Anda di halaman 1dari 16

Case: 17-2074 Document: 00117318888 Page: 1 Date Filed: 07/27/2018 Entry ID: 6186518

IN THE UNITED STATES COURT OF APPEALS


FOR THE FIRST CIRCUIT

MOHAN A. HARIHAR, )
)
Appellant )
) Case No. 17-2074
v. )
)
THE UNITED STATES )
)
Appellee )

APPELLANT MOTION FOR RECUSAL OF CIRCUIT PANEL AND EXTENDED GOOD


FAITH OPPORTUNITY TO REACH AGREEMENT W/ APPELLEE, THE UNITED STATES

The Appellant – MOHAN A. HARIHAR, acting pro se, respectfully files this MOTION,

following the Court’s July 17, 2018 ORDER in the RELATED APPEAL (HARIHAR v. US

BANK, et al, Appeal No. 17-1381): (1) RECALLING the March 23, 2018 MANDATE; (2)

VACATING the January 17, 2018 JUDGEMENT and (3) ALL related orders.1 The Court is

well-aware that this related lawsuit against The United States, was necessarily filed separately,

as is required by Federal law.

As a brief historical summary, the primary issues of both Appeals pertain to: (1) Damages

resulting from an identified ILLEGAL FORECLOSURE associated with the 2008 US

Foreclosure/ Financial Crisis; (2) Damages to the Appellant’s Intellectual Property/Trade

1
See Exhibit 1
Case: 17-2074 Document: 00117318888 Page: 2 Date Filed: 07/27/2018 Entry ID: 6186518

Secret - The HARIHAR FCS model2; and (3) Referenced failures within all three (3)

branches of government which collectively contribute to these damages.

JUDICIAL MISCONDUCT CLAIMS – Since August of 2015, the Appellant has identified

evidenced failures within this Federal (District and Circuit Court) Judiciary that questions the

Court’s impartiality and severely compromises its integrity. A PARTIAL list of these evidenced

failures of record – AS RECOGNIZED BY SCOTUS3 and in FULL PUBLIC VIEW include

(but are not limited to) the following:

1. Continued REFUSAL(S) to address/clarify JURISDICTION issues4;

2. Refusing to clarify referenced Judgments;

3. Refusing to clarify the referenced Mandate;

4. Refusal(s) to RECUSE (other than those already recognized);

2
The HARIHAR FCS (Foreclosure Crisis Solution) Model - an economic framework
designed to assist The United States and Illegally Foreclosed Homeowners with repairing
damages suffered from the US Foreclosure Crisis. This Economic Model has merit, having been
successfully presented to multiple parties (including, but not limited to) the Congressional
offices of both US Senator Elizabeth Warren (D-MA), US Congresswoman Niki Tsongas
(D-MA), Deputy Chief Counsel (former) of the House Financial Services Committee – Gail
Laster (D-MA), and the Executive Office of the President (EOP) (under the Obama
Administration) – per the specific request of Vice President Joe Biden. Successfully
implemented, the FCS model is designed to conservatively deliver over $5T of economic
growth to the US, without the need of ANY new legislation, or a single US tax dollar to
implement. It will additionally help to bring substantial assistance to those who have suffered
greatly from illegal foreclosure. The IP is therefore considered a TRADE SECRET, where the
Misappropriation of a Trade Secret is protected under the Economic Espionage Act, 18 U.S.
Code § 1832.
3
Reference – US Supreme Court Application 17A-1359, and the Petitioner/Appellant’s filed
motion requesting a 60-day timeline extension to file his Petition for Writ of Certiorari. On June
8, 2018, Supreme Court Justice – Stephen Breyer GRANTED Mr. Harihar’s timeline
extension request based on this list of extraordinary circumstances warranting such an extension.
4
The record shows that the Appellant has filed over FIFTY (50) + court documents which raise
a JURISDICTION issue(s), ALL of which have been IGNORED by referenced Federal
(District and Circuit) Judges.
Case: 17-2074 Document: 00117318888 Page: 3 Date Filed: 07/27/2018 Entry ID: 6186518

5. Continuing to issue orders after LOSING JURISDICTION - EACH constituting acts of

TREASON under ARTICLE III, Section 3 of the Constitution;

6. Refusing to address OR EVEN ACKNOWLEDGE: a.) the Appellant’s Intellectual

Property (IP) Rights, b.) Evidenced ECONOMIC ESPIONAGE claims pursuant to 18

U.S.C. § 1832 and c.) matters believed to impact National Security;

7. Refusing to exercise judicial discretion by wrongfully denying or unnecessarily delaying

WITHOUT VALID CAUSE - repeated requests for the Court to assist with the

Appointment of Counsel pursuant to 28 U.S.C. §1915;

8. Refusing to address the EVIDENCED and UNOPPOSED FRAUD on the COURT

claims under Fed. R. Civ. P. 60(b)(3);

9. Refusing to address evidenced UNOPPOSED claims of JUDICIAL FRAUD on the

COURT, pursuant to Fed. R. Civ. P. 60(b)(3) and clear violations to the Judicial Code

of Conduct and Judicial Oath;

10. Refusing to address identified DUE PROCESS VIOLATIONS, including (but not

limited to) refusing a TRIAL BY JURY;

11. Ignoring requests for a GRAND JURY;

12. Refusing to address the clearly evidenced IMBALANCE OF HARDSHIPS;

13. Refusing to address Title 18, U.S.C., Section 242 Deprivation of Rights Under Color

of Law;

14. Refusing to address Title 18, U.S.C., Section 241 Conspiracy Against Rights;

15. Refusing to address Title 18, U.S.C., Section 1001 Fraud and False Statements;

16. Refusing to address Title 42 Sec. 1983, Civil action for Deprivation of Rights;
Case: 17-2074 Document: 00117318888 Page: 4 Date Filed: 07/27/2018 Entry ID: 6186518

17. Refusing to address the Plaintiff’s/Appellant’s REPEATED concerns for his personal

SAFETY AND SECURITY;

18. Refusing to promptly reimburse accruing Legal (and other) Fees due to the Appellant, as

stated within the record;

19. Refusing to address DEMAND(S) for CLARIFICATION HEARINGS, with the

presence of an INDEPENDENT COURT REPORTER;

20. Failing to address evidenced argument(s) as FACT – PRIOR to moving to

DISCOVERY and PREMATURELY moving for Dismissal.

Circuit judges – Torruella, Kayatta and Barron have presided over BOTH referenced

appeals. NOW, with the recent developments associated with HARIHAR v US BANK et al, it is

unclear as to WHY, Circuit judges – Torruella, Kayatta and Barron have yet to collectively

recuse here - sua sponte. Therefore, the Appellant respectfully calls for their recusal/removal and

for the Court to assign a new panel prior to moving forward with this Appeal. Please be advised

– JURISDICTION remains an issue. The Appellant also reminds the Court that CRIMINAL

COMPLAINTS are filed with the FBI against Appellees in the referenced litigation as well as

against multiple Officers of the Court. It remains unclear as to WHY, despite the Appellant’s

evidenced claims of record, the DOJ has yet to enjoin this civil litigation with criminal

indictments. The Appellant references the most recent communication sent to Asst. US Attorney

Mary Murrane requesting that she TIMELY provide an update regarding the DOJ’s intention(s)

to bring criminal indictments; and whether the NEW DOJ Task Force on Consumer Fraud
Case: 17-2074 Document: 00117318888 Page: 5 Date Filed: 07/27/2018 Entry ID: 6186518

has been notified/updated.5 Counsel is once again asked to timely provide an update for the

record.

Secondly, as a continued sign of his GOOD FAITH, Mr. Harihar wishes to extend an

opportunity to Appellee – THE UNITED STATES for the purpose of reaching a mutual

agreement. Through this motion, the Appellant respectfully requests a formal meeting with

POTUS, who has necessarily been copied (per Federal law) on ALL court filings since

TREASON CLAIMS (under ARTICLE III) were first evidenced in FULL PUBLIC VIEW

against this Federal Judiciary.6 The White House has long been updated on this litigation, dating

back to the prior (Obama) administration. Since legal issues include: (1) the Misappropriation of

Intellectual Property/Trade Secret(s); (2) evidenced Economic Espionage claims pursuant to 18

U.S.C. § 1832; and (3) matters believed to impact National Security, it is considered

appropriate to coordinate a meeting with the EOP,7 in order to best identify the MAXIMUM

potential benefit to The United States, provided a mutual agreement is reached. The President’s

exceptional track record in business and in complex negotiations brings an expectation

that: (1) assists with bringing this litigation to a successful close; (2) presents a realistic

opportunity to further grow our Nation’s Economy; and (3) assists the 4.2M identified

Americans who have been negatively impacted by ILLEGAL FORECLOSURE.

5 See Exhibit 2
6
Since August 2016, TREASON CLAIMS have been officially brought against SEVEN (7)
Federal (District and Circuit court) Judges associated with this litigation: (1) US District Court
Judge – Allison Dale Burroughs (Recused); (2) US District Court Judge – Denise J. Casper;
(3) Circuit Judge – Juan R. Torruella; (4) Circuit Judge – William J. Kayatta; (5) Circuit
Judge David J. Barron (Recused); (6) Circuit Judge – O. Rogeriee Thompson and (7) Chief
Judge – Jeffrey R. Howard.
7
EOP – Executive Office of the President
Case: 17-2074 Document: 00117318888 Page: 6 Date Filed: 07/27/2018 Entry ID: 6186518

THEREFORE, upon filing this motion, the Appellant respectfully calls for the following legal

actions:

1. The RECUSAL of Circuit Judges Torruella, Kayatta and Barron;

2. The ASSIGNMENT of a NEW Circuit Panel;

3. A coordinated effort between: (a) Counsel for the Appellee – Asst. US Attorney, Mary

Murrane (along with US Attorney Carmen Ortiz (MA)); (b) DOJ Attorney General – Jeff

Sessions; and (c) the EOP - to arrange a meeting between legal parties for the purpose of

reaching a mutual agreement and ultimately, the potential Economic benefit to this

Nation; and

4. Once JURISDICTION has been re-established and after selecting a new panel of

Circuit Judges, the Appellant requests that the Court assist him with the Appointment of

Counsel pursuant to 28 U.S.C. §1915.

The Appellant is certainly grateful to this Court for initiating this necessary, corrective action.

For documentation purposes, after sending a copy of this MOTION to the attention of POTUS,

confirmation of its receipt is attached (See Exhibit 3) with the filed Court copy. A copy will also

be made available to the PUBLIC out of the Appellant’s continued concerns for his personal

safety and security. If there is a question regarding ANY portion of this motion, the Appellant is

happy to provide additional supporting information upon request.


Case: 17-2074 Document: 00117318888 Page: 7 Date Filed: 07/27/2018 Entry ID: 6186518

Respectfully submitted this 27th Day of July, 2018.

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
Case: 17-2074 Document: 00117318888 Page: 8 Date Filed: 07/27/2018 Entry ID: 6186518

Exhibit 1
Case: 17-2074 Document: 00117318888 Page: 9 Date Filed: 07/27/2018 Entry ID: 6186518
Case: 17-2074 Document: 00117318888 Page: 10 Date Filed: 07/27/2018 Entry ID: 6186518

Exhibit 2
Case: 17-2074 Document: 00117318888 Page: 11 Date Filed: 07/27/2018 Entry ID: 6186518

---------- Forwarded message ----------


From: Mohan Harihar <moharihar@gmail.com>
Date: Sun, Jul 15, 2018 at 11:45 AM
Subject: RE: EMERGENCY Hearing Requested for 7/17/18 & New Executive Order
To: mary.murrane@usdoj.gov
Cc: "Constituent.services@state.ma.us" <constituent.services@state.ma.us>,
elizabeth_warren@warren.senate.gov, Nairoby_Gabriel@warren.senate.gov,
scheduling@warren.senate.gov, sydney_levin-epstein@markey.senate.gov, june.black@mail.house.gov,
christina.sterling@usdoj.gov, boston@ic.fbi.gov, washington.field@ic.fbi.gov, NewYorkComplaints Dojoig
<dojoig.newyorkcomplaints@usdoj.gov>

Dear Assistant US Attorney Murrane,

On Friday, July 13, 2018, I filed an EMERGENCY MOTION with the First Circuit Appeals Court
requesting a hearing on Tuesday, July 17, 2018, to address UNRESOLVED ISSUES impacting my
CERTIORARI Petition to SCOTUS (Reference Appeal No. 17-1381, HARIHAR v. US BANK et al). A
copy of the filed motion has been attached as reference. As representing counsel in the RELATED
Appeal - HARIHAR v. THE UNITED STATES (Appeal No. 17-2074), both you and your co-counsel -
Asst. US Attorney Dina Chaitowitz are well aware of these referenced issues involving evidenced
CRIMINAL claims including (but not limited to): (1) Acts of TREASON under ARTICLE III; (2)
ECONOMIC ESPIONAGE pursuant to 18 U.S.C. § 1832; (3) Civil/Criminal RICO Violations pursuant
to 18 U.S.C. § 1961; and additional violations which collectively are perceived to impact our Nation's
Security (See also, HARIHAR v. CHIEF JUDGE JEFFREY R. HOWARD, et al, Docket No. 18-cv-
11134).

You are also aware that criminal complaints have long been filed with the FBI and DOJ to address
these evidenced claims for the specific purpose of bringing criminal charges against ALL responsible
parties. You are aware that by Federal Law - POTUS has necessarily been informed and regularly
updated, since these claims include evidenced acts of Treason and matters perceived to impact National
Security. As a matter of Federal record, there are now over FORTY (40) documented email
communications to the White House (via WH.gov) - specifically to POTUS since the discovery of
Treason claims in August 2015 (and also well before the current administration took office). As an
incremental means of communication, specifically - TWITTER, I have continued to update POTUS,
members of Congress, DOJ, FBI, OIG, etc... as well as the PUBLIC out of continued concerns for my
personal safety and security.

On Wednesday, July 11, 2018, POTUS signed an Executive Order Regarding the Establishment of
the Task Force on Market Integrity and Consumer Fraud. I say with complete confidence that this
litigation(s) has irrefutably played a key role - at least in part in creating this Executive Order.

It is unclear as to WHY, Federal Prosecutors have failed thus far to bring criminal charges here in this
litigation - for crimes so blatantly evidenced in Federal record. It is also unclear as to WHY the DOJ -
specifically your office, has remained silent when directly asked to provide a response. Now, with the
signing of this Executive Order, I am respectfully calling for the US Attorney's Office (MA) to bring these
matters to the direct attention of Attorney General Sessions, as head of this newly created Task
Force. I also request that you timely provide for the record an update for the Court in both referenced
Appeals (17-1381 and17-2074).

Please be advised, due to the severity of issues associated with this litigation, the following
offices/agencies will receive copies of this email communication (either directly and/or via social media):
(1) POTUS; (2) Governor Charlie Baker (R-MA); (3) US Senator Elizabeth Warren (D-MA); (4) US
Senator Ed Markey (D-MA); (5) US Congresswoman Niki Tsongas (D-MA); (6) DOJ; (7) FBI and (8)
Case: 17-2074 Document: 00117318888 Page: 12 Date Filed: 07/27/2018 Entry ID: 6186518

OIG. A copy will also be made available to the PUBLIC out of continued concerns for my personal safety
and security. Thank you for your attention to this very serious matter.

GOD BLESS THE UNITED STATES OF AMERICA!

Respectfully,

Mohan A. Harihar
Case: 17-2074 Document: 00117318888 Page: 13 Date Filed: 07/27/2018 Entry ID: 6186518

Exhibit 3
Case: 17-2074 Document: 00117318888 Page: 14 Date Filed: 07/27/2018 Entry ID: 6186518
Case: 17-2074 Document: 00117318888 Page: 15 Date Filed: 07/27/2018 Entry ID: 6186518
Case: 17-2074 Document: 00117318888 Page: 16 Date Filed: 07/27/2018 Entry ID: 6186518

CERTIFICATE OF SERVICE

I hereby certify that on July 27, 2018 I electronically filed the foregoing with the Clerk of Court
using the CM/ECF System, which will send notice of such filing to the following registered
CM/ECF users:

Asst. US Attorney Mary Murrane

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com