Echeverria Dept. of Justice Complaint Against Bank of America Et Al

Civil Rights & Criminal Complaint
U.S. Dept. Of Justice
Respondent: Bank of America, et al
November 6, 2014
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section 1425 NYAV
Washington, D.C. 20530
Complaint for:
USPS: 9410 8036 9930 0061 9817 39
Abdiel Echeverria and Isabel Santamaria

On behalf of their biological children:
Jonathan Echeverria and Rebecca Echeverria,
PETITIONERS,
Vs
Bank of America, N.A., BAC Home Loans

Servicing, LP, Urban Lending Solutions d/b/a
Urban Settlement Services and Carlisle &
Gallagher Consulting Group, Inc.
RESPONDENTS,
As minority parents of Rebecca Echeverria and Jonathan Echeverria, autistic

children, and classified as disabled, we bring upon this civil rights and criminal
complaint against all the perpetrators named herein for the illegal, abusive and
malicious acts perpetrated upon us and by extension placed upon our children by
discriminating and by deliberate use of harassment and intimidation upon us, their
caregivers to remove them unlawfully from their home and in violation of their
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civil rights. The events and illegal activities that took place will be more
specifically described below.
Background
On or around August 2009, Bank of America (BAC Home Loan Serving)

became our mortgage servicer. We were not aware of the transfer from lender
Taylor, Bean & Whitaker who was raided by the FBI and shut down. In late
September 2009 we were made aware that Bank of America was our new servicer.
During that time, we were trying to acquire medical and psychological services for
our children while facing diminished income and increased expenses.
On or around October 2009, we requested assistance from BAC Home
Servicing (Bank of America) for a loan modification. We had heard about a
program that we could qualify for called HAMP. When I, Isabel Santamaria spoke
to the representative, I was told that I did not qualify at this time and that I had to
give more financial documentation. We were struggling financially and later that
month I provided more documentation. I was then informed by telephone in early
November 2009 that we qualified financially but that because we were not
behind on our mortgage, we could not prove hardship.
On that call, I advised the representative that we were struggling that month
with our ever-growing expenses and with the additional psychological and medical
bills for our children and that we would find it difficult to make a payment this
month but I had the option of selling items or asking for a small loan from family
to complete our payment. Nonetheless, it was never our intention to miss a
payment, ever. We actually wanted to pay-off our mortgage quickly and were
enrolled in a bi-weekly payment plan since March 2008. However, according the
rep, we had to miss payments to qualify for HAMP and it seemed like the right
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time to do so. The rep agreed and we missed the payment that month (November
2009).
In December 2009, I called Bank of America again and was told that now I
qualified for a HAMP modification and was going to receive package in the mail. I
received the package in January and faxed all the documentation requested and
also mailed it back. When I called, they told me they never received it. I received
another packet and mailed it again in early February. By this time, Bank of
America was already well aware of my childrens special needs as I had advised
them several times before.
In my personal hardship letter required for the HAMP loan modification
program, I specifically told Bank of America to assist us because of our financial
situation and because we have two small children who are autistic (see letter
attached) and even advised that I could supply medical documentation if necessary.
Even though I only missed my November 2009 payment, Bank of America
had already targeted us to remove us from our home along with our autistic
children. We were continuously harassed and intimidated with false collection
and foreclosure notices for a debt that we did not owe and forcing to pay an
amount that we did not owe by a specific date if not we would be foreclosed on.
We were terrified beyond words. Instead of acquiring help, it became a terroristic
attack without justification.
In March 2010 while on the phone with Bank of America (or so I believe)
and being severely threatened unnecessarily with foreclosure for over 45 minutes, I
had a traumatic episode which changed my life. The last thing I truly remember
was telling the rep on the phone that he was going to give me a heart attack after I
felt my blood pressure increased dramatically and even though I cannot recall
every detail of what happened after that, I remember seeing my autistic daughter
crying and saying, "Mommy, don't die". I was so distraught that I was not even
aware that my daughter was witnessing most of the conversation.
For the weeks that followed, the pain, fatigue and illness I felt was
unbearable. I thought I had bone cancer or something. I saw my doctor and after
many tests she diagnosed me with chronic fatigue syndrome/fibromyalgia. My
doctor even asked me if I had a traumatic experience lately or if I was going
through a lot of stress. The first thing that came to my mind was "Bank of
America" and the traumatic event on the phone that happened about a month prior.
My doctor warned me that my life was going to change from now on but I never
knew how much. As time went by, I started to get progressively worse and could
not take all of the medications that I was prescribed for pain. Many of the narcotics
were too strong for me (I do not like taking pills) and some were not helping much
anyway.
This has not only destroyed my life but my family's life as well. Now, I am
disabled too. I requested several times that the harassment and abuse stop but it
continued. Not even our attorney could stop it. Even though we had legal
representation from early April 2010 to September 2010, Bank of America and its
co-conspirators continued to harass us with abusive phone calls during that period
and threats of foreclosure. It is quite obvious that since we are Hispanic, Bank of
America and their co-conspirators believed that we would not know our rights and
consistently violated our rights believing that we would not know any better, even
behind our attorneys back. I had even expressed this to my psychologist several
times and she even made a note of it in her reports.
I have complained for years to the Office of the Comptroller of the
Currency, The Attorney General, Congressman Bill Posey, Senators, the F.B.I.,
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Consumer Financial Protection Bureau and any federal, governmental and every
consumer authority you can think of. Nothing has been done. In every instance,
Bank of Americas Office of the CEO and President interferes and obstructs
legitimate investigations or deviates the investigation saying that the case in
currently in litigation or provides conflicting or inaccurate information to stop
investigations. PLEASE BE AWARE THAT EVEN THOUGH WE ARE
CURRENTLY IN LIGATION WITH BANK OF AMERICA, URBAN AND
CARLISLE & GALLAGER, IT DOES NOT INVOLVE ANY CIVIL RIGHTS
OR DISCRIMINATION CLAIMS. DO NOT BE FOOLED BY THEIR FALSE
OFFICE OF THE CEO AND PRESIDENT. THEIR ONLY PURPOSE IS TO
OBSTRUCT JUSTICE AND BREAK THE LAW. PLEASE PROCEED WITH
THIS INVESTIGATION AND DO NOT BE PERSUADED WITH THEIR LIES.
My disabled children have suffered enough over the past four years because
of this abuse perpetrated against us. Bank of America and their minions targeted
us, a Hispanic family with disabled children to fulfill their greedy objective. But,
this is only the tip of this iceberg. The reason I have filed this complaint is because
of the elaborate SCHEME that was perpetrated against us and that was recently
discovered in December 2013 which also implicates URBAN LENDING
SOLUTION and CARLISLE & GALLAGHER.
Bank of America concocted a scheme which involved the full cooperation
and awareness of third parties Urban Lending Solutions and Carlisle & Gallagher
to misrepresent a farce HAMP to our family and make us rely on a farce Bank of
Americas Office of the CEO and President. Even though we knew that Bank of
America is a fraudulent company, we had no idea how deep the rabbit hole goes
and how they would actually target a family like us in such a manner with this
concealed scheme when we were asking for help with disabled children.
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I, Isabel Santamaria, was contacted by a Bloomberg reporter last year and he

began an investigation. What he discovered was quite disturbing. On December 13,
2013, I became aware of the result of the investigation, just three (3) days before
the investigative piece featuring our story was released to the public (Please see
Exhibit A). I became emotionally distraught to find out that all this time Bank of
America and its minions Urban Lending and, Carlisle & Gallagher, targeted my
family and completely disregarded my pleas for help and concocted this scheme,
concealed it, denied it and now want to escape liability for their criminal actions.
We are not your typical homeowners. We invested our life savings into this home
(almost $90,000.00) and then we were bamboozled by this racketeering scheme
after asking for help for our disabled children. This is the ultimate low and it is
criminal to say the least.
I became aware that letters that I received, HAMP loan modification
communications, calls and threats that were also made to me and my family were
all a scheme to remove us from our home many times were not even from Bank of
America or Bank of Americas Office of the CEO and President. Bank of
America created a FARCE Office of the CEO and President composed of Urban
Lending Solutions and Carlisle & Gallagher in order to handle our complaint and
the complaints of others who were determined to be troublesome or worthy of
litigation. Since my case was of a complicated nature and obviously involved
other illegal activities in which they wanted to cover-up, they felt that they had to
throw my case in the mix completely disregarding the fact that we had children
with special needs and that they were also in violation of a federal assistance
program (HAMP). It was never Bank of Americas intention to help us with a
HAMP modification or by any other means as required by the settlement
agreement, instead they had this malicious racketeering scheme perpetrated against
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our family to ILLEGALLY remove us from our home. Urban Lending Solutions
and Carlisle & Gallagher were contracted for this purpose and were very aware of
what their duties were and what was required of them. Urban and Carlisle &
Gallagher were also paid lucrative contracts and their employees held false titles
such as Customer Advocate of Bank of Americas Office of the CEO and
President such as in the case of Carlisle & Gallaghers Scott McDaniel who
falsely communicated this to us and the OCC, Attorney General, Congressman Bill
Posey and others. We believed these misrepresentations all along and we also
assume that the other parties involved did also. This is fraud and obstruction of
justice. The crime of obstruction of justice, in United States jurisdictions, refers
to the crime of interfering with the work of police, investigators, regulatory
agencies, prosecutors, or other (usually government) officials. Urban and Carlisle
& Gallagher (and possibly others) were used to misrepresent (commit fraud) to us
information and obstruct formal regulatory and governmental investigations at the
direction of Bank of America. We were never aware that we were not speaking to
Bank of America or Bank of Americas Office of the CEO and President many
times. All this time, we were lead to believe that our communications were given
outmost importance and escalated to a higher office when in reality we were
being targeted and marked for termination. Bank of America and Urban Lending
employees had recently confirmed through affidavit testimony the fraudulent
scheme that was set-up against some homeowners as ourselves. Please see:
http://msfraud.org/LAW/Lounge/Bank_of_America_Affidavits_HAMP-crimes_613.pdf.
Fraud
A false representation of a matter of fact
whether by words or by conduct, by false or misleading allegations, or by concealment of what
should have been disclosed that deceives
and is intended to deceive another so that the individual will act upon it to her or his legal injury.
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The Office of the Comptroller of the Currency was advised by us of this

scam earlier this year and instead of conducting an investigation, they allowed the
criminals (Bank of America) to conduct an internal investigation.
Our civil rights, especially those of our disabled children, have been
maliciously violated. I have enclosed communications that I have had with Bank of
America pleading for help regarding my children including emails that I sent to
Bank of Americas CEO Brian Moynihan. I have proof that they did receive them
because these emails are noted in the computer entries of my account and were
also forwarded to Bank of Americas FAKE Office of the CEO and President to
handle.
They were aware all along of our special circumstances. Instead of assisting
us, they bullied us, threatened us, and targeted us with malicious intent and
placed us within a group of victims that would be lied to by a fallacious Office of
the CEO and President thereby giving us false hopes knowing that we would
never get help. Even though we were paying our mortgage, Bank of America was
applying our payments to foreclosure and vacancy fees without our knowledge
since early 2010 (after they knew of our childrens disabilities) even though our
home has never been vacant and we were supposed to be pre-qualified for HAMP.
Yes, we have been targeted. They thought that a Hispanic family with disabled
children would not be able to handle the situation and not be able to fight back.
They know exactly who to target.
Bank of America is known to discriminate and consistently violate
American homeowners civil rights before and this is no exception.
For example:
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, April 4, 2013
Service Members to Receive $39 Million for Violations of the Service members
Civil Relief Act
The Justice Department announced today that under its 2011 settlements with BAC Home
Loans Servicing LP, a subsidiary of Bank of America Corporation, and Saxon Mortgage Servicing
Inc., a subsidiary of Morgan Stanley, 316 service members whose homes were unlawfully
foreclosed upon between 2006 and 2010 are due to receive over $39 million in monetary relief
for alleged violations of the Service members Civil Relief Act (SCRA).
Under the first settlement, Bank of America is required to pay over $36.8 million to service
members whose homes were unlawfully foreclosed upon between 2006 and 2010. Each service
member will receive a minimum of $116,785, plus compensation for any equity lost with
interest. Bank of America has already begun compensating 142 service members whose homes
were illegally foreclosed on between 2006 and the middle of 2009. Under the same agreement,
Bank of America agreed to provide information about its foreclosures from mid-2009 through
the end of 2010. As a result of that review, Bank of America will now pay 155 service members
upon whose homes it illegally foreclosed. Borrowers receiving payment under this settlement
may receive an additional payment under a settlement between Bank of America and federal
banking regulators -- the Office of the Comptroller of the Currency and the Board of Governors
of the Federal Reserve System -- if the foreclosure occurred in 2009 or 2010. Payments provided
under the federal banking regulators settlement will bring the total amount received by eligible
borrowers to $125,000 plus equity where applicable.
http://www.justice.gov/opa/pr/service-members-receive-39-million-violationsservicemembers-civil-relief-act
Case Name
United States v. Bank of America
Docket / Court
3:12-cv-00605-RJC-DSC ( W.D.N.C. )
State/Territory
North Carolina
Case Type(s)
Disability Rights-Pub. Accom.

Fair Housing/Lending/Insurance
FH-NC-0002
Attorney
Organization
Case Summary
U.S. Dept. of Justice Civil Rights Division
On September 13, 2012, the United States filed a lawsuit in the U.S.
District Court for the Western District of North Carolina against Bank of
America, alleging violations of the Fair Housing Act and the Equal Credit
Opportunity Act. Specifically, the federal government alleged that Bank
of America discriminated against disabled mortgage applicants by
requiring all disabled applicants to submit a letter indicating the amount
of the disability income and that it would continue for at least three
years. In some cases, the plaintiffs claimed that Bank of America
required disabled loan applicants to provide information about the
nature and severity of their disability as a condition of receiving a
mortgage. The federal government further alleged that Bank of America
discriminated against applicants receiving public assistance in violation
of the Equal Credit Opportunities Act. The federal government asked the
court for an injunction as well as monetary damages.
On December 5, 2012, the Court (Chief Judge Robert J. Conrad, Jr.)
signed a consent order which prohibited Bank of America from requiring
applicants to submit a letter from a doctor and required Bank of America
to institute a monitoring program, train staff on the new policies,
maintain a complaint resolution program, and to compensate affected
applicants. According to the press release from the Department of
Justice, Bank of America paid a minimum of $370 million in the
settlement to about 200,000 borrowers.
Megan Dolan - 06/08/2014
http://www.clearinghouse.net/detail.php?id=12473
Justice Department Reaches $335 Million Settlement To

Resolve Allegations Of Lending Discrimination By
Countrywide Financial Corporation
More than 200,000 African-American and
Hispanic Borrowers who Qualified for Loans were
Charged Higher Fees or Placed into Subprime
Loans
The Department of Justice today filed its largest residential fair lending
settlement in history to resolve allegations that Countrywide Financial
Corporation and its subsidiaries engaged in a widespread pattern or
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practice of discrimination against qualified African-American and

Hispanic borrowers in their mortgage lending from 2004 through 2008.
The settlement provides $335 million in compensation for victims of

Countrywides discrimination during a period when Countrywide
originated millions of residential mortgage loans as one of the nations
largest single-family mortgage lenders.
The settlement, which is subject to court approval, was filed today in the
U.S. District Court for the Central District of California in conjunction
with the departments complaint which alleges that Countrywide
discriminated by charging more than 200,000 African-American and
Hispanic borrowers higher fees and interest rates than non-Hispanic
white borrowers in both its retail and wholesale lending. The complaint
alleges that these borrowers were charged higher fees and interest rates
because of their race or national origin, and not because of the
borrowers creditworthiness or other objective criteria related to
borrower risk.
The United States also alleges that Countrywide discriminated by
steering thousands of African-American and Hispanic borrowers into
subprime mortgages when non-Hispanic white borrowers with similar
credit profiles received prime loans. All the borrowers who were
discriminated against were qualified for Countrywide mortgage loans
according to Countrywides own underwriting criteria.
The departments action against Countrywide makes clear that we will
not hesitate to hold financial institutions accountable, including one of
the nations largest, for lending discrimination, said Attorney General
Eric Holder. These institutions should make judgments based on
applicants creditworthiness, not on the color of their skin. With todays
settlement, the federal government will ensure that the more than
200,000 African-American and Hispanic borrowers who were
discriminated against by Countrywide will be entitled to compensation.
The settlement resolves the United States pricing and steering claims
against Countrywide for its discrimination against African Americans
and Hispanics.
The United States complaint alleges that African-American and
Hispanic borrowers paid more than non-Hispanic white borrowers, not
based on borrower risk, but because of their race or national origin.
Countrywides business practice allowed its loan officers and mortgage
brokers to vary a loans interest rate and other fees from the price it set
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based on the borrowers objective credit-related factors . This

subjective and unguided pricing discretion resulted in African American
and Hispanic borrowers paying more. The complaint further alleges
that Countrywide was aware the fees and interest rates it was charging
discriminated against African-American and Hispanic borrowers, but
failed to impose meaningful limits or guidelines to stop it.
Countrywides actions contributed to the housing crisis, hurt entire
communities, and denied families access to the American dream, said
Thomas E. Perez, Assistant Attorney General for the Civil Rights
Division. We are using every tool in our law enforcement arsenal,
including some that were dormant for years, to go after institutions of all
sizes that discriminated against families solely because of their race or
national origin.
The United States complaint also alleges that, as a result of
Countrywides policies and practices, qualified African-American and
Hispanic borrowers were placed in subprime loans rather than prime
loans even when similarly-qualified non-Hispanic white borrowers were
placed in prime loans. The discriminatory placement of borrowers in
subprime loans, also known as steering, occurred because it was
Countrywides business practice to allow mortgage brokers and
employees to place a loan applicant in a subprime loan even when the
applicant qualified for a prime loan . In addition, Countrywide gave
mortgage brokers discretion to request exceptions to the underwriting
guidelines, and Countrywides employees had discretion to grant these
exceptions.
This is the first time that the Justice Department has alleged and
obtained relief for borrowers who were steered into loans based on race
or national origin, a practice that systematically placed borrowers of
color into subprime mortgage loan products while placing non-Hispanic
white borrowers with similar creditworthiness in prime loans. By
steering borrowers into subprime loans from 2004 to 2007, the
complaint alleges, Countrywide harmed those qualified AfricanAmerican and Hispanic borrowers. Subprime loans generally carried
higher-cost terms, such as prepayment penalties and exploding
adjustable interest rates that increased suddenly after two or three
years, making the payments unaffordable and leaving the borrowers at a
much higher risk of foreclosure.
The settlement also resolves the departments claim that Countrywide
violated the Equal Credit Opportunity Act by discriminating on the basis
of marital status against non-applicant spouses of borrowers by
encouraging them to sign away their home ownership rights . The law
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allows married individuals to apply for credit either in their own name
or jointly with their spouse, even when the property is owned by both
spouses. For applications made by married individuals applying solely
in their own name between 2004 and 2008, Countrywide encouraged
non-applicant spouses to sign quitclaim deeds or other documents
transferring their legal rights and interests in jointly-held property to
the borrowing spouse. Non-applicant spouses who execute a quitclaim
deed risk substantial uncertainty and financial loss by losing all their
rights and interests in the property securing the loan.
In addition, the settlement requires Countrywide to implement policies
and practices to prevent discrimination if it returns to the lending
business during the next four years. Countrywide currently operates as
a subsidiary of Bank of America but does not originate new loans.
The departments investigation into Countrywides lending practices
began after referrals by the Board of Governors of the Federal Reserve
and the Office of Thrift Supervision to the Justice Departments Civil
Rights Division in 2007 and 2008 for potential patterns or practices of
discrimination by Countrywide.
Todays announcement is part of efforts underway by President
Obamas Financial Fraud Enforcement Task Force (FFETF). President
Obama established the interagency FFETF to wage an aggressive,
coordinated and proactive effort to investigate and prosecute financial
crimes. The task force includes representatives from a broad range of
federal agencies, regulatory authorities, inspectors general and state and
local law enforcement who, working together, bring to bear a powerful
array of criminal and civil enforcement resources. The task force is
working to improve efforts across the federal executive branch, and with
state and local partners, to investigate and prosecute significant
financial crimes, ensure just and effective punishment for those who
perpetrate financial crimes, combat discrimination in the lending and
financial markets, and recover proceeds for victims of financial crimes.
For more information on the task force, visit www.StopFraud.gov .
A copy of the complaint and proposed settlement order, as well as
additional information about fair lending enforcement by the Justice
Department, can be obtained from the Justice Department website at
www.justice.gov/fairhousing .
The proposed settlement provides for an independent administrator to
contact and distribute payments of compensation at no cost to
borrowers whom the Justice Department identifies as victims of
Countrywides discrimination. The department will make a public
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announcement and post contact information on its website once an

administrator is chosen. Borrowers who are eligible for compensation
from the settlement will then be contacted by the administrator.
Individuals who believe that they may have been victims of lending
discrimination by Countrywide and have questions about the settlement
may email the department at countrywide.settlement@usdoj.gov .
Bank Of America Still Discriminating Against Minority

Neighborhoods: Complaint
Posted: 09/25/2013 3:21 pm EDT Updated: 09/25/2013 3:34 pm EDT
http://www.huffingtonpost.com/2013/09/25/bank-of-americadiscrimination_n_3990621.html
There is no doubt that Bank of America has targeted people that they feel are
inferior because they have a harder time fending for themselves due to their
disabilities or are less knowledgeable of their rights because they have a language
barrier that would impede them from understanding what is really going on. It is a
known fact, that Hispanics and those with disabilities are frequently targeted by
Bank of America. Even though we know fluent English and are American citizens,
our last names are a red flag for Bank of America. We were a dual target when
asking for help for our disable children. Bank of America thrives and engorges off
of the desperation of homeowners, especially those with special circumstances like
us. We were the perfect victims for their Office of the CEO and President and
dual tracking scheme for which our civil rights were ultimately violated.
Therefore, please be aware that Bank of America, N.A. and its coconspirators named in this complaint, Urban Lending Solutions d/b/a Urban
Settlement Services and Carlisle & Gallagher Consulting Group, Inc.. had FULL
knowledge that our children Rebecca Echeverria (who was 9 years old when the
abuse started) and Jonathan Echeverria (who was 6 years old when the abuse
started) were disable with autism and nonetheless began their full attack against us
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knowing very well that these children fully relied on us with their care. The abuse
and threats were willful, malicious and unnecessary and were to the extent that
they cause one of us, the main emotional and supportive caregiver, Isabel
Santamaria, the mother, to suffer emotional and physical ailments to the extent that
I became disabled myself and I could no longer work and contribute financially
or be as supportive in activities with our children in the past four (4) plus years as I
used to. These unnecessary abuses by Bank of America and its co-conspirators
mentioned in this complaint caused my disability (Isabel Santamaria), severely
jeopardized our childrens emotional development and have further delayed their
psychological and educational development as well. We also have over four (4)
years of psychological records to prove these allegations.
As mentioned, I have medical and psychological records readily available
that can substantiate my claims. I also have witness accounts and other
documentation that I can submit at your request. My daughter has also been
evaluated by her psychologist and is able to testify if necessary. Again, we can
provide any and all documentation to substantiate all of our claims.
Please accept this as my formal complaint of obstruction of justice, mail
fraud, discrimination and civil rights violations against Bank of America, N.A.,
Urban Lending Solutions and Carlisle & Gallagher Consulting Group, Inc.
Tolling of the Statute of Limitations will apply to this case because two of
the petitioners in this complaint are minors and disabled and the acts/scheme and
two of the perpetrators participating (Urban and Carlisle & Gallagher) were
fraudulently concealed until recently, all of which were discovered on December
13, 2013.
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Bank of America and its co-conspirators obstruction of justice and mail

fraud spanned for over three years. (Please see all documentation attached).
CIVIL RIGHTS VIOLATIONS
U.S. Code Title 42, Chapter 21 Civil Rights Title 42, Chapter 21 of the
U.S. Code prohibits discrimination against persons based on age, disability,
gender, race, national origin, and religion (among other things) in a number of
settings -- including education, employment, access to businesses and buildings,
federal services, and more. Chapter 21 is where a number of federal acts related to
civil rights have been codified -- including the Civil Rights Act of 1866, Civil
Rights Act of 1964, and the Civil Rights of Institutionalized Persons Act.
18 U.S. Code 241 - Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any
person in any State, Territory, Commonwealth, Possession, or District in the free
exercise or enjoyment of any right or privilege secured to him by the Constitution
or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of
another, with intent to prevent or hinder his free exercise or enjoyment of any right
or privilege so secured
They shall be fined under this title or imprisoned not more than ten years, or both;
18 U.S. Code 242 - Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom,
willfully subjects any person in any State, Territory, Commonwealth, Possession,
or District to the deprivation of any rights, privileges, or immunities secured or
protected by the Constitution or laws of the United States, or to different
punishments, pains, or penalties, on account of such person being an alien, or by
reason of his color, or race, than are prescribed for the punishment of citizens,
shall be fined under this title or imprisoned not more than one year, or both;
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42 U.S. Code 1982 - Property rights of citizens -All citizens of the United States shall have the same right, in every State and
Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell,
hold, and convey real and personal property.
By the scheme of such fraudulent means perpetrated by the respondents in
this complaint, we, the petitioners which included our disabled children, were
being deprived of enjoying the benefits of our home for which we invested our life
savings into said home and were deprived of our right with the perpetration of this
fraud, to enjoy, sell, or rightfully hold.
The Home Affordable Modification Program, also known as H.A.M.P., is
a federal program of the United States, set up to help eligible home owners
with loan modifications on their home mortgage debt. It is being set up in the
context of the ongoing subprime mortgage crisis in the debt markets, continuing
from 2008.
Bank of America, N.A. (BAC Home Loans) received tax-payer bailout funds
to participate in the HAMP program. Instead of assisting the petitioners as required
by the federal program for which they applied for, Bank of America, with the full
knowledge and cooperation of its co-conspirators Urban and Carlisle & Gallagher,
decided to abuse and harass the petitioners in this complaint after being fully aware
that we, the petitioners, had children with disabilities that relied exclusively on our
income and our care.
The respondents had every intention of depriving us from our rights as
property owners just to fulfill their greedy criminal objective.
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42 U.S. Code 12203 - Prohibition against retaliation and coercion

(a) Retaliation
No person shall discriminate against any individual because such individual has
opposed any act or practice made unlawful by this chapter or because such
individual made a charge, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under this chapter.
(b) Interference, coercion, or intimidation
It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual
in the exercise or enjoyment of, or on account of his or her having exercised or
enjoyed, or on account of his or her having aided or encouraged any other
individual in the exercise or enjoyment of, any right granted or protected by this
chapter.
(c) Remedies and procedures
The remedies and procedures available under sections 12117, 12133, and 12188 of
this title shall be available to aggrieved persons for violations of subsections (a)
and (b) of this section, with respect to subchapter I, subchapter II and subchapter
III, respectively.
Other than the intimidation, interference and threats, heavily sustained by
the petitioners and the disabled petitioners in this complaint since 2010, there has
been recent retaliation not only behind the scenes by one of the respondents (Bank
of Americas) attorneys without the awareness of the court but the respondents also
recently conspired with Vistaprint to take down the petitioners website that
exposes the respondents fraud collectively and the website was created to inform
and assist other homeowners against mortgage crimes. The Petioners personal
website content is being held hostage and Vistaprint insists that there is
infringement even though there are thousands of websites with similar domains
and with similar purposes. However, the petitioners website was specifically
targeted in retaliation because they are in litigation with the respondents and
because they are a threat in exposing the fraud and racketeering that the
18
respondents are committing against them. The domain name is the case name.
The mafia-type respondents have and continue to illegally harass the petitioners
and are now violating the petitioners First Amendment Rights to Freedom of
Speech. This battle and situation is on-going and we will update of any
developments.
CRIMINAL VIOLATIONS
18 U.S. Code 1512 - Tampering with a witness, victim, or an

informant (withholding evidence)
(B) prevent the production of a record, document, or other object, in an official
proceeding;
shall be punished as provided in paragraph (3).
(C) hinder, delay, or prevent the communication to a law enforcement officer or
judge of the United States of information relating to the commission or possible
commission of a Federal offense or a violation of conditions of probation,
supervised release, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).
(b) Whoever knowingly uses intimidation, threatens, or corruptly persuades
another person, or attempts to do so, or engages in misleading conduct toward
another person, with intent to
(1) influence, delay, or prevent the testimony of any person in an official
proceeding;
(2) cause or induce any person to
(A) withhold testimony, or withhold a record, document, or other object, from an
official proceeding;
(B) alter, destroy, mutilate, or conceal an object with intent to impair the objects
integrity or availability for use in an official proceeding;
(C) evade legal process summoning that person to appear as a witness, or to
produce a record, document, or other object, in an official proceeding; or
(c) Whoever corruptly
19
(1) alters, destroys, mutilates, or conceals a record, document, or other

object, or attempts to do so, with the intent to impair the objects
integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or
attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or
both.
18 U.S. Code 1505 - Obstruction of proceedings before departments,
agencies, and committees
Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or
in part, with any civil investigative demand duly and properly made under the
Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any
place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies
any documentary material, answers to written interrogatories, or oral testimony,
which is the subject of such demand; or attempts to do so or solicits another to do
so; or
Whoever corruptly, or by threats or force, or by any threatening letter or
communication influences, obstructs, or impedes or endeavors to influence,
obstruct, or impede the due and proper administration of the law under which any
pending proceeding is being had before any department or agency of the United
States, or the due and proper exercise of the power of inquiry under which any
inquiry or investigation is being had by either House, or any committee of either
House or any joint committee of the Congress
Shall be fined under this title, imprisoned not more than 5 years or, if the offense
involves international or domestic terrorism (as defined in section 2331),
imprisoned not more than 8 years, or both.
18 U.S. Code 1519 - Destruction, alteration, or falsification of records

in Federal investigations and bankruptcy
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or
makes a false entry in any record, document, or tangible object with the intent to
impede, obstruct, or influence the investigation or proper administration of any
20
matter within the jurisdiction of any department or agency of the United States or
any case filed under title 11, or in relation to or contemplation of any such matter
or case, shall be fined under this title, imprisoned not more than 20 years, or both
18 U.S. Code 1346 - Definition of scheme or artifice to defraud
For the purposes of this chapter, the term scheme or artifice to defraud includes
a scheme or artifice to deprive another of the intangible right of honest services.
18 U.S. Code 1342 - Fictitious name or address
Whoever, for the purpose of conducting, promoting, or carrying on by means of the
Postal Service, any scheme or device mentioned in section 1341 of this title or any
other unlawful business, uses or assumes, or requests to be addressed by, any
fictitious, false, or assumed title, name, or address or name other than his own
proper name, or takes or receives from any post office or authorized depository of
mail matter, any letter, postal card, package, or other mail matter addressed to
any such fictitious, false, or assumed title, name, or address, or name other than
his own proper name, shall be fined under this title or imprisoned not more than
five years, or both.
18 U.S. Code 1341 - Frauds and swindles
Whoever, having devised or intending to devise any scheme or artifice to defraud,
or for obtaining money or property by means of false or fraudulent pretenses,
representations, or promises, or to sell, dispose of, loan, exchange, alter, give
away, distribute, supply, or furnish or procure for unlawful use any counterfeit or
spurious coin, obligation, security, or other article, or anything represented to be
or intimated or held out to be such counterfeit or spurious article, for the purpose
of executing such scheme or artifice or attempting so to do, places in any post
office or authorized depository for mail matter, any matter or thing whatever to be
sent or delivered by the Postal Service, or deposits or causes to be deposited any
matter or thing whatever to be sent or delivered by any private or commercial
interstate carrier, or takes or receives there from, any such matter or thing, or
knowingly causes to be delivered by mail or such carrier according to the direction
thereon, or at the place at which it is directed to be delivered by the person to
21
whom it is addressed, any such matter or thing, shall be fined under this title or
imprisoned not more than 20 years, or both. If the violation occurs in relation to,
or involving any benefit authorized, transported, transmitted, transferred,
disbursed, or paid in connection with, a presidentially declared major disaster or
emergency (as those terms are defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a
financial institution, such person shall be fined not more than $1,000,000 or
imprisoned not more than 30 years, or both.
The conspiracy respondents in this complaint concealed pertinent
information, documents and defendants from participating in prior judicial
proceedings and committed obstruction of justice during federal and regulatory
investigations involving the respondents in this complaint which is a federal crime.
The conspiracy respondents perpetrated this scheme to defraud the plaintiffs and
other homeowners with the use of U.S. mail, misleading and defrauding the
plaintiffs and governmental agencies with false statements, titles,
misrepresentations, and company information all with the intent to defraud the
plaintiffs for the purpose in illegally obtaining property by means of false or
fraudulent pretenses and representations.
The psychological, emotional and monetary damages caused by the criminal
respondents named herein against us is substantial and justice must be served. We
speak not only on our behalf but on behalf of others who have been severely
damages by these criminals, especially by Bank of America, who is the ringleader
of this racketeering enterprise. Please follow through with this complaint as we
have provided more than sufficient evidence at this time and are willing to provide
more if necessary.
22
Dated this 6th day of November, 2014.
Respectfully submitted,
___________________________________
Abdiel Echeverria Plaintiff
___________________________________
Isabel Santamaria Plaintiff
499 Cellini Ave NE

Palm Bay, Florida 32907
(321) 676-4198
(321) 750-6697
Email: andyecorso@yahoo.com
23
AFFIDAVIT OF FACTS
I, Abdiel Echeverria, a citizen of the United States of America and the State
of Florida over the age of 21 years, declare that the statements made in this
document dated November 6, 2014 are true and correct to the best of my
knowledge and belief. The exhibits attached to this complaint against the
respondents are true representations of the originals. I do state under the penalty of
perjury.
Executed in the County of Brevard on November 6, 2014, the undersigned believes
them to be admissible as evidence in a court of law and if called upon as a witness,
I will testify.
Abdiel Echeverria
STATE OF FLORIDA
COUNTY OF BREVARD
.
Sworn to and subscribed before me this ________ day of ____________________, 2014,
by __________________________________, who has produced ______________________ as
identification.
__________________________________________
Notary Public
My Commission Expires ________________________.
24
AFFIDAVIT OF FACTS
I, Isabel Santamaria, a citizen of the United States of America and the State of
Florida over the age of 21 years, declare that the statements made in this document
dated November 6, 2014 are true and correct to the best of my knowledge and
belief. The exhibits attached to this complaint against the respondents are true
representations of the originals. I do state under the penalty of perjury.
Executed in the County of Brevard on November 6, 2014, the undersigned believes
them to be admissible as evidence in a court of law and if called upon as a witness,
I will testify.
Isabel Santamaria
STATE OF FLORIDA
COUNTY OF BREVARD
.
Sworn to and subscribed before me this ________ day of ____________________, 2014,
by __________________________________, who has produced ______________________ as
identification.
__________________________________________
Notary Public
My Commission Expires ________________________.
25
cc:
Federal Bureau Of Investigation

935 Pennsylvania Ave, NW
Washington, DC 20535
Senator Thad Altman

6767 N. Wickham Rd.
Suite 211
Melbourne, FL. 32940
Florida Governor Rick Scott

400 S. Monroe Street
Tallahassee, FL 32399-0001
Ginnie Mae
451 7th Street, SW
Room B-13
Washington D.C. 20410
National Disability Rights Network

820 1st Street NE, Suite 740
Washington, DC 20002
Autism Speaks
1 East 33rd Street
4th Floor
New York, NY 10016
Autism Society of Florida

P.O. Box 677055
Orlando, FL 32867
Bloomberg News
release@bloomberg.net
hson1@bloomberg.net
CNN
Attn: Anderson Cooper
1 CNN Center
P.O. Box 105366
Atlanta, GA 30348
Fox News
Attn. Bill OReilly
1211 Avenue of the Americas
New York, NY 10036
oreilly@foxnews.com
MSNBC
Attn: Rachel Maddow
30 Rockefeller Plaza
New York, NY 10112
MSNBC
Attn: Ed Shultz
New York, NY 10112
MSNBC
Attn: Keith Olbermann
New York, NY 10112
MSNBC
Attn: Dylan Ratigan
New York, NY 10112
26
ABC News
47 West 66th Street
New York, NY 10023
NBC News
New York, NY 10112
One America News

4757 Morena Blvd
San Diego, CA 92117
27

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Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

USPS: 9410 8036 9930 0061 9817 39

Abdiel Echeverria and Isabel Santamaria

Bank of America, N.A., BAC Home Loans

As minority parents of Rebecca Echeverria and Jonathan Echeverria, autistic

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

On or around August 2009, Bank of America (BAC Home Loan Serving)

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

I, Isabel Santamaria, was contacted by a Bloomberg reporter last year and he

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

The Office of the Comptroller of the Currency was advised by us of this

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

United States v. Bank of America

Disability Rights-Pub. Accom.

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

U.S. Dept. of Justice Civil Rights Division

Justice Department Reaches $335 Million Settlement To

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

practice of discrimination against qualified African-American and

The settlement provides $335 million in compensation for victims of

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

based on the borrowers objective credit-related factors . This

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

announcement and post contact information on its website once an

Bank Of America Still Discriminating Against Minority

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice

Respondent: Bank of America, et al

Civil Rights & Criminal Complaint

U.S. Dept. Of Justice