Dr Z

Joseph Zernik, PhD

PO Box 526, La Verne, CA 91750; Digitally signed by Joseph H Zernik
DN: cn=Joseph H Zernik, o, ou,
Fax: 801 998-0917; Email: jz12345@earthlink.net email=jz12345@earthlink.net, c=US
Location: La Verne, California
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs Date: 2010.01.10 09:02:12 -08'00'

10-01-10 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.

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.
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

Page 2/4 January 10, 2010

#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 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.

Page 3/4 January 10, 2010

• 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.
• 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 to this date in
alleged extortion under the guise of litigation. Such alleged racketeering took place under the false
caption of Samaan v Zernik (SC087400) of 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 Court of California, County of Los Angeles,
under false caption of Samaan v Zernik (SC087400).

Page 4/4 January 10, 2010

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 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 <jz12345@earthlink.net>
Blog: http://inproperinla.blogspot.com/
Scribd: http://www.scribd.com/Free_the_Rampart_FIPs