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MOHAN A. HARIHAR, )
)
Plaintiff/Appellant, )
) Case No. 17-1381
v. )
)
US BANK, et al )
)
Defendants/Appellees. )
The Appellant, Mohan A. Harihar, filed with this Court a Docketing Statement on May 2,
2017, even though he was not required to do so as a pro se litigant. There are a number of
complex legal issues which must be addressed in this appeal. Some of these very serious issues
include (but are not limited to): Treason, Fraud on the Court, Judicial Misconduct, and
Economic Espionage. They also include civil and criminal claims believed to impact precedent,
potentially matters of National Security, and involve parties representing both the
Commonwealth of Massachusetts, and the United States. The Court is aware that official
requests have been filed with the Executive branch of government, requesting: 1. the
opening of a full criminal investigation.1 While the efforts to secure the assistance of counsel
1
Referenced requests to assign a federal/special prosecutor, assemble a grand jury, and initiate a
full criminal investigation were delivered via certified mail to: President Donald J. Trump, and
US Attorney General Jeff Sessions. Parties additionally informed include: The Judicial Council
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are still pending, the Appellant found it appropriate to file a Docketing Statement, to better
inform the Court of these serious issues. Now, the Appellant finds it necessary to file this
REPLY to the Response/Notice of inaccuracies in his docketing statement, filed May 10, 2017:
A. Timeliness of Appeal The Appellant clarifies that there are three (3) motions, not two
(2) as suggested by opposing counsel, which have been filed since the judgment entered
1. Waiver of Fees (IFP) filed in the District Court on April 20, 2017, and is still
pending;
2. Request for assistance with the appointment of counsel filed with this Court
IF the Appellant has misinterpreted the definition of post-judgement motions which toll
time, it further underscores reasons for the Court to assist with the appointment of
counsel.
evidence supporting judicial misconduct (now under review before the Judicial
Council of the First Circuit) impacts jurisdiction in the lower court. Once validated
of the First Circuit, The US Inspector General, The House Judiciary Committee, Governor
Charles Baker (R-MA), and the Federal Bureau of Investigation (FBI).
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by the Judicial Council, the judgement entered on March 31, 2017 will be
considered VOID, along with ALL related orders issued prior to dismissal. That
includes the April 27, 2016 dismissal order of Fialkow and Patterson. For nearly
one (1) year, the record will clearly show that NO Defendant/ Appellee has
misconduct and fraud on the court claims (Judicial AND Defendant). Therefore,
stricken from the record. The Appellant respectfully requests that the Court caution
state that they DO NOT BELIEVE there to be other related cases involving foreclosure
or allegations similar to this case. The Appellant respectfully disagrees. Such a statement
shows a continued pattern of corrupt conduct, and the clear intention to purposefully
mislead and deceive this Court. According to their response, Appellees/Defendants are
collectively unaware of the 2008 US Foreclosure Crisis, resulting damages caused, and
ANY related litigation. Their sworn statement shows cause to bring charges of perjury,
AND either expand upon, or add new - Fraud on the Court claims against ALL
Appellants/Defendants.
Now, to put this in full perspective and to understand the gravity of the Defendants/
homeowners including the Appellant, received less than $2,000 from that
Fargo NA and US Bank NA. Here, the DOJ and Commonwealth identified
Harmon Law Offices PC, for wrongful foreclosure and eviction practices.
address the enormity of clouded title issues (as referenced in the lower Court
Docket).
NOW, under penalties of perjury, the Commonwealth and former AG Coakley state that they
DO NOT BELIEVE there to be other related cases involving foreclosure or allegations similar
to this case. By doing so, the Appellant shows just cause to expand upon existing Fraud on
2
Reference the February 9, 2012 press release from the www.mass.gov website.
3
Reference - Commonwealth of Massachusetts v. Bank of America et al Docket No, 11-
4363.
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2. Bank Appellees, Wells Fargo NA and US Bank NA Are two (2) of the major
US Lenders identified by the DOJ, tied to 4.2M related illegal foreclosures. The
Plaintiff lists a few case examples here in this reply (see below) and within the
docket of the lower court. Upon securing counsel, and once aligned with the
related cases involving foreclosure or allegations similar to this case, will more
NOW, under penalties of perjury, Bank Appellees Wells Fargo NA and US Bank NA state
that they DO NOT BELIEVE there to be other related cases involving foreclosure or allegations
similar to this case. By doing so, the Appellant shows just cause to expand upon existing
Fraud on the Court claims against Appellees Wells Fargo NA and US Bank NA.
foreclosure and eviction practices, and has been definitively tied to disbarred Florida
Appellee US Bank NA just days after being informed by the Appellant of pending
NOW, under penalties of perjury, Appellee Harmon Law Offices PC state that they DO
NOT BELIEVE there to be other related cases involving foreclosure or allegations similar to
this case. By doing so, the Appellant shows just cause to expand upon existing Fraud on the
4. Nelson Mullins LLP and Peter Haley, David E. Fialkow, and Jeffrey S.
Patterson Nelson Mullins was the second tier law firm, replacing Harmon in
litigation against the Appellant. They are well known for representing lenders in
foreclosure litigation up and down the east coast of the United States. Peter Haley
serves as the managing partner of the firms Boston Office. David Fialkow and
Jeffrey Patterson reported to Haley and were the representing attorneys following
NA and US Bank NA just days after being informed by the Appellant of pending
civil and criminally complaints being brought against them. Upon withdrawal, both
Fialkow and Patterson either left on their own, or were released from Nelson
Nelson Mullins co-authoring and teaching (with the assistance of the Massachusetts
LegalEd Course After the Bubble Bursts4, where a portion of the courses
This program will focus on criminal and regulatory issues emerging from the
collapse of the national real estate and secondary mortgage markets. Among the
mortgages prior to the collapse, and the priorities of state and federal authorities
Attorneys Office;
Scarborough LLP;
4See Exhibit A, which provides further detail of the referenced course, After the Bubble
Bursts.
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NOW, under penalties of perjury, Nelson Mullins LLP, Peter Haley, David E. Fialkow and
Jeffrey S. Patterson state that they DO NOT BELIEVE there to be other related cases involving
foreclosure or allegations similar to this case. By doing so, the Appellant shows just cause to
expand upon existing Fraud on the Court claims against these Appellees/Defendants.
which is just one of MANY related cases that involve this specific trust), CMLTI
2006 AR-1 and ALL mortgages contained within, are considered void/invalid,
including the Appellants mortgage, and many of which may not have been
NOW, under penalties of perjury, CMLTI 2006 AR-1 states that they DO NOT BELIEVE
there to be other related cases involving foreclosure or allegations similar to this case. By doing
so, the Appellant shows just cause to expand upon existing Fraud on the Court claims
the Dahers (as Brokers) and Isabelle Perkins (Licensed to teach real estate in MA),
these parties are certainly aware of the Nations Foreclosure Crisis and illegal
Americans, for that matter) have never heard of other related cases including (but not
limited to) the referenced $25B Mortgage Foreclosure settlement. Furthermore, the
Appellant forewarned these parties of the legal risks associated with the referenced
foreclosure and the Nations foreclosure crisis. The Appellees chose to ignore these
warnings.
NOW, under penalties of perjury, Ken Daher, Mary Daher, Jeffrey Perkins, and Isabelle
Perkins ALL state that they DO NOT BELIEVE there to be other related cases involving
foreclosure or allegations similar to this case. By doing so, the Appellant shows just cause to
expand upon existing Fraud on the Court claims against these Appellees/Defendants.
The lower court docket will definitively show a number of referenced cases related to this case,
some of which involve the Appellees/Defendants themselves.5 These case references include
believed to be the case reference associated with the historic $25B settlement of the
Justice AND the Massachusetts Office of the Attorney General identified the
5
For example, reference Document No. 117, filed July 3, 2016 in the US District Court.
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servicers including Appellees Wells Fargo NA and US Bank NA. This case
4363 and includes Appellee Wells Fargo NA. Elements of this case included
homeowners.
JFA, (US District Court, Western District of North Carolina), which includes the
of New York, dated April 8, 2016. Here, the Defendant Wells Fargo NA has
(DOJ).
6
Lynn Syzmoniak is also referenced as identifying misconduct associated with Appellee
RMBS Trust CMLTI 2006 AR-1 rendering ALL mortgages associated with it (Including the
Appellants referenced mortgage) as VOID.
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6. Corvello v. Wells Fargo Bank NA et al - 9th U.S. Circuit Court of Appeals, No.
11-16234.
7. Wigod v. Wells Fargo Bank, N.A. - United States Court of Appeals, Seventh
This sample of case references from the lower court docket should satisfactorily justify and
provide clarification to the Appellants filed Docketing Statement. It should also reveal the
collective INTENT by these Appellees/Defendants to grossly mislead and deceive this Court.
F. Adverse Parties to the Appeal The Appellant has clearly articulated, both in the lower
court and also in his Judicial Misconduct Petition, a list of reasons which have irrefutably
disqualified Judge Burroughs from ruling in the referenced litigation. Once the judges
law is:
2. That ALL related orders issued by Judge Burroughs will ALSO be considered
VOID. That includes the April 27, 2016 dismissal order of Fialkow and
Appellees here.
The Appellant restates, that since raising these allegations from nearly a year ago,
neither Fialkow, Patterson, nor ANY Appellee has questioned, challenged, or opposed a
conclusion.
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This Court SHOULD recognize that it is the Appellant who has given an accurate
portrayal of events, and litigants involved. Based on this latest effort to deceive and
mislead the Court, it is the Appellants intention to now bring a new and/or expanded
claim of Fraud on the Court against ALL Appellees, including David E. Fialkow
and Jeffrey S. Patterson, pursuant to FRCP 60(b). The Appellant respectfully requests
that the Court assess any additional penalties against the Appellees it deems appropriate.
Finally, the Appellant states for the record that he fully expects the Judicial Council will
uphold the law and validate the Appellants judicial misconduct claims. There is also
clear expectation that the Executive Branch of the United States government will next
appoint either a federal or special prosecutor, assemble a grand jury, and start a full
Due to the severity of these civil and criminal claims, and also concerns for personal
safety and security, copies of this filed REPLY are sent via certified mail to: The
Executive Office of the President (EOP), the US Inspector General Michael Horowitz,
US Attorney General Jeff Sessions, the House Judiciary Committee, and to the Federal
Bureau of Investigation (FBI). A copy will also be made available to the Public.
Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
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EXHIBIT A
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CERTIFICATE OF SERVICE
I hereby certify that on May 15, 2017 I electronically filed the foregoing with the Clerk of Court
using the CM/ECF System, which will send notice of such filing to the following registered
CM/ECF users:
Jeffrey B. Loeb
David Glod
David E. Fialkow
Kevin Patrick Polansky
Matthew T. Murphy
Kurt R. McHugh
Jesse M. Boodoo
Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com