of the fraud being committed, and was asked to report fraud by management and fraud by counsel to the Audit Committee. There is no evidence that Brian Moynihan ever did so. w) Starting late December 2009, in anticipation of his appointment as President/CEO, Brian Moynihan was repeatedly requested to report fraud by Bank of America in periodic reports to the Securities and Exchange Committee, pursuant to Sarbanes-Oxley Act (2002). Brian Moynihan refused to do so. x) Therefore, conduct of Brian Moynihan is alleged as fraud on shareholder in Bank of America Corporation and securities fraud pursuant to the Securities Exchange Act (1934) and the Sarbanes Oxley Act (2002). y) In early 2010, following the appointment of Brian Moynihan as President/CEO, Dr Zernik again pressed for a response by Bank of America on the complaint filed with Office of Comptroller of the Currency relative to unauthorized appearances of Jenna Moldawsky and John Amberg, in what was alleged as a three year long campaign of extortion. z) On January 8, 2010, response was forwarded by the office of Brian Moynihan, as detailed in the June 11, 2010 complaint, linked below, filed with Office of the Comptroller of the Currency. The response, in and of itself, was consequently alleged as fraud by Brian Moynihan. It failed to state that Jenna Moldawsky and/or John Amberg were authorized as Counsel of Record for Bank of America. However, it used language that was deliberate and misleading in its intent to generate reliance of such falsehood. aa) Starting 2008 and to this date, Bank of America Corporation has received an estimated $200 billions in bailout funds, related to claims of losses related to loan defaults. Collection of such funds, which were related at least in part to the alleged criminal conduct in lending practices of Countrywide Financial Corporation, which had been reported to FBI already in January 2007, are alleged as violations of the False Claims Act, subject to Qui Tam complaints. bb) Conduct starting in 2004 by Countrywide Financial Corporation and cover-up since July 1, 2008 by Bank of America Corporation relative to the funding of extremely unworthy, government-backed Uniform Residential Loan Applications (1003), are alleged as large-scale financial institution fraud and other violations of the criminal code. It is further alleged that such conduct was to a large degree the underlying cause of the current “sub-prime crisis”, resulting in damages to the US government and US taxpayer amounting to hundreds of billions of dollars. cc) Conduct starting in 2004 and continuing to this date, as documented through Samaan v Zernik (SC087400) and the complaints, linked below, is further alleged as amounting to racketeering. To prosecute a racketeering claim, four elements must be alleged: (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity. vi Each element of a RICO claim requires additional analysis: an “enterprise” is marked by association and control; a “pattern” requires a showing of “continuity”—continuous and related behavior that amounts to, or poses a threat of, continued criminal violations; and “racketeering activity” involves the violation of designated federal laws. vii It is alleged that conduct of the accused involved the necessary and sufficient elements and more than sufficient predicated acts to justify prosecution of pursuant to RICO – Racketeer Influence and Corrupt Organization Act -18 USC §1961–1968. 6. Additional Evidence and Records: For the sake of brevity, only a small part of the evidence was described and linked in instant complaint. Please do not hesitate to contact Dr Zernik for additional evidence in this matter. Additional records, which are pertinent to the case, can also be found under court file Samaan v Zernik (SC087400) at the Superior Court of California, County of Los Angeles.

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7. Court Opinions and Judgments Regarding Conduct of Bank of America Corporation and others in the case at hand. The matter of fraud by Bank of America was never reviewed by court. No order or judgment was ever entered to this date, as required by California Code to make it “effectual for any purpose” in the case of Samaan v Zernik (SC087400). Likewise, none of the minutes, orders, and judgment under caption of Zernik v Connor et al (2:08-cv-01914) was ever authenticated, as required by the General Order 08-02 of the US District Court, Central District of California, to make them court records that are valid and effectual and require “full faith and credit”. 8. Conduct of Bank of America in Samaan v Zernik (SC087400) is Not Unique, only its Scope is. Countrywide Financial Corporation routinely engaged in the conduct described in instant complaint in courts across the United States, as detailed in the March 5, 2008 Memorandum Opinion of the Hon Jeff Bohm and in a year-long study by the United States Trustee, referenced therein, under the case of Borrower Parsley (0590374), referenced below and in the June 11, 2010 complaint, filed against Brian Moynihan and Bank of America with SEC and Office of the Comptroller of the Currency. The evidence provided in instant complaint shows that Bank of America Corporation adopted such litigation practices following the take-over of Countrywide Financial Corporation. The case of Samaan v Zernik (SC087400) is claimed, however, to be unique in the scope of fraud in banking records and the involvement of the most senior officers of Bank of America Corporation. Other captions that provide evidence of similar conduct by the accused include, but are not limited to: a) In the case of Borrower Hill (01-22574) in Pennsylvania Countrywide Financial Corporation was found to have filed “recreated letters” as evidence. It was the publication of such conduct that caused the collapse of Countrywide in January 2008. b) In the case of Borrower Parsley (05-90374) in Texas Countrywide Financial Corporation was found to have filed false records as evidence, and engaged in representation by counsel who was not authorized as Counsel of Record, and was retained with “no communications with client clause”. c) In the case of Wright v Bank of America Corporation (5-10-cv-01723) at the US District Court, Northern District of California, credible evidence was found that Bryan Cave, LLP is today appearing in court on behalf of Bank of America Corporation, while not authorized as Counsel of Record, as a repeat of its conduct in Samaan v Zernik (SC087400) 9. Public Policy Significance Instant complaint 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 US is now suffering an unprecedented economic crisis, which senior economists believe is a depression similar or more severe than the Great Depression of the previous century. Workers and investors worldwide were affected by the crisis. US Department of Justice, the Securities and Exchange Commission, and US banking regulators repeatedly promised the US Congress, the people of the US, and the international community to investigate and prosecute any criminality that may have cause the current financial crisis. The case at hand provides detailed evidence of alleged criminality by sub-prime lenders. The US Congress, the people of the US, and the international community finally deserve honest investigation and honest and enforcement of the law by the US government in relationship to the conduct of sub-prime lenders.

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The continued dysfunctional state of US banking regulation poses risks to the US economy that are difficult to assess. 10. National and International Awareness As part of the first ever review by the United Nations (UPR) of Human Rights in the United States, report was filed by Human Rights Alert (NGO) and Dr Joseph Zernik and Human Rights Alert (NGO) viii alleging widespread corruption of the justice system in Los Angeles County, California, including, but not limited to financial institution fraud. The report further alleged refusal of senior officers of the US government to abide by its duties and responsibilities pursuant to ratified international law – in refusing to accord equal protection to the 10 million residents of Los Angeles County. As part of the UPR process, US, UK, Germany, and France based blogs were created,ix where almost 17,000 readers from some 85 nations were recorded so far. A Scribd site was created for Human Rights Alert in January 2010, which has recorded close to 70,000 reads, with over 500 reads a day in recent months.x Of note, two of the most popular reads on the site are those providing evidence of the alleged racketeering by Bank of America Corporation and Brian Moynihan. xi Additional news sites, where press releases are routinely submitted by Dr Zernik and Human Rights Alert, have recorded thousands of additional readers. xii Furthermore, an archive was established online, xiii documenting the alleged racketeering by Bank of America Corporation and others. The archive, not a user’s friendly site by any stretch of imagination, has attracted thousands of visits per month from nations worldwide, totaling of close to 90,000 visits in 2010 alone. xiv 11. Remedies Requested Request is herein filed with the office of US Attorney, Central District of California, by Joseph Zernik, PhD, for the following remedies: a) Equal protection for Joseph Zernik under US and ratified international law. b) Return to Dr Zernik’s possession of his residence at 320 South Peck Drive, Beverly Hills, California 90212, which was taken through fraud, as opined by fraud experts and FBI special agent assigned to the case. The property was taken for private use with no compensation to Dr Zernik at all, as detailed in a separate complaint against David Pasternak, filed with your office, twice, dated June 21 and June 27, 2010. c) Investigation and prosecution, if necessary, of allegations of public corruption and financial institution fraud, False Claims Act, and also RICO, if applicable, against those accused in instant complaint, to the full extent of the law. Respectfully, Dated: July 6, 2010 Joseph Zernik, PhD

By: ______________ JOSEPH H ZERNIK PO Box 526, La Verne, CA 91750 Phone: 323.515.4583 Fax: 323.488.9697 Email <jz12345@earthlink.net>

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RELATED COMPLAINTS: Please accept as integral part of instant complaint additional complaints, which were previously filed with US Attorney Office, Central District of California and FBI, and are linked below: 1. 10-03-06 Complaint Filed with FBI against Bank of America and Brian Moynihan Including Real Estate and Mortgage Fraud Obstruction Filed with FBI Los Angeles. http://www.scribd.com/doc/29654590/ 2. March 06, 2010 Complaint on Real Estate Fraud at 320 South Peck Drive, Beverly Hills, California 90212 with FBI Los Angeles. http://www.scribd.com/doc/27934938/ 3. June 11, 2010 Complaint filed against Brian Moynihan and Bank of America with SEC and Office of the Comptroller of the Currency. http://www.scribd.com/doc/32907453/ 4. June 21, 2010 and June 27, 2010 complaints filed with US Attorney Office, Central District of California against Attorney David Pasternak – for public corruption and deprivation of rights under the color of law. http://www.scribd.com/doc/33354641/ 5. May 21, 2010 Complaint Filed with FBI Against Maria McLaurin Bank of America NYSE BAC Jae Arre Lloyd a Convicted Felon and Loan Originator Nivie Samaan Others. http://www.scribd.com/doc/31725728/ CC: 1) UPR Office of the United Nations: UPRsubmissions@ohchr.org 2) UPR Office of the US State Department: upr_info@state.gov 3) Basel Accords Committee on international banking 4) National Banks – Research Departments 5) The Honorable Dianne Feinstein, Senator from California 6) United States Congress – Judiciary Committees 6) United States Congress – Banking Committees LINKS: 10-05-21 Complaint filed with FBI against Nivie Samaan, Jae Arre Lloyd, and others: http://www.scribd.com/doc/31725728/ ii 10-03-06 Complaint Filed with FBI against Bank of America and Brian Moynihan Including Real Estate and Mortgage Fraud Obstruction Filed with FBI Los Angeles. http://www.scribd.com/doc/29654590/ iii 10-03-06 Complaint on Real Estate Fraud at 320 South Peck Drive, Beverly Hills, California 90212 with FBI Los Angeles. http://www.scribd.com/doc/27934938/ iv 10-06-11 Complaint filed against Brian Moynihan and Bank of America with SEC and Office of the Comptroller of the Currency. http://www.scribd.com/doc/32907453/ v 10-06-21 and 10-06-27 complaints filed with US Attorney Office, Central District of California against Attorney David Pasternak – for public corruption and deprivation of rights under the color of law. http://www.scribd.com/doc/33354641/ vi See Kenda Corp. v. Pot O’Gold Money Leagues, Inc., 329 F.3d 216, 233 (1st Cir. 2003). vii See Giulliano v. Fulton, 399 F.3d 381, 388 (1st Cir. 2005). viii Human Rights Alert (NGO) report to the UN for the 2010 UPR:
i

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a) Press Release: http://www.scribd.com/doc/30200004/ b) Submission: http://www.scribd.com/doc/30147583/ c) Appendix: http://www.scribd.com/doc/30163613/ ix Blog associated with Human Rights Alert (NGO) http://human-rights-alert.blogspot.com/ http://josephzernik.blog.co.uk/ http://menchenrechte-los-angeles.blogspot.com/ x Scribd site of Human Rights Alert (NGO) http://www.scribd.com/Human_Rights_Alert xi Two of the most popular records on the Scribd site, alleging racketeering by Bank of America and others: 10-05-05-Countrywide-Bank-of-America-NYSE-BAC-and-its-President-Brian-Moynihan-Compilation-ofRecords-Evidence-of-Racketeering-s – 3817 reads by July 5, 2010. http://www.scribd.com/doc/30975368/ 10-05-05-Chairs-of-US-Congress-Committees-of-the-Judiciary-and-Banking-Are-Requested-to-Join-SenatorFeinstein’s Inquiries on Comptroller of the Currency – 2727 reads by July 5, 2010 http://www.scribd.com/doc/30979882/ xii News sites where Human Rights Alert posts routine releases: http://www.liveleak.com/user/jz12345 http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner http://pressroom.prlog.org/Human_Rights_Alert/ xiii Online archive documenting corruption by Bank of America and other financial institutions: http://inproperinla.com/ xiv Intense interest by the Russian Republic in corruption of US courts and banking regulation: http://www.scribd.com/doc/33910548/

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