DAVID E. FIALKOW
On Monday, August 12, 2019, the Plaintiff – MOHAN A. HARIHAR, a pro se litigant with no
legal experience, notified the Court Clerk – Arthur Deguglielmo by email communication,
informing the Court of an opposition received from attorney David E. Fialkow (K&L Gates,
LLP), representing counsel for Bank Defendants – WELLS FARGO and US BANK.1 After
reviewing the content of the opposition, it should be clear - to any objective observer who has
reviewed the Plaintiff’s evidenced arguments, that the only objective of these Bank Defendants is
to to purposefully deceive this Court. This repetitive pattern of deceptive conduct by the Bank
Defendants and Attorney Fialkow has been evidenced by the record throughout the 8-year
1
See Exhibit A, to review the 8/12/19 email communication to Middlesex Superior Court Clerk - Arthur
Deguglielmo.
history of this litigation (Federal and State). This latest attempt of deception appears to be one of
desperation, as the remaining Defendants (Jeffrey Perkins, Isabelle Perkins and MERS Inc.) do
not appear to be in alignment and have not filed any opposition to the Plaintiff’s recusal motion.
Respectfully, it is time for this Massachusetts Superior Court (once jurisdiction has been re-
established) to put an end to this deceptive conduct and assess sanctions against Attorney
Fialkow and ANY officer of the Court who continues to abuse their litigation privilege. As
1. A Motion for Removal to Federal Court under 28 U.S.C. § 1446 is Still Pending –
This Court is respectfully reminded that the Federal Order issued on July 29, 2019 by
VOID and by definition, an act of JUDICIAL TREASON under ARTICLE III and 18
U.S. Code § 2381.2 Therefore, until jurisdiction has been re-established in the Federal
Court, the motion is still pending. After reviewing the Bank Defendants’ opposition,
counsel is suggesting that the Court should blatantly IGNORE: (a) an evidenced act of
judicial treason; (b) the pending motion for removal; (c) the Plaintiff’s evidenced
arguments for recusal – and instead move forward with granting the Defendants’
this Court does not have the authority to proceed until a valid Federal order has been
issued on the motion for removal and has remanded the case back to the Commonwealth.
Above all - NO Court should allow ANY attorney to continue exemplifying such blatant
2
See Exhibit B – to view the 6/19/17 Recusal order issued by US District Court Judge – Hon. Allison Dale
Burroughs.
2. MISPRISION of Treason claim(s), pursuant to 18 U.S. Code § 2382 – The Plaintiff
respectfully informs this Court that - with the exception of the Defendant - MERS, all
other Defendants and counsel of record here are considered as witnesses to the evidenced
act of Judicial Treason referenced above. Any refusal to serve as witnesses to this
pursuant to 18 U.S. Code § 2382. After reading the Bank Defendants’ opposition, it
should appear clear to this Court (and to any objective observer), that neither the Bank
Defendants nor their licensed attorney – David E. Fialkow have any intention of serving
(but not limited to) disbarment is certainly warranted against ANY attorney when a
violation, warranting the attention of the Department of Justice (DOJ), Governor Charlie
3. Expansion of Fraud on the Court claims under Mass. R. Civ. P. 60(b)(3) – With
regard to the Defendants opposition to the Plaintiff’s motion for recusal, it is perceived as
nothing more than a poor attempt to avoid accountability and to continue deceiving this
Court. First, as stated in the 8/12/19 email to the Court Clerk, the Plaintiff respectfully
states that - based on his interpretation of Superior Court Rules, the Plaintiff's Recusal
Motion should not require filing under Rule 9A (or require any Defendant opposition), as
the cause for recusal pertains to the presiding judge's evidenced actions (and inaction) of
record. If filing under 9A was applicable, the motions would not have been accepted by
the Court and recorded on the docket in the first place - and would have instead been
returned to the Plaintiff for re-submission as a 9A package. Second, in their opposition,
“…the Court should deny the Motion because Harihar has not identified a single
piece of evidence supporting his unfounded accusations that Judge Howe is somehow
As a matter of record, this is factually false. A review of the Plaintiff’s Recusal Motion
reveals the following evidenced arguments – EACH one of which is grounds for
recusal:
a. Judge Howe’s Instruction to the Clerk of the Court - NOT to Record Court
b. Unnecessary Judicial Delay, including (but not limited to) the failure to
validate jurisdiction the improper transfer of this docket from the MA Land
Court;
e. Ignoring Continued Concerns for the Plaintiff’s Personal Safety and Security
To be clear – the Plaintiff’s historical calls for recusal are based on EVIDENCED
RECUSALS to date (9-Federal Judges and 2 MA State Judges). The mere suggestion that the
Plaintiff exemplifies faulty logic or merely disagrees with a Judge’s decision is again a very clear
effort to deceive this Court. The Court is respectfully reminded that as a matter of record - there
against ALL DEFENDANTS. This latest attempt to deceive the Court shows cause for the
Plaintiff to expand upon those claims (against Bank Defendants and their counsel) and for the
Court (State and Federal) to rightfully bring a DEFAULT judgement in favor of the Plaintiff –
Mohan A. Harihar, with prejudice that includes professional sanctions against K&L Gates
Attorney David E. Fialkow. With regard to the remaining Defendants – Jefferey Perkins,
Isabelle Perkins and MERS, Inc., parties have expressed interest in having a mutual agreement
discussion. While the details of that discussion will remain confidential, the Court should
recognize the effort made by the Plaintiff and these Defendants to resolve the existing issues.
Any potential mutual agreement is expected to at minimum, aid in judicial economy moving
forward.
Wherefore, for the reason stated above and in the original Motion, the Plaintiff calls for the
recusal of presiding Judge – Hon. Janice W. Howe, as it continues to be clear that a fair
judgement is unlikely in this Commonwealth. Any objective observer who has thoroughly
reviewed the 8-year history of this litigation would agree. Until the Federal Motion for removal
is ruled on, it is the Plaintiff’s understanding that this Court should cease from any further
rulings. However, based on counsel’s continued efforts to purposefully deceive this Court, the
Plaintiff calls for professional sanctions including (but not limited to) disbarment, against K&L
Federal litigation and a new complaint now being prepared for filing in The United States
Court of Federal Claims; and includes matters perceived to impact National Security.
Copies of this Response – including the original Motion and the Bank Defendants
Opposition will also be made available to the Public and to media outlets nationwide for
documentation purposes and out of continued concerns for my personal safety and security.
If your Honor has ANY questions regarding any portion of this Response, or requires additional
information, the Plaintiff is happy to provide upon request. The Plaintiff is grateful for the
3
See Exhibit C to review to the 08/13/2019 email communication to the White House.
Respectfully submitted,
Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
August 13, 2019 Mo.harihar@gmail.com
Exhibit A
Mohan Harihar <moharihar@gmail.com>
Clerk Deguglielmo,
Over the weekend, I received by regular US Mail an opposition to the Plaintiff's Motion for recusal,
filed by K&L Gates attorney - David E. Fialkow, representing counsel for the Bank Defendants in
this case - WELLS FARGO and US BANK. Please be advised - the Plaintiff plans to file a response
to this opposition as it appears there is a continued effort to purposefully deceive this Court, showing
(at minimum) cause to expand upon the Plaintiff's existing Rule 60b claims (State and Federal). It
also appears that the Bank Defendants are suggesting that this Court should blatantly ignore
the evidenced act(s) of judicial treason by US District Court Judge - Hon. Allison Dale
Burroughs. With the exception of the Defendant - MERS, all other Defendants are considered as
witnesses to the evidenced act of Judicial Treason - a clear violation to ARTICLE III and 18 U.S.
Code § 2381. Any refusal to serve as witness to this evidenced crime will bring an incremental
MISPRISION of Treason claim, pursuant to 18 U.S. Code § 2382. The Court will notice that the
remaining Defendants have not joined in this apparent desperation effort to avoid accountability. Also,
this continued effort by a licensed attorney to continue purposefully deceiving the Court is certainly
grounds for professional sanctions, including disbarment. The Plaintiff respectfully reminds this
Court that Attorney David E. Fialkow is also a Defendant in the related Federal litigation -
HARIHAR v US BANK et al, Docket No. 15-cv-11880. As is the case in Federal Court under Fed.
R. Civ. P. 60(b)(3), litigation privilege here is also considered WAIVED, when Fraud on the
Court has been evidenced under Mass. R. Civ. P. 60(b)(3).
While further explanation will be provided in the filed response, the Plaintiff states that - based on his
interpretation of Superior Court Rules, the Plaintiff's Recusal Motion should not require filing under
Rule 9A (or require any Defendant opposition), as the cause for recusal pertains to the presiding
judge's evidenced actions (and inaction) of record. If filing under 9A was applicable, the motions
would not have been accepted by the Court and recorded on the docket in the first place - and would
have instead been returned to the Plaintiff. There is also a motion still pending in the US District Court
to remove this complaint from State Court under 28 U.S.C. § 1446 as the order issued by the
RECUSED federal judge is considered VOID.
Finally, this Court is well-aware of the severity of legal issues involving this case, the related
federal litigation (which includes the Commonwealth as a Defendant) and its overall perceived
impact to National Security. Therefore, it remains necessary to continue copying multiple
government offices/agencies (referenced above) and the Public - out of continued concerns for my
personal safety and security. The Plaintiff's response to the Bank Defendant's opposition is expected
to be filed with the Court no later than Wednesday, August 14, 2019. If the Court has any questions
or concerns, please advise.
Respectfully,
Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
mo.harihar@gmail.com
Exhibit B
Exhibit C
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
MIDDLESEX SUPERIOR COURT
After being ordered to appear before the Hon. Janice W. Howe in the Middlesex Superior Court
on Thursday, July 25, 2019, the Plaintiff – MOHAN A. HARIHAR, a pro se litigant with no
account of the historical facts that: (1) shows cause to question the presiding judge’s impartiality,
integrity and ethics; (2) resemble an 8-year historical pattern of corrupt conduct identified for the
record in the related state/federal litigation; (3) shows a failure to accept the Plaintiff’s claims as
FACT prior to DISCOVERY; and (4) shows cause for the immediate RECUSAL of the
presiding Judge – the Hon. Janice W. Howe, pursuant to SJC 1:22 and the Massachusetts
(including the Code of Judicial Conduct), Mr. Harihar respectfully states the following:
I. Judge Howe’s Instruction to the Clerk of the Court - NOT to Record Court Documents
Filed by the Plaintiff - The referenced documents include three separate Notices to inform
the Court of formal letters/email communications – all of which bear impact to this litigation,
The content of these formal communications speaks to the evidenced failures related to this
litigation in all three (3) branches of both federal and state government, including this
Middlesex Superior Court. This Court is aware that to date: (1) A total of EIGHT (8)
Middlesex Superior Court Judges associated with this litigation stand accused of judicial
misconduct. This includes the Hon. Kenneth J. Fishman, who recused himself sua sponte -
after being formally accused of Judicial TREASON under ARTICLE III for continuing to
rule after JURISDICTION was lost. Judge Maureen Hogan ALSO recused herself for
reasons unknown, before the case was assigned to Judge Howe. To date, there has been an
litigation. The Plaintiff’s communications to the President, Governor Baker and Senator
Warren also respectfully propose formal meetings for discussion including the potential
opportunity to reach a mutual agreement(s) with all parties. The Court has been made aware
mutual agreement discussion. The Plaintiff (in Good Faith) – while under no legal obligation
to do so, has stated for the record that he is willing to consider entering into a mutual
agreement discussion with ALL parties, including the Commonwealth and the Federal
Government.
At the conclusion of the 7/25/19 summary judgement hearing – and after Judge Howe exited
the courtroom, the Plaintiff asked the Court Clerk – Arthur Deguglielmo the following
question in the presence of the Defendants’ retained counsel – David E. Fialkow, Esq. (K&L
“Clerk Deguglielmo, why has the clerk’s office refused to officially docket my three (3)
filed Notices?” His response, “It was the judge’s decision.” My reply – “For what reason?”
Based on this new discovery alone, the verbal admission by the Court Clerk shows cause to
question Judge Howe’s impartiality, integrity and ethics – calling for her immediate
II. Unnecessary Judicial Delay - by the Superior Court, leading up to the 7/25/19 hearing
include evidenced failures to address NINE (9) Plaintiff Motions, filed June 26, 2019, which
still have yet to be ruled on. Each of the motions are believed to impact whether or not the
7/25 summary judgement hearing was even necessary. For example, the Plaintiff has
evidenced the IMPROPER DISMISSAL and TRANSFER of the case from the MA Land
Court to the Superior Court, as these orders were issued by Land Court Judge – Hon.
Michael Vhay, who LOST jurisdiction to issue such an order. The 7/25 hearing transcript
will confirm that when asked to validate the improper dismissal and transfer, Judge Howe
failed to do so. Similarly, Judge Howe failed to articulate exactly how the Superior Court
could possibly have jurisdiction over the docket, considering the improper dismissal and
transfer from the Land Court. Other examples evidenced by the 7/25 hearing transcript will
include (but are not limited to): (1) Refusing to first validate evidenced criminal claims –
related to this civil complaint, with the Massachusetts Attorney General’s Office (MA
AGO) and the Department of Justice (DOJ); (2) Refusing to first acknowledge evidenced
judicial failures of record; (3) Refusing to first address the Plaintiff’s injunction request to
re-establish the balance of hardships; (4) Refusing to first recognize additional Defendants
associated with the Plaintiff’s evidenced claims; (5) Refusing to first acknowledge
incremental claims against ALL named Defendants (and Defendants still to be named); and
(6) Refusing to acknowledge Massachusetts Rules of Civil Procedure (See example below).
Collectively, these evidenced judicial failures represent a repeating pattern of corrupt conduct
far too familiar – where it seems clear that the presiding judge intends to brush aside ALL
motions, only to arrive at a pre-determined outcome. Even the mention of ELEVEN (11)
judicial recusals (unprecedented) related to this litigation (and the impact to related
III. Failure to acknowledge and uphold Massachusetts Rules of Civil Procedure 60 (b)(3) –
As a matter of record, the court transcript associated with the 7/25/19 hearing will show that
Judge Howe refused to address an evidenced (and UNOPPOSED) Fraud on the Court
claim, pursuant to Mass. R. Civ. P. 60 (b)(3). This too, is perceived as a familiar and
repetitive pattern of corrupt conduct, evidenced previously in: (1) this Middlesex Superior
Court; (2) the Northeast Housing Court; (3) the US District Court (MA); (4) The First Circuit
Appeals Court; and (5) the US Supreme Court. Since the 60b claim was originally raised
more than four (4) years ago, all referenced Defendants have never once disputed the
evidenced Fraud on the Court claim (including the recent 7/25/19 hearing), which speaks to
the failed RMBS securitization associated with the Plaintiff’s identified illegal
foreclosure. These evidenced FACTS collectively indicate a failed system within the judicial
branch of government (State and Federal). If Rule 60b was rightfully upheld, the result would
have been (and STILL should be) a DEFAULT judgement, in favor of the Plaintiff – Mohan
A. Harihar, with prejudice. Raising even more red flags is the Defendants’ continued silence
– as if knowing that the presiding judge(s) has no intention of upholding the law.
“The Code of Judicial Conduct, Supreme Judicial Court Rule 3:09, establishes standards
for the ethical conduct of judges.
PREAMBLE [2] - Judges should maintain the dignity of judicial office at all times, and
avoid both impropriety and the appearance of impropriety in their professional and
personal lives. They should aspire at all times to conduct that ensures the greatest
possible public confidence in their independence, impartiality, integrity, and
competence.”
Based on the Plaintiff’s interpretation of the Massachusetts Code of Judicial Conduct; and
for reasons stated above - there is cause to (at minimum) question the presiding judge’s:
the Plaintiff shows incremental cause for Judge Howe’s immediate recusal.
V. Ignoring Continued Concerns for the Plaintiff’s Personal Safety and Security
The Plaintiff has historically stated throughout the record his concerns for personal safety
and security, considering the magnitude of legal issues associated with the 2008
Foreclosure Crisis that are perceived to impact: (1) This Commonwealth; (2) The
United States; (3) National Security and potentially (4) Global Financial Markets.
Officers blatantly ignore the law; and Prosecutors refuse to bring criminal
indictments for evidenced criminal complaints, the Plaintiff has every right to be
concerned for his personal safety and security. EVERY COURT, including this
Middlesex Superior Court, has IGNORED the Plaintiff’s evidenced concerns and instead,
has proceeded to literally brush aside ALL motions in order to: (1) reach a CORRUPT
Plaintiff. Therefore, the Plaintiff again shows cause for Judge Howe’s recusal.
VI. Cause for Removal to Federal Court, pursuant to 28 U.S.C. § 1446 – This Court is
already aware that the Plaintiff has filed a motion with the US District Court, calling for
removal of this complaint to the Federal Court. This Court is also aware that the motion was
accepted and docketed in the Federal Court less than two (2) hours after the 7/25 hearing was
recessed. The Plaintiff will next amend the Federal motion, as the evidenced transcript (as
described within) shows cause to expand upon – not only reasons for removal, but also to
amend the original complaint against: (1) Bank Defendants – WELLS FARGO and US
BANK; (2) Defendants – Jeffrey and Isabelle Perkins; and (3) Defendant –
Commonwealth of Massachusetts. The Plaintiff also shows cause to add MERS, Inc., as a
For the reasons stated within, the Plaintiff respectfully calls for the following actions:
2. The Plaintiff has now evidenced for the record, related judicial misconduct throughout
multiple MA State Courts that irrefutably show that the INTEGRITY of this State’s
involving BOTH the Federal and State Judiciary have even been acknowledged by the
United States Supreme Court and yet, are still IGNORED HERE. The Plaintiff no
longer believes it is even possible to receive a fair and impartial judgment in this
3. Based on the Plaintiff’s interpretation of State (and Federal) law, Judge Howe is no
from ruling further in this, or any related litigation. As similarly identified in the related
Federal litigation, any conscious decision to continue ruling AFTER losing jurisdiction
Please be advised, this Middlesex Superior Court civil complaint is related to referenced
Federal litigation and a new complaint now being prepared for filing in The United States
Court of Federal Claims; and includes matters perceived to impact National Security.
Copies of this email will also be made available to the Public and to media outlets nationwide for
documentation purposes and out of continued concerns for my personal safety and security.
If your Honor has ANY questions regarding any portion of this MOTION, or requires additional
information, the Plaintiff is happy to provide upon request. The Plaintiff is grateful for the
Respectfully submitted,
Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
July 28, 2019 Mo.harihar@gmail.com
4
See Exhibit A to review to the 07/28/2019 email communication to the White House.
Exhibit A