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 Americanborn 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 Plaintiffs 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 Harihars 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, Harihars 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

Docket No: 2015-cv-

Plaintiff
v.
US BANK NA, et al.
Defendants

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)

See Attachment A
2

against the United States are clear2. 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 Attorneys Office;

2
3

See Attachment B
See Attachment C
3

3. The Massachusetts Attorney Generals 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 Attorneys 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 Plaintiffs
second amended complaint. The Plaintiff must now be allowed to
file a third amended complaint, necessarily adding the United
States as a Defendant.

The Plaintiffs 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: 1:12cv-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 Plaintiffs complaint. The Defendants
admission to FRAUD further underlines the United States
awareness to definitive criminal misconduct associated with the

US Foreclosure/Financial Crisis and this Plaintiffs 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 Defendants current
Motions to Dismiss; that the Court reconsider the Plaintiffs
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 Courts consideration of this

request.

Respectfully submitted,

Mohan A. Harihar
7124 Avalon Drive
Acton, MA 01720
617.921.2526
Mo.Harihar@gmail.com

Attachment A

10

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.

11

Attachment B

12

13

Attachment C

14

From: Mohan Harihar <moharihar@gmail.com>

Date: Fri, Mar 25, 2016 at 12:31 PM
Subject: UPDATE TO 3/14/16 COMMUNICATION DELIVERED TO INSPECTOR GENERAL MICHAEL E. HOROWITZ
To: NewYorkComplaints Dojoig <dojoig.newyorkcomplaints@usdoj.gov>
Cc: Valerie_jarrett@who.eop.gov, jarrettpublic@who.eop.gov, kbranch@who.eop.gov,
"elizabeth_warren@warren.senate.gov" <elizabeth_warren@warren.senate.gov>,
"mark_bayer@markey.senate.gov" <mark_bayer@markey.senate.gov>,
mark_gallagher@markey.senate.gov, "june.black@mail.house.gov"
<june.black@mail.house.gov>, "timothy.sheehan@cfpb.gov" <timothy.sheehan@cfpb.gov>,
Press@usdoj.gov, bryan.olson@klgates.com, Jim Gray <jim.gray@nelsonmullins.com>

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.
2.
3.
4.
5.
6.
7.
8.

President Barack Obama (via Senior Advisor, Valerie Jarrett)

US Senator - Elizabeth Warren (MA)
US Senator - Ed Markey (MA)
Congresswoman - Niki Tsongas (MA)
Assistant Deputy Director - Timothy Sheehan (CFPB)
The US Department of Justice (DOJ)
K & L Gates, LLP
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

15

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)

---------- Forwarded message ---------From: Mohan Harihar <moharihar@gmail.com>

Date: Mon, Mar 14, 2016 at 4:16 PM
Subject: TO THE ATTENTION OF INSPECTOR GENERAL - MICHAEL E. HOROWITZ
To: NewYorkComplaints Dojoig <dojoig.newyorkcomplaints@usdoj.gov>, Press@usdoj.gov
Cc: Valerie_jarrett@who.eop.gov, jarrettpublic@who.eop.gov, kbranch@who.eop.gov,
"elizabeth_warren@warren.senate.gov" <elizabeth_warren@warren.senate.gov>,
"mark_bayer@markey.senate.gov" <mark_bayer@markey.senate.gov>,
mark_gallagher@markey.senate.gov, "june.black@mail.house.gov"
<june.black@mail.house.gov>, "timothy.sheehan@cfpb.gov" <timothy.sheehan@cfpb.gov>

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.
2.
3.
4.
5.

President Barack Obama

US Senator - Elizabeth Warren (MA)
US Senator - Ed Markey (MA)
Congresswoman - Niki Tsongas (MA)
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

16

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.
2.

Accountability for the harm and damages I have personally incurred, associated
with the confirmed misconduct the DOJ has already identified.
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.
2.

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

17

2.

3.

4.

5.

Color of Law violations clearly evidenced within the Commonwealth of

Massachusetts will necessarily be expanded to a Federal level.
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.
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+.
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.
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

18