Вы находитесь на странице: 1из 18
FOR IMMEDIATE RELEASE Harihar to bring “Color of Law” violations against the United States in

FOR IMMEDIATE RELEASE

Harihar to bring “Color of Law” violations against the United States in Harihar vs. US Bank et al.

Boston, MA, May 16, 2016 A Motion was filed today in the US District Court (Boston, MA, Docket No: 15-cv-11880, Harihar vs. US Bank et al) citing “Color of Law” violations against the United States. These evidenced allegations brought by the pro se Plaintiff Mohan A. Harihar come after an email communication was delivered on May 6, 2016 to the direct attention of President Barack Obama (via Senior Advisor Valerie Jarrett), requesting his assistance with the appointment of a Federal/Special prosecutor to this matter.

The communication has necessarily been sent to the head of the Executive Branch of government, as evidenced Color of Law allegations (18 U.S.C. §242; 18 U.S.C. §245; 42 U.S.C. §1983) against the United States are clear. By refusing to prosecute the clearly evidenced criminal misconduct, the United States and the Commonwealth of Massachusetts has declared that it will not protect this American- born citizen from the crimes committed against him. Previously, a separate communication expressing these serious allegations was brought to the direct attention of US Inspector General Michael E. Horowitz, on March 14th and March 25th, 2016. The Inspector General has yet to respond to the Plaintiff.

The Plaintiff’s legal effort, which began over five years ago in Massachusetts State Court(s), includes a familiar topic Illegal Foreclosure and the US Foreclosure Crisis. It also includes Harihar’s Intellectual Property known as the “FCS Model” – an Economic framework designed to address the variables of the Foreclosure Crisis, while delivering substantial economic growth to the US.

Scroll down to view a copy of the filed Motion in its entirety.

In the meantime, Harihar’s efforts to secure an experienced legal team in this multi-billion dollar federal lawsuit continue. Minimum requirements will include legal expertise in Intellectual Property, Real Estate/Foreclosure Law, Federal Trial Court litigation, & litigation involving the Government. Law firms interested in representing Mr. Harihar are encouraged to reach out to him directly (see below).

For Further Media Information Contact: Mohan A. Harihar Email: mh.foreclosure1@gmail.com Phone: 617.921.2526 (Mobile)

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

MOHAN A. HARIHAR

11880

Plaintiff

v.

US BANK NA, et al.

Defendants

Docket No: 2015-cv-

MOTION TO FILE THIRD AMENDED COMPLAINT PLAINTIFF ADDS COLOR OF LAW VIOLATIONS AGAINST THE UNITED STATES, PURSUANT TO 18 U.S.C. §242; 18 U.S.C. §245; 42 U.S.C. §1983

The Plaintiff, Mohan A. Harihar respectfully informs the Court,

that on May 6, 2016 an email communication was delivered to the

direct attention of President Barack Obama (via Senior Advisor

Valerie Jarrett), requesting his assistance with the

appointment of a Federal/Special prosecutor to this matter. 1

The communication has necessarily been sent to the head of the

Executive Branch of government, as evidenced Color of Law

allegations (18 U.S.C. §242; 18 U.S.C. §245; 42 U.S.C. §1983)

1 See Attachment A

against the United States are clear 2 . By refusing to prosecute

clearly evidenced criminal misconduct, the United States has

declared that it will not protect this American-born citizen

from the crimes committed against him. The Court is already

aware, that a separate communication expressing these serious

allegations was previously brought to the direct attention of

US Inspector General Michael E. Horowitz, on March 14th and

March 25th, 2016. 3 The Inspector General has yet to respond to

the Plaintiff.

The Plaintiff has made EVERY EFFORT for over five (5) years,

not only to seek and retain legal counsel for the evidenced

civil misconduct; but also for alignment with state/federal

prosecutors to address and prosecute the related criminal

misconduct. THE RECORD WILL SHOW that the Plaintiff has sought

help/protection in addressing these civil/criminal infractions

from ALL THREE (3)branches of government Executive, Judicial

and Legislative:

1. Lowell(MA) and Boston(MA) Police Departments;

2. Middlesex County (MA) District Attorney’s Office;

2 See Attachment B 3 See Attachment C

3. The Massachusetts Attorney General’s Office, including

numerous documented email communications sent directly to

(and received by) former Attorney General Martha Coakley

and current MA Attorney General Maura Healey;

4. Massachusetts Governors - Deval Patrick (former) and

Charlie Baker (current).

5. Massachusetts Office of the Inspector General, including

documented communications directly to MA Inspector General

Glenn A. Cunha;

6. Lowell (MA) District Court;

7. Northeast Housing Court (MA);

8. Middlesex Superior Court (MA);

9. Massachusetts Appeals Court;

10. Massachusetts Supreme Court;

11. Legislative Parties including - US Senator Elizabeth

Warren (MA), US Senator Ed Markey (MA), US Congresswoman

Niki Tsongas (MA), and State Senator Eileen Donoghue (MA);

12. The US Attorney’s Office (MA), including documented

communications sent to the direct attention of US Attorney

Carmen Ortiz;

13. The Federal Bureau of Investigation (FBI), Boston and

Washington offices, including documented communications

sent to the direct attention of Assistant Director Andrew

McCabe;

14.

The Executive Office of the Department of Justice (DOJ);

15. The United State Office of the Inspector General,

including documented communications sent to the direct

attention of US Inspector General Michael E. Horowitz, and

now;

16. President Barack Obama, as head of the Executive branch of

government. There has been NO REPLY from the WHITE HOUSE as

of May 16, 2016.

This ILLEGALLY FORECLOSED HOMEOWNER has clearly been ABANDONDED

by the Commonwealth, and now by the United States, who are on

record as stating that they will not protect this American-born

citizen from criminal misconduct committed against him.

This abandonment shows clear cause for the Plaintiff to fear

for his everyday safety and well-being. The Plaintiff is

constantly looking over his shoulder, fearing that physical

harm will come to him, in his efforts to hold parties legally

accountable for their actions.

The Plaintiff had FULL EXPECTATION that by now, alignment with

both qualified counsel AND a Federal/Special Prosecutor should

have occurred. The Plaintiff DID NOT EXPECT there to be such a

LACK OF COOPERATION from BOTH the State and Federal Government.

The Color of Law violations by the United States and the

Commonwealth ultimately bring critical flaws to the Plaintiff’s

second amended complaint. The Plaintiff must now be allowed to

file a third amended complaint, necessarily adding the United

States as a Defendant.

The Plaintiff’s efforts to retain counsel for the civil

portions of the complaint remain unsuccessful for three (3)

primary reasons:

1. Financial the Court has already recognized this

Plaintiff as indigent, and unable to financially secure

qualified and experienced legal counsel.

2. Many firms lack the experience or ability to take on a

case of this magnitude.

3. Fear the Plaintiff has made clear that this case

includes evidenced corruption allegations at a very high

level. The Plaintiff believes that law firms are fearful

that negative ramifications may result if they choose to

represent Mr. Harihar in this matter.

The Plaintiff believes he has clearly met the requirements

necessary for the appointment of counsel (as detailed in the

May 6, 2016 Motion filed with the Court):

1. Exceptional Circumstances;

2. The Plaintiff lacks the ability to conduct the factual

investigation(s) necessary to support PORTIONS of his

claim;

3. The Factual issues involved are too complex for the

Plaintiff to present entirely without the assistance of

experienced legal counsel.

It is unclear as to why the Court has yet to assist this

Plaintiff with finding qualified counsel, considering these

factual and extreme circumstances.

There can be NO DENIAL that this Plaintiff has suffered

substantial and irreparable damages from the identified

civil/criminal misconduct. Every Defendant named in this

complaint has played a role to some degree. It is critical for

this Plaintiff to have experienced legal counsel to ensure that

the IRREFUTABLE FACTS supporting evidenced misconduct are

accurately conveyed in the complaint. Forcing the Plaintiff to

continue as a pro se litigant forces an “un-level playing

field” in favor of the Defendants, and the risk of an unjust

and premature dismissal.

These Color of Law Violations bear impact to every decision

made in this Court and to ALL related prior rulings in

Massachusetts State Courts. It additionally impacts recently

filed Motions to Dismiss by several of the Defendants. The

Plaintiff is in the process of preparing opposition to file in

response to these Motions. The Plaintiff respectfully requests

that the Court refrain from ruling on the Defendant Motions to

Dismiss until a third amended complaint has been filed with the

Court.

Finally, the Plaintiff files a separate Notice in conjunction

with this Motion identifying that Defendant Wells Fargo NA

has ADMITTED TO FRAUDULENT MISCONDUCT involving thousands of

mortgages, in a $1.2B settlement with the United States

Department of Justice (DOJ). The case is the UNITED STATES OF

AMERICA vs. WELLS FARGO NA and KURT LOFRANO, Docket No: 1:12-

cv-07527-JMF, US District Court, Southern District of New York,

dated April 8, 2016. This new information, which was not

previously available to the Plaintiff, reveals criminal

misconduct related (whether directly or indirectly) to

allegations in this Plaintiff’s complaint. The Defendant’s

admission to FRAUD further underlines the United States

awareness to definitive criminal misconduct associated with the

US Foreclosure/Financial Crisis and this Plaintiff’s complaint,

whether directly or indirectly.

CONCLUSION

Based on the facts stated within, the Plaintiff respectfully

requests that this Court allow the Plaintiff to file a third

amended complaint, prior to ruling on the Defendant’s current

Motions to Dismiss; that the Court reconsider the Plaintiff’s

Motion to appoint counsel; and to allow the Plaintiff to file a

Motion for injunctive relief, considering the physical danger

he now faces.

The Plaintiff is grateful for the Court’s consideration of this

request.

Respectfully submitted,

Mohan A. Harihar

7124 Avalon Drive Acton, MA 01720

617.921.2526

Mo.Harihar@gmail.com

Attachment A

From: Mohan Harihar <moharihar@gmail.com> Date: Fri, May 6, 2016 at 10:47 AM Subject: URGENT!!! - TO THE DIRECT ATTENTION OF PRESIDENT BARACK OBAMA To: Valerie_jarrett@who.eop.gov Cc: jarrettpublic@who.eop.gov, kbranch@who.eop.gov, "Constituent.services@state.ma.us" <constituent.services@state.ma.us>, "elizabeth_warren@warren.senate.gov" <elizabeth_warren@warren.senate.gov>, mark_gallagher@markey.senate.gov, "mark_bayer@markey.senate.gov" <mark_bayer@markey.senate.gov>, "june.black@mail.house.gov" <june.black@mail.house.gov>, NewYorkComplaints Dojoig <dojoig.newyorkcomplaints@usdoj.gov>, washington.field@ic.fbi.gov, boston@ic.fbi.gov, Press@usdoj.gov, "christina.sterling@usdoj.gov" <christina.sterling@usdoj.gov>, "timothy.sheehan@cfpb.gov" <timothy.sheehan@cfpb.gov>

Dear President Obama,

It is with regret and a degree of sadness, that brings me to humbly request your assistance today. As you already know, I am

the Plaintiff in a Federal Lawsuit proceeding in the US District Court (Boston, MA) - Harihar vs. US Bank et al., Docket No:

15-cv-11880. I am one (1) of the millions of Americans irreparably harmed by the civil and criminal misconduct associated with the US Foreclosure/Financial Crisis. This litigation addresses resulting damages personally suffered by this Plaintiff, and the inevitable damage to an economic framework designed to bring the US historic economic growth (The Harihar FCS Model).

The critical sense of urgency for reaching out to you today is out of concern for personal safety and well-being, as the United States Department of Justice (USDOJ) is refusing to protect an American-born citizen from the related criminal misconduct committed against him. Similarly, the Commonwealth of Massachusetts has also refused to protect this American-born citizen (and resident of the Commonwealth) from related criminal misconduct committed against him. It is for this reason (in part) that the Commonwealth, and former Attorney General - Martha Coakley are listed as Defendants in the referenced litigation, citing well-supported Color of Law allegations(18 U.S.C. §242; 18 U.S.C. §245; 42 U.S.C. §1983).

As you know, I have kept the EOP informed and updated, as it has become necessary to involve the Office of the Inspector General, communications which have been directed to the attention of Inspector General Horowitz, and requests for the DOJ

to take corrective action. Any failure by the DOJ to take corrective action confirms the United State's refusal to protect this

American-born citizen from criminal misconduct. It will additionally show cause to list the United States as a Defendant in the

forthcoming third amended complaint, with clearly evidenced Color of Law violations to support.

Mr. President, as the head of the Executive Branch of Government, I am respectfully asking for your help with the assignment of

a Federal/Special Prosecutor in this matter. I also request that a date be secured for presentation of the Harihar FCS model to the EOP, as previously suggested by Vice President Biden.

It remains my sincere hope that corrective action will be taken by the OIG/DOJ; that a mutual agreement will ultimately be

reached by all parties in the referenced litigation; and that successful alignment with the appropriate parties creates a path

leading to historic economic growth for our Country.

GOD BLESS THE UNITED STATES OF AMERICA!

Respectfully,

Mohan A. Harihar

cc

Governor Charlie Baker (MA) US Senator Elizabeth Warren (MA) US Senator Ed Markey (MA) US Congresswoman Niki Tsongas (MA) US Office of the Inspector General (OIG) US Department of Justice (DOJ) Assistant Deputy Director Timothy Sheehan (CFPB)

*A copy of this communication is additionally filed with the US District Court for documentation purposes.

Attachment B

13

Attachment C

Dear Inspector General Horowitz,

This communication is respectfully sent as an update and follow-up to the March 14, 2016

email delivered to your direct attention (Attached below for reference). In the referenced Docket No: 15-cv-11880, Harihar vs. US Bank, et al. (US District Court, Boston, MA), please be advised

- A timeline extension for service to ALL Defendants has been granted by the Court to April 27, 2016 (A copy of the order has been attached below). The Court has also been informed, that it MAY become necessary to expand EVIDENCED - COLOR OF LAW allegations (18 U.S.C. §242; 18 U.S.C. §245; 42 U.S.C. §1983) beyond the Commonwealth to a Federal Level, should corrective action fail to take place by the Department of Justice (DOJ). A copy of the Motion has been attached for reference.

I have yet to receive a response to the 3/14/16 email communication from you, your office (OIG) or the DOJ. For documentation purposes with the Court, I respectfully request that a detailed response be received on or prior to March 31, 2016.

Copied on this email communication, and serving as witness to this communication are the following:

1. President Barack Obama (via Senior Advisor, Valerie Jarrett)

2. US Senator - Elizabeth Warren (MA)

3. US Senator - Ed Markey (MA)

4. Congresswoman - Niki Tsongas (MA)

5. Assistant Deputy Director - Timothy Sheehan (CFPB)

6. The US Department of Justice (DOJ)

7. K & L Gates, LLP

8. Nelson Mullins, LLP

It remains my sincere hope that corrective action will be taken by the OIG/DOJ; that a mutual agreement will ultimately be reached by all parties in the referenced litigation; and that successful alignment with the appropriate parties creates a path leading to historic economic growth for our Country.

Respectfully,

Mohan A. Harihar

03/24/2016

40

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 39 Motion for Extension of Time. Plaintiff's Motion for an Extension of Time to complete service [ECF No. 39] is hereby ALLOWED, and Plaintiff's deadline to complete service is extended until and including 4/27/2016. The Court, however, does not anticipate granting any further requests for extensions of the service deadline. (Folan, Karen) (Entered: 03/24/2016)

 

Dear Inspector General Horowitz,

After receiving the attached letter from the Department of Justice (PDF attached), it has now become necessary to send this email communication to your direct attention. Please be advised - Copied on this email communication, and serving as witness to this referenced DOJ letter are the following:

1. President Barack Obama

2. US Senator - Elizabeth Warren (MA)

3. US Senator - Ed Markey (MA)

4. Congresswoman - Niki Tsongas (MA)

5. Assistant Deputy Director - Timothy Sheehan (CFPB)

For the record, My name is Mohan A. Harihar - I am the Plaintiff in a civil/criminal complaint proceeding in the US District Court (Boston, MA), Docket No: 2015-cv-11880, Harihar vs. US Bank et al. The well-supported allegations within this complaint have warranted direct communication with your office.

My last conversation with your office took place on January 27, 2016, with Special Agent - Kevin McCormack, who informed me that this matter had been directed to, and was being investigated by the Executive Office of the DOJ. Special Agent McCormack additionally stated that pending the outcome of the DOJ investigation, it may become necessary to return to the Office of the Inspector General. Sadly, that is the situation now.

You may be already aware - This complaint stems from mass violations of both Federal and State law, associated with the US Foreclosure Crisis, already confirmed by the USDOJ, Federal Bank Regulators and the MA Attorney General. Additional allegations are considerable, well supported and currently involve (at minimum) fourteen (14) Defendants. Well-supported allegations include (but are not limited to) FRAUD, COLOR OF LAW VIOLATIONS, SEC

Violations, COLLUSION, and documented violations of the RICO Act - involving state and federal officials. The collective body of evidence over nearly five (5) years of litigation clearly indicates a mass-scheme, aligning referenced Defendants: Lenders, retained counsel/law firms, government officials, judges, real estate professionals, and home buyers of a confirmed illegal foreclosure.

From the beginning, I have made clear throughout this litigation, that my primary objectives have been twofold:

1. Accountability for the harm and damages I have personally incurred, associated with the confirmed misconduct the DOJ has already identified.

2. Alignment with the appropriate parties (i.e. - The United States Federal Government, The Federal Reserve), regarding the referenced Intellectual Property belonging to the Plaintiff - Mohan A. Harihar (includes the HARIHAR - FCS Model). This alignment would provide the opportunity to implement a framework designed to bring historic economic growth (estimated in the trillions of dollars) to the US, while assisting those harmed by the US Foreclosure/Financial Crisis.

The referenced DOJ letter appears to have been drafted on February 18, 2016 and mailed via the US Postal Service on February 23, 2016 (See attached). It was not until the first week of March that I received the DOJ letter. On February 24, 2016, a follow-up email communication was delivered to the OIG/DOJ, President Obama, members of the US Senate/Congress, and others (Scroll down to view in its entirety). In that referenced email communication, the following is clearly stated,

"Before moving forward with legal next steps in the US District Court, I respectfully request your assistance with the following:

1. Confirmation from each of the Defendants regarding their willingness (or lack thereof) to enter into a mutual settlement discussion.

2. Establishing a dialogue with the appropriate parties, for the specific purpose of aligning with the referenced Intellectual property/Economic Framework. Successful alignment MAY lead to resolving civil portions of the referenced complaint."

In fairness to the DOJ, it is unclear as to whether investigators have fully investigated (and VALIATED) ALL of the related information and evidence prior to drafting the 2/18/16 letter. It is assumed that they may not have. It is also unclear whether any steps have been taken regarding my specific requests from the referenced 2/24/16 email communication, as re-stated above. I ask now, for you assistance with this clarification.

The timeliness of your response is critical, as summonses are scheduled to be delivered to ALL Defendants on, or prior to March 28, 2016. Should the DOJ re-assess their position and take corrective action pertaining to this matter, alignment with both civil and criminal portions of the referenced complaint are required in order to move forward with the legal process. If there are ANY questions regarding ANY portion of the referenced allegations, please advise.

However, if corrective action here is not taken, please be advised of the following:

1. Should the clearly evidenced criminal misconduct against this Plaintiff be allowed to continue without legal consequence, the United States Department of Justice makes clear that it will not protect this Plaintiff, an American born citizen, against the crimes committed against him. Allegations involving

Color of Law violations clearly evidenced within the Commonwealth of Massachusetts will necessarily be expanded to a Federal level.

2. It will become necessary for the DOJ to articulate before the US District Court, exactly how they arrived at their decision, considering the enormity of evidenced allegations presented.

3. The evidenced criminal allegations within this complaint are directly tied to the US FORECLOSURE CRISIS - arguably considered the LARGEST CASE OF FRAUD IN THE HISTORY OF THESE UNITED STATES. Any failure by the DOJ to take corrective action here threatens the safety of ALL impacted AMERICANS. The number of impacted parties range from 4.2M to as high as 25M+.

4. Failure by the DOJ to take corrective action would further damage the Intellectual Property of the Plaintiff (includes the HARIHAR - FCS MODEL), and the economic framework specifically designed to deliver trillions of dollars in economic growth to the US.

5. A copy of this email communication will be filed via NOTICE with the US District Court (Boston, MA) and the associated Docket No: 2015-11880, Harihar vs. US Bank et al.)

It remains my sincere hope that corrective action will be taken by the OIG/DOJ; that a mutual agreement will ultimately be reached by all parties in the referenced litigation; and that successful alignment with the appropriate parties creates a path leading to historic economic growth for our Country.

Respectfully submitted,

Mohan A. Harihar Plaintiff