Professional Documents
Culture Documents
)
MOHAN A. HARIHAR, )
)
Appellant )
) Case No. 17-1381
v. )
)
US BANK NA, et al )
)
Defendants/Appellees )
)
Disclosure Statement of the Plaintiff - The Plaintiff respectfully prefaces this REPLY with the
The gravity of serious legal issues addressed in this Appeal and in the RELATED complaint
against The United States,1 include (but are not limited to) evidenced allegations of TREASON
under ARTICLE III Section 3 of the Constitution, Economic Espionage pursuant to 18 U.S.C.
1832 and is believed to impact matters of National Security. Therefore, copies of this filed
REPLY are sent via email, social media and/or certified mail to: The Executive Office of the
President (EOP), the US Inspector General - Michael Horowitz, US Attorney General - Jeff
Sessions, members of the US Senate and House of Representatives, the House Judiciary
1
The related complaint references HARIHAR v. THE UNITED STATES, Docket No. 17-cv-
11109.
Case: 17-1381 Document: 00117204790 Page: 2 Date Filed: 09/24/2017 Entry ID: 6121953
Committee, and to the Federal Bureau of Investigation (FBI). A copy will also be made
evidenced acts of misconduct (alleged). Parties are additionally informed for documentation
purposes, and out of the Appellants continued concerns for personal safety/security.
After reviewing three (3) separate documents filed by Appellees/Defendants opposing a Default
Judgement2, the Appellant Mohan A. Harihar respectfully disagrees, and necessarily files this
First, the Appellant identifies common factors with ALL three (3) pieces of opposition which
BOTH in the lower court docket AND AGAIN here in THIS APPEAL. These
evidenced claims are well articulated within the record(s), and irrefutable. It would
appear (at least on its surface) that Appellees/ Defendants expect this Court to similarly
ignore Federal Rules, and what MUST result in a DEFAULT JUDGEMENT and
2
On September 17, 2017, Opposition to Default Judgement was filed by 1.) Appellees/
Defendants David E. Fialkow and Jeffrey S. Patterson and 2.) Appellees/Defendants Wells
Fargo Bank., N.A. (Wells Fargo), U.S. Bank National Association, as Indenture Trustee for
CMLTI 2006 AR-11 (U.S. Bank), and K&L Gates LLP together with Appellees Jeffrey
Perkins and Isabelle Perkins, Mary Daher, Ken Daher, Daher Companies, Peter Haley, Nelson
Mullins Riley & Scarborough LLP, Harmon Law Offices, P.C., and Kurt R. McHugh. On
September 21, 2017, a third Opposition was filed by Appellee/Defendants Commonwealth of
Massachusetts and Martha Coakley.
Case: 17-1381 Document: 00117204790 Page: 3 Date Filed: 09/24/2017 Entry ID: 6121953
PREJUDICE is even needed here. ANY FAILURE by this Court to uphold Federal
JURISDICTION concerns of the Appellant, 2.) Show additional cause for TRANSFER
considered VOID, based on the RECUSAL of Judge Allison Dale Burroughs from the
11109. For reasons clearly articulated within the record, the Appellant RE-STATES that
the dismissal order (and ALL OTHER ORDERS) related to THIS APPEAL, by law
ARGUMENT that shows otherwise, and their continued efforts to reference these void
orders should be stricken from the record. Furthermore, the INACTION thus far by both
the District Court AND this Appeals Court to address the referenced recusal continues to
concerns, 3.) calls for RECUSAL, and 4.) the INTERVENTION of Congress.
September 13, 2017. The Appellant has clearly articulated as part of the record - the
Chief Justice Howard and Judge Kayatta. Therefore, the orders referenced by Appellees
granting an extension of time to file their briefs are considered VOID. NO VALID
ARGUMENT has been provided to show otherwise, and the Court is respectfully
reminded that judicial misconduct claims against referenced judges include TREASON
Case: 17-1381 Document: 00117204790 Page: 4 Date Filed: 09/24/2017 Entry ID: 6121953
Therefore, the applications of Fed. R. App. P. 31 (c) and 1st Cir. R. 45.0 (b) are
considered properly applied, where an Appellee who fails to file a brief will not be heard
The Appellant additionally addresses issues within each of the three (3) documents separately:
a. The Appellant has clearly articulated within the record, valid arguments
which confirm that David E. Fialkow and Jeffrey S. Patterson are Appellees to
and in the lower Court the list of erred judgments associated with this
criminal, and professional claims against these two (2) attorneys now includes
a. For reasons clearly stated within the record, the August 31, 2017 order by
JURISDICTION, 2.) VOID and 3.) an ACT of TREASON under Article III
dispute, challenge, or question the Appellants claim of the VOID order prior
DEFAULT.
support of his Demand but, to the extent he has, the Demand should be
Court.
the Appellees have been diligently defending their victory in the district court by
time well before their brief was due, and by routinely checking in with the clerk
Prior to running a victory lap, these Appellees are reminded of the following:
a. The September 19, 2017 order by Judge Kayatta granting a timeline extension
2.) VOID, and 3.) An ACT of TREASON under ARTICLE III of the
Constitution.
d. The Court is respectfully reminded that aside from UNOPPOSED Fraud on the
2382 (two (2) counts each) and Economic Espionage pursuant to 18 U.S.C.
1832.
Finally, the record clearly shows that ALL Appellees/Defendants have generously been afforded
MULTIPLE opportunities to reach mutual agreement and have refused to do so. Therefore, the
PROFESSIONAL penalties against ALL PARTIES, in a venue where jurisdiction, and the
ability to reach a JUST outcome is not in question. Therefore, the Appellant clearly stands by his
If there is a question regarding ANY portion of this REPLY, the Appellant is happy to provide
Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
Case: 17-1381 Document: 00117204790 Page: 8 Date Filed: 09/24/2017 Entry ID: 6121953
CERTIFICATE OF SERVICE
I hereby certify that on September 24, 2017 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