FRAUD ON THE COURT

 

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FRAUD on the Court

Fraud on the court is one of the most serious crimes that can occur in a court of law. Fraud upon the court makes void the orders and judgments of that court. One of the most serious crimes is “criminal alteration” of audio records of court hearings. 18 Pa.C.S. § 4911. Tampering with Court Records.

Fraud on the court occurs when the judicial machinery itself has been tainted, such as when an attorney / prosecutor, an officer of the court, is involved in the perpetration of a fraud or makes material misrepresentations to the court. Fraud upon the court makes void the orders and judgments of that court.

In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated:
“Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. … It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function — thus where the impartial functions of the court have been directly corrupted.”

If fraud on the court occurs, the effect is that the entire case shall be made void or cancelled. If a court official is found to be biased or prejudiced even before fraud occurs, they are required to recuse themselves from the case, and a different official must be appointed. In some jurisdictions, a trial tainted by fraud on the court may be vacated or set aside for a certain time period (such as two years), to be “reopened” at a later date. Fraud on the court is a criminal act that is a breeding ground for other crimes against the state and against litigants. 

Fraud, by definition, is an intentional perversion of truth. Fraud may be by direct falsehood, or innuendo, or suppression of truth, …, by speech or by silence, etc. Black’s Law Dict. 6th Ed. , p. 660. Fraud violates due process of law, and terminates the “intangible right to honest services” promised to the People.  18 U.S.C. § 1346.

A “fraud on the court” occurs when a prosecutor enters into the record a “false” or counterfeit document, or when a prosecutor knowingly and intentionally misrepresents material fact OR law to the court.   A fraud on the court may also occur when a lower court forwards court documents to appellate court for review,  when the lower court (judge) knows that the record is incomplete or inaccurate as a result of “Tampering with official records.”  See 18 Pa.C.S. § 4911.

What Happens to the Trial If (When) Fraud on the Court Occurs?

When a fraud on the court occurs, the effect is that the entire case shall be made void or cancelled. Any ruling or judgment that the court has issued will be void. The case will usually need to be retried with different court officials, often in an entirely different venue.
For the official who acted in fraud upon the court, they may very well be required to step down from their position and may even be subjected to criminal consequences such as a fine or a jail sentence. It could also result in other serious consequences, such as an attorney being disbarred, or a judge being removed from service.
If a court official is found to be biased or prejudiced even before fraud occurs, they are required to recuse themselves from the case, and a different official must be appointed. In some jurisdictions, a trial tainted by fraud on the court may be vacated or set aside for a certain time period (such as two years), to be “reopened” at a later date.

 

 

 

 

9 thoughts on “FRAUD ON THE COURT

    1. Administrator Post author

      Excellent Question, Ethel.

      If you are speaking of “fraud” by the DA, prosecutors or judges, the U.S. Attorney (FBI) have a duty to investigate.
      … from My Experience … GOOD LUCK!

      Visit CONSTITUTION / “The Contract” …. All law is ‘civil’ … “fraud on the court” is criminal. But for the Corruption, this would not be an issue.

      Reply
  1. Pe Hoffman

    During a custody case where abuse of a child is confirmed by a medical doctor and psychologist and the non offending parent withholds child violating the custody order-the judge issued the customary court paper scheduling a hearing to address a stay. It is also adiviced that the child comes to testify. But when parent arrives at the hearing there is no hearing and the every is present to take child- does this fall under fraud.

    Reply
    1. Administrator Post author

      Lots of crimes occur under this scenario … see 5 CFR 2635.101, Basic obligations of public servants; 18 USC 1346 Duty to provide “honest services”; and many others, including “Fraud on the Court” by the govt. and abuse of office.
      btw, depending on the age of the children, their testimony is not permitted.
      When a child reaches the age of 12 ??? … I urge parents to have the child submit a Notarized Affidavit to express their position.

      Courts HATE This!
      Also, AVOID … if you can … a court-appointed GAL.
      If necessary, the GAL need not be an attorney and should have the approval of Both parents … not a court-appointed lawyer.

      Reply
    2. Administrator Post author

      Thank You, Pe Hoffman. I am developing a more inclusive description of “Fraud on the Court” which should be posted within the next week, (unless i develop another severe case of ‘procrastination”). I think you will like what is written …

      Thank you for visiting my site. The invitation is ongoing, and feel free to Comment … ALWAYS!

      Reply
        1. Administrator Post author

          Antoinette,
          Not much to work with here … How was the Fraud committed? by false representation of Law? … or by FALSE administration of Law ….( denying admissibility of evidence? or admitting FALSE evidence? ) How can you expose him? BEGIN by obtaining the “transcribed record” of the proceedings … a thorough review of the record is a necessity to bring any action against a judge. After identifying the fraud (contradictory statements) a demand for IMPEACHMENT from OFFICE may be the most productive path … GOOD LUCK!

          Reply
  2. Elizabeth

    Our District Court appointed Guardian ad litum failed in her legally required obligation under Title 23 ss 5334 of PA Law, which states in part, in section 5. That the Gal Shall interview the parents ( of the child in a dependency situation.)
    My appeal to Common Pleas arrived and i entered into the record the previous info. The judge asked the GAL if she’d like to comment. She said “No.”
    My court appointed defender did nothing.
    Most concerning, the judge issued a decision with the info on record, seemingly ignoring or making invalid my testimony.
    The consequences being my minor children were placed in Guardianship. I was stripped of legal and physical custody. Though i had the right of natural parent. And the better parenting plan if i do say so myself.
    How do i prosecute the infraction and fraud and violation of both my minors and my own rights to Due process under the 14th Amendment.

    Reply
    1. Administrator Post author

      I am not an expert in such cases, and can only offer suggestions … the system is often “rigged” … where a GAL will act on advice of the judge.
      Without knowing ALL the Facts; e.g., is drug use or child abuse an issue? you have some options … not without risk.
      Did a Common Pleas Court assign the GAL? were you involved in that assignment? I am assuming the hearing is “on the record”, with Notes of Testimony?
      You may need an attorney, which is another risk, many attorneys fear the judges, and will restrain their services. … or work in concert w/judges.
      Is there a Public Agency that can assist you? You have the right to APPEAL! and also to file a Formal Complaint against the Judge with the
      Judicial Conduct Board … which, in my experience is more interested in protecting the accused, than cleaning up our courts.
      Without seeing the details, including the Order of Court, I question how a court can strip a biological parent of his/her fundamental right to
      parent their children. (according to a PA statute) If you have resources, federal court may offer the best path …

      Good LUCK in whatever path you choose.
      Also, AVOID … if you can … a court-appointed GAL.
      If necessary, the GAL need not be an attorney and should have the approval of Both parents … not a court-appointed lawyer.

      Reply

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