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Fraud by Bank of America in the Los Angeles Court

by Human Rights Alert, NGO Thursday, Apr. 14, 2011 at 6:56 AM

BofA, Brian Moynihan are Asked to Disclose their Attorney of Record in the Los Angeles Superior Court. ____ Ongoing refusal of the US Government to subject Bank of America to the rule of law, combined with "corruption of the courts and the legal profession", undermine the US financial systems and violate the US obligations in international banking accords and Human Rights conventions.

Los Angeles, April 13 - In Lomas v Bank of America Plaintiff Susan Lomas is trying to protect her rights against alleged fraud by Bank of America and others in foreclosure procedures. The case is opined as Fraud on the Court through collusion of BANK OF AMERICA CORPORATION, California Judge PETER MEEKA, Clerk of the Court JOHN A CLARKE, and Attorney MARK ASDOURIAN, denying Lomas due process and access to an honest court.

Now, Lomas has requested BofA's President BRIAN MOYNIHAN to name its Attorney of Record, if any, in the case. [[i]]

Fraud by financial institutions in the state and US courts through appearances by unauthorized attorneys “with no communications with clients” clause has been going on for years - with the full knowledge of the courts and law enforcement - but with no consequences to the perps. The unauthorized attorneys engage in fraud in the courts, while the clients are provided deniability for the criminal conduct. This type of fraud was best described in the 2008 Memorandum Opinion by the Hon Jeff Bohm from the US Bankruptcy Court in Texas, based on a yearlong study of the litigation practices of Countrywide in courts across the United States. [[ii]]

The evidence indicates that Bank of America and Attorney Mark Asdourian are involved in such fraud in the case of Lomas v Bank of America in the Los Angeles Superior Court as well: [[iii]]
* Attorney Mark Asdourian appears in the case for BofA, while refusing to provide certificate of Attorney of Record.
* Attorney Asdourian has filed false and deliberately misleading banking records as "Request for Judicial Notice", which was granted by Judge Peter Meeka.
* No declaration or any other record signed by Bank of America authorized person was ever filed in the case.
This type of fraud is contrary not only to the law, but also to the Bank of America Code of Ethics and Outside Counsel Procedures, which prohibit appearances by unauthorized attorneys and obstructionist conduct in litigation. [[iv]]

Brian Moynihan, today President of Bank of America, is readily familiar with this type of fraud from his tenure as General Counsel of Bank of America. The evidence was previously provided to the US Congress, to SEC, to the Controller of the Currency, to FBI, and to the US Attorneys Office: [[v]]
* Appearances of unauthorized attorneys were widely practiced by Countrywide;
* Following the January 8, 2008 publication of Countrywide's fraud in the US Court in Pennsylvania, the bank collapsed;
* Following the July 1, 2008 takeover of Countrywide by Bank of America, under the tenure of Timothy Mayopoulos as General Counsel, such practices were brought to a halt, and
* Within 24 hours of the December 10, 2008 ouster of Mayopoulos and his replacement by Brian Moynihan, such practices were resumed.

The evidence of fraud in conduct of Judge Meeka and Clerk John Clarke in the case of Lomas v Bank of America has been continuously growing: [[vi]]
* Judge Meeka refuses to provide a statement on the record regarding financial benefits to him, if any, by Bank of America, and issued false “minutes” instead.
* Judge Meeka refuses to accord Plaintiff Lomas due process notice and service of minutes and access to court records.
* None of the minutes were certified by the Deputy Clerk of the Court;
* None of the minutes were noticed and served by the Court;
* Multiple proceedings were secretly listed in the minutes as "off of the record";
* No Initial Case Management Conference was ever held;
* Plaintiff has been repeatedly denied access to the Register of Actions (California civil docket), where the true registration of the proceedings (or lack thereof) would be discerned;
* An invalid online "Case Summary" is published by the Court, which would lead a naive reader to conclude that valid and effectual proceedings have been held and rulings have been entered by the court.

Ongoing refusal of the US Government to subject Bank of America to the rule of law, combined with “corruption of the courts and the legal profession” [[vii]] undermine the US financial systems and violate the US obligations in international banking accords and Human Rights conventions.
[i] 11-04-12 Lomas v BofA (KC059379) Brian Moynihan and General Counsel of BofA are asked to disclose Attorney of Record
[ii] 11-04-09 Loopholes for Criminality in the State and US Courts – False Appearances by Unauthorized Attorneys
[iii] 11-03-31 Lomas v Bank of America (KC059379) Request and Response for Certification of Authority as Attorney of Record
[iv] 09-01-27 Bank of America Code of Ethics
08-12-11 Bank of America - Outside Counsel Procedures
[v] 10-05-05 Countrywide, Bank of America [NYSE:BAC], and its President Brian Moynihan - Compilation of Records - Evidence of Racketeering
[2] 10-05-05 Chairs of US Congress Committees of the Judiciary and Banking Are Requested to Join Senator Feinstein's Inquiries on Comptroller of the Currency
[3] 10-07-06 Complaint Filed with US Attorney Office Los Angeles Against Moynihan Bank of America [NYSE:BAC], Bryan Cave LLP, Alleging Racketeering
[4] 10-07-06 Complaint Filed with US Attorney Office, Los Angeles, against Brian Moynihan, Bank of America [NYSE:BAC], Bryan Cave LLP, Alleging Racketeering and Large Scale Financial Institution Fraud
[vi] 11-03-20 PRESS RELEASE Lomas v Bank of America (KC059379) Bank of America Continues Racketeering in the Los Angeles Superior Court
11-03-20 Lomas v Bank of America (KC059379) in the Superior Court of California County of Los Angeles online “Case Summary” and Minutes
11-04-05 Lomas v Bank of America (KC059379) in the Superior Court of California, County of Los Angeles – Fraud on the Court in a Quiet Title Action
11-04-06 Lomas v Bank of America (KC059379) “Request[s] for Judicial Notice”- Additional Evidence of Fraud on the Court in Foreclosure Procedure
11-04-07 Press Release: Lomas v BofA (KC059379) – Judge Meeka is Requested to Restore Due Process, Declare Any Benefits from BofA
11-03-31 Lomas v Bank of America (KC059379) Request and Response for Certification of Authority as Attorney of Record
11-04-08 Lomas v Bank of America (KC059379): Ex Parte Applications for Due Process and for a Statement by California Judge Peter J Meeka Regarding Financial Benefits to Him by Bank of America
11-04-12 PRESS RELEASE: California Judge Peter Meeka Refuses to Disclose Financial Benefits to Him by Bank of America, Accord Due Process
[vii] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report, with reference to "corruption of the courts and the legal profession".
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