Tuesday, August 3, 2010

10-08-03 US Officer - Mary Schapiro, SEC Chair - Requested to Perform her Duties in re: Complaints against Bank of America Corporation (NYSE:BAC) and Countrywide Financial Corporation // EE.UU. Oficial - Mary Schapiro, Presidente SEC - Pidió a ejercer su cargo en Re: Queja contra el Bank of America Corporation (NYSE: BAC) y Countrywide Financial Corporation

Los Angeles, August 3 - Joseph Zernik, PhD, Shareholder of Bank of America Corporation, and victim of fraud by the Corporation, as opined by fraud experts, filed request with Mary Schapiro, Stock and Exchange Commission (SEC) Chair, to perform her duties as a US officer, by acknowledging receipt of Complaints, by issuing reference numbers on Complaints, as such, by ensuring the timely investigation and response on Complaints, and by according equal protection to the Complainant and shareholders of the Corporation. [1]

The request followed a July 27, 2010 Freedom of Information Act (FOIA) response by SEC, [2] which failed to include complaints filed starting 2007 against Countrywide Financial Corporation, Bank of America Corporation, Angelo Mozilo, Sandor Samuels, and Brian Moynihan.  The FOIA response however, did provide documentation of refusal of SEC to provide acknowledgement on the Complaints, as such, with complaint reference numbers, regardless of repeated requests. Also missing from the FOIA response was any response on the Complaints.  Dr Zernik never received any response on the Complaints, either.

In his request, Dr Zernik pointed out the high public policy significance of the Complaints,
[3] [4] which included detailed evidence of:
1)       Large-scale fraud against the US Government - through the funding of sub-prime loans with no underwriting at all, as far back as 2004;
2)       Large-scale fraud against Shareholders - through the undermining of any internal or external audit at Countrywide Financial Corporation as early as 2004;
3)       Failure of Bank of America Corporation to perform in compliance with the Securities and Exchange Acts and Sarbanes-Oxley Act (2002), including, but not limited to refusal to permit the Audit Committee to review Complaints filed pursuant to the law, and false certifications by CEO Brian Moynihan in reports filed with SEC in 2010; 
4)       False disclosures pursuant to the Basel Accords on international banking;
5)       Ongoing refusal of the United States Government to establish honest and effectual banking regulation, and
6)       The tight linkage between integrity, or lack thereof, of the courts and the legal profession in the United States, and the current financial crisis, and ongoing refusal of the United States Government to protect the Human Rights of individuals against alleged criminality by large financial institutions.

The request also noted that the Complaints
[3] [4] provided detailed evidence regarding circumstances surrounding the ouster of Mr Timothy Mayopoulos as General Counsel of Bank of America Corporation on December 10, 2008, a question that had been unsuccessfully investigated by US Congress, by New York Attorney General Andrew Cuomo, and others.  The evidence provided in the Complaints showed that following the July 1, 2008 takeover of Countrywide Financial Corporation by Bank of America Corporation, Mr Mayopoulos brought to a halt conduct at the Legal Department of Countrywide Financial Corporation, which was alleged as racketeering.  Within 24 hours after his ouster and the appointment of Brian Moynihan as General Counsel, such conduct was resumed.

Brian Moynihan was today Bank of America Corporation's President, and the Corporation was the recipient of some $200 billions in bailout funds under the current crisis.  Failure of SEC to address the Complaints was claimed as reflection of failure of the United States to act as a good-faith party to the Basel Accords on international banking, as undermining any valid risk assessment and risk reduction at the largest consumer bank in the United States, whose stability and liquidity were repeatedly questioned in recent years by analysts, and as reflection of failure to abide by duties and responsibilities of the United States pursuant to ratified international law - the Universal Declaration of Human Rights.

The request was copied to the Ambassador of the People's Republic of China - holder of over $2 trillion reserves denominated in US Dollars, to the United Nations High Commissioner of Human Rights  - as part of the 2010 Universal Periodic Review of Human Rights in the United States, to the Basel Accords Committee on international banking, and to the US Congress Judiciary and Banking Committees.

[1] August 3, 2010 Request for US Officer - Mary Schapiro, SEC Chair to Perform her Duties.
[2] July 27, 2010 SEC FOIA response #10-03965, re: Complaints against Bank of America Corporation (NYSE:BAC) and Countrywide Financial Corporation:
[3] March 6, 2010 Complaint filed with SEC Chair Mary Schapiro against Bank of America Corporation (NYSE:BAC) and its President/CEO and former General Counsel � Brian Moynihan.
[4]June 11, 2010 Complaints filed with Office of Comptroller of the Currency and SEC Chair Mary Schapiro against Countrywide Financial Corporation, Bank of America Corporation, and its CEO/President Brian Moynihan alleging fraud and extortion on Dr Zernik fraud on shareholders, banking regulators, and the US taxpayer.
Human Rights Alert (HRA), NGO
Human Rights Alert - NGO
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.
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