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: 2011.01.10
22:57:21 +02'00'
Scribd: http://www.scribd.com/Human_Rights_Alert

11-01-10 Request for investigation/impeachment proceedings, in re: US Judge JED RAKOFF

and Clerk RUBY KRAJICK, US District Court, Southern District of New York,
Conduct of Securities and Exchange Committee v Bank of America Corporation
(1:09-cv-06829)
The Honorable Lamar Smith, Chair
US House Committee on the Judiciary
2138 Rayburn House Office Building
Washington, DC 20515
Fax: 202-225-8628
The Honorable Patrick Leahy, Chair
US Senate Committee on the Judiciary
433 Russell Office Building
Washington DC 20510
Fax: 202-224-3479
The Honorable Spencer Bachus, Chair
US House Committee on Financial Services
2129 Rayburn House Office Building
Fax: 202-225-2082
The Honorable Christopher Dodd, Chair
US Senate Committee on Banking, Housing & Urban Affairs
534 Dirksen Senate Office Building
Washington, D.C. 20510
F: (202) 224-5137

The Honorable David Dreier, Chair

U.S. House of Representatives
H-312 The Capitol
Washington, D.C. 20515
FAX: (202) 225-6763
EMAIL: Rules.Rs@mail.house.gov
By fax, and email

Dear Congressmen Bachus, Dodd, Dreier, Leahy, and Smith:

Please accept instant notice and the new records, outlined and linked below, as a repeat request for
initiating investigation, and where appropriate impeachment proceedings, pursuant to Section 4
of Article Two of the United States Constitution, against US Judge JED SAUL RAKOFF and Clerk
RUBY KRAJICK. The request originates in their conduct of Securities and Exchange Committee v
Bank of America Corporation (1:09-cv-06829) in the US District Court, Southern District of New York.
1. The underlying matters involve alleged criminality by Bank of America and senior corporate and
US Government officers.
The litigation originated from events surrounding the merger of Merrill Lynch and Bank of America
Corporation:
• The wrongful coercion of the merger by senior US Government officers;
• Taking of ~$5 billion in bonuses by banking executives, while providing stockholders and SEC false and
deliberately misleading reports, and
z Page 2/5 January 10, 2011

• The ouster of the then Bank of America General Counsel Timothy Mayopoulos in the midst of the
merger negotiations, and his replacement by BRIAN MOYNIHAN, today Bank of America President, in
order to facilitate such conduct.
The matter involved alleged criminality by current and former senior Bank of America and US Government
officers, including, but not limited to, Chairman of the Federal Reserve BEN BERNANKE. Such alleged
criminality was documented in records, previously submitted to the US Congress by the then New York
State Attorney General Andrew Cuomo. [ i ] Additional evidence of the alleged criminality was provided in
complaints to SEC and the US Controller of the Currency.[ ii ] Further evidence was also filed as an affidavit
under SEC v Bank of America Corporation, but was never docketed by the court. [ iii ]
Therefore, the matter should be deemed of the highest public policy significance.
2. New records are provided to the US Congress as evidence in instant notice
Instant notice provides additional evidence, derived from FOIA-responses by SEC.
a) 10-09-09 RE: SEC v Bank of America Corporation (1:09-cv-06829) - SEC FOIA Response No.
10-03964-FOIA [ iv ] – including:
• The September 21, 2009 letter, as evidence of service of the complaint, but not summons,
and
• Invalid unsigned summons upon Bank of America Corporation, as summons issued by clerk.
As previously noted: [iv]
• The PACER docket of the Court failed to include the summons as issued by clerk, in
apparent violation of the Federal Rules of Civil Procedures.
• The office of Clerk RUBY KRAJICK also refused to permit access to the summons, to
inspect and to copy, in apparent violation of First Amendment rights.
• Judge JED RAKOFF failed to dismiss the complaint following failure to execute service of
the summons within the time prescribed by law, in apparent violation of the Federal Rules of
Civil Procedure.
The records now obtained from SEC show that no valid summons was ever issued, and no
service of valid summons was ever executed in the case.
b) 10-12-17 RE: SEC v Bank of America Corporation (1:09-cv-06829) - SEC FOIA Response No.
11-01069-FOIA: [ v ]
• Again referring to the unsigned summons, provided in SEC FOIA Response No. 10-03964-
FOIA, as the only record responsive on the request for a copy of the summons as issued by
clerk.
c) 11-01-07 RE: SEC v Bank of America Corporation (1:09-cv-06829) - SEC's FOIA Response No.
11-01069-FOIA [ vi ] – again explaining:
• That there were no records responsive on the request for records of service/waiver of
summons, other than the September 21, 2009 letter provided in Response No. 10-03964-
FOIA;
• That there were no records of the unrecorded minutes, and
• That there were no records of the off the record proceedings in the case.
Therefore, the new records, derived through SEC FOIA-responses, provide material new evidence in
this matter.
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3. The new records fully support the allegations of Fraud on the Court by US Judge JED RAKOFF
and Clerk RUBY KRAJICK, stated in the initial requests for impeachment.
The conduct of US Judge JED SAUL RAKOFF is alleged as violation of his Oath of Office, including,
but not limited to, obstruction of justice, perversion of justice, adulteration of court records, and/or fraud
on the court: [ vii , viii , ix ]
• Appearance as a Presiding Judge with no Assignment Order and with no authority in the litigation
referenced above;
• Conducting proceedings with no recorded minutes;
• Conducting off the record proceedings;
• Issuing rulings and orders on motions, which were never docketed;
• Conducting the entire litigation in alleged violation of the Federal Rules of Civil Procedure.
The conduct of Clerk RUBY KRAJICK is alleged as violation of her Oath of Office, including, but not
limited to, denial of public access to court records, deprivation of rights under the color of law, misprision of
felonies, and/or fraud on the court: [vii,viii,ix]
• Permitting the construction of a false and deliberately misleading PACER docket in the case by
unauthorized court personnel, and
• Denial of access to the summons and to the electronic certificates of authentication/attestation (NEFs
Notices of Electronic Filing) of minutes, orders, and the judgments.
The new records, now brought to your attention, fully support such allegations against US Judge JED
RAKOFF and Clerk RUBY KRAJICK, relative to the conduct of the invalid litigation under SEC v Bank of
America Corporation.
4. Further evidence of the Fraud on the Court by US Judge JED RAKOFF and Clerk RUBY
KRAJICK is likely to be found, once the electronic certificates of authentication/attestation by the
Clerk (NEFs – Notices of Electronic Filing) are discovered.
Relative to the electronic certificates of authentication/attestation by the Clerk (NEFs), The SEC's FOIA
Response No. 10-03964-FOIA [iii] states:
With respect to the remainder of your request related to
Notices of Electronic Filing generated by the United States
District Court for the Southern District of New York, please
be advised that these documents are not agency records under
the FOIA.
As detailed in report of the litigation and the request for impeachment of Clerk RUBY KRAJICK, [vii,ix] the
office of Clerk RUBY KRAJICK has so far refused to permit access to the NEFs, in apparent violation of
First Amendment rights.
Upon information and belief, it is further alleged that upon investigation and discovery it would be found that
no valid NEFs were issued for any minutes, pre-judgment orders, or the judgment in the case.
Therefore, it is alleged that US Judge JED RAKOFF and Clerk RUBY KRAJICK colluded in the issuance of
null and void orders and judgment. Furthermore, the same orders and judgment were published in a false and
deliberately misleading PACER docket in a manner that such orders and judgment would appear to the
public as valid and effectual judicial records.
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5. Conclusion
Overall, the new records, derived from SEC’s FOIA responses confirm the conduct of litigation out of
compliance with the US law, and the tight linkage between conduct of the US courts and failing Banking
Regulation in the United States. Furthermore, it is claimed that unless the US Congress addresses the
conduct of the US Courts in such matters, there is no chance of restoring effective and honest banking
regulation in the United States.
Therefore, there is no need for a WikiLeaks release in this matter, abundant reliable evidence already
exists of criminality by Bank of America Corporation and its senior officers, and cover-up of the same
by the US Court.
Your attention to these matters is kindly requested. In case additional information would be needed in
the course of investigations, beyond that which is provided in the attached and linked reports, I would be
happy to provide any help possible.
Dated: January 10, 2011
Joseph Zernik

By: Joseph Zernik, PhD

Human Rights Alert (NGO)
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice
systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuses
on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in
the United States.

http://www.scribd.com/Human_Rights_Alert
http://inproperinla.blogspot.com/
http://human-rights-alert.blogspot.com/
http://www.liveleak.com/user/jz12345

CC:
1) Basel Accords Committee
2) Various National Central Banks
3) United Nations Human Rights Council
Working Group on the 2010 Universal Periodic Review of Human Rights in the United States.

LINKS
i
09-04-23 RE: SEC v BAC (1:09-cv-06829) - State of New York Attorney General Andrew Cuomo Letter to US Congress and analysts'
responses:
Hhttp://www.scribd.com/doc/41079990/H
ii
10-06-11 Complaints Filed with Office of Comptroller of the Currency and SEC against Countrywide, Bank of America (NYSE:BAC),
and Brian Moynihan - alleging fraud and extortion on Dr Zernik, fraud on shareholders, on banking regulators, and on the US taxpayer
Hhttp://www.scribd.com/doc/32907453/
iii
09-09-09 SEC v Bank of America Corporation (1:09-cv-06829) Dr Joseph Zernik’s Affidavit and Appendices in opposition to
settlement-then-pending-before the court
Hhttp://www.scribd.com/doc/26910915/H
iv
10-09-09 SEC FOIA Response No. 10-03964-FOIA RE: SEC v Bank of America Corporation (1:09-cv-06829) – a) September 21,
2009 letter evidencing service of the complaint upon Bank of America Corporation, and b) unsigned summons as the record of
summons issued by clerk and summons as served
Hhttp://www.scribd.com/doc/46608559/
v
10-12-17 SEC FOIA Response No. 11-01069-FOIA RE: SEC v Bank of America Corporation (1:09-cv-06829) – again referring to the
unsigned summons in SEC FOIA Response No. 10-03964-FOIA as the record of summons as issued by clerk
Hhttp://www.scribd.com/doc/45502385/
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vi
11-01-07 RE: SEC v Bank of America Corporation (1:09-cv-06829) - SEC's FOIA Additional Response No. 11-01069-FOIA –
clarifying that there are no records of a) the service/waiver of the summons as to Bank of America Corporation, b) the unrecorded
minutes, c) the off the record proceedings.
Hhttp://www.scribd.com/doc/46553546/
vii
Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - Pretense Litigation and Pretense
Banking Regulation in the United States
Hhttp://www.scribd.com/doc/44663232/H
viii
10-12-04 RE: US Judges JED RAKOFF, VIRGINIA PHILLIPS, JOHN WALTER, US Magistrate CARLA WOEHRLE -
Request for Investigation, Impeachment Proceedings Where Appropriate
Hhttp://www.scribd.com/doc/44669382/H
ix
10-12-08 RE: Securities and Exchange Commission v Bank of America Corporation(1:09-cv-06829) - Request for
Investigation, Impeachment of RUBY KRAJICK, Clerk of the Court, US District Court, Southern District of New York
Hhttp://www.scribd.com/doc/44908376/H