Case: 17-1381 Document: 00117316682 Page: 1 Date Filed: 07/23/2018 Entry ID: 6185308

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

MOHAN A. HARIHAR, )
)
Plaintiff/Appellant, )
) Case No. 17-1381
v. )
)
US BANK, et al )
)
Defendants/Appellees. )

APPELLANT RESPONSE TO JULY 17, 2018 ORDER, VACATING JUDGMENT

The Appellant – MOHAN A. HARIHAR, acting pro se, respectfully files this RESPONSE,

following the Court’s July 17, 2018 ORDER to recall the March 23, 2018 MANDATE; also

vacating the January 17, 2018 JUDGEMENT and all related orders. The Appellant is certainly

grateful to this Court for initiating this necessary, corrective action. However, based on the

Appellant’s interpretation of Federal Law, the order does fall substantially short of correcting

ALL existing, unresolved issues. While the Court re-assigns this Appeal to another panel, there

is an IMMEDIATE SENSE OF URGENCY to FIRST address the following:

1. Assistance with the APPOINTMENT OF COUNSEL pursuant to 28 U.S.C. §1915;

2. Re-establishing a BALANCE OF HARDSHIPS – beginning with an immediate

injunction which AT MINIMUM addresses the Appellant’s HOUSING AND

TRANSPORTATION HARDSHIPS;
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3. CLARIFICATION FROM THE DOJ RE: CRIMINAL INDICTMENTS - The

Appellant has made very clear, his intentions to enjoin this civil action(s) with Criminal

indictments against ALL responsible parties,1 through the assistance of Federal

Prosecutors. This Court is aware that the Executive Branch of Government – including

POTUS, the DOJ and FBI, have been regularly copied on ALL related Court filings

since the Discovery of evidenced Treason claims under Article III. As a matter of

record, criminal complaints have long been filed with the FBI for the specific purpose of

bringing criminal indictments. It remains unclear as to what is causing a delay for the

Executive Branch/DOJ to officially respond. With the assistance of the Court, the

Appellant now seeks clarification from the DOJ to reveal a timeline for Federal

Prosecutors to enjoin the Appellant’s civil efforts to bring criminal indictments against

ALL referenced parties. The Court is respectfully reminded that Assistant US Attorneys

– Mary Murrane and Dina Chaitowitz (MA Boston Office), have personally

witnessed much (if not all) of the referenced criminal claims of record.

On July 15, 2018, following: (1) The 7/11/18 announcement of the President’s

Executive Order regarding the Establishment of the Task Force on Market Integrity

and Consumer Fraud; and (2) The Appellant’s filed 7/13/18 EMERGENCY

MOTION for a HEARING, CLARIFICATION and INJUNCTION, an email

communication was delivered to the attention of Assistant US Attorney – MARY

MURRANE.2 As a reminder, Asst. US Attorney Murrane is representing counsel to The

1
Including (but not limited) to the named Appellees/Defendants and referenced Officers of the
Court.
2 See Exhibit 1
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UNITED STATES in the RELATED Appeal No. 17-2074, HARIHAR v THE

UNITED STATES. The email communication called for the US Attorney’s Office (MA)

to TIMELY update the Court regarding the Appellant’s filed criminal complaints and the

DOJ’s intentions to formally bring criminal indictments. It remains unclear as to what

is causing a delay for a response from the US Attorney’s Office. It is also unclear as to

whether AG Sessions and the newly created taskforce have been officially updated with

these recent events.

4. Impacted Litigation – The Appellant respectfully makes clear that the July 17th order

impacts the following Federal AND State litigation, directly related to this Appeal:

a. HARIHAR v THE UNITED STATES, Appeal No. 17-2074 (Lower Docket

No. 17-cv-11109);

b. HARIHAR v. CHIEF JUDGE JEFFREY R. HOWARD, et al., Docket No.

18-cv-11134;

c. HARIHAR v. WELLS FARGO, et al, Docket No. 18-MISC-000144 (MA

Land Court);

d. HARIHAR v. US BANK, et al, Docket No. 11-04499 (Middlesex Superior

Court);

e. US BANK NA v. MOHAN A. HARIHAR, Docket No. 11-SP-3032 (Northeast

Housing Court).

Upon filing this response, the Appellant will also inform the referenced Courts of this

recent development by LEGAL NOTICE;

5. Remaining Jurisdiction and Judicial Misconduct Issues – Moving forward, there

remains critical concern surrounding JURISDICTION in this First Circuit. The

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Appellant has evidenced for the record – and in FULL PUBLIC VIEW, jurisdiction and

judicial misconduct claims against TEN (10) FEDERAL (District and Circuit) Court

Judges. This Court is aware that the severity of these claims – including (but not limited

to) TREASON claims under ARTICLE III, RICO, Judicial Fraud, Conspiracy,

Economic Espionage and others has necessarily led to informing the following

Offices/Agencies/Courts:

a. POTUS;

b. SCOTUS3;

c. The Administrative Office of US Courts – specifically, Director James C.

Duff;

d. The US Office of the Inspector General – specifically, IG Michael Horowitz;

e. The Department of Justice (DOJ) – including the US Attorney’s Office

(MA);

f. The Federal Bureau of Investigation (FBI)

g. Members of Congress – (1) US Senator Elizabeth Warren (D-MA); (2) US

Senator Ed Markey (D-MA); and (3) US Congresswoman Niki Tsongas (D-

MA). The Appellant has also regularly informed and updated BOTH the House

and Senate Judiciary Committees (via Social Media, specifically –

TWITTER); and

h. Governor Charlie Baker (R-MA).

3
Reference Application 17A-1359, and the Appellant/Petitioner Motion requesting a timeline
extension for filing his Petition for Writ of Certiorari, based on the severity of unresolved issues,
including judicial misconduct. SCOTUS granted the motion on June 8, 2018, acknowledging
the extraordinary circumstances warranting such an extension.
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There certainly remains a concern regarding the overall INTEGRITY and

IMPARTIALITY of this First Circuit. If after assigning a new panel of judges, a similar

PATTERN OF CORRUPT CONDUCT is evidenced, TRANSFER to a different

Circuit or even CONGRESSIONAL INTERVENTION may be deemed necessary.

Once JURISDICTION has been re-established the UNOPPOSED Fraud on the Court

Claim under Fed. R. Civ. Proc. 60(b)(3) MUST BE ACKNOWLEDGED AND

UPHELD; resulting in a DEFAULT Judgement, in favor of the Appellant –

MOHAN A. HARIHAR, with PREJUDICE.

6. Economic Espionage and National Security Concerns – Once a new panel of Circuit

Judges has been selected (and jurisdiction has once again been established), the

Appellant will look for the Court to acknowledge ALL evidenced claims of record

involving the Appellant’s Intellectual property/Trade Secret, Economic Espionage

claims pursuant to 18 U.S.C. § 1832 and the overall perceived threat to our Nation’s

Security. Any continued failure to acknowledge these evidenced claims will again show

cause for Transfer and question the impartiality and intentions of this Court;

7. Appellant’s GOOD FAITH Opportunity to Reach Agreement – The Appellant

recognizes the potential impact of a DEFAULT judgment if the law is ultimately upheld

in a $42B lawsuit. The Appellant respectfully makes clear for the record that it is not

his intention to bankrupt the Commonwealth or to cause havoc upon Financial

markets. It is in fact, exactly the opposite. Anyone who has taken the time to understand

the referenced IP/Trade Secret belonging to the Appellant knows that the CLEAR
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INTENTION is to ultimately assist THE UNITED STATES with Economic Repair4 and

Growth. While certainly under NO obligation to do so, the Appellant – as a SIGN OF

HIS CONTINUED GOOD FAITH, is willing to CONSIDER entering into a

discussion to reach a mutual agreement with ALL parties.

8. Reimbursement for the Appellant’s TIME – The list of extraordinary circumstances

leading to the 7/17/18 order vacating judgement shows that a substantial amount of

time has been wasted – both the Appellant’s as well as the Court’s time.

THEREFORE, prior to moving forward, the Appellant seeks reimbursement for his

time, which is considered no less valuable than that of opposing counsel. A hearing is

now respectfully requested to discuss the details and timeliness of reimbursement to the

Appellant.

9. Concerns RE: Personal Safety and Security – Prior to moving forward and considering

the perceived threats to National Security, the Appellant respectfully calls for this Court

to finally acknowledge for the record, his continued concerns for his personal safety and

security.

For documentation purposes, after sending a copy of this RESPONSE to the attention of

POTUS, confirmation of its receipt is attached (See Exhibit 2) with the filed Court copy. A

copy will also be made available to the PUBLIC out of the Appellant’s continued concerns for

his personal safety and security. If there is a question regarding ANY portion of this response,

the Appellant is happy to provide additional supporting information upon request.

4
Economic Repair – References damages suffered as a result from the US Foreclosure/
Financial Crisis of 2008.
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Respectfully submitted this 23rd Day of July, 2018.

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
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Exhibit 1
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---------- Forwarded message ----------

From: Mohan Harihar <moharihar@gmail.com>
Date: Sun, Jul 15, 2018 at 11:45 AM
Subject: RE: EMERGENCY Hearing Requested for 7/17/18 & New Executive Order
To: mary.murrane@usdoj.gov
Cc: "Constituent.services@state.ma.us" <constituent.services@state.ma.us>,
elizabeth_warren@warren.senate.gov, Nairoby_Gabriel@warren.senate.gov,
scheduling@warren.senate.gov, sydney_levin-epstein@markey.senate.gov, june.black@mail.house.gov,
christina.sterling@usdoj.gov, boston@ic.fbi.gov, washington.field@ic.fbi.gov, NewYorkComplaints Dojoig
<dojoig.newyorkcomplaints@usdoj.gov>

Dear Assistant US Attorney Murrane,

On Friday, July 13, 2018, I filed an EMERGENCY MOTION with the First Circuit Appeals Court
requesting a hearing on Tuesday, July 17, 2018, to address UNRESOLVED ISSUES impacting my
CERTIORARI Petition to SCOTUS (Reference Appeal No. 17-1381, HARIHAR v. US BANK et al). A
copy of the filed motion has been attached as reference. As representing counsel in the RELATED
Appeal - HARIHAR v. THE UNITED STATES (Appeal No. 17-2074), both you and your co-counsel -
Asst. US Attorney Dina Chaitowitz are well aware of these referenced issues involving evidenced
CRIMINAL claims including (but not limited to): (1) Acts of TREASON under ARTICLE III; (2)
ECONOMIC ESPIONAGE pursuant to 18 U.S.C. § 1832; (3) Civil/Criminal RICO Violations pursuant
to 18 U.S.C. § 1961; and additional violations which collectively are perceived to impact our Nation's
Security (See also, HARIHAR v. CHIEF JUDGE JEFFREY R. HOWARD, et al, Docket No. 18-cv-
11134).

You are also aware that criminal complaints have long been filed with the FBI and DOJ to address
these evidenced claims for the specific purpose of bringing criminal charges against ALL responsible
parties. You are aware that by Federal Law - POTUS has necessarily been informed and regularly
updated, since these claims include evidenced acts of Treason and matters perceived to impact National
Security. As a matter of Federal record, there are now over FORTY (40) documented email
communications to the White House (via WH.gov) - specifically to POTUS since the discovery of
Treason claims in August 2015 (and also well before the current administration took office). As an
incremental means of communication, specifically - TWITTER, I have continued to update POTUS,
members of Congress, DOJ, FBI, OIG, etc... as well as the PUBLIC out of continued concerns for my
personal safety and security.

On Wednesday, July 11, 2018, POTUS signed an Executive Order Regarding the Establishment of
the Task Force on Market Integrity and Consumer Fraud. I say with complete confidence that this
litigation(s) has irrefutably played a key role - at least in part in creating this Executive Order.

It is unclear as to WHY, Federal Prosecutors have failed thus far to bring criminal charges here in this
litigation - for crimes so blatantly evidenced in Federal record. It is also unclear as to WHY the DOJ -
specifically your office, has remained silent when directly asked to provide a response. Now, with the
signing of this Executive Order, I am respectfully calling for the US Attorney's Office (MA) to bring these
matters to the direct attention of Attorney General Sessions, as head of this newly created Task
Force. I also request that you timely provide for the record an update for the Court in both referenced
Appeals (17-1381 and17-2074).

Please be advised, due to the severity of issues associated with this litigation, the following
offices/agencies will receive copies of this email communication (either directly and/or via social media):
(1) POTUS; (2) Governor Charlie Baker (R-MA); (3) US Senator Elizabeth Warren (D-MA); (4) US
Senator Ed Markey (D-MA); (5) US Congresswoman Niki Tsongas (D-MA); (6) DOJ; (7) FBI and (8)
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OIG. A copy will also be made available to the PUBLIC out of continued concerns for my personal safety
and security. Thank you for your attention to this very serious matter.

GOD BLESS THE UNITED STATES OF AMERICA!

Respectfully,

Mohan A. Harihar
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Exhibit 2
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CERTIFICATE OF SERVICE

I hereby certify that on July 23, 2018 I electronically filed the foregoing with the Clerk of Court
using the CM/ECF System, which will send notice of such filing to the following registered
CM/ECF users:

Jeffrey B. Loeb
David Glod
David E. Fialkow
Kevin Patrick Polansky
Matthew T. Murphy
Kurt R. McHugh
Jesse M. Boodoo

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com