10-01-27 us office of comptroller of the currency: complaint against bank of america (case #...

8/14/2019 10-01-27 US Office of Comptroller of the Currency: Complaint against Bank of America (Case # 00971981) -alleging conduct amounting to racketeering by Bank of America and Brian Moynihan - Response to Compalint s

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C)Comptroller of the CurrencyAdministrator of National Banks

January 27,2010Joseph H Zernik PhdPO Box 526LA Verne CA 91750

Re: Case# 00971981 IBANK OF AMERICA, NATIONAL A S S ~ C I A TION

Dear Dr. Zernik:The Office ~ the Comptroller of the Currency ~ O C C ) is responding to your letter regarding theabove-mentlOned banle The focus of the: oce s review of consumer complaints against nationalbanks is to determine whether the banks' actions are consistent with banking statutes, regulationsor any policies that are applicable to nationally 'chartered banking institutions.You alleged racketeering by the bank's predecessor, the bank, unnamed California judges, thepurported law firm for the bank, and a number of individuals. In 2004, one of these individualsIallegedly acted as a straw purchaser of your residence on behalf of another individual and the twoof them filed false loan applications with the b'\fik's predlecessor. The straw purchaser 's mortgageapplication was apparently denied and e v e n t u a l ~ y you canceled the escrow for the purchase contract. You indicated that in October of 2005 p the straw purchaser allegedly sued you in theLos Angeles County Superior Court claiming that you were responsible for her application(s)being denied. You indicate that the bank's predecessor filed hundreds of pages of documents insupport of the straw purchaser's claim. You ass;ert that the bank's predecessor and now the bankhave been unresponsive to your concerns and asse11 that you have suffered damages in excess of$2 million.In subsequent correspondence you alleged "criinal schemes by large US financialinstitutions[.]" You asserted that you were the victim of a criminal enterprise and that as a part of

Digitally signed byJoseph H Zernik

DN: cn=Joseph H

Zernik, o, ou,email=jz12345@eart

hlink.net, c=USLocation: La Verne,

CaliforniaDate: 2010.02.02

02:54:22 -08'00'


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by several former federal law enforcement o f f i ~ e r s . The alleged frauds were not uncovered orreported on by the bank's internal audit procedures. You also alleged that the bank and itspredecessor have appeared in court to further the alleged fraudulent scheme. You also allege civilviolations of the Racketeer Influenced and COl1upt Organizations (RICO) Ad and the FalseClaims Act.Later we received correspondence from you addressed to the bank largely reiterating your fraudallegations as well as correspondence to this agency alleging violations of Section 307 of theSarbanes-Oxley Act (15 USC 7245) and the S ~ c u r i t i e s and Exchange Commission's rulesimplementing it (17 CFR Part 205).We forwarded your correspondence to the ba.nN which responded to you by letter, a copy ofwhich is enclosed. In it, the bank indicat'cd that because you are not a current customer it will notdiscuss the matter with you or disclose information concerning the account.We have reviewed the correspondence.To the extent that you are trying to assel1: fraud, civil violations of RICO, the False Claims Act orany other civil claims for damages, we will be unable to assist you. The OCC is a regulatoryagency, not a court. Your claims for damages will need to be addressed to the courts. You maywish to consult with legal counsel to ensure that your rights are protected.We also lack the authority to investigate crimes. If you believe that crimes have been committedyou may wish to contact state or federal law enforcement agencies concerning your allegations.As to your assertions that there have been violations of Section 307 of the Sarbanes-Oxley Actand its implementing regulation, we note that the statutory section is an authorization for theSecurities and Exchange Commission (SEC or Commission) to issue regulations and that theregulations themselves are enforced by the SEC. If you believe that there has heen " .. . a material

Iviolation of securities law or breach of fiduciary duty or similar violation by the company or anyagent the reof... " (see, 15 USC 7245(1)) you will need to raise that claim with ,the Commission.Thank you for bringing your concerns to our attention. If we can assist you in the future, plea.sedo not hesitate to contact our office.

Sincerely,


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2ROM B A N K O F A M E R I C A 1a,S31GaSeS ( F R I ) ~ A N a 2010 1 G : O : ~ / S T . ~ e : o e / N o . 7 5 2 3 a 3 7 a 4 . S p

BankofAmerical ~ Office of the CEO & Pre8ident

January 8,20 10Dr. Joseph H ZernikPO Box 526La Verne, Ca 91750

Dear Dr. Zernik:This letter is in response to your inquiry. As a Customer Advocate for Bank of ~ m e r i c a ' s Office ofthe CEO and President, rwelcome the opportunity to respond to your concern. Y10ur letter has beenforwarded to my office for review and responseUnfortunately, because our records do not renect that you are currently a Bank of America customerwe will not be able to discuss the loan to which we be'lieve you are referring, nor will any intom1ationbe disclosed with regard to this account Jj is also noted that you have previously raised these issueswith the Company, and we found no basis for further investigation.If you have any questions about the infonnation contained in this letter, please contact our outsidecounsel, John Amberg and Jenna Moldawsky at Bryan Cave LLP. Thank you.Sincerely,~ C ~ : i J Customer AdvocateOffice of the CEO and President

cc: Office of the Comptroller of the Currency


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10-01-27 us office of comptroller of the currency: complaint against bank of america (case #...

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