JOHN L. O’BRIEN, JR. Register of Deeds Calls for Criminal Action Against the Big Banks, Says they acted like “criminal enterprise”


Salem, MA
January 18th, 2012
Contact: Kevin Harvey 1st Assistant Register
O’Brien calls for criminal action against the Big Banks
Says they acted like “criminal enterprise”

Saying that the time has come for a full scale criminal investigation, Southern Essex District Register of Deeds John O’Brien, today has sent some 31,897 of what he says are fraudulent documents that have been recorded in the Salem Registry to Massachusetts Attorney General Martha Coakley, U.S. Attorney General Eric Holder and U.S. Attorney Carmen Ortiz.

O’Brien said that he is asking these officials to impanel a Grand Jury to look into the evidence that he has presented. “I am confident that these documents will show a pattern of fraud, uttering and forgery. These documents are signed by known robo or surrogate signers, whose signatures were supposedly witnessed by notary publics. In addition, these documents may contain fraudulent information in the body of the documents. I believe that a criminal investigation is the next step to hold the perpetrators responsible.”

O’Brien praised Attorney General Coakley for her aggressive pursuit of wrongdoing in her civil action but noted that other states such as California, Nevada, Illinois and Michigan have launched criminal investigations, and O’Brien is hopeful that Massachusetts will do the same. O’Brien strongly suggests that the Grand Jury should subpoena both the past and present Chief Executive Officers (CEOs) of the Mortgage Electronic Recording Systems, Inc. (“MERS”), Bank of America, JP Morgan Chase, Citibank, Wells Fargo, Countrywide, Washington Mutual among others.

In addition, he is asking that the top officials of DOCX, Nationwide Title Clearing, Inc. and LPS also be subpoenaed. “These companies have been retained by MERS and its member-banks to produce the documents that I am alleging contain fraudulent information. It is one thing to go after these institutions with a civil action, but the only way to let them know that you are serious is to call them before a Grand Jury.” O’Brien said, “There is no question in my mind that the officers of these banks and loan processing servicers made a conscious decision to commit fraud and participate in a scheme to deprive the public from knowing the true holder of their mortgage while at the same time avoiding paying billions of dollars in recording fees.

It is my opinion that they acted as a criminal enterprise, crossing state lines to commit their crimes and in most cases using the U.S. Postal Service to send these documents to registries of deeds, thereby committing mail fraud. We need to know what they knew and when they knew it.

Until the CEOs who allowed these fraudulent activities to happen under their watch are sent to jail for what they did, these types of illegal behaviors will continue.” Just last week, O’Brien’s Registry received 3 documents from Bank of America, all signed by a known robo-signer, Linda Burton. O’Brien said, “If they are sending them to me, of all people, it is safe to assume that they are sending them to registries across the country.”

O’Brien refuses to record any documents signed by a robo-signer on his list unless those documents are accompanied by an affidavit attesting to the signature. So far, he has not received one affidavit. “That clearly shows me that those documents were in fact fraudulent.” O’Brien said that if he or anyone else went into one of these major banks and forged a signature on a loan document they would be arrested and sent into jail.

So it begs the question, why haven’t these CEO’S been held accountable? O’Brien cited the case of the individual who walked into a Walmart and tried to make a purchase using a fraudulent One Million Dollar bill. He was arrested and charged with attempting to obtain property by false pretence and uttering a forged instrument. O’Brien said, “As far as I am concerned, this is what these banks have been doing for years. Make no mistake, MERS and its member-banks are taking people’s homes using fraudulent documents and that is something we do not do in America.”

In addition, O’Brien is zeroing in on the major foreclosure law firms that he believes have acted as a co-conspirator in flooding the registries of deeds with these fraudulent instruments. “These attorneys should know better. They have acted as co-conspirators in perpetrating this fraud. I am sending a letter to the Massachusetts Board of Bar Overseers asking that they conduct an independent investigation into the activities of these firms.

Unlike our Massachusetts Attorney General Martha Coakley, I understand that there are other Attorneys General and other public officials across the country who would like nothing better than to sweep this matter under the rug and grant these lenders, loan servicing companies and their foreclosure-mill attorneys immunity for the damage that they have caused, not only to our economy but to people’s property rights. They would be willing to accept pennies on the dollar, a slap on the wrist, and a promise to never do it again. If that should happen, it would be the biggest sellout of the American People that I have ever seen. It would send the wrong message that the big boys can get away with anything.

As I have been saying all along, they may think they are too big to fail, but as far as I am concerned, they are not to big to go to jail. The top officials at MERS, its member-banks, servicers and foreclosure-mill attorneys must be prosecuted and held accountable for their fraudulent schemes that brought profits to their institutions by cutting corners, circumventing land recordation systems through fraud, uttering and forgery.”



22 Responses to “JOHN L. O’BRIEN, JR. Register of Deeds Calls for Criminal Action Against the Big Banks, Says they acted like “criminal enterprise””
  1. EM says:

    If you’re lawsuit hasn’t moved forward in a year. You’re not doing enough! Don’t wait for them, make them answer, hold them accountable and if they still don’t answer hole them in contempt. My home was STOLEN from me by US Bank Na. I filed a lawsuit and had a forensic exam/audit done by an expert with his affidavit testifying that my loan was not recorded properly and dissolved in a trust so BAC or US Bank NA had NO LEGAL right to foreclose! They should be charged with racketeering, civil rico, mail fraud, violating hobbs and patriot act, forgery, fraud and malfease, filing fraudulent documents in a public office, and more!

  2. COCO says:


  3. Isabel Santamaria says:

    Obviously, Mr. O’Brien has realized what I already knew long ago and what many are also confirming, that Bank of America and other banks are racketeering. WTG O’Brien!!! I have no idea why so few people (including myself) have sued Bank of America for racketeering. Bank of America has clearly violated quite a few RICO laws with their pattern of racketeering. This criminal enterprise must come down. These corporate criminals need to go to prison for their crimes.

    Bank of America is a Racketeering Enterprise! Please read my article about it here:

  4. Ali says:

    I found out today that the mortgage broker we used on origination is out of MA. They have a very welcoming web sit (the Recorder’s office ) I called and they were very interested in First Morgage Corp. So I looked them up on our Recorders website and I found a whole lot of mortgages just like mine. My signiture was signed frudulently,so the notery was fraudulent, and I found a connection to the appraiser. I’m just a layperson but the fraud was so obvious. There will never be an econonic recovery without a housing recovery. Where’s Obama and Holder, Holder used to defend the banksters in some way. But it all ties together. The crooks know we’re coming and are running for cover, notice the flurry of assignments @ the clerks office. I hope they are shitting bricks! They need to be punished and made to pay every penny they have stolen and damages for all the sleepless nights, stress and illness’ caused by thier greedy reckless conduct. I think this is just what someone wanted and if we don’t get rid of him come election time we will all be in bread lines and soup kitchens. He’s a cold hearted basturd.

    • lvent says:

      I want to know how these crooks were ever allowed to record fraudulent assignments and releases in the first place?…I was helping a friend who paid her mortgage off a few years ago make sure it was done right…lo and behold it wasn’t….there was a partially released mortgage by CITI at the recorders office and the clerk defended that and assured her all was well….I beg to differ….she also found the title company forged her husbands signature on a release to public…she confronted them and guess what…?..they admitted to forgery and said they were just in a hurry…an attorney friend of hers told her…oh why get the person fired for that…! She also called CITI and requested her original mortgage and note stamped paid…they told her they don’t have it!…her attorney friend told her don’t worry…you have the satisfaction and all of that other stuff are just technicalities…! Again., I beg to differ!..I told her if I were her I would ask the title company for a hold harmless letter as stated in… (765 ILCS 935/10.1) the Illinois mortgage certificate of release act..I told her not to trust any of them….

  5. lvent says:

    Looks like President Obama has egg all over his face yet again for saying what these crooks did was not criminal……just reckless…..that statement by Obama was reckless and could also be considered a criminal act…no one, not even the President is above the law…..! what these crooks did and are still doing to this very day is criminal and Obama and the DOJ are obstructing justice…that is the only conclusion that can be drawn as to why, to this very day there have been NO criminal prosecutions of these crooks….and they are still being allowed to financially terrorize the American people… NO ONE IS ABOVE THE LAW…!

  6. Jason Werner says:

    This guy is speaking my language.

  7. woodknotgo says:

    God Bless You John O’Brian & Kevin Harvey for your intelligence & integrity and bravery !
    Thank God- !!
    AG PAM BONDI-wake up !! do your job to rectify the wrongs done to FLORIDA.

    • Pam Bondi is awake she is corrupt! My uncle had a t shirt that said I would like to see things from your point of view, however there is not enough room for both our heads up your A**! She knows what is happening to us, she does not care.

      • Yes and thank God above for the good people on this earth like O’Brien and Szymonaik, Weidner, Neil Garfield, Shawn Newman, Josh, Karen P, S.M. and many many more I have not pointed out all the bloggers and Lisa Epstein, and many more all the OWS people! We have thousands and millions on our side. Dont give up the fight and we have God on our side. The rest have the Devil and they will burn someday.

  8. lies is all they tell says:

    my favorite is my own note with my signature forged and the endorser a rubber stamp signature

  9. lvent says:

    There they are…all crimes prosecutable under RICO….FELONIES…!

    • lvent says:

      It has been a pattern of racketeering activity from the closing table to the fraudclosure…..these crooks have received trillions in ill gotten gains..Under the law, racketeering activity means:

      Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in an obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);

      Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18);

      Bankruptcy fraud or securities fraud..

      These are some of the crimes punishable under RICO…Under RICO… a person who is a member of an enterprise that has committed any two of 35 crimes-27 federal crimes and 8 state crimes-within a ten year period can be charged with racketeering..Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count…In addition the racketeer must forfeit all ill-gotten gains and interest in any business through a pattern of “racketeering activity.” RICO also permits a private individual harmed by the actions of such an enterprise to file a civil suit; if successful, the individual can collect treble damages…

      • William says:

        The Statute of Limitations runs forever, or so it would seem by what the RICO statute says, regarding if the concealing the racketeering. I am no lawyer, but I talked to one about this, and seemed to believe that the statute of limitations did not begin until the concealment had ended.

      • Fraud upon the court has unlimited statutes and does not have an ending until you are satisfied with justice done.

      • lvent says:

        Fantastic news..! Where are the rest of the recorders and AGs? They should all be stepping ip..It is obviously going to be up to the individual States to bring this racket down..the FEDS have obviously been told to stand down..the States attorneys offices should be in on this as well as the county sheriffs..

      • lvent says:

        I am going to study this…I am using Civil RICO as one of my defenses in my fraudclosure…there are 2 entities involved in the fraudclosure and there are at least 2 elements that I know I can prove…we shouldn’t stop filing complaints until the indictments start being dropped..!

      • qwester says:

        So get Holder to do his job and indict these malefactors. Don’t hold your breath.

      • lvent says:

        Qwester..Obama told the bankers in a speech to them, not long after he was “elected” pres that he is the only thing standing between them and the pitchforks…Obama is blocking criminal prosecutions of the banksters…

    • Isabel Santamaria says:

      You are absolutely right!! That is why my husband and I filed a lawsuit more than a year ago against Bank of America for racketeering. Even though I can clearly prove that Bank of America has participated in a pattern of racketeering, I am definitely going to use Mr. O’Brien’s discovery to further strengthen my case. I am still awaiting a response on my case and hopefully the judge does not turn a blind eye to my accusations against the criminals at Bank of America.

      Our recent Pleading:

      My article on Bank of America’s blatant racketeering:

  10. Charles Deihl says:

    There are so much Fraudulent Activitys that these Banks are Performing that Loan Sharks has left a pool of Blood on their Journy for more Riches & Wealth.They have Destroyed All Dreams of a Brighter Better Future For All

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