You are on page 1of 14

Mohan A.

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

April 2, 2018

Administrative Office of the United States Courts


Attn: Director James C. Duff
One Columbus Circle, NE
Washington, D.C. 20544

RE: FIRST CIRCUIT PATTERN OF CORRUPT CONDUCT INDICATES A


BROKEN PROCESS WARRANTING INTERVENTION

Dear Director Duff:

Please be advised, the gravity of serious legal issues addressed in this complaint include
(but are not limited to) evidenced allegations of TREASON under ARTICLE III,
Section 3 of the Constitution, Economic Espionage pursuant to 18 U.S.C. § 1832 and
are believed to impact matters of National Security. Therefore, copies of this complaint
are sent via email, social media and/or certified mail to: The Executive Office of the
President (EOP), the US Inspector General - Michael Horowitz, US Attorney
General - Jeff Sessions, members of the US Senate and House of Representatives,
the House Judiciary Committee, House Oversight Committee and to the Federal
Bureau of Investigation (FBI). A copy will also be made available to the Public.
THEREFORE, ALL AMERICANS serve here as WITNESS. Parties are additionally
informed for documentation purposes, and out of MY continued concerns for personal
safety/security.

After speaking with Regional Administrator - Christina Martin on March 28, 2018,
her recommendation was to communicate to you directly, regarding my evidenced claims
involving (in part) the handling of Judicial Misconduct Complaints within the First
Circuit. Evidenced claims of judicial misconduct have now been brought against TEN
(10) Federal (District and Circuit) Court Judges, including First Circuit Chief Judge –
Jeffrey R. Howard and members of the First Circuit Judicial Council. Misconduct
 Page 2 April 2, 2018

also extends beyond Federal Judges to include the Clerk’s Office and the Office of the
Circuit Executive. Collectively, evidenced arguments have been made - revealing that
the INTEGRITY of the First Circuit Court(s) is compromised.

I. BACKGROUND

My name is Mohan A. Harihar – I have been a pro se litigant for the past seven (7)
years involving litigation that stems from misconduct associated with the US Foreclosure
Crisis and Illegal Foreclosure. The first four (4) years of litigation proceeded in MA State
Courts and the last three (3) years have been in Federal Court (All within the First
Circuit). The referenced Federal Cases are: 1.) HARIHAR v. US BANK et al, Appeal
No. 17-1381 (Lower Court Docket No. 15-cv-11880) and 2.) HARIHAR v. THE
UNITED STATES, Appeal No. 17-2074 (Lower Court Docket No. 17-cv-11109).

Since August 2016, I have identified evidenced judicial misconduct associated with my
litigation in the US District Court and the First Circuit Court of Appeals. This misconduct
was first evidenced against US District Court Judge – Allison Dale Burroughs,
BEGINNING with the Judge’s failure to uphold (and blatantly IGNORE) a Federal
Rule of Civil Procedure (Rule 60(b)(3) – Fraud on the Court). The additional list of
evidenced claims brought against Judge Burroughs includes (but is not limited to):

1. Failing to address JURISDICTION issues;


2. Refusal(s) to RECUSE;
3. Continuing to issue orders after LOSING JURISDICTION, constituting an act
of TREASON under ARTICLE III, Section 3 of the Constitution;
4. Failing to address: a.) the Plaintiff’s Intellectual Property (IP) Rights, b.)
Evidenced ECONOMIC ESPIONAGE claims pursuant to 18 U.S.C. § 1832 and
c.) matters believed to impact National Security;
5. Failing to promptly exercise judicial discretion by wrongfully denying or
unnecessarily delaying WITHOUT VALID CAUSE - repeated requests for the
Court to Assist with the Appointment of Counsel pursuant to 28 U.S.C. §1915;
 Page 3 April 2, 2018

6. Failing to address the EVIDENCED and UNOPPOSED FRAUD on the


COURT claims under Fed. R. Civ. P. 60(b)(3).
7. Failing to address evidenced UNOPPOSED claims of JUDICIAL FRAUD on
the COURT, pursuant to Fed. R. Civ. P. 60(b)(3) and clear violations to the
Judicial Code of Conduct;
8. Failing to address identified DUE PROCESS VIOLATIONS, including (but not
limited to) refusing a TRIAL BY JURY;
9. Ignoring requests for a GRAND JURY;
10. Failing to address the clearly evidenced IMBALANCE OF HARDSHIPS;
11. Failing to address Title 18, U.S.C., Section 242 Deprivation of Rights Under
Color of Law;
12. Failing to address Title 18, U.S.C., Section 241 Conspiracy Against Rights;
13. Failing to address Title 18, U.S.C., Section 1001 Fraud and False Statements;
14. Failing to address Title 42 Sec. 1983, Civil action for Deprivation of Rights;
15. Failing to address the Plaintiff’s/Appellant’s REPEATED concerns for his
personal SAFETY AND SECURITY;
16. Failing to promptly reimburse accruing Legal (and other) Fees due to the
Appellant, as stated within the record;
17. Failing to address DEMAND(S) for CLARIFICATION HEARINGS, with the
presence of an INDEPENDENT COURT REPORTER;
18. Failing to address evidenced argument(s) as FACT – PRIOR to moving to
DISCOVERY and PREMATURELY moving to DISMISSAL;
19. Ignoring requests for TRANSFER; and others.

The record shows that although at a substantial LEGAL DISADVANTAGE, I have


properly followed the legal process for filing the judicial misconduct complaints under
Rules for Judicial Conduct and Judicial-Disability Proceedings. The initial complaint
was filed in August 2016 with the Office of the Circuit Executive – under Susan
Goldberg (Deputy Circuit Executive – Florence Pagano and Administrative Attorney –
Anastasia Dubrovsky) and as required, reviewed by First Circuit Chief Judge – Jeffrey
 Page 4 April 2, 2018

R. Howard. After filing the complaint, incremental claims against Judge Burroughs
warranted filing four (4) supplemental complaints.

On January 5, 2017, I received a correspondence from the Circuit Executive stating that
Chief Judge Howard dismissed my complaint. After reading through the Chief Judge’s
decision, a number of glaring concerns were identified. To begin with, primary elements
of the judicial complaint were ignored entirely without a single mention, including
(but not limited to):

1. Judicial Fraud upon the Court - and evidenced examples showing the failure
to uphold Federal Rules of Civil Procedure and the judicial machinery of the
Court;
2. Irrefutable evidence supporting three (3) acts of TREASON to the
Constitution, under ARTICLE III, Section 3;
3. Refusal(s) to RECUSE; and others.

It became clear that Chief Judge Howard had NO INTENTION of holding an accused
officer of the court accountable for evidenced judicial misconduct. It also became clear
that a PATTERN of CORRUPT CONDUCT was developing.

On February 3, 2017, and pursuant to Rule 18 of the Judicial-Conduct and Judicial-


Disability Proceedings, I filed with the Circuit Executive a judicial misconduct petition
for review by the Judicial Council. The Judicial Council was comprised of:

1. US Circuit Judge Juan R. Torruella;


2. US Circuit Judge William J. Kayatta, Jr.;
3. US Chief Judge Joseph N. LaPlante (US District Court (NH);
4. US District Court Judge John J. McConnell, Jr. (US District Court (RI);
5. US District Court Judge John David Levy (US District Court (ME).

On March 31, 2017 Judge Burroughs wrongfully dismissed my civil complaint. Notice
of Appeal was timely filed in April 2017. The Circuit Judges presiding over the Appeal
were:
 Page 5 April 2, 2018

1. US Circuit Judge Juan R. Torruella;


2. US Circuit Judge William J. Kayatta, Jr.;
3. US Circuit Judge David J. Barron.

On June 14, 2017 I necessarily filed a RELATED Civil Complaint against The United
States (Docket No. 17-cv-11109). US District Court Judge Allison Dale Burroughs
was again assigned to this case on June 16, 2017. Three (3) days later on June 19,
2017, Judge Burroughs RECUSED herself sua sponte. By her recusal, there was just
cause to attack ALL related orders INCLUDING (but not limited to) the Dismissal
Order associated with HARIHAR v US BANK et al, Docket No. 15-cv-11880. Despite
multiple efforts requesting the District (and Appeals) Court to initiate corrective action,
none was taken. Based on the evidenced record, this recusal has instead been
seemingly ignored by the (District and Appeals) Court.

On August 3, 2017, and after filing four (4) additional supplements, the Judicial Council,
in what is viewed as a synonymous pattern of corrupt conduct - dismissed my judicial
misconduct petition without VALID cause.

II. CONTINUED PATTERNS OF CORRUPT CONDUCT

Since identifying the referenced judicial misconduct against Judge Burroughs and Chief
Judge Howard, IDENTICAL patterns of corrupt conduct have been similarly
identified/evidenced against ALL judges associated with: 1.) the related Appeal No,
17-1381 and with 2.) the related complaint against THE UNITED STATES, Appeal No,
17-2074 (Lower Court Docket No. 17-cv-11109).

This SAME pattern of corrupt conduct is evidenced with the members of the Judicial
Council, where it should appear clear to ANY OBJECTIVE OBSERVER, that this
Federal Judiciary shows no intention to hold fellow judges accountable for their
misconduct.

As a PRIMARY example, since August 2016, I have collectively filed with the Court(s)
– OVER FIFTY (50) + court documents addressing a JURISDICTION issue(s).
 Page 6 April 2, 2018

NOT ONCE has this judiciary (including the judicial council) addressed (or even
acknowledged) my raised issues pertaining to jurisdiction. Other evidenced examples
include (but are not limited to): 1.) issues regarding Treason claims, 2.) Economic
Espionage, 3.) Threats to National Security, etc.…

III. INTENT, MOTIVE AND CONSPIRACY CLAIMS

While further investigation is needed to determine exactly WHY TEN (10) Federal
Judges would break their judicial oath and conspire against this pro se litigant, the
resulting failures to uphold the judicial machinery of the Court are irrefutable. There are
however, supported arguments within the record(s) that demonstrate both judicial intent
as well as motive:

1. Avoid Setting Legal Precedent


2. Prejudice/Bias Against Pro Se Litigants
3. Economic Espionage and Threats to National Security

IV. INCREMENTAL JUDICIAL MISCONDUCT COMPLAINTS FILED

As evidenced by the record(s), there appears to be a clear agenda by this Federal


Judiciary to ensure that this pro se litigant does not receive a FAIR AND JUST
RESOLUTION to his civil complaint(s). It has become necessary to file judicial
misconduct complaints against TEN (10) Officers of the Court. They include:

1. US District Court Judge Allison Dale Burroughs (Recused)*;


2. US District Court Judge Denise J. Casper*;
3. US Chief Judge Jeffrey R. Howard*;
4. US Circuit Judge Juan R. Torruella*;
5. US Circuit Judge William J. Kayatta, Jr.*;
6. US Circuit Judge David J. Barron*;
7. US Circuit Judge O. Rogeriee Thompson*;
8. US Chief Judge Joseph N. LaPlante (US District Court (NH);
9. US District Court Judge John J. McConnell, Jr. (US District Court (RI);
 Page 7 April 2, 2018

10. US District Court Judge John David Levy (US District Court (ME).

*Indicates evidenced claims of Treason have been brought against the Federal
(District or Circuit) Judge, for ruling without jurisdiction.

V. CRIMINAL COMPLAINTS FILED WITH THE FBI

Since evidenced claims against referenced Officers of the Court include CRIMINAL
claims, complaints have been necessarily filed with the FBI. These evidenced criminal
claims include (but are not limited to): 1.) Treason, 2.) Economic Espionage, 3.)
Criminal Conspiracy claims, and others.

VI. COMPLAINTS AGAINST THE CIRCUIT EXECUTIVE AND CLERK’S


OFFICE

If the function of the Clerk’s office is to (at least in part) ensure compliance with: 1.)
FRCP, 2.) FRAP and 3.) the Court's local rules, then a thorough review of the referenced
litigation will reveal multiple evidenced failures. These failures include witness to
Federal Judges completely ignoring FRCP and FRAP rules (Jurisdiction and Fraud on the
Court are just two of many examples).

Similarly, the Office of the Circuit Executive has failed to ensure compliance with the
rules governing Judicial Misconduct. After speaking with Regional Administrator -
Christina Martin on March 28, 2018, it is clear, that NO ONE from EITHER office
has informed the Administrative Office of the United States Courts (or any other
agency/office) of these referenced judicial violations. With this communication,
complaints are now officially filed against the following parties:

1. Circuit Executive – Susan Goldberg;


2. Deputy Circuit Executive – Florence Pagano;
3. Supervisory Attorney – Anastasia Dubrovsky;
4. Circuit Clerk of the Court – Margaret Carter;
5. Circuit Clerk – Robert M. Farrell;
 Page 8 April 2, 2018

6. Deputy Clerk – Matthew A. Paine

These parties have also witnessed Federal Judges continuing to Rule after LOSING
JURISDICTION. The Clerk’s Office and the Office of the Circuit Executive have
therefore consciously chosen NOT to report (or serve as witness to) evidenced acts of
Treason by SEVEN (7) Officers of the Court - and instead remain silent. These
actions constitute MISPRISION OF TREASON, PURSUANT TO 18 U.S. Code §
2382. Additional arguments suggest that these parties have CONSPIRED with Federal
Judges to ensure that the referenced litigation does not successfully move forward.

Criminal complaints are now necessarily filed with FBI against these referenced
individuals (See Attachment A).

VII. EVIDENCED TREASON CLAIMS WARRANT INFORMING THE


EXECUTIVE OFFICE OF THE PRESIDENT (EOP)

As required by Federal Law and as evidenced by the record(s), I have reported these
witnessed claims of Treason to: 1.) the Executive Office of The President (EOP), 2.)
The Governor of Massachusetts – Charlie Baker (R-MA) and 3.) The United States
District Court (MA) and US Appeals Court (First Circuit).

VIII. CONGRESS, THE DOJ, INSPECTOR GENERAL (OIG) AND OTHER


OFFICES/AGENCIES NECESSARILY INFORMED

Since the referenced litigation raises issues which are believed to impact matters of

National Security, I have consistently stated (in a PREFACED DISCLOSURE

STATEMENT), that copies of referenced Court documents were being delivered via –

certified mail, email communication and/or social media to the following

offices/agencies:

1. The Executive Office of the President (EOP);

2. The Department of Justice (DOJ);


 Page 9 April 2, 2018

3. The Office of the Inspector General (OIG);

4. The Federal Bureau of Investigation (FBI);

5. Members of Congress (Both House and Senate);

6. House Judiciary Committee;

7. House Oversight Committee.

The gravity of issues involved has led to additionally informing: 8.) The Office of the
Special Inspector General for the Troubled Asset Relief Program (SIGTARP); 9.)
The Securities and Exchange Commission (SEC); 10.) The Federal Trade
Commission (FTC); 11.) The Internal Revenue Service (IRS); and 12.) The Office of
the Comptroller of the Currency (OCC). ALL documents are additionally made
available to the PUBLIC.

IX. CONCERNS FOR PERSONAL SAFETY/SECURITY

When an American citizen of The United States – the greatest country in the world
cannot depend on: 1.) an IMPARTIAL Federal (or State) Judiciary to uphold the Law, or
2.) Federal/State Prosecutors to prosecute evidenced criminal misconduct, there exists a
clear reason to fear for one’s safety and security.

X. 28 U.S. Code § 453 – OATHS OF JUSTICES AND JUDGES

Each justice or judge of the United States shall take the following oath or affirmation
before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm)
that I will administer justice without respect to persons, and do equal right to the poor
and to the rich, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as ___ under the Constitution and laws of the United States.
So help me God.”
 Page 10 April 2, 2018

A pattern of corrupt conduct has now been evidenced – IN FULL PUBLIC VIEW, that
irrefutably shows that the referenced Officers of the Court have FAILED to uphold
their Oath of Office and the judicial machinery of the Court.

XI. CLOSING STATEMENT

Director Duff - After a THOROUGH review of: 1.) the referenced litigation, 2.) judicial
misconduct complaints filed and 3.) judicial misconduct petitions filed, there is an
expectation for you to similarly conclude that (at minimum) there has been a
BREAKDOWN in the PROCESS, as it pertains to the FIRST CIRCUIT’S ability to
address judicial misconduct complaints. There is also an expectation for you, and/or the
appropriate authority to initiate a plan of corrective action moving forward.

If there is disagreement with ANY singular claim brought against the referenced parties,
please articulate exactly which documents of record were reviewed in order to reach your
conclusion. I am happy to provide you with additional supporting information upon
request.

For documentation purposes, copies of this communication will be filed via NOTICE
with the US District Court (MA) and the First Circuit Court of Appeals.

Thank you for your attention to this very serious matter.

Respectfully submitted,

Mohan A. Harihar
 Page 11 April 2, 2018

Attachment A
 Page 12 April 2, 2018
 Page 13 April 2, 2018

The TEXT BOX of the filed Criminal Complaint reads as follows:

I, Mohan A. Harihar, complainant in this case, state that the following is true to the best
of my knowledge and belief.
DEFENDANTS: 1.) Circuit Executive – Susan Goldberg; 2.) Deputy Circuit Executive –
Florence Pagano; 3.) Supervisory Attorney – Anastasia Dubrovsky; 4.) Circuit Clerk of
the Court – Margaret Carter; 5.) Circuit Clerk – Robert M. Farrell; 6.) Deputy Clerk –
Matthew A. Paine
Contact Information: John Joseph Moakley U.S. Courthouse,1 Courthouse Way, Boston,
MA 02210, Clerk's Office: 617-748-9057
ALLEGATIONS AND SUPPORTING FACTS: The crimes alleged against referenced officers
of the Court have occurred in the timeline associated with the litigation: HARIHAR v. US
BANK et al, Appeal No. 17-1381 (Lower Court Docket No. 15-cv-11880); HARIHAR v. THE
UNITED STATES, Appeal No. 17-2074 (Lower Court Docket No. 17-cv-11109); and actions
related to filed judicial misconduct complaints/petitions.
The evidenced allegations conclusively show that (at minimum) these referenced
officers of the court have personally witnessed an act(s) of Treason under Article III,
Section 3 of the Constitution, and have failed/refused to report these crimes, as
required by Federal law. Their failure(s) to report Treason and other witnessed acts of
Judicial Misconduct additionally contributes to existing CONSPIRACY (and other) claims
as stated in the referenced litigation. By their actions (or lack thereof) these parties are
believed to have contributed to the Misappropriation of a Trade Secret (IP) designed to
assist the United States with economic growth/repair associated with the US
Foreclosure Crisis. The complainant believes that upon further investigation, additional
(related) crimes committed by these officers will be evidenced. The Complainant
maintains the right to expand upon/file new claims if deemed necessary.
STATEMENT OF PROBABLE CAUSE: The Complainant states that these facts establish
probable cause indicating that (at minimum) the following crimes have occurred:
MISPRISION OF TREASON 18 U.S. Code § 2382; 18 U.S. Code § 371 - Conspiracy to
commit offense or to defraud United States; and ECONOMIC ESPIONAGE (Economic
Espionage Act) 18 U.S. Code § 1831.
Supporting Documents are part of the Court record(s) associated with the referenced
litigation and include judicial misconduct complaints/petitions filed with the Office of
the Circuit Executive. A separate complaint has also been filed with the Director of the
Administrative Offices of US Courts.
Please be advised, since this matter involves evidenced claims of TREASON and
matters perceived to impact National Security, the Complainant (by his interpretation
of Federal Law) has necessarily communicated these claims to the President, members
of Congress and other appropriate agencies. The PUBLIC has also been copied out of
concerns for personal safety and security. Copies of this criminal complaint will be
delivered to the President's attention, filed with the Court and appropriate agencies.
 Page 14 April 2, 2018

You might also like