10-03-06 Bank of America: Complaint Against US Office of Comptroller of The Currency Filed With Eric Thorson Treasury Inspector General

Dr Z
Joseph Zernik, PhD

PO Box 526, La Verne, CA 91750;
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
10-
10-03-
03-06 Complaint filed with Eric M Thorson, Inspector General of US Department of Treasury,
regarding failure of OCC, John Dugan, and Kevin Bailey to issue a determination regarding
complaint against Bank of America
Complaint filed March 6, 2010 with US Dept of Treasury Inspector General, Eric M Thorson
Date: Sat, 06 Mar 2010 13:30:40 -0800

To: "Eric M Thorson, US Dept of Treasury-IG" <eric.m.thorson@treas.gov>
From: joseph zernik <jz12345@earthlink.net>
Subject: Complaint filed with Mr Eric Thorson, Inspector General, US Department of the Treasury, in RE: Mr
John Dugan, Mr Kevin Bailey, and Office of Comptroller of the Currency - for refusal to investigate complaints
against Bank of America Corporation (#00971981)
March 6, 2010
ERIC M. THORSON
INSPECTOR GENERAL
DEPARTMENT OF THE TREASURY
RE: Complaint filed with Mr Eric Thorson, Inspector General, US Department of the Treasury, in RE: Mr
John Dugan, Mr Kevin Bailey, and Office of Comptroller of the Currency - for refusal to investigate
complaints against Bank of America Corporation (#00971981)
Dear Mr Thorson:
Please accept this notice, and the attached, digitally signed letter, addressed to Mr Brian Moynihan, and copied
below, as a complaint filed with Office of the Inspector General of US Department of Treasury against John
Dugan, Kevin Bailley, and Office of the Comptroller of the Currency, for refusal to investigate complaints against
Bank of America Corporation (#00971981).
Please issue in response to this notice a complaint reference number in office of the Inspector General, US
Department of the Treasury, and inform me of such reference number.
Truly,
Joseph Zernik, PhD

http://inproperinla.blogspot.com/
http://www.scribd.com/Free_the_Rampart_FIPs
http://www.liveleak.com/user/jz12345
http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner
Please sign our petition - Free Richard Fine: http://www.thepetitionsite.com/1/free-fine
Patriotic pics of Beyonce' Knowles, Sharon Stone, and Charlize Theron,
Coming soon- deep house music!
Addendum filed March 6, 2010 With Office of Comptroller of the Currency to Complaint (#00971981)
Date: Sat, 06 Mar 2010 13:12:41 -0800

To: <john.c.dugan@occ.treas.gov>, <kevin.bailey@occ.treas.gov>, "Office of Comptroller of the
Currency" <713.336.4301@metrofax.com>
Subject: Addendum to complaint filed with Office of the US Comptroller of the Currency against
Page 2/11 March 6, 2010
Bank of America Corporation (#00971981)
March 6, 2010
John Dugan, Comptroller of the Currency

Kevin Bailey, Deputy Comptroller of the Currency
Office of Comptroller of the Currency
RE: Addendum to complaint filed with Office of the US Comptroller of the Currency against
Bank of America Corporation (#00971981)
Dear Mr Dugan, Mr Bailey, and Office of the Comptroller of the Currency:
Please accept this notice, and the attached, digitally signed letter, copied below, addressed to
Brian Moynihan, President of Bank of America Corporation, as an Addendum to my complaint
against Bank of America Corporation (#00971981).
Please also notice the failure of Office of the Comptroller of the Currency to issue a determination
in this matter- complaint which was filed with your office on September 29, 2009.
Truly,
Joseph Zernik, PhD

Complaint filed March 6, 2010 with Inspector General of SEC, David Kotz
Date: Sat, 06 Mar 2010 13:03:21 -0800

To: "SEC-IG David Kotz" <Kotzd@sec.gov>
Subject: Complaint filed with David Kotz, SEC Inspector General against Mary Schapiro, Chair
of SEC for her refusal to treat complaints against Bank of America Corporation as such
March 6, 2010
David Kotz, Inspector General

SEC
RE: Complaint filed with David Kotz, SEC Inspector General against Mary Schapiro,
Chair of SEC, for her refusal to treat complaints against Bank of America Corporation
as such
Dear Mr Kotz:
Please accept this notice and the attached, digitally signed letter, addressed to Brian
Moynihan, as an addendum to complaint previously filed with your office, against Mary
Schapiro, SEC Chair, for her refusal to treat complaints against Bank of America Corporation
as such, and to issue SEC Complaint reference numbers.
Please issue in response to this notice a complaint number or other reference number for the
complaint, indicating that it was received as a Complaint by Office of the Inspector General of
SEC.
Page 3/11 March 6, 2010
Truly,
Joseph Zernik, PhD

Complaint against Mr Brian Moynihan and Bank of America Corporation, filed March 6,
2010 with Mary Schapiro, Chair of SEC
Date: Sat, 06 Mar 2010 12:56:59 -0800
To: "Schapiro, Mary L." <SchapiroM@sec.gov>
Subject: Complaint filed with Mary Schapiro, Chair of SEC against Brian
Moynihan and Bank of America Corporation, and request for the issuance of an
SEC Complaint reference number.
March 6, 2010
Mary L Schapiro, Chair

SEC
Dear Ms Schapiro:
Please accept this notice and the attached, digitally signed letter, addressed to Brian
Moynihan, as a complaint filed with SEC against Mr Brian Moynihan and Bank of
America Corporation, for various types of fraud and other criminalities.
Please issue in response to this notice a complaint number or other reference number
for the complaint, indicating that it was received as a Complaint and a request for
investigation by SEC.
Truly,
Joseph Zernik, PhD

Request for disclosure to the Audit Committee of Bank of America, filed March
6, 2010, with Mr Ed O’Keefe, General Counsel of Bank of America Corporation.
Date: Sat, 06 Mar 2010 12:51:08 -0800

To: "General Counsel Ed O'Keefe" <ed.okeefe@bankofamerica.com>, "Attention General
Counsel Ed O'Keefe C/O Ryan, Patrick C -Legal" <patrick.c.ryan@bankofamerica.com>,
Subject: Requesting Brian Moynihan to disclose pursuant to Sarbanes Oxley Act (2002)
to Bank of America Audit Committee fraud by management - Brian Moynihan and
Sandor Samuels.
Page 4/11 March 6, 2010
March 6, 2010
Ed O'Keefe, General Counsel

Bank of America Corporation
Dear Mr O'Keefe:
Please accept the digitally signed letter, attached, and copied below, as request to disclose
pursuant to Sarbanes Oxley Act (2002) to Bank of America Audit Committee fraud by
management - Brian Moynihan and Sandor Samuels.
The letter was also posted at:

http://www.scribd.com/doc/27937374/10-03-06-Bank-of-America-Requesting-President-CEO-
Brian-Moynihan-to-Disclose-His-Own-Fraud-to-the-Audit-Committee-s
Truly,
Joseph Zernik, PhD

________________
March 6, 2010
Dear Mr Moynihan:
Please accept the digitally signed letter, attached, and copied below, as request to disclose
pursuant to Sarbanes Oxley Act (2002) to Bank of America Audit Committee fraud by
management - Brian Moynihan and Sandor Samuels.
The letter was also posted at:
http://www.scribd.com/doc/27937374/10-03-06-Bank-of-America-Requesting-President-CEO-
Brian-Moynihan-to-Disclose-His-Own-Fraud-to-the-Audit-Committee-s
Truly,
Joseph Zernik, PhD

______________
Page 5/11 March 6, 2010
Dr Z
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
10-03-06 Requesting Brian Moynihan, BAC President/CEO to disclose to Bank of

America Audit Committee his own conduct as fraud by management, pursuant to
Sarbanes Oxley Act (2002).
March 6, 2009
Brian Moynihan, President/CEO

Bank of America Corporation
By Email:
<brian.t.moynihan@bankofamerica.com>
<patrick.c.ryan@bankofamerica.com>
RE: Requesting Brian Moynihan, BAC President/CEO to disclose to Bank of America

Audit Committee his own conduct as fraud by management, pursuant to Sarbanes
Oxley Act (2002).
Dear Mr Moynihan:
Please accept this notice, and the attached digitally signed letter by Bank of America
stockholder, as a request that you disclose to the Bank of America Audit Committee fraud by
management:
1) Brian Moynihan, President/CEO
2) Sandor Samuels, Associate General Counsel.
Truly,
Joseph Zernik, PhD

CC:
1) Ed O'Keefe - General Counsel
2) Mary Schapiro - Chair, SEC, as a complaint against Brian Moynihan and Bank of America
Corporation.
3) OCC, John Dugan, Kevin Bailey, as an Addendum to complaint #00971981 against Bank of
America Corporation, a national bank.
4) Basel Accords Committee on international banking
10-03-06 Alleged fraud and other criminalities by Brian Moynihan, President/CEO of

Bank of America Corporation related to real estate fraud and malicious court actions
Page 6/11 March 6, 2010
against Dr Joseph Zernik, and response by office of Brian Moynihan to complaint of Dr

Zernik with Office of the Comptroller of the Currency (#00971981)
Overview
While the office of Attorney General of the State of New York was focused on pursuing alleged
securities fraud by senior officers of Bank of America Corporation (BAC) surrounding the
December 2008 merger with Merrill Lynch, chaperoned or coerced by senior US officers,
instant complaint finds the origins of such conduct in the earlier, January 2008
chaperoned/coerced merger with Countrywide Financial Corporation (CFC). One focus of
investigations relative to the merger with Merrill Lynch was on the ouster, on December 10,
2008, of Mr Timothy Mayopoulos, then BAC General Counsel, in the midst of negotiation of
the Merrill Lynch merger, and his escort out of the BAC corporate headquarters by security.
Again, instant complaint correlated such events with conduct related to the earlier merger -
with CFC. Mr Mayopoulos was replaced on December 10, 2008, as BAC General Counsel by
Mr Brian Moynihan - today BAC President and CEO. Instant complaint finds the appointment
of Mr Brian Moynihan as General Counsel as tightly correlated with resumption of alleged
criminality related to CFC, which was halted during the tenure of Mr Mayopoulos as General
Counsel of BAC.
The evidence provided below alleged that the transformation of BAC into an allegedly corrupt
organization took place between January 8 and January 11, 2008, in the decision to merge
BAC with CFC. The collapse of CFC on January 8, 2008 followed publication in the NYT of
the filing of "recreated letters" as evidence in US Bankruptcy Court in Pittsburgh, Pennsylvania.
[1] Financial markets were reported under "tremors". It should be noted that investors did not
distinguish between fraud in financial reports and fraud against individuals. The realization that
the Legal Department of CFC was engaged in fraudulent conduct in court undermined
investors' confidence. Neither does Sarbanes Oxley Act (2002) make any such distinction.
It is claimed that the merger announced on January 11, 2008 could not be honestly accepted
by senior Officers and the Board of Directors of BAC consistent with the investors' interests.
Agreement was to purchase CFC for stock exchange at over $4 billions, whereas the true
value of CFC was in the negative many billions of dollars. Additionally, it is claimed that the
transaction harbored substantial criminal liabilities for BAC and its officers, which could not
escape the notice of General Counsel Timothy Mayopoulos. Such criminal liabilities stemmed
from conduct of the underwriting department of CFC, which had been engaged in false
underwriting and funding of government-backed residential loans for years, and in the litigation
practices of the Legal Department of CFC. Such litigation practices were documented in great
detail during the due diligence period, in the March 5, 2008 Memorandum Opinion of Judge
Jeff Bohm, US Bankruptcy Court, Houston Texas. [2]
Of particular interest in Judge Bohm's opinion were the detailed description of the false
appearances by false outside counsel for CFC, who was not Counsel of Record, and who was
employed with "no communications with client" clause. Additionally, the opinion cited a year-
long study by the US Trustee, conducted in conjunction with investigation by Judge Bohm of
CFC's litigation practices across the US. It is alleged that the evidence in that opinion should
have been sufficient for indictment of Sandor Samuels and the CFC Legal Department as a
corrupt organization, for looting of home owners across the US, and for securities fraud,
stemming from failure to disclose such corrupt practices to investors and to the Audit
Committee of CFC.
Analysis of the records in the case of Dr Joseph Zernik, resident of Los Angeles County,
California - home base of CFC, allowed to draw entirely novel conclusions regarding events
related to the merger of CFC and BAC, which was announced on January 11, 2008, and was
concluded on July 1, 2008, and also regarding the ouster of Timothy Mayopoulos on
December 10, 2008:
1) Period from July 1, 2008 (takeover of CFC by BAC) to December 10. 2008 (ouster
of Mr Mayopoulos)
Page 7/11 March 6, 2010
Based on conduct of the office of General Counsel of BAC under Mr Mayopoulos's leadership,
from July 1, 2008 (takeover of CFC by BAC) to December 10. 2008 (ouster of Mayopoulos),
on the one hand, and conduct of the various US law enforcement agencies, on the other, a
reasonable person would conclude that secret agreements were reached between BAC
leadership - particularly Mayopoulos, and senior US officers, regarding the alleged criminality
at CFC. It is claimed that such agreements were reached with no authority by the senior US
officers involved, and that such agreements stood contrary to the rule of law and the US
Constitution. Such agreements were never disclosed to investors or to the US Congress.
During this period noted above, Dr Zernik repeatedly called the office of Mr Mayopoulos, and
spoke with senior staff of that office. Dr Zernik also left voice mail messages with Mr
Mayopoulos himself, and also messages with his secretary. In all such interactions, it was
clearly stated by senior staff of the office of BAC General Counsel that Bryan Cave, LLP was
NOT authorized to appear at the Los Angeles Superior Court under caption of Samaan v
Zernik (SC087400). Conduct of Bryan Cave, LLP, under that caption was alleged by Dr Zernik
as malicious litigation by CFC and others, amounting to serious violations of Human Rights of
Joseph Zernik, and evidence of criminality by Mr Sandor Samuels - then Chief Legal Officer of
CFC, and others.
In all such interactions of Dr Zernik with office of BAC General Counsel during the period noted
above, it was clearly stated that Mr Todd Boock, in-house counsel of the former CFC Legal
Department, was the only counsel authorized as Counsel of Record for BAC in Samaan v
Zernik (SC087400).
Therefore, review of the records in the period noted above revealed that Mr Mayopoulos
prevented further alleged criminality by the Legal Department of CFC, who had engaged in
false employment of outside counsel in Dr Zernik's case, similar to what was described in
opinion of Judge Bohm. However, Mr Mayopoulos refused to take corrective actions regarding
fraud conducted by CFC prior to July 1, 2008. Complaints, which were filed by Dr Zernik with
the Audit Committee of BAC pursuant to Sarbanes Oxley Act (2002) were not reviewed. No
disclosures were made to the Audit Committee regarding fraud by management (Sandor
Samuels - Chief Legal Officer of CFC, by then - Associate General Counsel of BAC), and false
certifications were signed by BAC officers pursuant to Sarbanes Oxley Act (2002) in periodic
reports to SEC.
US law enforcement agencies would not enforce the law at BAC and CFC. No matter how
credible the evidence of criminality was in records that were filed by Dr Zernik with such
agencies. No US agency would take any action against these financial institutions. Such
conduct also amounted to refusal to provide Dr Joseph Zernik Equal Protection under the law.
Such absurd position was also evidenced in the litigation of SEC v BAC (1-09-cv-06829) at the
US District Court, NY.
2) Period from December 10, 2008 (replacement of Timothy Mayopoulos by Brian

Moynihan as General Counsel at BAC) and to this date
Upon review of records in Dr Zernik's case, a reasonable person would conclude that BAC,
starting December 10, 2008, abandoned any notion of compliance with the law, which was
attempted under the leadership of Timothy Mayopoulos at the office of General Counsel. With
the appointment of Brian Moynihan as General Counsel on December 10, 2008, BAC started
flaunting of its alleged criminality. On the other hand - US law enforcement agencies continued
their position of refusal to enforce the law at BAC.
a) Resumption and flaunting of alleged criminality within 24 hours from ouster of

Timothy Mayopoulos.
Dr Zernik was not aware at the time of the ouster of Mr Mayopoulos. However, he was
Page 8/11 March 6, 2010
astonished on December 11, 2008, with the resumption of alleged criminalities by BAC -
alleged retaliation, intimidation and harassment of a victim/ witness/informant through renewed
false appearances by Bryan Cave, LLP. [3]
The actions that were falsely taken by Bryan Cave, LLP and BAC at that time were seen as
flaunting of criminality: Brian Cave, LLP filed ex parte application for shortened notice hearing
on OSC contempt and serious sanctions against Dr Zernik. The main claim being that Dr
Zernik was guilty of contempt in calling the office of BAC General Counsel Mayopoulos and
finding out that Bryan Cave, LLP was engaged in alleged criminalities at the court in Los
Angeles. [4]
It was alleged that such conduct, taking place less than 24 hours after the ouster of Mr
Mayopoulos and his replacement by Mr Moynihan, could not have taken place absent
permission, or at least cognizance by Mr Moynihan. It was further alleged that upon discovery
it would be found that Mr Moynihan in fact permitted Mr Sandor Samuels to resume the
alleged criminal practices of the former CFC Legal Department, in fact relieving the CFC Legal
Department from requirements publicly stated in the BAC Outside Counsel Procedures, which
purported to guarantee investors and the public at large honest conduct by the office BAC
General Counsel. [5]
b) Flaunting by the former CFC Legal Department their exemption from procedures
of the BAC General Counsel
The flaunting of alleged criminality in appearances of Bryan Cave, LLP, and exemption of the
former CFC Legal Department from supervision by the BAC office of General Counsel
procedures was particularly noted in March 18, 2009 email notice by Todd Boock, [6] in-house
counsel of the former CFC Legal Department, to Dr Zernik. Mr Boock was repeatedly noted
by BAC office of General Counsel as the ONLY counsel authorized as Counsel of Record in
Samaan v Zernik (SC087400). The email was addressed to Dr Zernik and copied to Phil
Wertz of the BAC General Counsel Office, stating falsely that Bryan Cave, LLP should be
addressed by Dr Zernik in matters pertaining to Samaan v Zernik, and that Zernik should
ignore all information he had previously received to the contrary from office of the BAC
General Counsel in that matter.
c) False and deliberately misleading responses by office of Brian Moynihan to the

US Office of Comptroller of the Currency on Zernik's complaint (#00971981)
In late September 2009 Dr Zernik filed complaint against BAC with US Office of the
Comptroller of the Currency (#00971981).
Three main issues were noted in the complaint:

1) Refusal of BAC and its Audit Committee to pronounce on hundreds of false banking
records produced by CFC and false court actions that were conducted by CFC and later BAC,
and were subject of repeated complaints by Dr Zernik to the Audit Committee of BAC.
2) False appearances by Outside Counsel which was not Counsel of Record - Bryan Cave,
LLP. A clear statement was requested by authorized person at BAC, whether Bryan Cave
LLP was Counsel of Record in Samaan v Zernik (SC087400), and if so - to specify the date of
such engagement.
3) Collection of funds by parties that were related to CFC or BAC, purported as sanctions
against Dr Zernik, from Attorney David Pasternak, falsely representing himself as "Receiver"
for enforcement of judgment that never existed as a valid entered judgment, and who failed to
obtain valid appointment order as Receiver, as required by law. Such conduct by CFC and
BAC was alleged as money laundering, or monetary transactions in funds derived from
specified prohibited conduct.
By January 1, 2010, the date of appointment of Brian Moynihan as President and CEO of
BAC, BAC failed to respond at all on Dr Zernik's complaint to OCC, over 2 months earlier, in
disregard of standard time-frames stated by OCC. Moreover, by that time OCC claimed to
have twice "escalated" the complaint.
Page 9/11 March 6, 2010
Such state of affairs was reported by Dr Zernik, starting late December 2009 to both Brian
Moynihan, by then announced as the newly appointed CEO/President of BAC, and to Mary
Schapiro, Chair of SEC. Both Schapiro and Moynihan acknowledged receipt of Dr Zernik's
notices. In such notices Dr Zernik claimed that the refusal of BAC to respond on complaint
filed with OCC, alleging fraud by BAC management, must be deemed material deficiency in
itself, given the seriousness of the allegations. Therefore, Dr Zernik claimed that the refusal to
respond on the complaint to OCC must be accordingly disclosed to the BAC Audit Committee,
and also in periodic reports to SEC and investors.
Consequently, on January 8, 2010, response letter was issued on the complaint to OCC
(#00971981) [7] [8] by the office of BAC CEO/President Brian Moynihan. Two copies were
provided below of such response. One [7] is the copy which was mailed to Dr Zernik, and the
other was the copy which was faxed to OCC, and was obtained by Dr Zernik through FOIA-
request. [8] Both copies show the same feature - although they were noted in the body of the
response as transmitted from Charlotte, North Carolina, office of Brian Moynihan, President &
CEO, they passed on the way through California, presumably at the former CFC Legal
Department, prior to being forwarded to their final destinations.
It was alleged that upon discovery, it would be found that such response amounted to fraud,
which was tightly coordinated by Mr Brian Moynihan himself and Mr Sandor Samuels and/or
Mr Todd Boock at the former CFC Legal Department.
The nature of the fraud was three-fold:

1) Regarding the alleged fraud in CFC banking records that had been produced in
response to legal subpoenas, BAC refused to make any pronouncement. Instead, it made a
false and deliberately misleading statement that it would not produce loan records to Dr
Zernik. Dr Zernik never requested production of loan records. All such loan records had
already been produced. Instead, Dr Zernik only requested review by the Audit Committee of
his claims of large scale fraud in banking records that had already been produced and falsely
represented as true and valid loan records..
2) Regarding authorization of Bryan Cave, LLP, if any, as Outside Counsel of Record
under caption of Samaan v Zernik (SC087400), BAC failed to make any explicit, valid
statement by an authorized person. Neither did BAC state a date of enlargement. However,
BAC did make in its response a statement pertaining to Bryan Cave, LLP, that should be
deemed upon review as fraud.
3) BAC failed to respond on the issue of monetary transactions conducted with Attorney
David Pasternak. BAC never disclosed who the recipients of the funds were, and what the
designation of such transactions in BAC accounting was.
It should be noted that at least two such transactions were recorded by the false "Receiver"
Attorney David Pasternak, who was and is a close personal friend of Mr Sandor Samuels. [9],
[10]
It should also be noted that in a phone call by Dr Joseph Zernik to OCC on March 5, 2010, he
was informed that OCC had not made any determination on his complaint against BAC
(#00971981) to that date. Such delay was inexplicable, and fell outside any of the stated time
frames for response by OCC on complaints by individuals against national banks, as stated by
OCC staff.
In sum:
The state of affairs stemming from the 2008 merger of BAC with an alleged corrupt
organization that was CFC, which was chaperoned/coerced by senior US officers, was that
BAC top management was flaunting alleged criminality, while US law enforcement agencies
were consistent in their refusal to enforce the law. Such state of affairs was inconsistent with
the rule of law, with the US Constitution, with the Basel Accords on international banking, and
with investors' interests.
Page 10/11 March 6, 2010
Links:
[1] January 8, 2008 Three recreated letters and a transcript from Case of Borrower Sharon
Diane Hill (01-22574).
Publication of the story by the NYT on January 8, 2008 caused the collapse of Countrywide
Financial Corporation, and "tremors" to financial markets.
http://www.scribd.com/doc/25003494/08-01-08-Countrywide-Recreated-Letters-Transcript-in-
case-of-Borrower-Hill-Pittsburgh-PA-s
[2] March 5, 2008 Memorandum Opinion of Judge Jeff Bohm, in case of Borrow William Alan
Parsley (05-90374).
The opinion provided detailed analysis of the malicious litigation practices of Countrywide
Financial Corporation in courts across the United States. Of Particular interest was Judge Jeff
Bohm's analysis of the practice involving employment of false counsel who was not counsel of
record and who was employed with "no communications with clients" clause. The opinion was
based in part on a year-long study by the US Trustee of litigation practices of Countrywide
Financial Corporation across the United States.
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
[3] December 11, 2008 - false notice by Bryan Cave, LLP on behalf of Non Party Countrywide
Home Loans, Inc barely 24 hours after the ouster of Timothy Mayopoulos as General Counsel
of Bank of America Corporation resumption of obstructionist/malicious conduct by false
counsel, who was not counsel of record under caption of Samaan v Zernik (SC087400) at the
Superior Court of California County of Los Angeles. Bryan Cave, LLP attorney deliberately
made such notices defective on their faces, nevertheless, the intended harm was affected.
The case number in the notice is false, and the signature was invalid - not even in the name of
an attorney, let alone counsel of record.
http://www.scribd.com/doc/27932293/08-12-11-Bryan-Cave-LLP-Notice-of-Ex-Parte-
Appearance-on-Behalf-of-Non-Party-Countrywide-Home-Loans-Inc
[4] December 15, 2008 Ex parte application by Non Party Countrywide for short notice hearing
on contempt and sanctions against Dr Zernik. Such court actions were alleged
retaliation/intimidation/harassment against witness/victim/informant and also
obstruction/perversion of justice. The application was deemed as an act of flaunting criminality,
since it was based on a claim of contempt related to Dr Zernik contacting the office of BAC
General Counsel and obtaining information that Bryan Cave,LLP was NOT authorized to
appear in court under Samaan v Zernik (SC087400).
http://www.scribd.com/doc/27932188/08-12-15-Countrywide-Ex-Parte-Application-for-a-Short-
Notice-Hearing-on-Motion-for-OSC-Contempt-and-Sanctions
[5] April 2008 the published BAC Outside Counsel Procedures. Obstructionist conduct by
outside counsel is strictly prohibited. Outside Counsel is not allowed to appear unless
authorized by BAC office of the General Counsel, and Outside Counsel is required to report
per Sarbanes Oxley Act (2002) section 307. Bryan Cave, LLP, and the former CFC Legal
Department, headed by Sandor Samuels were exempted from all such procedures starting
December 11, 2008, under Bryan Moynihan.
http://www.scribd.com/doc/27932516/08-12-11-Bank-of-America-Outside-Counsel-
Procedures-s
[6] March 18, 2009 email notice by Todd Boock, in-house counsel of the former CFC Legal
Department, addressed to Dr Joseph Zernik and copied to Phil Wertz from the BAC office of
General Counsel. While Todd Boock was the truly listed counsel of record in Samaan v Zernik
(SC087400) according to the General Counsel of BAC, he refused to communicate on the
matter, and referred it to false counsel Bryan Cave, LLP. He copied the notice to Wertz, to
negate the opposite information, repeatedly provided by Mr Wertz to Dr Zernik, but with no
legal foundation.
Page 11/11 March 6, 2010
http://www.scribd.com/doc/27932604/09-03-18-Samaan-v-Zernik-SC087400-Email-notice-by-
Bank-of-America-In-house-Counsel-Todd-Boock-to-Joseph-Zernik-s
[7] January 8, 2010 copy of response from office of Brian Moynihan, BAC CEO & President on
complaint to OCC (#00971981) - as mailed to Dr Zernik. It was alleged that such response
should be deemed as fraud, tightly coordinated by office of Mr Brian Cave and the former CFC
Legal Department - Mr Sandor Samuels and/or Mr Todd Boock.
http://www.scribd.com/doc/27932742/10-01-08-Bank-of-America-Response-letter-by-office-of-
President-CEO-Brian-Moynihan-to-Office-of-Comptroller-of-the-Currency-on-Zernik-s-
Complaint-0
[8] January 8, 2010 copy of response from office of Brian Moynihan, BAC CEO & President on
complaint to OCC (#00971981) - as faxed to OCC. It was alleged that such response should
be deemed as fraud, tightly coordinated by office of Mr Brian Cave and the former CFC Legal
Department - Mr Sandor Samuels and/or Mr Todd Boock.
http://www.scribd.com/doc/27932890/10-01-08-Bank-of-America-Response-letter-by-office-of-
President-CEO-Brian-Moynihan-to-Office-of-Comptroller-of-the-Currency-on-Zernik-s-
Complaint-J
[9] January 14, 2009 Report by David Pasternak, listing payment on December 2, 2008 of
$7,500 to Countrywide Home Loans. Neither BAC nor Bryan Cave, LLP would answer
regarding the identity of the party that collected such funds and their designation.
http://www.scribd.com/doc/27933024/09-01-14-Samaan-v-Zernik-SC087400-Attorney-David-
Pasternak-s-false-fourteenth-interim-report-s
[10] February 24, 2009 Pasternaks Report, listing payment of $5,564 50 to Countrywide Home
Loans.
http://www.scribd.com/doc/27933161/09-02-24-Samaan-v-Zernik-SC087400-Attorney-David-
Pasternak-s-false-16th-interim-report

10-03-06 Bank of America: Complaint Against US Office of Comptroller of The Currency Filed With Eric Thorson Treasury Inspector General

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

10-03-06 Bank of America: Complaint Against US Office of Comptroller of The Currency Filed With Eric Thorson Treasury Inspector General

Uploaded by

Copyright:

Available Formats

Dr Z

Joseph Zernik, PhD

Date: Sat, 06 Mar 2010 13:30:40 -0800

Joseph Zernik, PhD

Date: Sat, 06 Mar 2010 13:12:41 -0800

Bank of America Corporation (#00971981)

John Dugan, Comptroller of the Currency

Dear Mr Dugan, Mr Bailey, and Office of the Comptroller of the Currency:

Joseph Zernik, PhD

Date: Sat, 06 Mar 2010 13:03:21 -0800

David Kotz, Inspector General

Joseph Zernik, PhD

Mary L Schapiro, Chair

Joseph Zernik, PhD

Date: Sat, 06 Mar 2010 12:51:08 -0800

Ed O'Keefe, General Counsel

The letter was also posted at:

Joseph Zernik, PhD

Joseph Zernik, PhD

10-03-06 Requesting Brian Moynihan, BAC President/CEO to disclose to Bank of

Brian Moynihan, President/CEO

RE: Requesting Brian Moynihan, BAC President/CEO to disclose to Bank of America

1) Brian Moynihan, President/CEO

2) Sandor Samuels, Associate General Counsel.

Joseph Zernik, PhD

10-03-06 Alleged fraud and other criminalities by Brian Moynihan, President/CEO of

against Dr Joseph Zernik, and response by office of Brian Moynihan to complaint of Dr

2) Period from December 10, 2008 (replacement of Timothy Mayopoulos by Brian

a) Resumption and flaunting of alleged criminality within 24 hours from ouster of

c) False and deliberately misleading responses by office of Brian Moynihan to the

Three main issues were noted in the complaint:

The nature of the fraud was three-fold:

You might also like