echeverria dept. of justice complaint against bank of america et al

Civil Rights & Criminal Complaint U.S. Dept. Of Justice Respondent: Bank of America, et al

November 6, 2014

U.S. Department of Justice950 Pennsylvania Avenue, NWCivil Rights DivisionDisability Rights Section – 1425 NYAVWashington, D.C. 20530

Complaint for: USPS: 9410 8036 9930 0061 9817 39

Abdiel Echeverria and Isabel Santamaria

On behalf of their biological children:

Jonathan Echeverria and Rebecca Echeverria,

PETITIONERS,

Vs

Bank of America, N.A., BAC Home Loans

Servicing, LP, Urban Lending Solutions d/b/a

Urban Settlement Services and Carlisle &

Gallagher Consulting Group, Inc.

RESPONDENTS,

As minority parents of Rebecca Echeverria and Jonathan Echeverria, autistic

children, and classified as disabled, we bring upon this civil rights and criminal

complaint against all the perpetrators named herein for the illegal, abusive and

malicious acts perpetrated upon us and by extension placed upon our children by

discriminating and by deliberate use of harassment and intimidation upon us, their

caregivers to remove them unlawfully from their home and in violation of their

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civil rights. The events and “illegal” activities that took place will be more

specifically described below.

Background

On or around August 2009, Bank of America (BAC Home Loan Serving)

became our mortgage servicer. We were not aware of the transfer from lender

Taylor, Bean & Whitaker who was raided by the FBI and shut down. In late

September 2009 we were made aware that Bank of America was our new servicer.

During that time, we were trying to acquire medical and psychological services for

our children while facing diminished income and increased expenses.

On or around October 2009, we requested assistance from BAC Home

Servicing (Bank of America) for a loan modification. We had heard about a

program that we could qualify for called HAMP. When I, Isabel Santamaria spoke

to the representative, I was told that I did not qualify at this time and that I had to

give more financial documentation. We were struggling financially and later that

month I provided more documentation. I was then informed by telephone in early

November 2009 that we qualified financially but that because we were not

“behind” on our mortgage, we could not prove hardship.

On that call, I advised the representative that we were struggling that month

with our ever-growing expenses and with the additional psychological and medical

bills for our children and that we would find it difficult to make a payment this

month but I had the option of selling items or asking for a small loan from family

to complete our payment. Nonetheless, it was never our intention to miss a

payment, ever. We actually wanted to pay-off our mortgage quickly and were

enrolled in a bi-weekly payment plan since March 2008. However, according the

rep, we had to miss payments to qualify for HAMP and it seemed like the right

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time to do so. The rep agreed and we missed the payment that month (November

2009).

In December 2009, I called Bank of America again and was told that now I

qualified for a HAMP modification and was going to receive package in the mail. I

received the package in January and faxed all the documentation requested and

also mailed it back. When I called, they told me they never received it. I received

another packet and mailed it again in early February. By this time, Bank of

America was already well aware of my children’s special needs as I had advised

them several times before.

In my personal “hardship letter” required for the HAMP loan modification

program, I specifically told Bank of America to assist us because of our financial

situation and because “we have two small children who are autistic” (see letter

attached) and even advised that I could supply medical documentation if necessary.

Even though I only missed my November 2009 payment, Bank of America

had already “targeted” us to remove us from our home along with our autistic

children. We were “continuously” harassed and intimidated with false collection

and foreclosure notices for a debt that we did not owe and forcing to pay an

amount that we did not owe by a specific date if not we would be foreclosed on.

We were terrified beyond words. Instead of acquiring help, it became a terroristic

attack without justification.

In March 2010 while on the phone with Bank of America (or so I believe)

and being severely threatened unnecessarily with foreclosure for over 45 minutes, I

had a traumatic episode which changed my life. The last thing I truly remember

was telling the rep on the phone that he was going to give me a heart attack after I

felt my blood pressure increased dramatically and even though I cannot recall

every detail of what happened after that, I remember seeing my autistic daughter

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crying and saying, "Mommy, don't die". I was so distraught that I was not even

aware that my daughter was witnessing most of the conversation.

For the weeks that followed, the pain, fatigue and illness I felt was

unbearable. I thought I had bone cancer or something. I saw my doctor and after

many tests she diagnosed me with chronic fatigue syndrome/fibromyalgia. My

doctor even asked me if I had a traumatic experience lately or if I was going

through a lot of stress. The first thing that came to my mind was "Bank of

America" and the traumatic event on the phone that happened about a month prior.

My doctor warned me that my life was going to change from now on but I never

knew how much. As time went by, I started to get progressively worse and could

not take all of the medications that I was prescribed for pain. Many of the narcotics

were too strong for me (I do not like taking pills) and some were not helping much

anyway.

This has not only destroyed my life but my family's life as well. Now, I am

disabled too. I requested several times that the harassment and abuse stop but it

continued. Not even our attorney could stop it. Even though we had legal

representation from early April 2010 to September 2010, Bank of America and its

co-conspirators continued to harass us with abusive phone calls during that period

and threats of foreclosure. It is quite obvious that since we are Hispanic, Bank of

America and their co-conspirators believed that we would not know our rights and

consistently violated our rights believing that we would not know any better, even

behind our attorney’s back. I had even expressed this to my psychologist several

times and she even made a note of it in her reports.

I have complained for years to the Office of the Comptroller of the

Currency, The Attorney General, Congressman Bill Posey, Senators, the F.B.I.,

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Consumer Financial Protection Bureau and any federal, governmental and every

consumer authority you can think of. Nothing has been done. In every instance,

Bank of America’s “Office of the CEO and President” interferes and obstructs

legitimate investigations or deviates the investigation saying that the case in

currently in litigation or provides conflicting or inaccurate information to stop

investigations. PLEASE BE AWARE THAT EVEN THOUGH WE ARE

CURRENTLY IN LIGATION WITH BANK OF AMERICA, URBAN AND

CARLISLE & GALLAGER, IT DOES NOT INVOLVE ANY “CIVIL RIGHTS”

OR “DISCRIMINATION” CLAIMS. DO NOT BE FOOLED BY THEIR FALSE

“OFFICE OF THE CEO AND PRESIDENT”. THEIR ONLY PURPOSE IS TO

OBSTRUCT JUSTICE AND BREAK THE LAW. PLEASE PROCEED WITH

THIS INVESTIGATION AND DO NOT BE PERSUADED WITH THEIR LIES.

My disabled children have suffered enough over the past four years because

of this abuse perpetrated against us. Bank of America and their minions targeted

us, a Hispanic family with “disabled” children to fulfill their greedy objective. But,

this is only the tip of this iceberg. The reason I have filed this complaint is because

of the elaborate SCHEME that was perpetrated against us and that was “recently

discovered” in December 2013 which also implicates URBAN LENDING

SOLUTION and CARLISLE & GALLAGHER.

Bank of America concocted a scheme which involved the full cooperation

and awareness of third parties Urban Lending Solutions and Carlisle & Gallagher

to misrepresent a farce HAMP to our family and make us rely on a farce “Bank of

America’s Office of the CEO and President”. Even though we knew that Bank of

America is a fraudulent company, we had no idea how deep the rabbit hole goes

and how they would actually target a family like us in such a manner with this

“concealed” scheme when we were asking for help with “disabled” children.

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I, Isabel Santamaria, was contacted by a Bloomberg reporter last year and he

began an investigation. What he discovered was quite disturbing. On December 13,

2013, I became aware of the result of the investigation, just three (3) days before

the investigative piece featuring our story was released to the public (Please see

Exhibit A). I became emotionally distraught to find out that all this time Bank of

America and its minions Urban Lending and, Carlisle & Gallagher, targeted my

family and completely disregarded my pleas for help and concocted this scheme,

concealed it, denied it and now want to escape liability for their criminal actions.

We are not your typical homeowners. We invested our life savings into this home

(almost $90,000.00) and then we were bamboozled by this racketeering scheme

after asking for help for our disabled children. This is the ultimate low and it is

criminal to say the least.

I became aware that letters that I received, HAMP loan modification

communications, calls and threats that were also made to me and my family were

all a scheme to remove us from our home many times were not even from Bank of

America or Bank of America’s “Office of the CEO and President”. Bank of

America created a FARCE “Office of the CEO and President” composed of Urban

Lending Solutions and Carlisle & Gallagher in order to handle our complaint and

the complaints of others who were determined to be “troublesome” or worthy of

litigation. Since my case was of a “complicated” nature and obviously involved

other illegal activities in which they wanted to cover-up, they felt that they had to

throw my case in the mix completely disregarding the fact that we had children

with special needs and that they were also in violation of a federal assistance

program (HAMP). It was never Bank of America’s intention to help us with a

HAMP modification or by any other means as required by the settlement

agreement, instead they had this malicious racketeering scheme perpetrated against

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our family to ILLEGALLY remove us from our home. Urban Lending Solutions

and Carlisle & Gallagher were contracted for this purpose and were very aware of

what their duties were and what was required of them. Urban and Carlisle &

Gallagher were also paid lucrative contracts and their employees held “false titles”

such as “Customer Advocate” of Bank of America’s “Office of the CEO and

President” such as in the case of Carlisle & Gallagher’s Scott McDaniel who

falsely communicated this to us and the OCC, Attorney General, Congressman Bill

Posey and others. We believed these misrepresentations all along and we also

assume that the other parties involved did also. This is “fraud” and “obstruction of

justice”. The crime of obstruction of justice, in United States jurisdictions, refers

to the crime of interfering with the work of police, investigators, regulatory

agencies, prosecutors, or other (usually government) officials. Urban and Carlisle

& Gallagher (and possibly others) were used to misrepresent (commit fraud) to us

information and obstruct formal regulatory and governmental investigations at the

direction of Bank of America. We were never aware that we were not speaking to

Bank of America or Bank of America’s “Office of the CEO and President” many

times. All this time, we were lead to believe that our communications were given

outmost importance and escalated to a “higher office” when in reality we were

being targeted and marked for termination. Bank of America and Urban Lending

employees had recently confirmed through affidavit testimony the fraudulent

scheme that was set-up against some homeowners as ourselves. Please see:

http://msfraud.org/LAW/Lounge/Bank_of_America_Affidavits_HAMP-crimes_6-

13.pdf .

Fraud

A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.

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http://msfraud.org/LAW/Lounge/Bank_of_America_Affidavits_HAMP-crimes_6-13.pdf

http://msfraud.org/LAW/Lounge/Bank_of_America_Affidavits_HAMP-crimes_6-13.pdf

http://en.wikipedia.org/wiki/Prosecutor

http://en.wikipedia.org/wiki/Detective

http://en.wikipedia.org/wiki/Police

http://en.wikipedia.org/wiki/Crime

http://en.wikipedia.org/wiki/Jurisdiction


The Office of the Comptroller of the Currency was advised by us of this

scam earlier this year and instead of conducting an investigation, they allowed the

criminals (Bank of America) to conduct an internal investigation.

Our civil rights, especially those of our disabled children, have been

maliciously violated. I have enclosed communications that I have had with Bank of

America pleading for help regarding my children including emails that I sent to

Bank of America’s CEO Brian Moynihan. I have proof that they did receive them

because these emails are noted in the computer entries of my account and were

also forwarded to Bank of America’s FAKE “Office of the CEO and President” to

handle.

They were aware all along of our special circumstances. Instead of assisting

us, they “bullied” us, threatened us, and targeted us with malicious intent and

placed us within a group of victims that would be lied to by a fallacious “Office of

the CEO and President” thereby giving us false hopes knowing that we would

never get help. Even though we were paying our mortgage, Bank of America was

applying our payments to foreclosure and vacancy fees without our knowledge

since early 2010 (after they knew of our children’s disabilities) even though our

home has never been vacant and we were supposed to be pre-qualified for HAMP.

Yes, we have been targeted. They thought that a Hispanic family with disabled

children would not be able to handle the situation and not be able to fight back.

They know exactly who to target.

Bank of America is known to discriminate and consistently violate

American homeowner’s civil rights before and this is no exception.

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For example:

Department of JusticeOffice of Public Affairs

FOR IMMEDIATE RELEASEThursday, April 4, 2013

Service Members to Receive $39 Million for Violations of the Service members Civil Relief Act

The Justice Department announced today that under its 2011 settlements with BAC Home Loans Servicing LP, a subsidiary of Bank of America Corporation, and Saxon Mortgage Servicing Inc., a subsidiary of Morgan Stanley, 316 service members whose homes were unlawfully foreclosed upon between 2006 and 2010 are due to receive over $39 million in monetary relief for alleged violations of the Service members Civil Relief Act (SCRA).

Under the first settlement, Bank of America is required to pay over $36.8 million to service members whose homes were unlawfully foreclosed upon between 2006 and 2010. Each service member will receive a minimum of $116,785, plus compensation for any equity lost with interest. Bank of America has already begun compensating 142 service members whose homes were illegally foreclosed on between 2006 and the middle of 2009. Under the same agreement, Bank of America agreed to provide information about its foreclosures from mid-2009 through the end of 2010. As a result of that review, Bank of America will now pay 155 service members upon whose homes it illegally foreclosed. Borrowers receiving payment under this settlement may receive an additional payment under a settlement between Bank of America and federal banking regulators -- the Office of the Comptroller of the Currency and the Board of Governors of the Federal Reserve System -- if the foreclosure occurred in 2009 or 2010. Payments provided under the federal banking regulators’ settlement will bring the total amount received by eligible borrowers to $125,000 plus equity where applicable.

http://www.justice.gov/opa/pr/service-members-receive-39-million-violations-servicemembers-civil-relief-act

Case NameUnited States v. Bank of America FH-NC-0002

Docket / Court 3:12-cv-00605-RJC-DSC ( W.D.N.C. )

State/Territory North Carolina

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Case Type(s)Disability Rights-Pub. Accom.Fair Housing/Lending/Insurance

Attorney Organization

U.S. Dept. of Justice Civil Rights Division

Case SummaryOn September 13, 2012, the United States filed a lawsuit in the U.S. District Court for the Western District of North Carolina against Bank of America, alleging violations of the Fair Housing Act and the Equal Credit Opportunity Act. Specifically, the federal government alleged that Bank of America discriminated against disabled mortgage applicants by requiring all disabled applicants to submit a letter indicating the amount of the disability income and that it would continue for at least three years. In some cases, the plaintiffs claimed that Bank of America required disabled loan applicants to provide information about the nature and severity of their disability as a condition of receiving a mortgage. The federal government further alleged that Bank of America discriminated against applicants receiving public assistance in violation of the Equal Credit Opportunities Act. The federal government asked the court for an injunction as well as monetary damages.

On December 5, 2012, the Court (Chief Judge Robert J. Conrad, Jr.) signed a consent order which prohibited Bank of America from requiring applicants to submit a letter from a doctor and required Bank of America to institute a monitoring program, train staff on the new policies, maintain a complaint resolution program, and to compensate affected applicants. According to the press release from the Department of Justice, Bank of America paid a minimum of $370 million in the settlement to about 200,000 borrowers.

Megan Dolan - 06/08/2014

http://www.clearinghouse.net/detail.php?id=12473

Justice Department Reaches $335 Million Settlement To Resolve Allegations Of Lending

Discrimination By Countrywide Financial Corporation

More than 200,000 African-American and Hispanic Borrowers who Qualified for Loans were Charged Higher Fees or Placed into

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http://www.clearinghouse.net/detail.php?id=12473

http://www.clearinghouse.net/results.php?searchAttyOrg=4


Subprime Loans

The Department of Justice today filed its largest residential fair lending settlement in history to resolve allegations that Countrywide Financial Corporation and its subsidiaries engaged in a widespread pattern or practice of discrimination against qualified African-American and Hispanic borrowers in their mortgage lending from 2004 through 2008.

The settlement provides $335 million in compensation for victims of Countrywide’s discrimination during a period when Countrywide originated millions of residential mortgage loans as one of the nation’s largest single-family mortgage lenders.

The settlement, which is subject to court approval, was filed today in the U.S. District Court for the Central District of California in conjunction with the department’s complaint which alleges that Countrywide discriminated by charging more than 200,000 African-American and Hispanic borrowers higher fees and interest rates than non-Hispanic white borrowers in both its retail and wholesale lending. The complaint alleges that these borrowers were charged higher fees and interest rates because of their race or national origin, and not because of the borrowers’ creditworthiness or other objective criteria related to borrower risk.

The United States also alleges that Countrywide discriminated by steering thousands of African-American and Hispanic borrowers into subprime mortgages when non-Hispanic white borrowers with similar credit profiles received prime loans. All the borrowers who were discriminated against were qualified for Countrywide mortgage loans according to Countrywide’s own underwriting criteria.

“The department’s action against Countrywide makes clear that we will not hesitate to hold financial institutions accountable, including one of the nation’s largest, for lending discrimination,” said Attorney General Eric Holder. “These institutions should make judgments based on applicants’ creditworthiness, not on the color of their skin. With today’s settlement, the federal government will ensure that the more than 200,000 African-American and Hispanic borrowers who were discriminated against by Countrywide will be entitled to

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compensation.”

The settlement resolves the United States’ pricing and steering claims against Countrywide for its discrimination against African Americans and Hispanics.

The United States’ complaint alleges that African-American and Hispanic borrowers paid more than non-Hispanic white borrowers, not based on borrower risk, but because of their race or national origin. Countrywide’s business practice allowed its loan officers and mortgage brokers to vary a loan’s interest rate and other fees from the price it set based on the borrower’s objective credit-related factors . This subjective and unguided pricing discretion resulted in African American and Hispanic borrowers paying more. The complaint further alleges that Countrywide was aware the fees and interest rates it was charging discriminated against African-American and Hispanic borrowers, but failed to impose meaningful limits or guidelines to stop it.

“Countrywide’s actions contributed to the housing crisis, hurt entire communities, and denied families access to the American dream,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We are using every tool in our law enforcement arsenal, including some that were dormant for years, to go after institutions of all sizes that discriminated against families solely because of their race or national origin.”

The United States’ complaint also alleges that, as a result of Countrywide’s policies and practices, qualified African-American and Hispanic borrowers were placed in subprime loans rather than prime loans even when similarly-qualified non-Hispanic white borrowers were placed in prime loans. The discriminatory placement of borrowers in subprime loans, also known as “steering,” occurred because it was Countrywide’s business practice to allow mortgage brokers and employees to place a loan applicant in a subprime loan even when the applicant qualified for a prime loan . In addition, Countrywide gave mortgage brokers discretion to request exceptions to the underwriting guidelines, and Countrywide’s employees had discretion to grant these exceptions.

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This is the first time that the Justice Department has alleged and obtained relief for borrowers who were steered into loans based on race or national origin, a practice that systematically placed borrowers of color into subprime mortgage loan products while placing non-Hispanic white borrowers with similar creditworthiness in prime loans. By steering borrowers into subprime loans from 2004 to 2007, the complaint alleges, Countrywide harmed those qualified African-American and Hispanic borrowers. Subprime loans generally carried higher-cost terms, such as prepayment penalties and exploding adjustable interest rates that increased suddenly after two or three years, making the payments unaffordable and leaving the borrowers at a much higher risk of foreclosure.

The settlement also resolves the department’s claim that Countrywide violated the Equal Credit Opportunity Act by discriminating on the basis of marital status against non-applicant spouses of borrowers by encouraging them to sign away their home ownership rights . The law allows married individuals to apply for credit either in their own name or jointly with their spouse, even when the property is owned by both spouses. For applications made by married individuals applying solely in their own name between 2004 and 2008, Countrywide encouraged non-applicant spouses to sign quitclaim deeds or other documents transferring their legal rights and interests in jointly-held property to the borrowing spouse. Non-applicant spouses who execute a quitclaim deed risk substantial uncertainty and financial loss by losing all their rights and interests in the property securing the loan.

In addition, the settlement requires Countrywide to implement policies and practices to prevent discrimination if it returns to the lending business during the next four years. Countrywide currently operates as a subsidiary of Bank of America but does not originate new loans.

The department’s investigation into Countrywide’s lending practices began after referrals by the Board of Governors of the Federal Reserve and the Office of Thrift Supervision to the Justice Department’s Civil Rights Division in 2007 and 2008 for potential patterns or practices of discrimination by Countrywide.

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Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF). President Obama established the interagency FFETF to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information on the task force, visit www.StopFraud.gov .

A copy of the complaint and proposed settlement order, as well as additional information about fair lending enforcement by the Justice Department, can be obtained from the Justice Department website at www.justice.gov/fairhousing .

The proposed settlement provides for an independent administrator to contact and distribute payments of compensation at no cost to borrowers whom the Justice Department identifies as victims of Countrywide’s discrimination. The department will make a public announcement and post contact information on its website once an administrator is chosen. Borrowers who are eligible for compensation from the settlement will then be contacted by the administrator. Individuals who believe that they may have been victims of lending discrimination by Countrywide and have questions about the settlement may email the department at [email protected] .

Bank Of America Still Discriminating Against Minority Neighborhoods: Complaint

Posted: 09/25/2013 3:21 pm EDT Updated: 09/25/2013 3:34 pm EDT

http://www.huffingtonpost.com/2013/09/25/bank-of-america-discrimination_n_3990621.html

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mailto:[email protected]

http://www.justice.gov/fairhousing

http://www.stopfraud.gov/


There is no doubt that Bank of America has targeted people that they feel are

inferior because they have a harder time fending for themselves due to their

disabilities or are less knowledgeable of their rights because they have a language

barrier that would impede them from understanding what is really going on. It is a

known fact, that Hispanics and those with disabilities are frequently targeted by

Bank of America. Even though we know fluent English and are American citizens,

our last names are a red flag for Bank of America. We were a dual target when

asking for help for our disable children. Bank of America thrives and engorges off

of the desperation of homeowners, especially those with special circumstances like

us. We were the perfect victims for their “Office of the CEO and President” and

“dual tracking” scheme for which our civil rights were ultimately violated.

Therefore, please be aware that Bank of America, N.A. and its co-

conspirators named in this complaint, Urban Lending Solutions d/b/a Urban

Settlement Services and Carlisle & Gallagher Consulting Group, Inc.. had FULL

knowledge that our children Rebecca Echeverria (who was 9 years old when the

abuse started) and Jonathan Echeverria (who was 6 years old when the abuse

started) were disable with autism and nonetheless began their full attack against us

knowing very well that these children fully relied on us with their care. The abuse

and threats were willful, malicious and unnecessary and were to the extent that

they cause one of us, the main emotional and supportive caregiver, Isabel

Santamaria, the mother, to suffer emotional and physical ailments to the extent that

I became “disabled” myself and I could no longer work and contribute financially

or be as supportive in activities with our children in the past four (4) plus years as I

used to. These unnecessary abuses by Bank of America and its co-conspirators

mentioned in this complaint caused my disability (Isabel Santamaria), severely

jeopardized our children’s emotional development and have further delayed their

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psychological and educational development as well. We also have over four (4)

years of psychological records to prove these allegations.

As mentioned, I have medical and psychological records readily available

that can substantiate my claims. I also have witness accounts and other

documentation that I can submit at your request. My daughter has also been

evaluated by her psychologist and is able to testify if necessary. Again, we can

provide any and all documentation to substantiate all of our claims.

Please accept this as my formal complaint of obstruction of justice, mail

fraud, discrimination and civil rights violations against Bank of America, N.A.,

Urban Lending Solutions and Carlisle & Gallagher Consulting Group, Inc.

Tolling of the Statute of Limitations will apply to this case because two of

the petitioners in this complaint are minors and disabled and the acts/scheme and

two of the perpetrators participating (Urban and Carlisle & Gallagher) were

fraudulently concealed until recently, all of which were discovered on December

13, 2013.

Bank of America and its co-conspirators’ obstruction of justice and mail

fraud spanned for over three years. (Please see all documentation attached).

CIVIL RIGHTS VIOLATIONS

U.S. Code Title 42, Chapter 21 – Civil Rights Title 42, Chapter 21 of the

U.S. Code prohibits discrimination against persons based on age, disability,

gender, race, national origin, and religion (among other things) in a number of

settings -- including education, employment, access to businesses and buildings,

federal services, and more. Chapter 21 is where a number of federal acts related to

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civil rights have been codified -- including the Civil Rights Act of 1866, Civil

Rights Act of 1964, and the Civil Rights of Institutionalized Persons Act.

18 U.S. Code § 241 - Conspiracy against rights –

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; orIf two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—They shall be fined under this title or imprisoned not more than ten years, or both;

18 U.S. Code § 242 - Deprivation of rights under color of law –

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both;

42 U.S. Code § 1982 - Property rights of citizens --

All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.

By the scheme of such fraudulent means perpetrated by the respondents in this complaint, we, the petitioners which included our disabled children, were being deprived of enjoying the benefits of our home for which we invested our life

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savings into said home and were deprived of our right with the perpetration of this fraud, to enjoy, sell, or rightfully hold.

The Home Affordable Modification Program, also known as H.A.M.P., is

a “federal” program of the United States, set up to help eligible home owners

with loan modifications on their home mortgage debt. It is being set up in the

context of the ongoing subprime mortgage crisis in the debt markets, continuing

from 2008.

Bank of America, N.A. (BAC Home Loans) received tax-payer bailout funds

to participate in the HAMP program. Instead of assisting the petitioners as required

by the federal program for which they applied for, Bank of America, with the full

knowledge and cooperation of its co-conspirators Urban and Carlisle & Gallagher,

decided to abuse and harass the petitioners in this complaint after being fully aware

that we, the petitioners, had children with disabilities that relied exclusively on our

income and our care.

The respondents had every intention of depriving us from our rights as

property owners just to fulfill their greedy criminal objective.

42 U.S. Code § 12203 - Prohibition against retaliation and coercion –

(a) Retaliation

No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.

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http://en.wikipedia.org/wiki/Subprime_mortgage_crisis

http://en.wikipedia.org/wiki/Home_mortgage

http://en.wikipedia.org/wiki/Loan_modification

http://en.wikipedia.org/wiki/United_States

http://en.wikipedia.org/wiki/Federal_program


(b) Interference, coercion, or intimidation

It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.

(c) Remedies and procedures

The remedies and procedures available under sections 12117, 12133, and 12188 of this title shall be available to aggrieved persons for violations of subsections (a) and (b) of this section, with respect to subchapter I, subchapter II and subchapter III, respectively.

Other than the intimidation, interference and threats, heavily sustained by the petitioners and the disabled petitioners in this complaint since 2010, there has been recent retaliation not only behind the scenes by one of the respondent’s (Bank of America’s) attorneys without the awareness of the court but the respondents also recently conspired with Vistaprint to take down the petitioners website that exposes the respondents fraud collectively and the website was created to inform and assist other homeowners against mortgage crimes. The Petioners’ personal website content is being held hostage and Vistaprint insists that there is infringement even though there are thousands of websites with similar domains and with similar purposes. However, the petitioners’ website was specifically targeted in retaliation because they are in litigation with the respondents and because they are a threat in exposing the fraud and racketeering that the respondents are committing against them. The domain name is the “case name”. The mafia-type respondents have and continue to illegally harass the petitioners and are now violating the petitioners’ First Amendment Rights to Freedom of Speech. This battle and situation is on-going and we will update of any developments.

CRIMINAL VIOLATIONS

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http://www.law.cornell.edu/uscode/text/42/12188




18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant (withholding evidence) –

(B) prevent the production of a record, document, or other object, in an official

proceeding;

shall be punished as provided in paragraph (3).

(C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;shall be punished as provided in paragraph (3).(b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—

(1) influence, delay, or prevent the testimony of any person in an official proceeding;(2) cause or induce any person to—

(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;(B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

(c) Whoever corruptly—(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,shall be fined under this title or imprisoned not more than 20 years, or both.

18 U.S. Code § 1505 - Obstruction of proceedings before departments, agencies, and committees –

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Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or

Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—

Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.

18 U.S. Code § 1519 - Destruction, alteration, or falsification of records in Federal investigations and bankruptcy –

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both

18 U.S. Code § 1346 - Definition of “scheme or artifice to defraud” –

For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.

18 U.S. Code § 1342 - Fictitious name or address –

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Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this title or imprisoned not more than five years, or both.

18 U.S. Code § 1341 - Frauds and swindles –

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives there from, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

The conspiracy respondents in this complaint concealed pertinent

information, documents and defendants from participating in prior judicial

22


http://www.law.cornell.edu/uscode/text/42



proceedings and committed obstruction of justice during federal and regulatory

investigations involving the respondents in this complaint which is a federal crime.

The conspiracy respondents perpetrated this scheme to defraud the plaintiffs and

other homeowners with the use of U.S. mail, misleading and defrauding the

plaintiffs and governmental agencies with false statements, titles,

misrepresentations, and company information all with the intent to defraud the

plaintiffs for the purpose in illegally obtaining property by means of false or

fraudulent pretenses and representations.

The psychological, emotional and monetary damages caused by the criminal

respondents named herein against us is substantial and justice must be served. We

speak not only on our behalf but on behalf of others who have been severely

damages by these criminals, especially by Bank of America, who is the ringleader

of this racketeering enterprise. Please follow through with this complaint as we

have provided more than sufficient evidence at this time and are willing to provide

more if necessary.

Dated this 6th day of November, 2014.

Respectfully submitted,

___________________________________ Abdiel Echeverria – Plaintiff

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___________________________________ Isabel Santamaria – Plaintiff

499 Cellini Ave NE

Palm Bay, Florida 32907

(321) 676-4198

(321) 750-6697

Email: [email protected]

AFFIDAVIT OF FACTS

I, Abdiel Echeverria, a citizen of the United States of America and the State of Florida over the age of 21 years, declare that the statements made in this document dated November 6, 2014 are true and correct to the best of my knowledge and belief. The exhibits attached to this complaint against the respondents are true representations of the originals. I do state under the penalty of perjury.

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Executed in the County of Brevard on November 6, 2014, the undersigned believes them to be admissible as evidence in a court of law and if called upon as a witness, I will testify.

Abdiel Echeverria

STATE OF FLORIDA

COUNTY OF BREVARD

.

Sworn to and subscribed before me this ________ day of ____________________, 2014,

by __________________________________, who has produced ______________________ as

identification.

__________________________________________Notary Public

My Commission Expires ________________________.

AFFIDAVIT OF FACTS

I, Isabel Santamaria, a citizen of the United States of America and the State of Florida over the age of 21 years, declare that the statements made in this document dated November 6, 2014 are true and correct to the best of my knowledge and

25


belief. The exhibits attached to this complaint against the respondents are true representations of the originals. I do state under the penalty of perjury.

Executed in the County of Brevard on November 6, 2014, the undersigned believes them to be admissible as evidence in a court of law and if called upon as a witness, I will testify.

Isabel Santamaria

STATE OF FLORIDA

COUNTY OF BREVARD

.

Sworn to and subscribed before me this ________ day of ____________________, 2014,

by __________________________________, who has produced ______________________ as

identification.

__________________________________________Notary Public

My Commission Expires ________________________.

cc:

Federal Bureau Of Investigation Senator Thad Altman935 Pennsylvania Ave, NW 6767 N. Wickham Rd.Washington, DC 20535 Suite 211

Melbourne, FL. 32940

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Florida Governor Rick Scott Ginnie Mae400 S. Monroe Street 451 7th Street, SWTallahassee, FL 32399-0001 Room B-13

Washington D.C. 20410

National Disability Rights Network Autism Speaks820 1st Street NE, Suite 740 1 East 33rd StreetWashington, DC 20002 4th Floor

New York, NY 10016

Autism Society of Florida Bloomberg NewsP.O. Box 677055 [email protected], FL 32867 [email protected]

CNN Fox NewsAttn: Anderson Cooper Attn. Bill O’Reilly1 CNN Center 1211 Avenue of the AmericasP.O. Box 105366 New York, NY 10036Atlanta, GA 30348 [email protected]

MSNBC MSNBCAttn: Rachel Maddow Attn: Ed Shultz30 Rockefeller Plaza 30 Rockefeller PlazaNew York, NY 10112 New York, NY 10112

MSNBC MSNBCAttn: Keith Olbermann Attn: Dylan Ratigan30 Rockefeller Plaza 30 Rockefeller PlazaNew York, NY 10112 New York, NY 10112

ABC News NBC News47 West 66th Street 30 Rockefeller PlazaNew York, NY 10023 New York, NY 10112

One America News 4757 Morena BlvdSan Diego, CA 92117

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echeverria dept. of justice complaint against bank of america et al

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