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For Immediate Release

April 9, 2020

Waters Statement on Wells Fargo’s Asset Cap

WASHINGTON, D.C. - Following the announcement by the Federal Reserve that it will
“temporarily and narrowly modify the growth restriction on Wells Fargo so that it can provide
additional support to small businesses,” Congresswoman Maxine Waters (D-CA),
Chairwoman of the House Committee on Financial Services, made the following statement:
“The economic crisis resulting from the coronavirus pandemic is a unique and
unprecedented situation in which we need banks to make credit available to small
businesses, which are the lifeblood of our economy.

“The Fed must carefully monitor Wells Fargo and make sure that vulnerable small
business owners are protected. It is also important that this asset cap modification is
temporary, and that Wells Fargo still be required to fix the widespread problems that
have plagued the bank and its customers.

“Wells Fargo remains a deeply troubled institution which still does not have sufficient
risk management or compliance systems in place within the company to prevent
consumer abuses. In March, I and Congressman Al Green released a staff report finding
serious ongoing problems at Wells Fargo, and that the potential for widespread consumer
harm remains at the bank. The report showed dereliction of duty from the board chairs of
the bank and company and led to their resignations. Wells Fargo still has a lot of work to
do to correct its chronic problems.

“Let’s not forget that Wells Fargo opened 3.5 million fraudulent accounts in their
customers’ names, charged customers for auto insurance policies they did not need, and
ripped off veterans by overcharging them for refinance loans, just to name a few of their
consumer abuses in recent years.”
In March, following reports that Wells Fargo & Company had requested that the Federal
Reserve remove an asset cap imposed in response to widespread consumer abuses and
compliance breakdowns, Chairwoman Waters wrote a letter to Jerome H. Powell, Chairman of
the Board of Governors of the Federal Reserve System, requesting additional information and
a staff briefing on the matter.

1
Also in March, Chairwoman Waters convened two hearings on Wells Fargo:

• A full Committee hearing entitled, “Holding Wells Fargo Accountable: CEO

Perspectives on Next Steps for the Bank that Broke America’s Trust,” with testimony
from Charles Scharf, Chief Executive Officer and President, Wells Fargo & Company.

• A full Committee hearing entitled, “Holding Wells Fargo Accountable: Examining the
Role of the Board of Directors in the Bank’s Egregious Pattern of Consumer Abuses,”
with testimony from Elizabeth A. Duke, Former Chair, Board of Directors, Wells Fargo
& Company and James H. Quigley, Former Chair, Board of Directors, Wells Fargo
Bank, N.A. Duke and Quigley resigned from their positions shortly before the hearing
following the release of a Majority staff report entitled, “The Real Wells Fargo: Board &
Management Failures, Consumer Abuses, and Ineffective Regulatory Oversight.”

In February, Chairwoman Waters blasted the disappointing settlement between Wells Fargo,
the U.S. Department of Justice and the U.S. Securities and Exchange Commission, and
announced her plans to continue efforts to hold the megabank accountable by convening three
hearings on Wells Fargo the following month.

In March of 2019, Chairwoman Waters convened a hearing entitled, “Holding Megabanks

Accountable: An Examination of Wells Fargo's Pattern of Consumer Abuses” with Timothy
Sloan, then-President and Chief Executive Officer of Wells Fargo.
Shortly after Chairwoman Waters and Committee Democrats pressed Sloan about ongoing
management failures and repeated consumer abuses, it came to light that he had received a $2
million bonus the previous year. Chairwoman Waters and Committee Democrats pushed for
Sloan’s removal, and days later, he resigned.

In February of 2018, then-Ranking Member Waters applauded the Federal Reserve Board’s
announcement that it would restrict Wells Fargo’s growth until the company sufficiently
improves its governance and control.

In September of 2017, then-Ranking Member Waters released a Democratic staff report

detailing a pattern of abusive business practices by Wells Fargo and finding that prudential
regulators have not utilized the full extent of their authorities to end unlawful practices at
megabanks like Wells Fargo.

In August of 2017, then- Ranking Member Waters and other Committee Ranking Members
wrote to former Committee Chairman Jeb Hensarling requesting a public hearing to review
the ongoing violations of consumer rights by Wells Fargo.

###inancial Services

2129 Rayburn House Office Building, Washington, DC 20515 | T (202) 225-4247

CONTACT US | UNSUBSCRIBE

2
 Mohan Harihar <moharihar@gmail.com>

NEW DISCOVERY RE: (1) WELLS FARGO's Toxic Culture; and (2) the
FCS Model©
Wed, Apr 8, 2020 at
Mohan Harihar <moharihar@gmail.com>
5:51 PM
To: maxine.waters@mail.house.gov
Cc: ayanna pressley <ayanna.pressley@mail.house.gov>, Stephen lynch
<Stephen.lynch@mail.house.gov>, elizabeth warren <elizabeth_warren@warren.senate.gov>,
john_hoehne@crapo.senate.gov, susan_wheeler@crapo.senate.gov, NewYorkComplaints Dojoig
<dojoig.newyorkcomplaints@usdoj.gov>, "Constituent.services@state.ma.us"
<constituent.services@massmail.state.ma.us>, governor schedule
<governor.schedule@massmail.state.ma.us>, theresa watson3 <theresa.watson3@usdoj.gov>, andrew
lelling <andrew.lelling@usdoj.gov>, mary murrane <mary.murrane@usdoj.gov>, christina sterling
<christina.sterling@usdoj.gov>, mike_crapo@crapo.senate.gov, sydney levin-epstein <sydney_levin-
epstein@markey.senate.gov>, lori trahan <lori.trahan@mail.house.gov>, maura.healey@state.ma.us,
"Cc:" <dan_jackson@ao.uscourts.gov>, Michael Anthony Sullivan <michael.sullivan@jud.state.ma.us>,
Arthur T Deguglielmo <arthur.deguglielmo@jud.state.ma.us>, Matthew Day
<matthew.day@jud.state.ma.us>, "Jeffrey B. Loeb" <JLoeb@richmaylaw.com>,
jesse.boodoo@state.ma.us, Kevin Polansky <kevin.polansky@nelsonmullins.com>,
kmchugh@harmonlaw.com, maryekoontz@dahercompanies.com, kennethdaher@dahercompanies.com

Dear Chairman Waters,

On Monday, April 6, 2020, you were copied on an email communication (Attached and hilighted
below) that evidences a toxic culture which continues to plague WELLS FARGO Bank. Since
this is a current topic being addressed by the House Financial Services Committee, it is
appropriate to communicate to you (and other HFS Committee members) this latest discovery. Aside
from email communications, you are aware that I've also updated the Committee via the Financial
Services website (Pictured below). As you know, the Committee has already been made aware of the
(related) ongoing Federal litigation proceeding in: (1) the US District Court, Boston, MA (Ref. the
$42B Lawsuit - HARIHAR v US BANK et al, Docket No. 15-cv-11880); and (2) the Middlesex
Superior Court, Woburn, MA (Ref. HARIHAR v WELLS FARGO, et al, Docket No. 1981-cv-00050),
which - like the Federal Government, has historically evidenced NOT ONLY egregious consumer
abuses by this Lender, BUT ALSO the ILLEGAL SECURITIZATION of RMBS Trusts* - evidenced
arguments that as a matter of record stand UNOPPOSED in both the Federal and MA State courts.

As the Nation battles the Coronavirus (COVID-19) Pandemic, millions of Americans are out of work,
through no fault of their own and struggling to stay healthy and pay their bills. Even with the $2T
stimulus package, it's not enough - and a flood of missed home-loan payments caused by the
coronavirus outbreak is threatening to bankrupt U.S. mortgage lenders and deepen the
economic toll of the pandemic. As you know, a review of the above-referenced Federal lawsuit
reveals an economic framework known as the FCS Model© - designed to (at minimum) accomplish
the following:

1. Resolve ongoing legal issues associated with the securitization of residential mortgages;
2. Generate substantial relief to more than 60M households Nationwide; and

3
 3. Help to provide INCREMENTAL repair and grow the US economy, without interfering with
any existing stimulus package - and perhaps avoiding the need for the infusion of an
additional stimulus package(s).

Please be advised, the FCS Model© is the Intellectual Property (IP) belonging solely to the
Plaintiff - Mohan A. Harihar, in the above-referenced litigation. Since it was created for the specific
benefit of The United States, it is also considered a Trade Secret, protected under the Economic
Espionage Act and 18 U.S. Code § 1831. It should be noted that as a matter of record, the FCS
Model had already been presented (successfully) to multiple government offices/firms including (but
not limited to):

1. The Massachusetts Office of the Attorney General (Presented directly to Senior Advisors
under the former AG, Martha Coakley);
2. The Office of (former) US Congresswoman, Niki Tsongas (D-MA);
3. The Office of US Senator Elizabeth Warren (D-MA), (Presented directly to Senior
Economic Advisor - Bruno Freitas);
4. The House Financial Services Committee (Presented directly to Former Deputy Chief
Counsel – Gail Laster);
5. Larry Rasky (Rasky Partners, Inc.), Chairman and CEO to one of the leading independent
public relations and public affairs firms in the nation; and
6. The Executive Office of the President (EOP), under the prior Obama Administration and
per the specific request of (former) Vice President Joe Biden - the likely 2020 Democratic
Nominee for President.

On March 22, 2020, a presentation of the FCS Model© was delivered to The White House for the
President's review. A copy of the presentation is attached here for the Committees' review (See
attached, below). I respectfully request your assistance, along with fellow committee members here in
the Commonwealth - US Congresswoman Ayanna Pressley (D-MA) and Congressman Stephen
Lynch (D-MA), to formally bring the FCS Model© presentation before the HFS committee. Similarly, I
seek Senator Elizabeth Warren's assistance with bringing the FCS Model to the attention of US
Senator (Chairman) Mike Crapo (R-ID) and the Senate Banking Committee. It remains my sincere
hope that Congress and the EOP will work together to recognize the opportunity at hand - particularly
at this time of National Crisis. Successful implementation (if implemented as intended) will be nothing
shy of historic.

Madame Chairman - Thank you for you consideration and attention to this very serious and sensitive
legal matter. If you have any questions or comments, please advise.

*RBMS - Residential Mortgage Backed Security

Respectfully,

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

4
5
---------- Forwarded message ---------
From: Mohan Harihar <moharihar@gmail.com>
Date: Mon, Apr 6, 2020 at 9:59 PM
Subject: Plaintiff Emergency Motion to Expand Defamation Claim against Defendent - WELLS
FARGO
To: david fialkow <david.fialkow@klgates.com>, Jeffrey B. Loeb <JLoeb@richmaylaw.com>
Cc: NewYorkComplaints Dojoig <dojoig.newyorkcomplaints@usdoj.gov>,
Constituent.services@state.ma.us <constituent.services@massmail.state.ma.us>, governor schedule
<governor.schedule@massmail.state.ma.us>, theresa watson3 <theresa.watson3@usdoj.gov>,
andrew lelling <andrew.lelling@usdoj.gov>, mary murrane <mary.murrane@usdoj.gov>, christina
sterling <christina.sterling@usdoj.gov>, <maxine.waters@mail.house.gov>, Stephen lynch
<Stephen.lynch@mail.house.gov>, ayanna pressley <ayanna.pressley@mail.house.gov>,
<mike_crapo@crapo.senate.gov>, elizabeth warren <elizabeth_warren@warren.senate.gov>, sydney
levin-epstein <sydney_levin-epstein@markey.senate.gov>, lori trahan <lori.trahan@mail.house.gov>,
<maura.healey@state.ma.us>, Cc: <dan_jackson@ao.uscourts.gov>, Michael Anthony Sullivan
<michael.sullivan@jud.state.ma.us>, Arthur T Deguglielmo <arthur.deguglielmo@jud.state.ma.us>,
Matthew Day <matthew.day@jud.state.ma.us>, James <james.segerdahl@klgates.com>, Michael S.
<michael.caccese@klgates.com>, Beth H. <beth.weisberg@klgates.com>, Mark
<mark.haddad@klgates.com>

Attorney's Fialkow and Loeb,

Attached, please find the Plaintiff's Emergency Motion to be filed in accordance with Superior
Court Rule 9A, to amend the original complaint, expanding upon evidenced Libel/Defamation claims
against the Defendant - Wells Fargo. Attorney Loeb, you are included in this email since the original
complaint brings slander/libel/defamation claims against ALL named Defendants. With regard to this
latest Discovery involving Libelous/Defamatory comments by a Wells Fargo Executive, please be
advised, should any OTHER Defendant choose align here with the Defendant - Wells Fargo, the
Plaintiff will show cause to further amend his original complaint. Please mail to my attention your
Opposition (if any), in accordance with Rule 9A, to be filed as part of the Plaintiff's 9A package.
Hardcopies of the attached Motion are being mailed to your attention.

6
Due to the severity of evidenced civil/criminal/professional claims associated with this litigation -
including matters perceived to impact National Security and the economic impact caused by the
Coronavirus (COVID-19) Pandemic, parties copied on this email will include: (1) State/Federal
Prosecutors; (2) Governor Baker (R-MA); (3) The White House (www.whitehouse.gov); (4) the
Administrative Office of US Courts; (5) Congressional Leaders (including members of the House
Financial Services and Senate Banking Committees); and (6) Clerk of the Courts – Michael A.
Sullivan. Copies are also being made available to the Public and to media outlets nationwide for
documentation purposes and out of continued concerns for my personal safety and security. Thank
you for your attention to this very serious and sensitive legal matter.

Sincerely,

Mohan A. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
mo.harihar@gmail.com
2 attachments
Plaintiff Motion to Expand Defamation Claim Against Def WELLS FARGO.pdf
1589K
FCS Model - 2020 Updated Presentation.pdf
260K

(SCROLL DOWN TO VIEW)

7
 COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
MIDDLESEX SUPERIOR COURT

) CIVIL ACTION NO. 1981-CV-00050

MOHAN A HARIHAR )
)
Plaintiff )
)
v. )
)
WELLS FARGO NA, et al. )
)
Defendants )
)
)

EMERGENCY MOTION TO AMEND PLAINTIFF’S ORIGINAL COMPLAINT,

EXPANDING UPON TRADE LIBEL/DEFAMATION CLAIMS AGAINST

BANK DEFENDANT – WELLS FARGO AND DEMAND FOR INJUNCTION

The Plaintiff – MOHAN A. HARIHAR, respectfully files this Motion in accordance of Rule 9A

to address NEW EVIDENCE that (at minimum) shows cause to amend his original complaint

and expand upon his existing LIBEL/DEFAMATION claims against the Bank Defendant –

WELLS FARGO under Mass. R. Civ. P. 60(b)(2) and MGL c.231, §§ 91. This latest effort by

the Defendant, specifically, Wells Fargo Executive – Joshua Plummer evidences the clear

intent to continue causing irreparable, malicious damage not only to the Plaintiff’s reputation,

but also to the Plaintiff’s Intellectual Property (IP)/Trade Secret known as the FCS Model© -

an economic framework designed to assist The United States at this time of National Crisis –

8
the Coronavirus (COVID-19) Pandemic.1 As grounds therefore, the Plaintiff informs the Court

of the following:

I. Historical Background (Summary) – This complaint is related to litigation that has been

ongoing for nearly a decade, in both the MA State and Federal Courts. This includes the $42B

Federal Lawsuit – HARIHAR v US BANK, et al (Docket no. 15-cv-11880, US District

Court, Boston, MA). A common theme throughout the history of this litigation is the

Plaintiff’s EVIDENCED claims that reveal what is now recognized NATIONWIDE as the

most egregious abuse of judicial power in US history. As a matter of record, there has been

an UNPRECEDENTED ELEVEN (11) judicial RECUSALS (9 Federal, 2 MA State) – the

most recent of which is Middlesex Superior Court Judge – Hon. Kenneth J. Fishman, who

preceded Judge Howe and recused himself, sua sponte, only AFTER the Plaintiff evidenced

judicial misconduct claims warranting both judicial disqualification and recusal. ANY

OBJECTIVE OBSERVER who thoroughly reviews the historical record will see a repeating

pattern of corrupt conduct, where judicial officers have blatantly brushed aside the

Plaintiff’s evidenced claims in order to reach a corrupt and pre-determined outcome.

That includes the current scenario with this docket, where – based on his interpretation of the

law, the Plaintiff has again evidenced IDENTICAL patterns of corrupt conduct involving the

most recent presiding Judge – Hon. Janice W. Howe, who has long been considered

DISQUALIFIED and WITHOUT JURISDICTION from ruling further on this, or any

related litigation. As a matter of record, the long list of evidenced judicial misconduct claims

against Judge Howe ranges from: (1) Blatantly ignoring Massachusetts Rules of Civil

1
See Exhibit 1 – to view a copy of the FCS Model© presentation delivered to the Executive Office of the
President (EOP) on March 22, 2020, in its entirety.

9
 Procedure and the US Constitution; to (2) Issuing orders after jurisdiction was LOST; to (3)

Improper relationships involving Judge Howe’s HUSBAND – Douglas Howe, Jr., where it

has been evidenced that Mr. Howe has had business relationships with THREE (3) of the

Defendants for decades (Ref. Bank Defendants – WELLS FARGO, US BANK and

Defendant – MERS). Collectively, the severity of evidenced claims (in both MA State and

Federal Courts) has shown cause to report criminal violations involving this judicial (and other

court) officer(s) to State/Federal Prosecutors, Governor Baker (R-MA), The White House,

the Administrative Office of US Courts and Congressional Leaders here in the

Commonwealth. The Plaintiff has also alerted Clerk of the Courts – Michael A. Sullivan,

who found it necessary to bring this matter to the attention of the Chief Justice – Hon. Judith

Fabricant. It should be noted that several of the Plaintiff’s motions addressing these serious

issues have now been PENDING since DECEMBER, 2019, with evidenced claims

disqualifying Judge Howe dating as far back as August 2019. No corrective action has been

taken yet by this Court – beginning with re-establishing jurisdiction.

With regard to the litigation itself, ONE (1) of the primary arguments, which as a matter of

record stands UNOPPOSED by ALL Defendant parties (in both Federal and MA State

Courts) is the Plaintiff’s - Fraud on the Court Claims(s) under Fed./Mass. R. Civ.

(60)(b)(3). The Plaintiff’s claim(s) articulates the FRAUDULENT SECURITIZATION of

RMBS TRUSTS.2 The record shows that the Plaintiff’s argument is completely supported by:

(1) evidenced facts; (2) case references; and (3) the sworn testimony of a Nationally

recognized Fraud Expert, acting on behalf of The United States. The magnitude of impact

2
RMBS – Residential Mortgage Backed Security

10
 here – once the law is upheld, will set legal precedent for more than 60M mortgages that

have been fraudulently securitized (foreclosures and non-foreclosures alike) – an impact

in the trillions of dollars. It is this evidenced argument which as a matter of record stands

UNOPPOSED by ALL Defendants and completely IGNORED by ALL Judicial Officers,

warranting NOT ONLY judicial disqualification, BUT ALSO a DEFAULT Judgement in

favor of the Plaintiff – Mohan A. Harihar, with prejudice, as mandated by Rule 60b and only

after jurisdiction has been justly restored.

A SECOND primary argument (in the related Federal lawsuit) pertains to the Plaintiff’s

Intellectual Property/Trade Secret (the FCS Model©) which proposes a framework for

resolving legal issues related to the securitization of residential mortgages, while at the same

time, creating a path for substantial economic repair and growth – particularly during a time

of National Crisis. A review of the historical record shows that ALL Defendants and Judicial

Officers alike have blatantly IGNORED the evidenced claims of ECONOMIC

ESPIONAGE under 18 U.S. Code § 1831, as if never mentioned – again showing cause for

judicial disqualification and recusal; and where the UNOPPOSED argument calls for

judgement in favor of the Plaintiff. Hopefully, this broad summary puts into context the

severity of the Plaintiff’s Libel/defamation claim(s) against the Defendant – WELLS

FARGO and collectively, this litigation as a whole.

II. The Plaintiff’s Intellectual Property/Trade Secret – The FCS Model© - As the Nation

deals with the economic devastation caused by the Coronavirus (COVID-19) Pandemic, the

Plaintiff is attempting in GOOD FAITH, to raise National awareness to an economic model

that has already been presented (successfully) to multiple government offices/ agencies/firms,

11
 including the EOP at the specific request of (former) VP and 2020 Presidential

Candidate – Joe Biden (as acting VP under the prior Obama administration). NO ONE

– ranging from the Plaintiff’s local Congressional office to The White House has

identified a single flaw with the framework. If implemented as intended, the FCS Model

will: (1) bring incremental benefits to any existing federal/state/local stimulus; (2) cure legal

issues associated with the securitization of residential mortgages; and (3) bring substantial

relief to more than 60M US households at a time of National Crisis, when it’s needed

most. In order to better understand this economic framework and potential impact of

evidenced defamatory statements by the Defendant(s), the plaintiff has attached a copy of the

FCS© Model presentation delivered to The White House on March 22, 2020 -

(Ref. Exhibit 1).

III. Libel/Defamatory Statements Made on 03/26/2020 by Wells Fargo Executive against

Plaintiff – The Plaintiff understands the meaning of Defamation as the act of unjustifiably

injuring the good reputation of a party via misleading or untrue malicious statements; Libel is

defamation through words or graphics. Since the infancy stages of this litigation – and due to

the severity of evidenced claims involving NOT ONLY the named Defendants, BUT ALSO

judicial (and other) court officers, the Plaintiff has used social media: (1) to inform the Public;

(2) for documentation purposes (Facebook, LinkedIn, Twitter, etc.…); and (3) out of

continued concerns for the Plaintiff’s safety and security.

On March 26, 2020, the Plaintiff posted a copy of the FCS Model© presentation

delivered to the President of The United States on CNN’s Business Page (Facebook) – a

12
social media page with GLOBAL REACH - in an effort to share with the Nation, an

economic vision with merit - designed to help millions of Americans who now find

themselves INDEFINITELY out of work (through no fault of their own); struggling to make

ends meet and stay healthy. Shortly after entering the post, a comment was posted by a person

named JOSH PLUMMER, who stated the following - “this makes no sense whack job” (See

attached, below):

After reading the comment, the Plaintiff researched its origin, finding a person by the name of

Josh Plummer who is currently employed by the Defendant – WELLS FARGO, in

Charlotte, NC. Mr. Plummer’s title is currently BUSINESS RISK & CONTROL OFFICER

for Community Banking. Mr. Plummer’s 15+ year career in the banking industry also

13
 included (but is not limited to) the following work experience, both with Wells Fargo and

Bank of America:

1. Technology Control Audit & Exam Team Lead, VP (Operational Risk

Consultant);

2. Senior Lead Auditor, AVP with Wells Fargo Audit Services;

3. Compliance Officer, AVP;

4. Operational Risk Consultant;

5. Compliance Testing Manager; and

6. Treasury Services Advisor

After discovering this NEW evidence that showed Mr. Plummer is employed by the

Defendant – Wells Fargo, the Plaintiff immediately delivered a follow-up comment, informing

Mr. Plummer that his employer is a Defendant in the Federal Lawsuit – HARIHAR v US

BANK, et al, Docket No. 15-cv-11880. Mr. Plummer was also informed that his comments

were being recorded for documentation purposes.

IV. Defendant Wells Fargo Disregarded Plaintiff’s Legal Warning on 03/27/2020 – On the

following day, March 27, 2020, the Plaintiff was made aware of a NEW comment from Mr.

Plummer which reads as follows:

“Mohan Harihar I work in the industry, there is nothing illegal about Residential Mortgage

Securitization. But nice try I guess. (emoji). This spam has nothing to do with the topic, so

take your spam mumbo jumbo somewhere else.” (See attached, Below):

14
After viewing these defamatory comments, the Plaintiff respectfully delivered the following

communication to Mr. Plummer (via Facebook’s Instant Messenger and separately by Email

communication):

“Mr. Josh Plummer (Business Risk & Control Officer, Wells Fargo - Charlotte, NC),

After cautioning you about your slanderous comments made on 03/26/2020 and

informing you that your employer - Wells Fargo, is a Defendant in the $42B Federal

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

chose to disregard my legal warning, making additional defamatory comments on

03/27/2020. It seems that your comments have now been deleted today - Saturday,

March 28, 2020. Not to worry, copies have been made for documentation purposes

(See attached, below).

With regard to your comments, a couple of things: (1) Thank you for confirming that

you work in the Banking Industry; (2) In your comments, you state, "there's nothing

illegal w/ Residential Mortgage Securitization"...Well, that's correct - PROVIDED

that the Trust is LEGALLY SECURITIZED. As a Banking Executive for the

Defendant - Wells Fargo, you are aware that my evidenced claims (which as a matter

of record stand UNOPPOSED by your employer) articulate the ILLEGAL

15
SECURITATION of more than 1400 RMBS Trusts.... The UNOPPOSED claim is

supported by facts and law, case references and the sworn testimony of a Nationally

recognized fraud expert, acting on behalf of The United States; (3) Your efforts to

downplay a framework intended to assist this Nation (referencing it as "spam

mumbo jumbo") - particularly at a time of crisis is quite frankly, repulsive. Not only

will it fix the legal securitization mess caused by your employer (and other lenders),

but it will (in part) likely save the mortgage finance system in this time of crisis. As a

BUSINESS RISK & CONTROL OFFICER, you SHOULD know better; (4) With

regard to the presentation itself, the FCS Model has already been successfully

presented to numerous government offices and firms, including the Executive Office

of the President (Obama Administration). NO ONE has identified a single flaw with

the framework.

Please be advised, as the Plaintiff in the above-referenced Federal lawsuit, your

reckless comments show cause to now amend my original complaint, expanding

upon existing Slander, Libel and Defamation claims against your employer -

Defendant, WELLS FARGO under 28 U.S. Code § 4101. Federal and State

Prosecutors will necessarily be updated, since it appears that the Defendant - Wells

Fargo intends to continue damaging the FCS Model - the Plaintiff's Intellectual

Property (Considered a Trade Secret, protected under the Economic Espionage Act,

18 U.S. Code § 1831).

You may want to reach out to the representing attorney for Wells Fargo - David E.

Fialkow, Esq., K&L Gates, LLP in Boston, MA. Here's his phone number -

617.261.3126. Finally, I respectfully ask that you cease and desist from making any

16
 additional false, defamatory or slanderous comments against me or my Intellectual

Property moving forward. Thank you.

Sincerely,

Mohan A. Harihar
Plaintiff”

Please be advised, the email copy of the above-referenced communication delivered to Mr.

Plummer is attached in its entirety (Ref. Exhibit 2). Due to the severity of evidenced civil and

criminal claims against this Wells Fargo Executive (including matters perceived to impact

National Security), parties copied on the email include: (1) Retained counsel for the

Defendant, Wells Fargo – David E. Fialkow, Esq., K&L Gates, LLP; (2) The Office of the US

Inspector General; (3) The Office of the US Attorney General; (4) The US Attorney’s Office

(MA); (5) The Office of Governor Charlie Baker (R-MA); (6) Congressional Leaders,

including members of the House Financial Services Committee and Senate Banking

Committee; (7) The Administrative Office of US Courts; (8) First Circuit Executive - Susan

Goldberg; (9) Massachusetts Attorney General – Maura Healey; and (10) Clerk of the Courts

(Middlesex County) – Michael A. Sullivan.

V. Plaintiff is Able to Establish all Five Elements of Libel –

“A plaintiff alleging libel must ordinarily establish five elements: (1) that the defendant

published a written statement; (2) of and concerning the plaintiff; that was both (3)

defamatory, and (4) false; and (5) either caused economic loss, or is actionable without

proof of economic loss.”

17
 Clearly, there should be no question that the Plaintiff has satisfied all required elements of the

libel claim(s) – also keeping in mind this most recent claim is incremental to the plethora of

false statements historically identified as part of the record by the Plaintiff involving ALL

named Defendants. Any objective observer would agree.

VI. Actual Malice – is the standard of proof, where the defendant knowingly printed, spoke or

otherwise communicated a false statement of fact about the plaintiff. Reckless disregard for

the truth satisfies the “actual malice” test. Here, the Plaintiff has clearly submitted evidence

against the Defendant – Wells Fargo that irrefutably demonstrates such reckless disregard for

the truth, in an effort to damage the Plaintiff’s reputation and Intellectual Property. Any

objective observer would agree.

VII. The Lanham Act and Trade Libel – The false-advertising section of the Lanham Act

(commonly known as Section 43(a)) provides as follows:

“Any person who, on or in connection with any goods or services, or any container for

goods, uses in commerce any word, term, name, symbol, or device, or any combination

thereof, or any false designation of origin, false or misleading description of fact, or false or

misleading representation of fact, which—is likely to cause confusion, or to cause mistake,

or to deceive as to the affiliation, connection, or association of such person with another

person, or as to the origin, sponsorship, or approval of his or her goods, services, or

commercial activities by another person, or in commercial advertising or promotion,

misrepresents the nature, characteristics, qualities, or geographic origin of his or her or

another person’s goods, services, or commercial activities, shall be liable in a civil action by

any person who believes that he or she is or is likely to be damaged by such act.41 U.S.C. §

1125(a)(1).”

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 Both print publications, images and online statements fall under the libel category. For

example, if the Boston Globe publishes a false statement of fact, it's considered libel. Blog

comments and social media missives also fall under the libel category. Here, the Plaintiff has

clearly submitted evidence against the Defendant – Wells Fargo, where there is a clear

intention to mislead the American Public (including the Global Community); permanently

damaging the Plaintiff’s reputation and Intellectual Property - an economic model designed to

help The United States. Any objective observer would agree.

VIII. Bank Defendant Wells Fargo Continues to Act in BAD FAITH – As a matter of

record, the Plaintiff has clearly evidenced acts of BAD FAITH by ALL named defendants for

nearly a decade now – and which began with the Department of Justice (DOJ), Federal

Bank Regulators and the Massachusetts Office of the Attorney General identifying the

Plaintiff’s foreclosure as ILLEGAL. Since then, there has been an overwhelming

abundance of evidence, submitted by the Plaintiff throughout the years to further show these

repulsive acts of bad faith – a small fraction of which include (but are not limited to):

1. Details of how the associated RMBS Trust – CMLTI 2006 AR-1 was ILLEGALLY

securitized – the evidenced argument which as a matter of record stands

UNOPPOSED in this Middlesex Superior Court as well as in ALL related MA State

and Federal cases.

2. The “Wells Fargo Foreclosure Manual”;

3. Recorded conversations between the Plaintiff and the Defendant (Servicer) – Wells

Fargo, where the servicer (Defendant – Wells Fargo) verbally instructed the

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 Plaintiff to STOP paying his mortgage for ninety (90) days in order to QUALIFY

for a loan modification.

4. Tampering with Court documents previously submitted to this Superior Court (Ref.

HARIHAR v WELLS FARGO et al, Docket No. 1181-cv-04499) which as a matter

of record went “missing” for several weeks and suddenly re-appeared, having been

altered and out of order. According to the Middlesex Superior Court Clerk’s Office

(Lowell, MA), the ONLY other person who accessed the record was the

Defendant’s counsel – Attorney David E. Fialkow (K&L Gates, LLP). Despite

bringing these evidenced claims to the Court’s attention, they were ignored entirely;

5. Countless False Statements – each of which have been identified through the years in

every MA and Federal Court by the Plaintiff as a matter of record, repeatedly made by

the Defendant(s) in an effort to irreparably damage his character, and ultimately his

referenced Intellectual Property;

6. Continued Wells Fargo Scandals Exemplifying Corrupt Behavior – From

admitted mortgage abuses dating back to the 2008 Foreclosure Crisis, to the Fake

Account Scandal, to “Glitches in the system” associated with illegal foreclosures

(which as a matter of record, the Plaintiff evidenced years prior), to improper vehicle

repossessions – the list goes on and on making National headlines year after year.

Aside from the evidenced corruption described throughout the history of this litigation,

the conclusions reached by the House Financial Services Committee – as described in

the March 2020 Staff Report, detail just how corrupt and broken this banking

institution really is.

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 7. Conflicting Testimony by the Defendant’s Former CEO, Tim Sloan - As a matter

of record, the Plaintiff previously reported to this Court, inaccurate testimony by the

Defendant’s former CEO – Tim Sloan, before the House Financial Services

Committee on March 12, 2019. In his sworn testimony – which included an

admission to mortgage-related abuses, Mr. Sloan stated that his company has

reached out to every customer in an effort to resolve these issues. This testimony

clearly contradicts what has been evidenced in this (and all related State/Federal)

litigation for more than a decade. As evidenced by the record, Wells Fargo has never

once “reached out” to Mr. Harihar in effort to resolve a single issue related to these

admitted mortgage abuses associated with his Property. In fact, it is the Plaintiff who

in Good Faith – has repeatedly extended opportunities to Wells Fargo (and to ALL

Defendants) to seek a mutual agreement, only to be ignored. Now, after a year-long

investigation by the House Financial Services Committee, the March 2020 Staff

Report concluded that former Wells Fargo chief executive officer Timothy Sloan

gave false statements to Congress in his March 2019 testimony.

IX. Ongoing Congressional Hearings Continue to Evidence Wells Fargo’s Failure to Repair

Egregious Consumer Abuses – As a respectful reminder, the Plaintiff has already notified

this Court (via Notice) of the Congressional Press Release issued February 21, 2020, by

Congresswoman Maxine Waters (D-MA), Chair of the House Financial Services

Committee. The press release announces an “Ongoing Committee Investigation of

(Defendant) Wells Fargo in response to the company’s widespread consumer abuses.”

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 In March 2020, the Committee was scheduled to hold three (3) hearings on Wells Fargo:

1. March 10 at 10:00 AM – The full Committee will convene for a hearing entitled,

“Holding Wells Fargo Accountable: CEO Perspectives on Next Steps for the Bank

that Broke America’s Trust.”;

2. March 11 at 10:00 AM – The full Committee will convene for a hearing entitled,

“Holding Wells Fargo Accountable: Examining the Role of the Board of Directors

in the Bank’s Egregious Pattern of Consumer Abuses.”; and

3. March 25 at 2:00 PM – The Subcommittee on Oversight and Investigations will

convene for a hearing entitled, “Holding Wells Fargo Accountable: Examining

the Impact of the Bank’s Toxic Culture on Its Employees.”3

One week prior to these scheduled meetings, the House Financial Services Committee

released a Staff Report summarizing the Committee’s year-long investigation, entitled:

“THE REAL WELLS FARGO: BOARD & MANAGEMENT FAILURES, CONSUMER

ABUSES, AND INEFFECTIVE REGULATORY OVERSIGHT”

Included in the Congressional report are the following conclusions: “This Committee staff

report shines a much-needed spotlight on ‘The Real Wells Fargo,’ a reckless megabank

with an ineffective board and management that has exhibited an egregious pattern of

consumer abuses,” Chairwoman Maxine Waters said in a statement….“The Bank

3
The March 25th meeting has been postponed due to the Coronavirus (COVID-19) Pandemic. The re-schedule date
is TBD.

22
continues to engage in consumer abuses” per the House report, and “the potential for

widespread consumer harm still remains.”

On page 75, the final paragraph of the report reads as follows:

“The 2008 financial crisis exposed how the inability of some of the largest banks to manage

their financial risk effectively could destabilize the economy and cause untold harm to

millions of consumers. Committee staff’s investigation has exposed how an institution the

size of Wells Fargo can pose a risk to the financial well-being of millions of consumers

because of its lack of an adequate compliance management infrastructure and inability to

hold itself accountable.”

CLEARLY, based on the evidenced defamatory comments by Mr. Plummer, it is evident that

the Defendant’s TOXIC culture on its employees still exists, showing cause for

accountability here - and similarly in the Federal Court. The Plaintiff will provide a copy of

this motion via email communication to: (1) US Congresswoman (and Chair) Maxine Waters

(D-CA); (2) Congresswoman Ayanna Pressley (D-MA); (3) Congressman Stephen Lynch (D-

MA); (4) US Senator Mike Crapo (R-ID); and (5) US Senator Elizabeth Warren (D-MA), so

that both the Financial Services Committee as well as the Senate Banking Committee are

fully aware of the toxic culture and egregious consumer abuses that this Defendant continues

to exemplify.

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 CONCLUSION

For the reasons stated within - and once jurisdiction has been re-stored, the Plaintiff respectfully

requests that the Court allow the Plaintiff to amend his original complaint against the Defendant

– WELLS FARGO, expanding upon existing claims of defamation, including (but not limited

to) Trade Libel. The Plaintiff seeks incremental compensatory damages, punitive damages, and

injunctive relief – as deemed appropriate by the Court. With regard to injunctive relief, the Court

is already aware of the Plaintiff’s state of indigency – the origination of which stems from the

identified illegal foreclosure of HIS Property. The severity of the Plaintiff’s financial hardship is

now clearly compounded by the Coronavirus (COVID-19) Pandemic, as he is out of work

indefinitely and struggling to meet everyday cost of living expenses, including (but not limited

to): (1) Health Insurance; (2) Housing; (3) Food, (4) Utilities, (5) Transportation costs, etc...

Finally, it is the Plaintiff’s hope that after reviewing the Plaintiff’s White House presentation

of the FCS Model©, there will be a better understanding of the Plaintiff’s overall objectives,

which extend beyond this litigation in an effort to help the Economy and People throughout

the Commonwealth and across the Nation – particularly in a time of National Crisis.

Due to the severity of these legal issues, including matters perceived to impact National Security,

the above-referenced government offices/agencies will receive copies of this Motion. Copies will

also be made available to the Public and to media outlets nationwide for documentation purposes

and out of continued concerns for my personal safety and security. If the Court has ANY

questions regarding any portion of this Motion, or if additional information is required, the

Plaintiff is happy to provide upon request, including (but not limited to) the referenced March

24
2020 House Financial Services Staff Report, in its entirety. The Plaintiff is grateful for the

Court’s attention to this very serious and time-sensitive legal matter.

Respectfully submitted,

Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
April 6, 2020 Mo.harihar@gmail.com

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Exhibit 1

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Exhibit 2

36
 Mohan Harihar <moharihar@gmail.com>

RE: Evidenced Cause to Amend Federal Complaint - HARIHAR v US

BANK et al, Docket No. 15-cv-11880
Mohan Harihar <moharihar@gmail.com> Sat, Mar 28, 2020 at 1:07 PM
To: josh.plummer@wellsfargo.com
Cc: david fialkow <david.fialkow@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 <governor.schedule@massmail.state.ma.us>,
maura.healey@state.ma.us, maxine.waters@mail.house.gov, elizabeth warren
<elizabeth_warren@warren.senate.gov>, sydney levin-epstein <sydney_levin-
epstein@markey.senate.gov>, ayanna pressley <ayanna.pressley@mail.house.gov>, lori trahan
<lori.trahan@mail.house.gov>, Stephen lynch <Stephen.lynch@mail.house.gov>, "Cc:"
<dan_jackson@ao.uscourts.gov>, Susan Goldberg <susan_goldberg@ca1.uscourts.gov>, Michael
Anthony Sullivan <michael.sullivan@jud.state.ma.us>, Matthew Day <matthew.day@jud.state.ma.us>,
"Michael S." <michael.caccese@klgates.com>, James <james.segerdahl@klgates.com>, "Beth H."
<beth.weisberg@klgates.com>, Mark <mark.haddad@klgates.com>

Mr. Josh Plummer (Business Risk & Control Officer, Wells Fargo -
Charlotte, NC),

After cautioning you about your slanderous comments made on

03/26/2020 and informing you that your employer - Wells Fargo, is a
Defendant in the $42B Federal Lawsuit - HARIHAR v US BANK, et al
(Docket No. 15-cv-11880), you apparently chose to disregard my legal
warning, making additional defamatory comments on 03/27/2020. It
seems that your comments have now been deleted today - Saturday, March
28, 2020. Not to worry, copies have been made for documentation
purposes (See attached, below).

With regard to your comments, a couple of things: (1) Thank you for
confirming that you work in the Banking Industry; (2) In your comments,
you state, "there's nothing illegal w/ Residential Mortgage
Securitization"...Well, that's correct - PROVIDED that the Trust is LEGALLY
SECURITIZED. As a Banking Executive for the Defendant - Wells Fargo, you
are aware that my evidenced claims (which as a matter of record stand
UNOPPOSED by your employer) articulate the ILLEGAL SECURITATION

37
of more than 1400 RMBS Trusts.... The UNOPPOSED claim is supported
by facts and law, case references and the sworn testimony of a Nationally
recognized fraud expert, acting on behalf of The United States; (3) Your
efforts to downplay a framework intended to assist this Nation
(referencing it as "spam mumbo jumbo") - particularly at a time of crisis is
quite frankly, repulsive. Not only will it fix the legal securitization mess
caused by your employer (and other lenders), but it will (in part) likely
save the mortgage finance system in this time of crisis. As a BUSINESS
RISK & CONTROL OFFICER, you SHOULD know better; (4) With regard to
the presentation itself, the FCS Model has already been successfully
presented to numerous government offices and firms, including the
Executive Office of the President (Obama Administration). NO ONE has
identified a single flaw with the framework.

Please be advised, as the Plaintiff in the above-referenced Federal lawsuit,

your reckless comments show cause to now amend my original complaint,
expanding upon existing Slander, Libel and Defamation claims against
your employer - Defendant, WELLS FARGO under 28 U.S. Code § 4101.
Federal and State Prosecutors will necessarily be updated, since it appears
that the Defendant - Wells Fargo intends to continue damaging the FCS
Model - the Plaintiff's Intellectual Property (Considered a Trade Secret,
protected under the Economic Espionage Act, 18 U.S. Code § 1831).

You may want to reach out to the representing attorney for Wells Fargo -
David E. Fialkow, Esq., K&L Gates, LLP in Boston, MA. Here's his phone
number - 617.261.3126. Finally, I respectfully ask that you cease and
desist from making any additional false, defamatory or slanderous
comments against me or my Intellectual Property moving forward. Thank
you.

Sincerely,

Mohan A. Harihar
Plaintiff

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39
 CERTIFICATE OF SERVICE

I hereby certify that on April 6, 2020 I mailed the foregoing Emergency Motion to counsel for
the Defendants (listed below) via US Mail and Email Communication:

David E. Fialkow
K&L Gates, LLP
State Street Financial Center
One Lincoln Street
Boston, MA 02111
david.fialkow@klgates.com

Jeffrey B. Loeb, Esq.

Rich May, PC
176 Federal Street
Boston, MA 02110
617.556.3871
JLoeb@richmaylaw.com

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

40