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m v.

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  • Mizuho.co.jp

11/22/20

MIZUHO AMERICAS – REGULATORY VIOLATIONS, RETALIATION, MORAL TURPITUDE

I wish to notify Mizuho General Counsel of violations of the Dodd-Frank Whistleblower Protection Act. I made several internal reports to senior management within Mizuho Americas regarding conduct that I believed constituted serious breaches of law and Regulatory Statutes.

THE SPECIFIC REGULATORY DEFALCATIONS

The specific breaches included
• violation of SR 11/7 model governance
• false statements to Regulators and Internal Audit
• retaliation for reporting the discovery of algorithmic errors in a model, the "ABS Tool", an error that was resulting in material quantitative errors in modeling stress losses for ABS securities
• misuse of models (using a model for a non-approved purpose in violation of SR 11/7)
• significant errors in model validation (the model was only validated for one specific parameter while in reality the tool was never used by the front office using that parameter value, which essentially meant the model was never validated and this should have been self-reported to the Regulators)
• fraudulent statements to regulators and Internal Audit.
• The providing of fraudulent information and the concealment of material deficiencies in the ABS Tool to Accenture (auditor) due to Accenture findings of serious breaches in model validation governance as summarized in an email chain (Michael Weiss, Accenture 11/19/2019 2:49 PM and Asghar Hasnain 11/19/2019 3:00PM)

RETALIATION

I was subject to retaliation for reporting these issues to management attention. I also specifically stated in meetings that I had discussed these findings with regulators.

I was subject to a lengthy period of retaliation by Bill Williamson (Managing Director), and with his active encouragement, Marc Vial (Director), and two of Marc Vial's subordinates, Jeff Li (Director) and Wendy Chan (Vice President).

Jeff Li engaged in workplace violence on 10/24/2019. I reported this misconduct and an HR representative named "Gavin" stated that "you do not work for Mizuho so we have no obligation to investigate this". Bill Williamson was clearly more concerned that I reported this to HR rather than correcting the underlying issue. In fact, two directors later acknowledged to me that this individual, Jeff Li, had numerous complaints by other individuals which went well before my start date at Mizuho.

***Mark Vial has an inappropriate relationship with a manager director who is a direct report to Eric Yoss. Vial has a history of using this to retaliate against other individuals who have raised questions about regulatory defalcations. Specifically, Vial wrote a 14 page complaint to HR against another Director who stated that he would refuse to continue to report to Vial due to Regulatory concerns – the report was fantastically devoid of any factual allegations. This occurred before my employment started at Mizuho

Bill Williamson actively encouraged the three individuals above to engage in conduct that violated the below:

• NYC Human Rights code
• criminal harassment in the second degree (NY 240.30)
• Mizuho's Ethics Code
• Code of Conduct
• establishment and encouragement of a hostile and discriminatory work environment because of disability status and veteran status.

MORAL TURPITUDE

I had a death in my immediate family on 18 JAN 2020. I discussed this with management and because of concern with the ABS Securitization Project deadline to remediate audit findings by MAR 2020, I did NOT travel overseas. While Bill Williamson took over three weeks off due to a death in HIS family, he actively encouraged abusive behavior by a subordinate, Wendy Chan, to actively interfere with my attempts to make funeral arrangements for the family member.

Bill Williamson went on record repeatedly stating that these violations of the NYC Human Rights code and discriminatory and abusive behavior was not harassment but was "politics", and as a consultant, I had no recourse.

On Wednesday 5 February I informed Bill Williamson in front of no less than 5 witnesses that I was going to file a complaint with HR over the abusive conduct by Marc Vial and Wendy Chan.

MEETING 28 JAN 2020

Attendees (ordered by seating arrangement Room 32-02): Andrew Kavalov, Munjal Desai, Vijay Kotapaki, Issei Shinohara, Marc Vial, Rakesh Chaudhari, Wendy Chan, William Robinson

TRANSCRIPT

……
12:38:: Mark. The stuff that Wendy just mentioned about the collateral files. That work has already been done. Bill said that he did not want this meeting to result in work being duplicated. I am worried we are not going to make the 1 MAR deadline.

12:38:50 Vial: It is not your role to be concerned.

12:38:57: Excuse me. I want to take notes. You said "It is not my role to be concerned"?

Vial nods his head

12:39:17 Robinson:. That's not what he said.

12:39:25: Bill, that's exactly what he said. I wrote it down

12:39:40: Munjal, did you agree with what I said Mark said?

Desai nods his head

12:39:55 Robinson: … Mark never said that

William Robinson clearly engages in delusional conduct and actively encouraged his subordinates to engage in workplace violence, harassment, and moral turpitude.

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