No. 18-7752

IN THE 'upremc Court of the Uniteb 'tatc

MOHAN A. HARIHAR Petitioner V.

US BANK NA, et al Respondents

On Petition for a Writ of Certiorari to the Court of Appeals for the First Circuit

SECOND SUPPLEMENTAL BRIEF TO PETITION FOR A WRIT OF CERTIORARI

MOHAN A. p\}J}j* 7124 Avalon Drive Acton, MA 01720 p. (617) 921.2526 *petitioner, Pro Se [email protected] QUESTIONS PRESENTED Whether the March 12, 2019 sworn testimony of the

Respondent -WELLS FARGO (Specifically, its former CEO Tim Sloan), before the House Financial Services Committee conflicts directly with their position taken for

eight (8) years in this litigation - showing cause (at minimum) to expand upon the Petitioner's Rule 60(b) claims?

Whether the newly found Discovery - and what appears as an improper relationship between US Senator Elizabeth Warren (D-MA) and MERS, Inc., shows (at minimum) cause to expand upon claims against

Respondent -Commonwealth of Massachusetts?

Whether the newly found Discovery -and what appears as an improper relationship between Chief Justice and MERS, Inc., shows (at minimum) cause for recusal pursuant to 28 U.S.C. §455(a) and 28 U.S.C. § 144?

Whether the newly found Discovery - and what appears as an improper relationship between Associate Justice Stephen Breyer and MERS, Inc., shows (at minimum) cause for recusal pursuant to 28 U.S.C. §455(a) and 28 U.S.C. § 144?

Whether the newly found Discovery -and what appears

to be an improper relationship between US Attorney - Andrew Lelling (MA) and MERS, Inc., has (at least in part) impacted the Federal Prosecutor's .decision(s) not to bring criminal indictments against the Respondents? Whether collectively, these new discoveries (referenced above) show cause to amend the original complaint and bring incremental claims against The United States in

the related litigation -HARIHAR v THE UNITED STATES, Appeal No. 18-2074 and HARIHAR v HOWARD, et al, Docket No. 18-cv-11134? Whether recent developments in the related Middlesex Superior Court litigation (if left uncorrected) warrants removal to Federal Court, pursuant to 28 U.S. Code § 1446?'

The Petitioner references the Middlesex Superior Court Docket No. 18-cv-00050, HARIHAR v WELLS FARGO. Whether this unopposed Certiorari Petition and newly discovered evidence adds incrementally (at least in part)

to Fed. R. Civ. P. 60(b)(3) -Fraud on the Court claims against all fourteen (14) Respondents? Whether the Petitioner's FOIA request (at minimum) shows cause for further investigation of all parties and referenced judicial officers; including a detailed explanation from the DOJ for its evidenced failure(s)/refusal to bring criminal indictments against named Respondents and Judicial Officers?

TABLE OF CONTENTS Page Questions Presented ...... 1 Table of Authorities...... 3 Opinionsbelow...... 4 Jurisdiction...... 5 Constitutional and Statutory Provisions Involved...... 6 Introduction to Supplement...... 7 Statement of the Case...... 8 Reasons for Granting the Petition...... 16 A. Failure to Grant Certiorari will Evidence a Systemic Breakdown within the Judicial Branch of Government. Conclusion...... 18 Second Supplement Appendix ...... 20 Proof of Service...... 72

2 TABLE OF AUTHORITIES

Cases: Page

Truax v. Corrigan, 257 U.S. 312 (1921)...... 6 Harihar v The United States (1st Circuit 2017) ...... 9, 13, 14,15 Harihar v Howard, et al (1st Circuit, 2018) ...... 9,15 Harihar v Wells Fargo, et al (MA Land Court, 2018) ...... 9 Harihar v Wells Fargo, et al (MA Middlesex Superior Court, 2018) ...... 9,14

Statutes: 28 U.S.C. § 1915 ...... 4,6,7, 16, 18 18 U.S.C. § 1831 ...... 7,18 28 U.S.C. §455(a)...... 5,6,12 28 U.S.C. § 144 ...... 5,6,12 18 U.S.C. Chapter 96 ...... 7 28 U.S.C. 1254(1) ...... 5

Rules Fed. R. Civ. P. 60(b)(2) ...... 1,10 Fed. R. Civ. P. 60(b)(3) ...... 2,8, 10,17, 18 Fed. R. App. P. 33...... 15,17,18 Local Rule 33...... 15,17,18

UNITED STATES CONSTITUTION: ArticleII...... 6,7,18 Article III, Section 3 ...... 5,6,7, 14

3 IN THE 'upremc (court of the Uniteb btateo

No. 18-7752

MOHAN A. HARIHAR - Petitioner

V.

US BANK NA, et al - Respondents

On Petition for a Writ of Certiorari To the United States Court of Appeals For the First Circuit

SECOND SUPPLEMENTAL BRIEF TO PETITION FOR A WRIT OF CERTIORARI

PETITION FOR A WRIT OF CERTIORARI

Mohan A. Harihar respectfully petitions for a writ of certiorari to review the judgment of the United States Court of Appeals for the First Circuit in this case.

OPINIONS BELOW The order list: 586 U.S. (published February 19, 2019) shows an unpublished decision to Application No 18A-554. A separate docket search reveals that the STAY application and request for assistance with the appointment of counsel under 28 U.S.C. § 1915 was denied without cause. JURISDICTION

As a matter of record, more than fifteen (15) judicial officers in both the First Circuit Appeals Court and US District Court of Massachusetts lost jurisdiction for their evidenced failure(s) to uphold Federal Rules of Civil Procedure, their Judicial Oath and the Constitution of The United States. There is no valid argument of record to suggest otherwise. To date, there has been an unprecedented nine (9) recusals from this litigation (combined Federal and State). Formal Treason claims have been brought against ten (10) judicial officers under ARTICLE III, Section 3 for continuing to Rule after jurisdiction had been lost.

The jurisdiction of this Court is invoked under 28 U.S.C. 1254(1). However, following: (1) the unpublished denial to Application No. 18A554 dated February 19, 2019; (2) the evidenced claims expressed in the first supplement (filed March 9, 2019); and (3) new discoveries referenced in this second supplement, the jurisdiction of each Justice and the integrity of this court has been called into question.

The Petitioner has just recently discovered new evidence that reveals what appears to be improper relationships involving properties owned by Chief Justice John Roberts, Associate Justice Stephen Breyer

and MERS, Inc. -a named Defendant in the related 1VIA state litigation.2 The Petitioner believes that the Mortgage Fraud Audit that revealed these new discoveries (at minimum) impacts jurisdiction, warranting disqualification and the immediate recusal of Chief Justice Roberts and Justice Breyer, pursuant to 28 U.S.C. §455(a) and/or 28 U.S.C. § 144. Any objective observer would agree.

The Petitioner respectfully reminds this Court that he is not a legal expert and has virtually no legal

2 The Petitioner references HARIHAR v WELLS FARGO, et al, Middlesex Superior Court Docket No. 198 1-cv-00050. 5 experience aside from this litigation. Collectively, the complexity of legal issues described (1) Mr. Harihar's Certiorari Petition; (2) First Supplement; and now (3) this Second Supplement is so great - the appointment of counsel under 28 U.S.C. §1915 should be granted without any further, unnecessary judicial delay. Based on the Petitioner's interpretation of the law, any failure to uphold this "textbook" example for appointing counsel will similarly impact jurisdiction, warranting (at minimum) immediate disqualification/recusal under 28 U.S.C. §455(a) and 28 U.S.C. § 144.

The Petitioner respectfully states that all jurisdiction issues must be resolved prior to ruling on Certiorari Petition 18-7752. Considering the severity of evidenced claims against judicial officers of this Court, clarification is requested for the record - in the event that these issues remain unresolved and it becomes necessary to inform/update both Congress and the Executive Branch under ARTICLE's II and III.

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

Under both the Fifth and Fourteenth Amendments to the U.S. Constitution, neither the federal government nor state governments may deprive any person "of life, liberty, or property without due process of law." A similar due process provision was found in the Magna Charta, as well as early state constitutions. Chief Justice explained the purpose behind the clauses in Truax v. Corrigan (1921) as follows: "The due process clause requires that every man shall have the protection of his day in court, and the benefit of the general law, a law which hears before it condemns, which proceeds not arbitrarily or capriciously, but upon inquiry, and renders judgment only after trial, so that every citizen shall hold his life, liberty, property and immunities under the protection of the general rules which govern society. It, of course, tends to secure equality of law in the sense that it makes a required minimum of protection for every one's right of life, liberty, and property, which the Congress or the Legislature may not withhold."

Additional Constitutional and Statutory Provisions apply (including Articles II and III), considering: (1) the evidenced (and unopposed) claims raised against judicial

officers -including Treason; (2) matters perceived to

impact National Security; (3) Economic Espionage - 18 U.S.C. § 1831; (4) RICO -18 U.S.C. Chapter 96 and other evidenced claims. In the interest of judicial economy and to fully comprehend the full scope of legal issues involved, the Petitioner respectfully re-states that the totality of complex legal issues associated with this litigation warrants the appointment of counsel under 28 U.S.C. §1915.

INTRODUCTION TO THE SECOND SUPPLEMENT

Since filing the Petition for Certiorari on January 28, 2019, there continues to be new discoveries and incremental activity in related (lower court) litigation that warrants this second supplement. New discoveries

include: (1) Sworn testimony by the Respondent -Wells Fargo CEO (now former) Tim Sloan, who appeared before the House Financial Services Committee on March 12, 2019; (2) The appearance of an improper relationship between MERS Inc. and properties believed to be owned by Chief Justice John Roberts, Justice Stephen Breyer, US Attorney Andrew Lelling (MA) and US Senator Elizabeth Warren (D-MA); (3) incremental judicial misconduct associated with related litigation in the (9th) Middlesex Superior Court (MA) -bringing the ninth recusal of a judicial officer related to this litigation (combined federal and state)3 and (4) a newly filed FOIA request filed with the Office of the Attorney General.

To date, there have been a total of nine (9) judicial recusals associated with this litigation

- eight (8) federal judges and one (1) MA state judge. They include: (1) US District Court Judge Allison Dale Burroughs; (2) US First Circuit Judge Sandra L. Lynch; and recusals

(3) -(8) Circuit Judges Juan R. Torruella, William J. Kayatta and David J. Barron - TWO (2) sua sponte recusals from HARIHAR v US BANK et al (Appeal No. 17-1381) and HARIHAR v THE UNITED STATES, Appeal No. 17-2074; and (9) Middlesex Superior

Court Judge -Kenneth J. Fishman (MA).

7 The Court is respectfully reminded that the Respondents were given until March 7, 2019 to file their response/opposition to this Petition. However, not one (1) of the fourteen respondents filed a response with this Court. This is substantial considering one (1) of the primary claims against the Respondents is Fraud upon

the Court, pursuant to Fed. R. Civ. P. 60(b)(3) -a claim which historically remains unopposed.

STATEMENT OF THE CASE

Pursuant to Supreme Court Rule 15(8) the Petitioner respectfully adds a second supplement to his Petition for Certiorari, filed on January 28, 2019.

New evidence, pursuant to Fed. R. Civ. P. 60(b)(2) -has

now surfaced with the sworn testimony of the Respondent -

Wells Fargo, specifically, (now former) CEO - Tim Sloan, before the House Financial Services Committee on March

12, 2019. In his testimony - which included an admission to mortgage-related abuses, Mr. Sloan states that his company has reached out to every customer in an effort to resolve these issues. This testimony clearly contradicts what has been evidenced in this (and all related State/Federal) litigation over the past eight (8) years. As evidenced by the record, Wells Fargo has never once "reached out" to Mr. Harihar in effort to resolve a single issue related to these admitted mortgage abuses associated with his Property. In

fact, it is the Petitioner who has in Good Faith -repeatedly extended opportunities to Wells Fargo (and to all Respondents) to seek a mutual agreement, only to be ignored.

In a statement released Thursday, March 14, 2019 by the House Financial Services Committee, Chairwoman Maxine Waters (D-CA) stated the following:

"It was very clear from Mr. Sloan testimony that Wells Fargo has failed to clean up its act." Remarkably, following his testimony, the OCCpublidy rebuked Wells Fargo, citing the bank's 'inability to execute effective corporate governance.'

This Court is respectfully reminded that as a matter of record: (1) the Department of Justice (DOJ); (2) Massachusetts Office of the Attorney General (MA AGO); and (3) Federal Bank Regulators, specifically, the 0CC4 have all identified these mortgage abuses, recognizing Mr. Harihar's Property as an illegal foreclosure.

While jurisdiction remains an issue here, this new evidenced testimony shows cause to again amend all related State/Federal complaints and justifies filing a second supplement to this Petition.5

On March 20, 2019, the Respondent - Wells Fargo reached an agreement to pay more than $13 million to settle a pending class-action lawsuit (originating in North Carolina) that accused the bank of "improperly" modifying the mortgages of borrowers who had declared bankruptcy. The settlement comes on the heels of Wells Fargo CEO Tim Sloan's referenced testimony over the bank's run of scandals that include egregious mortgage abuses. Last year, the bank revealed that an error in its mortgage underwriting software led to hundreds of improperly denied mortgage modifications for borrowers facing foreclosure over a five- year period. This court is respectfully reminded that as a matter of record, the Plaintiff has for eight (8) years brought this Wells Fargo "ERROR" or "GLITCH" to the attention of

every State and Federal docket related to this litigation - only to be ignored. On Thursday, March 28, 2019, National headlines

announced - Wells Fargo CEO Tim Sloan steps down as bank struggles to get past scandals.

4 The Office of the Comptroller of the Currency (0CC) is an independent bureau within the United States Department of the Treasury that was established by the National Currency Act of 1863 and serves to charter, regulate, and supervise all national banks and thrift institutions and the federally licensed branches and agencies of foreign banks in the United States. The Comptroller of the Currency is Joseph Otting. Reference to related State/Federal litigation includes: (1) US District Court Middlesex Superior Court Docket No. 1181-CV-04499 (2) Northeast Housing Court Docket No. 11H77SP3032; (3) MA Land Court Docket No. 18MISC000 144; (4) Federal Appeal No. 17- 2074, HARIHAR v THE UNITED STATES (First Circuit); and (5) HARIHAR v HOWARD, et al, Docket No. 18-cv-11134 (US District Court, Boston, MA).

Wei "We have more work to do and that is an ongoing commitment by all of Wells Fargo's 260,000 team members

-starting with me -to put our custom ers'needs first, to act with honesty, integrity and accountability, and to strive to be the best bank in America, "Sloan told the House committee.

The Plaintiff is certain that collectively, this eight (8) year litigation has (at least in part) contributed to the Mr. Sloan's

decision to resign. To be clear -since the Respondents have refused to even discuss opportunities to reach a mutual agreement, these latest developments involving Wells Fargo, combined with the plethora of evidence that already

supports all of the Plaintiff's consistent claims of record - show cause for this Court to: (1) finally recognize past erred judgements by the lower courts; and (2) initiate corrective action. Furthermore, based on the sworn testimony of Mr. Sloan, the Plaintiff shows cause to expand upon (or to file a new) claim(s) of Fraud on the Court against the Respondent

-Wells Fargo and representing counsel of record -David E. Fialkow, Esq., pursuant to Fed. R. Civ P. 60(b)(3).6 5. New evidence surfaced from a mortgage fraud audit on Thursday, March 28, 2019, revealing what appears to be an improper relationship between MERS Inc.7 and properties believed to be owned by US Senator (and 2020 Presidential Candidate) Elizabeth Warren (D-MA)8:

'fA WylerOne MERS Mortgage Fraud Audit TM reveals too many "Phantom Mortgage Accounts" on this Cambridge, MA residence believed to be owned by US Senator (MA) and 2020 Presidential Candidate, Elizabeth Warren. So many mortgage accounts that the MERS Database can 'tpull them

6 The Petitioner has similarly brought an incremental Fraud on the Court claim in the related State litigation, pursuant to Mass. R. Civ. P. 60(b)(3). 7 MERS, Inc. is a Defendant in the related State litigation proceeding in the Middlesex Superior Court (MA). Despite the Petitioner's efforts to inform the First Circuit Appeals Court of new evidence under Fed. R. Civ. P. 60(b)(2), the Inferior, Replacement Circuit Panel issued a (void) order instructing the Clerk to disallow any future filings, including new evidence. 8 See Exhibit 1. References the Cambridge, MA residence believed to be owned by US Senator (MA) and 2020 Presidential Candidate, Elizabeth Warren. 10 all up. (More than 20 mortgages will reveal an "EXCEEDS" in the MERS Database.) Notice, it is a corner lot which means there may be even more concealed "shadow mortgages" on this property. We have seen this pattern before on Congressman, Dave Trott's home in Birmingham, Michigan and Linda Orlan home also in Birmingham, MI.

(Owner of Orlans PC) - both owners ofForeclosure Mills that are under Federal Investigation."

There are many who suspect that the referenced Federal investigation involving MERS, Inc. -and its creation (at least in part) relates to money laundering on a global scale. (It is the Petitioner's understanding that MERS has just been purchased by the Intercontinental Exchange known as ICE.)

At minimum, this newly discovery relationship shows cause: (1) for further investigation regarding this relationship between Senator Warren and MERS, Inc. and (2) to expand upon arguments of nonfeasance by legislative leaders in the Commonwealth of Massachusetts, including Senator Warren. As a matter of record, the Petitioner has evidenced the Senator Warren's clear refusal to acknowledge and address systemic failures within: (1) the Judicial branch of government (State and Federal); and (2) the Executive branch of government -referencing specifically, the refusal(s) by State/Federal Prosecutors to bring criminal indictments as it relates to the Plaintiff's filed criminal complaints of record.

Through the years -including recent days, Senator Warren has been quite vocal on the corruption that exists within

Wallstreet and Big Banks - specifically, the Respondent - WELLS FARGO. However, it remains unclear as to why Senator Warren has remained completely silent on a nationally recognized, multibillion- dollar lawsuit that exposes this corruption - within banking and government in her own state of Massachusetts. For years (and as a matter of record), the Plaintiff has regularly updated Senator

Warren directly, via: (1) email communication -a majority

11 of which are part of the historical record9; (2) social media (Facebook/Twitter); and (3) by phone to her Boston/Washington D.C. offices, only to be ignored. As a matter of record, Mr. Harihar successfully presented his IP/Trade Secret to Senator Warren's Senior Economic

Advisor -Bruno Freitas.'° The Plaintiff believes: (1) this

improper relationship with the Defendant - MERS, Inc. combined with (2) evidenced RICO claims involving the Commonwealth has (at least in part) played a role in the Senator's nonfeasance. 6. New evidence has similarly surfaced from a mortgage fraud audit on Thursday, April 6, 2019, revealing what appears to be improper relationships between MERS Inc. and properties believed to owned by Chief Justice John Roberts" and separately, by Associate Justice Stephen Breyer.12 Furthermore, it is believed that the mortgage associated with the Chief Justice's property is held by the Respondent

- WELLS FARGO.

At minimum, these new discoveries show cause for recusal pursuant to 28 U.S.C. §455(a) and 28 U.S.C. § 144. The Petitioner believes that these improper relationships may have influenced Justice Breyer's decision to deny STAY Application 18A554, on November 27, 2018.13 This Court's denial of STAY Application 18A554 again on February 19, 2019 is addressed in the first supplement, filed March 9, 2019. In the first supplement, the Petitioner has requested

The Petitioner references the following email address, believed to belong to US Senator Elizabeth Warren: elizabeth [email protected] . 10 The Petitioner references his IP (Intellectual Property)/Trade Secret known as the "}TARIHAR FCS MODEL". 11 See Exhibit 2. According to public records, this is one (1) of the homes owned by US Supreme Court Justice, John Roberts. A WylerOne Mortgage Fraud Auditm reveals multiple mortgages have been registered on this address according to MERS PUBLIC records. 12 See Exhibit 3. Similarly, according to public records, this property appears to be owned by Justice Stephen Breyer. The MERS Database has registered an Unknown Number of what are believed to be "Fake" or "Shadow" Mortgage Accounts" on Justice Breyer's property. 13 The Court is respectfully reminded that a formal judicial misconduct complaint was brought against Justice Stephen Breyer, after exemplifying an identical pattern of corrupt conduct to that evidenced by judicial officers in the lower court(s). On December 3, 2019, the Petitioner delivered a letter to Chief Justice Roberts, informing him of the misconduct complaint against Justice Breyer. See Exhibit 4. 12 clarification - as to whether the second denial of Petition 18A554 was a unanimous or majority decision. In either scenario, IF Chief Justice Roberts and/or Justice Breyer voted to DENY the STAY Application, the argument can be made that these improper relationships with MERS and the

Respondent - WELLS FARGO may have (at least in part) influenced their decision(s), thus warranting recusal. Based on Mr. Harihar's interpretation of the law, this latest

discovery - coupled with the erred denial of STAY Application 18A554, calls now for the disqualification of Chief Justice Roberts and Justice Breyer from ruling further on this Petition, or any related litigation. Any objective observer would agree. 7. On April 7, 2019, a new discovery was brought to the attention of the Petitioner involving US Attorney Andrew Lelling (MA)14:

"A WylerOne MERSMortgage Fraud Audit 'reveals severalActive Mortgage Accounts in MERS that appear to reconcile with the public courthouse records. Three active mortgages with JP Morgan Chase, Provident, and Quicken Loans are suspect. His mortgage appears to be a NON brokered Fannie/Freddie Mortgage with MERS.... A deeper dive on these two audits needs to be reviewed by multiple Federal Agencies. TCR Submission Number TCR 1396287669244."

As a respectful reminder, this court is already aware that as a matter of record, evidenced criminal complaints have long been filed with the FBI and DOJ against all named Respondents. However, Federal Prosecutors have (for reasons unknown) refused to bring criminal indictments. This (in part) is the reason why the Petitioner necessarily filed a separate lawsuit (as required by federal law) against The United States for violations which include (but are not limited to) RICO, Color of Law and Due Process violations.15

14 See Exhibit 5 15 The Petitioner references HARIHAR v THE UNITED STATES, Appeal No. 17-2074. As a reminder, this appeal included the recusal of the initial Circuit Panel, Circuit Judges: Barron, Kayatta and Torruella. The replacement Circuit Panel, consisting of: Chief Judge Howard, Circuit Judge Lipez and Circuit Judge Thompson is similarly considered as 13 This court is respectfully reminded that this newly discovered relationship with MERS Inc. is not the only improper relationship of record involving the US Attorney's Office (MA). The Petitioner restates that an improper relationship has long been evidenced involving the US Attorney's Office (MA), the MA Attorney General's Office,

and former Bank attorneys for the Respondents -WELLS

FARGO and US BANK -referencing the WestEdLegal course entitled, "After the Bubble Bursts' Collectively, these improper relationships involving the US Attorney's Office (MA) and US Attorney Lelling himself are believed to contribute (at least in part) to nonfeasance claims against the Executive Branch.16

In the related state litigation -proceeding in the Middlesex Superior Court (MA, Docket No. 1981-CV-00050), identical patterns of corrupt conduct have now called for the recusal

of presiding Judge Kenneth J Fishman - who exemplified unnecessary judicial delay by refusing to clarify the Court's jurisdiction and the void transfer order originating from the MA Land Court. On March 19, 2019, Judge Fishman issued an order, scheduling a Rule 16 Conference of all parties. However, there was no reference to jurisdiction issues. Therefore, based on Mr. Harihar's interpretation of the law, the order is considered void, as it is believed to have been issued without jurisdiction. By issuing the order, Judge Fishman is considered to have "Warred against the

Constitution" - an act of TREASON under ARTICLE III, Section 3. As required by Federal law (and as a matter of record), the Petitioner notified: (1) The Middlesex Superior Court; (2) Charlie Baker (R-MA); and (3) President Trump (via www.whitehouse .gov). On April 2, 2019, a new discovery revealed what appears to be an improper relationship involving a property owned by

Judge Fishman and the Defendant -MERS, Inc. A WylerOne MERS Mortgage Fraud AuditTM reveals what appears to be counterfeit or "shadow" mortgage accounts

inferior, for exemplifying the same identical pattern of corrupt conduct as the initial panel. Therefore, the dismissal order associated with Appeal No. 17-2074 is considered VOID. 16 See Exhibit 6, to view the February 17, 2019 email.delivered to Massachusetts Governor Charlie Baker (R-MA), followed by the evidenced improper relationship, "After the Bubble Bursts" that justifies the Petitioner's RICO claim. 14 Registered in MERS and how they are distributed by property address on the ENTIRE street of Clematis Rd in Lexington, 1\/IA 17 On April 4, 2019, an Order was issued by the Superior Court, indicating a date change for the Rule 16 Conference

to April 24, 2019 -and what appears to be the recusal of Judge Fishman, with the announcement of the Hon. Judge Maureen Hogan presiding. Again, there was no reference to jurisdiction issues. Collectively, the Petitioner's evidenced claims against the Respondents and (Federal/State) Judicial Officers indicate what appears as the intention (at least in part) to ultimately: (1) Avoid setting legal for all parties negatively impacted by illegal foreclosure; (2) Critically damage the Petitioner's Intellectual Property/Trade Secret,

known as the "HARIHAR FCS MODEL" - designed to deliver substantial economic growth to the Commonwealth and The United States (including substantial relief to illegally foreclosed homeowners Nationwide); and (3) Cause

greater harm and damages to the Plaintiff -Mohan A. Harihar. A FOIA (Freedom of Information Act) Request has just been filed with the Office of the Attorney General on April 8, 201918, requesting the following information ALL records which led to the decision not to bring criminal indictments for criminal complaints officially filed by Mohan A. Harihar with the FBI and DOJ. These evidenced allegations are directly associated with the following civil complaints: (1) HARIHAR v US BANK et al, SCOTUS Certiorari Petition No. 18- 7752; (2) HARIHAR v THE UNITED STATES, Appeal No. 17-2074; and (3) HARIHAR v HOWARD, Docket No. 18-cv-11134 ALL records involving mortgage-related abuses by

Mortgage Servicer/Bank lenders - WELLS FARGO and US BANK NA (as Trustee); ALL records involving securitization issues/

infractions associated with the RMBS Trust - CMLTI IIII'

17 See Exhibit 7. 18 See Exhibit 8. 15 d. ALL records showing results of the investigation into the double funding/double pledging of mortgage loans originated by Wyler Mortgage Group, LLC and all information regarding the Whistleblower Investigation No. TCR1396287669244. Please note, several audits of MERS conducted by Ms. Wyler are associated with SCOTUS Certiorari Petition No. 18- 7752.

13. It bears repeating where - if this Court reconsiders its decision and grants both a STAY of judgement and assistance with the appointment of counsel, there would then be an opportunity to explore the First Circuit's Civil Appeals Management Plan (CAMP), governed by Rule 33 of the Federal Rules of Appellate Procedure and First Circuit Local Rule 33.0. Local Rule 33.0 mandates alternative dispute resolution of all civil appeals. The purpose of the CAMP program is to provide a confidential forum in which to promote settlement where feasible, simplify the issues on appeal, and address procedural questions and any other matters that may assist in the disposition of the proceeding. Since the Petitioner has repeatedly (and wrongfully) been denied assistance under 28 U.S.C. §1915, the CAMP program was previously not an available option. The Petitioner respectfully reminds the Court that he has in Good Faith, historically offered multiple opportunities to the opposing parties in an effort to reach a mutual agreement. Opposing parties have either denied or ignored all of the Petitioner's efforts. At minimum, exploring the CAMP option would certainly aid with judicial economy moving forward.

REASONS FOR GRANTING THE PETITION

A. Upon Review of this Certiorari Petition and its Two (2)

Supplements - a Failure to Ultimately Grant Certiorari will Undoubtedly Confirm a Systemic Breakdown within Every

Level of the Federal (and State) Judiciary(s) - Including this United States Supreme Court.

The Court is respectfully reminded that number one (1) reason for granting Certiorari is the UNOPPOSED Fraud on the Court

16 claim under Fed. R. Civ. P. 60(b)(3). The record shows that this irrefutable fact has been completely ignored by every presiding judge, dating back to the District Court and which ultimately led to the recusal of inferior Judge Allison Dale Burroughs. It remains unclear as to why the District Court never voided the Dismissal (and every other) order, following Judge Burroughs' recusal.

Even if (1) Application No. 18A554 is granted; (2) the Petitioner is assigned counsel; and (3) all parties enter in to

mediation under Fed. R. App. P. 33 -it is the Petitioner's understanding that he is still under no obligation to reach an agreement, considering the unopposed Fraud on the Court claim(s) and what must result in a Default judgement in favor of the Petitioner, with prejudice. However, the Petitioner is aware that in a $42B lawsuit, a default judgement stands to bring severe financial consequences to all Respondents. The Petitioner makes clear that it has never been his intention to bankrupt the Commonwealth or to potentially disrupt financial markets. In fact, the Petitioner has evidenced that his IP/Trade

Secret was created to accomplish just the opposite -ultimately providing a beneficial solution for: (1) all parties; (2) the government; (3) this Nation's Economy; and (4) illegally foreclosed homeowners Nationwide. As a sign of his continued Good Faith, Mr. Harihar 1\/IAY be willing to consider entering into an agreement on the civil portions of this complaint. 19

However, if ultimately a mutual agreement is not reached through the CAMP program, this Court must grant Certiorari.

19 The Court and the Respondents are reminded that if the parties are unable to reach a mutual agreement, the dollar amount for damages is currently set at one percent (1%) of the estimated value of the Petitioner's Intellectual Property/Trade Secret, $42B.

17 CONCLUSION

For the foregoing reasons, the Petitioner -Mohan A. Harihar respectfully states that Chief Justice John Roberts and Justice Stephen Breyer are considered to have lost jurisdiction and are disqualified from ruling further in this litigation. Moving forward, this Court should first: (1) Re-establish jurisdiction, recognizing grounds for recusal and potentially, removal under ARTICLE II, where applicable; (2) Once jurisdiction has been re-established, this Court should re-consider its decision and grant Application No. 18A554; (3) Once the STAY of judgement is initiated and the Petitioner has successfully been appointed counsel under 28 U.S.C. §1915, there would then be an opportunity to explore the First Circuit's Civil Appeals Management Plan (CAMP), governed by Rule 33 of the Federal Rules of Appellate Procedure and First Circuit Local Rule 33.0. (4) Provide the requested Clarification for the record, including subpoenas for the purpose of investigating referenced MERS Fraud audit820;

If efforts to reach a mutual agreement through the CAMP program prove to be unsuccessful, the Petition for Writ of

Certiorari should be granted - at minimum, based on the unopposed Fraud on the Court claims(s) under Fed. R. Civ. P. 60(b)(3).

If however, after re-establishing jurisdiction and following a thorough review of the historical record, this Supreme Court fails to acknowledge and re-affirm any of the Petitioner's evidenced claims, confirmation of a failed judicial system will be evidenced by The United States of America. The Petitioner believes he will then be compelled to bring this matter to the attention of President Trump and the members of Congress. Please be advised, based on the Petitioner's interpretation of Federal Law, and considering a portion of his evidenced claims pertain to: (1) Criminal misconduct involving judicial officers;

(2) Economic Espionage - 18 U.S.C. § 1831 (3) Criminal SEC

20 Subpoenas are necessary to learn who funded and registered referenced MERS accounts, including the MERS Employee associated with registering the account. The first seven digits of the MIN (MERS Identification Number) reveals the identity of who registered that account.

113 violations; and (4) matters believed to impact National! Homeland Security, copies of this Certiorari Petition are necessarily delivered (via US Mail, E-mail and/or social media) to: POTUS; Department of Homeland Security (DHS) US Secret Service;

US Inspector General - Michael Horowitz;

SEC Chairman - Jay Clayton; US Attorney General William Barr;

Admin. Office of US Courts -Director James C. Duff, US Attorney Andrew Lelling (MA); Chairman Lindsey Graham (R-SC) Senate Judiciary Committee; The Honorable Jerrold Nadler (D-NY) House Judiciary Committee; Governor Charlie Baker (R-MA); US Senator Elizabeth Warren (D-MA); US Senator Ed Markey (D-MA); and US Congresswoman Lori Trahan (D-MA) A copy will also be made available to the Public and to media outlets nationwide out of continued concerns for the Petitioner's personal safety and security. If this Court has questions regarding any portion of this Petition, or requires additional information, the Petitioner is happy to provide upon request.

R?_fpVctful1j submitted.

n A. Harihar £' fPetitioner - Pro Se 7124 Avalon Drive Acton, 1VIA 01720 p. (617) 921.2526 [email protected]

19