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Human Rights Alert

Digitally signed by Joseph Zernik DN: cn=Joseph Zernik, o, ou, email=jz12345@earthl ink.net, c=US Date: 2011.12.28 10:02:55 +02'00'

11-12-28 Supplemental Declaration of Joseph Zernik in RE: Racketeering by COUNTRYWIDE, BANK OF AMERICA, BET TZEDEK, California and US Judges and Clerks, and cover up by FBI and US Department of Justice
Following the reports of the untimely death of bank fraud whistleblower Tracy Lawrence, and his previously released Declaration (copied below), Joseph Zernik, PhD, provided a short Supplemental Declaration, regarding the nature of the frauds perpetrated on Dr Joseph Zernik by COUNTRYWIDE and BANK OF AMERICA. Hundreds of false and deliberately misleading records were produced, filed, and issued in this case as real estate, banking and judicial and clerical records. If each of these records were counted as a Predicated Act per RICO (Racketeer Influenced and Corrupt Organizations Act 18 USC 19611968), then COUNTRYWIDE, BANK OF AMERICA, BRYAN CAVE, LLP, SHEPPARD MULLIN, LLP, the LOS ANGELES SUPERIOR COURT and the other per petrators, should all be deemed racketeers.

Shell Game

The Flim Flam Man

Confidence Trick

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December 27 - in response to requests by readers, Joseph Zernik, PhD, of Human Rights Alert (NGO), released: a short Supplemental Declaration regarding the nature of the fraud perpetrated on him by Countrywide, Bank of America, and the Courts, Law Enforcement, and Banking Regulators.
Supplemental Declaration of Joseph Zernik in RE: Fraud by JAE ARRE LLOYD, COUNTRYWIDE, BANK OF AMERICA, Judges, Clerk, Attorneys, Law Enforcement, and Banking Regulators I, the undersigned, Joseph Zernik, declare as follows: 1) In 2004 I was trying to sell my property at 320 South Peck Drive, Beverly Hills 90212 property. 2) Upon information and belief convicted felon JAE ARRE LLOYD was trying to launder his proceeds from his previous criminality through purchasing the property under the name of NIVIE SAMAAN, a straw buyer, who was penniless. 3) I refused to review NIVIE SAMAAN's offer, presented by Real Estate Salesperson MICHAEL LIBOW (COLDWELL BANKER RESIDENTIAL BROKERAGE), without a third party arms-length prequalification letter. 4) In response I was presented by MICHAEL LIBOW with a Prequalification Letter that later was opined as fraud by nationally renowned fraud expert BOB MASTER. [1] 5) I thus assented to the contract through fraudulent induction.

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6) The contract included the standard stipulation that "Buyer shall honestly and expediently seek the required mortgage loans." 7) Unbeknown to me, JAE ARRE LLOYD and NIVIE SAMAAN, jointly filed a fraudulent government-backed Uniform Residential Real Estate Loan Applications (1003), for almost $2 millions with COUNTRYWIDE HOME LOANS, San Rafael Branch, headed by MARIA MCLAURIN. [2] 8) Unbeknown to me, the fraud was identified by Senior Underwriter DIANE FRAZIER on day one, and the mortgage never went through in a timely manner. 9) Both the records, and my communications with DIANE FRAZIER showed that later, Branch Manager MARIA MCLAURIN removed the loan applications from the due underwriter DIANE FRAZIER, and decided to approve them and present them for funding, in blatant violation of various laws, regulations, and COUNTRYWIDE's own procedures. 10) Regardless, the loans were never funded. Their funding was "DENIED" by COUNTRYWIDE BANK. 11) During escrow it was also discovered, and later further detailed, that NIVIE SAMAAN was falsifying fax communications between her fictitious Mortgage Broker VICTOR PARKS (PACIFIC MORTGAGE CONSULTANTS), my realtor, MICHAEL LIBOW, and COUNTRYWIDE HOME LOANS. Such communications should be deemed fax/wire/financial institution fraud. [3] 12) After the fax fraud was discovered, and after NIVIE SAMAAN failed to obtain the mortgage within the time stipulated, and failed to provide any explanation, or request an extension, I gave her due Notice to Buyer to Perform, and when she refused to perform, I canceled the contract pursuant to the law of California. 13) In 2005, NIVIE SAMAAN initiated simulated litigation [4] in the SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, under Samaan v Zernik (SC087400), under a cause of actions of "Specific Performance or Breach of Contract," where: a) No Filing Fees were paid for the complaint, but the Clerk of the Court refused to dismiss the complaint as required by law; b) No real estate contract was filed with the complaint, and the nature of the "breach of contract" was never detailed either, but Judge JACQUELINE CONNOR denied a Demurer pursuant to the Statute off Frauds, through a simulated Demurer proceeding that was never registered by the Court. c) All subsequent payments were listed a "Journal Entry", where in other cases of the same Court they are listed as "Motion Fees", "Notice Fees", "Stipulation Fees", etc; and the Presiding Judge CHARLES MCCOY and the Clerk of the Court JOHN A CLARKE refused to disclose the ultimate designation of these "Journal Entry" funds; d) No judge presided with a due Assignment Order; e) No minutes, orders, or judgment were duly served and noticed, or authenticated; f) Fraudulent records were repeatedly produced as evidence by NIVIE SAMAAN, MICHAEL LIBOW, COLDWELL BANKER, COUNTRYWIDE, BANK OF AMERICA, BRYAN CAVE, LLP, SHEPPARD MULLIN, LLP, and admitted by judges, regardless of protests; g) Judge Connor repeatedly generated fictitious minutes of proceedings that never took place in reality, and likewise, routinely created fictitious, 'off the record' notations for proceedings that were enacted in reality. h) Countrywide, and later Bank of America routinely appeared as "Non Party", while the Court interchangeably designated them: "Plaintiff", "Defendant", "Cross Defendant", "Real Party in Interest", "Intervenor", and more... all with no legal foundation at all. i) BRYAN CAVE LLP appeared on behalf of countrywide, while not their Counsel of Records, a practice detailed by US Bankruptcy Judge JEFF BOHM in his March 2008 Memorandum Opinion. [5] j) No Judgment was entered k) No Writ of Execution was issue by the clerk. l) I was forced to leave my home under threat of forced, unlawful but credible by Attorney DAVID PASTERNAK. m) Attorney DAVID PASTERNAK and others perpetrated the fraud in Grant Title, as opined by highly-decorated FBI veteran JAMES WEDICK (linked to previous Declaration of Joseph Zernik), in conveying the title to my lawful property to JAE ARRE LLOYD and NIVIE SAMAAN. n) I was repeatedly intimidated by Sheriffs in the Court, to deny my First Amendment right to inspect court records in my own case. for over two years.

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o) Secret court file was created, to hide particularly fraudulent court papers, such as those related to the false COUNTRYWIDE appearances. p) COUNTRYWIDE and BANK OF AMERICA, together with judges of the court, enacted a charade, as if I was prohibited from communicating with the officers of COUNTRYWIDE and BANK OF AMERICA under a fictitious "Protective/Gag Order", [6] which had never existed, and which COUNTRYWIDE and BANK OF AMERICA refused to produce, from: i. Demanding that COUNTRYWIDE, and later BANK OF AMERICA stop the fraud against me; ii. Demanding that COUNTRYWIDE, and later BANK OF AMERICA name their Counsel of Record; iii. Demanding that BANK OF AMERICA respond on Complaints of fraud by senior officers, filed with the Audit Committees pursuant to Sarbanes-Oxley Act (2002). 14) COUNTRYWIDE and BANK OF AMERICA, together with BRIAN CAVE, LLP, and SHEPPARD MULLIN, LLP, and judges of the Court, enacted various other charades, where they pretended to imposed on me serious monetary sanctions, and threaten me with jail. Later, they refused to disclose the destination of the funds, thus fraudulently collected. [7] 15) Through such conduct, I was in fact unlawfully held by the Court from 2004-2010, in what should be deemed extortion under the Color of Law. 16) In January 2007, I filed my complaints with FBI, SEC, OFFICE OF THRIFT SUPERVISION, FEDERAL TRADE COMMISSION, FEDERAL RESERVE detailing the fraud on me, as an individual, on the shareholders and on the tax payers, almost a full year before the fraud was consummated. 17) No law enforcement agency has provided me protection against these frauds to this date. 18) In January 2008, the New York Times published Gretchen Morgensons report regarding the filing of three (3) Recreated Letters by Countrywides attorneys in the US Bankruptcy Court in Pennsylvania. The news caused the immediate collapse of Countrywide. [8] 19) Only a small fraction of the frauds perpetrated by the various parties in this matter were outlined in instant Supplemental Declaration. If each and every false and deliberately misleading paper filed by the various parties, and each and every false and deliberately misleading record filed and admitted as evidence, and each and every false and deliberately misleading simulated judicial and clerical record in this case were counted as a Predicated Act, pursuant to the Racketeer Influenced and Corrupt Organizations Act 18 USC 1961-1968, there were hundreds of such Predicated Acts in this matter, over the period of some 5 years. This conduct continued regardless of continued protests from early 2007 to 2010. Signed this date: December 28, 2011, here in Jerusalem,

__________ Joseph Zernik

LINKS [1] 04-09-27 Opinion Letter by Fraud Expert ROBERT MEISTER re: Prequalification Letter of NIVIE SAMAAN by VICTOR PARKS and Countrywide's Uniform Residential Loan Applications (1003) of NIVIE SAMAAN http://www.scribd.com/doc/29714059/ [2] 04-09-27 Opinion Letter by Fraud Expert ROBERT MEISTER re: Prequalification Letter of NIVIE SAMAAN by VICTOR PARKS and Countrywide's Uniform Residential Loan Applications (1003) of NIVIE SAMAAN http://www.scribd.com/doc/29714059/ [3] 04-10-18 - 20 Samaan v Zernik (SC087400) Email Correspondence of Realtor Michael Libow with person represented as Victor Parks -- evidence of wire/fax fraud by Nivie Samaan http://www.scribd.com/doc/31669118/ 04-09-27 Samaan v Zernik (SC087400) Nivie Samaan's Fraudulent Uniform Residential Loan Applications (1003) Pertaining to Property at 320 South Peck Drive, Beverly Hills, and Their Fraudulent Underwriting by Countrywide Home Loans, Inc s

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[4] "Simulated litigation", "simulated decisions", "simulated service" here refer to conduct defined in the Texas Criminal Code as follows: Texas Penal Code 32.48. SIMULATING LEGAL PROCESS. (a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to: (1) induce payment of a claim from another person; or (2) cause another to: (A) submit to the putative authority of the document; or (B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document. (b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered. [5] 08-03-05 Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion, rebuking Countrywide's litigation practices, Countrywide's false outside counsel scheme - appearances by counsel who are not Counsel of Record, with "no communications with clients" clause: http://www.scribd.com/doc/25001966/ [6] 07-07-06 Samaan v Zernik (SC087400) "Non Party" Countrywide: Ex parte application for a Protective/Gag Order s http://www.scribd.com/doc/25002347/ [7] 09-01-13 Samaan v Zernik (SC087400) Bank of America and Bryan Cave LLP filing, on behalf of "Non Party" Countrywide - Notice of Motion Sanctions Contempt v Dr Zernik http://www.scribd.com/doc/31305245/ [8] 08-01-08 Case of Borrower Hills (01-22574) in the US Bankruptcy Court, Eastern District of Pennsylvania: Countrywides three "recreated letters", transcript, and news reports: http://www.scribd.com/doc/25003494/