Digitally signed by

Joseph H Zernik
DN: cn=Joseph H
Zernik, o, ou,
email=jz12345@ear
thlink.net, c=US
Location: La Verne,
California
Date: 2010.01.09
11:02:58 -08'00'

Joseph Zernik DMD PhD

Fax: (801) 998-0917 Email: jz12345@earthlink.net

.
.
.
.

07-12-17. Wedick's Opinion Letter re: Pasternak's Grant Deeds

EVIDENCE
OF REAL ESTATE FRAUD
&
FRAUDULENT CONVEYANCE OF TITLE
by
DAVID PASTERNAK, PURPORTED “RECEIVER”
appointed by the
LA SUPERIOR COURT
In
ALLEGED SHAM LITIGATION OF
SAMAAN V ZERNIK (SC087400)
 TABLE OF CONTENTS

1. Source of Records Examined by

Mr Wedick ... … 2

2. What is Samaan v Zernik? ... … 3

3. Mr Wedick's Resume' ... … 4

4. Opinion Letter of Mr Wedick, notarized ... … 6

5. Two Fraudulent Grant Deeds ... … 10

generated by Receiver
Pasternak, “Receiver” appointed
by the LA Superior Court:

5a. 12/7/2007 Grant Deed ... … 11

5b. 12/17/2007 Grant Deed, certified ... … 14

RECORD EXAMINATION
- 1/20 -
 1. SOURCE OF RECORDS EXAMINED BY MR WEDICK

a) The December 7, 2007 Grant Deed

This record was copied from L Superior Court paper court file,
where Mr Pasternak entered a copy of an order purportedly
approved by Judge Patricia Collins on December 7, 2007. No
notice was served by Pasternak of this order, and no notice was
given of its entry.

b) The December 7, 2007 Grant Deed

This record was found upon search in the Office of Registrar
Recorder of La County, and a certified copy was obtained from
that office. No notice was served by Pasternak of this record,
and no notice was given of its entry in the office of the
Registrar/Recorder.

RECORD EXAMINATION
- 2/20 -
 2. WHAT IS SAMAAN V ZERNIK?

It is entirely unclear what Samaan v Zernik was, and is. In part, it

defies definition, since the offices of the Presiding Judge of the
Court, Stephen Czuleger, as well as the in-house Counsel of the
Court, Mr D. Bret Bianco, and also the external counsel retained
by the Court for this matter, all refuse to answer even the most
basic questions regarding this matter:
a) Is Samaan v Zernik a true case duly registered and indexed, as required by
law for a case heard by the Superior Court of California?
b) Is Samaan v Zernik a case listed in the Calendar of the Courts, as required by
law for a case heard by the Superior Court of California?
c) Is there a judge duly assigned to this case, as required by law for a case heard
by the Superior Court of California?
d) Is there a valid, entered judgment in this case, alternatively – is there no valid,
entered judgment in this case?
In recent letter to Mr Kenneth Melson, Director, U.S. Department of
Justice, it was referred to as an “Enterprise Track” case. In his
response Mr Melson doubted that I had sufficient evidence to
prove the existence of such track in the court.
Here, Samaan v Zernik is referred to as “sham litigation”. Some
of the characteristics are: None of the judges had an assignment
order, as required by law. Therefore, none had any authority in
this case either. I appeared before the Supervising Judge of the
Court several times during litigation, with request that he issue
due assignment orders, but he refused to do so.

RECORD EXAMINATION
- 3/20 -
3. MR WEDICK'S RESUME'

RECORD EXAMINATION
- 4/20 -
 JAMES J. WEDICK
WEDICK & ASSOCIATES
11230 Gold Express Drive, Suite 310 - #0364
Gold River, CA 95670-4484
916.638.3566 (Direct) 916.290.0999 (Fax)
Website: www.fraudspecialists.com Email: jwedick@fraudspecialists.com
www.FBIexpert.com
FBI INVESTIGATIONS; WHITE COLLAR CRIME; FRAUD

Early FBI Career

Receiving an undergraduate degree at Fordham University—majoring in Accounting—in 1973, Mr. Wedick was appointed
an FBI Special Agent where as an undercover agent he pursued international white-collar-crime and organized-crime
figures. Code named OPFOPEN the investigation launched the FBI’s effort to proactively pursue notorious con-men and
globe-trotting financiers whose criminal strategies included crossing international borders to evade prosecution. Early
notable assignments included undercover roles in the ABSCAM probe where members of Congress were found guilty taking
bribes; indicting the sons of New York mobster JOE BONANNO with wire fraud; and convicting a pension fund executive
with taking $1 million bribe for orchestrating a $50 million loan.

Undercover Probe Concerning California Lawmakers

In 1985, Mr. Wedick initiated the FBI’s historic 3 year undercover probe concerning California lawmakers soliciting/taking
bribes that included introducing bogus legislation and executing search warrants inside capitol lawmakers' offices. Called
CAPSCAM the investigation convicted 5 California legislators and a member of the Coastal Commission seeking to extort
various Hollywood celebrities. Aside from being featured in ABC's Prime Time Live—and guilty verdicts being declared in 6
RICO trials—editorials across the state praised the FBI for its efforts in pursuing corrupt public officials. Because of the
undercover operation’s success, in 1994, Mr.Wedick received the FBI Director’s Award with his performance cited in the U.S.
Congressional record. Using bogus legislation to catch corrupt officials, in December 1994, Mr. Wedick’s unique approach
was featured in the Los Angeles Times Sunday Magazine and he was also nominated by the U.S. Attorney for the Attorney
General’s Award.

Local Municipal Corruption

In 1994 with corruption allegations suggesting Fresno area council members were soliciting bribes in exchange for
making zoning changes, Mr. Wedick launched the REZONE investigation—again using the undercover approach to record
conversations and collect evidence—convicting 17 defendants, with 14 pleading guilty to federal RICO and corruption
violations. In the Sacramento Bee and Fresno Bee Editorials—the last titled Operation REZONE’s Painful Lessons—the FBI
was credited with exposing corrupt practices where it was "clear that the local political system…(had been) manipulated for
extraordinary personal gain at the cost of public trust."

CBS and 60 MINUTES

With allegations suggesting Medicaid Fraud had become the crime de jour for sophisticated thieves, Mr. Wedick also
launched 3 Health Care Fraud Initiatives prosecuting 324 medical providers with defrauding funds totaling in excess of $228
million. The successful FBI Initiatives attracted the attention of both broadcast and print journalists alike, including 60
Minutes’ Mike Wallace, CNN's Wolf Blitzer, and the Los Angeles Times who did a nine-part series detailing the systemic
fraudulent abuse. In the 60 Minutes piece, Wallace credited Mr. Wedick with marshaling the resources needed to combat
the crime.

Terrorism
After several officials recommended he receive an appointment to head California’s terrorism effort, in 2004, Mr. Wedick
started his own agency and in 2005 he joined the legal team representing two Lodi, California men charged with making
false statements and supporting terrorism. Because Mr. Wedick was convinced the Lodi men were innocent—commenting
the prosecution was based on a poorly done FBI interrogation, lack of corroboration, and a mishandled informant—he
“battled” the government concerning his expected testimony as an expert that was reported as a “cover” story in the LA
Times Sunday Magazine, in May 2006, and featured in a PBS FRONTLINE documentary titled, “ENEMY WITHIN,” that aired
October 2006. He also secured juror affidavits supporting a misconduct motion and, in 2007—in case dubbed LIBERTY
CITY SEVEN by the Miami media—charged the government’s use of an FBI informant who “failed” a polygraph was a
violation of the Attorney General’s Guidelines on the Use of Informants.

Distinguished Service/Professional Organizations

Lastly, in April 2004, Attorney General JOHN ASHCROFT personally praised Mr. Wedick commenting his successes
represented the finest traditions in the Department of Justice. With almost 35 years experience in the FBI, Mr. Wedick was
frequently rated an exceptional employee who routinely handled the Bureau’s most complicated and sensitive investigations,
including writing/supervising both long/short term undercover proposals/operations, used/supervised criminal informants,
monitored/recorded authorized personal/telephone conversations, was long-term undercover agent, and managed a squad
FBI agents. Currently, Mr. Wedick is a licensed California Private Investigator [PI] and Certified Fraud Specialist [CFS], and
member in good standing with the Association of Certified Fraud Specialists [ACFS], Association of Certified Fraud
Examiners [ACFE], California Association of Licensed Investigators [CALI], Sacramento County Bar Association, FBI Agents
Association [FBIAA], and Society of Former Special Agents of the FBI.

RECORD EXAMINATION
- 5/20 -
4. OPINION LETTER OF MR WEDICK

Mr Wedick, an FBI veteran, commended by

the U.S. Congress, the FBI Chief, and the
U.S. Attorney General, is a fraud specialist.

He examined the Grant Deeds for fraud

concerns, in response to request by the
property owner, Mr Joseph Zernik.

In addition to records copied here, Mr

Wedick was also provided, at his own
request, with a volume of over 500 pages of
records - a comprehensive review of Mr
Pasternak's appointment procedure and
subsequent conduct in Samaan v Zernik.

RECORD EXAMINATION
- 6/20 -
 11230 GOLD EXPRESS DRIVE S'l'E 310 GOLD RIVER CA 95670 916.638.3566
WWW.FRAUDSPECIALIS.l.S.COM

To: Dr. Joseph Zernik

Date: January 29, 2009

From: Investigator/E

Subject: Grant Deed file Attorney DAVID J. PASTERNAK,

Los Angeles Superior Court;
SAMAAN Vs. Zernik [SC087400);

In accordance with reference litigation currently ongoing in Los Angeles

Superior Court, Dr. JOSEPH ZERNIK retained the professional services of former FBI
agent JAMES J. WEDICK as an expert in white-collar-crime [Wcq, fraud and
corruption. Specifically, Mr. WEDICK was asked to examine two [2] GRANT DEEDS
purportedly prepared by Attorney DAVID J. PASTERNAK for the purposes of executing
a judgment for Specific Performance entered August 9,2007 in Los Angeles Superior
Court-requiring ZERNIK to sell his property for almost $2 million to NNIE
SAMAAN.

As background information concerning his FBI career, it should be noted

Mr. WEDICK received the FBI Director's Award for a much publicized investigation in
California that concerned several members of the California State Legislature prosecuted
for taking "bribes" with his accomplishments later cited in the U.S. Congressional
Record. Mr. WEDICK is a 34-year Bureau veteran whose performance has been praised
by U.S. Attorney General [AG] JOHN ASHCROFT as being in the "highest traditions"
of both the FBI and the U.S. Department of Justice. Commenting on his many successful
investigations, AG ASHCROFT described Mr. WEDICK's pursuits as literally "models"
for other agents to "emulate."
 And because Mr. WEDICK was responsible for the FBI's Sacramento
based white-collar-crime corruption squad, his credentials include handling some of the
Bureau's most complicated and sensitive investigations, including prosecuting the sons
of New York mobster JOSEPH CHARLES BONANNO for conducting an illicit wire
fraud scheme; convicting GILBERT W. CHILTON for orchestrating a $50 million loan
from the California State Teachers Retirement System [STRS] to a Denver con-man-all
in return for a $1 million bribe; and prosecuting Beverly Hills resident MARK L.
NATHANSON for extorting Hollywood celebrities actor/director SYLVESTER
STALLONE, music composer BURT BACHARACH, lyricist CAROL BAYER SAGER,
entertainment moguls JEFFREY KATZENBERG, BARRY DILLER, and DAVID
GEFFEN, movie producers BLAKE EDWARDS and his wife JULIE ANDREWS,
IRWIN WINKLER and MICHAEL JACKSON's business manager SANDY GALLIN.

Mr. WEDICK also is responsible for prosecuting seventeen [17] local city
council members, land owners, and developers [in the ClovislFresno area] suspected
soliciting/receiving "bribes" in exchange for favorable zoning requests-all in violation
of the federal RICO and mail fraud statutes-and designed three [3] Health Care Fraud
Initiatives responsible for prosecuting three-twenty-four [324] Los Angeles based
medical providers suspected defrauding funds totaling in excess of $228 million from
California's Medicaid Program.

Reviewing the two [2] Grant Deeds, the first reportedly dated December 7,
2007 and the second December 17,2007, Mr. WEDICK opines the very fact two [2]
Grant Deeds exist for one transaction-each containing different information-suggests
on on-going fraud requiring immediate investigation-particularly before any documents
are allowed to be filed with a court and/or funds are disbursed.

With respect to Grant Deed #1 dated December 7,2007, Mr. WEDICK

opines reviewing the document he found DAVID J. PASTERNAK scribbled his name in
the wrong location, i.e. where the notary is required to witness the document and further
failed to sign in his capacity as receiver/grantor. Additionally, and most importantly the
Notary Public did not witness and attach a court document identifying/appointing
Attorney DAVID J. PASTERNAK as an authorized court receiver for JOSEPH
ZERNIK.

With respect Grant Deed #2 dated December 17, 2007, Mr. WEDICK
opines reviewing the document the Notary Public did not witness and failed to attach a
document identifying/appointing Attorney DAVID J. PASTERNAK as an authorized
court receiver for JOSEPH ZERNIK. Additionally, the notation, "DAVID
PASTERNAK for JOSEPH V. ZERNIK pursuant to case number SC087400," is not a
valid substitute for an authorized court order.

Accordingly, based on above observations MR. WEDICK opines an

immediate investigation should be instituted in an effort to ascertain the circumstances
behind any fraud being committed so that appropriate local, state, and federal authorities
can be notified, including the appropriate court.

SEE ATTACHMENT
 California All-Purpose ACknowledgment as of 1/1/08

State of California )

County of ,sAC RAMEkiTO )

On 1129!O~ before me, E. c.. H() k 0 M ,a Notary Public in and for said State,
personally appeared, --
- , lANES ::os. WEal ClC -
who proved to me the basis of satisfactory evidence) to be the person Y4
whose name ($) is/aje
subscribed to the within instrument and acknry,vledged to me that he/sl'teARey executedthe same in
hisfh~ir authorized capacity ~), and that by hislAefftheir signature ~ on the instrument the
person ~), or the entity upon behalf of which the person (}) acted, executed the instrument

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is
true and correct.

WITNESS my hand and official seal.

.,•.: "~~HoKOM
.-.... COMM. #1770388.
1 ~

Signature.__ ~~~=----=:..._~_-_-_-_-_-_-_-_-_-_
z:" .1 Notary Public,Californla ~
/ / SACRAMENTO COUNTY
~.~.' ! .1y , .•,.,,,rtl, Exp, 9!11Pt. 21, 201 1

(Area for Notary Seal)

_______________________ OPTIONAL _
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this to another document.

Further Description of Attached Document

Title or Type of Attached Document _

Document Date:. _ umber of Pages, _

Signer(s) or Issuing Agency:. _

Capacity Claimed by Custodian

Signer's Name _ I.
o Individual
o
o
Corporate Officer- Title(s):.-,-
Partner - 0 Lirn ited oGeneral
_
Ii
o Attorney ill Fact
o Trustee
o
o
Guardian or Conservator
Other: _ I
Signer is Representing: _
5. TWO (2) FRAUDULENT
GRANT DEEDS

RECORD EXAMINATION
- 10/20 -
5a. 12/07/2007 FRAUDULENT
GRANT DEED

This Grant Deed was presented by DAVID

PASTERNAK in LA Superior Court hearing
on December 7, 2007, purportedly for Court
approval.

This Grant Deed was indeed approved by

Judge PATRICIA COLLINS, as part of an
order that she signed on the same day at
DAVID PASTERNAK's request, and which he
entered in court file, albeit, with no notice to
the owner, Defendant ZERNIK, as required
by law.

RECORD EXAMINATION
- 11/20 -
 RECORDING REQUESTED BY:

United Title Company

Title #: 80701422-77
APN #: 4328-0024-023

WHEN RECORDED MAIL TO

Nivie Samaan

SPACE ABOvE THIS liNE FOR RECORDERS USC

Grant Deed
The undersigned grantor(s) declare(s):
Documentary transfer tax is $1,889.80
(X) computed on full value of property conveyed, or
( ) computed on full value less of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: () City of Beverly Hills

FOR A VALUABLE CONS1DERATlON, receipt of which is hereby acknowledged,

Joseph H. Zernik, an unmarried man

hereby GRANT{S) to
Nivle Samaan, a married woman, as her sole and separate property
that property in The City of Beverly Hills, Los Angeles County, State of California, described as follows:
Lot 252 of Tract 7710, in the Oty of Beverly Hills, County of los Angeles, State of California, as per Map recorded in
Book 83, Pages 94 and 95 of maps, in the office of the County Recorder of said County.

Together with all of Grantor's right, title and interest in and to that certain Oil and Gas lease, executed by and
between sammy Narens and Lylyan Narens, as Lessor, and Standard Oil Company of California, as Lessee, recorded
September 23, 1964, as Instrument No. 3156, Official Records, Los Angeles County, Catiforla

Mail Tax Statements to Gra=n~tee=:..-"a-,--t-"a-=cdd-,--r~ess=:..--=a-,--bo-,--v-,--e=- , _

Dare November 27, 2007

~
2J 2;Q
RECORD EXAMINATION
- 12/20 -
 /'
State of ___ ) 1 ~ T ~)(,'r __
County of ,- ft
I'~if' ~~ I~
David J. Pasternak, Receiver
On - ;.:: . 1 - --' before me, (Solely In that capacity)
I "'-- =1 \ J f> .t ,I. 1--\ v_____
a Notary Public,~rsonally appeared :.)
~',"''';,i -J- :- ):.~-.~ . ,)

personally known to me (or proved to me on the basis of 'r A <> ,0" <> -<> <> cOt <">.<""» C'b <> At"">, (

satisfactory eVidence) to be the person(s) whose name(s) i51are

"; ,\~~~\-"~, liSA I<.ALAYDJIAN ~
subscribed to the within instrument and acknowletlged to me
that he/she/they executed the same in his/her/their authorized
\! ',~"';'0' ~':',7 CO,V'k -;; '1('13184 G)
copacity(les), and that by his/her/their slgnature(s) on the \>l-~~~::~"~:.' ~~':~~'~~~: ~;:~,~:~r.:.~'.,~~,c:-. C:'~.~~,':·~~.~;A ()
instrument the person(s), or the entity upon behalf of which "<, \" .'-,,"-'\/1 L"." ,:'kL~[" L,-,.", ,
the person(s) acted, executed the instrument. i
~",-"".~~
,.~~., _,~~.;·/c=,;:.uJ ["..",:',,:,c.3 (leT is, 2CC9 ..I.

WITNESS
Signaturf !J
~YU1~ttfVJ\ (\ .
) \ ~ ,

Name 4)1\,,\0 J. p~~r€tlJ~'Aj /!ic£\w.J.

(typed or pnnted)
FTGIS-j4<l8/90 IS area for oIlidal nalanal seal
MAIL TAX STATEMENTS AS DIRECTED ABOVE

RECORD EXAMINATION
2 'LI
- 13/20 -
5b. 12/17/2007 FRAUDULENT
GRANT DEED

This Grant Deed was recorded by David

Pasternak with the Office of Registrar/
Recorder of LA County on December 17,
2007.

No notice was served on the owner,

Joseph Zernik, who retrieved this Grant
Deed from the Recorder/Registrar's files a
few months later.

RECORD EXAMINATION BY FRAUD EXPERT JAMES WEDICK

PAGE 14
 COUNTY OF LOS ANGELES
REGISTRAR-RECORDER/COUNTY CLERK
12400 IMPERIAL HWY. - P.O. BOX 1024, NORWALK, CALIFORNIA 90651-1024

DEAN C. LOGAN
ACTING
Flegislrar-Recorder/Counly Clerk

If this document contains any restriction based on race, color,

religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision
(p) of Section 12955, or ancestry, that restriction violates state and
federal Fair housing laws and is void, and may be removed pursuant
to Section 1~~956.2 of the Government Code. Lawful restrictions
under state and federal law on the age of occupants in senior housing
or housing for older persons shall not be construed as restrictions
based on familial status.
 I
This page is part of YI)Ur doc unnent • DO NOT DISCARD ..
;s: 20072759874 ~g~es:
=- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1ml l l l l~ I~
Recorded/Filed in Official Records Fee' 1400
'"1111111111
Recorder's Office, Los Angeles County, . .
California Tax: 1,889.80
Other: 0.00
12/17/07 AT 08:00AM
Total: 1,903.80

Tttle Company

TITLE(S): DEED

~
LEAD
III ~ III III ~

SHEET

Assessor's Identification Number (Jl.IN)

To be completed by Examiner OR Title Corlpany in black ink. Number of AIN's Shown

fotlill THIS FOR.M IS NOT TO BE DUPLICATED

 UNITED TITLe COMPANY
WESTLAKE VILLAGE BRANCH

RECORDING REQUESTED BY:

United Title Company

Tille tI: 8070 1422·77 12117/07

APN tt: 4328-0024-023
l l Jl l l l lIl l l ~ 11111 111\l 11111 11111 11111 \I~I I I\ lil\ Illl
WHEN RECORDED MAIL TO 20072759874

SPACE ABOVE THIS LINE FOR RECORDERS USE

Grant Deed
,..-------------:r0;:~\-,-
lhe undersigned grantor(s) dec/are(s): ~ y
Documentary transfer ta:( is $1,889,80
(X) computed on full vaille of property conveyed, or
( ) ccmputed on full value less of liens and enc!.JmbranCE s r~maining at time of sale.
( ) Umllcorporated are,l', (~it:y of Beverly Hi\\~,

r:DR A VALUABLE CONSIDERATION, receipt of which IS h ~reby acknowledged,

ria~i~ T: ~astetnak as Receiver far JosEph V. Zernick pursuant to case number SCOB 400
hereby GRANT{S) to
Nivie Samaan, a married woman, as her sole and separale property

that property In The City ofBever~HIIS, Los Angeles [Ollnt'!, State of California, described as follows:
Lot 252 of Trac~ 7710, in the City of Beverly Hills, County of Los Angeles, State of California, as per Map recorded In
Book 83, Pages 94 and 95 of maps, In the office of the C lur,ty Recorder of said County.

Together with all of Grantor's right, title and int,~rest in a 1d to that certain Oil and Gas Lease, executed by and
between Sammy Narens and Lylyan Narens, as Lesser, a ld Standard Oil Company of california, as Lessee, recorded
September 23, 1964, as Instrument No. 3156, Official Re :ords, Los Angeles County, Califoria

--------_.------ -_.-.- -

Date
.
State of
County of Lex:., A"li-c/c ';
On (I ~ .:9 'L:.. 0 '7 teforc r11e,

~~tary Public, p~Onal;Y ~~;~~ed ~/{ I" /'?J-'!~l.:.~.

L (;>,JI() J. _~;;:k~z __

personally known to me (or proved to me on the baSI!, of

satisfactory eVidence) to bl~ the person(s) whose name(s) isiare
sul)scribed to the within in~;trument and acknowledged to me ,AAOAAOAAOAA<><>

ttwt 11e/she/tf1ey executed the same in his/her/their iJ'Jthori;:ed

CilpilCity(If.'S), ana that by his/her/their signature(s) on the
~. LlSAKALAYDJIAN
v COMM ti 1613184
~:.
1I"l~,trument the person(s), or the entity upon behalf (If w!:lch (ry co ... NOTARY P~BLlC . CALIFORNIA Gl
the per~on(s) acted, exeC1;,ted the Instrument. ~ l05 ANGELES CCU~JTY ()
I CUlM. EXPIRES OCT. 15, 2009 ..
WITNESS my hand and qJ1'i2:ial seal Jf e 0 Q va '0 vV' VV=<O= V"GIlJ' r:Q:-.(.

Slqnature _~ }-/" r~. ~/(F

, l". Itir . ;f:'' ' ~,,~
I\ame / 1-,.\ r.,__ fr"r; ((', I(~ (! {/ /A....-

bl5 14() 8(9'l

(typed or printed) f J

MAIL TAX STJITEMENl'S f~S DIRECTED ABOVE

This area for offiaal notanal seal
STAMP IS ON BACK OF LAST PAGE