COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

MIDDLESEX SUPERIOR COURT

) CIVIL ACTION NO. 1981-CV-00050

MOHAN A HARIHAR )
)
Plaintiff )
)
v. )
)
WELLS FARGO NA, et al. )
)
Defendants )
)
)

PLAINTIFF NOTICE RE: SYSTEMIC JUDICIAL FAILURES/ABUSES OF

POWER EVIDENCED IN THE COMMONWEALTH OF MASSACHUSETTS

The Plaintiff – MOHAN A. HARIHAR, a pro se litigant with no legal experience, respectfully

files this NOTICE1 to inform the Defendants, as well as this Court of the following:

I. SYSTEMIC ABUSES OF JUDICIAL POWER

From the recently scheduled Rule 16 Conference (held May 14, 2019), this Court is now

aware of an unprecedented number of judicial misconduct claims related to this litigation –

which as a matter of record has been evidenced at EVERY level of the Massachusetts

State and Federal Judiciary, including The Supreme Court of The United States

(SCOTUS). This includes an evidenced broken process for addressing judicial misconduct

1
Based on the Plaintiff’s interpretation of the MA Superior Court Rules, this Notice is not subject to the filing
requirements associated with MA Superior Court Rule 9A, as it is NOT a Motion and is intended for documentation
and informational purposes only. This Notice will however, be included with forthcoming Motions to be filed in
accordance of MA Superior Court Rule 9A.
 and holding judicial officers legally accountable. As a matter of record, the most recent

judicial misconduct claims in this Court involve the Hon. Judge Kenneth J. Fishman, who

has recently recused himself.

II. PLAINTIFF’S INTENTIONS TO REACH MUTUAL AGREEMENT

As stated in the Rule 16 Conference and consistently throughout the eight (8) year history of

this litigation, it remains the Plaintiff’s intention to reach a mutual agreement with ALL

parties – INCLUDING the Defendant, Commonwealth of Massachusetts in the related

federal litigation.2 At the very least, a mutual agreement here with the named Defendants

(and parties still to be named) will certainly assist with judicial economy moving forward.

However, as the Plaintiff clearly stated at the Rule 16 Conference:

1. IF ANY (or ALL) of the Defendants are unwilling to reach a mutual agreement;

2. IF Judicial Officers blatantly refuse to uphold the Constitution, Federal/State Laws

and their Judicial Oath;

3. IF the Massachusetts Office of the Attorney General (and similarly, Federal

Prosecutors) refuses to bring criminal indictments for the Plaintiff’s evidenced

criminal complaints of record;

4. IF Legislative leaders in this Commonwealth continue to exemplify nonfeasance; and

5. IF there is an expectation that collectively, these evidenced failures should simply be

accepted by this Plaintiff, an American-born Citizen - that will NEVER happen; and

it compels this Plaintiff to continue the pursuit of justice - regardless of timeline, until

there is legal accountability and corrective action is initiated.

2
The related federal litigation references HARIHAR v US BANK, et al, Certiorari Petition No. 18-7752
(SCOTUS), Appeal No. 17-1381 and US District Court Docket No. 15-cv-11880.
III. ADDRESSING CONTINUED PATTERNS OF CORRUPT CONDUCT

To date – as stated at the Rule 16 conference and as a matter of record, judicial misconduct

has been publicly evidenced against no less than eight (8) Middlesex Superior Court

Judges, the most recent of which includes the recent RECUSAL of the Hon. Judge

Kenneth J. Fishman from THIS docket. Moving forward, the Plaintiff respectfully states

that each incidence that resembles a continued pattern of corrupt conduct will (at minimum)

show cause for the following:

1. Recusal – pursuant (at minimum) to Supreme Judicial Court Rule 1:22;

2. Incremental claims to be brought against the Commonwealth in the related Federal

litigation – HARIHAR v US BANK, et al, pursuant to Fed. R. Civ. P. 60(b)(2) and

(3). Based on the Plaintiff’s interpretation of the law, both Sovereign and Judicial

Immunity is considered waived when there is evidence of judicial fraud;

3. Amendment to the related federal litigation, HARIHAR v HOWARD, et al,

Docket No. 18-cv-11134 (US District Court, Boston, MA), bringing new Tort claims

against inferior judicial officer(s) under 48A Corpus Juris Secundum §86.

IV. US COURT OF FEDERAL CLAIMS – NEW COMPLAINT

Please be advised, based on the plethora of legal failures associated with this litigation, a new

complaint is now being prepared for filing with the US Court of Federal Claims. A

substantial portion of the Plaintiff’s new complaint will focus on the systemic abuses of

judicial power that has been publicly evidenced at every level of the Federal (and

Massachusetts State) judiciary, including the Supreme Court of The United States.
V. TRANSPARENCY TO MULTIPLE GOVERNMENT OFFICES AND AGENCIES -

INCLUDING THE PUBLIC

Please be advised – aside from evidenced judicial failures of record, the severity evidenced

legal claims against named Defendants (and Parties still to be named) both here in

Massachusetts State Courts and in the related federal litigation call for regular updates

delivered to multiple government offices/agencies. Just a few of these evidenced

civil/criminal claims include: (1) Civil/Criminal RICO violations against the Commonwealth,

named Defendants (and Defendants still to be named) - 18 U.S. Code § 1964; (2) Fraud on

the Court - Fed. R. Civ. P. 60(b)(3); (3) Economic Espionage - 18 U.S.C. § 1831 ; (4)

Misprision of Treason -18 U.S. Code § 2382 ; (5) Conspiracy to Defraud The United States -

18 U.S.C. § 371; (6) Criminal SEC violations, and matters perceived to impact National

Security. Therefore, as we move forward with these proceedings, the following

offices/agencies/courts will receive regular updates, as it bears impact to the related federal

litigation:

1. POTUS;
2. US Secret Service - Director James M. Murray;
3. US Inspector General - Michael Horowitz;
4. SEC Chairman - Jay Clayton;
5. US Attorney General William Barr;
6. Admin. Office of US Courts – Director James C. Duff;
7. US Attorney Andrew Lelling (MA);
8. Chairman Lindsey Graham (R-SC) Senate Judiciary Committee;
9. The Honorable Jerrold Nadler (D-NY) House Judiciary Committee;
10. Governor Charlie Baker (R-MA);
11. US Senator Elizabeth Warren (D-MA);
12. US Senator Ed Markey (D-MA);
13. US Congresswoman Lori Trahan (D-MA);
14. US Congresswoman Ayanna Pressley (D-MA); and
15. MA Attorney General Maura Healey
Regular updates will continue to be made available to the Public and to media outlets nationwide

out of continued concerns for the Plaintiff’s safety and security. The Clerk of the Court is

expected to record this document as part of the record. If this Court has questions regarding any

portion of this Notice, or requires additional information, the Plaintiff is happy to provide upon

request.

Respectfully submitted,

Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
 CERTIFICATE OF SERVICE

I hereby certify that on May 24, 2019, I filed the foregoing Opposition with the Clerk of the
Court and counsel for the Defendants (listed below) via US Mail and Email Communication:

Jeffrey B. Loeb, Esq.

Rich May, PC
176 Federal Street
Boston, MA 02110
617.556.3871
JLoeb@richmaylaw.com

David E. Fialkow
K&L Gates, LLP
State Street Financial Center
One Lincoln Street
Boston, MA 02111
david.fialkow@klgates.com

Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com