Mohan Harihar <moharihar@gmail.

com>

HARIHAR v US BANK et al, Docket No. 15-cv-11880 - NOTICE TO BRING

INCREMENTAL CRIMINAL CLAIMS (RE-SENDING)
Mohan Harihar <moharihar@gmail.com> Sat, Nov 9, 2019 at 12:52 PM
To: david fialkow <david.fialkow@klgates.com>
Cc: james.segerdahl@klgates.com, michael.caccese@klgates.com, mark.haddad@klgates.com,
beth.weisberg@klgates.com, 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>,
governor.schedule@state.ma.us, "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>, maura.healey@state.ma.us, ma-igo-general-mail@state.ma.us,
igo-fightfraud@state.ma.us, Nairoby Gabriel <Nairoby_Gabriel@warren.senate.gov>, Nora Keefe
<Nora_Keefe@warren.senate.gov>, chairmanoffice@sec.gov, CommissionerStein@sec.gov,
CommissionerJackson@sec.gov, CommissionerPeirce@sec.gov

Mr. Fialkow,

As the Plaintiff in the above-referenced Federal complaint, I respectfully preface this email by
reminding you that I am a Pro Se litigant with no legal experience who has been forced to
represent himself for nearly a decade - seeking damages related to an ILLEGAL foreclosure
associated with the 2008 US Foreclosure Crisis AND which was identified as illegal by: (1) The
US Department of Justice (DOJ); (2) Federal Bank Regulators; and (3) Defendant - Commonwealth
of Massachusetts.

I have NOT received any response from you with regard to my GOOD FAITH offer to enter into a
mutual agreement discussion and have made it clear that it is incumbent upon you and your clients to
put together a proposal for potential consideration. Therefore, it becomes necessary to begin the next
phase of addressing the corruptive/criminal behavior associated with this litigation. Please be advised
- the Court will necessarily be updated of the following evidenced civil/criminal claims:

1. MISPRISION OF TREASON claims under 18 U.S. CODE § 2382 – As DEFENDANTS in the

above-referenced litigation: (1) Bank Defendants - WELLS FARGO and US BANK; (2) Defendant -
Jeffery S. Patterson, Esq. (K&L Gates, LLP).; and (3) you - David E. Fialkow, Esq. (K&L Gates,
LLP), as BOTH a Defendant and as representing counsel, have ALL personally witnessed a recused
judicial officer(s) who has consciously decided to issue a 9th (VOID) order [Ref. ECF No. 163]
without jurisdiction – clear and irrefutable violations to ARTICLE III and 18 U.S. CODE § 2381 –
JUDICIAL TREASON. Based on your collective silence/nonfeasance, it appears that you have made
a decision to follow the direction of a recused judge as if she (US District Court Judge - the Hon.
Allison Dale Burroughs) still has jurisdiction over this (or any other related) docket when clearly – as
a matter of record, she DOES NOT. You are aware that by doing so, both you and Mr. Patterson
have personally violated your oath as officers of the Court - and collectively (along with the Bank
Defendants) have committed incremental criminal violations that (at minimum) warrant amending
the original complaint and updating Federal Prosecutors. The collective decision NOT to report
evidenced crimes of TREASON (at minimum) shows cause to now bring incremental Misprision
claims under 18 U.S. CODE § 2382 against you personally and against the referenced Defendants
via amendment to the existing complaint (Ref. HARIHAR v US BANK et al, Docket No. 15-cv-
11880);

2. RICO violations under 18 U.S. Code § 1964 – by consciously deciding to collude with a
recused judicial officer (as well as with the other named the Defendants and their retained counsel) to
commit these crimes, there is now cause for the Plaintiff to amend the original complaint against: (1)
you (as a Defendant); (2) Bank Defendants - WELLS FARGO/ US BANK; (3) your Employer -
K&L Gates, LLP; and (4) Defendant - Jeffrey S. Patterson, Esq. (K&L Gates, LLP) under the
RICO ACT;

3. Fraud on the Court under Fed. R. Civ. P. 60(b)(3) - by consciously deciding to collude with a
recused judicial officer (as well as with the other named the Defendants and their retained counsel), it
appears that your collective intentions are to continue deceiving the court in order to arrive at a
corrupt and pre-determined outcome. Therefore, it becomes necessary for the Plaintiff to amend
existing claims against all referenced parties under Federal Rule 60;

4. Economic Espionage under 18 U.S. Code § 1831 (Economic Espionage Act) - by

consciously deciding to collude with a recused judicial officer, it appears that collectively your
intentions are to continue damaging the Plaintiff’s Intellectual Property/Trade Secret - that was
designed to assist The United States with Economic Growth/Recovery from damages suffered during
the 2008 US Foreclosure/Financial Crisis (Ref. The HARIHAR FCS Model ©). Therefore, it
becomes necessary for the Plaintiff to amend existing claims against all referenced parties under the
Economic Espionage Act. This includes Conspiracy to Defraud The United States under 18 U.S.C.
§ 371.

5. Incremental Hardships to the Plaintiff – The conscious decision to collude with a recused
judicial officer is causing incremental (and unnecessary) financial hardships to the Plaintiff. The most
pressing of these financial hardships pertain to housing, transportation and everyday living expenses.
Therefore, the Plaintiff shows cause to amend his complaint, including the damages sought against
all referenced parties.

Respectfully, let me be very clear - criminal claims that (in part) involve Treason, Fraud, RICO,
Economic Espionage and Conspiracy against The United States have been evidenced against
you Mr. Fialkow (as a Defendant), Bank Defendants - WELLS FARGO/ US BANK, K&L Gates, LLP
and Defendant - Jeffrey S. Patterson, Esq. (K&L Gates, LLP) . That evidence has necessarily been
placed in full view of the American Public - and the entire Nation is watching. You are aware that as
a matter of record, any assumed safety net of Litigation privilege was waived long ago with
the evidenced (and unopposed) Fraud on the Court claim(s) under Fed. R. Civ. P. 60(b)(3).

As representing counsel, you, your firm, the Bank Defendants and Mr. Patterson are respectfully
being given this opportunity to enter into a mutual agreement discussion (on the civil portions of the
complaint only) as a sign of my continued GOOD FAITH - despite the severe damages you
continue to cause to me personally and the evidenced (perceived) threat you pose to this
Nation by collectively maintaining your current legal position. It brings me no pleasure in having
to pursue criminal and professional penalties in addition to civil damages. But I can assure you - if
collectively your legal position remains unchanged, my pursuit of legal accountability against ALL
parties will continue, even if it takes another 20 years. That includes the pursuit of
disbarment/licensure revocation(s) and a criminal sentence(s) to be served in a Federal prison for
these evidenced violations of record. Keep in mind that with just the Misprision claims alone, there
are now NINE (9) counts evidenced against you, Bank Defendant - WELLS FARGO, Bank
Defendant - US BANK and Defendant - Jeffrey S. Patterson, Esq. - and that only pertains to the
evidenced claims involving RECUSED US District Court Judge - Hon. Allison Dale Burroughs.
Mr. Fialkow - the purpose for now copying other Managing/Senior Partners and your HR
Department is due to your failure/refusal to respond to my previous efforts to communicate with you -
and also to ensure that they are fully aware and informed of the evidenced legal risk you've brought to
your firm. At this stage it is unclear as to whether or not your deceptive conduct and evidenced
criminal behavior has come with the full support of K&L Gates, LLP. If that is found to be the
case, there will (at minimum) be cause to: (1) amend the original complaint; and (2) update
Federal/State Prosecutors, members of Congress and The White House.

Finally, in the event that you collectively choose to maintain your current legal position, please
be advised that this email communication(s) now serves as documented proof that you were FIRST
respectfully given the opportunity to legally resolve these serious issues and elected NOT to do so.
Because of the severity of evidenced criminal claims associated with this litigation, this email
communication will necessarily be made available to Federal/State Prosecutors, members of
Congress, the White House (via www.whitehouse.gov), the SEC (Securities and Exchange
Commission) as well as to the Public, for documentation purposes and out of continued concerns
for my personal safety and security. I sincerely hope that collectively you will reconsider your position
and decide to engage in a settlement discussion that is mutually beneficial - and which ultimately
contributes to the greater good of this Commonwealth and to our great Nation. Either way, my
legal path moving forward remains clear. Thank you for your consideration. I look forward to your
timely e-mail response no later than 5pm Monday, November 11, 2019.

Respectfully,

Mohan A. Harihar
Plaintiff