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Dr Z Digitally signed by

Joseph H Zernik
DN: cn=Joseph H
Joseph Zernik, PhD Zernik, o, ou,
email=jz12345@ea
PO Box 526, La Verne, CA 91750; rthlink.net, c=US
Location: La Verne,
California
Fax: 801 998-0917; Email: jz12345@earthlink.net Date: 2010.01.15
19:17:10 -08'00'
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

10-
10-01-
01-15 Response letter from Bank of America, Office of the CEO & President, dated January 8,
2010.
Brian T Moynihan, President & CEO
Bank of America Corporation
By email

Dear Mr Moynihan:
Thank you for the prompt response from your office, in a letter dated January 8, 2010, [1] and marked as
mailed from Office of the President, Charlotte, North Carolina 28255. It appeared that the letter stopped on the
way in Calabasas California, since it bears a postal stamp dated January 13, 2010, and marked as mailed from
California 91362. [1] That city was the seat of Countrywide’s Legal Department, today – Bank of America
Home Loans’ Legal Department – subject of my complaint to Office of the Comptroller of the Currency – of
conduct that was alleged as racketeering in the courts of Los Angeles County, California.
The January 8, 2010 letter from your office opened by stating: “This letter is in response to your inquiry”,
without any further reference. My recent communications with you were not of the nature of inquiries at all,
instead, they were notices and reminders of reporting duties pursuant to Sarbanes Oxley Act (2002), §397, and
SEC rules promulgated under 17 CFR 205, [2], pertaining to fraud, opined by fraud experts, second to none,
in relationship to operations of Bank of America Home Loans, and prior to that – Countrywide Home Loans,
Inc. Such notices further informed you of conduct that allegedly amounted to obstruction and perversion of
justice, monetary transactions in property derived from prohibited activity - money laundering, retaliation,
intimidation, and harassment of a victim, witness, and informant. Combined, such conduct was alleged as
amounting to racketeering in the courts in Los Angeles County, California. Such conduct was perpetrated
under the guidance of Sandor Samuels, former Chief Legal Officer of Countrywide Financial Corporation,
and today Associate General Counsel of Bank of America Corporation. Obviously, it was no inquiry on my
part.
The January 8, 2010 letter was signed by Cathy Talarico, as Customer Advocate, Office of the CEO &
President. However, as Ms Tamarico correctly observed, I was no customer of Bank of America Corporation
at the present time. My letters to you clearly indicated that I was writing as a shareholder and as a victim of
alleged and opined criminalities by Bank of America Corporation.
Ms Talarico’s letter was marked as copied to ”Office of the Comptroller of the Currency”. Indeed, my notices
and reminders of reporting duties referred to the Office of the Comptroller of the Currency, Case #00971981
– complaint filed on September 29, 2009. Your letter failed to ever mention such complaint, and never
referenced Case #00971981. Likewise, it never addressed the issues that were the subject matter of the
complaint. Therefore, in case your letter was purported as response on Case #00971981, I am copying
this letter also to the Office of the Comptroller of the Currency, requesting that such letter be rejected as
a response to Case #00971981, for all the reasons stated herein.
Ms Talarico’s letter stated: “It is also noted that you have previously raised these issues with the Company,
and we found no basis for further investigation.” I was glad to read this first ever confirmation of any review
of my complaints, filed with the Audit Committee of Bank of America Corporation, pursuant to Sarbanes
Oxley Act (2002). However, Ms Talarico’s letter fell short of stating that the “issues” were raised in a
complaint to the Audit Committee pursuant to Sarbanes Oxley Act (2002), and likewise, it failed to state that
 Page 2/2 January 15, 2010

such “issued” were reviewed by the Audit Committee. Furthermore, Ms Talarico’s letter failed to make any
statement regarding the six (6) key records, [3] which were the core of the complaint to the Audit Committee,
and the Audit Committee was requested to review and authenticate or repudiate these records – all deemed as
fraud.
Ms Talarico’s letter ended by stating “…please contact our outside counsel, John Amberg and Jenna
Moldawsky at Bryan Cave LLP”. Such statement would have been appreciated, had it been specific as to the
authority of outside counsel in a specific caption and case number. The underlying case was captioned
Samaan v Zernik (SC087400). Office of the General Counsel of Bank of America Corporation, under
Timothy Mayopoulos repeatedly stated that Bryan Cave, LLP was NOT authorized as outside counsel in
Samaan v Zernik (SC087400). The Office of the General Counsel repeatedly stated that Mr Todd Boock was
the only counsel authorized in this case. I therefore found Ms Talarico’s statement vague and ambiguous, and
I would be grateful if your office, or the office of the General Counsel, Bank of America Corporation, would
please issue a formal letter stating that Bryan Cave, LLP was authorized as outside counsel in Samaan v
Zernik (SC087400), and also state the date of such authorization. After all, conduct of Bryan Cave, LLP, in
this case was central to the alleged racketeering. Bryan Cave was requested on numerous occasions to
provide a statement on the record regarding this matter, but refused to do so. Such letter by the Office of the
General Counsel would allow to more clearly define what part of the conduct of Bryan Cave, LLP was indeed
part of the alleged criminalities.
I was glad to note your email responses, and particularly the response in Ms Talarico’s letter, which
apparently passed through the former Countrywide Legal Department. Such responses were evidence
that Bank of America Corporation no longer continued its false and malicious claims regarding the
existence of a “Protective Order” or “Restraining Order”, which prohibited my communications with
Bank of America Corporation. Such false and malicious claims were at the foundation of the alleged
racketeering by Countrywide, and later Bank of America Corporation, and were repeated numerous
times by in-house counsel Todd Boock, by false outside counsel from Bryan Cave, LLP, and by General
Tommy Frank – former member of the Board of Directors and the Audit Committee of Bank of America
Corporation.
Such false and malicious claims by Countrywide and Bank of America Corporation were also the
foundation of alleged racketeering court actions by false outside counsel Bryan Cave, LLP, in early
2008, and again in early 2009. In both cases, Bryan Cave, LLP filed quasi-criminal claims in motions
for Order to Show Cause re: Contempt against me, and requested serious sanctions, based on such false
and malicious. Review of court records, recently obtained, [4] demonstrated that no judgments were
ever entered in such ancillary contempt proceedings to Samaan v Zernik (SC087400) in either case.
However, Countrywide and Bank of America Corporation engaged in purported collection of such
serious sanctions with no legal foundation at all. Yet, both the payer, Attorney David Pasternak, and the
recipient – Bryan Cave, LLP, refused to respond to numerous requests to provide the full list of such
monetary transactions, and to state on behalf of what client Bryan Cave, LLP conducted such monetary
transactions. Such transactions were the core of the money-laundering allegation in the complaint to
Office of the Comptroller of the Currency, Case #00971981.
I would be grateful if your office could provide the answer:
Did payments, which were taken by Bryan Cave, LLP, in 2008-9, from Attorney David Pasternak,
purported as sanctions against Zernik, under caption Samaan v Zernik (SC087400), constitute
transactions that were conducted by Bryan Cave, LLP, on behalf of Countrywide Financial Corporation
and/or Bank of America Corporation?
 Page 3/2 January 15, 2010

Allegations listed here against Sandor Samuels, Associate General Counsel of Bank of America, and
former Chief Legal Officer of Countrywide Financial Corporation, may sound scandalous. However,
court records indicated that such conduct was routine by the Countrywide’s Legal Department in courts
across the country. In fact, at the end, it was the news of such conduct that caused the collapse of
Countrywide. [5], [6]

Dated January 15, 2010.


Truly,

Joseph Zernik
Los Angeles County, California
http://www.scribd.com/Free_the_Rampart_FIPs
http://inproperinla.blogspot.com/
Patriotic pics of Sharon Stone, Beyonce’ Knowles, and Charlize Theron,
Coming soon- deep house music!

CC:

1. Basel Accords Committee, including Kevin Bailey – Deputy Comptroller of the Currency and US representative to the
committee.
By email.
2. Office of the US Comptroller of the Currency, in re: Case # 00971981 –complaint against Bank of America Corporation.
3. Eric Thorn - Inspector General of the US Department of Treasury – regarding complaint filed with Office of the Inspector
General of the Treasury regarding failure of Office Thrift Supervision and Office of Federal Trade Commission to address
complaints filed against Countrywide, regulated by such offices in 2007.
By email.
4. Mary Schapiro – SEC Chair, in re: Complaint against Bank of America Corporation, receipt acknowledged by Ms Schapiro
on December 20, 2009 and on January 11, 2010.
By email.
5. David Kotz – Inspector General, SEC, in re: Complaint against SEC for failure to provide equal protection and address
complaints filed in 2007-2009 against Countrywide and Bank of America for conduct that allegedly amounted to
racketeering in the courts of Los Angeles County, California, receipt acknowledged in multiple notices in December 2009
and January 2010.
By email
6. The Honorable Patrick Leahy, Senator, Chair, US Senate Judiciary Committee, and sponsor of the Fraud Enforcement and
Recovery Act ( 2009)
433 Russell Office Building, Washington DC 20510
7. The Honorable Chris Dodd, Senator, Chair, US Senate Committee on Banking, Housing, and Urban Affairs.
448 Russell Building | Washington D.C., 20510
8. The Honorable Tim Johnson, Senator, Chair, US Senate Subcommittee on Financial Institutions
136 Hart Senate Office Building, Washington, DC 20510.
534 Dirksen Senate Office Building, Washington, D.C. 20510
9. The Honorable Barney Frank, Congressman House Financial Services Committee
Democratic Staff, 2129 Rayburn House Office Building, 20515

Linked Records:

[1] January 8, 2010 Response letter by Office of the President & CEO, Bank of America Corporation
http://inproperinla.com/10-01-08-response-letter-by-moynihan-a.pdf
 Page 4/2 January 15, 2010
[3] January 6, 2010 Notice by Joseph Zernik to Brian Moynihan, President & CEO of Bank of America
Corporation, pursuant to Sarbanes Oxley Act (2002) §307 pertaining to failure of Bank of America
Corporation to respond to complaint filed September 29, 2009 with Office of the Comptroller of the Currency,
Case # 00971981
http://www.scribd.com/doc/24847426/10-01-06-Request-for-BAC-s-Moynihan-to-respond-to-OCC-Case-00971981-and-notice-pursuant-to-Sarbanes-
Oxley-Act-307-s

[3] List of six key records which were alleged or opined as fraud, and which the Audit Committee of Bank of
America Corporation was requested to review and respond on.
http://www.scribd.com/doc/25286689/09-04-17-Samaan-v-Zernik-SC087400-Bank-of-America-List-of-six-key-records-alleged-or-opined-as-fraud-
submitted-in-complaint-to-BAC-Audit-Committee

[4] Register of Actions of Samaan v Zernik (SC087400), dated January 7, 2010.


http://www.scribd.com/doc/24991919/10-01-07-Samaan-v-Zernik-SC087400-Register-of-Actions-s

[5] Case of Borrower Parsley, (4:05-bk-90374), Houston, Texas


http://www.scribd.com/doc/25001966/08-03-05-Countrywide-Judge-Jeff-Bohm-s-rebuke-of-litigation-practices-Case-of-Borrower-Parsley-
Houston-Texas-Dkt-248-re-Countrywide-s-false-ou

[6] Case of Borrower Sharon D Hill (01-bk-22574) Pittsburgh, Pennsylvania.


http://www.scribd.com/doc/25003494/08-01-08-Countrywide-Recreated-Letters-Transcript-in-case-of-Borrower-Hill-Pittsburgh-PA-s
Bankof America -.
~~
Office of the CEO & President

January 8, 2010

Dr. Joseph H Zernik

PO Box 526

La Verne, Ca 91750

Dear Dr. Zcrnik:

This letter is in response to your inquiry. As a yustomer Advocate for Bank of America's Office of
the CEO and President, r welcome th~ opportun~ty to respond to your concern. Your letter has been
forwarded to my office for review ani res onse

Unfortunately, because our records d~ not ref1eet that you are currently a Bank of America customer
we will not be able to discuss the loan to which ,we believe you are referring, nor will any information
be disclosed with regard to this accouht. It is al$o noted that you bave previously raised these issues
wIth the Company, and we found no tasiS for further investigation.

]f you have any questions p.bout the i~fonnationl contained in this letter, please contact our outside

counsel, John Amberg and Jenna Mo]dawsky at Bryan Cave LLP. Thank you.

Sincerely,

~~'~,

C~::iJ

Customer Advocate

Office of the CEO and Prc;sident

cc: Office of the Comptroller of the Currency

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Bank of America, Corporal;e Center


100 North TrYon Street, Charlotte, NC 28k:55·0001

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