Beruflich Dokumente
Kultur Dokumente
Mohan A. Harihar
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
October 6, 2019
Enclosed, please find the following EMERGENCY NOTICE for filing in the above-referenced
Docket. Since the Plaintiff is filing electronically via ECF, please deliver a hard copy to the direct
attention of the Chief Judge – the Honorable Patti B. Saris:
Please be advised, as indicated in the attached Notice, the follow-up letter directed to Chief Judge
Saris has also been delivered electronically to multiple parties including Clerks of this Court and
multiple government offices/agencies - due to: (1) recent developments involving ALL named
Defendants; (2) the severity of evidenced claims involving judicial officers of this Court and its
perceived threat to National Security; and (3) the continued imbalance of hardships that warrants
immediate corrective action. As a respectful reminder, the referenced Docket is still considered
OPEN, as the Dismissal (and all related) order(s) is considered VOID, as it was issued by a
disqualified judicial officer – Hon. Allison Dale Burroughs (RECUSED). The Court’s failure to
re-establish jurisdiction thus far has also caused an unnecessary delay and incremental hardships
to the Plaintiff – warranting the immediate attention of the Chief Judge. Thank you for your
attention to this very serious and sensitive matter.
Respectfully submitted,
Mohan A. Harihar
Plaintiff
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)
MOHAN A HARIHAR, )
)
Plaintiff )
) Docket No. 15-cv-11880
v. )
)
US BANK et al, )
)
Defendants )
)
The Plaintiff, Mohan A. Harihar, a pro se litigant with no legal experience, respectfully files this
EMERGENCY NOTICE, which includes a follow-up to the September 25, 2019 letter [Ref.
ECF No. 160] directed to Chief Judge – the Hon. Patti B. Saris.1 As a respectful reminder, the
referenced Docket is still considered OPEN, since the Dismissal (and all related) order(s) was
issued by a disqualified judicial officer – Hon. Allison Dale Burroughs (RECUSED) and is
considered VOID.2 The Court’s failure to re-establish jurisdiction thus far has caused an
unnecessary delay and incremental hardships to the Plaintiff – warranting the immediate
attention of the Chief Judge. This emergency notice also respectfully updates the Court on new
1
See Exhibit 1, to view the follow-up letter delivered via email to Chief Judge – Hon. Patti B. Saris on October
4, 2019, in its entirety.
2
See Exhibit 2, to view the sua sponte RECUSAL order issued by US District Court Judge – Hon. Allison Dale
Burroughs on June 19, 2017.
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Case 1:15-cv-11880-ADB Document 161 Filed 10/06/19 Page 3 of 19
developments in the above-referenced civil complaint and the legal expectations moving
I. The Defendant’s Timeline for Reaching a Mutual Agreement has Expired – as stated in
the 9/25/19 letter to Chief Judge Saris, the Plaintiff had in Good Faith, extended an
opportunity to reach a mutual agreement with ALL FOURTEEN (14) Defendants associated
Previously, it was reported to the Court that Bank Defendants – WELLS FARGO and US
BANK had expressed an interest in having a mutual agreement discussion. Despite the
Defendants statement of record, they have failed to timely provide the Plaintiff with a
settlement proposal. Therefore, the offer has expired and is off the table. Similarly,
Defendants – Jeffrey and Isabelle Perkins had expressed an interest in having a mutual
agreement discussion and have also failed to timely provide the Plaintiff with a settlement
proposal.
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The remaining Defendants have failed to respond all together. That includes the Defendant –
General Maura Healey; (3) Governor Charlie Baker (R-MA); and (4) Massachusetts
Elizabeth Warren have been blatantly ignored. Rather than work together to resolve these
serious legal issues, leaders of this Commonwealth (and all Defendants) appear intent on
aligning with disqualified judicial offers who have (as a matter of record) exemplified
patterns of corrupt conduct – including (but not limited to) evidenced acts of TREASON
against The United States of America. The most recent judicial failures evidenced on this
docket - by RECUSED US District Court Judge – the Hon. Allison Dale Burroughs,
were previously brought to the attention of this Court and specifically to the attention of the
Chief Judge in the referenced letter, delivered September 25, 2019. Therefore, the Plaintiff
respectfully requests that the Chief Judge first assist with restoring jurisdiction over this
II. The Plaintiff will Next Seek to Amend his Original Complaint – Once jurisdiction has
been restored (and after this Court has VOIDED all judgements issued by disqualified
judicial officers), the Plaintiff intends to amend his original complaint, pursuant to Fed. R.
Civ. P. 60(b)(2) & (3). It should appear clear to this Court (and to any objective observer)
that ALL Defendants – including: (1) the Commonwealth of Massachusetts; (2) ALL
representing counsel of record; and (3) their respective law firms appear intent on aligning
with the VOID decisions of DISQUALIFIED judicial officers who have (as a matter of
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Case 1:15-cv-11880-ADB Document 161 Filed 10/06/19 Page 5 of 19
The Plaintiff’s referenced amendment will include adding the following parties as Defendants to
this Docket:
It also should appear clear to ANY objective observer who has thoroughly researched the
historical record – that collectively, these parties are in “LOCK-STEP” to successfully commit
Fraud Upon this Court. The overall INTENT to consciously commit this Fraud is (at
A. To Prevent Legal Precedent from being Set – as it pertains to the illegal securitization
of mortgages and other crimes identified with the 2008 US Foreclosure Crisis; and
“THE HARIHAR FCS MODEL©” which was designed to assist The United States with
Economic growth and recovery from damages resulting from the 2008 Foreclosure/
Financial Crisis - and is ultimately protected under the Economic Espionage Act.
Privilege is considered WAIVED, when Fraud Upon the Court has been evidenced.
III. Upholding Fed. R. Civ. P. 60(b)(3) – Once jurisdiction has been restored, if the named
Defendants (including parties still to be added as Defendants) do not wish to enter into a
mutual agreement with the Plaintiff – and instead insist on maintaining their current position,
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Case 1:15-cv-11880-ADB Document 161 Filed 10/06/19 Page 6 of 19
this Court must ultimately uphold the Plaintiff’s evidenced (and UNOPPOSED) Fraud on
the Court claims(s); bringing a Default judgement in favor of the Plaintiff with prejudice.
The related Criminal and Professional complaints of record – against all parties will also
need to be addressed by: (1) this Court; (2) the Department of Justice (DOJ); (3) the Board of
BAR Overseers/BAR Council; and (4) the National Association of Realtors (NAR).
IV. Assistance with the Appointment of Counsel, 28 U.S.C § 1915- The Plaintiff respectfully
reminds this Court that he is a Pro Se litigant with NO LEGAL EXPERIENCE. While the
historical record shows a TEXTBOOK reason for this Court to exercise its discretion and
assist the Plaintiff with the appointment of counsel, it MAY be considered moot once Federal
Rule 60 is upheld.
evidenced the imbalance of hardships that has existed since the beginning of this litigation in
MA State Courts over EIGHT (8) years ago. The Plaintiff’s indigency caused by the
identified illegal foreclosure3 has been acknowledged by every MA State and Federal Court,
including the Supreme Court of The United States. This Court’s failure to re-establish
balance has caused further damage and increased hardship to the Plaintiff. The most pressing
issues warranting immediate attention include (but are not limited to) the following:
A. Housing – The Plaintiff, who went HOMELESS for nearly two (2) years after his
illegal foreclosure, has been in a 40b Affordable Housing scenario as his only
available source of housing. The existing lease is set to expire this month on
October 31, 2019 – and there is no guarantee of renewal. The Plaintiff therefore,
3
As a matter of record, the Plaintiff’s foreclosed Property - located at 168 Parkview Avenue, Lowell, MA 01852,
was identified as an ILLEGAL Foreclosure by: (1) The Department of Justice (DOJ); (2) The Massachusetts
Office of the Attorney General (MA AGO); and (3) Federal Bank Regulators.
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actions are ongoing, as they existed prior to the identified illegal foreclosure; and so
B. Pending IRS and MA DOR Sanctions – The Plaintiff has recently received
communications from both the Internal Revenue Service (IRS) and the Massachusetts
Department of Revenue (MA DOR), threatening to levy sanctions against him for
unpaid taxes which remain due. While the Plaintiff does not contest the taxes due to
the state and federal government, the financial hardship caused by the referenced
illegal foreclosure and the judicial failures that have followed (at minimum) warrant
an injunction that freezes any potential sanctions or collection action against the
C. Transportation –Aside from the severe financial hardship, the identified illegal
foreclosure has caused severe damage to the Plaintiff’s credit, making it impossible to
afford reliable transportation on his own. The Plaintiff has since had to burden family
to the illegal foreclosure until all legal issues have been resolved.
In each of the above-referenced hardships, the record shows that the Plaintiff’s
evidenced arguments clearly satisfy the four-factor test, including success on the
merits.
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VI. The Plaintiff Fears for his Personal Safety and Security after being Threatened by a
Judge – the Hon. Allison Dale Burroughs, who’s 8/5/19 VOID order was issued without
jurisdiction.4 A review of the void order shows that Judge Burroughs clearly threatens to
judicial misconduct including evidenced acts of TREASON against The United States of
America.
Upon filing this Emergency Notice, the Plaintiff respectfully requests that the Court and Chief
Judge Saris timely address and initiate corrective action as it pertains to the legal issues
referenced within – beginning with jurisdiction, no later than this coming Friday, October 11,
2019.
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge,
information, and belief that this Notice: (1) is not being presented for an improper purpose, such as
to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by
existing law or by a non-frivolous argument for extending, modifying, or reversing existing law; (3)
the factual contentions have evidentiary support or, if specifically so identified, will likely have
evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the
4
See Exhibit 3 [ECF No. 159]
8
Case 1:15-cv-11880-ADB Document 161 Filed 10/06/19 Page 9 of 19
Please be advised, the referenced litigation is related to a new complaint now being prepared for
filing in The United States Court of Federal Claims; and includes matters perceived to impact
necessarily receive copies of this formal letter (via email, US Mail and/or social media):
Copies of this Emergency Notice will separately be made available to the Public and to media
outlets nationwide for documentation purposes and out of continued concerns for the
Plaintiff’s personal safety and security. If the Court has ANY questions regarding any portion
of this Emergency Notice, or requires additional information, the Plaintiff is happy to provide
upon request. The Plaintiff is grateful for the Court’s consideration of this very serious, and
sensitive matter.
Mohan A. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
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Exhibit 1
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October 4, 2019
This follow-up communication to the Plaintiff’s September 25, 2019 letter [Ref. ECF No. 160]
is respectfully delivered to your Honor’s direct attention to update the Court on recent
developments in the above-referenced civil complaint. Please be advised of the following:
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Case 1:15-cv-11880-ADB Document 161 Filed 10/06/19 Page 12 of 19
I. The Defendant’s Timeline for Reaching a Mutual Agreement has Expired – as stated in
the 9/25/19 letter to your Honor, the Plaintiff had in Good Faith, extended an opportunity to
reach a mutual agreement with ALL FOURTEEN (14) Defendants associated with the
referenced Docket:
1. WELLS FARGO NA;
2. US BANK NA;
3. COMMONWEALTH OF MASSACHUSETTS;
4. FORMER MASSACHUSETTS AG - MARTHA COAKLEY;
5. HARMON LAW OFFICES, PC;
6. NELSON MULLINS, LLP;
7. PETER HALEY, Esq. (Nelson Mullins, LLP);
8. DAVID E. FIALKOW, Esq. (K&L Gates, LLP);
9. JEFFREY S. PATTERSON, Esq. (K&L Gates, LLP);
10. KURT R. MCHUGH, Esq. (Harmon Law Offices, PC);
11. KEN DAHER (Real Estate Broker, Weichert Realters/Daher
Companies);
12. Mary Daher (Real Estate Broker, Weichert Realters/Daher
Companies);
13. JEFFREY PERKINS; and
14. ISABELLE PERKINS
Previously, it was reported to your Honor that Bank Defendants – WELLS FARGO and
US BANK had expressed an interest in having a mutual agreement discussion. Despite the
Defendants statement of record, they have failed to timely provide the Plaintiff with a
settlement proposal. Therefore, the offer has expired and is off the table. Similarly,
Defendants – Jeffrey and Isabelle Perkins had expressed an interest in having a mutual
agreement discussion and have also failed to timely provide the Plaintiff with a settlement
proposal.
The remaining Defendants have failed to respond all together. That includes the Defendant –
Commonwealth of Massachusetts, where the Plaintiff’s numerous efforts to communicate
with: (1) representing counsel – Assistant AG Jesse M. Boodoo; (2) MA Attorney
General Maura Healey; (3) Governor Charlie Baker (R-MA); and (4) Massachusetts
Congressional Leaders including US Senator (and 2020 Presidential Candidate)
Elizabeth Warren have been blatantly ignored. Rather than work together to resolve these
serious legal issues, leaders of this Commonwealth (and all Defendants) appear intent on
aligning with disqualified judicial offers who have (as a matter of record) exemplified
12
Case 1:15-cv-11880-ADB Document 161 Filed 10/06/19 Page 13 of 19
patterns of corrupt conduct – including (but not limited to) evidenced acts of TREASON
against The United States of America. The most recent judicial failures evidenced on this
docket - by RECUSED US District Court Judge – the Hon. Allison Dale Burroughs,
were previously brought to your Honor’s attention in the referenced letter, delivered
September 25, 2019.5 Therefore, the Plaintiff respectfully requests that your Honor first
assist with restoring jurisdiction over this docket.
II. The Plaintiff will Next Seek to Amend his Original Complaint – Once jurisdiction has
been restored (and after this Court has VOIDED all judgements issued by disqualified
judicial officers), the Plaintiff intends to amend his original complaint, pursuant to Fed. R.
Civ. P. 60(b)(2) & (3). It should appear clear to this Court (and to any objective observer)
that ALL Defendants – including: (1) the Commonwealth of Massachusetts; (2) ALL
representing counsel of record; and (3) their respective law firms appear intent on aligning
with the VOID decisions of DISQUALIFIED judicial officers who have (as a matter of
record) evidenced acts of Treason against The United States.
It also should appear clear to ANY objective observer who has thoroughly researched the
historical record – that collectively, these parties are clearly in “LOCK-STEP” to successfully
commit Fraud Upon this Court. The overall INTENT to consciously commit this Fraud is (at
minimum) believed to be twofold:
5
Following her sua sponte recusal on June 19, 2017, US District Court Judge – Hon. Allison Dale Burroughs issued
an order on July 29, 2019 WITHOUT JURISDICTION, denying the Plaintiff’s Motion [Ref. ECF No. 157]. On
August 5, 2019, a second VOID order was issued without jurisdiction [Ref. ECF No. 158]. Both of these actions
are interpreted as clear (and incremental) violations to ARTICLE III and 18 U.S. CODE § 2381 - JUDICIAL
TREASON.
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C. To Prevent Legal Precedent from being Set – as it pertains to the illegal securitization
of mortgages and other crimes identified with the 2008 US Foreclosure Crisis; and
D. To Irreparably Damage the Plaintiff’s Intellectual Property/Trade Secret – known
as “THE HARIHAR FCS MODEL©” which was designed to assist The United States
with Economic growth and recovery from damages resulting from the 2008 Foreclosure/
Financial Crisis - and is ultimately protected under the Economic Espionage Act.
III. Upholding Fed. R. Civ. P. 60(b)(3) – Once jurisdiction has been restored, if the named
Defendants (including parties still to be added as Defendants) do not wish to enter into a
mutual agreement with the Plaintiff – and instead insist on maintaining their current position,
this Court must ultimately uphold the Plaintiff’s evidenced (and UNOPPOSED) Fraud on
the Court claims(s); bringing a Default judgement in favor of the Plaintiff with prejudice.
The related Criminal and Professional complaints of record – against all parties will also
need to be addressed by: (1) this Court; (2) the Department of Justice (DOJ); (3) the Board of
BAR Overseers/BAR Council; and (4) the National Association of Realtors (NAR).
IV. Assistance with the Appointment of Counsel, 28 U.S.C § 1915- The Plaintiff respectfully
reminds your Honor that he is a Pro Se litigant with NO LEGAL EXPERIENCE. While the
historical record shows a TEXTBOOK reason for this Court to exercise its discretion and
assist the Plaintiff with the appointment of counsel, it MAY be considered moot once Federal
Rule 60 is upheld.
Please be advised, the referenced litigation is related to a new complaint now being prepared
for filing in The United States Court of Federal Claims; and includes matters perceived to
necessarily receive copies of this formal letter (via email, US Mail and/or social media):
14
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Copies of this Letter will separately: (1) be included in a NOTICE filed with the Court; (2) be
delivered via email communication to the Court Clerk(s); and (3) will also be made available to
the Public and to media outlets nationwide for documentation purposes and out of continued
concerns for the Plaintiff’s personal safety and security. If your Honor has ANY questions
regarding any portion of this letter, or requires additional information, the Plaintiff is happy to
provide upon request. The Plaintiff is grateful for your Honor’s consideration of this very serious,
Mohan A. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
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Exhibit 2
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Exhibit 3
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