Dr Z

Joseph Zernik, PhD

PO Box 526, La Verne, CA 91750;
Fax: 801 998-0917; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

TUESDAY, JANUARY 12, 2010

10-01-12 Correspondence with Mary Schapiro - Chair, SEC, Kevin Bailey - Deputy Comptroller of
the Currency, Brian Moynihan - President, Bank of America (BAC), and the Basel Accords
Committee

Date: Tue, 12 Jan 2010 08:35:28 -0800

To: "US Gov, NGOs, and law school faculty"
From: joseph zernik
Subject: Correspondence with Mary Schapiro - Chair, SEC, Kevin Bailey - Deputy Comptroller of the Currency, Brian Moynihan - President, Bank of
America (BAC), and the Basel Accords Committee in re: Conduct of Countrywide and BAC Home Loans in the courts of Los Angeles County,
California.

To: US government agencies, NGOs, and law school faculty

RE: Correspondence with Mary Schapiro - Chair, SEC, Kevin Bailey - Deputy Comptroller of the
Currency, Brian Moynihan - President, Bank of America (BAC), and the Basel Accords Committee in
re: Conduct of Countrywide and BAC Home Loans in the courts of Los Angeles County, California.
The correspondence below pertains to allegations of racketeering by Countrywide's Legal Department, later BAC
Home Loans, in the courts of Los Angeles County, California, under the direct guidance of Sandor Samuels, former
Chief Legal Officer of Countrywide and today - Associate General Counsel of BAC.
The correspondence further pertains to refusal of BAC to respond to complaint filed with office of the US Comptroller
of the Currency, Case # 00971981, regarding the conduct of Countrywide and BAC in the courts of Los Angeles
County, California.
The correspondence also pertains to refusal of SEC to investigate complaints on such matters since early 2007.
Finally, the correspondence included repeat notices to Brian T Moynihan, President of BAC and to the legal staff
of BAC, regarding reporting requirements pursuant to Sarbanes Oxley Act (2002) 307.
The conduct of Mr Moynihan relative to certifications pursuant to Sarbanes Oxley Act (2002) in his first
periodic reports would be telling regarding the nature of his tenure at the helm of BAC, just beginning.
The conduct of US regulators, as seen so far in this case, contradicted any statement by regulators to US
Congress of "shoring up" the system. Moreover, such conduct by US regulators exposed US and world financial
markets to unreasonable risks. Such conduct by US regulators defied any notion of the US as a good faith party
to the Basel Accords, or compliant with ratified International Law.
Truly,

Joseph Zernik
http://inproperinla.blogspot.com/

Page 2/2 January 13, 2010

http://www.scribd.com/Free_the_Rampart_FIPs
Patriotic pics of Sharon Stone, Beyonce' Knowles, and Charlize Theron,
Coming soon- deep house music!

____________________________________
Table of Contents:

A. January 11, 2010: Joseph Zernik to Mary L Schapiro, SEC Chair;

RE: Addendum to complaint against BAC, pertaining to refusal to respond to OCC, Case #00971981

B. January 11, 2010: Mary L Schapiro, SEC Chair to Joseph Zernik;

RE: Acknowledgment of receipt and reading of complaint against BAC and referral to staff.

C. January 10, 2010: Joseph Zernik to Sandor Samuels, in-house legal staff of BAC Home Loans, and false
Outside Counsel Bryan Cave, LLP;

RE: Reminder of reporting requirements per Sarbanes Oxley Act (2002) 307, and notice of material
deficiencies evidenced both in OCC complaint, Case #00971981, and in refusal of BAC to respond to
OCC on such complaint.

D. January 7, 2010: Joseph Zernik to Mary L Schapiro, SEC Chair

RE: Request for acknowledgment of receipt of complaint against BAC and notice to Brian Moynihan
pursuant to Sarbanes Oxley Act (2002) dated Jauanry 6, 2010.

E. January 6, 2010: Joseph Zernik to Brian T Moynihan - BAC President, Mary Schapiro - SEC Chair, Kevin
Bailey - Deputy Comptroller, OCC, and US representative to the Basel Accords Committee, and the Basel
Accords Committee;

RE: Notice pursuant to Sarbanes Oxley Act (2002) 307, and notice of material deficiencies evidenced in
OCC complaint, Case #00971981.

F. January 6, 2010 Kevin Bailey to Joseph Zernik

RE: Refusal of BAC to respond to OCC complaint, Case #00971981

G. December 20, 2009: Brian Moynihan - BAC President to Joseph Zernik

RE: Acknowledgment of receipt and reading of notice in re: Conduct of Countrywide and BAC Home Loans
in the courts of Los Angeles County, California, and refusal of BAC to respond to complaint on such matters
to OCC, Case #00971981.

Page 3/2 January 13, 2010

____________________________________
Correspondence:
____________________________________
A. On Monday, January 11, 2010, Joseph Zernik wrote:

Date: Mon, 11 Jan 2010 21:39:54 -0800

To: "Schapiro, Mary L."
From: joseph zernik
Subject: Addendum to SEC Complaint against Bank of America Corporation (BAC), receipt acknowledged by Ms Schapiro, Chair,
January 11, 2010, and request for notices of responses by BAC and disposition of the case.
Bcc: "Moynihan, Brian T" "Attention Brian Moynihan" "David Kotz", "Kevin Bailey" "Attention Jacqueline van Cornewal" "Mr Stefan
Walter", "Standards implementation- Mr Jos Mara Roldn", "Validation Subgroup- Mr Maarten Gelderman", "The Operational Risk
Subgroup- Mr Kevin Bailey, Deputy Comptroller", "Accounting Task Force- Ms Sylvie
Mathrat",

Mary Schapiro, Chair

SEC

RE: Addendum to SEC Complaint against Bank of America Corporation (BAC), receipt
acknowledged by Ms Schapiro, Chair, January 11, 2010

Dear Ms Schapiro:

Thanks for acknowledging receipt of my message of January 7, 2010.

Given that SEC never provided any reference numbers to any of my previous complaints in this matter,
since early 2007, and never acknowledges opening (of for that matter - closing) any cases in response to
such complaints, let me refer from now on to instant complaint against BAC as "SEC Complaint against
Bank of America Corporation (BAC), receipt acknowledged by Ms Schapiro, Chair, January 11, 2010."

Please accept my email notice below, dated January 10, 2010, as an addendum to SEC Complaint against
Bank of America Corporation, receipt acknowledged by Ms Schapiro, Chair, January 11, 2010. In the
January 10, 2010 notice to attorneys of Bryan Cave, LLP and to in-house legal staff of BAC, I reminded
them of reporting requirements pursuant to Sarbanes Oxley Act (2002) S 307, 17 CFR 205. I also noticed
them of the refusal of BAC to respond to OCC Case # 00971981, for over three months, in disregard of
OCC's two stated "escalations" of the case. My instant addendum claims that the refusal of BAC to
respond to OCC case #00971981, in itself, was and is direct evidence of material deficiency in integrity of
operations at BAC.

My complaint to OCC was supported by reports of fraud experts of the highest reputation and full
documentary evidence. The allegations included, but were not limited to:
a) Conduct that amounted to racketeering by individual affiliated or associated with Countrywide Financial
Corporation (CFC), and later with BAC, at the Superior Court of California, County of Los Angeles
b) Money laundering transactions between Attorney David Pasternak and Bryan Cave, LLP - acting as
purported Outside Counsel of CFC, and later BAC.
c) Tampering with a witness - Diane Frazier - former senior underwriter at CFC.
d) Harassment, retaliation, intimidation of a witness, informant and victim - Joseph Zernik.
e) Employment and court appearances by false Outside Counsel - one of the largest law firms in the US -
Bryan Cave, LLP.
f) Conduct amounting to obstruction and perversion of justice by such false Outside Counsel.
g) Direct involved in alleged criminalities by Sandor Samuels - former Chief Legal Officer of CFC, and today
- Associate General Counsel of Bank of America Corporation - past and present holder of direct reporting
duties to SEC.
h) Refusal of the Audit Committee of BAC to address complaints filed pursuant to Sarbanes Oxley Act
(2002)

I also provided evidence that my case was not unique, that CFC Legal Department under the leadership of
Mr Sandor Samuels engaged for years in similar conduct in courts across the US.

I therefore suggest that the case is worthy of attention by SEC, and request that SEC finally investigate the
matter and provide me equal protection, both as a BAC shareholder and as the victim of alleged
racketeering by CFC, and later - BAC Home Loans.

Please also accept this message as a request for notices by SEC pertaining to SEC Complaint against
Bank of America Corporation (BAC), receipt acknowledged by Ms Schapiro, Chair, January 11, 2010:
a) Whether a case was opened by SEC pertaining to such Complaint
b) Of responses by BAC, if any;
c) Of the final disposition of the case.

Page 4/2 January 13, 2010

Regulation of public corporations and financial institutions, where SEC refused in the past three years to
provide such basic notices to me, as the complainant, and concealed responses by CFC and BAC, if any,
could not possibly be deemed as honest, valid, and effectual regulatory conduct.
Allowing allegations of the sort listed above, against senior management at BAC - recipient of some $200
billion in bailout funds, to go unexamined by SEC, would defy any notion of integrity in US financial
institutions and US Financial markets. It would also defy any notion of integrity in US banking regulation.
Furthermore, failure to investigate, and if necessary - enforce the law in this case would defy any claims of
the US government as good faith party to the Basel Accords, or for that matter - of compliance with ratified
International Law.

Please acknowledge receipt.

Truly,

Joseph Zernik
http://inproperinla.blogspot.com/
Patriotic pics of sharon stone, beyonce knowles, and charlize theron,
To be added soon- deep house music!

CC:
1) Brian T Moynihan, President, Bank of America Corporation.
2) Basel Accords Committee, including Mr Kevin Bailey, Deputy Comptroller of the Currency and US
Representative to the
Basel Committee.
4) David Kotz - Inspector General, SEC

____________________________________
B. At 14:33 January 11, 2010, Mary L Schapiro, SEC Chair wrote:

________________________________
At 14:33 11/01/2010, you wrote:

I have received your message and provided it to the appropriate staff. Thank you for contacting me.

____________________________________
C. At 09:10 AM January 10, 2010, Joseph Zernik wrote:

Date: Sun, 10 Jan 2010 09:10:24 -0800

To: Jenna Moldawsky , "Amberg, John W." < jwamberg@BryanCave.com >, "Modisett, Jeffrey A, Managing Partner- LA" <
jamodisett@bryancave.com >, "Samuels, Sandor - Legal" , "Boock, Todd A -Legal" , "Shatz, Sanford -Legal" ,
mclaurin.maria@bankofamerica.com
From: joseph zernik
Subject: RE: Samaan v Zernik (SC087400);Reporting requirements at Bank of America Corporation pursuant to Sarbanes-Oxley
Act (2002) 307 - in re: Failure to respond to OCC Case #00971981; Timely response kindly requested within 5 days.

Please accept the attached digitally signed Notices, copied below. jz

_____________________________________

Page 5/2 January 13, 2010

Joseph Zernik, PhD

PO Box 526, La Verne, CA 91750;
Fax: 801 998-0917; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd:http://www.scribd.com/Free_the_
Rampart_FIPs

10-01-10 RE: Samaan v Zernik (SC087400);

Reporting requirements at Bank of America Corporation pursuant
toSarbanes-Oxley Act (2002) 307 - in re: Failure to respond to OCC Case
#00971981; Timely response kindly requested within 5 days.

John Amberg, Bryan Cave, LLP

Todd Book, Legal, Bank of America
Maria McLaurin, Branch Manager, San Rafael Branch, Bank of America Home
Loans
Jeff Modisett, Bryan Cave, LLP
Jenna Moldawsky Bryan Cave, LLP
Sandor Samuels, Associate General Counsel, Bank of America
Sanford Shatz, Legal, Bank of America
By email.

Timely response kindly requested within 5 days.

Dear Mr Amberg, Mr Book, Ms McLaurin, Mr Modisett, Ms Moldawsky, Mr

Samuels, and Mr Shatz:

Following are several notices and requests pertaining to Samaan v

Zernik (SC087400), which require your immediate attention. Some of the items
pertain to matters, which are under purported submission with the Hon Gerald
Rosenberg, and his ruling is expected on or about January 19, 2010. In addition,
some items below require your immediate reporting to the General Counsel of Bank
of America Corporation, and also possibly to Mr Moynihan, President and Chair,
pursuant to Sarbanes Oxley Act (2002) 307, so that they may take them into
consideration relative to certifications pursuant to the same act in periodic reports
to SEC and to shareholders, now due. These would be the first such certifications
under Mr Brian T Moynihan, and therefore he deserves additional notices and
reports:
1) Please be noticed of a complaint against Bank of America Corporation, which
was filed with US Office of the Comptroller of the Currency (OCC) on
September 29, 2009, Case #00971981. So far, in disregard of two "escalations"
of the case by OCC, Bank of America Corporation entirely failed to respond on
this matter. The subject matter of the complaint to OCC is briefly outlined
below. It involved allegations of widespread criminality by individuals who
were affiliated or associated with, or employed by the Countrywide Financial
Corporation today Bank of America Home Loans. If you have any questions in
this regard, I would be happy to provide additional details.

Page 6/2 January 13, 2010

2) Please also accept this notice as my kindly request that you assist Mr Moynihan
in this regard, since you are the individuals who have the first-hand knowledge
of this matter. The ongoing failure and refusal of Bank of America Corporation
to respond on such serious matters, in itself must be deemed a material
deficiency.
3) Please accept this notice pursuant to Sarbanes-Oxley Act (2002) 307 and the
SEC Rule promulgated under 17 CFR 205: Failure of Bank of America
Corporation to respond at all to OCC complaint #00971981, which involved
serious allegations of criminality, is in itself evidence of material deficiencies in
integrity of operations and material deficiencies in effective controls at Bank of
America Home Loans.
A copy of this notice will also be forwarded to Mr Brian Moynihan, to Ms Mary
Schapiro (SEC), and to the members of the Basel Committee, including Mr
Kevin Bailey, Deputy Comptroller of the Currency and US representative to the
Basel Committee.
4) Please accept this notice as a request that Bryan Cave, LLP, and Mr Sandor
Samuels provide the full and complete information regarding monetary
transactions with Mr David Pasternak from January 1, 2008 and to this date,
purportedly conducted on behalf of Countrywide Financial Corporation and
Bank of America Corporation. In such transactions, Bryan Cave, LLP was
acting as false Outside Counsel, purporting to collect sanctions moneys on
behalf of these two corporations. The request is for:

a. The full and complete list of such monetary transactions with Mr David
Pasternak;
b. The dates and sums of the transactions;
c. For statements on the record on behalf of which parties such transactions
were conducted; and
d. The designation of such income in accounting records, if any, of the two
corporations.
Mr Sandor Samuels should be in unique position to respond on all such
matters. He is former Chief Legal Officer of Countrywide Financial
Corporation, current Associate General Counsel of Bank of America
Corporation; he is holder of direct reporting duties to SEC, and also
purported "Person in Interest" in Samaan v Zernik (SC087400) - the matter
that was the subject of the complaint to OCC.

5) Please also be noticed that I have recently communicated directly with Mr

Moynihan, President of Bank of America, and also filed with him notices
pursuant to Sarbanes-Oxley Act (2002) 307, and the SEC Rule promulgated

Page 7/2 January 13, 2010

under 17 CFR 205 pertaining to your conduct. Such notices were sent both by
email and by certified mail, return receipt, restricted delivery, and receipt was
acknowledged for both methods of communications.
6) Please be noticed that in such communications, and again, below, I provided
the overview and some details regarding your conduct:

• Since September 2004 and to this date, through conduct of Maria McLaurin,
you engaged in real estate and mortgage fraud - as opined by fraud experts -
in collusion with Jae Arre Lloyd, a convicted felon (on financial crimes as
well), who doubles as a Bank of America Home Loans/Countrywide "Loan
Originator"

• Since summer 2006 and to this date, through conduct of Maria McLaurin
and the Countrywide Legal Department, you produced hundreds of false and
deliberately misleading banking records in response to legal subpoenas.
Some of these records were since opined as fraud by fraud experts.

• In March 2007, through conduct of Messrs. Boock and Shatz in Meet and
Confer, you denied that any Internal Audit, External Audit, Pipeline, or
Imaging Reports existed in Countrywide. Mr Boock followed it up with a
declaration under penalty of perjury to the same effect.

• At least since March 2007 and to this date - you engaged in alleged extortion,
tampering with a witness -Diane Frazier former senior underwriter at Bank
of America Home Loans, San Rafael, to prevent her from being deposed.

• At least since March 2007 and to this date - you engaged in alleged
intimidation, harassment, and retaliation against a witness, informant, and
victim -Joseph Zernik - in attempt to prevent uncovering of your alleged
racketeering conduct. Such conduct included, but was not limited to death
threats.

• Since July 2007 and to this date - you engaged in alleged obstruction and
perversion of justice through employment of false Outside Counsel - Bryan
Cave, LLP.

• Since July 2007 and to this date - you engaged in alleged obstruction and
perversion of justice through the fabrication of a non-existent
Protective/Restraining Order, a copy of which you refused to ever provide.

• In January 2008 - as part of your intimidation and obstruction efforts, Mr

Sandor Samuels, through false Outside Counsel Bryan Cave, LLP, filed
Notice of Person in Interest in such matter.

Page 8/2 January 13, 2010

• In both early 2008 and early 2009 you filed false and malicious motions for
Order to Show Cause re: Contempt, and sought serious sanctions. The
former motion was filed and was heard prior to Countrywide's takeover by
Bank of America Corporation, and the latter- later than the takeover. Such
conduct was perpetrated by Countrywide, and later by Bank of America
under the false "Non Party" designation, before a judge, Terry Friedman -
who never got duly assigned to any related matter, under the caption
of Samaan v Zernik (SC087400) - which the Clerk of the Court and the
Presiding Judge refuse to certify as a matter litigated by the Superior Court
of California, County of Los Angeles.

• In both early 2008 and early 2009 in the aftermath of such false and
malicious motions for sanctions you engaged in monetary transactions with
Mr David Pasternak - purported collection of sanctions, which must upon
review be deemed monetary transactions in property derived from
prohibited conduct and money laundering.

• Since early 2009 and to this date, the Audit Committee of Bank of America
Corporation refused to respond to repeated complaints filed pursuant
to Sarbanes Oxley Act (2002).

• Since October 2005 and to this date regardless of numerous notices, you
continued in alleged extortion under the guise of litigation. Such alleged
racketeering took place under the false caption of Samaan v
Zernik (SC087400) a case, which like other captions identified since then,
including Galdjie v Darwish, Marina v LA County,Sturgeon v LA County, was
part of the alleged Equity/Enterprise Track of the LA-JR (alleged LA
Judiciary Racket).

7) For your convenience I will also follow with a table form review of the
proceedings under the purported caption of Samaan v Zernik (SC087400),
based on records I obtained from the office of the clerk of the Court on January
7, 2010. Also to be included links to all your filings in court under Samaan v
Zernik (SC087400), to be posted on Scribd.

8) Please accept this notice also as a kindly suggestion: Obviously, such direct
communications by me with Mr Moynihan, as well as instant email notice,
should be deemed by you as severe violations of the purported
Protective/Restraining Order, which you failed to ever produce a copy of.
Therefore, please accept a kindly suggestion that Bryan Cave, LLP, acting as
false Outside Counsel for Bank of America Corporation, immediately proceed
with false filings in court, under false party designation of "Non Party", to
enforce the false Protective Order, through one more malicious and fraudulent
motion for OSC Contempt and Order to Impose Sanctions with the Superior

Page 9/2 January 13, 2010

Court of California, County of Los Angeles, under false caption of Samaan v

Zernik (SC087400).

9) Please accept this notice also as an additional kindly suggestion: My ongoing

purported violations of the purported Protective/Restraining Order make it
entirely unreasonable to terminate the purported "Receivership" of Mr
Pasternak at this time. I am going to follow up with a suggestion letter in this
regard to the Honorable Gerald Rosenberg, Supervising Judge, of which you
will be served copies. I kindly suggest that you join me in such
recommendations to the Hon Rosenberg.

10) Please also accept this notice as a kindly request: There is also a purported
request for a bonus by Mr Pasternak, under purported submission with the
Hon Rosenberg. I hope that you share my sentiments in this regard, and that
you would join me in suggesting that not only Mr Pasternak, but also the Hon
Rosenberg be awarded bonuses in this case.

Obviously, there was hardly any money in this deal. A good number of
financial institutions were involved: Bank of America Corporation, Bank of
America Home Loans, Coldwell Banker Residential Brokerage, Countrywide
Financial Corporation, Countrywide Home Loans Inc, Mara Escrow, Pacific
Mortgage Consultants, Old Republic International, Union Bank, United Title,
USC Credit Union. Such list alone shows that there was not nuff guddah to go
around. However, there is no doubt that Mr Pasternak and the Hon
Rosenberg do deserve their bonuses, even if many of those who colluded never
got compensated at all.

In case the questions comes up - I am not an attorney, not even by a long shot -
however, I do not see any legal reason to prohibit the Hon Rosenberg from
taking such bonus. After all, like ALL judges of the Los Angeles Superior Court
he has been taking bonuses that were not permitted from Los Angeles County
for years, for which he, like ALL judges received retroactive
immunities/pardons, signed into law by the Governor on February 20, 2009. I
do not see any reason why judges of the Superior Court would not take
bonuses (voluntary, or coercive) also from private parties who appear in
litigations before them. If necessary, the language of the existing pardons
could be expanded, or simply liberally construed, if it ever comes to be heard
before the courts.

11) Regarding Mr Terry Friedman, who falsely represented himself as Presiding

Judge in this purported caption for full two years: I did not include him in the
recommendation for bonuses, since I believed that he had already been
adequately compensated by Countrywide Financial Corporation, Bank of
America Corporation and/or Sandor Samuels. After all, for full two years
since January 2008, Mr Terry Friedman has refused to serve his duly required

Page 10/2 January 13, 2010

Assignment Order as Presiding Judge in the purported caption. Mr Terry

Friedman also refused, since January 2008 to provide a statement on the
record, pursuant to the California Code of Judicial Ethics, regarding financial
benefits, if any, to him or to family members residing with him, from parties in
this case.
Timely response kindly requested within 5 days.

Dated: January 10, 2010

La Verne, County of Los Angeles, California

Joseph H Zernik

By: ______________
JOSEPH H ZERNIK
PO Box 526, La Verne, CA 91750
Fax: 801.998.0917
Email
Blog: http://inproperinla.blogspot.com/
Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

____________________________________
D. At 6:27 AM January 7, 2010, Joseph Zernik wrote:

From: joseph zernik [mailto:jz12345@earthlink.net]

Sent: Thursday, January 07, 2010 6:27 AM
To: Schapiro, Mary L.
Subject: OCC Case #00971981: Request for response by Bank of America Corporation, and notice
pursuant to Sarbanes Oxley Act (2002) S 307, 17 CFR 205

TO Mary Schapiro, SEC Chair

Dear Ms Schapiro:

Please accept this notice as a repeat request for acknowledgement of receipt of the notice provided to both
Mr Moynihan, President of Bank of America Corporation (BAC), and to SEC, pursuant to Sarbanes Oxley
Act (2002) 307, promulgated as SEC rule under 17 CFR 205, copied below, and attached as a digitally
signed letter.

Your failure to acknowledge receipt again stood out among other recipients of the notice, including both US
officials and members of the Basel Committee - on a matter which directly pertains to compliance of Bank of
America Corporation (BAC) with SEC regulations, or lack thereof.

Dated January 7, 2009,

Truly,

Page 11/2 January 13, 2010

Joseph Zernik

____________________________________
E. January 6, 2010, Joseph Zernik wrote:

Dr Z
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 801 998-0917; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

January 6, 2010

Mr Brian Moynihan, President

Bank of America Corporation
By email.
Customer Assistance Group
Office of Comptroller of the Currency
By fax: 713 336 4301

Mr Kevin Bailey, Deputy Comptroller and

US Representative to the Basel Accords Committee
By email

Basel Accords Committee

By email

RE: OCC Case # 00971981, complaint against Bank of America Corporation (BAC),
and repeat notice to Mr Moynihan, pursuant to Sarbanes-Oxley Act (2002) 307 and
SEC Rules promulgated under 17 CFR 205.

Dear Mr Moynihan, Mr Bailey, Office of the Comptroller of the Currency, and Members of
the Basel Accords Committee:

In phone conversation today with a Customer Assistance Group specialist, I was told that
Bank of America Corporation still has not replied to complaint, reference above, filed with
office of the US Comptroller of the Currency (OCC) on September 29, 2009 - regarding
large scale fraud in operations of Countrywide Financial Corporation (CFC) and its Legal
Department, headed by Sandor Samuels, then Chief Legal Officer. The core fraud in this
case real estate fraud and financial institution fraud was opined by a fraud expert second
to none - highly decorated FBI veteran - James Wedick. He was decorated by US
Congress, by US Attorney General, and by FBI Director. [1] Moreover, in an unusual
email note, he explained that the FBI’s refusal to provide equal protection in this case
since January 2007, was related to FBI’s reluctance to expose the widespread corruption
of judges of what Mr Wedick called the Los Angeles Circuit. [2] My losses due to the
fraud opined by Mr Wedick exceeded $2 millions.

Page 12/2 January 13, 2010

My complaint further alleged that after the takeover of CFC by BAC the same individuals
continued to serve at BAC in positions that were critical to the integrity of operations, or
lack thereof, at Bank of America Home Loans, including, but not limited to Sandor
Samuels now Associate General Counsel of BAC. Moreover, after the takeover, BAC
allowed the continued alleged obstruction and perversion of justice, by employment of
Bryan Cave, LLP, under the guidance of Sandor Samuels, at a time that office Timothy
Mayopoulos, then General Counsel of BAC, repeatedly informed me that Bryan Cave,
LLP was not authorized as an Outside Counsel of BAC, and was not authorized to
represent or appear on behalf of BAC.

To simplify review of the matter by BAC, I reduced the hundreds of pages of alleged fraud
documents (some by now opined as fraud by Mr Robert Meister, another nationally
acclaimed fraud expert), which had been produced by CFC and BAC in this case in the
past four years, to a list of six (6) records, which BAC and its Audit Committee have been
requested to authenticate or repudiate. [3] CFC, BAC, and its Audit Committee refused
to respond to such requests, filed as complaints pursuant to the Sarbanes Oxley Act
(2002).
This letter to Mr Moynihan is the first in his new capacity as President of BAC, as an
appeal that he facilitate a response by BAC, long overdue, to the complaint filed with
OCC September 29, 2009, referenced above. It is also a repeat notice pursuant to
Sarbanes Oxley Act 307 and SEC Rules under 17 CFR 205. This letter is also addressed
to OCC and Mr Kevin Bailey, since failure of OCC to obtain any response from BAC on
the complaint, undermines any claims by US government and US banking regulators of
shoring up the system.

This letter is also addressed to members of the Basel Accord Committee, as a notice of
the ongoing failure of US government and BAC to comply with basic tenants of the Pillars
of the Basel Accords. Needless to say, such conduct undermines any notion of valid risk
assessment or risk reduction in banking operations at one of the largest US financial
institutions.

Sincerely,

Joseph Zernik
Linked Records:
[1] Resume of Mr James Wedick, and opinion letter regarding real estate fraud in
conjunction with the Union Bank transactions, which were the subject of the complaint.
http://inproperinla.com/07-12-17-grant-deeds-wedick-s-opinion-s.pdf

[2] Email note by Mr James Wedick, explaining the refusal of FBI to provide equal
protection in this case since January 2007 in reluctance to expose the widespread
corruption of judges in the Los Angeles Circuit. In contrast, one should be reminded that
concomitantly FBI defined Los Angeles County as the epicenter of the epidemic real
estate and mortgage fraud, and stated that it was a high national priority to fight such
epidemic. Separately, FBI made numerous statements regarding its standing policy to
vigorously investigate all allegations of public corruption.
http://inproperinla.com/08-08-21-refusal-to-investigate-fbi-wedick-letter-s.pdf

[3] List and links to six records that represent the core fraud in conduct of CFC and BAC
in the matter that was subject to complaint filed with OCC, Case # 00971981.
http://inproperinla.com/09-04-17-list-of-six-key-records-for-bac-audit-committee-review-
s.pdf

Page 13/2 January 13, 2010

CC:
1) Glenn A Fine, Inspector General - US Department of Justice, as an addendum to
complaint against Kenneth Kaiser and Kenneth Melson for alleged fraud in responses to
US Congress on this matter in August September 2008, and refusal to provide equal
protection in Los Angeles County.
2) David Kotz, Inspector General SEC, as an addendum to complaint regarding SECs
refusal to investigate complaints of fraud in operations of both CFC and Bank of America
Home Loans.
3) Eric Thorson, Inspector General US Dept of the Treasury, as an addendum to
complaint regarding refusal of Office of Thrift Supervision and Federal Trade Commission
to enforce the law on CFC in complaints filed starting in early 2007, when CFC was
subject to their regulatory jurisdiction.
4) Mary Schapiro, Chair - SEC as an addendum to complaint against BAC.
____________________________________
F. At 08:30 AM, January 6, 2010, Kevin Bailey wrote:

X-MSK: CML=0.501000
From: "Bailey, Kevin"
To: "jz12345@earthlink.net"
Date: Wed, 6 Jan 2010 08:30:25 -0500
Subject: Read: OCC Case #00971981: Request for response by Bank of America
Corporation, and notice pursuant to Sarbanes Oxley Act (2002) S 307, 17
CFR 205
Thread-Topic: OCC Case #00971981: Request for response by Bank of America
Corporation, and notice pursuant to Sarbanes Oxley Act (2002) S 307, 17
CFR 205
Thread-Index: AcqOr0PaLfecUe04RIyKpEUhTzqI6gAJSOKu
Accept-Language: en-US
X-MS-Has-Attach:
X-MS-TNEF-Correlator:
X-ELNK-AV: 0
X-ELNK-Info: sbv=0; sbrc=.0; sbf=00; sbw=000;

Your message was read on Wednesday, January 06, 2010 8:30:25 AM (GMT-05:00) Eastern Time (US &
Canada).
Final-recipient: RFC822; Kevin.Bailey@occ.treas.gov
Disposition: automatic-action/MDN-sent-automatically; displayed
X-MSExch-Correlation-Key: UcmEjo2Eak+eNwbpR9jZ9w==
Original-Message-ID:

X-Display-Name: Bailey, Kevin

____________________________________
G. At 18:56 December 20, 2009, Brian Moynihan wrote:

X-MSK: CML=1.501000

Page 14/2 January 13, 2010

DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/simple; d=bankofamerica.com;

s=corp1; t=1261353396;
bh=HyrUNWEOVXx2g2Hc07OFXGCbFsnf4p5jhP0sAmd04zI=;
h=Date:From:Subject:To:Message-id:MIME-version:Content-type;
b=QM69zShsFm3AXZf0gYRWg3kqA6LnBKpI9PWuNqNm81WktxYlc7AWbbpDtHDxQidiO
yxKIgM9k5TN/Ito1WPnQz+kDo1D9uJ/unkpUnxmDX48jOFGj4HAIIZoSMBfCLzcLSK
5w8acJ4uP0hV0jMOgWD1hhkBhn076HfdHjVf006M=

Date: Sun, 20 Dec 2009 18:56:35 -0500

From: "Moynihan, Brian T"
Subject: Read: Fwd: Pending complaints against Bank of America
Corporation (#00971981),
and against Union Bank (#00974775), both acknowledged by US Office of
the Comptroller of Currency on
October 4, 2009.
To: joseph zernik
Thread-topic: Pending complaints against Bank of America Corporation (#00971981),
and against Union Bank (#00974775), both acknowledged by US Office of the
Comptroller of Currency on
October 4, 2009.
Thread-index: AcqBz0Un0Kd73UibTXurJVDzGAV9YQAAMqSo
X-MS-Has-Attach:
X-MS-TNEF-Correlator:
X-OriginalArrivalTime: 20 Dec 2009 23:56:35.0208 (UTC)
FILETIME=[0FD1F880:01CA81D0]
X-Proofpoint-Virus-Version: vendor=fsecure engine=1.12.8161:2.4.5,1.2.40,4.0.166
definitions=2009-12-20_07:2009-12-12,2009-12-20,2009-12-20 signatures=0
X-ELNK-Received-Info: spv=0;
X-ELNK-AV: 0
X-ELNK-Info: sbv=0; sbrc=.0; sbf=00; sbw=000;

Your message

To: Moynihan, Brian T; Bailey, Kevin

Subject: Fwd: Pending complaints against Bank of America Corporation
(#00971981), and against Union Bank (#00974775), both acknowledged by
US Office of the Comptroller of Currency on October 4, 2009.
Sent: Sun, 20 Dec 2009 18:50:20 -0500

was read on Sun, 20 Dec 2009 18:56:35 -0500