Mohan Harihar <moharihar@gmail.

com>

Communication Issues w K&L Gates Partner - DAVID E. FIALKOW, Esq.

Mohan Harihar <moharihar@gmail.com> Mon, Mar 16, 2020 at 2:43 PM
To: "Michael S." <michael.caccese@klgates.com>
Cc: James <james.segerdahl@klgates.com>, "Beth H." <beth.weisberg@klgates.com>, Mark <mark.haddad@klgates.com>,
david fialkow <david.fialkow@klgates.com>, NewYorkComplaints Dojoig <dojoig.newyorkcomplaints@usdoj.gov>, theresa
watson3 <theresa.watson3@usdoj.gov>, andrew lelling <andrew.lelling@usdoj.gov>, mary murrane <mary.murrane@usdoj.gov>,
christina sterling <christina.sterling@usdoj.gov>, "Constituent.services@state.ma.us"
<constituent.services@massmail.state.ma.us>, governor.schedule@state.ma.us, maura.healey@state.ma.us, elizabeth warren
<elizabeth_warren@warren.senate.gov>, sydney levin-epstein <sydney_levin-epstein@markey.senate.gov>, lori trahan
<lori.trahan@mail.house.gov>, ayanna pressley <ayanna.pressley@mail.house.gov>, Stephen lynch
<Stephen.lynch@mail.house.gov>, "Cc:" <dan_jackson@ao.uscourts.gov>, Susan Goldberg
<susan_goldberg@ca1.uscourts.gov>, Michael Anthony Sullivan <michael.sullivan@jud.state.ma.us>, taylor halley
<taylor_halley@mad.uscourts.gov>, Arthur T Deguglielmo <arthur.deguglielmo@jud.state.ma.us>, Matthew Day
<matthew.day@jud.state.ma.us>, jesse.boodoo@state.ma.us, Kevin Polansky <kevin.polansky@nelsonmullins.com>,
kmchugh@harmonlaw.com, "Jeffrey B. Loeb" <JLoeb@richmaylaw.com>

Dear Chairman Caccese,

The reason for reaching out to you directly is due to an apparent "Communication Issue" with one of the partners at K&L
Gates, LLP. The referenced attorney is David E. Fialkow, Esq., who came to your firm in 2015 from Nelson Mullins Riley &
Scarborough, LLP. As you know, Attorney Fialkow has been the representing counsel to the following ongoing Federal/State
litigation, spanning nearly a decade (includes, but is not limited to): (1) the US District Court (Ref. HARIHAR v US BANK et al,
Docket No. 15-cv-11880, Boston, MA); and (2) in the Middlesex Superior Court (Ref. HARIHAR v WELLS FARGO, et al,
Docket No. 1981-cv-00050, Woburn MA). You are aware that both of these cases involve two of your Banking/Lender clients,
Defendants - WELLS FARGO and US BANK.

Mr. Caccese, you are also aware that this litigation has now evidenced what is becoming recognized Nationally (and in the
Global Community) as the largest and most egregious abuse of judicial power in US history. Thus far, there has been an
UNPRECEDENTED - ELEVEN Judicial Recusals (9 Federal, 2 MA State). A primary reason for reaching this historical stage
is your client's failure (or refusal) to resume a settlement discussion for the purpose of reaching a mutual agreement that
legally resolves the issues at hand. While under no obligation to do so, I have (in good faith) made several attempts to
RESUME settlement discussions with your clients. At the same time, while these judicial abuses continue to be evidenced in
full public view, Congressional hearings on WELLS FARGO Consumer Abuses only add to the Plaintiff's already evidenced
claims of record. Much of these exposed judicial abuses could have been avoided if perhaps your firm had provided
better counsel to your referenced Lender clients. The legal issues associated with the referenced litigation could have easily
been resolved years ago, if your clients had accepted any one (1) of my many extended offers to reach an agreement.
Instead, K&L Gates, LLP can now be credited for helping to publicly expose an unprecedented, and certainly
egregious level of judicial abuse in both the MA State and Federal Judiciary.
Historically, communication efforts to reach Atty. Fialkow had not been an issue. However, in recent months, that has
changed. Now, for reasons unknown, all efforts to communicate with attorney Fialkow go unanswered, to the extent that it is
unclear as to whether he is still employed by K&L Gates, LLP. Therefore, I respectfully request for your firm to validate this
information so that we can proceed in a timely (and respectful) manner. Finally, I respectfully want to remind you that in the
referenced $42B lawsuit - HARIHAR v US BANK, et al, if parties are unable (or unwilling) to reach a legal agreement, the
record shows (at minimum) the Plaintiff's UNOPPOSED argument to his Rule 60 claim(s). Based on my interpretation of the
law, once jurisdiction is restored and the law is upheld - no matter how long that takes, the result (at minimum) is a
DEFAULT judgement with prejudice, in favor of the Plaintiff. You are aware that aside from your lender clients - (1) K&L
Gates, LLP; (2) Partner - David E. Fialkow, Esq.; (3) Partner - Jeffrey S. Patterson, Esq.; and (4) prior counsel - Nelson
Mullins, LLP are also listed as named Defendants. That does not include related criminal and professional complaints of
record. Again, based on my interpretation of the law - Litigation privilege, Judicial immunity and Sovereign Immunity has long
been considered WAIVED, since FRAUD ON THE COURT has clearly been evidenced (and stands as unopposed) as part of
the record under Fed. R. Civ. P. 60(b)(3).

Please be advised, due to the severity of these legal issues, its relation to ongoing litigation and the perceived impact to
National Security: (1) The Court(s); (2) the Executive Office of the President (EOP); (3) the Department of Justice (DOJ);
(4) Governor Baker’s Office (5) members of Congress; and (6) other government offices/agencies (including
Defendant's counsel in the related Federal litigation) - will be copied on this email communication. The Public and Media
sources nationwide will also receive copies for documentation purposes and out of continued concerns for the Plaintiff's
personal safety and security. Thank you for your attention to this very serious and sensitive legal matter. It remains my sincere
hope that collectively, we can ultimately arrive at a legal settlement agreement that is beneficial for all parties. I look forward to
your timely response by 5pm this Wednesday, March 18, 2020.

Respectfully,

Mohan A. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
mo.harihar@gmail.com

---------- Forwarded message ---------

From: Mohan Harihar <moharihar@gmail.com>
Date: Wed, Mar 11, 2020 at 1:47 PM
Subject: House Financial Services Staff Report RE: Defendant - WELLS FARGO, and Plaintiff Offer to RESUME Settlement
Discussion
To: david fialkow <david.fialkow@klgates.com>
Cc: <maxine.waters@mail.house.gov>, <Stephen.lynch@mail.house.gov>, ayanna pressley
<ayanna.pressley@mail.house.gov>, elizabeth warren <elizabeth_warren@warren.senate.gov>,
Constituent.services@state.ma.us <Constituent.services@state.ma.us>, Michael Anthony Sullivan
<michael.sullivan@jud.state.ma.us>, <maura.healey@state.ma.us>, <jesse.boodoo@state.ma.us>, andrew lelling
<andrew.lelling@usdoj.gov>, Cc: <dan_jackson@ao.uscourts.gov>, Susan Goldberg <susan_goldberg@ca1.uscourts.gov>,
NewYorkComplaints Dojoig <dojoig.newyorkcomplaints@usdoj.gov>, theresa watson3 <theresa.watson3@usdoj.gov>,
governor schedule <governor.schedule@massmail.state.ma.us>, mary murrane <mary.murrane@usdoj.gov>, christina
sterling <christina.sterling@usdoj.gov>, christine bono <christine_bono@mad.uscourts.gov>, taylor halley
<taylor_halley@mad.uscourts.gov>, sydney levinepstein <sydney_levin-epstein@markey.senate.gov>, lori trahan
<lori.trahan@mail.house.gov>, <ma-igogeneral-mail@state.ma.us>, <igo-fightfraud@state.ma.us>, Matthew Day
<matthew.day@jud.state.ma.us>, james mccormack <james.mccormack@jud.state.ma.us>, C. Andrew Johnson
<andrew.johnson@jud.state.ma.us>, Arthur T Deguglielmo <arthur.deguglielmo@jud.state.ma.us>, Kevin Polansky
<kevin.polansky@nelsonmullins.com>, Matthew T. <mmurphy@casneredwards.com>, <kmchugh@harmonlaw.com>, Jeffrey
B. Loeb <JLoeb@richmaylaw.com>, david fialkow <david.fialkow@klgates.com>, <maryekoontz@dahercompanies.com>,
<kendaher@dahercompanies.com>
Attorney Fialkow,

The forwarded email (Attached below) is a Press Release from today, March 11, 2020 entitled, "Waters to Wells Fargo
Board Members: Resignations Do Not Absolve You of Your Failures" from Congresswoman Maxine Waters (D-CA),
Chairwoman of the U.S. House Committee on Financial Services. This press release comes after Day 2 of Congressional
Hearings involving your client, Bank Defendant - WELLS FARGO. Today's hearing entitled, "Holding Wells Fargo
Accountable: Examining the Role of the Board of Directors in the Bank’s Egregious Pattern of Consumer Abuses.”

The Majority staff’s report (Attached Below) examined Wells Fargo’s compliance with five consent orders that required the
company’s board and management to clean up the systemic weaknesses that led to widespread consumer abuses and
compliance breakdowns. As board members, Ms. Duke and Mr. Quigley were responsible for ensuring that Wells Fargo’s
CEO and other management executed an effective program to manage those risks. However, the Majority staff report found
that Wells Fargo’s board:

1. Failed to ensure management could competently address the risk management deficiencies;
2. Allowed management to repeatedly submit materially deficient plans to address consumer abuses;
3. Prioritized financial considerations over fixing consumer abuses; and,
4. Did not hold senior management accountable for repeated failures.

Attorney Fialkow, keep in mind that this follows two (2) press releases from yesterday's March 10, 2020 hearing - the first
entitled, "Waters Alerts DOJ to Inaccurate and Misleading Testimony by Tim Sloan" (See attached PDF, below). The
second press release from yesterday is entitled, " Waters to Wells Fargo CEO: The Bank You Inherited is Essentially a
Lawless Organization." (See attached PDF, below). Also attached is the full report prepared by the Majority Staff of the
Committee on Financial Services, US House of Representatives. The report is entitled, "THE REAL WELLS FARGO:
BOARD & MANAGEMENT FAILURES, CONSUMER ABUSES, AND INEFFECTIVE REGULATORY OVERSIGHT"

Attorney Fialkow, as a continued sign of my GOOD FAITH and before proceeding further with related litigation in the
Middlesex Superior Court (Ref. HARIHAR v WELLS FARGO, et al, Docket No. 1981-cv-00050) and in the US District Court
(Ref. HARIHAR v US BANK et al, Docket No. 15-cv-11880), I will again offer your client, Bank Defendant - Wells Fargo,
the opportunity to RESUME a settlement agreement discussion. Respectfully, keep in mind that the alternative (should your
client refuse or ignore this opportunity), is (at minimum) a DEFAULT judgement under Fed./Mass. R. Civ. P. 60(b)(3), in favor
of the Plaintiff - MOHAN A. HARIHAR, with prejudice. That DOES NOT include the Plaintiff's continued pursuit of
accountability for the evidenced criminal and professional complaints of record. Also, if your client(s) are not interested in
resuming a settlement agreement discussion and legally resolving these issues, it shows cause to continue exposing/reporting
the evidenced judicial failures associated with this litigation. I respectfully request that you provide a timely email response no
later than 5pm (EST) this Friday, March 13, 2020.

Please be advised, due to the severity of these legal issues, its relation to ongoing litigation and the perceived impact to
National Security: (1) The Court(s); (2) the Executive Office of the President (EOP); (3) the Department of Justice (DOJ);
(4) Governor Baker’s Office (5) members of Congress; and (6) other government offices/agencies (including
Defendant's counsel in the related Federal litigation) - will be copied on this email communication. The Public and Media
sources nationwide will also receive copies for documentation purposes and out of continued concerns for the Plaintiff's
personal safety and security. Thank you for your attention to this very serious and sensitive legal matter. I look forward to your
response.

Respectfully,

Mohan A. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
mo.harihar@gmail.com
 ---------- Forwarded message ---------
From: Financial Services Committee <democrats.financialservices@mail.house.gov>
Date: Wed, Mar 11, 2020 at 11:30 AM
Subject: Waters to Wells Fargo Board Members: Resignations Do Not Absolve You of Your Failures
To: <mo.harihar@gmail.com>
Click here if you have trouble viewing this e-mail

For Immediate Release

March 11, 2020

Waters to Wells Fargo Board Members: Resignations Do

Not Absolve You of Your Failures
WASHINGTON, D.C. - Today, Congresswoman Maxine Waters (D-CA), Chairwoman of the House Financial Services
Committee, delivered the following opening statement at a full Committee hearing entitled, “Holding Wells Fargo Accountable:
Examining the Role of the Board of Directors in the Bank’s Egregious Pattern of Consumer Abuses.”

As Prepared for Delivery

Today, we receive testimony from Elizabeth Duke and James Quigley, who until earlier this week served as chair of the
board of directors of Wells Fargo & Company and Wells Fargo Bank, respectively. Both resigned after I called for their
resignations following the release of a scathing Majority staff report on Wells Fargo’s compliance failures and their
individual failures as board chairs.

But their resignations do not absolve them of their failures. Directors at Wells Fargo and institutions across this country
must understand that they are the last line of defense when it comes to protecting their companies’ shareholders,
employees, and customers. And while Ms. Duke and Mr. Quigley said they resigned to “avoid distraction,” let me be clear
that this is not a distraction—we are examining misconduct and dereliction of duty.

Over the past decade, Wells Fargo’s board, management, and regulators have all failed to fix the company’s internal
control weaknesses that caused enormous harm for millions of consumers throughout the country.

The Majority staff’s report examined Wells Fargo’s compliance with five consent orders that required the company’s board
and management to clean up the systemic weaknesses that led to widespread consumer abuses and compliance
breakdowns. As board members, Ms. Duke and Mr. Quigley were responsible for ensuring that Wells Fargo’s CEO and
other management executed an effective program to manage those risks. However, the Majority staff report found that
Wells Fargo’s board:

1. Failed to ensure management could competently address the risk management deficiencies;
 2. Allowed management to repeatedly submit materially deficient plans to address consumer abuses;
3. Prioritized financial considerations over fixing consumer abuses; and,
4. Did not hold senior management accountable for repeated failures.

The Majority staff report also revealed attitudes and failures on the part of Ms. Duke and Mr. Quigley that are dismaying.

When the Consumer Financial Protection Bureau included Ms. Duke on letters requesting actions from the bank, she
responded asking, “Why are you sending it to me, the board, rather than the department manager?” This was surprising to
CFPB officials, and gives the appearance of a see-no-evil mentality from Ms. Duke, and an unwillingness to exercise
oversight required of her as a member of the board.

Mr. Quigley also did not appear to understand the gravity of his board responsibilities. When the Office of the Comptroller
of the Currency wanted to schedule a meeting with the bank’s directors to discuss “progress and accountability,” Mr.
Quigley told other bank officials that he was, “currently scheduled to be in the Galapagos Islands on these dates,” and
commented that “the sense of urgency is surprising…”

These statements were made after several public enforcement actions against Wells Fargo for massive consumer abuse
scandals.

While Ms. Duke and Mr. Quigley have resigned, they must be held accountable for the dereliction of their duties as
members of Wells Fargo’s board.

###

Sent from the Committee on Financial Services Democrats

2129 Rayburn House Office Building, Washington, DC 20515 | T (202) 225-4247

CONTACT US | UNSUBSCRIBE

3 attachments
2020.03.10_fsc_to_doj_re_sloan_testimony.pdf
203K
03-10-2020 HFS Press Release - Wells Fargo Lawless Company.pdf
131K
wells_fargo_staff_report_final_mm.pdf
4876K