Bank of America Corporation
Complaint filed the US Attorney Office, Central District of California, against Brian Moynihan – President/CEO, Bank of America Corporation, and Bryan Cave, LLP Attorneys - Alleging Racketeering and Large Scale Financial Institution Fraud.
Los Angeles, July 6. 2010 - complaint was filed with the US Attorney Office, Central District of California, against Brian Moynihan – President/CEO, Sandor Samuels – Associate General Counsel, Bank of America Corporation, and Attorneys Jenna Moldawsky and John Amberg alleging:
(a) Public Corruption and Financial Institution Fraud relative to their conduct in Samaan v Zernik (SC087400) at the Superior Court of California, County of Los Angeles pursuant to various acts, including, but not limited to the Fraud Enforcement and Recovery Act (2009);
(b) Large-scale fraud on the US government and the US taxpayer in funding government-backed uniform (sub-prime) residential loan applications with no underwriting at all in violation of Regulation B of the Federal Reserve and “sound banking principles” as evidenced in records produced in the same caption;
(c) Consequent violations of Qui Tam – False Claims Act – in seeking hundreds of billions of dollars in bailout funds from the US government for the large-scale default of such loans, which were funded in violation of the law, and
(d) Large-scale securities fraud pursuant to the Securities Exchange Act (1934) and Sarbanes Oxley Act (2002), relative to false certification signed starting January 1, 2010 by Brian Moynihan as President/CEO of Bank of America Corporation in periodic reports to the Securities and Exchange Commission, failure to report fraud by corporate counsel and by management to the Audit Committee, and refusal to allow review of complaints by the Audit Committee.
Combined, their conduct is alleged as involving numerous predicated acts in the past three years, and satisfying the elements required for prosecution for racketeering pursuant to RICO – the Racketeer Influenced and Corrupt Organization Act (1970).
The July 6, 2010 complaint relied in part on previous complaints:
(a) June 11, 2010 complaint against Brian Moynihan and Bank of America Corporation, filed with the Office of Comptroller of the Currency and the Securities and Exchange Commission;
(b) June 21, 2010 complaint, filed with the US Attorney Office, Central District of California against Attorney David Pasternak, former President of the Los Angeles Bar Association, alleging public corruption and deprivation of rights under the color of law relative to real estate fraud under the caption referenced above, as opined by one of the best known fraud experts in the US and FBI agent assigned to the case, and
(c) May 11, 2010 complaint, filed with FBI against Nivie Samaan and others for real estate fraud and other violations of the law.
US banking regulators and the US Justice Department repeatedly promised the US Congress, the people of the US, and the international community to investigate any criminality that may have caused the current economic crisis, inflicting harm on workers and investors world-wide. The case at hand documents in great detail such alleged criminality. Therefore, the US Attorney, Central District of California, was called upon to perform his duties and provide equal protection to complainant Dr Joseph Zernik, to shareholders of Bank of America Corporation, and to all who reside in the United States pursuant to the US Constitution and ratified international law – the Universal Declaration of Human Rights.
Conduct documented in the July 6, 2010 complaint was not unique at all, only its scale and the evidence of involvement of senior management were. Examples were provided of similar conduct in other cases.
The case also documented the central role of alleged widespread corruption of the legal profession in undermining US financial systems and corporate governance, and failure of US law enforcement and the courts to enforce provisions of the Sarbanes Oxley Act (2002), which were specifically enacted to address such conduct by counsel.
The complaint further alleged that continued dysfunctional state of US banking regulation posed risks to the US economy that are difficult to assess.
The complaint was copied to the UPR Office of the United Nations, UPR Office of the US State Department, Basel Accords Committee on international banking, National Banks – Research Departments, the Honorable Dianne Feinstein, Senator from California, United States Congress – Judiciary Committees, and United States Congress – Banking Committees.
In April 2010, Dr Zernik and Human Rights Alert (NGO) filed report with the United Nations for its first ever review of Human Rights in the United States, scheduled for November 2010. The report alleged widespread corruption of the justice system in Los Angeles County, California, and refusal of US government to provide equal protection to the 10 million residents of the county.
10-07-06 Complaint Filed with US Attorney Office, Los Angeles against Brian Moynihan, Bank of America (NYSE:BAC), Bryan Cave, LLP, Alleging Racketeering and Large Scale Financial Institution Fraud.