The Firm is at the front lines litigating against government officials, banks, defunct loan pools, and now the very offshore entities where the corruption was enabled and perpetrated. -The New York Genesis of the Bankster Enterprise 35 i. In excess of 0 Million Skimmed by the Holder and George Syndicate 36 iii. The Defendants scheme was and continues to be a gigantic international money laundering, "ponzi" and racketeering enterprise in which Defendants - and each of them as set forth herein - deceived, defrauded, stole, laundered, transferred, hypothecated (collectively "ponzi" enterprise) and then increased the level of theft by stealing from the United States of America and injecting into the ponzi enterprise a grand total (including monies stolen from all The words "mortgage" and "deed of trust" are used interchangeably throughout this Complaint. The "loan pool" defendants and the specific Groups identified below (i) organized and directed the Illegal Scheme from, among other places, New York and from the specific New York addresses set forth below; (ii) fed the Ponzi and RICO schemes via the money laundering devices and the theft from the Fed of Trillions of Dollars (more than trillion) through bank accounts ultimately located in New York; (iii) carefully guarded all evidence of the conspiracy - 21 - VERIFIED FIRST AMENDED COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF AND THE APPOINTMENT OF A RECEIVER Case l:12-cv-04269-JBW-RML Document 36 Filed 10/25/12 Page 22 of 414 Pagel D #: 788 set forth herein at addresses set forth herein - and that will be further adduced during discovery - in New York, New York and nowhere else most of them being situated at J. Morgan Chase in New York and wired there through HSBC (the wire transfer enabler) as reported in the anti- terrorism report issued by the United States Senate in July, 2012 and attached hereto as Exhibit B; (iv) drew secret kickbacks (called "skimming") from one of thousands of bank accounts held by the numerous money-laundering, RICO defendants set forth herein for the personal benefit of those persons and their families in power who were able to manipulate the system and conduct such thefts of money. § 1965(b) because, to the extent that any Defendant may reside outside of this district, the entire RICO and money laundering conspiracy depended upon Wall Street in order for it to be implemented and maintained, all master bank accounts tracking the proceeds of the trillion (,000,000,000,000.00) stolen by the Defendants are located in New York city, all remaining paper evidence of the conspiracy and theft and looting of money remains in New York city, and the ends of justice require such Defendants to be brought before this Court. Furthermore, this Court has jurisdiction over each of the non-domiciliary Defendants because each of them transacts business within the State of New York within the meaning of the foregoing statutes and State and Federal law, each of them committed tortious acts inside the State of New York or outside the State of New York causing injury within the State of New York within the meaning of State and Federal law; and/or the Defendants deposited the fruits of the fraud, the evidence of the Defendants' Scheme and their ponzi and RICO enterprises, and/or the ill-gotten gains therefrom, into banks, other like-institutions and/or into hiding places including bank vaults and other secret undercrofts within locations situated in the State of New York. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST SERIES 2006-12 shall be designated as Defendant No. In some instances, those homes are so far upside down that it could take a decade or more for the homeowners to regain a positive position with respect to the value of their homes. This massive fraudulent scheme was a disaster both foreseen by the Defendants as well as waiting to happen. Defendant ALTERNATIVE LOAN TRUST 2005-79CB shall be designated as Defendant No. Case l:12-cv-04269-JBW-RML Document 36-2 Filed 10/25/12 Page 10 of 157 Pagel D #: 1192 130. Defendant ALTERNATIVE LOAN TRUST 2005-80CB shall be designated as Defendant No. The focus of this section is to chronicle the OCC's AML oversight efforts at HBUS and draw from that case history potential lessons regarding OCC examinations of AML controls at a large global bank; how AML problems can accumulate over years despite the OCC's presence, and what can be done to strengthen the OCC's AML oversight. 2) It designates an individual responsible for managing AML compliance. " To help carry out those responsibilities, in 2003, the Secretary established the Executive Office for Terrorist Financing and Financial Crimes, headed by a Deputy Assistant Secretary. Lower ratings, signifying a higher risk institution and a greater threat to the Deposit Insurance Fund, can lead to a higher deposit insurance assessment, " which in turn can affect net income. In addition to safety and soundness examinations, Federal bank regulators also conduct various specialty or secondary examinations targeting particular aspects of the institutions they supervise.
About Spire Law Group Spire Law Group, LLP is a national law firm whose motto is "the public should be protected — at all costs — from corruption in whatever form it presents itself." The Firm is comprised of lawyers nationally with more than 250-years of experience in a span of matters ranging from representing large corporations and wealthy individuals, to also representing the masses. -The Nixonian "Enemies List" of the Obama Administration 33 E. In excess of 0 Million Skimmed by the Tony West/Kamala Harris Syndicate 36 ii. The injury to the business and property of the United States of America, the State of New York and Plaintiffs occurred in New York. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST SERIES 2006-2 shall be designated as Defendant No. In this way, the Defendants would be able to convert money from the Plaintiffs without such Plaintiffs having any idea or knowledge of the dirty and unlawful plot at the time it was being implemented. As early as 2004, the Defendants either knew or should have known that this scheme would cause a liquidity crisis that would devastate the Plaintiffs' home values and net worth. The Defendants did not care, because their plan was based on insider trading - pumping for as long as they could and then dumping before the truth came out and the theft and conversion of money and assets from Plaintiffs as well as the general public were locked in. Couched in banking and securities jargon, the deceptive gamble with consumers' primary assets - their homes - was nothing more than a financial theft and concurrent Ponzi scheme perpetrated by Defendants and their co-conspirators on a scale never before seen. This scheme led directly to a nationwide mortgage meltdown that was substantially worse than any economic problems facing the rest of the United States, thereby causing the failure of numerous lenders. From 2008 to the present, Americans' home values decreased substantially as a direct and proximate result of the Defendants' scheme set forth herein, leaving a large percentage of homeowners "upside down", meaning that they owe more on their - 367 - VERIFIED FIRST AMENDED COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF AND THE APPOINTMENT OF A RECEIVER Case l:12-cv-04269-JBW-RML Document 36 Filed 10/25/12 Page 368 of 414 Pagel D #: 1134 home mortgage loans than their homes are worth. Defendant ALTERNATIVE LOAN TRUST 2005-81 shall be designated as Defendant No. But those corrective actions were narrowly targeted and, instead of improving, the bank's overall AML program deteriorated, resulting in the dramatic failures described in the September 2010 Supervisory Letter. The Bank Secrecy Act (BSA), as amended by the Patriot Act, imposes AML obligations on a designated list of financial institutions operating in the United States to ensure they do not facilitate money laundering or become conduits for terrorist financing. The Bank Secrecy Act mandates that covered financial institutions establish an effective AML program that meets four minimum requirements: 1) It has a system of internal controls to ensure ongoing compliance. As will be demonstrated later in this report, this practice potentially spares the bank from more strenuous criticism from its regulator. " This function is typically performed by a bank's internal audit group or by an outside auditor with AML expertise. In addition to requiring covered financial institutions to establish effective AML programs, Federal AML laws include a number of other statutory requirements, including requiring banks that keep records outside of the United States to produce them within a specified period of time; 1719 to obtain identifying information for persons seeking 1 770 to open or maintain accounts , and requiring appropriate due diligence when opening and 1 79 1 administering accounts for foreign financial institutions or senior foreign political figures. (2) AML Oversight In General The Secretary of the Treasury is the primary Federal regulator charged with enforcing 1 79^ key Federal AML laws. When the FDIC assesses bank insurance fees for a particular institution, it takes into consideration both the CAMELS component ratings and the composite rating.
Weinstein] [Referred to: Magistrate Judge Robert M. The patent applications make undisputed the bad-intentions of the Defendants, because they lay out the money laundering and ponzi schemes with specificity prior to the first dollar being unlawfully taken from any of the Plaintiffs or American citizens. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-16 shall be designated as Defendant No. - 330 - VERIFIED FIRST AMENDED COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF AND THE APPOINTMENT OF A RECEIVER Case l:12-cv-04269-JBW-RML Document 36 Filed 10/25/12 Page 331 of 414 Pagel D #: 1097 2584. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST SERIES 2005-12 shall be designated as Defendant No. All Defendants have - 374 - VERIFIED FIRST AMENDED COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF AND THE APPOINTMENT OF A RECEIVER Case l:12-cv-04269-JBW-RML Document 36 Filed 10/25/12 Page 375 of 414 Pagel D #: 1141 acted in conspiracy with one another appertaining to each and every act set forth in this complaint. Defendant ALTERNATIVE LOAN TRUST 2005-59 shall be designated as Defendant No. " Downgrades to safety and soundness ratings due to problems identified through specialty examinations are not common, however, and are reserved for extreme cases. An examination focusing on AML compliance is considered a specialty examination.Levy] VERIFIED FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF [JURY TRIAL DEMANDED] Case l:12-cv-04269-JBW-RML Document 36 Filed 10/25/12 Page 2 of 414 Pagel D #: 768 GUZMAN, MAGA GUZMAN, MARIA GUZMAN, ALLISON HANSON, JOHN HANSON, THOMAS HERBST, JORGE L. MORGAN MANSART INVESTMENTS, SAPOTORO COOPERATIEF U. They do this schematically in a chart prepared for the benefit of Defendant Bank of America - and filed by Bank of America's lawyers - with the United States Patent and Trademark Office during the last decade. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-15 shall be designated as Defendant No. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-17 shall be designated as Defendant No. FIRST CLAIM FOR RELIEF Conversion (By Plaintiffs 1-310 and 838 against all Defendants; and by Plaintiffs 311-352, 354-673 against all Defendants except 1-4; and by Plaintiff 353 against all Defendants except 1-6; and by Plaintiffs 674-732, 734-803 against all Defendants except 5, 6; and by Plaintiffs 733 against all Defendants except 1-6; and by Plaintiffs 804-837 against all Defendants except 16,17) 2878. Defendant ALTERNATIVE LOAN TRUST 2005-58 shall be designated as Defendant No. Each of the Federal banking agencies has examiners specially trained to conduct AML examinations.GIRARDI, an individual, WALTER LACK, an individual, ERIC GEORGE, an individual, SANDOR SAMUELS, an individual, ALAN ROTHENBERG, an individual, THOMAS LAYTON, an individual, JOHN HOONEN, an individual, DAVID BROCK, an individual, PETER KRAUSE, an individual, MARY ROBERTS, an individual, MEDIA MATTERS, a corporation form unknown, DANIELLE LEE, an individual, JOSEPH DUNN, an individual, JERRY FALK, an individual, DOUGLAS WINTHROP, an individual, KENNETH LEWIS, an individual, TODD TORR, an individual, JEFFREY HUVELLE, an individual, JOSEPH CRUDO, SR., an individual, JOSEPH CRUDO, JR, an individual, MICHAEL BROSNAN, an individual, WILLIAM WARDLAW, an individual, ALAN I. PASTERNAK, an individual, HOWARD MILLER, an individual, SCOTT DREXEL, an individual, 1 ST CENTURY BANK aka FIRST CENTURY BANK, an entity form unknown, FIRST CENTURY BANKSHARES, INC., a Delaware corporation, COUNTRYWIDE FINANCIAL CORPORATION, dba BAC HOME LOANS SERVICING, COUNTRYWIDE HOME LOANS, INC., JP MORGAN CHASE BANK, N. The purchase of intangibles for hundreds of millions of dollars at a time represented just one of dozens of ways that the Defendants "supported and justified" the laundering of money and supporting ponzi schemes attendant thereto. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST shall be designated as Defendant No. All Defendants agreed to work together in the conspiracy and/or joint enterprise described in this Cause of Action as set forth herein. Defendant ALTERNATIVE LOAN TRUST 2005-43 shall be designated as Defendant No. They may result from bank management's unfamiliarity with the governing law, misinterpretation of the requirements, negligence, or willful noncompliance.A., in its own capacity and as an acquirer of certain assets and liabilities of Washington Mutual Bank; CHASE HOME FINANCE, LLC, WELLS FARGO & COMPANY, WELLS FARGO BANK, N. On information and belief, the Defendants and each of them are either (a) the beneficiaries of annuities provided by the Banksters pursuant to this money laundering and ponzi - 28 - VERIFIED FIRST AMENDED COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF AND THE APPOINTMENT OF A RECEIVER Case l:12-cv-04269-JBW-RML Document 36 Filed 10/25/12 Page 29 of 414 Pagel D #: 795 scheme or (b) the enablers of the offshore movement of money as expressly outlined in the patent applications and attendant detailed money laundering schematics or (c) the payors of these annuities, skimming, misappropriating and embezzling off the top huge profits selling derivatives and other instruments supporting the very scheme that they brazenly made public during the last decade whereby they would launder, transfer, hypothecate, re-transfer, convey and fraudulently transfer the proceeds of their fraud, to wit: money and personal financial information of American citizens duped by the ponzi scheme and the fact that their entire lives (literally) were being "pawned" (in the words of one patent) internationally and without any pre- existing disclosure to Plaintiffs or other American citizens victimized by these schemes. There was never an instance when any of the Defendants intended to or did in fact credit a payment of money received by any Plaintiff herein against any amount due and owing under any promissory note signed by any Plaintiff. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST shall be designated as Defendant No. Accordingly, each Defendant, named or unnamed, should be held liable for conspiracy to commit the conversion as alleged in the First Cause of Action. Defendant ALTERNATIVE LOAN TRUST 2005-42CB shall be designated as Defendant No. The more egregious the nature of the violation, the more severe the repercussions may be.BUCKLEY, BONNIE BUCKLEY, STEVE PASION, JANICE PASION, BELINDA KRUMSIEK Plaintiffs, -against- BANK OF AMERICA, N. It is an outrageous and flagrant statement of Bank of America's intention to move the money and personal financial information of millions of Americans overseas irrespective of whether or not it involves mortgages, securitizations, or simply thin air. Each of the Defendants either filed patent applications similar to the one referenced above, or they laundered money by purchasing an interest in the "general intangibles" represented by the patent applications although these intangibles were and are worthless. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST shall be designated as Defendant No. All of the above Paragraphs of this Complaint are hereby incorporated by reference as though fully set forth herein. Plaintiffs allege that each of the wrongful acts or omissions described in the First Cause of Action for Conversion above was either performed by each Defendant herein, named or unnamed, or ratified and adopted by each Defendant after its occurrence. Further, those Defendants that did not actively perform the acts or omissions described here did affirmatively aid and abet the other Defendants in the performance of such acts or omissions, either before, during, or after the fact in the form of concealment and secretion activities worldwide. Defendant ALTERNATIVE LOAN TRUST 2005-45 shall be designated as Defendant No. Case l:12-cv-04269-JBW-RML Document 36-2 Filed 10/25/12 Page 7 of 157 Pagel D #: 1189 97. Defendant ALTERNATIVE LOAN TRUST 2005-45 shall be designated as Defendant No. The board of directors, in turn, is charged with initiating prompt and appropriate corrective action.
A., BANK OF AMERICA CORPORATION, ERIC HOLDER, an individual, ANTHONY WEST, an individual, UNITED STATES OF AMERICA, as an involuntary plaintiff, THE STATE OF NEW YORK, as an involuntary plaintiff, JON CORZINE, an individual, VALERIE JARRETT, an individual, KAMALA HARRIS, an individual, MYA HARRIS-WEST, an individual, ANNITA DUN, an individual, ROBERT BAUER, an individual, JEREMY BEN-AMI, an individual, J STREET, INC., an entity form unknown, HOWARD DICKSTEIN, an individual, JENNINE ENGLISH, an individual, THOMAS V. There is no worth or value to a patent application requesting approval of a system for transferring and laundering money and private information, yet these patent applications supported written contracts in the hundreds of millions of dollars approving the payment of billions of dollars amongst the various Defendants and each of them. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST shall be designated as Defendant No. Such activities represent additional acts of conversion under law. Finally, each Defendant herein, named or unnamed, did knowingly derive some form of profit or benefit from the acts and omissions described herein. Defendant ALTERNATIVE LOAN TRUST 2005-44 shall be designated as Defendant No. Defendant ALTERNATIVE LOAN TRUST 2005-45 shall be designated as Defendant No. Listing one or more statutory or regulatory violations in a Report of Examination is not uncommon.
RODRIGUEZ JR., OFELIA ROMERO, JOE SALAZAR, REGINALD SANTIAGO, MICHAEL SANTOS, YVONNE SANTOS, GEORGE SEELEY, TERRY SHAFFER, CHERYL SHAW, CHRISTINE SHIPMAN, JAMES SHIPMAN, ANABEL SILVA, MARTIN SILVA, MIKE SMITH, JONNY MARIE TORRES, JORGE TORRES, CHARLOTTE O. A true and correct copy of one (out of thousands) of attachments to these "smoking gun" patent applications is referenced above as a schematic submitted to the United States Patent & Trademark office by Defendant Bank of America and filed by Bank of America's lawyers with the United States Patent and Trademark Office during the last decade. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST shall be designated as Defendant No. Plaintiffs are further entitled to attorney fees under whatever contract or statute applies. All Defendants have converted and stolen - in the manner, using the means of interstate commerce as set forth herein - the sum of at least between ,000.00 and ,000.00, from each Plaintiff herein. In no event has any Plaintiff herein suffered damages greater than ,000.00. Defendant ALTERNATIVE LOAN TRUST 2005-47CB shall be designated as Defendant No. Instead, the OCC treats AML examinations as a matter of consumer compliance and includes consideration of AML deficiencies when determining an institution's consumer compliance rating. Such violations may involve statutory or regulatory requirements.
TUCKER, WILLIAM TUCKER, THEREISI VILLARUZE, HUY VO, DAVID WALLACE, VICTORIA WALLACE, KLAUDIA WILCZKOWIAK, JAMES WRAY, LEROY ANDERSON, ALEXANDER ARRORACI, RENEE BAYLIS, DENNIS BULMER, RICHARD CARROLL, DORIS COBURN, GEORGE COBURN, KC CRANDALL, KEITH DENS ON, SALLY FIGUEIREDO, CHERYL FORD, EDGART GONZALEZ, STEVE KONG, JEFF LAVENDER, MARA LAVENDER, ROBERT LEWIN, JAMES LOCKER, AVELINO MARTINEZ, AIDA MEZA, JOSE MEZA, VIRGEN MONDRAGON, WILLIAM OAKS, DOMINADOR RAMOS, PETRONILLA RAMOS, ESME ROSS, ROBERT ROSS, CHRISTINE SHIPMAN, JAMES SHIPMAN, CHARLES TAM, RUBY TAM, RAYMOND TRAN, ROBERTO VARGAS, RUTH VARGAS, RONALD WILLIAMS, NASIR FAIZI, JULIE KESTENBAUM, PAUL KESTENBAUM, SPENCER GARNER, DANIEL FREEMAN, LARRY CONTIER, KAREN CONTIER, CLARISSE PICHE, MAURICIO BARRAGAN, RAFAEL RIVIRA, PATRICIA SMITHSON, LYNDEN SMITHSON, JOYCE GALVEZ, DEJAN JUROKOV, HEWLETT DAN QUILLEN, TROY DANELLA, LORRAINE DANELLA, ROGER STEWART, - 6 - VERIFIED FIRST AMENDED COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF AND THE APPOINTMENT OF A RECEIVER Case l:12-cv-04269-JBW-RML Document 36 Filed 10/25/12 Page 7 of 414 Pagel D #: 773 NANCY MAE MARESH, JUDITH ANNE BLAIR, ALICE TOMASELLO, CONNIE PATTERSON, TERI SKRDLA, MIKE SKRDLA, JOHN KRUMSIEK, ANDREW P. Although it talks of "pawnbroker transactions," the official patent defines "pawnbroker transactions" as including mortgage securitizations. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST shall be designated as Defendant No. - 377 - VERIFIED FIRST AMENDED COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF AND THE APPOINTMENT OF A RECEIVER Case l:12-cv-04269-JBW-RML Document 36 Filed 10/25/12 Page 378 of 414 Pagel D #: 1144 SECOND CLAIM FOR RELIEF Conspiracy to Commit Conversion (By Plaintiffs 1-310 and 838 against all Defendants; and by Plaintiffs 311-352, 354-673 against all Defendants except 1-4; and by Plaintiff 353 against all Defendants except 1-6; and by Plaintiffs 674-732, 734-803 against all Defendants except 5, 6; and by Plaintiffs 733 against all Defendants except 1-6; and by Plaintiffs 804-837 against all Defendants except 16, 17) 2893. Defendant ALTERNATIVE LOAN TRUST 2005-46CB shall be designated as Defendant No. Regulators typically list all significant violations of law (as opposed to isolated or technical violations) in the annual Report of Examination provided to a bank's board of directors.
V., USB REALTY CORP., USB TRADE SERVICES LIMITED, - 9 - VERIFIED FIRST AMENDED COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF AND THE APPOINTMENT OF A RECEIVER Case l:12-cv-04269-JBW-RML Document 36 Filed 10/25/12 Page 10 of 414 Pagel D #: 776 ELAVON MERCHANT SERVICES MEXICO, S. This District Court Complaint - maintained by Spire Law Group, LLP — is the only lawsuit in the world listing as Defendants the Banksters, let alone serving all of such Banksters with legal process and therefore forcing them to finally answer the charges in court. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST SERIES 2006-9 shall be designated as Defendant No. Specifically, they have continued to pool mortgage notes into pools for purposes of selling them as so-called mortgage-backed securities, thereby forever severing the promissory notes from the mortgages that secure them. The Defendants have also acted to foreclose upon homes owned by the Plaintiffs and other individuals by collecting payment in full through a device called a mortgage default swap ("MDS"), whereby the defaulted mortgage would be replaced with a new one. Defendant ALTERNATIVE LOAN TRUST 2005-85CB shall be designated as Defendant No. Another problem was a three- year failure by HBUS, from mid-2006 to mid- 2009, to conduct any AML monitoring of billions of dollars in bulk cash transactions, including billion from 2007 to 2008 alone, with those same HSBC affiliates, despite the risks associated with large cash transactions. Instead, the bank has taken a reactive posture, choosing to focus its attention on correcting specific deficiencies identified by regulators without taking comprehensive 1 708 action to identify and correct deficiencies in the bank's overall BSA/AML program." A month later, on October 4, 2010, the OCC issued a Cease and Desist Order requiring HBUS to revamp its AML program. HBUS itself was a large, complex, and growing financial institution with numerous business lines, products, and services, as well as millions of customers. 1716 The AML compliance officer must be knowledgeable about the law and have the time, expertise, authority, and resources needed to ensure bank compliance with AML requirements . 1730 See 4/29/2010 "BSA/AML Examination Manual," Federal Financial Institutions Examination Council, .gov/bsa_aml_infobase/documents/B S A_AML_Man_20 10 .
V., ELAVON FINANCIAL SERVICES LIMITED, USB NETHERLANDS B. The case further alleges that through these obscure foreign companies, Bank of America, J. Morgan, Wells Fargo Bank, Citibank, Citigroup, One West Bank, and numerous other federally chartered banks stole trillions of dollars of home owners' and taxpayers' money during the last decade and then laundered it through offshore companies. Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST SERIES 2007-1 shall be designated as Defendant No. In December 2008, Wells Fargo acquired the assets of Wachovia in order to prevent it from failing, and spent nearly three years merging its operations into Wells Fargo, including adopting some of its practices. All of the Defendants have taken steps to continue the Ponzi/RICO scheme described herein. Defendant ALTERNATIVE LOAN TRUST 2005-86CB shall be designated as Defendant No. The Supervisory Letter also criticized HBUS for failing to conduct any due diligence or to assess the AML risks posed by HSBC affiliates that opened U. dollar correspondent accounts at HBUS, even though many of those affiliates operated in high risk jurisdictions, had high risk clients, or offered high risk products. no6 9/1 3/2oio OCC Supervisory Letter HSBC-2010-22, "Bank Secrecy Act/ Anti-Money Laundering ('BSA/AML') Examination - Program Violation (12 U. The bank has a history of not identifying BSA/AML problems proactively. The HSBC Group was also one of the largest participants 1707 Id. In addition, as OCC examinations disclosed over the years, it was a financial institution with inadequate AML resources; inadequate AML systems and controls; and inadequate AML leadership. Case l:12-cv-04269-JBW-RML Document 36-3 Filed 10/25/12 Page 291 of 339 Pagel D #: 1630 286 The second requirement is to designate a qualified individual for coordinating and monitoring the bank's day-to-day AML compliance. The SLC includes representatives from the Conference of State Bank Supervisors, the American Council of State Savings Supervisors, and the National Association of State Credit Union Supervisors. The Office of Thrift Supervision was also an FFIEC member, until the agency was abolished in 201 1 .
MORGAN SERVICES INDIA PRIVATE LIMITED, HENRY BATH BV, GAVEA INVESTIMENTOS LTDA., J. MORGAN RESEARCH TOTAL RETURN MASTER FUND LTD, JPMORGAN DISTRESSED DEBT MASTER FUND LTD. Indeed, former TARP Inspector General Neil Banofsky has warned that another massive bailout will again be required if the money center banks and/or their principals are deemed "too big to jail." 5. Bush (nor their subordinates) were a part of this plan, because it was hatched and implemented without their knowledge and it is undisputed that the proceeds of the plan were used to pay for the election of Barack Obama and a Democratic Congress in 2008, as well as various other state and local - 20 - VERIFIED FIRST AMENDED COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF AND THE APPOINTMENT OF A RECEIVER Case l:12-cv-04269-JBW-RML Document 36 Filed 10/25/12 Page 21 of 414 Pagel D #: 787 officials who have then taken money personally as a part of the "Viking-like campaign" to steal all assets available to be stolen in the United States. They are (a) The recipients of monies generated by the fraudulent ponzi/RICO scheme ("first group"), (b) enablers of monies generated by the fraudulent ponzi/RICO scheme ("second group") and (c) payors of monies generated by the scheme ("third group"). Defendant STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST SERIES 2005-20 shall be designated as Defendant No. Bof A alone has been sued for trillions of dollars as a result of its involvement in these activities. These acts remain ongoing, and continue to threaten the Plaintiffs' constitutional rights and financial security, as well as the economic future of the United States of America. The Defendants either knew or should have known that the scale of the lending - based on inflated property values, without income verification and in violation of numerous other underwriting guidelines - would lead to widespread declines in - 371 - VERIFIED FIRST AMENDED COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF AND THE APPOINTMENT OF A RECEIVER Case l:12-cv-04269-JBW-RML Document 36 Filed 10/25/12 Page 372 of 414 Pagel D #: 1138 property values, thereby placing Plaintiffs and others into extremis through which they would lose the equity invested in their homes and have no means of refinancing or selling, other than at a complete loss. That is precisely what happened to the Plaintiffs herein after Defendants converted their money and the equity in their homes, but before Plaintiffs could have possibly realized the ultimate purpose of the Defendants' scam. While the following quotation, taken from a regulatory report, refers specifically to Countrywide, which was portrayed as a prudent, quality lender, it also applies to the business practices of all Defendants. We allege it was a company that underwrote loans in a manner that layered risk factor upon risk factor, such as reduced documentation . The Defendants held themselves out as makers of prime quality mortgage loans, but instead hid the fact that they, in an effort to increase their respective market shares, engaged in an "unprecedented expansion of its underwriting guidelines from 2005 and into 2007." Specifically, the Defendants developed what was referred to as a "supermarket" strategy, where they attempted to offer any product that was or might be offered by any competitor. By the end of 2006, Defendants' underwriting guidelines were as wide as they had ever been, and they were writing riskier and riskier loans. Defendant ALTERNATIVE LOAN TRUST 2005-71 shall be designated as Defendant No. • Community Reinvestment Act (CRA) Examinations - ensure compliance with the CRA, to include meeting the credit needs of the community that the financial institution serves, including residents of low- and moderate-income neighborhoods.