2007-12-17 Samaan v Zernik (SC087400) David Pasternak: Grant Deeds in re: 320 South Peck Drive, Beverly Hills, CA 90212, opined as fraud by James Wedick ss

8/14/2019 2007-12-17 Samaan v Zernik (SC087400) David Pasternak: Grant Deeds in re: 320 South Peck Drive, Beverly Hills

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Joseph Zernik DMD PhDFax: (801) 998-0917 Email: [email protected]

.

.

. .

EVIDENCEOF REAL ESTATE FRAUD

&FRAUDULENT CONVEYANCE OF TITLE

byDAVID PASTERNAK, PURPORTED RECEIVER

appointed by theLA SUPERIOR COURT

InALLEGED SHAM LITIGATION OFSAMAAN V ZERNIK(SC087400)

07-12-17. Wedick's Opinion Letter re: Pasternak's Grant Deeds

Digitally signed by

Joseph H Zernik

DN: cn=Joseph H

Zernik, o, ou,

email=jz12345@ear

thlink.net, c=US

Location: La Verne,

CaliforniaDate: 2010.01.09

11:02:58 -08'00'


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TABLE OF CONTENTS

1. Source of Records Examined byMr Wedick ... 2

2. What is Samaan v Zernik? ... 3

3. Mr Wedick's Resume' ... 4

4. Opinion Letter of Mr Wedick, notarized ... 6

5. Two Fraudulent Grant Deeds ... 10generated by Receiver

Pasternak, Receiver appointedby the LA Superior Court:

5a. 12/7/2007 Grant Deed ... 11

5b. 12/17/2007 Grant Deed, certified ... 14


3/20

1. SOURCE OF RECORDS EXAMINED BY MR WEDICK

a) The December 7, 2007 Grant Deed

This record was copied from L Superior Court paper court file,where Mr Pasternak entered a copy of an order purportedly

approved by Judge Patricia Collins on December 7, 2007. Nonotice was served by Pasternak of this order, and no notice wasgiven of its entry.

b) The December 7, 2007 Grant Deed

This record was found upon search in the Office of Registrar

Recorder of La County, and a certified copy was obtained fromthat office. No notice was served by Pasternak of this record,and no notice was given of its entry in the office of theRegistrar/Recorder.


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2. WHAT IS SAMAAN V ZERNIK?

It is entirely unclear what Samaan v Zernikwas, and is. In part, itdefies definition, since the offices of the Presiding Judge of theCourt, Stephen Czuleger, as well as the in-house Counsel of the

Court, Mr D. Bret Bianco, and also the external counsel retainedby the Court for this matter, all refuse to answer even the mostbasic questions regarding this matter:

a) Is Samaan v Zernik a true case duly registered and indexed, as required bylaw for a case heard by the Superior Court of California?

b) Is Samaan v Zernik a case listed in the Calendar of the Courts, as required bylaw for a case heard by the Superior Court of California?

c) Is there a judge duly assigned to this case, as required by law for a case heardby the Superior Court of California?

d) Is there a valid, entered judgment in this case, alternatively is there no valid,entered judgment in this case?

In recent letter to Mr Kenneth Melson, Director, U.S. Department ofJustice, it was referred to as an Enterprise Track case. In hisresponse Mr Melson doubted that I had sufficient evidence toprove the existence of such track in the court.

Here, Samaan v Zernik is referred to as sham litigation. Someof the characteristics are: None of the judges had an assignmentorder, as required by law. Therefore, none had any authority inthis case either. I appeared before the Supervising Judge of theCourt several times during litigation, with request that he issuedue assignment orders, but he refused to do so.


5/20RECORD EXAMINATION

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3. MR WEDICK'S RESUME'


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JAMES J. WEDICKWEDICK & ASSOCIATES

11230 Gold Express Drive, Suite 310 - #0364Gold River, CA 95670-4484

916.638.3566 (Direct) 916.290.0999 (Fax)Website: www.fraudspecialists.com Email: [email protected]

www.FBIexpert.comFBI INVESTIGATIONS; WHITE COLLAR CRIME; FRAUD

Early FBI Career

Receiving an undergraduate degree at Fordham Universitymajoring in Accountingin 1973, Mr. Wedick was appointedan FBI Special Agent where as an undercoveragent he pursued international white-collar-crime and organized-crimefigures. Code named OPFOPEN the investigation launched the FBIs effort to proactively pursue notorious con-men andglobe-trotting financiers whose criminal strategies included crossing international borders to evade prosecution. Earlynotable assignments included undercover roles in the ABSCAM probe where members of Congress were found guiltytakingbribes; indictingthe sons of New York mobster JOE BONANNOwith wire fraud; and convictinga pension fund executivewith taking $1 million bribefor orchestrating a $50 million loan.

Undercover Probe Concerning California LawmakersIn 1985, Mr. Wedick initiated the FBIs historic 3 year undercoverprobe concerning California lawmakers soliciting/taking

bribesthat included introducing boguslegislation and executing search warrants inside capitol lawmakers' offices. CalledCAPSCAMthe investigation convicted5 California legislators and a member of the Coastal Commission seeking to extortvarious Hollywood celebrities. Aside from being featured in ABC's Prime Time Liveand guilty verdicts being declared in 6RICO trialseditorials across the state praisedthe FBI for its efforts in pursuing corrupt public officials. Because of theundercover operations success, in 1994, Mr.Wedick received the FBI Directors Awardwith his performance cited in the U.S.

Congressional record. Using boguslegislation to catch corrupt officials, in December 1994, Mr. Wedicks unique approachwas featured in the Los Angeles Times Sunday Magazine and he was also nominated by the U.S. Attorney for the AttorneyGenerals Award.

Local Municipal CorruptionIn 1994 with corruption allegations suggesting Fresno area council members were soliciting bribesin exchange for

making zoning changes, Mr. Wedick launched the REZONE investigationagain using the undercover approach to recordconversations and collect evidenceconvicting17 defendants, with 14 pleading guiltyto federal RICO and corruptionviolations. In the Sacramento Bee and Fresno Bee Editorialsthe last titled Operation REZONEs Painful Lessonsthe FBIwas credited with exposing corrupt practices where it was "clear that the local political system(had been) manipulated forextraordinary personal gain at the cost of public trust."

CBS and 60 MINUTESWith allegations suggesting Medicaid Fraud had become the crime de jourfor sophisticated thieves, Mr. Wedick also

launched 3 Health Care Fraud Initiatives prosecuting324 medical providers with defrauding funds totaling in excess of $228million. The successful FBI Initiatives attracted the attention of both broadcast and print journalists alike, including 60Minutes Mike Wallace, CNN's Wolf Blitzer, and the Los Angeles Times who did a nine-part series detailing the systemicfraudulent abuse. In the 60 Minutes piece, Wallace credited Mr. Wedick with marshaling the resources needed to combatthe crime.

TerrorismAfter several officials recommended he receive an appointment to head Californias terrorism effort, in 2004, Mr. Wedick

started his own agency and in 2005 he joined the legal team representing two Lodi, California men charged with makingfalse statements and supporting terrorism. Because Mr. Wedick was convinced the Lodi men were innocentcommentingthe prosecution was based on a poorly done FBI interrogation, lack of corroboration, and a mishandled informanthebattled the government concerning his expected testimony as an expert that was reported as a cover story in the LATimes Sunday Magazine, in May 2006, and featured in a PBS FRONTLINE documentary titled, ENEMY WITHIN, that airedOctober 2006. He also secured juror affidavits supporting a misconductmotion and, in 2007in case dubbed LIBERTYCITY SEVEN by the Miami mediacharged the governments use of an FBI informant who failed a polygraph was a

violation of the Attorney Generals Guidelines on the Use of Informants.

Distinguished Service/Professional OrganizationsLastly, in April 2004, Attorney General JOHN ASHCROFT personally praisedMr. Wedick commenting his successes

represented the finest traditions in the Department of Justice. With almost 35 years experiencein the FBI, Mr. Wedick wasfrequently rated an exceptionalemployee who routinely handled the Bureaus most complicated and sensitiveinvestigations,including writing/supervising both long/short term undercoverproposals/operations, used/supervised criminal informants,monitored/recorded authorizedpersonal/telephone conversations, was long-termundercover agent, and managed a squadFBI agents. Currently, Mr. Wedick is a licensed California Private Investigator [PI] and Certified Fraud Specialist [CFS], andmember in good standing with the Association of Certified Fraud Specialists [ACFS], Association of Certified FraudExaminers [ACFE], California Association of Licensed Investigators [CALI], Sacramento County Bar Association, FBI AgentsAssociation [FBIAA], and Society of Former Special Agents of the FBI.

RECORD EXAMINATION- 5/20 -



- 6/20 -

4. OPINION LETTER OF MR WEDICK

Mr Wedick, an FBI veteran, commended by

the U.S. Congress, the FBI Chief, and the

U.S. Attorney General, is a fraud specialist.

He examined the Grant Deeds for fraud

concerns, in response to request by the

property owner, Mr Joseph Zernik.

In addition to records copied here, MrWedick was also provided, at his own

request, with a volume of over 500 pages of

records - a comprehensive review of Mr

Pasternak's appointment procedure and

subsequent conduct in Samaan v Zernik.


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11230 GOLD EXPRESS DRIVE S'l'E 310 GOLD RIVER CA 95670 916.638.3566WWW.FRAUDSPECIALIS.l.S.COM

To: Dr. Joseph ZernikDate: January 29, 2009From: Investigator/ESubject: Grant Deed file Attorney DAVID J.PASTERNAK,

Los Angeles Superior Court;SAMAAN Vs. Zernik [SC087400);

In accordance with reference litigation currently ongoing in Los AngelesSuperior Court, Dr. JOSEPH ZERNIK retained the professional services of former FBIagent JAMES J. WEDICK as an expert in white-collar-crime [Wcq, fraud andcorruption. Specifically, Mr. WEDICK was asked to examine two [2] GRANT DEEDSpurportedly prepared by Attorney DAVID J. PASTERNAK for the purposes of executinga judgment for Specific Performance entered August 9,2007 in Los Angeles SuperiorCourt-requiring ZERNIK to sell his property for almost $2 million to NNIESAMAAN.

As background information concerning his FBI career, it should be notedMr. WEDICK received the FBI Director's Award for a much publicized investigation inCalifornia that concerned several members of the California State Legislature prosecutedfor taking "bribes" with his accomplishments later cited in the U.S. CongressionalRecord. Mr. WEDICK is a 34-year Bureau veteran whose performance has been praisedby U.S. Attorney General [AG] JOHN ASHCROFT as being in the "highest traditions"of both the FBI and the U.S. Department of Justice. Commenting on his many successfulinvestigations, AG ASHCROFT described Mr. WEDICK's pursuits as literally "models"for other agents to "emulate."


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And because Mr. WEDICK was responsible for the FBI's Sacramentobased white-collar-crime corruption squad, his credentials include handling some of theBureau's most complicated and sensitive investigations, including prosecuting the sonsof New York mobster JOSEPH CHARLES BONANNO for conducting an illicit wirefraud scheme; convicting GILBERT W. CHILTON for orchestrating a $50 million loanfrom the California State Teachers Retirement System [STRS] to a Denver con-man-allin return for a $1 million bribe; and prosecuting Beverly Hills resident MARK L.NATHANSON for extorting Hollywood celebrities actor/director SYLVESTERSTALLONE, music composer BURT BACHARACH, lyricist CAROL BAYER SAGER,entertainment moguls JEFFREY KATZENBERG, BARRY DILLER, and DAVIDGEFFEN, movie producers BLAKE EDWARDS and his wife JULIE ANDREWS,IRWIN WINKLER and MICHAEL JACKSON's business manager SANDY GALLIN.

Mr. WEDICK also is responsible for prosecuting seventeen [17] local citycouncil members, land owners, and developers [in the ClovislFresno area] suspectedsoliciting/receiving "bribes" in exchange for favorable zoning requests-all in violationof the federal RICO and mail fraud statutes-and designed three [3] Health Care FraudInitiatives responsible for prosecuting three-twenty-four [324] Los Angeles basedmedical providers suspected defrauding funds totaling in excess of $228 million fromCalifornia's Medicaid Program.

Reviewing the two [2] Grant Deeds, the first reportedly dated December 7,2007 and the second December 17,2007, Mr. WEDICK opines the very fact two [2]Grant Deeds exist for one transaction-each containing different information-suggestson on-going fraud requiring immediate investigation-particularly before any documentsare allowed to be filed with a court and/or funds are disbursed.With respect to Grant Deed #1 dated December 7,2007, Mr. WEDICK

opines reviewing the document he found DAVID J. PASTERNAK scribbled his name inthe wrong location, i.e. where the notary is required to witness the document and furtherfailed to sign in his capacity as receiver/grantor. Additionally, and most importantly theNotary Public did not witness and attach a court document identifying/appointingAttorney DAVID J. PASTERNAK as an authorized court receiver for JOSEPHZERNIK.

With respect Grant Deed #2 dated December 17, 2007, Mr. WEDICKopines reviewing the document the Notary Public did not witness and failed to attach adocument identifying/appointing Attorney DAVID J. PASTERNAK as an authorizedcourt receiver for JOSEPH ZERNIK. Additionally, the notation, "DAVIDPASTERNAK for JOSEPH V. ZERNIK pursuant to case number SC087400," is not avalid substitute for an authorized court order.

Accordingly, based on above observations MR. WEDICK opines animmediate investigation should be instituted in an effort to ascertain the circumstancesbehind any fraud being committed so that appropriate local, state, and federal authoritiescan be notified, including the appropriate court.

SEE A TT ACHMENT


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California All-Purpose ACknowledgment as of 1 /1 /0 8S ta te of C aliforn ia )C oun ty of , s A C R A M E k i T O )On 1 1 2 9 !O~ be fore me, E. c.. H ( ) k 0M ,a Notar y Public in and for said S tate,perso nally ap pe ared, --- , lANES : : o s . WEal ClC -who pr oved to me th e ba sis of satisf acto ry evide nce) to be the person Y 4 whose name ($ ) is /a jesubscribed to the w ith in instrument and ack nry, v ledged to me that he/sl' teARey exec ute dthe same inhisfh~ir auth orized ca pac ity ~), and tha t by his lA efftheir signature ~ on the ins tru me nt th eperson ~), or the ent ity upo n behalf of whi ch the per son (} ) act ed, executed the ins trumentI cer ti fy unde r pen al ty of pe rjury under the laws of th e S tate of C a lifo rn ia tha t th e f or egoing paragrap h istru e and correct.W ITNESS my hand and official se al.

S ignature.__ ~ ~ ~ = - - - - = : . . . _ ~ _ - _ - _ - _ - _ - _ - _ - _ - _ - _:".,.: "~~HoKOM 1.-.... COMM. #1770388. ~. 1 Notary Public,Californla ~

/ / S A C R A M E N T O C O U N T Y~.~.' ! 1 y , . ,., ,, rtl, Exp, 9 ! 1 1 P t . 21 , 201 1

(A rea fo r N otar y Sea l)

_______________________ OPTIONAL _Though the information below is not required by law, it may prove valuable to persons relying on thedocument and could prevent fraudulent removal and reattachment of this to another document.Further Description of Attached DocumentTitle or Type of Attached Document _Document Date:. _ umber of Pages, _Signer(s) or Issuing Agency:. _Capacity Claimed by CustodianSigner's Name _

o Individualo Corporate Officer- Title(s):.-,- _o Partner - 0 Lirn ited oGeneralo Attorney ill Facto Trusteeo Guardian or Conservatoro Other: _Signer is Representing: _



- 10/20 -

5. TWO (2) FRAUDULENT

GRANT DEEDS



- 11/20 -

5a. 12/07/2007 FRAUDULENT

GRANT DEED

This Grant Deed was presented by DAVIDPASTERNAK in LA Superior Court hearing

on December 7, 2007, purportedly for Court

approval.

This Grant Deed was indeed approved byJudge PATRICIA COLLINS, as part of an

order that she signed on the same day at

DAVID PASTERNAK's request, and which he

entered in court file, albeit, with no notice to

the owner, Defendant ZERNIK, as required

by law.


13/20

RECORDING REQUESTED BY:United Title Company

Title #: 80701422-77APN #: 4328-0024-023WHEN RECORDED MAIL TO

Nivie Samaan

SPACE ABOvE THIS liNE FOR RECORDERS USCGrant DeedThe undersigned grantor(s) declare(s):Documentary transfer tax is $1,889.80(X) computed on full value of property conveyed, or( ) computed on full value less of liens and encumbrances remaining at time of sale.( ) Unincorporated area: () City of Beverly HillsFOR A VALUABLE CONS1DERATlON, receipt of which is hereby acknowledged,Joseph H. Zernik, an unmarried manhereby GRANT{S) toNivle Samaan, a married woman, as her sole and separate propertythat property in The City of Beverly Hills, Los Angeles County, State of California, described as follows:Lot 252 of Tract 7710, in the Oty of Beverly Hills, County of los Angeles, State of California, as per Map recorded inBook 83, Pages 94 and 95 of maps, in the office of the County Recorder of said County.Together with all of Grantor's right, title and interest in and to that certain Oil and Gas lease, executed by andbetween sammy Narens and Lylyan Narens, as Lessor, and Standard Oil Company of California, as Lessee, recordedSeptember 23, 1964, as Instrument No. 3156, Official Records, Los Angeles County, CatiforlaMail Tax Statements to G r a = n ~ t e e = : . . - " a - , - - t - " a - = c d d - , - - r ~ e s s = : . . - - = a - , - - b o - , - - v - , - - e = - , _Dare November 27, 2007

2J 2;Q

RECORD EXAMINATION- 12/20 -


14/20

State of / '___ ) 1 T ~ ) ( , ' r __County of , ft I ' ~ i f ' ~ I David J. Pasternak, ReceiverOn - ;.:: . 1 -

I "'--- 'f> =1 \ J .t ,I. before me,1--\ v _____ (Solely In that capacity)

a Notary P u b l i c , ~ r s o n a l l y appeared :.)~ ' , " ' ' ' ; , i -J- :- ) : . ~ - . ~ .. ,)

At"">,ersonally known to me (or proved to me on the basis of 'r A ,0" - cO t l - ~ ~ ~ : : ~ " ~ : . ' ~ ~ ' : ~ ~ ' ~ ~ ~ ~ ; : ~ , ~ : ~ r . : . ~ ' . , ~ ~ , c : - . C : ' ~ . ~ ~ , ' : ~ ~ . ~ ; A ()instrument the person(s), or the entity upon behalf of which "


15/20RECORD EXAMINATION BY FRAUD EXPERT JAMES WEDICK

PAGE 14

5b. 12/17/2007 FRAUDULENT

GRANT DEED

This Grant Deed was recorded by David

Pasternak with the Office of Registrar/

Recorder of LA County on December 17,

2007.

No notice was served on the owner,

Joseph Zernik, who retrieved this Grant

Deed from the Recorder/Registrar's files a

few months later.


16/20

COUNTY OF LOS ANGELESREGISTRAR-RECORDER/COUNTY CLERK12400 IMPERIAL HWY. - P.O. BOX 1024, NORWALK, CALIFORNIA 90651-1024

DEAN C. LOGANACTINGFlegislrar-Recorder/Counly Clerk

If this document contains any restriction based on race, color,religion, sex, sexual orientation, familial status, marital status,disability, national origin, source of income as defined in subdivision(p) of Section 12955, or ancestry, that restriction violates state andfederal Fair housing laws and is void, and may be removed pursuantto Section 1~ ~ 9 5 6 . 2 of the Government Code. Lawful restrictionsunder state and federal law on the age of occupants in senior housingor housing for older persons shall not be construed as restrictionsbased on familial status.


17/20

I..his page is part of YI)Ur doc unnent DO NOT DISCARD;s: 20072759874 ~ g ~ e s : =- I '"1111111111Recorded/Filed in Official Records Fee' 1400Recorder's Office, Los Angeles County, . .California Tax: 1,889.80

Other: 0.0012/17/07 AT 08:00AM Total: 1,903.80Tttle Company

TITLE(S): DEED

III III III LEAD SHEET

Assessor's Identification Number (Jl.IN)To be completed by Examiner OR Title Corlpany in black ink. Number of AIN's Shown

fot l i l l THIS FOR.M IS NOT TO BE DUPLICATED


18/20

UNITED TITLe COMPANYWESTLAKE VILLAGE BRANCH

RECORDING REQUESTED BY:United Title Company

TilleAPN

tI:tt:

8070 1422774328-0024-023

WHEN RECORDED MAIL TO

12117/07 11111 111\l 11111 11111 11111 lil\ Illl20072759874

SPACE ABOVE THIS LINE FOR RECORDERS USEGrant Deed, . . - - - - - - - - - - - - - : r 0 ; : ~ \ - , -lh e undersigned grantor(s) dec/are(s): yDocumentary transfer ta:( is $1,889,80(X) computed on full vaille of property conveyed, or( ) ccmputed on full value less of liens and enc!.JmbranCE s r ~ m a i n i n g at time of sale.( ) Umllcorporated are,l', ( ~ i t : y of Beverly H i \ \ ~ , r:DR A VALUABLE CONSIDERATION, receipt of which IS h ~ r e b y acknowledged,

r i a ~ i ~ T: ~ a s t e t n a k as Receiver far JosEph V. Zernick pursuant to case number SCOB 400hereby GRANT{S) toNivie Samaan, a married woman, as her sole and separale propertythat property In The City of B e v e r ~ H I I S , Los Angeles [Ollnt ' !, State of California, described as follows:Lot 252 of T r a c ~ 7710, in the City of Beverly Hills, County of Los Angeles, State of California, as per Map recorded In Book 83, Pages 94 and 95 of maps, In the office of the C lur,ty Recorder of said County.Together with all of Grantor's right, title and i n t , ~ r e s t in a 1d to that certain Oil and Gas Lease, executed by andbetween Sammy Narens and Lylyan Narens, as Lesser, a ld Standard Oil Company of california, as Lessee, recordedSeptember 23, 1964, as Instrument No. 3156, Official Re :ords, Los Angeles County, Califoria

- - - - - - - -_ . - - - - - - -_.-.- -Date


19/20

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L ( ;> , J I ( ) J . _ ~ ; ; : k ~ z __personally known to me (or proved to me on the baSI!, ofsatisfactory eVidence) to b l the person(s) whose name(s) isiaresul)scribed to the within i n ~ ; t r u m e n t and acknowledged to mettwt 11e/she/tf1ey executed the same in his/her/their iJ'Jthori;:edCilpilCity(If.'S), ana that by his/her/their signature(s) on the1 I " l ~ , t r u m e n t the person(s), or the entity upon behalf (If w!:lchthe p e r ~ o n ( s ) acted, exeC1;,ted the Instrument.WITNESS my hand and qJ1'i2:ial sealSlqnature _ }-/" r ~ ~ / ( F l" t ir ;f:'''' ~ , , ~ , . I ./ 1- , . \ r.,__ fr"r; ((', I ( (! { / /A....-I\ame (typed or printed) f Jbl5 14() 8(9'l

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STAMP IS ON BACK OF LAST PAGE

Documents

2007-12-17 Samaan v Zernik (SC087400) David Pasternak: Grant Deeds in re: 320 South Peck Drive, Beverly Hills, CA 90212, opined as fraud by James Wedick ss