December 22, 2014

Jessie Kornberg, President & CEO

Bet Tzedek

3250 Wilshire Blvd., 13th Floor
Los Angeles, CA 90010
Phone: (323) 939-0506, Fax: (213) 471-4568

Email: [email protected]

By fax and by email

RE: Request for compensation by Bet Tzedek

Your response within 30 days is kindly requested.

Dear Attorney Kornberg:

Congratulations on your recent appointment as President and CEO of Bet Tzedek.

Following the change of leadership in Bet Tzedek, I write to request compensation from Bet Tzedek for wrongs perpetrated against me by Bet Tzedek current and former officers under the leadership of Mr Sandor Samuels – former Bet Tzedek President and CEO, former Countrywide Financial Corporation Chief Legal Officer, and former Bank of America Associate General Counsel. Other Bet Tzedek officers involved in such wrongs include Mr David Pasternak – current Bet Tzedek Board Member and former Bet Tzedek President, and Mr Terry Friedman – current Bet Tzedek Board Member and former Bet Tzedek Executive Director.

In part, such wrongs were perpetrated on Bet Tzedek premises in relationship to Bet Tzedek’s advertised charitable legal activity.

My request is also written in the wake of the recent record settlement of Bank of America, Countrywide’s successor, pertaining to fraud in Countrywide business practices, and the related recent large awards to Countrywide whistle-blowers, which reaffirm my claims. [1,2]

The overarching underlying issue is conduct of Bet Tzedek – the Los Angeles “House of Justice” – in particular, and in general, conduct of the organized Jewish and legal community in Los Angeles – “the epicenter of the epidemic of real-estate and mortgage fraud” – vis a vis the financial crisis.

Points of interest

The case provides unique documentation of fundamental issues related to the origins of the current financial, to the justice system in Los Angeles County and beyond. The most interesting part of the records pertains to the period prior to Countrywide’s collapse in January 2008:

• The basic scheme of straw-buyer, purchase failed, combined with simulated real-estate litigation for “Specific Performance” in the Los Angeles Superior Court, [¹] was employed already in the late 1990s in Los Angeles, with some of the same key figures, including former Los Angeles Bar Association President, former Bet Tzedek President, current Bet Tzedek Board Member David Pasternak.

• The scheme of straw-buyer, combined with fraudulent sub-prime loans from Countrywide Home Loans was already in place in 2004. The records of Ms Nivie Samaan’s Uniform Residential Loan Applications (1003) (a total of 4) to Countrywide Home Loans, together with the respective Countrywide underwriting records, which were obtained through discovery, documented the fraudulent underwriting process in Countrywide already in January 2007, identified those involved in the San Rafael branch, in the Corporate Underwriting office, and also documented the involvement of Countrywide President Angelo Mozilo and Chief Legal Officer Sandor Samuels.

• The highest ranking officers in Federal Trade Commission, Thrift Supervision, SEC, FBI, US Department of Justice were colluding with Countrywide in covering up such large-scale fraudulent underwriting practices years before Countrywide’s collapse. On the other hand, already in the early 2000s, FBI reports identified Los Angeles County as the “epicenter of the epidemic of real-estate and mortgage fraud”.

• Judges of the Los Angeles Superior Court and large number of Los Angeles attorneys, including leading law-firms, were tightly involved in Countrywide’s mortgage and real-estate schemes. Key figure in the Los Angeles Superior Court in this matter was Judge (since retired) Jacqueline Connor. Judge Connor was also a key figure in the Rampart scandal (1998-2000). Government and independent Rampart scandal reports point out that judges of the Los Angeles Superior Court should have been held accountable for conduct of the LAPD uncovered in the scandal. However, no significant effort has ever been made to reform the Court. The records in instant matter provide evidence that figures like Judge Connor, who a decade or two earlier were deeply involved in the Rampart scandal, originating in wholesale cocaine trading by LAPD undercover narcotics officers, were deeply involved in banking and real-estate fraud by Countrywide and others by the early 2000s.

The records from the period after Countrywide’s January 2008 collapse also provide important insights:

• Following the 2008 merger of Countywide and Bank of America, Mr Samuels was appointed Associate General Counsel of Bank of America. Following the merger, and as long as General Counsel Timothy Mayopoulos was in office, all harassment, intimidation and retaliation actions against me ceased. However, within 24 hours of the much investigated dismissal of Mr Mayopoulos and his replacement by General Counsel Brian Moynihan (today Bank of America President and CEO) such conduct resumed.

Brief Chronology

In 2004, wrongs started with a straw-buyer attempt to purchase my property at 320 South Peck Drive, Beverly Hills, then offered for sale. The straw-buyer was Ms Nivie Samaan. Records, discovered much later, showed her lack of qualification. Her fabulously fraudulent loan applications stated that her source of funds was a business engaged in the online sale of Tarot cards, crystal balls, and divining rods… The transaction was to be financed by Countrywide Home Loans, a subsidiary of Countrywide Financial Corporation, through the fraudulent funding of government-backed residential mortgage loans.

The scheme was the brainchild of Mr Jay Arre Lloyd (formerly Timothy Lloyd Morrow), then a “Loan Originator” for Countrywide Financial Corporation, and later Ms Samaan’s husband. Upon information and belief, Mr Lloyd was then also a convicted felon on financial crimes (embezzlement of ERISA funds) at Skyline Funding, Inc, where he had been a senior officer. Today JR Lloyd is President & CEO of the Beverly Hills Capital Group.

However, the straw-purchase scheme failed, since the preposterous fraud in the respective loan applications was immediately detected by Ms Diane Frazier, then Senior Underwriter in the Countrywide Home Loans San Rafael branch. As I found out much later, Ms Frazier suffered serious retaliation for her honest conduct in this matter.

From 2005-2010, such wrongs continued through simulated court actions by Ms Samaan against me. The cause of action was “Specific Performance” of a contract that was never filed by the Plaintiff in court, a classic case of Statute of Frauds… The preposterous claims were elaborated only much later – that I had caused Ms Samaan’s failure to obtain her mortgage loans from Countrywide.

Initially, Countrywide was not a party to the case at all. I had no business relationship with Countrywide, and did not even recognize the name “Countrywide” until late 2006. However, later I discovered that on the opening page of the electronic Register of Actions (California docket) of the case in Sustain (IT system of the Los Angeles Superior Court), Judge Jacqueline Connor secretly and wrongfully listed Countrywide – “Real Parties in Interest”.

Mr Sandor Samuels, then President and CEO of Bet Tzedek, doubled at the time as Chief Legal Officer of Countrywide Financial Corporation. On the Bet Tzedek web site he was described as holding the responsibility for all legal matters in Countrywide.

Moreover, at that time, Mr Samuels, in his capacity as Bet Tzedek President and CEO, advertised his ongoing “Fraud Buster” campaign against housing and mortgage fraud, conducted in churches and synagogues throughout Southern California.

Furthermore, when I tried to seek help against such fraud from local Los Angeles agencies, I was informed that Bet Tzedek was delegated by such agencies the responsibility for handling complaints, pertaining to housing and real estate fraud.

Then and now, Bet Tzedek also advertises housing fraud as one of its areas of expertise.

Key event in this ordeal took place in June 2007 in the Bet Tzedek office on Fairfax Avenue in Los Angeles. By that time I discovered that Countywide and its Legal Department were behind the fraud being perpetrated against me. Given Bet Tzedek’s and Mr Samuels’ then ongoing “Fraud Buster” campaign, and following the referral by local Los Angeles agencies, I filed in the Bet Tzedek office a request for help, personally addressed to Mr Samuels in his capacity as President and CEO of Bet Tzedek. Mr Samuels was asked to help in stopping the fraud, being perpetrated against me by Countrywide and its Legal Department.

Within 24 hours, the entire Bet Tzedek web site was down. When it came up again a few days later, there was neither mention of Mr Samuels’ “Fraud Buster” campaign, nor of Mr Samuels himself on the Bet Tzedek web site.

However, a few days later, Countrywide and Mr Samuels launched a harassment, intimidation, and retaliations campaign against me. The law-firm of Bryan Cave LLP started appearing in the court case initiated by Ms Samaan. Attorneys from Bryan Cave LLP purportedly appeared in court on behalf of Countrywide, while lacking authority as Counsel of Record in the case.

The “unethical” appearance of unauthorized counsel, often with “no communications with client” clause, was a routine practice of Countrywide’s Legal Department in courts throughout the Untied States under Mr Samuels’ leadership, as was later fully documented elsewhere. [3]

Brian Cave, LLP, filed papers in court on behalf of Countrywide under ever changing false party designations – “Plaintiff”, “Defendant”, “Intervenor”, and others, all without any legal foundation. Brian Cave LLP also filed in court a paper on behalf of Mr Samuels himself under the false party designation – “Person In Interest”.

The “unethical” filing of false records in court by Countrywide’s outside attorneys was later the immediate direct cause of Countrywide’s collapse – one of the key opening events in the current financial crisis. [4]

Former President of the Los Angeles Bar Association, former Bet Tzedek President, then and now Bet Tzedek Board Member David Pasternak and former Bet Tzedek Executive Director, now Bet Tzedek Board Member Terry Friedman were also key figures in the scheme.

Suffice is to point out the fraud expert opinion, which was issued by veteran FBI agent James Wedick in this mater after reviewing a large volume of Los Angeles Superior court papers in this case. Mr Wedick is probably the most highly acclaimed fraud expert in the United States today, having been decorated by US Congress, by US Attorney General, and by FBI Director. Regarding the Grant Deeds, pertaining to my Beverly Hills property, generated by Mr David Pasternak, Mr Wedick opined “fraud being committed”. [5]

Regardless of fraud expert opinions and mounting credible evidence of such wrongful conduct by Countrywide and others, all local, state, and national agencies refused to accord me equal protection under the law during the years of my ordeal. Even a Congressional Inquiry by Senator Dianne Feinstein on FBI Director and on Director of the US Attorneys’ Office failed to provide any remedy.

A message from Mr Wedick documented contact make with him by FBI to discuss my case, where Mr Wedick tried to convince FBI to duly accord me equal protection. [6] Such communication took place on the very same day that FBI Assistant Director for Criminal Investigations issued a false response on Senator Feinstein’s Inquiry. In such response to Senator Feinstein, FBI falsely claimed that my complaint originated in a foreclosure action.

Later, the Inspector General of US Department of Justice refused to address Senator Feinstein’s Congressional Inquiry, pertaining to the false response by FBI Assistant Director for Criminal Investigations on Senator Feinstein’s original Congressional Inquiry in my case.

Throughout the ordeal, I was unable to obtain honest legal representation in Los Angeles County. Several attorneys, whom I retained, engaged in what should be deemed “unethical” conduct. In one extreme case, a (Jewish) attorney had my signature forged and papers, which I forwarded to him for filing in court, were adulterated, as I discovered upon inspection of the court file. In two other cases (Jewish) attorneys, whom I retained, withdrew from my representation, stating that they were fearful of retaliation against them.

As a result, I was left unrepresented since 2007. I was forced to invest most of my waking hours studying the case, studying the law, and handling the wrongful campaign, which was waged against me under the leadership of Mr Samuels.

Regardless of the fact that I had no legal background, once I studies the matter, I was easily able to detect numerous examples of preposterously wrongful conduct by attorneys and judges in this case, while they were being committed, and often to anticipate their next steps.

Suffice is to say that conduct of the California courts, California attorneys, and justice agencies in this matter was part of the evidence, which was submitted by Human Rights Alert (NGO) to the UN Human Rights Council for the first ever Periodic Review of Human Rights in the United States (2010).The submission was incorporated into the UN Periodic Review Report (2010) with the note: “Corruption of the courts and the legal profession and discrimination by law enforcement in California”. [7]

Conduct of the US courts in related matters is part of the evidence submitted by Human Rights Alert (NGO) for the Periodic Review Human Rights in the United States, scheduled for January 2015. [8]

Harm sustained by me

As a result of the conduct, outlined above, substantial harm was sustained by me, including but are not limited to the following:

• From 2004-2010, I was held hostage by the conduct of current and former Bet Tzedek officers. I was deprived of prime years, which could have been spent with my family and in my business activity.

• From 2004-2010, I had to spend large sums of money and enormous amount of time on futile efforts to gain equal protection under the law. In the process I was placed under tremendous stress, with documented harmful results.

• In 2007 my Beverly Hills property was unlawfully taken under the threat of force, and I was abruptly forced to leave my residence.

• In 2010, still under such retaliation campaign, I finally had to close my business and leave Los Angeles. I had no income ever since.

Request for compensation

Therefore, in accordance with Bet Tzedek’s own motto, “Justice for All”, and with Bet Tzedek’s now formulated Values Statement, “Addressing Injustice”, I request that Bet Tzedek compensate me for the harm resulting from the conduct outlined above.

The organized Los Angeles Jewish and legal communities vis a vis the financial crisis

My story is not unique. Millions of Americans have been impoverished in the ongoing financial crisis through a multitude of variations of the conduct, outlined above. Long-term Bet Tzedek President Sandor Samuels was a key figure in the crisis. And today, Bet Tzedek advertises itself as “one of the nation’s premier poverty law center”…

As one who also happened to be then a member of the Los Angeles Jewish community, and at times also participated in fund-raising for the Jewish Federation of Greater Los Angeles, the rude awakening that I experienced was one of the painful parts of the ordeal.

Throughout those years, leaders of Bet Tzedek, leaders of the Jewish Federation of Greater Los Angeles, leaders of national Jewish organizations (e.g. Anti-Defamation League) were repeatedly informed of the conduct of Bet Tzedek and its senior officers.

Without exception, they failed to respond, and also failed to take any effective corrective action.

Likewise, senior rabbinical figures in Los Angeles and beyond were repeatedly informed of the conduct of Bet Tzedek and its senior officers. Regardless, Mr Samuels continued to be honored through membership on the boards of directors of key Los Angeles Jewish institutions, and Los Angeles rabbis refused to address his conduct, which I was reporting.

Rabbi Michael Lerner was and is a notable exception.

Worse yet, it became apparent that I would not be able to obtain honest legal counsel in this matter, not even from Jewish legal professionals, whom I had known for years through my synagogue membership, and whom I had considered my friends.

Therefore, I hope that your response on my request, would document that conduct, outlined above, was only an aberration, and that the change of guards in Bet Tzedek, an affiliate of the Jewish Federation of Greater Los Angeles, indicates that the organized Los Angeles Jewish community and the Los Angeles legal profession are on a new path.

Final note: A transforming growth experience

My experience in this matter was a transforming life event. It forced me to expand my knowledge in fields, where I had no interest before. Eventually, I founded Human Rights Alert (NGO), and my research on related matters led to my recognition as an expert on human rights, particularly pertaining to banking and legal fraud, and the criminal foundation of the current financial crisis. My writing on such matters has been repeatedly included in UN Human Rights Council reports. [7,9] It was also repeatedly published by media and by peer-reviewed academic journals. In recent years, I have also repeatedly presented on these subjects in international academic conferences. [10] My most significant, original contribution in these fields is probably in the employment of IT system analysis and data-mining as the foundation for human rights reports.

Any funds that I may receive in compensation from Bet Tzedek, would also assist in funding such ongoing activities for the general public good.

I look forward to your timely response.

Truly,

[signed]

Joseph Zernik, PhD

CC:

Bet Tzedek President’s Council

Bet Tzedek Members of the Board

The Jewish Federation of Greater Los Angeles

Rabbis in Los Angeles and beyond

Media

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