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Dr Z Digitally signed by

Joseph H Zernik
DN: cn=Joseph H
Joseph Zernik, PhD Zernik, o, ou,
email=jz12345@ear
PO Box 526, La Verne, CA 91750; thlink.net, c=US
Location: La Verne,

Fax: 801 998-0917; Email: jz12345@earthlink.net California


Date: 2010.01.31
21:36:27 -08'00'
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs

10-
10-01-
01-31 (1) Request for clarification of conduct of SEC regarding previous complaint against BAC
(2) Request for clarification conduct of SEC through release of public record in SEC v BAC
(1:09
1:09-
09-cv-
cv-06829)
(3) New complaint against BAC, dated January 31, 2010.
Timely response requested within 10 business days.
Mary Schapiro, Chair
US Securities and Exchange Commission
By email

Dear Ms Schapiro:
Please accept this notice as a request for clarification of conduct of SEC regarding previous complaint by
Shareholder Joseph Zernik against Bank of America Corporation (BAC), receipt acknowledged by Ms Mary
Schapiro on January 11, 2010, as a request for clarification of enforcement conduct of SEC through release of
public record in SEC v BAC (1:09-cv-06829), and as a new complaint against BAC, dated January 31,
2010. Response on these matters is kindly requested within 10 business days, to allow a meaningful
shareholders meeting, scheduled for February 23, 2010.
1) Request for clarification of conduct of SEC regarding complaints by Shareholder Joseph Zernik of
alleged criminal conduct at BAC, receipt acknowledged by SEC Chair on January 11, 2010.
a) Nature of previous complaints – allegations of fraud and other criminal conduct in at BAC.
Previous complaints alleged that Countrywide Financial Corporation (CFC), and later BAC engaged
in various criminalities since 2004 and to this date, including, but not limited to:
i. Conduct that amounted to racketeering by individual affiliated or associated with Countrywide Financial
Corporation (CFC), and later with BAC, at the Superior Court of California, County of Los Angeles.
ii. Money laundering transactions between Attorney David Pasternak and Bryan Cave, LLP - acting as
purported Outside Counsel of CFC, and later BAC.
iii. Tampering with a witness - Diane Frazier - former senior underwriter at CFC.
iv. Harassment, retaliation, intimidation of a witness, informant and victim - Joseph Zernik.
v. Employment and court appearances by false Outside Counsel - one of the largest law firms in the US -
Bryan Cave, LLP.
vi. Conduct amounting to obstruction and perversion of justice by such false Outside Counsel.
vii. Direct involved in alleged criminalities by Sandor Samuels - former Chief Legal Officer of CFC, and
today - Associate General Counsel of Bank of America Corporation - past and present holder of direct
reporting duties to SEC.
viii.Refusal of the Audit Committee of BAC to address complaints filed pursuant to Sarbanes Oxley Act
(2002)

The nature of the allegations in complaints filed by Shareholder Joseph Zernik against BAC was such
that would make their investigation by SEC essential for safeguarding the interests of shareholders in
general.

b) Nature of previous responses by SEC – refusal to address complaints against BAC as such.
The refusal of SEC to address any complaint against BAC as a complaint, was documented in the
most recent exchanges in January 2010:
 Page 2/4 January 31, 2010

i. Complaints by BAC shareholder, Joseph Zernik, against Bank of America Corporation were
forwarded to Mary Shapiro, SEC Chair’s personal attention, and explicitly identified as “Complaint”
of alleged violations of the law pursuant to Sarbanes Oxley Act (2002), and of conduct amounting
to racketeering pursuant to RICO – Racketeering Influenced and Corrupt Organization Act 18 USC
§1961-1968.
ii. January 11, 2010 Email Notice, by Mary Schapiro, SEC Chair, acknowledged receipt of such
complaints, albeit, referred to them only as “message”. SEC Chair’s response stated:

“I have received your message and provided it to the appropriate staff. Thank you for
contacting me.”

iii. January 22, 2010 Letter by Michele Wein Layne, SEC Associate Regional Director, was
received by Complainant and BAC shareholder, Joseph Zernik, which had no plausible
explanation, unless as a response to the complaints filed with Mary Schapiro, SEC Chair, receipt of
which was acknowledged on January 11, 2010. However, the January 22, 2010 Letter’s subject
line read:

Securities and Exchange Commission v. Allgelo Mozilo, David Sambol, and Eric Sieracki,
(C.D. Cal.), Civil Action No. CV 09-03994 (JFW)

Otherwise stated - in response to complaints against BAC which alleged violations of the US Penal Code,
complainant received a response from SEC, which informed him of a civil litigation, where Defendants
were individuals, none of whom was affiliated with Bank of America Corporation. Such response by SEC
was irrelevant to the complaints.
Mary Schapiro, SEC Chair, is therefore requested to provide Shareholder Joseph Zernik, response
regarding the disposition of his complaints against BAC, receipt acknowledged by Ms Schapiro on
January 11, 2010.
2) Request for clarification by Mary Schapiro, SEC Chair, of the nature of SEC conduct in SEC v
BAC (1:09-cv-06829), through release of public records.
Shareholder Joseph Zernik further brought to the attention of SEC Chair, Mary Schapiro, the
questionable nature of enforcement under SEC v BAC (1-09-cv-06829), and the denial of access to
public records:
a) Both the US Court and counsel for SEC and BAC refused to provide access to public records,
which were the summons, as issued by the Clerk of the US Court, and the NEFs (Notices of
Electronic Filings) of the US Court orders under such caption.
b) Request for copies of such public records was therefore directly addressed to Mr Brian
Moynihan, President of Bank of America Corporation and former General Counsel. However,
Mr Moynihan failed to respond on such request.
c) Therefore, Shareholder Joseph Zernik, filed Freedom of Information Act (FOIA) request with
SEC – for copies of such public records, which were the summons, as issued by the clerk, and
the NEFs of court orders under the caption of SEC v BAC (1:09-cv-06829). However, it was
unlikely that response to FOIA request would be obtained prior to the February 23, 2010
shareholders meeting.
Such papers are essential for shareholders to assess the integrity of operations of BAC. Specifically,
since such papers pertained to court action, and since Mr Brian Moynihan previously served as a
General Counsel, such papers are essential for assessing the integrity of operations of Bank of
America Corporation and its highest level management.
Mary Schapiro, SEC Chair, is therefore requested to provide Shareholder Joseph Zernik copies of
such public records in a timely fashion.
 Page 3/4 January 31, 2010

3) New complaint against Bank of America Corporation, filed herein with Mary Schapiro, Chair,
SEC alleges:
a) Bank of America Corporation periodic reports in the past year and a half included false
statements, under certifications pursuant to Sarbanes Oxley Act (2002): Upon investigation it
would be confirmed that complaints of fraud involving management or other employees who
have a significant role in the registrant’s internal control over financial reporting, were
NOT disclosed to the Audit Committee, as required by law. Furthermore, material deficiencies
in operation of the Audit Committee are alleged, based on correspondence with General
Tommy Franks, former member of the BAC Audit Committee.
Periodic reports by Bank of America Corporation in the past year and a half routinely included false
and deliberately misleading certifications pursuant to Sarbanes Oxley Act (2002). The language of
such certifications stated:
The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation
of internal control over financial reporting, to the registrant’s auditors and the audit committee of the
registrant’s board of directors (or persons performing the equivalent functions):

b) Any fraud, whether or not material, that involves management or other employees who have
a significant role in the registrant’s internal control over financial reporting.
However, correspondence of Shareholder Joseph Zernik with General Tommy Franks, former
Member, Bank of America Audit Committee, would lead a reasonable person to conclude that
complaints by Shareholder Joseph Zernik of fraud involving management and other employees who
have significant role in internal control over financial reporting, which were addressed to the Audit
Committee, and filed pursuant to the Sarbanes Oxley Act (2002), were never disclosed to the Audit
Committee.
Furthermore, in such correspondence, General Tommy Franks wrote that he refused in general to
make any statement on the record regarding integrity of operations of BAC during his tenure as
Member of the Audit Committee. Such statement by a former Member of the Audit Committee, in
and of itself raised concerns regarding the nature of internal controls at BAC, and the conduct of the
Audit Committee, and requires investigation by SEC, in order to protect the interests of Shareholders.
b) On December 10, 2008, Brian Moynihan, was promoted to General Counsel, and former
General Counsel Timothy Mayopoulos, was ousted. Such changes took place in close correlation
with resumption of conduct in violation of the penal code by BAC, which were opposed by the
office of General Counsel under Mr Mayopoulos.
Both Bank of America shareholders and the United States Congress were left in the dark regarding the
true nature of events related to replacement of the Bank of America General Counsel on December
10, 2009. Following is description of events from Law.com:
…general counsel Tim Mayopoulos was called out of a meeting with a Merrill executive and
into the office of then-chief risk officer Amy Brinkley on Dec. 10. At the time Mayopoulos had been
the bank's general counsel for five years and reported to Brinkley, who retired in June.
Brinkley fired Mayopoulos on the spot and had him escorted from the building, according to sources,
without giving a reason. Mayopoulos, who became general counsel at Fannie Mae in Washington
D.C. in April, didn't return phone calls for comment. Edward Hinson of Charlotte, N.C.-based James
McElroy & Diehl, says he can't comment because Mayopoulos signed a severance agreement that
pledged confidentiality.

In a terse press release on Dec. 10, bank chief executive Ken Lewis announced that another bank
executive, Brian Moynihan, had been named general counsel. While a lawyer, most of Moynihan's
experience was on the bank's business side as head of the global wealth management unit. "In these
tumultuous times, the role of general counsel requires broad business and legal expertise," Lewis said
in the press release.
 Page 4/4 January 31, 2010

Shareholder Joseph Zernik alleges that evidence in his possession documented the following facts,
which were closely correlated with the change of the General Counsel at Bank of America
Corporation:
i) Under General Counsel Timothy Mayopoulos, attempts were at least made by the General
Counsel office to stop fraudulent conduct by the former Countrywide Financial Corporation Legal
Department, headed by Sandor Samuels.
ii) Within days after appointment of Brian Moynihan as General Counsel of BAC, the former
Countrywide Financial Corporation Legal Department, headed by Sandor Samuels, proceeded
with its fraudulent conduct with full force and with full cooperation by the office of BAC.
Such allegations pertain directly to the person who is today the President of Bank of America Corporation,
and to integrity of operations under his leadership. BAC is also the recipient of some $200 billions in
bailout funds. Therefore, it is unreasonable for SEC to continue its refusal to acknowledge any complaint
of alleged criminality at BAC and it top management.
Mary Schapiro, SEC Chair, is therefore requested to acknowledge receipt of Complaint dated
January 31, 2010 by Shareholder Joseph Zernik.

In sum: Conditions were created whereby shareholders of BAC, and likewise, the international financial
community are denied the ability to make any informed decisions regarding the integrity of operations at
BAC, and also regarding allegations of criminality by senior management at BAC. SEC is therefore
kindly requested to perform its duties, in a manner that would allow valid risk assessment and/or risk
reduction, and likewise, would allow the conduct of a meaningful shareholders meeting on February 23,
2010.
Timely response requested within 10 business days.
Respectfully,
Dated: January 31, 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

CC:
1) Basel Accords Committee
2) International Central Banks, analysis departments
3) US Congress, NGOs
4) David Kotz, SEC Office of SEC Inspector General
5) Office of Comptroller of the Currency
6) Analysts

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