IN THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

)
MOHAN A. HARIHAR, )
)
Plaintiff/Appellant, )
) Case No. 17-1381
v. )
)
US BANK, et al )
)
Defendants/Appellees. )
)

APPELLANT MOTION TO EXPAND UPON CLAIMS AGAINST APPELLEES -

COMMONWEALTH OF MASSACHUSETTS, US BANK NA AND DEFENDANT –
DAVID E. FIALKOW, ESQ.

The Appellant – MOHAN A. HARIHAR, acting pro se, respectfully files this Motion based (in

part) on the latest (in)action exemplified by Appellant – Commonwealth of Massachusetts. On

Monday, July 2, 2018, the Appellant informed MA Attorney General MAURA HEALEY -

and also representing counsel for the Commonwealth, Assistant AG JESSE M. BOODOO, of

a hearing scheduled for Monday, July 9, 2018, in the Northeast Housing Court (Middlesex

Superior Court - Lowell, MA, Case No. 11-SP-3032).1 The purpose for scheduling the hearing

1
See Exhibit 1 to view the 7/2/18 email to AG Healey, followed by the initial 5/23/18 email.
Please note, parties copied on the email included: Governor Charlie Baker (R-MA); US
Senator Elizabeth Warren (D-MA); US Senator Ed Markey (D-MA); US Congresswoman
Niki Tsongas (D-MA); The Office of the US Inspector General; the FBI; the US Attorney’s
Office (MA), including Asst. US Attorney Mary Murrane, counsel for the Appellee in the
related Federal Appeal No. 17-2074, HARIHAR v. THE UNITED STATES. A separate email
was also sent to the White House, specifically to the attention of POTUS.
was to vacate the existing judgment involving Mr. Harihar’s Foreclosure and restore the case,

considering the evidenced Fraud on the Court claim that was discovered in the Federal Court

(pursuant to Fed. R. Civ. P. 60(b)(3)). By restoring the case in the Housing Court, the intention

was not only to reverse the initial judgment – in favor of Mr. Harihar, but also for State

Prosecutors to bring criminal charges against the Appellant, US BANK NA (Plaintiff in the

referenced Housing Court case). In his email to AG Healey, Mr. Harihar requested that a

representative from the MA AGO appear before the Housing Court on July 9th to formally

address these issues, enjoining Mr. Harihar’s civil claims with criminal charges. However, no

one from the MA AGO appeared at the referenced Housing Court hearing on July 9th; and

Mr. Harihar received no communication from the MA AGO excusing them from appearing

before the Court. Mr. Harihar placed a follow-up phone call to the MA AGO on July 10, 2018,

to inquire about the failed appearance, but has not received a return phone call since. Based on

these facts, it seems clear to this Appellant that the Commonwealth STILL has NO

INTENTION to bring ANY criminal charges for evidenced crimes related to his Foreclosure.

Next, the Appellant brings to the Court’s attention – incremental efforts by Appellee US BANK

and Appellee/Defendant David E. Fialkow to deceive MA State Courts, and ultimately this First

Circuit Appellate Court. In three (3) separate MA Courts – the MA Land Court, the Middlesex

Superior Court and most recently at the July 9, 2018 hearing before the Northeast Housing

Court, these parties have stated under oath that they have consistently filed specific opposition to

Mr. Harihar’s Fraud on the Court claim(s). As a matter of State and Federal record, this is

FACTUALLY FALSE. To this very day - NOWHERE in the record(s) is there an opposing

argument (by Appellees/Defendants) that speaks to the Appellant’s 60(b) claim involving
the securitization failure of the referenced RMBS Trust, CMLTI 2006 AR-1. Efforts to now

further deceive these MA State Courts shows cause to expand upon State - Fraud on the Court

Claims (Mass. Civ. R. Proc. 60(b)(3). Ultimately, if the State Judiciary (and State Prosecutors)

fails to hold these parties accountable for these crimes, there becomes an increased risk for this

Appellant to incur further damage in this federal litigation.

THEREFORE, the Appellant shows cause to expand upon existing claims here against the

Appellee - Commonwealth of Massachusetts including (but not limited to):

1. Deprivation of Rights under Color of Law, Title 18, U.S.C., Section 242

2. Conspiracy Against Rights, Title 18, U.S.C., Section 241

3. Due Process Violations

4. Civil RICO, 18 U.S. Code § 1964

5. Economic Espionage 18 U.S.C. § 1832;

Due to the ever-growing complexity of issues, the Appellant continues to show valid cause for

this Court to assist him with acquiring experienced counsel pursuant to 28 U.S.C. §1915.

This Court ALREADY has overwhelming evidence to bring a DEFAULT judgment (with

prejudice) against ALL Appellees/Defendants. This latest discovery should bring incremental

civil, criminal and professional penalties (including disbarment) against referenced parties. The

Appellant – MOHAN A. HARIHAR, should NO LONGER have to incur any ADDITIONAL

HARDSHIP or UNNECESSARY DELAY in bringing a just resolution to this litigation – in

HIS favor, with prejudice.

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

confirmation of its receipt is attached (See Exhibit 2) 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, in a separate hearing and with

the presence of an independent court reporter. The Appellant is grateful for the Court’s

consideration to initiate corrective action in this matter.

Respectfully submitted this 11th Day of July, 2018.

Mohan A. Harihar
Appellant
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
Exhibit 1
---------- Forwarded message ----------
From: Mohan Harihar <moharihar@gmail.com>
Date: Mon, Jul 2, 2018 at 1:05 PM
Subject: Northeast Housing Court - Monday, July 9, 2018
To: maura.healey@state.ma.us
Cc: "Constituent.services@state.ma.us" <constituent.services@state.ma.us>,
NewYorkComplaints Dojoig <dojoig.newyorkcomplaints@usdoj.gov>,
washington.field@ic.fbi.gov, boston@ic.fbi.gov, mary.murrane@usdoj.gov,
christina.sterling@usdoj.gov, 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, jesse.boodoo@state.ma.us

Dear Attorney General Maura Healey,

On Monday, July 9, 2018, a hearing is scheduled in the Northeast Housing Court

(Middlesex County Superior Courthouse, Lowell) to address: (1) Vacating the
judgment associated with US BANK v MOHAN A. HARIHAR, 11-SP-3032; and (2)
Restoring the case to address multiple evidenced CIVIL AND CRIMINAL violations
which include (but are not limited to) Fraud on the Court, Mass. R. Civ. P. 60(b)(3),
Rule 93A infractions, and others. You are well aware that your office, along with the
Department of Justice (DOJ) and Federal Bank Regulators identified MY
residential property - located at 168 Parkview Avenue, Lowell, MA 01852 as an
ILLEGAL FORECLOSURE. You are also aware that I have filed CRIMINAL
Complaints with your office against the parties responsible for this illegal
foreclosure. It is UNCLEAR, why your office has not yet brought criminal charges
for these evidenced crimes. It is also unclear why you continue to IGNORE my
efforts to get documented answers to questions associated with these important
legal matters. Attached (below) is the most recent email sent (5/23/2018) to your
direct attention that remains unanswered.

AG Healey, you are aware that this Housing Court case is related to the following
litigation:

1. HARIHAR v US BANK et al - Middlesex Superior Court, Docket No. 11-

04499 (Similarly, a motion to vacate judgment and restore this case has been
filed under MA Superior Court Rule 9A);
2. HARIHAR v US BANK et al - which includes the Commonwealth of MA as a
Defendant. First Circuit Appeals Court (Boston, MA), Appeal No. 17-1381
(Lower Court Docket No. 15-cv-11880). See also US Supreme Court
Application No. 17A-1359;
3. HARIHAR v. THE UNITED STATES, Appeal No. 17-2074 (Lower Court
Docket No. 17-cv-11109);
 4. HARIHAR v. CHIEF JUDGE JEFFREY R. HOWARD, Docket No. 18-cv-
11134.

Respectfully, I ask that your office provide a documented response to this email on
or before this Friday - July 6, 2018, including your office's legal intentions to bring
criminal charges against referenced parties named in the criminal complaint(s). A
notice will also be filed with the Housing Court, informing them of this
communication and the expectation for a representative from the MA AGO to
update the Court at Mondays' hearing.

You are aware that the evidenced arguments related to this (State and Federal)
litigation are believed to impact matters of National Security, as they include (but
are not limited to): (1) TREASON Claims under ARTICLE III, (2) FRAUD ON THE
COURT, (3) ECONOMIC ESPIONAGE pursuant to 18 U.S.C. § 1832, (4) RICO and
a list of other infractions. Therefore, the following offices/agencies are necessarily
copied on this email:

1. POTUS (Separate communication via www.whitehouse.gov);

2. Governor Charlie Baker (R-MA);
3. The FBI;
4. The Department of Justice (DOJ);
5. US Senator Elizabeth Warren (D-MA);
6. US Senator Ed Markey (D-MA);
7. US Congresswoman Niki Tsongas (D-MA).

The PUBLIC will also be copied for documentation purposes and out of continued
concern for my personal safety and security. Thank you for your attention to this
very serious matter. I look forward to your response and attendance at Monday's
hearing in Lowell.

Respectfully,

Mohan A. Harihar
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
mo.harihar@gmail.com
---------- Forwarded message ----------
From: Mohan Harihar <moharihar@gmail.com>
Date: Wed, May 23, 2018 at 11:16 AM
Subject: DEMAND to Address Criminal Complaints (Second Request)
To: maura.healey@state.ma.us
Cc: elizabeth_warren@warren.senate.gov, Nairoby_Gabriel@warren.senate.gov,
scheduling@warren.senate.gov, sydney_levin-epstein@markey.senate.gov,
"Constituent.services@state.ma.us" <constituent.services@state.ma.us>,
june.black@mail.house.gov, NewYorkComplaints Dojoig
<dojoig.newyorkcomplaints@usdoj.gov>, mary.murrane@usdoj.gov,
christina.sterling@usdoj.gov, washington.field@ic.fbi.gov, boston@ic.fbi.gov

Attorney General Healey,

This email communication is delivered to your direct attention for the purpose of
bringing criminal charges associated with an ILLEGAL FORECLOSURE identified
by your office. You are aware of ongoing litigation related to this matter -
HARIHAR v. US BANK et al, Appeal No. 17-1381 (Lower Court Docket No. 15-cv-
11880), which includes the Commonwealth as a Defendant/Appellee. You are also
aware that in this referenced litigation and as part of Federal record, the
UNOPPOSED FRAUD on the COURT claim(s) under FRCP 60(b)(3), shows cause
to re-address (and correct) prior (State) judgments that have been impacted.

There are two (2) motions being filed to address these Fraud on the Court claims -
pursuant to Massachusetts Civil Rule of Procedure 60(b)(3). As you know, the first
has already been filed with the Northeast Housing Court in Lawrence, MA. The
second (See Attached) is now being filed in the with the Middlesex Superior Court.
You are aware that I continue to seek CRIMINAL CHARGES against ALL
responsible parties associated with these (and other) related claims of record.
Updated criminal complaints have been filed with your office, however, it is unclear
as to why STILL, I have yet to receive a response.

Attached, please find a copy of the Motion to RESTORE the referenced case,
MOHAN A. HARIHAR v. WELLS FARGO NA, et al, Case No. 11-04499 being filed
today with the Middlesex Superior Court. State Prosecutors are now called again to
enjoin this civil matter, bringing criminal charges against the Defendants, their
attorneys and additional parties named in the motion. Respectfully, please be
advised of the following:

1. SHOULD the Commonwealth initiate corrective action including (but not

limited to) bringing criminal charges against referenced parties, there MAY be
opportunity for discussing a mutual agreement in the related Federal litigation;
 2. ANY FAILURE to initiate corrective action here will certainly show cause to
EXPAND upon or bring NEW - COLOR OF LAW, DUE PROCESS and other
claims against the Commonwealth of Massachusetts;
3. It has been made ABUNDANTLY CLEAR that the evidenced arguments
related to this (State and Federal) litigation are believed to impact matters of
National Security, as they include (but are not limited to) TREASON Claims
under ARTICLE III and ECONOMIC ESPIONAGE pursuant to 18 U.S.C. § 1832.
Therefore, The President, members of Congress, Governor Baker, the FBI and the
Department of Justice (DOJ) will be copied on this email. The PUBLIC will also
be copied for documentation purposes and out of continued concern for my
personal safety and security.

Please provide a documented response NO LATER THAN FRIDAY, MAY 25, 2018,
stating your office's intentions moving forward. Thank you for your attention to this
very serious matter.

Respectfully,

Mohan A. Harihar
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
mo.harihar@gmail.com
Exhibit 2
 CERTIFICATE OF SERVICE

I hereby certify that on July 11, 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