)
MOHAN A. HARIHAR, )
)
Appellant )
) Case No. 17-1381
v. )
)
US BANK, et al )
)
Defendants/Appellees )
On December 4, 2018, United States Supreme Court Justice – Stephen Breyer granted for a
SECOND time, a timeline extension for the Appellant – Mohan A. Harihar to file his
Petition for Writ of Certiorari.1 This second extension was again granted based on the list of
extraordinary, unresolved issues associated with this Appeal that STILL remain, following
the recusal of the initial Circuit panel; and as a matter of record, the continued judicial
failures evidenced by the replacement (and similarly inferior) Circuit panel. On December
11, 2018, this Court recorded as part of the docket, the referenced timeline extension from
SCOTUS. However, it remains unclear as to WHY – after three (3) weeks since the
SCOTUS ruling, there has been NO EFFORT by this Court to resolve ANY of the
1
A 60-day timeline extension was granted to the Appellant to file his Petition for Writ of Certiorari on or before
Monday, January 28, 2019 (See Exhibit 1).
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- now TWICE acknowledged by Justice Breyer (and recently brought to the attention of
4. Refusal(s) to RECUSE;
5. Refusing to provide for the record additional details requested by the Appellant
6. Refusing to clarify whether or not the same (or similar) improper relationships
warranting recusal exist with any other judicial officer in this Circuit (or with
claims pursuant to 18 U.S.C. § 1832 and c.) matters believed to impact National
Security;
2
See Exhibit 2 to view the Appellant’s 12/3/18 Letter to Chief Justice Roberts, in its entirety.
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delaying WITHOUT VALID CAUSE - repeated requests for the Court to assist
the COURT, pursuant to Fed. R. Civ. P. 60(b)(3) and clear violations to the
15. Refusing to address Title 18, U.S.C., Section 242 Deprivation of Rights Under
Color of Law;
16. Refusing to address Title 18, U.S.C., Section 241 Conspiracy Against Rights;
17. Refusing to address Title 18, U.S.C., Section 1001 Fraud and False Statements;
18. Refusing to address Title 42 Sec. 1983, Civil action for Deprivation of Rights;
20. Refusing to promptly reimburse accruing Legal (and other) Fees due to the
A. Please be advised, the Plaintiff has recently been made aware of an approved
Criminal Complaint filed with the SEC (Securities and Exchange Commission),
involving four (4) parties including Appellee – US BANK. The APPROVED TA-2
Form was submitted for reporting activities of Transfer Agents pursuant to Section
17A of the Securities and Exchange Act of 1934.3 The SEC criminal complaint
U.S.C. 1001 and (2) 15 U.S.C. 78ff(a).4 Based on this new discovery, the Appellant
shows cause to amend his original complaint under Fed. R. Civ. P. 60(b)(2) and to
Massachusetts Land Court that reveal patterns of corrupt conduct identical to that
evidenced in these Federal proceedings (as well as in related State courts) - by the
presiding Judge Michael Vhay. A thorough review of the referenced Land Court
judge’s failure to uphold multiple MA State laws – similarly brushing aside Mr.
3
The Securities Exchange Act of 1934 is a law governing the secondary trading of securities in the United States
of America. A landmark of wide-ranging legislation, the Act of '34 and related statutes form the basis of regulation
of the financial markets and their participants in the United States. The 1934 Act also established the Securities and
Exchange Commission, the agency primarily responsible for enforcement of United States federal securities law.
4
See Exhibit 3 to view the referenced SEC Criminal Complaint in its entirety.
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determined outcome. The Appellant now shows cause to amend his original
complaint – at minimum, expanding upon existing: (1) Judicial Fraud on the court;
(2) Due Process; and (3) Color of Law Violations here against the Appellee -
judicial defendants and adding a Tort claim(s) against MA Land Court Judge Michael
Vhay.
C. The named Defendants in the Land Court case include Appellees: (1) WELLS
FARGO; (2) US BANK; (3) Mr. Jeffrey Perkins; and (4) Mrs. Isabelle Perkins.
Collectively, the Defendant’s arguments of record are consistent with the history of
this litigation that at minimum, support Mr. Harihar’s Fraud on the Court claims
under Fed. R. Civ. P. 60(b)(3). Therefore, the Appellant shows cause to amend his
original complaint and expand upon existing fraud on the court claims against these
record will show that formal Treason claims have been filed (by Mr. Harihar) against
Judge Michael Vhay under ARTICLE III Section 3. Serving as witnesses to these
acts of Treason are referenced Appellees, their retained counsel and the MA Land
Court Clerk – Jennifer Masello, all of whom have consciously chosen to remain
5
The Appellant references the retained counsel of Bank Defendants WELLS FARGO and US BANK – David E.
Fialkow, Esq. (K&L Gates, LLP) and Jeffrey Loeb, Esq. (Rich May, PC). BAR complaints already filed against
referenced counsel will similarly be updated.
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silent. Therefore, the Appellant shows cause to amend his original Federal
Therefore, without any further UNNECESSARY JUDICIAL DELAY (and only AFTER re-
establishing JURISDICTION), the Appellant respectfully calls for this Court to initiate
following actions:
1. RE-ESTABLISH JURISDICTION;
(DOJ) regarding - forthcoming criminal indictments associated with his filed criminal
complaints.
Since Eight (8) out of Ten (10) – 80% of First Circuit Judges are now considered
panel is not an allowable option and this judiciary has made clear that it has no intention
of correcting its evidenced errors. Therefore, this continued pattern of corrupt conduct
For documentation purposes, after sending a copy of the MOTION to the attention of POTUS,
confirmation of receipt from The White House is attached (See Exhibit 4) with the filed Court
copy. A copy will additionally be delivered to: (1) SCOTUS via email delivery6; (2) Chief
Justice John Roberts via US Mail; (3) Members of Congress; (4) the DOJ; (5) the PUBLIC
and to media sources nationwide, out of the Appellant’s continued concerns for his personal
safety and security. If there is a question regarding ANY portion of this motion, Mr. Harihar is
happy to provide additional supporting information upon request, in a separate hearing and with
The Appellant is grateful for the Court’s consideration in this very serious and sensitive matter.
Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
6
For documentation purposes, a copy of this motion will sent be via email delivery to US Supreme Court Deputy
Clerk Laurie Wood.
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Exhibit 1
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Exhibit 2
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Exhibit 3
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Exhibit 4
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CERTIFICATE OF SERVICE
I hereby certify that on December 28, 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:
Jeffrey B. Loeb
David Glod
David E. Fialkow
Kevin Patrick Polansky
Matthew T. Murphy
Kurt R. McHugh
Jesse M. Boodoo
Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com