I am currently undergoing this and just found out on 1/23/23 about sheriff sale from case originated in 2016. Was an act of God that I even discovered it. Court has no record of a hearing that would got along way in proving my case. FUBAR is best description
This is my understanding of fraud upon the court when it is committed by an attorney or judge. My research suggests that, although anyone can commit fraud upon the court, it is basically one of THE WORST things an attorney or judge can do. Feedback is welcome: Officers of the court hold a special position of trust and privilege within the judiciary; they are part of the "judicial machinery". Thus, when it can be shown by clear and convincing evidence that an officer of the court who is an attorney or judge engages in substantive (as opposed to procedural) misconduct which corrupts or impedes the court's impartiality by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party’s claim or defense, and which substantially contributes to a materially different and harmful outcome, they have corrupted the very judicial machinery they are sworn to protect; they have committed "fraud upon the court". Proceedings which have been corrupted by attorney or judge misconduct are void and subject to vacating, and the attorney or judge who committed the fraud is subject to monetary damages to the victim and professional discipline. Because the wrongdoing is ethical, judicial immunity is not a defense. A victim may seek relief in the original court or through a new, independent action. There is no statute of limitations for extrinsic fraud upon the court.
This description is inaccurate and yes you're correct it usually involves a judge and an attorney. You have no idea how filthy the legal industry and this guy is no exception. Counterfeit documents have nothing to do with fraud upon the court, this guy's so full of s***. In my situation they've tried to arrest me outside of the Court's view so that I can't respond to filings. These people are garbage and their stench is nauseating. Once you understand what's going on it'll f****** blow your mind. Granted not every situation is like mine, but mine went to an extreme. It's within those circumstances that you understand who these people are. What you read about organized stalking harassment, a lot of that originates from people involved in litigation. There's such an extensive disinformation campaign that is hard to figure that out. I will end up dead because I'm not willing to be silent about what they did. This was the top of the food chain and it'll be cheaper to kill me than to risk what I would reveal. .
Hi J.D., I am the plaintiff in a civil case in a real estate purchase. The defendant has already lost, but unfortunately I still do not have possession of the property . The defendant has lied many times in this process, but the most damming instance is where they sent us a fabricated lease for the property. Everything on the lease was false, different names, monthly lease amount, term of the lease. I am so upset that our judge seems disinterested, this is a clear act of submitting false documents to the court. It cannot be explained away as an error. Do I have a right to pursue this, or is it the court’s decision to make on pursuing the matter? I just am shocked at how the defendant has been caught red handed in this lie, yet no one seems to be interested. (My lawyer sees this as a distraction to our case. Since the defendant is refusing to close, I see this as possible extra incentive for him to behave and get this thing wrapped up. What do you think?
If the documents were submitted through affidavit, or if they were introduced, based on that parties testimony, that would constitute perjury. I would take all of that information to the district attorney and ask him to conduct an investigation and prosecute if he felt that was the right answer.
What is the proper motion to file to prove fraud upon court in a civil matter. Would that be petition to rule to shaw cause ir motion for sanctions ? Thank hou for being here for the public. I like your channel, personality and clarity of your videos. Happy Napew Year 2024 !
Hello. I am the Pro Se defendant in an unlawful detainer case. First, Is fraud upon the court for a law firm to file a case with the court if it is not a legal business entity? It does not have a business entity registration for it's LLC and they subsequently filed a DBA under that LLC that isn't registered.
The adversary’s attorneys procured a judgment by playing a fraud directly on the court. My case began with a lawsuit for damages filed, in pro per, in the Superior Court of the State of California. The adversary instantly filed a Petition [sic] to Compel Arbitration. Adversary counsel: Lodged, in violation of the CCP and a breach of the Mediation Confidentiality Statutes an executed (forged) first draft of a “Settlement Agreement,” a completing signature was forged. The trial court found that the draft was signed. I later maintained that it was not signed, and the cross-complainant ultimately conceded as much to the COA. A lawyer’s forging a required signature on a singularly dispositive document; and then unlawfully presenting and representing that tainted document as executed (valid) to a court; followed by a frivolous arbitration of their frivolous cross-complaint would be a gross violation of law and of general morality and is an offense involving moral turpitude that is likely to undermine public confidence in the legal profession and therefore should merit severe punishment.
I just got a court order that the judge literally states I made argument X, and then denies relief based on argument X. Except, I didn't make that argument...anywhere. Not in my Petition or testimony. And, the judge did/said a lot of other things. There's a complaint at the JQC along with numerous exhibits including trial transcripts. We'll see where it goes but yeah
@@dianetigert1310 Edit: 12/31/2023: I haven't heard anything from the JQC yet, and my first draft appellate brief was filed just before Xmas. Will try to remember to update when there's something new
@@kepp81 remember that the rules to file also pertain to the court, whether they issue motions, orders or answers, they to have a statue of time.....food for thought, immediately after EVERY hearing file an answer to everything your an opposition to, object to. The record will reflect and the ball is back in the other sides court. If they fail to reply, MOTION for default and seek relief for what ever your after.
One thing you did not mention is the court must have relied upon the false misrepresentations by a party and that effected the judgment in the case. Judges don’t have to accept and rely on statements made by a party if they have no factual legal basis or are frivolous.
Great Video as i have been following you for a while & i appreciate your channel. Quick Question. Situation is this, what if someone who is in a current proceeding for breach of contract case, recently found credible evidence proving that during a lower courts possessory action a 7 page lease was altered down to a 4 page lease by the prevailing party in a lower court? Ask for a stay while the higher court reopens the previous case, ask for a new trial in the previous case while asking for a stay until the prior case gets reheard, or just file a motion for summary judgment and give the courts both options to either have a retrial with the credible evidence that proves a fraud on the court deceived the courts to obtain a win so they could do an instant judgment base on a matter of law ?
I don't know which of those would work. This is a procedural question that requires legal research. You need to get some legal help on this one from someone in your jurisdiction.
Thank you so much for your videos as I stated underneath your 9 elements of fraud your information is very informative. Question, if a company submits a misrepresentation, fraudulently altered documents into the EEOC to justify their wrongful termination is this still considered fraud on the court considering it's a government agency? I can prove with direct, the original document that the document was altered along with their council position statement with many inconsistencies.
Please tell me whether it's a fraud upon the litigant AND the Court or just the litigant. Hospital claimed that the records sent to the litigant were transcribed by an outside company. The records were missing all ER records and other crucial records. The outside company was retained a month later and produced TWICE as many pages. On the first day of Court the Hospital said that the litigant had not presented the required Expert Witness Affidavit so the case was dismissed.
So, would it be fraud on the court if a local magistrate (judge by state definition) and that judge’s offspring was appointed as city attorney worked the courtroom together, and worked under the same shingle outside of the court? Same city attorney becomes judge, presides over people they previously prosecuted in the same courtroom…. There is a lot more than this going in, and I have found a case where the entire city hall crew pulled some shenanigans much like what they have been doing to me, all the same people. Further, something has piped up on my radar that ANOTHER person is suffering through similar antics… The first thing that gets me is how the judge’s kid was even allowed to be appointed in the first place, but that I have figured out. Any insight would be greatly appreciated.
The Plaintiff lied to the judge about me answering the summons. I filed an answer within the deadline but I just received a default judgment because the Plaintiff’s attorney lied and the Judge was careless when reviewing my case by missing the fact that I answered the complaint and denied it(answer was filed and recorded with the court) I did not get my day in court to defend the false allegations made by the debt collector. I will be speaking to a bankruptcy attorney tomorrow. I’m done with lying 3rd party debt collectors inflating the amount people owe and filing cases against people without proper documentation. What’s a fair compensation when a debt collector defrauds the court and submits libel documents against me to obtain a default judgment?
I am very sorry, but I cannot help in that regard. I am only licensed in Missouri, and I am now retired. I cannot undertake such a review, but I appreciate the vote of confidence in asking. If there is a law school near your location, ask if they have a clinic that might be able to assist you.
I was served an unlawful detainer by a woman not on the grant deed -does not own this house, according to county assessors office but she put forth unlawful detainer petition, representing herself as landlord, stating we have a verbal agreement for me to pay rent. Another lie💡 I in fact, I 😢pay the mortgage left by the owner, who died 10 years ago. Family never went through probate. I’ve paid $135,000 worth of mortgage payments to date. Now I mail payments directly to mortgage company. Is plaintiff guilty of fraud on the court?
Hey Thank you for the video. What if the situation is where the surrogate and the Judge himself are committing the fraud themselves? For example they accepted a bribe to make a certain judgement against the plaintiff ? Is it still fraud on the court ?
If there was a situation where a plaintiff lied to the judge to get a favorable judgement but then rewrote the judgement paperwork to include more than what was discussed. Is that still fraud or something different?
If the defendants attorney files one version of admission answers to the court and sends the plaintiff a totally different copy, both sets are notarized on different dates, and admission answers are worded differently. Is that considered fraud on the court?
If the original witness statements were lost and rewritten 7 weeks later , fraud or contempt? Original statement used for arrest was an incident report written by 2 staff members together, which actually implicated the complainant , not the victim. Thenew statements implicate the victim instead. The defendant is an advocate raising human rights violations related to construction fraud on public housing contracts. There are massive conflicts of interest, they all connect back to the housing issue and the building contractors. Bluebloods. Conspiracy to convict for a crime not committed. Judges were city council and building inspectors prior to Judiciary appointment. Not USA. The witneses boss is the former chairman for the housing, appeal witness brought evidence of secret meeting hours before arrest. the housing lawyer's(also a prosecutor) law partner is close relative to building contractors.
Atterney misrepresent facts in court all the time. And then telling : I get away with this because clerks or judge been manipulated and intimidating by my writing. Atterney whom practice 20-30 years committed perjury and misrepresentation in court.- all the time., they have lots of practice on commuting froad on the coart
Does this also apply in divorce cases? As in she has made statements to the court in personal affidavits, submitted by her lawyer that are false. To this point I've chosen to focus on healing and my emotional health. However, she is still pushing issues and I want it to stop. What happens when I submit the proof to the court (pictures, texts, emails) that she has lied? She has already lost some custody. We're now 50/50. The kids are happier with this schedule, but they are still getting bounced back forth. Could I push for more custody, when I prove she's lied and submitted false statements to the court?
It applies to material misstatements. So, if she said she had on a blue dress, and it was a purple dress (as an example) that's not material. If she said she had on a dress and she was wearing chain-mail armor, that might be a material misstatement. The best person to advise you on this is your lawyer. Show him your proofs and ask him what he thinks. Usually a court will sanction someone who put forth false affidavits. If you have already obtained custody, there's a pretty good chance that additional false statements might tip the balance even more your way. But, talk to your lawyer. Only he can advise you on this.
Our son is in prison, back to back life for something he did not do. The witnesses, it's in the transcripts we just got, tried to confess to lying but the prosecutor ignored it and proceeded as though they didn't recant their story. His attorney, fresh out of law school, didn't bring it up in cross examination. The witnesses confessed to the juvenile officer, foster parents, the therapist, and the caseworkers. When the prosecutor heard about their confessing she threatened to put them in prison, ages 12 and 14. Would that be fraud on the court?
I am sorry for what happened to your son. I know that is a huge cross to bear. I don't know about a fraud on the court, but it might well be "ineffective assistance of counsel." There is a procedure for relief under the federal habeas corpus rules for this. Contact the Innocence Project for assistance. They are the best at this.
@@mrsyellowhawk5 His public defender was ordered not to submit any evidence nor call any witnesses proving he was innocent. He was fresh out of law school with a baby, his career came first. How do you fight total corruption like that?
That's prosecutorial misconduct if prior to trial there were depositions or statements that were different then the trial testimony while prosecutor knew that the trial testimony was not true they as prosecutors are ones whom violated the process as they have a significant duty to present grounded evidence based cases there fore if there witness recanted or drastically changed there account they as prosecutors could not be complacent in that false presentation that is allowing testimony that either is false or recanted from the active testimon simply can't be the case if hinged on false testimony that threw evidence is post trail shown to be false case must be remanded it's under prosecutorial misconduct standards
If they defrauded the court due to a lack of due diligence, failure to give notice and got heard wout notice, had a GAL appointed all wout notice and despite a court reporter OFF THE RECORD,so I donnt even know what was said, is that afraud on or by the court bc no withesses teztified.
If a Petitioner falsely states he wasn't aware of a 50% Quit claim deed until after he sold the house, but in fact he himself filed the 50% QCD with the County but concealed it from the court to prevent any notice to that QCD holder, isn't that "fraud on the court on steroids", especially if he also withheld the escrow closing statement from the court for 5 years after a judge confirmed the sale, because it proved that the QCD was purposely removed from the trust?
Needs some help my ex employer filed a appeal on me for fraud punching in and out employee buys it’s a she said he said then they fire me over the phone they have no proof and and written documents that I sign they only got a hr witness u think I can appeal if I lose this case or u think I’ll win it ??
I can't really offer an opinion but it depends a lot on who your hearing officer is. If you get a bad result, appeal it. What can it hurt to give it every chance.
I do have a clear act of fraud upon the court. I am in California. For the past 45 days, I have tried very hard to find an attorney on the subject of Fraud Upon the Court, but no luck. Can someone tell me how to go about finding an attorney?
i had a city ordinance 3/3/2023 5/16/2023 pleaded not guilty 6/2023 30 days later. trial . evidence. was one picture. of my property that was taking that day of my trial. i was ask if that was my trailer and if the sec trailer was my garbage that was on the sec trailer . I reply no that not my thing .i said 3/2/2023 I given 7 days to remove one trailer with household thing and a sec trailer with broken thing on it . the4 next 6 day one trailer with house good when to new home back and forth ..trailer with broken things went to dump 2 time. land was clean .i was moved out by the 3/7/2023 i did let the cop know that .i hear nothing for 30 day then handed me a court day .went to mayor to ask why he would NOT talk to me. or listen to me. ask to dismiss. for have no proof. judge, state Lawer and mayor did not say a word for a good 3 min then THE JUDGR said it my problem. I*REPLY because the trailer was NOT t
Would an informant on a death certificate who's claiming to be the biological daughter to the deceased to gain favor, knowing they are going to dispute a beneficiary, be committing fraud on the court? Thanks for your prompt answer in advance!
@@j.d.-alawyerexplains5064 she has me in federal court of New Jersey and has gotten this far disputing my friend the designated beneficiary. The deceased son! She didn't want his name on anything as she started the dispute same day as acting as informant! Planned to deceive. Any way I can get a consult! Working pro se, taking on Honeywell, and the criminal as a co-defendant! Counter suing! HELP!
I am not admitted in New Jersey, and I can't consult as that would be outside the limits of my practice and my malpractice insurance coverage. Your best bet is to find a good attorney in New Jersey. Many times if you ask for help from a local law school they will have students who can appear and help you with these matters.
@@gregowen2377 Possibly, but it would depend on whether she is endorsing the lie contained in the document. You really need a NJ lawyer to help you with this.
Ok, a motion was made to the court for a witness to testify, on behalf of the defendant. To discredit the victims untrue stories. The public defender was made aware of the witness at least 3 weeks, or more before trial. I have affidavits to show that the defense attorney was made aware at that time. The court signed off on the motion, on the day court trial began. The court asked the defense attorney if she would like to name the witness into record. (This is all in transcript. ) 1st time, she said " No, i just heard about this a couple days ago." Asked a 2nd time, "No, it was more like less that a week ago. " Court asked 3rd time. Would you like to name the witness or stay where you are? Defense attorney say, " stay where we are". There are documents showing, she was aware of a key witness weeks before trial. And she still denied it. We have proven this fact. But, when you represent yourself, because you can't hire a good attorney, appeals court ignores you. There is a great deal more to this. Convicted without any medical or physical evidence according to 801(d) and attorney who got 2 charges dropped in the 2nd circuit. Now that we are out of money to hire an attorney, we are ignored. Response to our writs now is 1 page 1 sentence. "This court finds your claims Insufficient."
@@j.d.-alawyerexplains5064 thanks for answering. This is re: my bankruptcy. One of the creditors is disgruntled and filed for an adversary hearing. The creditor's attorney put a bunch of lies in their complaint and two of the lies I have proof of. I am hoping with my proof/evidence of the lies I can have their whole adversary claim thrown out.
Scammers!!!!! If it was poor me I wouldn't have got scammed so much! Cheat codes without solutions and they can be simple because thier all the same unless changed! Moving on requires the avoidance of more dangers again! Think about this? We all understand
I had a court appointed attorney move my case from arraignment to preliminary exam without my consent. I was in a car accident and missed court. Isn’t this fraud upon the court
If the abuse is physical, you would need a physician to testify to it, or a S A. nurse examiner. If the abuse was emotional, you would need a psychiatrist, psychologist, or certified counselor to testify to it. Experts are needed when the issue is beyond the knowledge of the average person.
You have just described perjury; fraud upon the court is when the court itself is defunct because it's under attack by its own officers. That court would not have jurisdiction over itself in that situation, and opens itself up to unenumorated liabilities for dishonor and color of law crimes. Not to mention the tax evasion which happens by default by when self dealing off the books. You're disinformation was ironically very informative, however, nice try tho
