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Mohan Harihar <moharihar@gmail.

com>

Opportunity for Mutual Agreement Discussion, HARIHAR v US


BANK et al, Appeal No. 17-1381
Mohan Harihar <moharihar@gmail.com> Mon, Dec 10, 2018 at 12:19 PM
To: david fialkow <david.fialkow@klgates.com>, jesse.boodoo@state.ma.us, "Jeffrey B. Loeb"
<JLoeb@richmaylaw.com>, kevin.polansky@nelsonmullins.com, "Murphy, Matthew T."
<mmurphy@casneredwards.com>, kmchugh@harmonlaw.com
Cc: NewYorkComplaints Dojoig <dojoig.newyorkcomplaints@usdoj.gov>,
matthew.whitaker@usdoj.gov, andrew.lelling@usdoj.gov, mary.murrane@usdoj.gov,
christina.sterling@usdoj.gov, "Constituent.services@state.ma.us"
<constituent.services@state.ma.us>, elizabeth_warren@warren.senate.gov,
Nairoby_Gabriel@warren.senate.gov, Nora_Keefe@warren.senate.gov,
scheduling@warren.senate.gov, sydney_levin-epstein@markey.senate.gov,
june.black@mail.house.gov, maura.healey@state.ma.us, ma-igo-general-mail@state.ma.us, igo-
fightfraud@state.ma.us, lwood@supremecourt.gov

To All Counsel,

As you are now aware, on December 4, 2018, Supreme Court Justice - Stephen Breyer
has (for a second time) granted a timeline extension for filing a Petition for Writ of Certiorari
(Reference Application No.18A585). This (unopposed) extension request was again granted
based on the list of extraordinary, unresolved issues associated with this litigation;
including (but not limited to) an unprecedented EIGHT (8) RECUSALS by the lower
courts. Prior to filing my petition - while certainly under no obligation to do so and as a
continued sign of MY GOOD FAITH, I am offering ALL parties a FINAL opportunity to enter
into a mutual agreement discussion. You are respectfully reminded that this litigation
continues to proceed precisely as originally forecasted to Lender Attorney (and Defendant)
David E. Fialkow in March 2013. The following factors should now be considered:

1. Defendant's Refusal to Consider Mutual Agreement has Led to Exposing


Judicial Misconduct at EVERY Level - Throughout the history of this litigation,
your clients have chosen to decline (or ignore) every mutual agreement
opportunity extended to them - choosing instead to continue causing substantial
harm and damages to me personally and to my Intellectual Property (IP)/Trade
Secret. Your clients' decision(s) is also the SOLE reason why judicial
misconduct is now evidenced and exposed at EVERY level of the Federal (and
State) Judiciary, INCLUDING SCOTUS. Collectively, your legal counsel has
contributed to exposing evidenced corruption within the highest levels of
government and banking - when it could have been settled years ago.
2. Letter to Chief Justice Roberts - The Chief Justice was alerted to the referenced
⚫ Page 2 December 10, 2018

extraordinary, unresolved circumstances in a letter delivered to his attention on


December 4, 2018 (See Attached).
3. Likelihood of SCOTUS Granting Certiorari Petition - If a mutual agreement is
not reached, the acknowledgment of extraordinary circumstances by Justice
Breyer (not once, but twice) is an indicator that a Certiorari is likely to be granted
on the Petitioner's merits. Treble damages are then expected to be awarded with
prejudice in a $42B lawsuit, plus legal fees.
4. International Court of Justice (ICJ), The Hague - If no agreement is reached
and the referenced pattern of corrupt conduct continues to be evidenced in the
United States Supreme Court, I will have exhausted all legal avenues available to
me as a United States citizen. The evidenced record will then show cause for
bringing a NEW complaint before the World Court - which I am fully prepared to
do, if necessary. Your clients and respective law firms will forever be recognized
for: (1) Exposing a failed Judicial System in The United States; and (2) Creating a
template for other Nations worldwide who have been similarly impacted by
ILLEGAL FORECLOSURE.
5. Legacies - If there is no interest in reaching a mutual agreement, additional
repercussions are anticipated to forever impact the legacies of ALL Defendants.
For example, you've now set the stage for the following: (1) This Commonwealth
will best be known for exposing corruption between banking and government at
the highest of levels; (2) The reputation of Bank Defendants will continue to erode,
along with customer confidence - and you will have brought greater risk to other
national lenders in similar positions - perhaps globally; (3) The Legal community
will certainly take into consideration - the impact of your collective counsel
(individually and as a law firm); and (4) The Real Estate community will see
Brokers, Agents and Instructors who blatantly disregard the NAR Code of Ethics.
6. Criminal and Professional Complaints - Should your clients agree to enter into a
mutual agreement (re: civil complaints only), there MAY be consideration for a
discussion on filed Criminal and Professional Complaints (Only IF allowed by
law). Otherwise, the pursuit of all civil, criminal and professional accountability will
continue indefinitely, regardless of timeline until maximum penalties have been
legally assessed.
7. NEW Evidence - Please be advised, a recently approved SEC complaint has
now surfaced bringing the following Federal criminal violations against multiple
lenders including US BANK NA: (1) 18 U.S.C. 1001; and (2) 15 U.S.C. 78ff(a).
The US Attorney's (MA) office is therefore copied on this email and there is cause
to expand upon existing criminal complaints.

I respectfully ask that each representing attorney respond with an answer to this mutual
agreement opportunity (separately and not as a group) on or before this Friday, December
14, 2018. Any failure to timely respond will be perceived as declining the offer to reach
agreement. Parties copied on this email (or via social media) include POTUS (via
⚫ Page 3 December 10, 2018

www.whitehouse.gov), the DOJ, FBI, OIG, Gov. Charlie Baker (R-MA), members of
Congress and AG Maura Healey (MA).

Respectfully,

Mohan A. Harihar
Petitioner
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)

Letter to Chief Justice John G Roberts.pdf


135K
⚫ Page 4 December 10, 2018

December 3, 2018

The Honorable John G. Roberts, Jr.


Chief Justice
United States Supreme Court
One First Street, NE
Washington, DC 20543

Dear Chief Justice Roberts,

I respectfully bring to your attention a recent development involving ongoing


litigation being brought before this Supreme Court and an interpreted act of
misconduct by the Honorable Justice Stephen Breyer. It would appear (at
least on its surface) that a pattern of corrupt conduct – identical to that
evidenced in the US District and Appellate Courts (First Circuit), has now
been evidenced by Justice Breyer on November 27, 2018. The referenced
litigation is HARIHAR v US BANK et al, Appeal No. 17-1381 (Lower Court
Docket No. 15-cv-11880). The two (2) Applications that were filed with this
Court (prior to filing a Certiorari Petition) and which ultimately warranted
filing a formal complaint1 are:

1. Application No. 17A1359 – request for a 60-day timeline extension


for filing a Petition for Writ of Certiorari (Granted); and

1
On December 2, 2018, a formal complaint was submitted via email communication to the direct attention
of Deputy Clerk Laura Wood (See attached email in its entirety). The referenced litigation involves a
lengthy list of extraordinary circumstances and unresolved issues previously acknowledged by Justice
Stephen Breyer on June 8, 2018. This list of extraordinary issues includes evidenced claims against judicial
officers including (but not limited to) Treason, Economic Espionage and matters believed to impact
National Security. Therefore, parties copied on the email included:(1) The OIG - specifically, IG Michael
Horowitz; (2) DOJ, specifically, acting Attorney General Matthew Whitaker; (3) Governor Charlie
Baker (R-MA); (4) US Senator Elizabeth Warren (D-MA); (5) US Senator Ed Markey (D-MA); (6)
US Congresswoman Niki Tsongas (D-MA); (7) State AG Maura Healey (MA); and (8) Counsel for
Appellees/Defendants. POTUS was necessarily informed by separate email, www.whitehouse.gov . The
PUBLIC also received a copy of the referenced email and attached documents out of continued concerns
for the Petitioner’s personal safety and security.
⚫ Page 5 December 10, 2018

2. Application No. 18A554 – request for a stay of judgment until all of


the extraordinary circumstances and identified issues, previously
acknowledged by Justice Breyer, have been resolved (Application
denied without cause).

Collectively, the Petitioner has evidenced what is believed to be an


unprecedented, egregious abuse of power exemplified by the First Circuit
Appeals Court and the lower District Court. As evidenced by the record, a
review of the referenced Appeal and the related litigation shows: (a) There
have been a total of eight (8) recusals; (b) Eight (8) out of Ten (10) First
Circuit judges are considered disqualified, including Chief Judge Jeffrey R.
Howard; (c) Collectively, fourteen (14) judicial officers (combined District and
Circuit Court) stand accused of judicial misconduct and based on the
Petitioner’s interpretation of Federal law, are considered disqualified from
ruling further in this Appeal or any related litigation; and (d) Nine (9)
judicial officers stand accused of Treason under Article III, Section 3 of the
United States Constitution for continuing to rule without jurisdiction. The
accused judicial officers have failed to provide any valid response that denies
or refutes a single judicial misconduct claim, including Treason.

After acknowledging these evidenced claims on June 8, 2018, Justice Breyer’s


decision to now deny the requested stay of judgment (without cause) reveals
what is interpreted as a pattern of corrupt conduct, identical to that
evidenced in the lower courts. It also appears (at least on its surface) that
Justice Breyer intends now to similarly brush aside all future petitions in
order to reach a corrupt and pre-determined outcome.

Public confidence in the Supreme Court and in the fair administration of


justice is vital to our democracy, and the best way to bolster that confidence
is to ensure that the highest court is committed to maintaining the highest
standards for integrity and impartiality.
⚫ Page 6 December 10, 2018

After reviewing the Judicial Codes of Conduct, it is the Petitioner’s


interpretation that one concept is nearly universal: judges are required to
avoid both actual impropriety and the appearance of impropriety (“the
appearance standard”).2 In fact, Justice Kennedy’s majority opinion in
Caperton noted this commonality and further explained the importance of
such standards, in remarking that codes of conduct “serve to maintain the
integrity of the judiciary and the rule of law.”3 Respectfully, as evidenced by
the record, any objective observer who has followed this litigation from the
beginning will conclude: (1) a failure to adhere to such standards; (2) that the
integrity of the First Circuit Judiciary has long been compromised; and (3) if
left uncorrected, the integrity of The United States Supreme Court will too,
be considered compromised.

I respectfully seek your help in addressing: (1) these extraordinary,


unresolved issues; (2) the applicability of the Code of Conduct for Federal
Judges including the U.S. Supreme Court; and (3) how the Court holds
justices accountable to its ethical standards.

Your Honor, I love my country – The United States of America. I have sworn
an allegiance to our flag and to our Great Nation my entire life:

2 See, e.g., ABA MODEL CODE OF JUDICIAL CONDUCT Canon 1 (2011) (“A judge shall
uphold and promote the independence, integrity, and impartiality of the judiciary, and shall
avoid impropriety and the appearance of impropriety.”); Raymond J. McKoski, Judicial
Discipline and the Appearance of Impropriety: What the Public Sees is What the Judge Gets,
94 MINN. L. REV. 1914, 1985 (2010) [hereinafter McKoski, Judicial Discipline] (noting that
North Carolina and Oregon are the only two states to have abandoned the appearance
standard).
3 Caperton v. A.T. Massey Co., 556 U.S. 868, 889 (2009)
⚫ Page 7 December 10, 2018

“I pledge allegiance to the flag of the United States of America and to the
Republic for which it stands, one nation under God, indivisible, with liberty
and justice for all.”

I pray that this pledge still has meaning.

Thank you for your attention to this very serious and sensitive matter.

GOD BLESS THE UNITED STATES OF AMERICA!

Respectfully submitted,

Mohan a. Harihar
Petitioner – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
⚫ Page 8 December 10, 2018

Mohan Harihar <moharihar@gmail.com>

Application for stay of judgment-- No. 18A554


Mohan Harihar <moharihar@gmail.com> Sun, Dec 2, 2018 at 1:17 PM
To: lwood@supremecourt.gov
Cc: NewYorkComplaints Dojoig <dojoig.newyorkcomplaints@usdoj.gov>,
andrew.lelling@usdoj.gov, mary.murrane@usdoj.gov, christina.sterling@usdoj.gov,
"Constituent.services@state.ma.us" <constituent.services@state.ma.us>,
elizabeth_warren@warren.senate.gov, Nairoby_Gabriel@warren.senate.gov,
Nora_Keefe@warren.senate.gov, scheduling@warren.senate.gov, sydney_levin-
epstein@markey.senate.gov, june.black@mail.house.gov, maura.healey@state.ma.us,
jesse.boodoo@state.ma.us, ma-igo-general-mail@state.ma.us, igo-fightfraud@state.ma.us,
Jennifer Masello <jennifer.masello@jud.state.ma.us>, david fialkow
<david.fialkow@klgates.com>, "Jeffrey B. Loeb" <JLoeb@richmaylaw.com>,
kevin.polansky@nelsonmullins.com, "Murphy, Matthew T." <mmurphy@casneredwards.com>,
kmchugh@harmonlaw.com

Dear Deputy Clerk Wood,

Please be advised of the following:

1. New Application filed on 11/30/18 for 60-day Extension of Time to File Certiorari
Petition (Attached) - The Court is expected to have received the application by
USPS Express Mail Delivery on Saturday, 12/1/18. There is a sense of urgency to
address this application, as the Petitioner's deadline is fast approaching on 12/9/18.
Justice Breyer's decision to deny the requested STAY of judgment (Application No.
18A554, attached) on 11/27 (without cause) substantially changes the content of
the Certiorari Petition. To be clear, it was NOT expected that a Supreme Court
Justice would purposefully IGNORE and brush aside evidenced claims of
TREASON, Economic Espionage, judicial misconduct and matters perceived to
impact National Security - particularly after acknowledging these evidenced claims
on June 8, 2018 (Referencing Application No. 17A1359).
2. Identical Patterns of Corrupt Conduct Identified w/ Supreme Court Justice
Stephen Breyer - To be clear, based on my interpretation of: (1) Federal Laws under
The United States Constitution; and (2) the Judicial Oath of Office, it would appear (at
least on its surface) that a Supreme Court Justice has brushed aside a petition in
order to reach a corrupt and pre-determined outcome. This evidenced action of
record is IDENTICAL to the evidenced claims brought by the Petitioner against
FIFTEEN (15) judicial officers, all within the First Circuit. If left uncorrected, the
Petitioner will have evidenced an UNPRECEDENTED level of judicial misconduct
ranging from the US District Court to the US Supreme Court, in FULL PUBLIC VIEW.
Please be advised - You are considered to have personally witnessed this
evidenced claim against Justice Breyer and are required to bring this matter to
⚫ Page 9 December 10, 2018

the attention of the Court. The following parties are additionally considered as
witnesses: (1) Supreme Court Case Analyst Clayton R. Higgins; (2) Emergency
Applications Clerk Mara Silver; and (3) All Appellees/Defendants and their
associated counsel of record.
3. Cause to Inform Chief Justice Roberts, POTUS and Congress - It becomes
necessary now to inform Chief Justice John G. Roberts of this latest development.
The Petitioner will respectfully submit a separate letter to the attention of the Chief
Justice. Similarly, since this latest development involves evidenced Treason,
Economic Espionage and National Security claims against judicial officers - POTUS
(via www.whitehouse.gov) and Congressional leaders will necessarily be
informed/updated (Including, but not limited to the House/Senate Judiciary
Committees). Parties copied on this email will include: (1) The OIG - specifically, IG
Michael Horowitz; (2) DOJ, specifically, acting Attorney General Matthew
Whitaker; (3) Governor Charlie Baker (R-MA); (4) US Senator Elizabeth Warren
(D-MA); (5) US Senator Ed Markey (D-MA); (6) US Congresswoman Niki
Tsongas (D-MA); (7) State AG Maura Healey (MA); and (8) Counsel for
Appellees/Defendants. The PUBLIC will additionally receive a copy of this email and
attached documents out of continued concerns for my personal safety and security.

It remains my sincere hope that corrective action will be initiated here, prior to moving forward
with this litigation. Thank you for your attention to this very serious and sensitive matter.

Respectfully,

Mohan A. Harihar
Petitioner
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
mo.harihar@gmail.com
[Quoted text hidden]

3 attachments
Harihar Writ of Certiorari Extension Request - November 2018.pdf
164K
Harihar SCOTUS Petition for STAY.pdf
127K
Appendix - SCOTUS Motion for Stay.pdf
1964K
⚫ Page 10 December 10, 2018