C)

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'

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 ASS~CIATION

Dear Dr. Zernik:

The Office ~f the Comptroller of the Currency ~OCC) is responding to your letter regarding the
above-mentlOned banle The focus of the: oce
s 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 I
individuals. In 2004, one of these individuals
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 eventual~y 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,eI been confirmed

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

by several former federal law enforcement offi~ers. 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 S~curities 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 heenI
" ... a material
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 theacc 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

FROM BANK OF AMERICA 1a,S31GaSeS (FRI)~AN a 2010 1G:O:~/ST. ~e:oe/No.7523a37a4.S p 2

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 ~merica's 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,

~~

C~:iJ

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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