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The Plaintiff – MOHAN A. HARIHAR, respectfully files this Motion in accordance of Rule 9A
to address NEW EVIDENCE that (at minimum) shows cause to amend his original complaint
and expand upon his existing LIBEL/DEFAMATION claims against the Bank Defendant –
WELLS FARGO under Mass. R. Civ. P. 60(b)(2) and MGL c.231, §§ 91. This latest effort by
the Defendant, specifically, Wells Fargo Executive – Joshua Plummer evidences the clear
intent to continue causing irreparable, malicious damage not only to the Plaintiff’s reputation,
but also to the Plaintiff’s Intellectual Property (IP)/Trade Secret known as the FCS Model© -
an economic framework designed to assist The United States at this time of National Crisis –
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the Coronavirus (COVID-19) Pandemic.1 As grounds therefore, the Plaintiff informs the Court
of the following:
I. Historical Background (Summary) – This complaint is related to litigation that has been
ongoing for nearly a decade, in both the MA State and Federal Courts. This includes the $42B
Court, Boston, MA). A common theme throughout the history of this litigation is the
Plaintiff’s EVIDENCED claims that reveal what is now recognized NATIONWIDE as the
most egregious abuse of judicial power in US history. As a matter of record, there has been
most recent of which is Middlesex Superior Court Judge – Hon. Kenneth J. Fishman, who
preceded Judge Howe and recused himself, sua sponte, only AFTER the Plaintiff evidenced
judicial misconduct claims warranting both judicial disqualification and recusal. ANY
OBJECTIVE OBSERVER who thoroughly reviews the historical record will see a repeating
pattern of corrupt conduct, where judicial officers have blatantly brushed aside the
That includes the current scenario with this docket, where – based on his interpretation of the
law, the Plaintiff has again evidenced IDENTICAL patterns of corrupt conduct involving the
most recent presiding Judge – Hon. Janice W. Howe, who has long been considered
related litigation. As a matter of record, the long list of evidenced judicial misconduct claims
against Judge Howe ranges from: (1) Blatantly ignoring Massachusetts Rules of Civil
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See Exhibit 1 – to view a copy of the FCS Model© presentation delivered to the Executive Office of the
President (EOP) on March 22, 2020, in its entirety.
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Procedure and the US Constitution; to (2) Issuing orders after jurisdiction was LOST; to (3)
Improper relationships involving Judge Howe’s HUSBAND – Douglas Howe, Jr., where it
has been evidenced that Mr. Howe has had business relationships with THREE (3) of the
Defendants for decades (Ref. Bank Defendants – WELLS FARGO, US BANK and
Defendant – MERS). Collectively, the severity of evidenced claims (in both MA State and
Federal Courts) has shown cause to report criminal violations involving this judicial (and other
court) officer(s) to State/Federal Prosecutors, Governor Baker (R-MA), The White House,
Commonwealth. The Plaintiff has also alerted Clerk of the Courts – Michael A. Sullivan,
who found it necessary to bring this matter to the attention of the Chief Justice – Hon. Judith
Fabricant. It should be noted that several of the Plaintiff’s motions addressing these serious
issues have now been PENDING since DECEMBER, 2019, with evidenced claims
disqualifying Judge Howe dating as far back as August 2019. No corrective action has been
With regard to the litigation itself, ONE (1) of the primary arguments, which as a matter of
record stands UNOPPOSED by ALL Defendant parties (in both Federal and MA State
Courts) is the Plaintiff’s - Fraud on the Court Claims(s) under Fed./Mass. R. Civ.
RMBS TRUSTS.2 The record shows that the Plaintiff’s argument is completely supported by:
(1) evidenced facts; (2) case references; and (3) the sworn testimony of a Nationally
recognized Fraud Expert, acting on behalf of The United States. The magnitude of impact
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RMBS – Residential Mortgage Backed Security
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here – once the law is upheld, will set legal precedent for more than 60M mortgages that
in the trillions of dollars. It is this evidenced argument which as a matter of record stands
favor of the Plaintiff – Mohan A. Harihar, with prejudice, as mandated by Rule 60b and only
A SECOND primary argument (in the related Federal lawsuit) pertains to the Plaintiff’s
Intellectual Property/Trade Secret (the FCS Model©) which proposes a framework for
resolving legal issues related to the securitization of residential mortgages, while at the same
time, creating a path for substantial economic repair and growth – particularly during a time
of National Crisis. A review of the historical record shows that ALL Defendants and Judicial
ESPIONAGE under 18 U.S. Code § 1831, as if never mentioned – again showing cause for
judicial disqualification and recusal; and where the UNOPPOSED argument calls for
judgement in favor of the Plaintiff. Hopefully, this broad summary puts into context the
II. The Plaintiff’s Intellectual Property/Trade Secret – The FCS Model© - As the Nation
deals with the economic devastation caused by the Coronavirus (COVID-19) Pandemic, the
that has already been presented (successfully) to multiple government offices/ agencies/firms,
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including the EOP at the specific request of (former) VP and 2020 Presidential
Candidate – Joe Biden (as acting VP under the prior Obama administration). NO ONE
– ranging from the Plaintiff’s local Congressional office to The White House has
identified a single flaw with the framework. If implemented as intended, the FCS Model
will: (1) bring incremental benefits to any existing federal/state/local stimulus; (2) cure legal
issues associated with the securitization of residential mortgages; and (3) bring substantial
relief to more than 60M US households at a time of National Crisis, when it’s needed
most. In order to better understand this economic framework and potential impact of
evidenced defamatory statements by the Defendant(s), the plaintiff has attached a copy of the
FCS© Model presentation delivered to The White House on March 22, 2020 -
Plaintiff – The Plaintiff understands the meaning of Defamation as the act of unjustifiably
injuring the good reputation of a party via misleading or untrue malicious statements; Libel is
defamation through words or graphics. Since the infancy stages of this litigation – and due to
the severity of evidenced claims involving NOT ONLY the named Defendants, BUT ALSO
judicial (and other) court officers, the Plaintiff has used social media: (1) to inform the Public;
(2) for documentation purposes (Facebook, LinkedIn, Twitter, etc.…); and (3) out of
On March 26, 2020, the Plaintiff posted a copy of the FCS Model© presentation
delivered to the President of The United States on CNN’s Business Page (Facebook) – a
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social media page with GLOBAL REACH - in an effort to share with the Nation, an
economic vision with merit - designed to help millions of Americans who now find
themselves INDEFINITELY out of work (through no fault of their own); struggling to make
ends meet and stay healthy. Shortly after entering the post, a comment was posted by a person
named JOSH PLUMMER, who stated the following - “this makes no sense whack job” (See
attached, below):
After reading the comment, the Plaintiff researched its origin, finding a person by the name of
Charlotte, NC. Mr. Plummer’s title is currently BUSINESS RISK & CONTROL OFFICER
for Community Banking. Mr. Plummer’s 15+ year career in the banking industry also
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included (but is not limited to) the following work experience, both with Wells Fargo and
Bank of America:
Consultant);
After discovering this NEW evidence that showed Mr. Plummer is employed by the
Defendant – Wells Fargo, the Plaintiff immediately delivered a follow-up comment, informing
Mr. Plummer that his employer is a Defendant in the Federal Lawsuit – HARIHAR v US
BANK, et al, Docket No. 15-cv-11880. Mr. Plummer was also informed that his comments
IV. Defendant Wells Fargo Disregarded Plaintiff’s Legal Warning on 03/27/2020 – On the
following day, March 27, 2020, the Plaintiff was made aware of a NEW comment from Mr.
“Mohan Harihar I work in the industry, there is nothing illegal about Residential Mortgage
Securitization. But nice try I guess. (emoji). This spam has nothing to do with the topic, so
take your spam mumbo jumbo somewhere else.” (See attached, Below):
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After viewing these defamatory comments, the Plaintiff respectfully delivered the following
communication to Mr. Plummer (via Facebook’s Instant Messenger and separately by Email
communication):
“Mr. Josh Plummer (Business Risk & Control Officer, Wells Fargo - Charlotte, NC),
After cautioning you about your slanderous comments made on 03/26/2020 and
informing you that your employer - Wells Fargo, is a Defendant in the $42B Federal
03/27/2020. It seems that your comments have now been deleted today - Saturday,
March 28, 2020. Not to worry, copies have been made for documentation purposes
With regard to your comments, a couple of things: (1) Thank you for confirming that
you work in the Banking Industry; (2) In your comments, you state, "there's nothing
Defendant - Wells Fargo, you are aware that my evidenced claims (which as a matter
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SECURITATION of more than 1400 RMBS Trusts.... The UNOPPOSED claim is
supported by facts and law, case references and the sworn testimony of a Nationally
recognized fraud expert, acting on behalf of The United States; (3) Your efforts to
mumbo jumbo") - particularly at a time of crisis is quite frankly, repulsive. Not only
will it fix the legal securitization mess caused by your employer (and other lenders),
but it will (in part) likely save the mortgage finance system in this time of crisis. As a
BUSINESS RISK & CONTROL OFFICER, you SHOULD know better; (4) With
regard to the presentation itself, the FCS Model has already been successfully
presented to numerous government offices and firms, including the Executive Office
of the President (Obama Administration). NO ONE has identified a single flaw with
the framework.
upon existing Slander, Libel and Defamation claims against your employer -
Defendant, WELLS FARGO under 28 U.S. Code § 4101. Federal and State
Prosecutors will necessarily be updated, since it appears that the Defendant - Wells
Fargo intends to continue damaging the FCS Model - the Plaintiff's Intellectual
Property (Considered a Trade Secret, protected under the Economic Espionage Act,
You may want to reach out to the representing attorney for Wells Fargo - David E.
Fialkow, Esq., K&L Gates, LLP in Boston, MA. Here's his phone number -
617.261.3126. Finally, I respectfully ask that you cease and desist from making any
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additional false, defamatory or slanderous comments against me or my Intellectual
Sincerely,
Mohan A. Harihar
Plaintiff”
Please be advised, the email copy of the above-referenced communication delivered to Mr.
Plummer is attached in its entirety (Ref. Exhibit 2). Due to the severity of evidenced civil and
criminal claims against this Wells Fargo Executive (including matters perceived to impact
National Security), parties copied on the email include: (1) Retained counsel for the
Defendant, Wells Fargo – David E. Fialkow, Esq., K&L Gates, LLP; (2) The Office of the US
Inspector General; (3) The Office of the US Attorney General; (4) The US Attorney’s Office
(MA); (5) The Office of Governor Charlie Baker (R-MA); (6) Congressional Leaders,
including members of the House Financial Services Committee and Senate Banking
Committee; (7) The Administrative Office of US Courts; (8) First Circuit Executive - Susan
Goldberg; (9) Massachusetts Attorney General – Maura Healey; and (10) Clerk of the Courts
“A plaintiff alleging libel must ordinarily establish five elements: (1) that the defendant
published a written statement; (2) of and concerning the plaintiff; that was both (3)
defamatory, and (4) false; and (5) either caused economic loss, or is actionable without
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Clearly, there should be no question that the Plaintiff has satisfied all required elements of the
libel claim(s) – also keeping in mind this most recent claim is incremental to the plethora of
false statements historically identified as part of the record by the Plaintiff involving ALL
VI. Actual Malice – is the standard of proof, where the defendant knowingly printed, spoke or
otherwise communicated a false statement of fact about the plaintiff. Reckless disregard for
the truth satisfies the “actual malice” test. Here, the Plaintiff has clearly submitted evidence
against the Defendant – Wells Fargo that irrefutably demonstrates such reckless disregard for
the truth, in an effort to damage the Plaintiff’s reputation and Intellectual Property. Any
VII. The Lanham Act and Trade Libel – The false-advertising section of the Lanham Act
“Any person who, on or in connection with any goods or services, or any container for
goods, uses in commerce any word, term, name, symbol, or device, or any combination
thereof, or any false designation of origin, false or misleading description of fact, or false or
another person’s goods, services, or commercial activities, shall be liable in a civil action by
any person who believes that he or she is or is likely to be damaged by such act.41 U.S.C. §
1125(a)(1).”
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Both print publications, images and online statements fall under the libel category. For
example, if the Boston Globe publishes a false statement of fact, it's considered libel. Blog
comments and social media missives also fall under the libel category. Here, the Plaintiff has
clearly submitted evidence against the Defendant – Wells Fargo, where there is a clear
intention to mislead the American Public (including the Global Community); permanently
damaging the Plaintiff’s reputation and Intellectual Property - an economic model designed to
VIII. Bank Defendant Wells Fargo Continues to Act in BAD FAITH – As a matter of
record, the Plaintiff has clearly evidenced acts of BAD FAITH by ALL named defendants for
nearly a decade now – and which began with the Department of Justice (DOJ), Federal
Bank Regulators and the Massachusetts Office of the Attorney General identifying the
abundance of evidence, submitted by the Plaintiff throughout the years to further show these
repulsive acts of bad faith – a small fraction of which include (but are not limited to):
1. Details of how the associated RMBS Trust – CMLTI 2006 AR-1 was ILLEGALLY
3. Recorded conversations between the Plaintiff and the Defendant (Servicer) – Wells
Fargo, where the servicer (Defendant – Wells Fargo) verbally instructed the
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Plaintiff to STOP paying his mortgage for ninety (90) days in order to QUALIFY
4. Tampering with Court documents previously submitted to this Superior Court (Ref.
of record went “missing” for several weeks and suddenly re-appeared, having been
altered and out of order. According to the Middlesex Superior Court Clerk’s Office
(Lowell, MA), the ONLY other person who accessed the record was the
bringing these evidenced claims to the Court’s attention, they were ignored entirely;
5. Countless False Statements – each of which have been identified through the years in
every MA and Federal Court by the Plaintiff as a matter of record, repeatedly made by
the Defendant(s) in an effort to irreparably damage his character, and ultimately his
admitted mortgage abuses dating back to the 2008 Foreclosure Crisis, to the Fake
(which as a matter of record, the Plaintiff evidenced years prior), to improper vehicle
repossessions – the list goes on and on making National headlines year after year.
Aside from the evidenced corruption described throughout the history of this litigation,
the March 2020 Staff Report, detail just how corrupt and broken this banking
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7. Conflicting Testimony by the Defendant’s Former CEO, Tim Sloan - As a matter
of record, the Plaintiff previously reported to this Court, inaccurate testimony by the
Defendant’s former CEO – Tim Sloan, before the House Financial Services
admission to mortgage-related abuses, Mr. Sloan stated 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 for more than a decade. 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 Plaintiff who
in Good Faith – has repeatedly extended opportunities to Wells Fargo (and to ALL
investigation by the House Financial Services Committee, the March 2020 Staff
Report concluded that former Wells Fargo chief executive officer Timothy Sloan
IX. Ongoing Congressional Hearings Continue to Evidence Wells Fargo’s Failure to Repair
Egregious Consumer Abuses – As a respectful reminder, the Plaintiff has already notified
this Court (via Notice) of the Congressional Press Release issued February 21, 2020, by
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In March 2020, the Committee was scheduled to hold three (3) hearings on Wells Fargo:
1. March 10 at 10:00 AM – The full Committee will convene for a hearing entitled,
“Holding Wells Fargo Accountable: CEO Perspectives on Next Steps for the Bank
2. March 11 at 10:00 AM – The full Committee will convene for a hearing entitled,
“Holding Wells Fargo Accountable: Examining the Role of the Board of Directors
One week prior to these scheduled meetings, the House Financial Services Committee
Included in the Congressional report are the following conclusions: “This Committee staff
report shines a much-needed spotlight on ‘The Real Wells Fargo,’ a reckless megabank
with an ineffective board and management that has exhibited an egregious pattern of
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The March 25th meeting has been postponed due to the Coronavirus (COVID-19) Pandemic. The re-schedule date
is TBD.
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continues to engage in consumer abuses” per the House report, and “the potential for
“The 2008 financial crisis exposed how the inability of some of the largest banks to manage
their financial risk effectively could destabilize the economy and cause untold harm to
millions of consumers. Committee staff’s investigation has exposed how an institution the
size of Wells Fargo can pose a risk to the financial well-being of millions of consumers
CLEARLY, based on the evidenced defamatory comments by Mr. Plummer, it is evident that
the Defendant’s TOXIC culture on its employees still exists, showing cause for
accountability here - and similarly in the Federal Court. The Plaintiff will provide a copy of
this motion via email communication to: (1) US Congresswoman (and Chair) Maxine Waters
(D-CA); (2) Congresswoman Ayanna Pressley (D-MA); (3) Congressman Stephen Lynch (D-
MA); (4) US Senator Mike Crapo (R-ID); and (5) US Senator Elizabeth Warren (D-MA), so
that both the Financial Services Committee as well as the Senate Banking Committee are
fully aware of the toxic culture and egregious consumer abuses that this Defendant continues
to exemplify.
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CONCLUSION
For the reasons stated within - and once jurisdiction has been re-stored, the Plaintiff respectfully
requests that the Court allow the Plaintiff to amend his original complaint against the Defendant
– WELLS FARGO, expanding upon existing claims of defamation, including (but not limited
to) Trade Libel. The Plaintiff seeks incremental compensatory damages, punitive damages, and
injunctive relief – as deemed appropriate by the Court. With regard to injunctive relief, the Court
is already aware of the Plaintiff’s state of indigency – the origination of which stems from the
identified illegal foreclosure of HIS Property. The severity of the Plaintiff’s financial hardship is
indefinitely and struggling to meet everyday cost of living expenses, including (but not limited
to): (1) Health Insurance; (2) Housing; (3) Food, (4) Utilities, (5) Transportation costs, etc...
Finally, it is the Plaintiff’s hope that after reviewing the Plaintiff’s White House presentation
of the FCS Model©, there will be a better understanding of the Plaintiff’s overall objectives,
which extend beyond this litigation in an effort to help the Economy and People throughout
the Commonwealth and across the Nation – particularly in a time of National Crisis.
Due to the severity of these legal issues, including matters perceived to impact National Security,
the above-referenced government offices/agencies will receive copies of this Motion. Copies 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 the Court has ANY
questions regarding any portion of this Motion, or if additional information is required, the
Plaintiff is happy to provide upon request, including (but not limited to) the referenced March
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2020 House Financial Services Staff Report, in its entirety. The Plaintiff is grateful for the
Respectfully submitted,
Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
April 6, 2020 Mo.harihar@gmail.com
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Exhibit 1
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Exhibit 2
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Mohan Harihar <moharihar@gmail.com>
Mr. Josh Plummer (Business Risk & Control Officer, Wells Fargo -
Charlotte, NC),
With regard to your comments, a couple of things: (1) Thank you for
confirming that you work in the Banking Industry; (2) In your comments,
you state, "there's nothing illegal w/ Residential Mortgage
Securitization"...Well, that's correct - PROVIDED that the Trust is LEGALLY
SECURITIZED. As a Banking Executive for the Defendant - Wells Fargo, you
are aware that my evidenced claims (which as a matter of record stand
UNOPPOSED by your employer) articulate the ILLEGAL SECURITATION
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of more than 1400 RMBS Trusts.... The UNOPPOSED claim is supported
by facts and law, case references and the sworn testimony of a Nationally
recognized fraud expert, acting on behalf of The United States; (3) Your
efforts to downplay a framework intended to assist this Nation
(referencing it as "spam mumbo jumbo") - particularly at a time of crisis is
quite frankly, repulsive. Not only will it fix the legal securitization mess
caused by your employer (and other lenders), but it will (in part) likely
save the mortgage finance system in this time of crisis. As a BUSINESS
RISK & CONTROL OFFICER, you SHOULD know better; (4) With regard to
the presentation itself, the FCS Model has already been successfully
presented to numerous government offices and firms, including the
Executive Office of the President (Obama Administration). NO ONE has
identified a single flaw with the framework.
You may want to reach out to the representing attorney for Wells Fargo -
David E. Fialkow, Esq., K&L Gates, LLP in Boston, MA. Here's his phone
number - 617.261.3126. Finally, I respectfully ask that you cease and
desist from making any additional false, defamatory or slanderous
comments against me or my Intellectual Property moving forward. Thank
you.
Sincerely,
Mohan A. Harihar
Plaintiff
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CERTIFICATE OF SERVICE
I hereby certify that on April 6, 2020 I mailed the foregoing Emergency Motion to counsel for
the Defendants (listed below) via US Mail and Email Communication:
David E. Fialkow
K&L Gates, LLP
State Street Financial Center
One Lincoln Street
Boston, MA 02111
david.fialkow@klgates.com
Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
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