Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 1 of 24

Mohan A. Harihar
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)

October 21, 2019

VIA ELCTRONIC (ECF) FILING

United States District Court
Attn: Clerk’s Office
Suite 2300
1 Courthouse Way
Boston, MA 02210

RE: EMERGENCY MOTION - HARIHAR v US BANK et al, Docket No. 15-v-cv-11880

Dear Clerk of the Court:

Enclosed, please find the following EMERGENCY MOTION for filing in the above-referenced
Docket. Since the Plaintiff is filing electronically via ECF, please also deliver a hard copy to the
direct attention of the Chief Judge – the Honorable Patti B. Saris:

1. PLAINTIFF EMERGENCY MOTION RE: UNNECESSARY JUDICIAL DELAY; (2)

INCREASED PLAINTIFF HARDSHIPS; AND (3) FILED WHISTLEBLOWER
COMPLAINT

Please be advised, the referenced Docket is still considered OPEN, as the Dismissal (and all
related) order(s) is VOID, since it was issued by a disqualified judicial officer – Hon. Allison
Dale Burroughs (RECUSED). The Court’s unnecessary delay in re-establishing jurisdiction and
other corrective measures has also caused incremental hardships to the Plaintiff – warranting the
immediate attention of the Chief Judge. Thank you for your attention to this very serious and
sensitive matter.

Respectfully submitted,

Mohan A. Harihar
Plaintiff

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 Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 2 of 24

UNITED STATES DISTRICT COURT

for the
DISTRICT OF MASSACHUSETTS

)
MOHAN A HARIHAR, )
)
Plaintiff )
) Docket No. 15-cv-11880
v. )
)
US BANK et al, )
)
Defendants )
)

PLAINTIFF EMERGENCY MOTION RE: (1) UNNECESSARY JUDICIAL

DELAY(S); (2) INCREASED PLAINTIFF HARDSHIPS; AND (3) FILED
WHISTLEBLOWER REPORT

The Plaintiff, Mohan A. Harihar, a pro se litigant with no legal experience, respectfully files this

EMERGENCY MOTION, following the October 6, 2019 EMERGENCY NOTICE [Ref.

ECF No. 161] directed to this Court (and separately to Chief Judge – the Hon. Patti B. Saris)

which appears to have been blatantly ignored.1 As a respectful reminder, the referenced Docket

is still considered OPEN, since the Dismissal (and all related) order(s) was issued by a

disqualified judicial officer – Hon. Allison Dale Burroughs (RECUSED) and is considered

VOID.2 The continued failure by this Court to timely re-establish jurisdiction and initiate

1
See Exhibit 1, to view the follow-up letter delivered via email to Chief Judge – Hon. Patti B. Saris on October
4, 2019, in its entirety.
2
See Exhibit 2, to view the sua sponte RECUSAL order issued by US District Court Judge – Hon. Allison Dale
Burroughs on June 19, 2017.
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 Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 3 of 24

immediate corrective action has now caused incremental damages to the Plaintiff – requiring (at

minimum) the following legal actions. Please be advised of the following:

I. UNNECESSARY JUDICIAL DELAY –

Canon 3A(5). In disposing of matters promptly, efficiently, and fairly, a judge must

demonstrate due regard for the rights of the parties to be heard and to have issues resolved

without unnecessary cost or delay. A judge should monitor and supervise cases to reduce

or eliminate dilatory practices, avoidable delays, and unnecessary costs.

Canon 3B(6). Public confidence in the integrity and impartiality of the judiciary is

promoted when judges take appropriate action based on reliable information of likely

misconduct. Appropriate action depends on the circumstances, but the overarching goal of

such action should be to prevent harm to those affected by the misconduct and to prevent

recurrence.

The evidenced judicial failures that began well before Judge Burroughs’ 2017 RECUSAL

continue to this day. The most pressing legal issue right now is to re-establish jurisdiction on

this docket and to legally prevent a RECUSED Judicial Officer from committing an

incremental violation to ARTICLE III and 18 U.S. CODE § 2381 – JUDICIAL

TREASON by continuing to rule without jurisdiction. The Plaintiff again respectfully

calls upon this Court and specifically the Chief Judge – the Hon. Patti B. Saris, to timely

assist with re-establishing jurisdiction before proceeding further. Any continued, unnecessary

delay shows cause to amend the Plaintiff’s related complaint against The United States (Ref.

HARIHAR v THE UNITED STATES, Docket No. 17-cv-11109).

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II. INCREASED PLAINTIFF HARDSHIPS – The evidenced failure by this Court to timely

initiate corrective action (beginning with jurisdiction) has now caused increased hardships to

the Plaintiff – Mohan A. Harihar, the most recent of which include (but are not limited to

the following:

A. Tax-Levy by MA DOR – On Friday, October 11, 2019, the Massachusetts

Department of Revenue (MA DOR) placed a levy on the Plaintiff’s Bank Account –

even though all hardship documents had been timely filed and received by the

representing MA DOR agent – Sean M. Comerford. As a respectful reminder –

every level of the MA State and Federal Court, including this US District Court and

the United States Supreme Court has recognized the Plaintiff’s indigency – caused

by an identified ILLEGAL FORECLOSURE.3 The Plaintiff delivered an email to

agent Comerford within 24 hours to address the issue4 – as the levy now jeopardized

multiple pending payments for the Plaintiff’s monthly bills. In the email, the MA

DOR was again reminded of this ongoing litigation which includes the Defendant –

Commonwealth of Massachusetts, who’s evidenced failures (as they relate to the

Plaintiff’s identified illegal foreclosure) have certainly played a substantial role as to

why the hardship exists in the first place.

Due to the Columbus Day/holiday weekend, the Plaintiff’s email was not addressed

by the MA DOR until Tuesday morning, October 15, 2019. An email from agent

3
As a matter of record, the Plaintiff’s Property, located at 168 Parkview Avenue, Lowell, MA 01852, was identified
as an illegal foreclosure by: (1) The Department of Justice (DOJ); (2) The Office of the Massachusetts Attorney
General (MA AGO); and (3) Federal Bank Regulators.
4
See Exhibit 3
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 Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 5 of 24

Comerford stated that steps were being taken that day to remove the levy.5

However, the damage was already done. The levy had already caused multiple checks

to bounce, resulting in non-refundable overdraft fees, which now leaves the Plaintiff

in a position where he will be unable to pay upcoming bills due including (but not

limited to) his renewed 40b affordable lease payment due on November 1, 2019 –

less than two (2) weeks away.

In addition, the MA DOR is stating that they will only approve a hardship for the

Plaintiff if he pays $500 towards the balance that is due. The Plaintiff has already

evidenced that he is NOT in the financial position to do so. These deceptive and

damaging tactics by the Defendant – Commonwealth of Massachusetts must be

put to a stop. Clearly, an injunction is warranted to prevent any further collection

activity against the Plaintiff until all legal matters have been justly resolved. Once

the Law is upheld and the Plaintiff has been awarded the damages listed in this

complaint, he will be in a financial position to repay any back taxes due to this

Commonwealth and the Federal government.

III. WHISTLEBLOWER REPORT - HOUSE FINANCIAL SERVICES COMMITTEE –

The evidenced crimes of record and resulting damages caused by Bank Defendants –

WELLS FARGO and US BANK, have only been compounded by failures in government to

hold them accountable. As a matter of record, the Plaintiff has publicly evidenced these

failures in all three (3) branches of government (Federal and State) for over EIGHT (8)

years. However, there continues to be NO EFFORT by: (1) the Federal/State Judiciary; (2)

5
See Exhibit 4
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Federal/State Prosecutors; and (3) Legislative leaders – including US Senator (and 2020

Presidential Candidate) Elizabeth Warren, to initiate corrective action. On October 16,

2019, it became necessary for the Plaintiff to formally file a Whistleblower Report with the

House Financial Services Committee.6 The full text of the filed report is as follows (1200-

character limit):

This Whistleblower form is respectfully submitted to alert the Committee of government

abuses - in all three (3) branches of government and ALL related to the $42B Federal Civil

Lawsuit - HARIHAR v US BANK et al, Docket No. 15-cv-11880 (Boston, MA).

In the Judicial Branch, the Plaintiff has evidenced (in full public view) judicial crimes

including: (1) Treason under ARTICLE III and 18 U.S. CODE § 2381; (2)Fraud on the

Court (and other) claims under Fed. R. Civ. P. 60(b); (3) Economic Espionage under 18

U.S.C. §§ 1831; (4) RICO violations; (5) Due Process/Color of Law violations and matters

which are perceived to impact National Security. There has been an UNPRECEDENTED

NINE (9) Federal RECUSALS in the referenced litigation, as these failures are now

recognized Nationwide as the largest judicial abuse of authority in US History.

In the Executive Branch, the Department of Justice (DOJ) has REFUSED to bring

criminal indictments for the evidenced criminal complaints of record.

6
See Exhibit 5
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 Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 7 of 24

In the Legislative Branch, Legislative leaders in the Commonwealth of Massachusetts -

including 2020 Presidential Candidate/ US Senator Elizabeth Warren (D-MA) have

exemplified Nonfeasance.

IV. CAUSE TO AMEND COMPLAINT AGAINST THE UNITED STATES – Please be

advised, the unnecessary judicial delays evidenced by this US District Court to initiate

corrective action – and the resulting incremental damages suffered by the Plaintiff, now show

cause to amend the Plaintiff’s related civil complaint against The United States (Ref.

HARIHAR v THE UNITED STATES, Docket No. 17-cv-11109), pursuant (at minimum)

to Fed. R. Civ. P. 60(b)(2), (3), and (4).

Upon filing this Emergency Motion, the Plaintiff respectfully requests that the Court

immediately address and initiate corrective action as it pertains to the legal issues referenced

within – beginning with: (1) re-establishing jurisdiction; (2) granting an injunction that freezes

any collection activity against the Plaintiff until all legal issues are justly resolved; and (3) timely

resolving housing (and any other) issues in order to avoid any additional (and unnecessary)

hardships. Finally, the Plaintiff respectfully re-states that IF any one (1) or more of the

Defendants DO NOT wish to enter into a mutual agreement with him, this Court MUST uphold

Fed. R. Civ. P. 60(b)(3) and bring a DEFAULT judgement (with prejudice) against the

Defendant(s) for the UNOPPOSED Fraud on the Court claims of record.

Certification and Closing

Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge,

information, and belief that this Emergency Motion: (1) is not being presented for an improper

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 Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 8 of 24

purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2)

is supported by existing law or by a non-frivolous argument for extending, modifying, or reversing

existing law; (3) the factual contentions have evidentiary support or, if specifically so identified,

will likely have evidentiary support after a reasonable opportunity for further investigation or

discovery; and (4) the Motion otherwise complies with the requirements of Rule 11.

Please be advised, the referenced litigation is related to a new complaint now being prepared for

filing in The United States Court of Federal Claims; and includes matters perceived to impact

National Security. Therefore, the following government offices/agencies/committees will

necessarily receive copies of this formal letter (via email, US Mail and/or social media):

1. President Donald J. Trump (via www.whitehouse.gov);

2. US Secret Service;
3. The US Supreme Court (SCOTUS);
4. Securities and Exchange Commission (SEC);
5. Office of the US Inspector General (OIG) - specifically, IG Michael Horowitz;
6. Department of Justice (DOJ) - specifically, US Attorney General, William Barr;
7. Federal Bureau of Investigation (FBI);
8. Administrative Office of US Courts - specifically, Director James C. Duff;
9. House/Senate Judiciary Committees;
10. Governor Charlie Baker (R-MA);
11. US Senator Elizabeth Warren (D-MA);
12. US Senator Ed Markey (D-MA);
13. US Congresswoman Lori Trahan (D-MA);
14. US Congresswoman Ayanna Pressley (D-MA);

Copies of this Emergency Motion will separately be made available to the Public and to media

outlets nationwide for documentation purposes and out of continued concerns for the

Plaintiff’s personal safety and security. If the Court has ANY questions regarding any portion

of this Emergency Motion, or requires additional information, the Plaintiff is happy to provide

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 Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 9 of 24

upon request. The Plaintiff is grateful for the Court’s consideration of this very serious, and

sensitive matter.

Respectfully submitted this 21st Day of October, 2019

Mohan A. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com

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Exhibit 1

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Mohan Harihar <moharihar@gmail.com>

A LETTER TO US DISTRICT COURT CHIEF JUDGE – THE HON. PATTI B.

SARIS
Mohan Harihar <moharihar@gmail.com> Fri, Oct 4, 2019 at 1:41 PM
To: marie_losco@mad.uscourts.gov, maryellen_molloy@mad.uscourts.gov,
miguel_lara@mad.uscourts.gov
Cc: dan_jackson@ao.uscourts.gov, "Constituent.services@state.ma.us"
<constituent.services@massmail.state.ma.us>, elizabeth warren <elizabeth_warren@warren.senate.gov>,
sydney levin-epstein <sydney_levin-epstein@markey.senate.gov>, lori trahan
<lori.trahan@mail.house.gov>, ayanna pressley <ayanna.pressley@mail.house.gov>, NewYorkComplaints
Dojoig <dojoig.newyorkcomplaints@usdoj.gov>, theresa watson3 <theresa.watson3@usdoj.gov>, andrew
lelling <andrew.lelling@usdoj.gov>, mary murrane <mary.murrane@usdoj.gov>, christina sterling
<christina.sterling@usdoj.gov>, maura.healey@state.ma.us, chairmanoffice@sec.gov,
CommissionerStein@sec.gov, CommissionerJackson@sec.gov, CommissionerPeirce@sec.gov,
jesse.boodoo@state.ma.us, david fialkow <david.fialkow@klgates.com>, "Jeffrey B. Loeb"
<JLoeb@richmaylaw.com>, Kevin Polansky <kevin.polansky@nelsonmullins.com>,
kmchugh@harmonlaw.com, "Murphy, Matthew T." <mmurphy@casneredwards.com>, Nora Keefe
<Nora_Keefe@warren.senate.gov>, Nairoby Gabriel <Nairoby_Gabriel@warren.senate.gov>

FOLLOW-UP LETTER TO US DISTRICT COURT CHIEF JUDGE –

THE HONORABLE PATTI B. SARIS

October 4, 2019

The Honorable Patti B. Saris

Chief Judge – District of Massachusetts
John Joseph Moakley U.S. Courthouse
1 Courthouse Way
Boston, MA 02210
Phone: (617) 748-9175

RE: HARIHAR v US BANK et al, Docket No. 15-cv-11880

Dear Chief Judge Saris:

This follow-up communication to the Plaintiff’s September 25, 2019 letter [Ref. ECF No. 160]
is respectfully delivered to your Honor’s direct attention to update the Court on recent
developments in the above-referenced civil complaint. Please be advised of the following:

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I. The Defendant’s Timeline for Reaching a Mutual Agreement has Expired – as stated in
the 9/25/19 letter to your Honor, the Plaintiff had in Good Faith, extended an opportunity to
reach a mutual agreement with ALL FOURTEEN (14) Defendants associated with the
referenced Docket:
1. WELLS FARGO NA;
2. US BANK NA;
3. COMMONWEALTH OF MASSACHUSETTS;
4. FORMER MASSACHUSETTS AG - MARTHA COAKLEY;
5. HARMON LAW OFFICES, PC;
6. NELSON MULLINS, LLP;
7. PETER HALEY, Esq. (Nelson Mullins, LLP);
8. DAVID E. FIALKOW, Esq. (K&L Gates, LLP);
9. JEFFREY S. PATTERSON, Esq. (K&L Gates, LLP);
10. KURT R. MCHUGH, Esq. (Harmon Law Offices, PC);
11. KEN DAHER (Real Estate Broker, Weichert Realters/Daher
Companies);
12. Mary Daher (Real Estate Broker, Weichert Realters/Daher
Companies);
13. JEFFREY PERKINS; and
14. ISABELLE PERKINS

Previously, it was reported to your Honor that Bank Defendants – WELLS FARGO and
US BANK had expressed an interest in having a mutual agreement discussion. Despite the
Defendants statement of record, they have failed to timely provide the Plaintiff with a
settlement proposal. Therefore, the offer has expired and is off the table. Similarly,
Defendants – Jeffrey and Isabelle Perkins had expressed an interest in having a mutual
agreement discussion and have also failed to timely provide the Plaintiff with a settlement
proposal.

The remaining Defendants have failed to respond all together. That includes the Defendant –
Commonwealth of Massachusetts, where the Plaintiff’s numerous efforts to communicate
with: (1) representing counsel – Assistant AG Jesse M. Boodoo; (2) MA Attorney
General Maura Healey; (3) Governor Charlie Baker (R-MA); and (4) Massachusetts
Congressional Leaders including US Senator (and 2020 Presidential Candidate)
Elizabeth Warren have been blatantly ignored. Rather than work together to resolve these
serious legal issues, leaders of this Commonwealth (and all Defendants) appear intent on
aligning with disqualified judicial offers who have (as a matter of record) exemplified
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patterns of corrupt conduct – including (but not limited to) evidenced acts of TREASON
against The United States of America. The most recent judicial failures evidenced on this
docket - by RECUSED US District Court Judge – the Hon. Allison Dale Burroughs,
were previously brought to your Honor’s attention in the referenced letter, delivered
September 25, 2019.7 Therefore, the Plaintiff respectfully requests that your Honor first
assist with restoring jurisdiction over this docket.
II. The Plaintiff will Next Seek to Amend his Original Complaint – Once jurisdiction has
been restored (and after this Court has VOIDED all judgements issued by disqualified
judicial officers), the Plaintiff intends to amend his original complaint, pursuant to Fed. R.
Civ. P. 60(b)(2) & (3). It should appear clear to this Court (and to any objective observer)
that ALL Defendants – including: (1) the Commonwealth of Massachusetts; (2) ALL
representing counsel of record; and (3) their respective law firms appear intent on aligning
with the VOID decisions of DISQUALIFIED judicial officers who have (as a matter of
record) evidenced acts of Treason against The United States.

Additional amendments will include adding the following Defendants:

1. K&L Gates, LLP;
2. Rich May, PC;
3. Casner & Edwards, LLP;
4. Jesse M. Boodoo, Esq. (Commonwealth of Massachusetts)
5. Kevin Patrick Polansky, Esq. (Nelson Mullins, LLP);
6. Jeffrey B. Loeb, Esq. (Rich May, PC); and
7. Matthew Murphy, Esq. (Casner & Edwards, LLP)

It also should appear clear to ANY objective observer who has thoroughly researched the
historical record – that collectively, these parties are clearly in “LOCK-STEP” to successfully
commit Fraud Upon this Court. The overall INTENT to consciously commit this Fraud is (at
minimum) believed to be twofold:

7
Following her sua sponte recusal on June 19, 2017, US District Court Judge – Hon. Allison Dale Burroughs issued
an order on July 29, 2019 WITHOUT JURISDICTION, denying the Plaintiff’s Motion [Ref. ECF No. 157]. On
August 5, 2019, a second VOID order was issued without jurisdiction [Ref. ECF No. 158]. Both of these actions
are interpreted as clear (and incremental) violations to ARTICLE III and 18 U.S. CODE § 2381 - JUDICIAL
TREASON.

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 Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 14 of 24

A. To Prevent Legal Precedent from being Set – as it pertains to the illegal securitization
of mortgages and other crimes identified with the 2008 US Foreclosure Crisis; and
B. To Irreparably Damage the Plaintiff’s Intellectual Property/Trade Secret – known
as “THE HARIHAR FCS MODEL©” which was designed to assist The United States
with Economic growth and recovery from damages resulting from the 2008 Foreclosure/
Financial Crisis - and is ultimately protected under the Economic Espionage Act.

The Plaintiff respectfully re-states that Sovereign/Judicial Immunity, as well as Litigation

Privilege is considered WAIVED, when Fraud Upon the Court has been evidenced.

III. Upholding Fed. R. Civ. P. 60(b)(3) – Once jurisdiction has been restored, if the named
Defendants (including parties still to be added as Defendants) do not wish to enter into a
mutual agreement with the Plaintiff – and instead insist on maintaining their current position,
this Court must ultimately uphold the Plaintiff’s evidenced (and UNOPPOSED) Fraud on
the Court claims(s); bringing a Default judgement in favor of the Plaintiff with prejudice.
The related Criminal and Professional complaints of record – against all parties will also
need to be addressed by: (1) this Court; (2) the Department of Justice (DOJ); (3) the Board of
BAR Overseers/BAR Council; and (4) the National Association of Realtors (NAR).
IV. Assistance with the Appointment of Counsel, 28 U.S.C § 1915- The Plaintiff respectfully
reminds your Honor that he is a Pro Se litigant with NO LEGAL EXPERIENCE. While the
historical record shows a TEXTBOOK reason for this Court to exercise its discretion and
assist the Plaintiff with the appointment of counsel, it MAY be considered moot once Federal
Rule 60 is upheld.
Please be advised, the referenced litigation is related to a new complaint now being prepared

for filing in The United States Court of Federal Claims; and includes matters perceived to

impact National Security. Therefore, the following government offices/agencies/committees will

necessarily receive copies of this formal letter (via email, US Mail and/or social media):

1. President Donald J. Trump (via www.whitehouse.gov);

2. US Secret Service;
3. The US Supreme Court (SCOTUS);
4. Securities and Exchange Commission (SEC);

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 Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 15 of 24

5. Office of the US Inspector General (OIG) - specifically, IG Michael Horowitz;

6. Department of Justice (DOJ) - specifically, US Attorney General, William Barr;
7. Federal Bureau of Investigation (FBI);
8. Administrative Office of US Courts - specifically, Director James C. Duff;
9. House/Senate Judiciary Committees;
10. Governor Charlie Baker (R-MA);
11. US Senator Elizabeth Warren (D-MA);
12. US Senator Ed Markey (D-MA);
13. US Congresswoman Lori Trahan (D-MA);
14. US Congresswoman Ayanna Pressley (D-MA);

Copies of this Letter will separately: (1) be included in a NOTICE filed with the Court; (2) be

delivered via email communication to the Court Clerk(s); and (3) will also be made available to

the Public and to media outlets nationwide for documentation purposes and out of continued

concerns for the Plaintiff’s personal safety and security. If your Honor has ANY questions

regarding any portion of this letter, or requires additional information, the Plaintiff is happy to

provide upon request. The Plaintiff is grateful for your Honor’s consideration of this very serious,

and sensitive matter.

Respectfully submitted this 4th Day of October, 2019

Mohan A. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com

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Exhibit 2

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Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 18 of 24

Exhibit 3

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 Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 19 of 24

Mohan Harihar <moharihar@gmail.com>

Re: M HARIHAR - URGENT Request to Lift Bank Account Levy

Mohan Harihar <moharihar@gmail.com> Mon, Oct 14, 2019 at 11:23 AM
To: comerfords@dor.state.ma.us
Cc: governor.schedule@state.ma.us, "Constituent.services@state.ma.us"
<constituent.services@massmail.state.ma.us>, elizabeth warren
<elizabeth_warren@warren.senate.gov>, Nora Keefe <Nora_Keefe@warren.senate.gov>, Nairoby
Gabriel <Nairoby_Gabriel@warren.senate.gov>, sydney levin-epstein <sydney_levin-
epstein@markey.senate.gov>, lori trahan <lori.trahan@mail.house.gov>, ayanna pressley
<ayanna.pressley@mail.house.gov>, theresa watson3 <theresa.watson3@usdoj.gov>, andrew lelling
<andrew.lelling@usdoj.gov>, mary murrane <mary.murrane@usdoj.gov>, christina sterling
<christina.sterling@usdoj.gov>, maura.healey@state.ma.us, jesse.boodoo@state.ma.us, ma-igo-
general-mail@state.ma.us, igo-fightfraud@state.ma.us

Mr. Comerford,

I've just left you an urgent message on your voicemail. A levy was placed on my bank account on
Friday October 11, 2019. I was unaware of this action until late Friday evening, after getting out of
work. It is unclear as to WHY this levy has been placed. I have timely returned all of the requested
hardship documents. I've also communicated to the MA DOR that there is ongoing litigation in both
the US District Court (Ref. HARIHAR v US BANK et al, Docket No. 15-cv-11880) and the
Middlesex Superior Court (Ref. HARIHAR v WELLS FARGO et al, Docket No. 1981-cv-00050)
directly related to this financial hardship. Please be advised, as a matter of record, every level of
the MA State and Federal judiciary - including The Supreme Court of The United States (Ref.
Certiorari Petition No. 18-7752) has recognized the severity of my financial hardship. Furthermore,
the Commonwealth of Massachusetts is a Defendant in the referenced Federal lawsuit that stems
from an IDENTIFIED ILLEGAL FORECLOSURE. The legal concern now, is that the Commonwealth
is attempting to wrongfully create a greater hardship by placing a levy on my account. I'm now unable
to pay bills which are due, including rent for my 40b affordable housing lease. Finally, I am informing
you of a change in my work status. The number of shifts that I work was recently reduced from five
(5) nights/week to four (4) nights/week. This translates to a 20% loss of income over the course of the
calendar year. I respectfully ask for your assistance in lifting the referenced levy ASAP. As I
mentioned in my previous email communication from 9/6/19 (Attached below as reference), I am
attempting to reach settlement agreements with ALL parties (including the Commonwealth) in the
above-referenced litigation. The expectation is that I will be able to repay any back taxes due to the
Commonwealth and to the Federal government - once these legal issues are justly resolved and/or
financial settlement agreements are reached. Until that time however, it is imperative that this
Commonwealth continue recognize my hardship status.

Please be advised, due to the severity of legal issues involving the Commonwealth in the above
referenced MA State/Federal litigation, the following parties are necessarily copied on this email:

1. Governor Charlie Baker (R-MA);

2. US Senator (and 2020 Presidential candidate) Elizabeth Warren (D-MA);
3. US Senator Ed Markey (D-MA);
4. US Congresswoman Lori Trahan (D-MA)
5. US Congresswoman Ayanna Pressley (D-MA);
6. The Department of Justice (DOJ);

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 Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 20 of 24

7. The US Office of the Inspector General;

8. MA Attorney General Maura Healey; and
9. MA Office of the Inspector General

The White House will also be updated separately via www.whitehouse.gov. Thank you for your
attention to this very serious and sensitive matter.

Sincerely,

Mohan A. Harihar
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)

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Exhibit 4

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 Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 22 of 24

Mohan Harihar <moharihar@gmail.com>

RE: M HARIHAR - URGENT Request to Lift Bank Account Levy

**EXTERNAL EMAIL**
Tue, Oct 15, 2019 at 10:15
Comerford, Sean M. (DOR) <comerfords@dor.state.ma.us>
AM
To: Mohan Harihar <moharihar@gmail.com>

Good morning,

I tried to call you this morning but the mailbox was full and I could not leave a message. I spoke
with my supervisor this morning and the levy at Bank Of America has been released and faxed
over. I will review the hardship information with my supervisor and try to call you again. If you
have any questions please feel free to reach out to me. I will be here today (10/15/19) until 5pm.

Thanks

Sean Comerford

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Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 23 of 24

Exhibit 5

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Case 1:15-cv-11880-ADB Document 162 Filed 10/21/19 Page 24 of 24

24