IN THE UNITED STATES DISTICT COURT

CENTRAL DISTRICT OF ILLINOIS

CHRISTOPHER STOLLER, )
)
Plaintiff, )
)
v. ) No. ______________________
)
BANK OF NEW ORK !ELLON TRUST CO., )
a finan"ial in#tit$tion, )
ROBERT P. KELL, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
)ERALD L. HASSELL, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
THO!AS P. )IBBONS, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
CARL KRASIK, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
BANK OF A!ERICA, )
a finan"ial in#tit$tion, )
WALTER E. !ASSE, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
*OE PRICE, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
BRIAN T. !ONIHAN, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
COUNTRWIDE BANK N.A., )
*OHN HALL + ASSOCIATES, )
RECONSTRUCT CO!PAN, N.A., )
THE LAW FIR! OF !ILES, BAUER, )
BER)STRO! + WINTERS LLP., ,t. al.,)
in%ivi%$all& an% in t',i- offi"ial "a(a"iti,#., )
SHERRIFF *OE ARPAIO, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, an% )
*OHN DOES . / .0, )
)
D,f,n%ant#. )
NOTICE OF FILIN)
TO1 Atta"',% S,-vi", Li#t
PLEASE TAKE NOTICE that on D,",23,- 4, 50.., there was filed with the Clerk of
the United States District Court, ock Island Di!ision, "# U$S$ Courthouse, %&& &'
th
Street, ock
Island, IL (&%#&, the attached) .) 6,-ifi,% Co2(laint fo- D,"la-ato-& an% In7$n"tiv, R,li,f
6ERIFIED CO!PLAINT FOR
DECLARATOR AND IN*UNCTI6E
RELIEF AND DA!A)ES FRO!
RACKETEERIN), CONSPIRAC TO
EN)A)E IN A PATTERN OF
RACKETEERIN) ACTI6IT, AND
RELATED CLAI!S8
*UR DE!ANDED1
.9 U.S.C. .:;. et seq.8
.9 U.S.C. .:;<
=Civil RICO R,2,%i,#)8 an%,
Civil an% Politi"al Ri>'t#
=,na"t,% 3& Con>-,## S(,"ifi"
R,#,-vation#)
in pari materia ?it' t',
S$(-,2a"& Cla$#, in t',
U.S. Con#tit$tion an% Civil Ri>'t#
Ca#,
an% Da2a>,# F-o2 Ra"@,t,,-in>, Con#(i-a"& to En>a>, in a Patt,-n of Ra"@,t,,-in>
A"tivit&, an% R,lat,% Clai2#.
I certif* that the fore+oin+ was ,ailed !ia first class ,ail on D,",23,- 4, 50.., to the
-arties listed, with the U$S$ Postal Ser!ice with -ro-er -osta+e -re-aid$

C'-i#to(',- Stoll,-, A!5B9.B
DiCon Co--,"tional Fa"ilit&
5;00 N. B-inton Av,n$,
DiCon, IL ;.05.
.%.
SER6ICE LIST
o/ert P$ Kell*
0erald L$ 1assell
Tho,as P$ 0i//ons
Carl Krasik
2ank of New 3ork 4ellon Trust Co$
&#& 2arcla* Street, ' 5est
New 3ork, New 3ork, &#%6(,
%## 5est 4onroe Street
Chica+o, Illinois (#(#(
5alter E$ 4asse*
7oe Price
2rian T$ 4o*nihan
2ank of A,erica8Countr*wide 9inancial
&## N$ Tr*on Street
Charlotte, North Carolina, %6%::
7$ 2er+stro,, Es;$
D$ 4iles, Es;$
$ 2auer
9$ 5inter
K$ 4cClenahan
4$ Do,e*er
T$ Cros/*
L$ 7a;ue<
D$ Carter
0$ Corena
5$ ash
$ 7un+
=$ Pha,
K$ Nielson
4$ 2raun
1$ Se*ed . Ali
$ N+u*en
7$ 0araedian
T$ 4orlan
K$ 5e//
2$ Tran
A$ 0ha>ar
C$ 7ones
4$ See/ach
4iles, 2auer, 2er+stro, ? 5inters LLP$
%%## Paseo =erde Pkw*$, Ste %:#
1enderson, N= 6'#:%
Sheriff 7oe Ar-aio
4arico-a Count* Sheriff@s Office
&## 5est 5ashin+ton
Suite &'##
PhoeniA, AB 6:##C
Ste!en $ S,ith
4ichael 5erich
2r*an Ca!e LLP
&(& N$ Clark Street, Ste "C##
Chica+o, IL (#(#&
IN THE UNITED STATES DISTICT COURT
CENTRAL DISTRICT OF ILLINOIS
CHRISTOPHER STOLLER, )
)
Plaintiff, )
)
v. ) No. ______________________
)
BANK OF NEW ORK !ELLON TRUST CO., )
a finan"ial in#tit$tion, )
ROBERT P. KELL, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
)ERALD L. HASSELL, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
THO!AS P. )IBBONS, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
CARL KRASIK, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
BANK OF A!ERICA, )
a finan"ial in#tit$tion, )
WALTER E. !ASSE, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
*OE PRICE, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
BRIAN T. !ONIHAN, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, )
COUNTRWIDE BANK N.A., )
*OHN HALL + ASSOCIATES, )
RECONSTRUCT CO!PAN, N.A., )
THE LAW FIR! OF !ILES, BAUER, )
BER)STRO! + WINTERS LLP., ,t. al.,)
in%ivi%$all& an% in t',i- offi"ial "a(a"iti,#., )
SHERRIFF *OE ARPAIO, )
in%ivi%$all& an% in 'i# offi"ial "a(a"it&, an% )
*OHN DOES . / .0, )
)
D,f,n%ant#. )
6ERIFIED CO!PLAINT FOR DECLARATOR AND IN*UNCTI6E RELIEF
AND DA!A)ES FRO! RACKETEERIN), CONSPIRAC TO EN)A)E IN A
PATTERN OF RACKETEERIN) ACTI6IT, AND RELATED CLAI!S
CO!ES NOW, Plaintiff, Christo-her Stoller DEStollerFG, a disa/led -erson, and in
su--ort of this Co,-laint states as follows)
INTRODUCTION
&$ This is a ci!il action for ICO re,edies authori<ed /* the federal statutes at &6
U$S$C$ &'(& et seq.H for declarator* and in>uncti!e reliefH for actual, conse;uential and eAe,-lar*
da,a+esH and for all other relief which this honora/le Court dee,s >ust and -ro-er under all
circu,stances which ha!e occasioned this initial co,-laint$ See &6 U$S$C$ II &'("DaG and DcG
DECi!il ICOFG$
%$ The -ri,ar* cause of this action is a wides-read cri,inal enter-rise, and
4ort+a+e 9oreclosure 9raud$ The Defendants are en+a+ed in a -attern of racketeerin+ acti!it*
across State lines, and a cons-irac* to en+a+e in racketeerin+ acti!it* in!ol!in+ nu,erous ICO
-redicate acts, which ha!e not /een -re!iousl* -led /* the Plaintiff in an* other co,-laint,
co,,encin+ on Octo/er %#, %#&&$
C$ The -redicate acts alle+ed here cluster around a -attern of cri,inal ,ort+a+e
foreclosure fraud, Ero/oF si+nature on a deed, fraudulent trustee sales of -ro-ert* without notice,
filin+ fraudulent forci/le detainer action a+ainst a sha, -art*, and sei<in+ -ro-ert* unlawfull*$
"$ Other ICO -redicate acts, althou+h a--earin+ to /e isolated e!ents, were
actuall* -art of the o!erall cons-irac* and -attern of racketeerin+ acti!it* alle+ed herein, e.g.
,ail fraud, /ank fraud, foreclosure fraud$ DSee &6 U$S$C$ II &C"& and &C""G
:$ The -ri,ar* o/>ecti!e of the racketeerin+ enter-rise has /een to inflict se!ere and
sustained econo,ic hardshi- u-on Plaintiff, with the intent of de-ri!in+ Plaintiff of his -ro-ert*
ri+hts$
PARTIES
.%.
($ Plaintiff, C1ISTOP1E STOLLE, (% *ears.old, is a disa/led in,ate at the
DiAon Correctional Center in Illinois, and at all ti,es herein ,entioned, and is hereinafter
referred to as EPlaintiffF or EStollerF$
J$ Defendant, 2ANK O9 NE5 3OK 4ELLON TUST CO$, Dalso referred to as
E2N3FG u-on infor,ation and /elief, is at all ti,es herein ,entioned, a financial institution,
or+ani<ed and eAistin+ under the laws of the United States of A,erica, with its -rinci-al -lace of
/usiness located at &#& 2arcla* Street, ' 5est, New 3ork, New 3ork, &#%6(, and transactin+
/usiness throu+hout the State of Illinois, with an office located downtown Chica+o at %## 5est
4adison Street, Chica+o, Illinois, (#(#($
6$ Defendant, O2ET P$ KELL3, indi!iduall* and in his official ca-acit*, u-on
infor,ation and /elief, is at all ti,es herein ,entioned, the Chair,an and Chief EAecuti!e
Officer of 2N3, and is in char+e of 2N3, and all of the officers, a+ents, ser!ants and e,-lo*ees
under his control$ Defendant, o/ert P$ Kell*, is lia/le under the doctrine of respondent
superior.
'$ Defendant, 0EALD L$ 1ASSELL, indi!iduall* and in his official ca-acit*,
u-on infor,ation and /elief, is at all ti,es herein ,entioned, the President of 2N3, and is in
char+e of 2N3 and all of the officers, a+ents, ser!ants and e,-lo*ees under his control$
Defendant, 0erald L$ 1assell, is lia/le under the doctrine of respondent superior.
&#$ Defendant, T1O4AS P$ 0I22ONS, indi!iduall* and in his official ca-acit*,
u-on infor,ation and /elief, is at all ti,es herein ,entioned, Chief 9inancial Officer of 2N3
and is in char+e of 2N3, and all of the officers, a+ents, ser!ants and e,-lo*ees under his control$
Defendant, Tho,as P$ 0i//ons, is lia/le under the doctrine of respondent superior.
&&$ Defendant, CAL KASIK, indi!iduall* and in his official ca-acit*, u-on
.C.
infor,ation and /elief, is at all ti,es herein ,entioned, 0eneral Counsel for 2N3 and ad!ises
and consults with Defendants, o/ert P$ Kell*, 0erald L$ 1assell, Tho,as P$ 0i//ons, and
cons-ired with the, to de-ri!e the Plaintiff of his due -rocess and e;ual -rotection ri+hts as
stated in this Co,-laint$ Defendant, Carl Krasik, is lia/le under the doctrine of respondent
superior.
&%$ Defendant, 2ANK O9 A4EICA, Dalso referred to as E2OAFG u-on infor,ation
and /elief, is at all ti,es herein ,entioned, is a financial institution, or+ani<ed and eAistin+ under
the laws of the United States of A,erica, with its -rinci-al -lace of /usiness located at &## N$
Tr*on Street, Charlotte, North Carolina, %6%::, and transactin+ /usiness throu+hout the State of
Illinois$
&C$ Defendant, 5ALTE E$ 4ASSE3, indi!iduall* and in his official ca-acit*, u-on
infor,ation and /elief, is at all ti,es herein ,entioned, Chair,an of 2OA, and is in char+e of
2OA, and all of the officers, a+ents, ser!ants and e,-lo*ees under his control$ Defendant,
5alter E$ 4asse*, is lia/le under the doctrine of respondent superior.
&"$ Defendant, 7OE PICE, indi!iduall* and in his official ca-acit*, u-on
infor,ation and /elief, is at all ti,es herein ,entioned, Chief 9inancial Officer of 2OA, and is
in char+e of 2OA, and all of the officers, a+ents, ser!ants and e,-lo*ees under his control$
Defendant, 7oe Price, is lia/le under the doctrine of respondent superior.
&:$ Defendant, 2IAN T$ 4O3NI1AN, indi!iduall* and in his official ca-acit*,
u-on infor,ation and /elief, is at all ti,es herein ,entioned, President and Chief EAecuti!e
Officer of 2OA, and is in char+e of 2OA, and all of the officers, a+ents, ser!ants and e,-lo*ees
under his control$ Defendant, 2rian T$ 4o*nihan, is lia/le under the doctrine of respondent
superior.
.".
&($ Defendant, COUNT35IDE 9INANCIAL 2ANK, N$A$ Dalso referred to as
ECountr*wideFG, Countr*wide has /een -urchased /* 2OA, and u-on infor,ation and /elief, is
at all ti,es herein ,entioned, is a financial institution, or+ani<ed and eAistin+ under the laws of
the United States of A,erica, with its -rinci-al -lace of /usiness located at &## N$ Tr*on Street,
Charlotte, North Carolina, %6%::, and transactin+ /usiness throu+hout the State of Illinois$
&J$ Defendant, 7O1N 1ALL ? ASSOCIATES, 7ohn 1all ? Associates is a real
estate a+enc* located at &&%&& N$ Tatu, 2l!d, K%:#, PhoeniA, Ari<ona, 6:#%6, also can /e
referred to as ES4 CAPITAL 9UNDIN0 LLC$ ? TIE CONSULTIN0, LLCF and8or
ET1OSE CALLA5A3SF$
&6$ Defendant, ECONSTUCT CO4PAN3, N$A$, u-on infor,ation and /elief, is
at all ti,es herein ,entioned, is a Ne!ada Cor-oration, or+ani<ed and eAistin+ under the laws of
the United States of A,erica, with its -rinci-al -lace of /usiness located at &## N$ Tr*on Street,
Charlotte, North Carolina, %6%::, and transactin+ /usiness throu+hout the State of Illinois$
&'$ Defendant, T1E LA5 9I4 O9 4ILES, 2AUE, 2E0STO4 ? 5INTES
LLP$, and the followin+ attorne*s, Defendants, D$ 4iles, 7$ 2er+stro,, $ 2auer, 9$ 5inter, K$
4cClenahan, 4$Do,e*er ,T$ Cros/*, L$ 7a;ue<, D$ Carter, 0$ Corena, 5$ ash, $ 7un+, =$
Pha,, K$ Nielson, 4$ 2raun, 1$ Se*ed.Ali, $ N+u*en, 7$ 0aAEedian, T$ 4orlan, K$ 5e//, 2$
Tran, A$ 0ha>ar, C$ 7ones, and 4$ See/ach, indi!iduall* and in their official ca-acit*, located at
%%## Paseo =erde Parkwa*, Suite %:#, 1enderson, Ne!ada, 6'#:%$
%#$ Defendant, S1EI99 7OE APAIO, u-on infor,ation and /elief, is at all ti,es
herein ,entioned indi!iduall* and in his official ca-acit* at the of the 4arico-a Count* Sheriff@s
Office located at &## 5est 5ashin+ton Street, Suite &'##, PhoeniA, AB 6:##C$
%&$ This action is also /rou+ht a+ainst DOES & throu+h &#, which ,a* include
.:.
Defendants@ law*ers, -redecessors, -artners, associates, a+ents, e,-lo*ees, affiliates, and
su/sidiaries, which hereafter are also included in the ter, EDefendantsF$ Plaintiff is i+norant of
the true na,es and ca-acities of Defendants sued herein as DOES & throu+h &# inclusi!e, and
therefore sues these Defendants /* such fictitious na,es$ Plaintiff will add their na,es to this
co,-laint to alle+e their true na,es and ca-acities when ascertained$
%%$ Plaintiff /elie!es and thereon alle+es that, at all ti,es herein ,entioned, each of
the re,ainin+ Defendants and was at all ti,es actin+ within the -ur-ose and sco-e of such
relationshi-, or alternati!el*, while -ur-ortin+ to act within the -ur-ose and sco-e of such
relationshi-, eAceeded said authorit*, or alternati!el*, while -ur-ortin+ to act to further the
-ur-ose of said relationshi-, instead en+a+ed in self.dealin+ and acted to har, said relationshi-,
or alternati!el*, colluded and cons-ired with other Defendants, or all of the,, in the har,s here
alle+ed$
6ENUE AND *URISDICTION
%C$ This honora/le Su-erior Court has ori+inal >urisdiction -ursuant to the ci!il ICO
re,edies at &6 U$S$C$ &'(", and the holdin+s of the U$S$ Su-re,e Court in Tafflin !$ Le!itt, "'C
U$S$ ":: D&''#G$
%"$ Defendants@ actions caused Plaintiff in>ur* in Illinois Dsee 7an,ark, Inc$ !$ 7a,es
T$ eid* and Drea, Kee-er, Inc$, &C% 9Cd &%##, &''6 Co-r$L$ Dec$ P %J, J&J, ": U$S$P$L %d
&C6%G and Defendants caused e!ents to occur within 4arico-a Count*, Ari<ona, out of which
this Co,-laint arises$
%:$ This clai, in!ol!es real -ro-ert* title in which the a,ount in contro!ers* eAceeds
M%#,###,###H therefore, >urisdiction is -ro-er$
%($ Accordin+l*, >urisdiction and !enue are -ro-er in this Court$
.(.
BACK)ROUND AND FACTUAL ALLE)ATIONS
%J$ The Plaintiff holds ri+ht to a sin+le fa,il* residence known as 59<BD N. ..5
t'
Wa&, S"ott#%al,, A-iEona, 945;5 Dhereinafter referred to as EPro-ert* &FG, which was assi+ned
/* the ori+inal owner, Philli- P$ Stone DEStoneFG, to the Plaintiff on Se-te,/er &', %##6, and all
clai,s and counterclai,s associated with this -ro-ert* are also assi+ned to the Plaintiff$ Stone
utili<ed the ser!ices of Countr*wide, a notoriousl* dece-ti!e trade -ractice institution, to o/tain
financin+$
DaG Durin+ the course of the loan ne+otiation and co,-letion of the loan
a--lication, Countr*wide, throu+h its a+ents and8or e,-lo*ees, asked Stone to state his
inco,e, and Stone accuratel* -ro!ided his inco,e$ Countr*wide, howe!er, chose to
i+nore the fi+ure -ro!ided /* Stone and instead, Countr*wide su/,itted the loan u-on a
fraudulentl* inflated stated inco,e fi+ure in order to ;ualif* Stone for the loan$ Such
inco,e was false, /ut was su/,itted to their underwritin+ de-art,ents /* their
authori<ed loan re-resentati!es, includin+ DOES & throu+h %#, knowin+ that su/,ission
of the loans /ased u-on that Stone@s actual inco,e would lead to a denial of the
a--lication for the loan$ The underwriters at Countr*wide did not eAa,ine the -ro!ided
e!idence of actual inco,e, choosin+ instead to use a /lind e*e in order to a--ro!e the
loan$ At all ti,es rele!ant, Countr*wide was co,-letel* unconcerned with the suita/ilit*
of the loan for Stone, or whether or not he would fail in ,akin+ -a*,ents as the loan was
desi+ned for resale to /e securiti<ed as -art of a -ool of collateral of 5all Street /onds
sold for the ,ost -art to unwittin+ in!estors o!erseas in Iceland, Norwa* and China$
Thus, the loan underwriters took no action toward co,-letin+ a full* docu,ented loan
file or !erification of Stone@s inco,e$ The ,ana+e,ent of Countr*wide so instructed the
.J.
underwriters as the* knew the* were takin+ no risk and would ,ake a lar+e -rofit on
+eneratin+ the loan and another lar+e -rofit in sellin+ it off to /e securiti<ed$
%6$ On or a/out 7ul* &%, %##(, Countr*wide doin+ /usiness as A,erica@s 5holesale
Lender, as lender, entered a deed of trust on a sin+le fa,il* residence at .0;B5 E. Bl$, S@&
D-iv,, S"ott#%al,, A-iEona, 945;5 Dhereinafter referred to as EPro-ert* %FG, on /ehalf of the
ori+inal owner, ae i/adeneira DEi/adeneiraFG Dsee a true and correct co-* of which is
attached hereto and ,arked as EAhi/it &, Ad>usta/le ate iderG$
%'$ On or a/out 7ul* %J, %##(, Countr*wide as lender and /eneficiar*, entered a deed
of trust on a sin+le fa,il* residence at .0;;4 E. Bl$, S@& D-iv,, S"ott#%al,, A-iEona, 945;5
Dhereinafter referred to as EPro-ert* CFG, on /ehalf of the ori+inal owner, i/adeneira Dsee a true
and correct co-* of which is attached hereto and ,arked as EAhi/it %, Ad>usta/le ate iderG$
C#$ Countr*wide en+a+es in residential ,ort+a+e lendin+ across the nation and the
State of Ari<ona$ DThe Lisa 4adi+an Co,-laint, and the 4assachusetts State@s Attorne* 0eneral
Co,-laint, Case No$ &&."C(", re.-led, realle+ed herein and ,ade an inter+ral -art of the char+es
filed herein, see a true and correct co-* of which is attached hereto and ,arked as EAhi/it C and
EAhi/it ", res-ecti!el*$G
C&$ Countr*wide ,arketed and sold loan -roducts that were /oth financiall* risk* and
difficult for /orrowers to understand, includin+ ad>usta/le.rate ,ort+a+es, where the interest rate
is ad>usted -eriodicall* in relation to a s-ecified indeA$
C%$ The Countr*wide ,ort+a+es secured /* said -ro-erties are ad>usta/le rate
,ort+a+es, su/>ect to ,onthl* interest rate ad>ust,ents, /ased on the &%.,onth a!era+e of the
annual *ields on acti!el* traded United States Treasur* Securities ad>usted to a constant ,aturit*
.6.
of one *ear as -u/lished /* the 9ederal eser!e 2oard, added to a fiAed -ercenta+e known as a
E,ar+inF to the indeA$
CC$ The Countr*wide ,ort+a+es secured /* said -ro-erties are co,-licated ,ort+a+e
-roducts, which entice consu,ers /* offerin+ a !er* low EteaserF ,onthl* -a*,ent /ased on a
low interest rate, here %$##N, %$%:N, and %$J:N, res-ecti!el*, for an introductor* -eriod, here
twel!e ,onths, after which the -a*,ents are increased dra,aticall*$ Unlike ,ost ad>usta/le.rare
loans where the rate can onl* chan+e e!er* *ear or e!er* siA ,onths, here the interest rate can
chan+e e!er* ,onth$
C"$ Althou+h the first *ear@s -a*,ents are calculated /ased on a low interest rate,
after which the ,onthl* -a*,ents are fiAed and ad>usted annuall*, the actual interest accruin+ is
/ased on the ,onthl* ad>usta/le rate, leadin+ to the situation where the ,onthl* -a*,ent is
insufficient to co!er all of the accrued interest, which un-aid interest is added to the -rinci-al
a,ount of the loan, resultin+ in ne+ati!e a,orti<ation$ Of course, since the first *ear@s -a*,ents
are /ased on an interest rate :N to (N /elow the accruin+ interest rate, the -rinci-al /alance
owed +rows ;uickl* throu+h added un-aid interest$
C:$ The ,onthl* -a*,ent then is ad>usted annuall*, to !ar* no ,ore than J$:N fro,
the -re!ious ,onthl* -a*,ent, for the first ten *ears of the loan$ At the tenth *ear, the -a*,ent
would /e ErecastF to /e full* a,orti<in+, causin+ a su/stantial >u,- in the -a*,ent a,ount$
C($ 1owe!er, the loan /alance also has a ne+ati!e a,orti<ation ca- of &&:N of the
ori+inal -rinci-al of the loan, so that should the -rinci-al /alance reach the ca-, the ,onthl*
-a*,ent is i,,ediatel* raised to the full* a,orti<in+ le!el Di.e. all -a*,ents after the date the
ca- is reached ,ust /e sufficient to -a* off the new /alance o!er the re,ainin+ life of the loanG,
causin+ a si+nificant >u,- in the ,onthl* -a*,ent$
.'.
CJ$ e+ulations -ro,ul+ated /* the 9ederal eser!e 2oard under the Truth in
Lendin+ Act DETILAFG re;uire that a lender -ro!ide a /orrower with a series of no fewer than
twel!e s-ecific disclosures desi+ned to show the /orrower, the actual a,ount of the interest rate
the loan with carr*, the fre;uenc* of rate ad>ust,ents, and the nature of the rate ad>ust,ents,
includin+ the historical -erfor,ance of the indeA to which the rate is tied$ See &% C$9$$
%%($&'D/GD%GDi O AiiG$
C6$ In %##(, a consortiu, of federal a+encies with lendin+ o!ersi+ht res-onsi/ilities
&
issued an Intera+enc* 0uidance on Nontraditional 4ort+a+e Product isks that warned of the
dan+ers of this t*-e and other nontraditional ,ort+a+e loan -roducts, s-ecificall* notin+ the
dan+er of lenders and /rokers eAtendin+ ad>usta/le rate ,ort+a+es without sufficient disclosure
or with ,isleadin+ disclosures re+ardin+ the loans@ ad>usta/le nature$ See Intera+enc* 0uidance,
J& 9ed$ e+$ :6(&C O :6(&6$
C'$ In li+ht of the increased risks -osed /* nontraditional ,ort+a+e loans, includin+
the ,ort+a+e here, the Intera+enc* 0uidance e,-hasi<ed the need toEPeQnsure that consu,ers
ha!e sufficient infor,ation to clearl* understand loan ter,s and associated risks -rior to ,akin+
a -roduct choice$F J& 9ed$ e+$ at :6(&C$
"#$ The Intera+enc* 0uidance further reco+ni<ed the likelihood of -a*,ent shock
and e,-hasi<ed the need for lendin+ institutions to ,aintain ;ualification standards that include
a credi/le anal*sis of a /orrower@s ca-acit* to re-a* the full a,ount of the credit eAtended at the
full* indeAed rate, rather than usin+ discounted -a*,ents in ;ualif*in+ /orrowers$ J& 9ed$ e+$
at :6(&&$
&
& The Consortiu, included the followin+ a+encies) De-art,ent of the Treasur*, Office of the
Co,-troller of the Currenc*, 2oard of 0o!ernors of the 9ederal eser!e S*ste,, 9ederal De-osit
Insurance Cor-oration, Office of Thrift Su-er!ision, and the National Credit Union Ad,inistration$ It is
-u/lished in the 9ederal e+ister at) Intera+enc* 0uidance on Nontraditional 4ort+a+e Product isks, J&
9ed$ e+$ :6(#' O :6(&6$
.&#.
"&$ On or a/out Se-te,/er &', %##6, Stone, ;uit.clai,ed all his ri+ht, title, and
interest in said -ro-ert* to Christo-her Stoller Pension and Profit Sharin+ Plan, Ltd$, Dhereinafter
ECSPPSPFG, and CSPPSP assi+ned to Christo-her Stoller an* clai,s arisin+ or related to said
-ro-ert* and the ri+ht to -ursue such clai,s, a+ainst, a,on+ others, an* financial institutions, /*
;uit clai, deed and written a+ree,ent Dsee a true and correct co-* of which is attached hereto
and ,arked as EAhi/it :G$
"%$ On or a/out Octo/er &, %#&#, the Plaintiff contacted Countr*wide82ank of
A,erica /* U$S$ 4ail on /ehalf of Stone, and re;uested a full accountin+ of an* and all ,onies
clai,ed to /e owed in reference to Loan No$ &C(::"C:& for Pro-ert* & -ursuant to the 9air De/t
Collection Act, &: U$S$C$ I &('%DaGD&G, and &: U$S$C$ I &('&D+GD:G$ Countr*wide82ank of
A,erica ne!er -ro!ided the Plaintiff with an* accountin+, in !iolation of the 9air De/t
Collection Act, &: U$S$C$ I &('%D+GDaGD&G, and &: U$S$C$ I &('%D+GD:G$ This -ro-ert* is
currentl* and unlawfull* set for a 9oreclosure Sale on Dece,/er &(, %#&&, at &#)## a$,$
econstruct has -re-ared a fraudulent Deed of Trust, i+norin+ that the current owner, CPPSP
assi+ned all clai,s and ri+hts to Christo-her Stoller and8or Leo Stoller$ Plaintiff is seekin+ a
-reli,inar* and -er,anent in>unction fro, econstruct and8or 2ank of A,erica fro, sellin+
Plaintiff@s -ro-ert* Dsee a true and correct co-* of which is attached hereto and ,arked as
EAhi/it (, Notice of Trustee SaleG$
"C$ On or a/out 4a* %, %##(, Stone, o/tained a loan fro, Countr*wide for Pro-ert*
&$ Dsee a true and correct co-* of which is attached hereto and ,arked as EAhi/it J, Ad>usta/le
ate iderG$
.&&.
""$ Stone was re;uired to state his inco,e as -art of the initial loan a--lication
-rocesses with Countr*wide for Pro-ert* &$ Countr*wide did not show Stone what a,ounts
were e!entuall* stated in res-ect to his inco,e in the loans a--lication for Pro-ert* &$
":$ Countr*wide ,ade the loan to Stone, des-ite the fact that Stone was not ;ualified
for the loans /ased on his actual inco,e$
"($ Stone was clearl* un;ualified for the loans /ased u-on his actual inco,e, thou+h
the loan was, in fact, +i!en /* Countr*wide /ased u-on Countr*wide fraudulentl* insertin+
inflated fi+ures in their loan a--lications, which has /een esta/lished is a -ractice of
Countr*wide$
"J$ Countr*wide was co,-letel* unconcerned with Stone@s actual inco,e and chose
to a--ro!e the loan, and used inflated inco,e fi+ures on the a--lications in order to fraudulentl*
;ualif* Stone for the said loan$
"6$ At all ti,es, Countr*wide led Stone into the /elief that he ;ualified for his loan
/ased u-on his actual inco,e, when Countr*wide knew or should ha!e known that Stone was
not ;ualified$
"'$ Countr*wide en+a+ed in dece-ti!e loan -ractices as a tool to -er,it a /roker
and8or itself to -lace a sufficient inco,e on loan a--lications in order to dee, that a /orrower
such as Stone was ;ualified for the loan$
:#$ Countr*wide en+a+ed in a -ractice of a--ro!in+ loans without re;uestin+
docu,entation with the full knowled+e that the ,ort+a+or was not ;ualified for loan$
:&$ The Stated Inco,e Pro+ra, allowed Countr*wide to /e knowin+l* i+norant of
whether the /orrowers ;ualified for the loan and then su/se;uentl* ,isre-resented to Stone that
he was ;ualified for the loan$
.&%.
:%$ An* and all docu,ents Stone recei!ed also failed to include initial disclosures and
final disclosures, which include ESPA and TILA disclosures$ 4oreo!er, false TILA disclosures
were -ro!ided which concealed the true cost of the loan$
:C$ On or a/out Octo/er &(, %##6, i/adeneira D-rior owner of Pro-ert* CG, ;uit.
clai,ed all her ri+ht, title, and interest in said -ro-ert* to CSPPSP, and assi+ned CSPPSP an*
clai,s arisin+ or related to said -ro-ert* and the ri+ht to -ursue such clai,s, a+ainst, a,on+
others, an* financial institutions, /* ;uit clai, deed and written a+ree,ent Dsee a true and
correct co-* of which is attached hereto and ,arked as EAhi/it 6G$ CSPPSP has assi+ned to
Christo-her Stoller an* clai,s arisin+ or related to this -ro-ert*$
:"$ On or a/out Se-te,/er &, %##', the Plaintiff contacted Countr*wide82ank of
A,erica /* U$S$ 4ail on /ehalf of i/adeneira, and re;uested a full accountin+ of an* and all
,onies clai,ed to /e owed in reference to Loan No$ &"&%((6&J for Pro-ert* C -ursuant to the
9air De/t Collection Act, &: U$S$C$ I &('%DaGD&G, and &: U$S$C$ I &('&D+GD:G$
::$ Countr*wide82ank of A,erica ne!er -ro!ided the Plaintiff with an* accountin+,
in !iolation of the 9air De/t Collection Act, &: U$S$C$ I &('%D+GDaGD&G, and &: U$S$C$ I &('%D+G
D:G$
:($ On or a/out Octo/er %#, %##6, i/adeneira ;uit.clai,ed all her ri+ht, title, and
interest in said -ro-ert* to Plaintiff, and assi+ned Plaintiff an* clai,s arisin+ or related to said
-ro-ert* and the ri+ht to -ursue such clai,s, a+ainst, a,on+ others, an* financial institutions, /*
;uit clai, deed and written a+ree,ent Dsee a true and correct co-* of which is attached hereto
and ,arked as EAhi/it 'G$
:J$ On or a/out No!e,/er &:, %##', the Plaintiff contacted Countr*wide /* U$S$
4ail on /ehalf of i/adeneira, and re;uested a full accountin+ of an* and all ,onies clai,ed to
.&C.
/e owed in reference to Loan No$ &"#'C"C#' for Pro-ert* C -ursuant to the 9air De/t Collection
Act, &: U$S$C$ I &('%DaGD&G, and &: U$S$C$ I &('&D+GD:G$
:6$ Countr*wide82ank of A,erica ne!er -ro!ided the Plaintiff with an* accountin+,
in !iolation of the 9air De/t Collection Act, &: U$S$C$ I &('%D+GDaGD&G, and &: U$S$C$ I &('%D+G
D:G$
:'$ On or a/out Octo/er %&, %##6, the -rior owner of the -ro-ert* located at <D9.; N.
.4
t'
Lan,, N,? Riv,-, A-iEona, 9409D/9044 Dhereinafter referred to as EPro-ert* "FG,
i/adeneira, ;uit.clai,ed all her ri+ht, title, and interest in said -ro-ert* to CSPPSP, and
assi+ned CPPSP an* clai,s arisin+ or related to said -ro-ert* and the ri+ht to -ursue such
clai,s, a+ainst, a,on+ others, an* financial institutions, /* ;uit clai, deed and written
a+ree,ent Dsee a true and correct co-* of which is attached hereto and ,arked as EAhi/it &#G
i/adeneira has assi+ned to CSPPSP and Christo-her Stoller an* clai,s arisin+ or related to this
-ro-ert*$ CSPPSP then assi+ned an* and all clai,s to Christo-her Stoller$
(#$ On or a/out 4arch &:, %##', the Plaintiff contacted 1? 2lock 2ank DE1?FG
on /ehalf of i/adeneira, and re;uested a full accountin+ of an* and all ,onies clai,ed to /e
owed in reference to Pro-ert* " -ursuant to the 9air De/t Collection Act, &: U$S$C$ I &('%DaGD&G,
and &: U$S$C$ I &('&D+GD:G$
(&$ Pursuant to the 9air De/t Collection Act, Stoller ,ade a de,and on Countr*wide
to -ro!ide accountin+s on /ehalf of Pro-ert* &, Pro-ert* %, Pro-ert* C, and Pro-ert* "
Dcollecti!el*, the EPro-ertiesFG$ Stoller ad!ised ,ort+a+ees of the Pro-erties, to cease an* and all
collection acti!ities -endin+ the -roduction of a full accountin+ for each of the a/o!e -ro-erties$
Stoller also re;uested a loan ,odification for the said -ro-erties, and was infor,ed that the
.&".
Pro-erties had to /e in delin;uenc* -rior to consideration of loan ,odifications$ Plaintiff was
denied loan ,odifications on the Pro-erties$
(%$ Countr*wide failed to -ro!ide notice to the 2orrower and8or the Plaintiff, of
acceleration of the ,ort+a+e -a*,ents -ursuant to the 4onthl* Ad>usta/le ate iders$
(C$ On or a/out 4a* C#, %##', the Plaintiff notified the Trustee that there were
o/>ections to the sale of Pro-ert* " -ursuant to A$$S$ I CC.6&&DCG$ The Trustee ne!er ser!ed
-ro-er notice on the Plaintiff or CSPPSP, nor -osted an* lawful notice on Pro-ert* ", nor
infor,ed the Plaintiff in an* ,anner that a trustee sale was scheduled to take -lace on 7une %(,
%##', -ursuant to A$$S$ I CC.6#'$ Ch$ ($& . 9ailure to 0i!e Notice$
("$ Notwithstandin+ Plaintiff@s o/>ections to an* trustee sale, an unlawful trustee sale
was conducted on or a/out 7une %:, %##', and Pro-ert* " was sold to Leonard Street and Donna
Street for an unconsciona/l* low -rice$ The Deed of Trust was unlawfull* si+ned /* a Ero/oF
si+ner and was fraudulentl* -re-ared outside the chain of title$ The deed, is thus !oid ab initio$
(:$ On or a/out 7ul* &%, %##(, i/adeneira o/tained a loan fro, Countr*wide for
Pro-ert* %$
(($ On or a/out 7ul* %J, %##(, i/adeneira o/tained a loan fro, Countr*wide for
Pro-ert* C$
(J$ On or a/out Octo/er %", %##:, i/adeneira o/tained a loan fro, 1? for
Pro-ert* "$
(6$ i/adeneira was re;uired to state her inco,e as -art of the initial loan a--lication
-rocesses with Countr*wide for Pro-ert* % and Pro-ert* C$ Countr*wide did not show
i/adeneira what a,ounts were e!entuall* stated in res-ect to her inco,e in the loan
a--lications for either -ro-erties$
.&:.
('$ 2ased on the fore+oin+, and the ulti,ate loans recei!ed, i/adeneira@s de/t to
inco,e ratio DEDTIFG was eAcessi!e u-on the reco,,ended industr* standard of %:N, as well.
known to Countr*wide$
J#$ Countr*wide ,ade the loans to i/adeneira des-ite the fact that she was not
;ualified for the loans /ased on her actual inco,e for Pro-ert* % or Pro-ert* C$
J&$ Countr*wide en+a+ed in dece-ti!e loan -ractices and has /een sued /* Illinois
Attorne* 0eneral and fi!e other attorne* +enerals for dece-ti!e loan -ractices$ Countr*wide
-aid an M6$C /illion dollar settle,ent -redicated on their ,ort+a+e loan fraud /usiness$
J%$ The for,er Countr*wide Chief EAecuti!e Officer, An+elo 4o<ilo, was char+ed
with ,ort+a+e loan fraud, dece-ti!e trade -ractices, and -aid a M(J ,illion dollar fine on or
a/out No!e,/er :, %#&# to the Securities EAchan+e Co,,ission$
JC$ i/adeneira was clearl* un;ualified for the loans /ased u-on her actual inco,e,
thou+h the loans were, in fact, +i!en /* Countr*wide /ased u-on Countr*wide fraudulentl*
insertin+ inflated fi+ures in their loan a--lications, which has /een esta/lished is a -ractice of
Countr*wide$
J"$ Countr*wide en+a+ed in dece-ti!e loan -ractices as a tool to -er,it a /roker
and8or itself to -lace a sufficient inco,e on loan a--lications in order to dee, that an un;ualified
/orrower such as i/adeneira was eli+i/le for the loan$
J:$ Countr*wide en+a+ed in a -ractice of a--ro!in+ loans without re;uestin+
docu,entation with the full knowled+e that the ,ort+a+or was not ;ualified for loans$
J($ The Stated Inco,e Pro+ra, allowed Countr*wide to /e knowin+l* i+norant of
whether the /orrowers ;ualified for the loan and then su/se;uentl* ,isre-resented to
i/adeneira that she was ;ualified for the loan$
.&(.
JJ$ The disclosures i/adeneira recei!ed also failed to include an* accurate ESPA
and TILA disclosures$ 4oreo!er, false TILA disclosures were -ro!ided which concealed the true
cost of the loan, and were fraudulentl* withheld fro, i/adeneira as was Countr*wide@s
dece-ti!e -ractices$
J6$ i/adeneira was re;uired to state her inco,e as -art of the initial loan a--lication
-rocesses with 1? for Pro-ert* "$ 1? did not show i/adeneira what a,ounts were
e!entuall* stated in res-ect to her inco,e in the loans a--lications for Pro-ert* "$
J'$ 1? ,ade the loan to i/adeneira des-ite the fact that she was not ;ualified for
the loan /ased on her actual inco,e for the Pro-ert* "$
6#$ i/adeneira was clearl* un;ualified for the loan /ased u-on her actual inco,e,
thou+h the loans were, in fact, +i!en /* 1? /ased u-on 1? fraudulentl* insertin+ inflated
fi+ures in their loan a--lication$
6&$ 1? was co,-letel* unconcerned with i/adeneira@s actual inco,e and chose to
a--ro!e the loan, and used inflated inco,e fi+ures on the a--lication in order to fraudulentl*
;ualif* her for the said loan for Pro-ert* "$
6%$ At all ti,es, 1? led i/adeneira into the /elief that she ;ualified for her loan
/ased u-on her actual inco,e, when 1? knew or should ha!e known that i/adeneira was not
;ualified for Pro-ert* "$
6C$ 1? en+a+ed in dece-ti!e loan -ractices as a tool to -er,it a /roker and8or 1?
itself to -lace a sufficient inco,e on loan a--lication in order to dee, that a /orrower such as
i/adeneira was ;ualified for the loan$
6"$ 1? en+a+ed in a -ractice of a--ro!in+ a loan without re;uestin+ docu,entation
with the full knowled+e that the ,ort+a+or was not ;ualified for loan$
.&J.
6:$ The Stated Inco,e Pro+ra, allowed 1? to /e knowin+l* i+norant of whether
the /orrowers ;ualified for the loan and then su/se;uentl* ,isre-resented to i/adeneira that
she was ;ualified for the loan$
6($ An* and all docu,ents i/adeneira recei!ed also failed to include initial
disclosures and final disclosures, which include ESPA and TILA disclosures$ 4oreo!er, false
TILA disclosures were -ro!ided which concealed the true cost of the loan$
6J$ Defendants failed to co,-l* with A$$S$ I(#'#(, incor-oratin+ the re;uire,ents
to co,-l* with a--lica/le federal disclosure statutes and re+ulations$
66$ In addition to !iolations of the state and federal statutes alle+ed a/o!e, the
conduct of Defendants as set forth herein constitutes unfair or dece-ti!e acts of -ractices,
includin+ /ut not li,ited to lurin+ /orrowers with ,isleadin+ docu,ents and failin+ to disclose
loan ter,s in such ti,e and ,anner as would -er,it /orrower to o/tain inde-endent ad!ice or
undertake ade;uate re!iew to e!aluate the desira/ilit* of loan ter,s$
6'$ Defendants@ actions as set forth a/o!e occurred in the conduct of trade or
co,,erce$
'#$ Defendants@ conduct har,ed their /orrower, includin+, /ut not li,ited to, /ein+
de-ri!ed of the a/ilit* to ade;uatel* re!iew their ,ort+a+e ter,s, co,-are the true cost of credit
to other -ro-osals, or to sho- for ,ore fa!ora/le ter,s$ This, in turn, caused da,a+es in a,ount
-aid in eAcess interest, fees, loss of e;uit*, ad!erse effects on credit ratin+s, cul,inatin+ in the
i,-endin+ foreclosures of the Pro-erties, and the ti,e, eA-ense, and stress incurred in seekin+ to
rectif* these -ro/le,s$
'&$ Defendants@ conduct was the -roAi,ate cause of in>ur* to /orrower$
.&6.
'%$ The char+es ha!e arisen out of en+a+in+ in a fraudulent Trustee Sale of real estate
listed in Plaintiff@s counter clai, and in the fraudulent forci/le detainer Dsee a true and correct
co-* of which is attached hereto and ,arked as EAhi/it &&G action filed /* the Defendants
without due -rocess in order to unlawfull* sei<e Pro-ert* %, which is the su/>ect of the
fraudulent forci/le detainer$
'C$ The -art of the cri,inal racketeerin+ acti!ities consists of Defendants and their
law*ers for false swearin+, filin+ a fri!olous trustee sale of real estate and filin+ a fraudulent
forci/le detainer action a+ainst i/adeneria, a -art* that the Defendants knew was not in
-ossession of Pro-ert* % that is the underl*in+ su/>ect of this case$ Defendants knew that
i/adeneira sold Pro-ert* % in Octo/er %##6, to the CSPPSP$ The Defendants filed a false,
fraudulent, forci/le detainer action to defraud Plaintiff out of his interest in Pro-ert* %, without
due -rocess$ Defendants continue co,,ittin+ fraud /* assertin+ that the 9orci/le Detainer
na,in+ the EnonF -art* i/adeneria, is a !alid lawful -roceedin+ when in fact all of the
Defendants know that the 9orci/le Detainer filed a+ainst non -arties was done in order to
defraud the Plaintiff, under the color of law, of his interest in the su/>ect -ro-ert* without due
-rocess$
'"$ On or a/out Octo/er %#, %##6, the owner of the Pro-ert*, i/adeneria, ;uit.
clai,ed all her ri+ht, title, and interest in Pro-ert* % to the CSPPSP and on or a/out 9e/ruar* &%,
%#&#, the CSPPSP ;uit clai,ed and released unto Plaintiff fore!er all ri+ht title, and interest in
Pro-ert* % Dsee attached a true and correct co-* of the Luit Clai, Deed and the Assi+n,ent of
the Causes of Action, Assi+n,ent of Proceeds ,arked as +rou- EAhi/it &%G$
':$ On or a/out 9e/ruar* %(, %#&#, Plaintiff learned that Pro-ert* % was sold at
auction to 2N3 on 9e/ruar* ', %#&#$
.&'.
'($ On A-ril &", %#&#, Plaintiff a--eared /efore Illinois Circuit Court 7ud+e 4ar*
Ann 4ason in an Illinois Law Di!ision case, Christo-her Stoller !$ Countr*wide 2ank, DCase
No$ #' L #&"JC6G in a lawsuit in!ol!in+ the su/>ect -ro-ert*$ Defendants Ste!en $ S,ith
DES,ithFG and 4ichael 5erich DE5erichFG, fro, the law fir, of 2r*an Ca!e LLC, re-resented
Defendants 2OA and Countr*wide$ Plaintiff called attention to the unlawful Trustee Sale of the
su/>ect -ro-ert* on Pa+e " at line &.%" and on Pa+e : at line &.%&$ S,ith and 5erich or an*
other re-resentati!e fro, the 2r*an Ca!e law fir,, n,v,- %,ni,% on the record that the su/>ect
-ro-ert* was unlawfull* sold at a Trustee Sale in Ari<ona without an* -rior notice e!er ser!ed
u-on the Plaintiff Dsee attached true and correct co-* of the A-ril &", %#&# Official Transcri-t,
,arked as EAhi/it &CG$
'J$ The sale of Pro-ert* % was ,ade /* a fraudulent Trustee Deed listin+ the Seller as
i/adeneira$
'6$ At the ti,e of the foreclosure sale, i/adeneira, was not the owner of Pro-ert* %
and an* deed transferrin+ title fro, a non.owner to a third -art* is !oid ab initio. The owner of
the said -ro-ert* on 9e/ruar* ', %#&#, was the CSPPSP, as well known to each and e!er*
Defendant$ Thus, the forci/le detainer action later filed /* the Defendants na,in+ i/adeneria
was a clear contu,acious act in !iolation of &6 U$S$C$ I"#&D%G or DCG$ Secondl*, for the
Defendants to now co,e /efore this court and directl* ar+ue that the fraudulent forci/le detainer
action is a !alid -roceedin+ knowin+ that the Defendants did not na,e the -ro-er -arties is a
clear !iolation of direct conte,-t &6 U$S$ C$ I"#&D&G$
''$ The CSPPSP was the lawful owner of the su/>ect -ro-ert* on the date that 2OA
sold the Pro-ert* to 2N3, which was in !iolation of &6$ U$S$C$ I"#&D%G or DCG, as well known to
each of the Defendants$
.%#.
&##$ The Luit Clai, Deed issued to CSPPSP re-resented su-erior title /ecause it ca,e
fro, the chain of title$ The Defendants@ Trustee Deed was not issued out of the chain of title, is
!oid ab initio, and was unlawfull* used as le+al >ustification to initiate a fraudulent forcia/le
detainer action in indirect contu,acious action su/>ect to &6 U$S$ C$ I"#&D%G or DCG$
&#&$ 2N3 -urchased Pro-ert* % su/>ect to the Lis Pendens. The Defendants had
knowled+e that there was -endin+ liti+ation in!ol!in+ Pro-ert* % and that if Defendants /ou+ht
the said -ro-ert*, the* were on notice as to who the -ro-er owners were and that the* could /e
sued$
&#%$ The contu,acious, cri,inal and fraudulent conduct co,-lained of in this
Co,-laint is a continuation of the dece-ti!e trade -ractices, fraudulent conduct, cons-irac*, and
Ci!il acketeerin+ acti!ities that the Defendants are known to en+a+e in as a nor,al and
acce-ted /usiness -ractice$ The afore,entioned lawsuit is attached and referenced in su--ort of
this Co,-laint$ The Defendants, The Law 9ir, of 4iles, 2auer, 2er+stro, ? 5inters LLP, and
the followin+ attorne*s, 4iles 7$ 2er+stro,, $ 2auer, 9$ 5inter, K$ 4cclenahan, 4$ Do,e*er,
T$ Cros/*, L$ 7a;ue<, D$ Carter, 0$ Corena, 5$ ash, $ 7un+, =$ Pha,, K$ Nielson, 4$ 2raun,
1$ Se*ed.Ali, $ N+u*en, 7$ 0araeedian, T$ 4orlan, K$ 5e//, 2$ Tran, A$ 0ha>ar, C$ 7ones, and
4$ See/ach, are char+ed with runnin+ a fraudulent foreclosure E,illF who en+a+ed in
contu,acious conduct in !iolation of &6 U$S$C$ I"#&$
&#C$ Under the o/>ecti!e standard for !iolation of Ci!il acketeerin+, all of the
Defendants are en+a+ed in continual racketeerin+ acti!ities$ Defendants are in the /usiness of
takin+ ad!anta+e of the ,ort+a+e foreclosure crisis, -ra*in+ on indi+ent ho,eowners and
unlawfull* sei<in+ their -ro-ert*, in !iolation of the law and in de-ri!in+ -ro-ert* owners out of
.%&.
their due -rocess without -ro-er lawful notice and na,in+ wron+ -arties in forci/le detainer
actions$
&#"$ On 9e/ruar* 6, %#&#, 2N3 set u- a ri++ed non.>udicial foreclosure sale in which
the Plaintiff was not lawfull* notified$ On A-ril &", %#&#, when confronted on the record /efore
Illinois 7ud+e 4ar* Ann 4ason DCase No$ #'L #&"JC6G, Counsel for 2OA, ne!er denied that the
Defendants failed to lawfull* notif* Plaintiff of the foreclosure sale$
&#:$ The Defendants in the Ari<ona Trustee Sale ne!er ser!ed an* -rior notice on the
interested -arties, Christo-her Stoller and the CSPPSP, this is not in dis-ute$
&#($ In this case, there was a Lis Pendens that had /een filed a+ainst Pro-ert* %, which
alerted all -otential -urchasers that Pro-ert* % was the su/>ect of liti+ation currentl* -endin+ in
Cook Count*, Illinois$ Dsee a true and correct co-* of which is attached hereto and ,arked as
EAhi/it &"G
&#J$ No Trustee sale could eAtin+uish a Lis Pendens nor an* contin+ent lia/ilit* on a
su/>ect -ro-ert*$
&#6$ 2OA, knowin+ that there was a Lis Pendens which would ha!e acted as a /ar
fro, other -arties enterin+ co,-etiti!e /ids at auction, entered into an a+ree,ent with 2N3 to
conduct a fraudulent auction sale$
&#'$ 2OA -re-ared a fraudulent deed to the auction of 9e/ruar* ', %#&# in !iolation of
the Ci!il i+hts statute$
&&#$ The -ro-ert* was !alued in eAcess of M%$C ,illion dollars$ 2OA entered into an
unlawful a+ree,ent /efore the auction with 2N3 to -urchase the -ro-ert* for onl*
M&,&&C$J:#$##$
.%%.
&&&$ 2N3 was the onl* /idder, knowin+l* ha!in+ eAcluded e!er* other -otential
/idders, as a result of the Lis Pendens that was -endin+ a+ainst the Pro-ert*$
&&%$ The auction took -laced on 9e/ruar* ', %#&#, in which the Trustee -re-ared an
unlawful Trustee@s Deed sale, which was outside the chain of title and showed that the -ro-ert*
was /ein+ sold fro, i/adeneira, who was not in title on the date of the auction, as well.known
to Defendants$ Conse;uentl*, the Trustee@s Deed sale is a wild deed, ha!in+ no force and effect$
The trustee sale on 9e/ruar* ', %#&#, eAtin+uished an* -rior ,ort+a+e on the Pro-ert*$
&&C$ The Trustee@s Deed U-on Sale Ari<ona re-resents a clear fraud on the 4arico-a
Count* ecorder@s Office$
&&"$ The Defendants cannot /enefit fro, their fraud u-on the Ari<ona Count*
ecorder@s Office in the creation of a fraudulent Trustee@s Deed U-on Sale$ 9urther, the
Defendants cannot lawfull* use their fraudulent Trustee Deed to initiate a !alid forci/le detainer
action a+ainst a non.-art*$
&&:$ The Defendant@s false sworn -leadin+s incor-orated herein /* reference, falls
under the cate+or* of false swearin+, 5innin+ 4o!es, Inc$ !$ 1iR 2a/*, Inc$, %C6 Ill$ A--$ Cd
6C", &J' Ill$ Dec$ &%, (#: N$E$%d &#%( D%d Dist$ &''%G$
&&($ Plaintiff holds ri+hts to the Pro-ert*$
&&J$ Plaintiff references his Co,-laint DDoc$ &) Notice of e,o!al, in Case No$ &&
C= &J(:G in su--ort of this Co,-laint$ On Se-te,/er J, %#&&, 4arico-a Count* Su-erior Case
No$ C=.&&.#'"6%# was re,o!ed to 9ederal Court and is now known as Case No$ C=.&&.&J(:$
&&6$ Notwithstandin+ the re,o!al of the forci/le detainer action -re!iousl* initiated in
the 4arico-a Count* case, Defendants Dincludin+ their attorne*sG -ur-osel* ,isre-resented
,aterial fact and8or law to Co,,issioner 2ernard Owens, causin+ hi, to issue an order
.%C.
unlawfull* +rantin+ an Order of E!iction of Pro-ert* % Dsee a true and correct co-* of the court
order dated Octo/er %#, %#&&, attached hereto and ,arked as EAhi/it &:G$ Defendants, under the
law, -er-etrated a ,ulti.,illion dollar heist /* falsel* assertin+ that Co,,issioner Owens had
>urisdiction to enter an order
%
in the case when the* knew Co,,issioner Owens had no
>urisdiction o!er the ,atter to do so$
&&'$ 2* !irtue of the Defendants@ dece-tion on Co,,issioner Owens, the* in effect
swindled the court in +rantin+ the, -ossession of the Pro-ert*, des-ite that Defendants
fraudulentl* re-resented to the Co,,issioner that he had >urisdiction o!er the ,atter$
&%#$ The /asic standards +o!ernin+ fraud on the court are reasona/l* strai+htforward$
As set forth in CoA !$ 2urke, J#( So$ %d "C, "J D9la$ :th DCA &''6G) The re;uisite fraud on this
court did occur, /ecause it can /e de,onstrated, clearl* and con!incin+l*, that the Defendants
ha!e sentientl* set in ,otion so,e unconsciona/le sche,e to defraud Plaintiff, includin+
Co,,issioner Owens, and unlawfull* e!ict Plaintiff@s tenant fro, Pro-ert* %, Paul Case Dthe
ETenantFG Dsee a true and correct co-* of the Tenant@s Affida!it and Lease A+ree,ent, attached
hereto and ,arked as EAhi/it &(G$ Defendants@ sche,e was calculated to interfere with the
>udicial s*ste,@s a/ilit* to i,-artiall* ad>udicate this ,atter /* -resentin+ false clai,s to
Co,,issioner Owens in order to i,-ro-erl* influence hi, to enter an order in this case des-ite
the fact Co,,issioner Owens held no >urisdiction whatsoe!er to enter such an order, Aoude !$
4o/il Oil Cor-$, 6'% 9$%d &&&:, &&&6 D&st Cir$ &'6'G$
%
An order that is +ranted when a court does not ha!e >urisdiction, is !oid abinitio$ Co,,issioner Owens@ order is
thus voi% and $n,nfo-",a3l,$ An* order or >ud+,ent entered /* a trial court without >urisdiction is !oid and ,a*
/e attached at an* ti,e$ Peo-le !$ Da!is, &:( Ill$ %d &":,&:: D&''CGH In re ,arria+e of 4itchell, &6& Ill$ %d &(', &J"
D&''6GH Peo-le !$ 1all, %'&> Ill$ A--$ Cd "&&, "&( D&''JG$ EA !oid >ud+,ent order or decree of a court will /e
re!ersed on a--eal whene!er /rou+ht /efore the court /* an* ,eans -ossi/le the -articular case$F Peo-le !$
4a+nus, %(% Ill$ Cd C(%, C(: D&''"G$ Our dut* to !acate !oid >ud+,ents, orders, and decree Eis /ased u-on the
inherent -ower of the court to eA-un+e fro, its records !oid acts of which it has knowled+e$F 4a+nus, %(% Ill$ A--$
Cd at C(:$ See also Al,+ren !$ ush.Pres/*terian.St$ Luke@s 4edical Center, &(% Ill$ %d %#:, %&# D&''"G$
.%".
&%&$ The Defendants, /ecause of their +ross ,isconduct, fraudulent clai,s and
,isre-resentation /efore this court, should not /e allowed to -ros-er in this case$
&%%$ Plaintiff ,o!es this court for a ,otion to sta* the foreclosure -roceedin+ and8or
trustee deed sale of the -ro-ert* known as %6"CJ N$ &&%
th
5a*, Scottsdale, AB 6:%(% DPro-ert*
&G Dsee a true and correct co-* of the 4arico-a Count* TaA e-ort, attached hereto and ,arked
as EAhi/it &JG$
&%C$ Stoller holds ri+hts to Pro-ert* &$
&%"$ That the Defendants should not /e allowed to -ros-er has lon+ /een central to the
,oral fa/ric of our societ* and one of the under-innin+s of our le+al s*ste, and the court should
enter an order sta*in+ the auction date of Dece,/er &(, %#&&, and issue an order !acatin+ the
Trustee Deed and -er,anentl* en>oinin+ 2N3 fro, clai,in+ an* ownershi- to the Pro-ert* & or
Pro-ert* %, or further -roceedin+ in State Court -er %6 U$S$C$A$, &""(DdG $ Ci!$ P$ (:, and
statin+ that Christo-her Stoller and8or CSPPSP is the onl& (a-t& that has a !alid interest in the
afore,entioned -ro-erties DPro-ert* & and Pro-ert* %G$
COUNT ONE
To-to$-o$# Int,-f,-,n", ?it' PlaintiffF# Cont-a"t$al Int,-f,-,n", =P-o(,-t& .) A# to
D,f,n%ant# Ban@ of N,? o-@, an% t',i- atto-n,&#
&%:$ The a/o!e +eneral alle+ations under -ara+ra-hs & throu+h &C%, includin+ an*
su/-ara+ra-hs thereof, are herein /* reference ,ade -art of the alle+ations under this Count One,
and are incor-orated in full as if -art of this Count$
&%($ On Octo/er %##6, Plaintiff -urchased Pro-ert* % fro, i/adeneira$ i/adeneira
;uit.clai,ed Pro-ert* % to CSPPSP$ CSPPSP alon+ with i/adeneira si+ned all ri+hts and
clai,s relatin+ to the -ro-ert* to Stoller$
.%:.
&%J$ On 7anuar* C#, %##', the CSPPSP o/tained a lease fro, the Tenant to occu-* the
-re,ises refered to as Pro-ert* %$ All clai,s relatin+ the lease /* CSPPSP ha!e /een assi+ned to
Christo-her Stoller
&%6$ The a,ount of rent -aid to CSPPSP /* the tenants is MC,:##$## ,onthl*$ On or
a/out 9e/ruar* ', %#&#, 2N3 unlawfull* -urchased Pro-ert* % fro, 2OA, in a fraudulent
Trustee Sale$
&%'$ The Trustee Deed was sin+ed /* a Ero/oF si+ner with no authorit* to si+n this
docu,ent$ The ille+al sale was also ne!er noticed to the Plaintiff, in !iolation of Ari<ona law$
&C#$ In 7ul* %##', 2OA filed a fraudulent forci/le detainer action atte,-tin+ to seek
-ossession of Pro-ert* % and na,in+ a sha, defendant, i/adeneira, who defendants knew was
not in -ossession or control of the -ro-ert* since at least No!e,/er of %##6$ Defendants
intentionall* na,ed i/adeneira as a -art* to the forci/le detainer action to -re!ent Plaintiff
fro, seekin+ a lawful re,o!al of the case to 9ederal Court$
&C&$ On Se-te,/er J, %#&&, Plaintiff successfull* re,o!ed the case fro, 4arico-a
Count* to Ari<ona State Court$
&C%$ Plaintiff ad!ised 7ud+e 2ernard Owens of the Notice of e,o!al, /* facsi,ile
trans,ission, which 7ud+e Owens acknowled+ed recei-t of$ Notwithstandin+ 7ud+e Owens
knowled+e of said re,o!al, 2N3 and its attorne*s, went /efore 7ud+e Owens and o/tained an
Order of Possession of Pro-ert* %, as a+ainst a sha, defendant, i/adeneira$ Defendants knew
that Paul Case was the Plaintiff@s tenant and used the fraudulentl* induced order of e!iction /*
7ud+e Owens Dsee a true and correct co-* of which is attached hereto and ,arked as EAhi/it
&6,Order of E!ictionG, in order to ha!e the Plaintiff@s tenant re,o!ed fro, Pro-ert* &$
.%(.
&CC$ The Tenant sent an e,ail to Stoller Dsee a true and correct co-* of which is
attached hereto and ,arked as EAhi/it &'G acknowled+in+ the Defendant@s continued to
torturousl* interfere with the Plaintiff@s contractual relationshi- with the Tenant$ The 4arico-a
Count* Sheriff -osted a Notice of E!iction on the door at Pro-ert* &, unlawfull* causin+ the
Tenant to e!acuate the -re,ises for fear of /ein+ char+ed with cri,inal tres-assin+$
WHEREFORE Plaintiff -ra*s for co,-ensator* da,a+es to /e deter,ined /* the court
and -uniti!e da,a+es of M&,###,###8-er da*, assessed a+ainst Defendants indi!iduall* and in
their official ca-acities for each da* the* ha!e tortuousl* interfered with the contractual
relationshi- /etween Plaintiff and the Tenant$ Plaintiff also -ra*s for attorne*s@ fees and costs
and an* other relief the court dee,s >ust and -ro-er$
COUNT TWO
F-a$%
&C"$ The a/o!e +eneral alle+ations under -ara+ra-hs & throu+h &"&, includin+ an*
su/-ara+ra-hs thereof, are herein /* reference ,ade -art of the alle+ations under this Count
Two, and are incor-orated in full as if -art of this Count$
&C:$ Defendants, 2N3 and the na,ed officers and directors and their attorne*s, ha!e
knowin+l* co,,itted co,,on law fraud and statutor* fraud /* en+a+in+ in an orchestrated
-attern and Ci!il acketeerin+ Sche,e of ,isre-resentation, o,ission and conceal,ent to
fraudulentl* o/tain -ossession and control of Plaintiff@s -ro-ert*, referred to as the Pro-erties,
and in -articular Pro-ert* &, /* ,akin+ ,isre-resentations to 7ud+e Owens, in case No$ #'"6%#,
in order to unlawfull* o/tain an order of -ossession of on Octo/er %#, %#&&, when Defendants
knew that 7ud+e Owens had a/solutel* no >urisdiction to issue an* order in the 4arico-a Case in
.%J.
!iew of the fact that the -articular case had alread* /een transferred to Ari<ona 9ederal Court on
Se-te,/er J, %#&& and /eca,e known as Case No$ &&.&J(:$
&C($ Defendants and their attorne*s then used the Octo/er %#, %#&& erroneous order of
7ud+e Owens to fraudulentl* o/tain an order of e!iction fro, the 4arico-a Count* Sheriff and
affiA it to Pro-ert* %$ Defendants knowin+l* and willfull* used the Octo/er %#, %#&& order to
terrori<e the Tenant at Pro-ert* % and threatened hi, with cri,inal tres-ass char+es if he and his
fa,il* did not !acate the -re,ises i,,ediatel*$
&CJ$ Defendants then unlawfull* sei<ed control of Pro-ert*& and chan+ed the locks on
the -ro-ert*$
&C6$ Defendants ha!e co,,itted co,,on law and statutor* fraud /* en+a+in+ in an
orchestrated -attern and sche,e of continued ,isre-resentations, -ur-ose o,issions and
conceal,ents to defraud the Plaintiff out of his -ro-ert* ri+hts in the Pro-erties$
&C'$ On Octo/er %#, %#&&, Defendants Dincludin+ their attorne*sG, ,ade
,isre-resentations and or law to 7ud+e Owens, a 4arico-a Count* 7ud+e, and fraudulentl*
induced the 7ud+e to erroneousl* enter an Order of Possession in the case DCase No$ #'"6%#G in
the Pro-ert*$
&"#$ Defendants knew that the 4arico-a Count* forci/le detainer action was
transferred to 9ederal Court in PhoeniA, AB on Se-te,/er J, %#&& and was currentl* -endin+ in
9ederal Court$
&"&$ 2N3, their officers, directors, and attorne*s, intentionall* ,isled 7ud+e Owens to
issue an Order of Possession when 7ud+e Owens had no >urisdiction o!er the forci/le detainer
action
.%6.
&"%$ 2N3 sou+ht and recei!ed an unlawful E!iction Order fro, the 4arico-a Count*
Sheriff$
&"C$ Defendants -roceeded to torturousl* interfere with Plaintiff@s contractual
relationshi- with his Tenant /* enterin+ the Pro-ert* and -ostin+ an e!iction notice and
threatenin+ the Tenant that he ,ust !acate the -ro-ert* or /e char+ed with cri,inal tres-assin+$
&""$ 1arass,ent fro, Defendants forced the Tenants to /reach the conditions of the
lease ,o!e fro, the Pro-ert*$
WHEREFORE Plaintiff -ra*s that this court enter a -reli,inar* and -er,anent
in>unction a+ainst 2ank of New 3ork and its a+ents, fro, enterin+ the -ro-ert* and i,,ediatel*
orderin+ Defendants to turn o!er Pro-ert* % to Plaintiff$ Plaintiff further re;uests that the court
;uiet title, as a sanction a+ainst 2ank of New 3ork and in fa!or of Plaintiff and that the Court
further order Defendants to -a* co,-ensator* da,a+es in an a,ount the court dee,s >ust and
-ro-er and to award Plaintiff with -uniti!e da,a+es in the a,ount of M&##,###,###$ As an
additional sanction a+ainst Defendants, Countr*wide82ank of A,erica, Plaintiff -ra*s the Court
;uiet titles in fa!or of Plaintiff for Pro-ert* &, Pro-ert* C and Pro-ert* "$
COUNT THREE
Con%$"t =") an% Pa-ti"i(ation in a RICO Ent,-(-i#,
t'-o$>' a Patt,-n of Ra"@,t,,-in> A"tivit&1
.9 U.S.C. GG .:;. =4), .:;5
&":$ The a/o!e +eneral alle+ations under -ara+ra-hs & throu+h &":, includin+ an*
su/-ara+ra-hs thereof, are herein /* reference ,ade -art of the alle+ations under this Count
Three, and are incor-orated in full as if -art of this Count$
&"($ At !arious ti,es and -laces -artiall* enu,erated in Plaintiff@s docu,entar*
,aterial, all Defendants did associate with a ICO enter-rise of indi!iduals who were associated
in fact and who en+a+ed in, and whose acti!ities did affect, interstate and forei+n co,,erce$
.%'.
&"J$ Likewise, all Defendants did conduct and8or -artici-ate, either directl* or
indirectl*, in the conduct of the affairs of said ICO enter-rise throu+h a -attern of racketeerin+
acti!it*, all in !iolation of &6 U$S$C$ II .:;.D"G, D:G, D'G, and .:;5DcG$
&"6$ Plaintiff further alle+es that all Defendants did co,,it two D%G or ,ore of the
offenses ite,i<ed a/o!e in a ,anner which the* calculated and -re,editated intentionall* to
threaten continuit*, i$e$ a continuin+ threat of their res-ecti!e racketeerin+ acti!ities, also in
!iolation of the ICO law at .9 U.S.C. .:;5DcG su-ra$
&"'$ Pursuant to 6" Stat$ '"J, Sec$ '#", Oct$ &:, &'J#, the ICO laws ite,i<ed a/o!e
are to /e li/erall* construed /* this honora/le Court$
COUNT FOUR1
Con#(i-a"& to En>a>, in a
Patt,-n of Ra"@,t,,-in> A"tivit&1
.9 U.S.C. GG .:;.=4), .:;5=%)
&:#$ The a/o!e +eneral alle+ations under -ara+ra-hs & throu+h &:#, includin+ an*
su/-ara+ra-hs thereof, are herein /* reference ,ade -art of the alle+ations under this Count
Three, and are incor-orated in full as if -art of this Count$
&:&$ At !arious ti,es and -laces -artiall* enu,erated in Plaintiff@s docu,entar*
,aterial, all Defendants did cons-ire to ac;uire and ,aintain an interest in a ICO enter-rise
en+a+ed in a -attern of racketeerin+ acti!it*, in !iolation of &6 U$S$C$ II .:;5D/G and DdG$
&:%$ At !arious ti,es and -laces -artiall* enu,erated in Plaintiff@s docu,entar*
,aterial, all Defendants did also cons-ire to conduct and -artici-ate in said ICO enter-rise
throu+h a -attern of racketeerin+ acti!it*, in !iolation of &6 U$S$C$ II .:;5DcG and DdG$ See also
&6 U$S$C$ II .:;.D"G, D:G and D'G$
&:C$ Plaintiff further alle+es that all Defendants did co,,it two D%G or ,ore of the
offenses ite,i<ed a/o!e in a ,anner which the* calculated and -re,editated intentionall* to
.C#.
threaten continuit*, i$e$ a continuin+ threat of their res-ecti!e racketeerin+ acti!ities, also in
!iolation of .9 U.S.C. .:;5DdG DProhi/ited acti!ities su-raG$
WHEREFORE -ursuant to the statutes at .9 U.S.C. .:;<DaG and DcG, Plaintiff re;uests
>ud+,ent a+ainst all na,ed Defendants as follows) That this Court li/erall* construe the ICO
laws and there/* find that all Defendants, /oth >ointl* and se!erall*, ha!e ac;uired and
,aintained, /oth directl* and indirectl*, an interest in and8or control of a ICO enter-rise of
-ersons and of other indi!iduals who were associated in fact, all of who, en+a+ed in, and whose
acti!ities did affect, interstate and forei+n co,,erce in !iolation of .9 U.S.C. .:;5D/G
DProhi/ited acti!itiesGH that all Defendants and all their directors, officers, e,-lo*ees, a+ents,
ser!ants and all other -ersons in acti!e concert or in -artici-ation with the,, /e en>oined
te,-oraril* durin+ -endenc* of this action, and -er,anentl* thereafter, fro, ac;uirin+ or
,aintainin+, whether directl* or indirectl*, an* interest in or control of an* ICO enter-rise of
-ersons, or of other indi!iduals associated in fact, who are en+a+ed in, or whose acti!ities do
affect, interstate or forei+n co,,erceH that all Defendants and all of their directors, officers,
e,-lo*ees, a+ents, ser!ants and all other -ersons in acti!e concert or in -artici-ation with the,,
/e en>oined te,-oraril* durin+ -endenc* of this action, and -er,anentl* thereafter, fro,
co,,ittin+ an* ,ore -redicate acts in furtherance of the ICO enter-rise alle+ed in COUNT
ONE su-raH that all Defendants /e re;uired to account for all +ains, -rofits, and ad!anta+es
deri!ed fro, their se!eral acts of racketeerin+ acti!it* in !iolation of .9 U.S.C. .:;5D/G and
fro, all other !iolationDsG of a--lica/le State and federal lawDsGH that >ud+,ent /e entered for
Plaintiff and a+ainst all Defendants for Plaintiff@s actual da,a+es, and for an* +ains, -rofits, or
ad!anta+es attri/uta/le to all !iolations of .9 U.S.C. .:;5=3), accordin+ to the /est a!aila/le
-roofH that all Defendants -a* to Plaintiff tre/le Dtri-leG da,a+es, under authorit* of &6 U$S$C$
.C&.
&'("DcG, for an* +ains, -rofits, or ad!anta+es attri/uta/le to all !iolations of &6 U$S$C$ &'(%D/G,
accordin+ to the /est a!aila/le -roofH that all Defendants -a* to Plaintiff all da,a+es sustained
/* Plaintiff in conse;uence of Defendants@ se!eral !iolations of .9 U.S.C. .:;5D/G, accordin+ to
the /est a!aila/le -roofH that all Defendants -a* to Plaintiff 1is costs of the lawsuit incurred
herein includin+, /ut not li,ited to, all necessar* research, all non.>udicial enforce,ent and all
reasona/le counsel@s fees, at a ,ini,u, of M&:#$## -er hour worked DPlaintiff@s standard
-rofessional rate at start of this actionGH that all da,a+es caused /* all Defendants, and all +ains,
-rofits, and ad!anta+es deri!ed /* all Defendants, fro, their se!eral acts of racketeerin+ in
!iolation of .9 U.S.C. .:;5D/G and fro, all other !iolationDsG of a--lica/le State and federal
lawDsG, /e dee,ed to /e held in constructi!e trust, le+all* forei+n with res-ect to the federal <one
PsicQ, for the /enefit of Plaintiff, 1is heirs and assi+nsH and that Plaintiff ha!e such other and
further relief as this Court dee,s >ust and -ro-er, under the circu,stances of this action$
es-ectfull* su/,itted,

Christo-her Stoller, K4%C6&C
DiAon Correctional 9acilit*
%(## N$ 2rinton A!enue
DiAon, IL (&#%&
DECLAATION
The undersi+ned, Christo-her Stoller, declares that he is authori<ed to eAecute this
docu,ent on his /ehalf, that all state,ents ,ade of his own knowled+e are true and all
state,ents ,ade on infor,ation and /elief are /elie!ed to /e trueH and further that these
state,ents were ,ade with the knowled+e that willful false state,ents and the like so ,ade are
-unisha/le /* fine or i,-rison,ent, or /oth, under Section &##& of Title &6 of the United States
Code$ The docu,ents attached hereto are true and correct co-ies of the ori+inals$

Christo-her Stoller
.C%.