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Digitally signed

by Joseph Zernik
Human Rights Alert DN: cn=Joseph
Zernik, o, ou,
PO Box 526, La Verne, CA 91750 email=jz12345@e
Fax: 323.488.9697; Email: jz12345@earthlink.net arthlink.net, c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2010.06.20
13:36:23 +03'00'
Scribd: http://www.scribd.com/Human_Rights_Alert

SATURDAY, JUNE 19, 2010

10-06-20 SEC v Bank of America Corporation (1:09-cv-06829) - Hallmark of


Enforcement in Current Banking Crisis - Alleged as Invalid Litigation

Chief Judge Loretta Preska

SEC v Bank of America Corporation (1:09-cv-06829) - Hallmark of Enforcement in Current Banking


Crisis - Alleged as Invalid Litigation
New York, June 20 - Human Rights Alert (NGO) and Dr Joseph Zernik filed repeat requests with Mary L Schapiro - SEC
Chair [1], Brian Moynihan - Bank of America Corporation President/CEO [2], and the Honorable Loretta Preska - US
District Court, Southern District of New York Chief Judge, [3] to access public records - judicial records in SEC v Bank of
America Corporation (1:09-cv-06829). Request was for the summons as well as the authentication records (NEFs) of all
court minutes, orders, and the judgment in the case. Specific request was made for the authentication records of the
February 2010 court records, which brought the case to its end - Opinion and Order and Final Consent Judgment. The
authentication records (NEFs) are essential for determining the validity and effect of judicial records, which are today
digital records, generated in the US courts' case management system - CM/ECF. Previous requests, which were filed
with Bank of America, with SEC, and with the Court itself were denied with no explanation at all. The request filed by
Human Rights Alert with the US District Court today invoked the First Amendment right to access judicial records - to
inspect and to copy. The requests filed with SEC and Bank of America also invoked the inherent interest of Dr Zernik as
a shareholder of Bank of America Corporation.
Human Rights Alert claimed that the ongoing refusal of all three parties to provide access to such public records, and
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other evidence as well, would lead a reasonable person to conclude that SEC v Bank of America Corporation (1-09-cv-
06829) was likely to have been an invalid litigation and a pretense of enforcement of the law. The case itself was viewed
as the hallmark of enforcement of regulation under the current banking crisis. It was extensively and repeatedly covered
by main media outlets, such as the New York Times and the Wall Street Journal. However, it was doubted that any
media ever gained access to the authentication records, access to which was repeatedly requested by Dr Zernik for over
half a year.
Conditions, prevailing at the US courts, were analyzed in detail in a scholarly paper, titled: Data Mining of the Online
Judicial Records in the Networked US Federal Courts, [4] soon to be submitted by Human Rights Alert for international
peer review.
The paper stated:

"... records obtained from multiple cases in various US courts across the United States documented the tight
relationship between conditions at the US courts, and the current banking crisis. There simply is no way to
institute honest and effective banking regulation absent honest enforcement at the US courts."

The paper concluded:

"The transition to digital administration entailed a sea change in procedures of the US courts. The transition
took place over a relatively short time, was independently executed by the US courts through the Administrative
Office of the Courts, under insufficient public and legal accountability. The transition resulted in precipitous
deterioration in integrity of the courts, in human rights, and in enforcement by regulatory agencies in the United
States."

Copies of the requests were filed with John Dugan - Comptroller of the Currency, with Chairs of the US Congress
Banking and Judiciary Committees, with the Basel Accords Committee on international banking, and with various
national central banks.
###
Contact:
Joseph Zernik, PhD
Human Rights Alert
______
LINKS AND ATTACHMENTS:
[1] Repeat request filed with Mary L Schapiro - SEC Chair:
 Page 3/6 June 20, 2010

Date: Sun, 20 Jun 2010 09:04:43 +0300


To: "Schapiro, Mary L (SEC)"
From: joseph zernik
Subject: SEC v Bank of America Corporation (1-09-cv-06829) - repeat request for public records
Cc: , "Enforcement" , Sec Help , "Bezek, Samuel" , Sec , Sec , Secchairmanoffice , , oig@sec.gov, "Silverwood,
James R." , US SEC Chairman Office , US SEC Enforcement, US SEC Chair , , "Silverwood, James R." ,
June 20, 2010
Mary L Schapiro, SEC Chair
SchapiroM@sec.gov
RE: SEC v Bank of America Corporation (1-09-cv-06829) - Repeat request to provide access to
public records - judicial records, which are the summons and authentication records (NEFs)
Dear Ms Schapiro:
Please accept this repeat request by a Bank of America Corporation shareholder, to provide access to public
records - judicial records, which are the summons and authentication records (NEFs) of all court minutes, orders,
and the judgment in SEC v Bank of America Corporation (1-09-cv-06829).
The evidence, including, but not limited to refusal of SEC to provide access to such public records, would lead a
reasonable person to conclude that SEC engaged in an invalid litigation and pretense enforcement in this case.
Conduct of Bank of America, combined with the Bank of America Outside Counsel Procedures, [1] Certifications,
which were signed by Mr Moynihan, President and CEO, pursuant to Sarbanes Oxley Act (2002) in recent
periodic reports, [2][3] and Disclosure pursuant to Basel II Pillar III, [4] are alleged as obstruction and
perversion of justice, fraud on individuals, fraud on shareholders at large, fraud on US taxpayers, and fraud on the
international banking community.
Therefore, please also accept this notice as a request that you enforce the law on Bank of America Corporation in
compliance with the law and your duties and obligations.
Truly,

Joseph Zernik, PhD


Human Rights Alert (HRA), NGO
http://human-rights-alert.blogspot.com/
http://www.scribd.com/Human_Rights_Alert
CC:
1) John Dugan, Comptroller of the Currency
2) Basel Accord Committee
3) National Central Banks, Research Departments
4) US Congress - Banking and Judiciary Committee Chairs.
LINKS:
[1] 08-12-11-Bank-of-America-Outside-Counsel-Procedures-s
http://www.scribd.com/doc/27932516/
[2] 10-05-07-BANK-OF-AMERICA-CORP-DE-Form-10-Q-Received-05-07-2010-07-49-51-s
 Page 4/6 June 20, 2010

http://www.scribd.com/doc/32256751/
[3] 10-02-26-BANK-OF-AMERICA-CORP-DE-Form-10-K-Received-02-26-2010-07-51-53-s
http://www.scribd.com/doc/32260743/
[4] 09-12-31-Bank-of-America-MBNA-Canada-Bank-II-Basel-Pillar-III-Disclosure-s
http://www.scribd.com/doc/32219320/

______
[2] Repeat request filed with Brian Moynihan - Bank of America Corporation President/CEO:

Date: Sun, 20 Jun 2010 08:46:53 +0300


To: "Moynihan, Brian T (BofA)"
From: joseph zernik
Subject: SEC v Bank of America Corporation (1-09-cv-06829) - repeat request for public records
Cc: "Amberg, John W." , "Van Cleve, Peter D. - Managing Partner St. Louis" , "Modisett, Jeffrey A, Managing
Partner- LA" , , "Attention: General Counsel Ed O'Keef" , , , , , , "Samuels, Sandor - Legal" , "Shatz, Sanford -
Legal" , "Boock, Todd A -Legal" , "General Counsel Ed O'Keefe" , swprice@bryancave.com,
litwinovich@bryancave.com, "Attention Brian Moynihan" , , "Samuels, Sandor - Legal" , "Boock, Todd A -Legal" ,
"Shatz, Sanford -Legal" , "Modisett, Jeffrey A, Managing Partner- LA" < jamodisett@bryancave.com >,
June 20, 2010
Brian T Moynihan, President/CEO (BofA)
brian.t.moynihan@bankofamerica.com
RE: SEC v Bank of America Corporation (1-09-cv-06829) - Repeat request to provide access to
public records - judicial records, which are the summons and authentication records (NEFs)
Dear Mr Moynihan:
Please accept this repeat request by a shareholder, to provide access to public records - judicial records, which are
the summons and authentication records (NEFs) of all court minutes, orders, and the judgment in SEC v Bank of
America Corporation (1-09-cv-06829).
The evidence, including, but not limited to refusal of Bank of America Corporation to provide access to such public
records, would lead a reasonable person to conclude that Bank of America Corporation engaged in an invalid
litigation and pretense justice in this case.
Please also accept this notice as a request that you comply with reporting duties pursuant to Sarbanes Oxley
Act (2002).
Conduct of Bank of America, under your leadership, combined with the Bank of America Outside Counsel
Procedures, [1] Certifications, which you signed pursuant to Sarbanes Oxley Act (2002) in recent periodic
reports, [2][3] andDisclosure pursuant to Basel II Pillar III, [4] are alleged as obstruction and perversion of
justice, fraud on individuals, fraud on shareholders at large, fraud on US taxpayers, and fraud on the international
banking community.
Truly,

Joseph Zernik, PhD


Human Rights Alert (HRA), NGO
http://human-rights-alert.blogspot.com/
 Page 5/6 June 20, 2010

http://www.scribd.com/Human_Rights_Alert
CC:
1) John Dugan, Comptroller of the Currency
2) Mary L Schapiro, Chair, SEC
3) Basel Accord Committee
4) National Central Banks, Research Departments
5) US Congress - Banking and Judiciary Committee Chairs.
LINKS:
[1] 08-12-11-Bank-of-America-Outside-Counsel-Procedures-s
http://www.scribd.com/doc/27932516/
[2] 10-05-07-BANK-OF-AMERICA-CORP-DE-Form-10-Q-Received-05-07-2010-07-49-51-s
http://www.scribd.com/doc/32256751/
[3] 10-02-26-BANK-OF-AMERICA-CORP-DE-Form-10-K-Received-02-26-2010-07-51-53-s
http://www.scribd.com/doc/32260743/
[4] 09-12-31-Bank-of-America-MBNA-Canada-Bank-II-Basel-Pillar-III-Disclosure-s
http://www.scribd.com/doc/32219320/

______
[3] Repeat request filed with Honorable Loretta Preska - US District Court, Southern District of New
York, Chief Judge:

Date: Sun, 20 Jun 2010 10:05:12 +0300


To: "Deputy Clerk Cliffor Kirsch","Clerk of the Court Ruby Krajick"
From: joseph zernik
Subject: SEC v Bank of America Corporation (1-09-cv-06829) - repeat request for public records
Cc: "Smith, Darcy \(USMS\)" , "Shell, Thomas\(USMS\)"

June 20, 2010


The Honorable Loretta A Preska
Chief Judge
US District Court, Southern District of New York
C/O:
Ruby Krajick,
Clerk of the Court
Clifford Kirsch,
Deputy Clerk
RE: SEC v Bank of America Corporation (1-09-cv-06829) - Repeat request to provide access to
public records - judicial records, which are the summons and authentication records (NEFs)
Dear Judge Preska:
Please accept instant notice as a repeat request to provide access to public records - judicial records, which are the
summons and the authentication records (NEFs) of all court minutes, orders, and the judgment in SEC v Bank of
America Corporation (1-09-cv-06829), including, but not limited to: (a) Dkt #96 OPINION AND ORDER and (b)
 Page 6/6 June 20, 2010

Dkt #97 FINAL CONSENT JUDGMENT AS TO DEFENDANT BANK OF AMERICA CORPORATION.


Like previous requests, instant request is made pursuant to First Amendment rights and Nixon v Warner
Communications, Inc (1978). Previous requests were denied with no reason at all.
Instant request is also made by a shareholder in Bank of America Corporation, pursuant to the right for Fair
Hearings in ratified international law - the Universal Declaration of Human Rights and common law right to
access judicial records - to inspect and to copy.
Your expedient attention to this matter would be greatly appreciated.
Truly,

Joseph Zernik, PhD


Human Rights Alert (HRA), NGO
http://human-rights-alert.blogspot.com/
http://www.scribd.com/Human_Rights_Alert

CC:
1) John Dugan - Comptroller of the Currency
2) Mary L Schapiro - SEC Chair
3) Basel Accord Committee
4) National Central Banks, Research Departments
5) US Congress - Banking and Judiciary Committee Chairs.

______

[4] Data Mining of the Online Judicial Records in the Networked US Federal Courts
http://inproperinla.com/10-06-18-paper-2-courts-s.pdf