New Cases Allege Bank of America / Merrill Lynch Aided and Abetted ‘Real Housewives’ Tom and Erika Girardi Massive Fraud Scheme in Posing as Victim’s Father and Widow to Steal $27.459B of Victim’s Sovereign Towers Settlement and Purchase of Spelling Manor: Bank Still Refusing to Help the Victims

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BEVERLY HILLS, CALIFORNIA, USA – The unopposed civil case for negligence is for the return from Berkshire Hathaway (NYSE: BRK) owned-Bank of America Corporation (NYSE: BAC) for the Victim and Plaintiff, Chairman and CEO of The Hollywood Land Development Company LLC, Nicholas Phipps White’s $27.459 billion Sovereign Towers settlement, issued as a U.S. Treasury check, in addition to the return of the Victim’s home from West Coast Escrow Company, a subsidiary of Anywhere Real Estate Inc. (NYSE: HOUS), titled by Fidelity National Title, a subsidiary of Fidelity National Financial (NYSE: FNF).

The negligence case filed more than a year ago on June 7, 2021 Nicholas Phipps White vs. Bank of America, N.A. and Merrill Lynch, Pierce, Fenner and Smith Incorporated, which in part will assist the 500+ Victims owed $517,000,000 of the Girardi Bankruptcy, has been assigned to former U.S. Navy JAG, The Honorable Judge Mark Blumstein of the Miami-Dade County, Florida 11^th Circuit Court. An additional civil fraud case was filed on July 2, 2022 in the United States District Court for the Central District of California with the Honorable Federal Judge George H. Wu Nicholas Phipps White vs. Anywhere Real Estate Inc. for Anywhere Real Estate Inc. for the return of the Victim’s home by correcting the grant deed for the Plaintiff regarding the property located at 594 South Mapleton Drive, Los Angeles, CA 90024 (APN: 4359-013-032), also known as the “Spelling Manor”, which was purchased with the Victim’s funds from Bank of America / Merrill Lynch global consumer account (649-13284) without his knowledge on July 2, 2019.

The unopposed Bank of America lawsuit alleges that “the Defendants” Bank of America’s CEO Brian T. Moynihan and Merrill Lynch’s President Andrew Sieg, were negligent in allowing a global Merrill Lynch consumer account (649-13284) to be fraudulently opened three years ago, on June 7, 2019 at the Merrill Lynch Coral Gables, FL location more than 3,000 miles away from and without the Plaintiff’s knowledge an existing customer of Bank of America and resident of California, with a fraudulent Italian passport and a forged unrecorded birth certificate for the Plaintiff by disgraced and disbarred attorney Tom Girardi, naming 83-year old Girardi as his father, and a fraudulent unrecorded marriage certificate naming 51-year old Erika Girardi, posing as a fictitious “Erika White”, as his wife and now widow. The fraudulent Italian passport Bank of America accepted was illicitly obtained from the Italian Consulate in San Francisco by Tom Girardi (who was actually born in Italy and immigrated to the U.S. in 1954) with now expired immigration papers. Girardi could face deportation from the United States.

Disgraced Tom Girardi’s 51-year old wife, the Real Housewives of Beverly Hills (RHOBH) reality performer, Erika Nichole Girardi (aka Erika Jayne), fraudulently posed as a fabricated “Erika White”, who perpetrated to be the wife and widow of Plaintiff, Nicholas Phipps White, Chairman and CEO of The Hollywood Land Development Company in California. Bank of America/Merrill Lynch aided and abetted Erika Girardi by accepting, among other forged documents, illegitimate and unrecorded Letters of Probate, granting her control as the Administrator of the Merrill Lynch global consumer account (649-13284). Bank of America’s Former U.S. Secretary of State and U.S. Senator John Kerry served as Bank of America’s Global Advisory Council Chairman which included Bank of America’s CEO Brian Moynihan from October 2017 – January 2021 knew the actual Plaintiff’s father from Yale University in New Haven, Connecticut where the Plaintiff was born, Managing Director of the Sovereign Towers, architect Mr. Lawrence Phipps White, grandson of U.S. Senator Lawrence Phipps, former Treasurer of Carnegie Steel, now part of U.S. Steel.

The Girardi’s scheme, aided and abetted by Bank of America, was intentionally done in order to conceal the $27.459 billion-dollar Sovereign Towers settlement and to prevent the Plaintiff Nicholas Phipps White, who is the legitimate owner of the account (649-13284), to not have any access to even one dollar of his account, while the Defendants allowed Erika Girardi and others to unlawfully spend from the Plaintiff’s global account. Additionally, Bank of America / Merrill Lynch issued more than 25+ unauthorized Visa debit cards to Erika Girardi from the Plaintiff’s global account for a vast network of friends, political operatives, and associates of the Democrat political fundraiser Tom Girardi and his wife Erika Girardi to illicitly use. Previously, Bank of America had allowed fraudulent money transfers from the Plaintiff’s Merrill Lynch account (649-13284) to the vast network of friends, political operatives and associates of Tom and Erika Girardi across 16 states through Bank of America’s “Erica” virtual financial  assistant launched in June 2018, and utilized the Bank of America-owned “Zelle” payment platform which allows transfer of funds of $2,500 daily from the Plaintiff’s account, assisted by Devon Investment Advisory, owned by Archer Systems, investment advisor associates of Tom Girardi’s that Bank of America illicitly approved, with Devon Investment Advisory previously terminated by SEC. Subsequently, beginning in April 2021, Bank of America converted more than $14 billion of Nicholas Phipps White’s funds from his Merrill Lynch global account to Bank of America’s “$25 billion stock buy-back” that was announced in early 2021.

Other unauthorized transactions Bank of America aided and abetted the Girardi’s with included the wire transfer from the Merrill Lynch account (649-13284), in the amount of $119,750,000 for the purchase on July 2, 2019, disguised as an LLC without his knowledge as the “anonymous buyer” of the alleged “birthday present” for the Plaintiff’s wife of the “Spelling Manor” located at 594 South Mapleton Drive in Los Angeles, CA 90024 (APN: 4359-013-032). This property was co-listed by The Agency and Anywhere Real Estate Inc.’s Coldwell Banker Realty and the Plaintiff was disguised as an “anonymous buyer” represented by the recently deceased Jeff Hyland of Hilton & Hyland with the escrow by West Coast Escrow Company of Beverly Hills, CA and titling of the property by Fidelity National Title Group of Los Angeles.

Subsequently, Nicholas Phipps White, without his knowledge of the home purchase, has been subjected to paying monthly utility bills from his global Merrill Lynch account that were as high as $29,932.70 to the Los Angeles Department of Power and Water, while the vast network of friends, political operatives and associates of Tom and Erika Girardi, used the Plaintiff’s house for lavish entertaining. Additionally, the Plaintiff’s home was illicitly managed by staff from ABM Industries (NYSE: ABM) brought in from their New York offices at One Liberty Plaza, the building of the original headquarters of Merrill Lynch. The Plaintiff has been subjected to paying from the Plaintiff’s Merrill Lynch account for lavish around-the-clock “embassy style” security services to ABM for the Girardi’s and their friends, operatives, and associates at the Plaintiff’s home.

The current listing of the Spelling Manor property initiated by Erika Girardi posing “Erika White” as the widow of the Plaintiff, was suspended on March 22, 2022 after the fraudulent wire from Bank of America from the July 2, 2019 purchase of the Spelling Manor was reported by the Plaintiff, the owner of the home, to U.S. Attorney General Garland at the U.S. Department of Justice.

The Plaintiff, Mr. Nicholas Phipps White, who is an existing customer of Bank of America, had previously and urgently attempted to contact Bank of America’s Chairman and CEO Brian T. Moynihan more than104 times to report the massive fraud and unconscionable acts allowed to be committed by Tom and Erika Girardi. In fact, Bank of America’s CEO Brian Moynihan had previously known Tom Girardi and received payment from the Plaintiff’s Merrill Lynch account to aid and abet the fraud. The Plaintiff has also requested the immediate closure of his Merrill Lynch account (649-13284) and the return of his funds. Brokers’ licenses for both Bank of America’s Brian Moynihan, Merrill Lynch’s President Andrew Sieg and Devon Investment Advisory owned by Archer Systems misconduct, were reported to the Securities and Exchange Commission, which is regulated by Financial Industry Regulatory Authority (FINRA).

The missing U.S. Treasury Sovereign Towers settlement check from February 26, 2021, which was reported on April 26, 2021 to U.S. Attorney General Merrick Garland and occurred during the tenure of Acting U.S. Attorney General Monty Wilkinson and U.S. Treasury Secretary Janet Yellen, was given to and illicitly deposited by Erika Girardi (who was posing as the Plaintiff’s widow Erika White) into the Merrill Lynch global account (649-13284). The subsequent 25+ Visa debit card fraud at Merrill Lynch, has been properly reported to U.S. Attorney Garland on September 8, 2021 which led to one of the largest financial institution leadership shakeups announced by Bank of America on September 10, 2021. The U.S. Attorney’s Office for the Central District of California, California Attorney General Rob Bonta and Los Angeles Police Department (LAPD) Sheriff Alex Villanueva had been notified regarding the fraud.

Additionally, the matter for the return of the Sovereign Towers settlement to the Plaintiff had been submitted by the Plaintiff’s Senator Dianne Feinstein to the bi-partisan U.S. Senate Judiciary Committee in regards to outreach for the Girardi Victims to Attorney General Garland at the U.S. Department of Justice. Moreover, the U.S. Secretary of Homeland Security Alejandro Nicholas Mayorkas has been notified regarding the passport fraud at Bank of America by Italian native Tom Girardi on U.S. citizen Nicholas Phipps White at the Italian Consulate in San Francisco, whose previous Consul General Lorenzo Ortona abruptly departed in June 29, 2021 after the Bank of America was filed on June 7, 2021.

The violations by the realtors and attorneys regarding the Spelling Manor, which include fellow reality cast members: Rick Hilton of Hilton & Hyland and Mauricio Umansky of The Agency, in addition to Coldwell Banker Realty Tony Papillo, Jade Mills and Michael Caruso, Broker for California  for The Agency, have been reported to the California Department of Real Estate for investigation. Attorney misconduct complaints have been filed to the California State Bar on Tom Girardi of the now defunct Girardi & Keese law firm, in addition, to Bank of America’s owner Berkshire Hathaway’s Vice-Chairman attorney Charlie Munger, friend of Girardi and fellow Pasadena, CA resident, founder of the law firm Munger, Tolles and Olson of Los Angeles and who recently resigned on March 28, 2022, as Chairman of The Daily Journal Corporation (NASDAQ: DJCO) after the fraud was reported to the Attorney General Garland on March 22, 2022 that his publication The Daily Journal in Los Angeles aided Erika Girardi in running a fraudulent legal notice for the illegitimate manufactured “Erika White” Bank of America accepted.

In addition, attorney complaints were submitted on California attorney Dennis Roach of Clinton Development Inc. who posed as a fraudulent property manager for the Plaintiff’s property “Spelling Manor” and CEO of 594 Mapleton LLC, and developer/real estate attorney Rick Caruso, current Los Angeles mayoral candidate, friend of Tom Girardi and related to Michael Caruso from The Agency, which the California State Bar records show surrendered his law license on July 2, 2019, the day of the 594 South Mapleton Drive, Los Angeles, CA 90024 transaction from the Plaintiff’s Bank of America/Merrill Lynch global account.

The illegitimate unrecorded death certificate Bank of America /Merrill Lynch accepted from Erika Girardi posing as the Plaintiff’s widow was signed in 2020 by resident student Dr. Narek O. Torosyan DO for which he received payment from the Plaintiff’s Merrill Lynch account, which in part was used to pay off his medical school loans. Dr. Torosyan had worked with Tom Girardi’s celebrity family physician, San Francisco-native Dr. James Keller Wortham MD from the Optimum Wellness Group of Glendale, CA, formerly the practice of deceased Church of Scientology physician, Dr. G. Meghan Shields who died in 2016. Consequently, Dr. Wortham’s partner at Optimum Wellness Group, Dr. Nare Stepanyan MD purchased the deceased Dr. Shield’s family practice in 2020, in an attempt to conceal the fraudulent death certificate and fabricate medical records on the Plaintiff, who had never been a patient of the family medicine physicians of Tom Girardi, posing as the Plaintiff’s father at Bank of America.

Additionally a colleague of Dr. Torosyan now with Kaiser Permanente, Dr. Jesse Goitia MD allowed Erika Girardi to use his address of 3389 Bennett Drive, Los Angeles, CA 90068 for the manufactured “Erika White” the Plaintiff’s wife and widow in fraudulent court documents accepted by Bank of America.  Misconduct complaints have been submitted to the Medical Board of California Department of Consumer Affairs for the physicians involved.

Berkshire Hathaway’s Chairman and CEO Warren E. Buffett, the majority owner of Bank of America, is aware that the claim of $27,459,774,612 in the unopposed case filed on June 7, 2021 has been submitted to Bank of America’s Insurance Broker, Marsh USA, Inc., a subsidiary of Marsh & McLellan Companies, Inc. (NYSE: MMC), however, the Plaintiff’s funds were intentionally underinsured with a policy limit of $25B with 10% of $27.459B  illicitly transferred from the Plaintiff’s Merrill Lynch account (649-13284) to Camden Capital Partners in Los Angeles, CA. The claim will need to be paid from a combination of the Directors & Officers (D&O) insurance and Bank of America/Merrill Lynch funds. Formal complaints regarding Marsh & McLennan Companies have been submitted to The New York Department of Finance that regulates insurance companies, in addition to the investigation of attorney misconduct to the New York State Bar of Marsh’s Senior Assistant General Counsel attorney Christopher J. Troisi and Marsh Managing Director of FINPRO Claims, Richard Damian Brew, whose New York bar license is currently suspended.

To date, Bank of America / Merrill Lynch has refused to settle for more than a year and continues to acknowledge the reality TV performer as the fraudulent widow and the Administrator of Probate for Nicholas Phipps White’s global Merrill Lynch account at 100 N Larchmont Blvd, Los Angeles, CA 90004 Bank of America Financial Center, where Erika Girardi lives within approximately one mile and continued to access the Plaintiff’s funds at that branch, until the recent temporary closure of that location by Bank of America management due the massive fraud and the unrecorded Letters of Administration and death certificate presented there by Erika Girardi posing as the Plaintiff’s widow.

This serious and grave unresolved matter continues to deny Nicholas Phipps White access to his own account or return his funds of $27,459,774,612 in an effort to conceal the fraudulent transactions Bank of America allowed. The Plaintiff is requesting that the Court hold the Defendants’ accountable for one count of negligence and grant the Emergency Motion for Default from Judge Blumstein, for return of the Plaintiff’s funds of $27,459,774,612 and the closure of the Merrill Lynch global account (649-13284) whereby Bank of America allowed the account to be opened with a fraudulent Italian passport, which in part will help fund the $517 million owed to more than 500 Victims of the Girardi Bankruptcy. The matter is urgent due to the Bank of America policy set to expire July 21, 2022, which was taken out by Bank of America on July 21, 2020.

The Sovereign Towers project “Sovereign Tower I” featured a planned Marriott-dual branded Ritz-Carlton / St. Regis 32-story 800-room luxury hotel sold to The Kingdom of Saudi Arabia’s Public Investment Fund (PIF). Nicholas Phipps White is the 100% percent owner of both the privately-held California-based, non-partisan “The Hollywood Land Development Company, LLC and the Sovereign Towers project.”  Nicholas Phipps White is the great-great grandson of prominent philanthropist U.S. Senator Lawrence Phipps of Colorado, Treasurer of Carnegie Steel, who architected U.S. Steel, the first billion-dollar company in the world. Mr. Nicholas Phipps White is husband to Mrs. Mirga Phipps White MBA, who married in Palm Beach, Florida on July 21, 2010, and the son of Yale-educated architect Lawrence Phipps White AIA, the Managing Director of The Sovereign Towers. Mr. Nicholas Phipps White is also the grandson of Harvard-educated Brigadier General Nicholas Allen USAF, former Judge Advocate General and former Assistant Secretary of Commerce for International Affairs for the United States of America.