Friday, May 31, 2013

JURISDICTIONARY PRESENTS HOW TO WIN IN COURT


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Monday, May 27, 2013

PARKING TICKETS ISSUED ON WRECKS WHILE STOCKHOLM BURNS

BUSINESS AS USUAL. A meter maid issues a parking ticket for a burnt-out car following a night of riots in the Stockholm suburb of Alby. (Photo by Fria Tider)
BUSINESS AS USUAL. A meter maid issues a parking ticket for a burnt-out car following a night of riots in the Stockholm suburb of Alby. (Photo by Fria Tider)
Publicerat den 24 maj 2013 kl 11:19
STOCKHOLM (FRIA TIDER). Owners of cars destroyed in the riots fined for parking illegally while police adopt non-intervention policy.
Since last Sunday, May 19, rioters have taken to the streets of Stockholm’s suburbs every night, torching cars, schools, stores, office buildings and residential complexes. Yesterday, a police station in Rågsved, a suburb four kilometers south of Stockholm, was attacked and set on fire.
But while the Stockholm riots keep spreading and intensifying, Swedish police have adopted a tactic of non-interference. ”Our ambition is really to do as little as possible,” Stockholm Chief of Police Mats Löfving explained to the Swedish newspaper Expressen on Tuesday.
”We go to the crime scenes, but when we get there we stand and wait,” elaborated Lars Byström, the media relations officer of the Stockholm Police Department. ”If we see a burning car, we let it burn if there is no risk of the fire spreading to other cars or buildings nearby. By doing so we minimize the risk of having rocks thrown at us.”
Swedish parking laws, however, continue to be rigidly enforced despite the increasingly chaotic situation. Early Wednesday, while documenting the destruction after a night of rioting in the Stockholm suburb of Alby, a reporter from Fria Tider observed a parking enforcement officer writing a ticket for a burnt-out Ford.
When questioned, the officer explained that the ticket was issued because the vehicle lacked a tag showing its time of arrival. The fact that the vehicle had been effectively destroyed – its windshield smashed and the interior heavily damaged by fire – was irrelevant according to the meter maid, who asked Fria Tider’s photographer to destroy the photos he had taken. Her employer, the parking company P-service, refused to comment when Fria Tider contacted them on Wednesday afternoon.
http://www.friatider.se/parking-tickets-issued-on-wrecks-while-stockholm-burns
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Sunday, May 19, 2013

COMMONWEALTH OF AUSTRALIA


Saturday, May 18, 2013

TOP SUCCESS IN AUSTRALIAN COURT :: INTERVIEW WITH ROBERT FLETCHER

Published on 18 May 2013
OPPT Courtesy Notice and Invoice used in Australian Court. "Magistrate" gets flustered, drops all charges and dismisses the case. Robert Fletcher recounts the story of BEing & DOing.
The story of Brandon's legal case begins at minute 6:20.
Audio file mp3 available here : http://ge.tt/67yGL0h/v/0?c
*****The bloke being interviewed DID NOT ATTEND THE PLACE OF BUSINESS THAT TRADES AS A QUASI COURT. His testimony is hearsay, and his claim is that he advised the couple who did does appear genuine, though, this clip is truthfully more of an 'OPPT Promo' with the Magistrates Court serving as a hook. It is probably because Robert has 'Opted in' and at times seems to have some evangelical fervour about him. Unfortunately, no paperwork, or case numbers etc has been provided so if you are consuming, decide for yourself if it is relevant info for you or not.

Friday, May 17, 2013

AUSTRALIAN MAGISTRATE RECOGNIZES COURTESY NOTICES -- CHARGES DISMISSED

By Brian Kelly, May 17, 2013
Big thanks to Bethany Truex for sharing this story on Facebook today. Awesome story! :) ~BK

Congratulations Brian and Karolina, well done you have, opened the way for all Australians, you should go down in the history books

Rena Iliades
Courtesy Notices to every Councillor! So exciting. Basically the magistrate almost gets arrested and the court withdraws all charges when they realized that the invoices are legal and payable!

A friend of mine Carolyn & Brian Allen have been tackling an issue where the police seem to have it out for her son. To cut a long story short, he was being harassed by some Local boys who are really bad news (burglaries etc) and he and his friends had an altercation with them because they had stolen his car and then threatened him if he went to the police. As a result of the altercation, the police decided to harass and charge the most vulnerable being her son Brandon who is intellectually disadvantaged, arrested him a few weeks ago and then released him on bail. He also has outstanding fines.

Robert Fletcher helped complete a notice giving custody of Brandon (Carolyns Son) to Brian and Robert went to court for support and presentment (without Brandon). They handed courtesy notices to the Magistrate (the so called Judge who is really the registrar who was going to hear the matter), the police and everyone got Courtesy notices.

In the first hearing, the magistrate was asked in what capacity they act and to prove jurisdiction over Brandon as a living being. The magistrate refused to answer and essentially abandoned the court saying he was going to issue a warrant for his arrest because Brandon did not turn up to court. Good job Robert!!!

The police kept coming over to serve warrants and all sorts of things, which were never delivered because Carolyn would pull out Courtesy Notice and ask them their names which she would promptly see them go back into their cars and leave. No matter, Carolyn would send them via mail.

After a few weeks of this, some started getting invoices like the Clerk at the Desk at the court and the Magistrate.

Today, they went the court because the Magistrate was going to hear the matter. Carolyn gave the Clerk at the desk, the magistrate and others another invoice and another courtesy notice.

The Clerk, as Brian and Carolyn were waiting for their names to be called and the matter to come before the magistrate, returned with an envelope and when she opened it, it was the CN's and the invoices that she had given them earlier with a cover letter from the Senior Registrar saying that they do not recognise the CN's nor the Invoices. Carolyn at this point was on the phone to the sheriffs office, explaining that she wanted a sheriff to attend the court to arrest an individual who was posing as a duly appointed servant of the public trying to impose a private contract that she had not agreed to. At this point, whilst she was waiting (for about 15 minutes for a sheriff to get on the phone) one turned up at the courts entrance!!!

The security guards refused to let the sheriffs in and refused to let Brian and Carolyn out to speak with them, so Carolyn went to the registrars desk and the registrar told her that the invoices are invalid and Brian heard this and replied that the invoices are recognised globally and that they had no jurisdiction over any of them and that they are liable to pay them and they will have them all arrested and charged. The registrar then handed them a document (a charge sheet) outlining that all the charges had been dropped against Brandon. At the same time, Brian could hear some of the argument/conversation with the sheriffs who were being refused entry into the courts and they were telling the security guards that they had no right to refuse them entry and were taking down their names and their details.

The registrar asked more than once about the invoices and Brian & Carolyn told them that since they had dropped all the charges and have striken the matter in writing, that they were prepared to withdraw the invoices and the fines!!! YAY Carolyn, Brian Allen & Robert Fletcher BEing & DOing

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Sunday, May 12, 2013

PROCEDURAL JUSTICE

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Procedural justice is the idea of fairness in the processes that resolves disputes and allocates resources. One aspect of procedural justice is related to discussions of the administration of justice and legal proceedings. This sense of procedural justice is connected to due process (U.S.), fundamental justice (Canada), procedural fairness (Australia), and natural justice (other Common law jurisdictions), but the idea of procedural justice can also be applied to nonlegal contexts in which some process is employed to resolve conflict or divide benefits or burdens. Other aspects of procedural justice can also be found in social psychology and sociology issues and organizational psychology.
Procedural justice concerns the fairness and the transparency of the processes by which decisions are made, and may be contrasted with distributive justice (fairness in the distribution of rights or resources), and retributive justice (fairness in the punishment of wrongs). Hearing all parties before a decision is made is one step which would be considered appropriate to be taken in order that a process may then be characterised as procedurally fair. Some theories of procedural justice hold that fair procedure leads to equitable outcomes, even if the requirements of distributive or restorative justice are not met.[1] It has been suggested that this is the outcome of the higher quality interpersonal interactions often found in the procedural justice process, which has shown to be stronger in affecting the perception of fairness during conflict resolution.

Contents

Procedural justice in relation to communication

In relation to communication, procedural justice deals with the perceptions of fairness regarding outcomes. It reflects the extent in which an individual perceives that outcome allocation decisions have been fairly made. The use of fair procedures helps communicate that employees are valued members of the group. Procedural Justice can be examined by focusing on the formal procedures used to make decisions. Procedural justice, a subcomponent of organizational justice, is important in communication and in the workplace because it involves fair procedures, it allows the employees to have a say in the decision process, it gives employees fair treatment, and allows them to have more input in the appraisal process. Additionally, research by Tom R. Tyler and colleagues found that giving disgruntled group members a voice regardless of whether it is instrumental (i.e. a voice that affects the decision-making process) or non-instrumental (i.e. a voice that will not have any weighting on the decision-making process) is sometimes enough for a process to be viewed as fair.[2] [3] The ability and right to a voice is linked with feelings of respect and value, which emphasizes the importance of the interpersonal factors of procedural justice.[4] This is important in the workplace because employees will feel more satisfied and respected, which can help to increase job task and contextual performance. There is an emphasis on the interpersonal and social aspects of the procedure, which result in employees feeling more satisfied when their voices are able to be heard. This was argued by Greenberg and Folger. Procedural justice also is a major factor that contributes to the expression of employee dissent. It correlates positively with managers' upward dissent. With procedural justice there is a greater deal of fairness in the workplace. There are six rules that apply to procedural justice, "Leventhal's rules", are consistence, bias suppression, accuracy, correctability, representativeness, and ethicality. With procedural justice in the workplace and in communication, things need to be fair to everyone, when something is applied it has to be applied to everyone and procedures need to be consistent with the moral and ethical values.

Perfect, imperfect, and pure procedural justice

In A Theory of Justice, the philosopher John Rawls distinguished three ideas of procedural justice:[5]
  1. Perfect procedural justice has two characteristics: (1) an independent criterion for what constitutes a fair or just outcome of the procedure, and (2) a procedure that guarantees that the fair outcome will be achieved.
  2. Imperfect procedural justice shares the first characteristic of perfect procedural justice--there is an independent criterion for a fair outcome--but no method that guarantees that the fair outcome will be achieved.
  3. Pure procedural justice describes situations in which there is no criterion for what constitutes a just outcome other than the procedure itself.

Models of procedural fairness

The theory of procedural justice is controversial, with a variety of views about what makes a procedure fair. Traditionally these views tend to fall into three main families, which can be called the outcomes model, the balancing model, and the participation model.

The outcomes model

The idea of the outcomes model of procedural justice is that the fairness of process depends on the procedure producing correct outcomes. For example, if the procedure is a criminal trial, then the correct outcome would be conviction of the guilty and exonerating the innocent. If the procedure were a legislative process, then the procedure would be fair to the extent that it produced good legislation and unfair to the extent that it produced bad legislation.
This has many limitations. Principally, if two procedures produced equivalent outcomes, then they are equally just according to this model. However, as the next two sections explain, there are other features about a procedure that make it just or unjust. For example, many would argue that a benevolent dictatorship is not (as) just as a democratic state (even if they have similar outcomes).

The balancing model

Some procedures are costly. The idea of the balancing model is that a fair procedure is one which reflects a fair balance between the costs of the procedure and the benefits that it produces. Thus, the balancing approach to procedural fairness might in some circumstances be prepared to tolerate or accept false positive verdicts in order to avoid unwanted costs (political) associated with the administration of criminal process.

The participation model

The idea of the participation model is that a fair procedure is one that affords those who are affected by an opportunity to participate in the making of the decision. In the context of a trial, for example, the participation model would require that the defendant be afforded an opportunity to be present at the trial, to put on evidence, cross examination witnesses, and so forth.

The group engagement model

Models have also been proposed to understand the psychological basis of justice. One of the more recent of these models is the group engagement model.[6]
The group engagement model (GEM), devised by Tom R. Tyler and Steven L. Blader, incorporates past psychological theories to explain the underlying psychological processes of procedural justice. Based on social identity theory and relational models of procedural justice, this model suggests that a group's procedural justice process influences members' identification with the group, which in turn influences their type of engagement within the group.
According to the model, group engagement is seen as either mandatory or discretionary behavior. Mandatory behavior is defined by Tyler and Blader as behavior that is required by the group and thus is motivated by incentives and sanctions. Conversely, discretionary behavior is motivated by internal values and is seen as more cooperative and therefore ideal within a group.
Depending on the procedural justice processes of the group, the social identity of the members will be influenced accordingly and different values will be emphasised. The more a member agrees with the type of procedural justice employed, the more they will identify with their group. This increased identification results in the internalization of the group's values and attitudes for the group member. This creates a circular relationship as the group's procedural justice processes will affect group members' levels of identification and, as a consequence, this level and type of identification will affect their own values of what is fair and unfair. This, in turn, will then affect how the individuals will engage with their group, with higher identification leading to discretionary and more desirable behavior.

Due process and natural justice

The idea of procedural justice is especially influential in the law. In the United States, for example, a concern for procedural justice is reflected in the Due Process clauses of the United States Constitution. In other common law countries, this same idea is sometimes called natural justice.
Natural justice generally binds both public and private entities, while the U.S. concept of due process has a "state action" requirement which means it applies only to state actors. But in the U.S., there are analogous concepts like fair procedure which can bind private parties in their relations with others.

References

  1. ^ Tyler, Tom; Rasinski Kenneth, Spodick Nancy (1985). "Influence of voice on satisfaction with leaders: Exploring the meaning of process control". Journal of Personality and Social Psychology 48: 72–81.
  2. ^ Tyler, Tom; Degoey Peter, Smith Heather (1996). "Understanding why the justice of group procedures matters: A test of the psychological dynamics of the group-value model". Journal of Personality and Social Psychology 70: 913–930.
  3. ^ Lind, Edgar Allen (1988). The social psychology of procedural justice. New York: Plenum Press.
  4. ^ Tyler, Tom; Degoey Peter (1995). "Collective restraint in social dilemmas: Procedural justice and social identification effects on support for authorities". Journal of Personality and Social Psychology 70: 482–497.
  5. ^ Rawls, A Theory of Justice, revised edition, Oxford: Oxford University Press 1999 Chapter II, Section 14
  6. ^ Tyler, Tom; Blader Steven (2003). "The group engagement model: Procedural justice, social identity, and cooperative behavior". Personality and Social Psychology Review 7 (4): 349–361.
  1. Robert Bone, Agreeing to Fair Process: The Problem with Contractarian Theories of Procedural Fairness, 83 Boston University Law Review 485 (2003).
  2. Ronald Dworkin, Principle, Policy, Procedure in A Matter of Principle (1985).
  3. Louis Kaplow, The Value of Accuracy in Adjudication: An Economic Analysis, 23 Journal of Legal Studies 307 (1994).
  4. Bruce Hay, Procedural Justice--Ex Ante vs. Ex Post, 44 UCLA Law Review 1803 (1997).
  5. John Rawls, A Theory of Justice (1971).
  6. Lawrence Solum, Procedural Justice (2004).
  7. Soon Lay Khuan. (2007). Organizational Justice as an Antecedent of Job Performance. International journal of business, 325-343.
  8. Jeffre W. Kassing. (2008). Disagreeing about what's Fair: Exploring the Relationship between Perceptions of Justice and Employee Dissent. Communication research reports, 34-43.
  9. Victoria A. Cave. (2005). Motivating The Factors: Perceptions of Justice and their Relationship with Managerial and Organizational Trust in Australia. Communication and mass media complete, 47-70. 
http://en.wikipedia.org/wiki/Procedural_justice

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LAURYN HILL ORDERED BY THE COURT TO UNDERGO “COUNSELLING” DUE TO HER “CONSPIRACY THEORIES”

May 9th, 2013 
368285
The name of Lauryn Hill’s breakout album was The Miseducation of Lauryn Hill but it now appears that the powers that be would like her to record a new album called The Re-Education of Lauryn Hill. After appearing in court for tax evasion, Hill was sentenced to three months in jail PLUS she must attend “counseling” due to her “conspiracy theories”.
According to the IBTimes, Hill told the court: “I am a child of former slaves who had a system imposed on them. I had an economic system imposed on me.” Furthermore, Hill also believes that artists are being oppressed by (what the article calls) “a plot involving the military and media”. Because of these statements, Hill was ordered to undergo “counseling”, which is a way of saying that she is mentally ill and that she needs some sort of re-programming session regain “sanity”.
In 2012, Hill published a thoughtful letter describing the corruption, the oppression and the control of the music industry and her desire to escape it.  In one part of the letter, Lauryn states
“It was this schism and the hypocrisy, violence and social cannibalism it enabled, that I wanted and needed to be freed from, not from art or music, but the suppression/repression and reduction of that art and music to a bottom line alone, without regard for anything else.  Over-commercialization and its resulting restrictions and limitations can be very damaging and distorting to the inherent nature of the individual.  I Love making art, I Love making music, these are as natural and necessary for me almost as breathing or talking.  To be denied the right to pursue it according to my ability, as well as be properly acknowledged and compensated for it, in an attempt to control, is manipulation directed at my most basic rights!  These forms of expression, along with others, effectively comprise my free speech!  Defending, preserving, and protecting these rights are critically important, especially in a paradigm where veiled racism, sexism, ageism, nepotism, and deliberate economic control are still blatant realities!!!”
(See my article entitled Lauryn Hill’s Tumblr Letter on the Music Business for the full letter).
Despite what mainstream media reports, Hill is not mumbling incoherent “conspiracy theories” but is rather speaking the truth. Her statements are a result of her first hand experience within the industry and her desire to not be part of its madness. Hill’s “theories” are simply an intelligent person’s clear analysis of a situation.
However, as American society turns into a real life version of the novel 1984, speaking the truth is increasingly considered to be a mental illness – one that needs to be treated and fixed. Does free speech still exist if saying the wrong words leads to a mandatory visit to a “mind doctor”?
I’ll just let Lauryn sing the final words:


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Saturday, May 11, 2013

SECRETS POLICE DON'T WANT YOU TO KNOW

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ATTORNEYS, JUDGES, AND CLERKS OF THE COURT ALL COMMIT FRAUD UPON THE COURT

fraud
It is important for those involved in court to understand what fraud upon the court is so you can realize when it is happening to you.
Fraud upon the court is important because orders and judgments may be set aside at any time when fraud upon the court is proven.  I have seen cases where as many as 60 years later, a judgment was set aside.
The good news is that the rules and case law provide a way to get relief from wrongdoing.  The bad news is that it requires a judge to make a finding of fraud, and my experience is that the judges are all guilty, and their fellow judges will cover for them.
I am not an attorney, and I am not offering legal advice.  This article contains my legal research and my experience.

Fraud upon the court is fraud committed by officers of the court.  The officers of the court are attorneys, judges, and judicial employees, including the staff of the clerk of the court.  In its simplest terms, fraud upon the court is types of actions designed to  interfere with the proper functioning and decision-making of a court.
“Fraud on the court should embrace only that species of fraud which does or attempts to, subvert the integrity of the court itself, or is a fraud perpetrated by officers of the court”) (citation omitted); Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980).
In my experience, I have seren attorneys, judges, and the staff of the clerks of the courts all commit fraud upon the court, and there was at the very least a conspiracy between the judges and the clerk of the court's office.  All of this was part of unconscionable schemes designed to improperly influence the courts in their decisions.
“Fraud on the court must involve an unconscionable plan or scheme which is designed to improperly influence the court in its decision . . . .” Davenport Recycling Assocs. v. C.I.R., 220 F.3d 1255, 1262 (11th Cir. 2000) (alleged fraud on tax court). “It has been found only in those instances where the fraud vitiates the court’s ability to reach an impartial disposition of the case before it.” Id.
In my cases, there was fraud; there was fraud on the court; and there was a conspiracy to defraud.  This fraud was intentional.  The fraud was perpetrated by officers of the court.
Herring, 424 F.3d at 386. A judge is an officer of the court, as are all members of the Bar. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).
In my cases, the fraud was directed at the judicial machinery itself.  The fraud subverted the integrity of the courts.  The fraud was designed to deceive the courts into believing facts that were not true.  The courts were unable to adjudicate the matter properly because the courts were influenced by false information.
Chief Justice John Marshall acknowledged that a court may grant relief from judgment where a new matter “clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself” before judgment. Marine Ins. Co. of Alexandria v. Hodgson, 11 U.S. (7 Cranch) 332, 336 (1813). He further emphasized that an Article III court can grant relief where the “equity of the applicant [is] free from doubt,” and where a judgment “would be against conscience for the person who has obtained it to avail himself.” Id. at 337 (emphasis supplied).
Federal Rules of Civil Procedure 60(b) and 60(d) as well as independent actions in equity may all be used to seek to vacate orders and judgments due to fraud upon the courts.
One of the essential elements of an independent action in equity is a showing of the absence of any adequate remedy at law. Bankers Mortgage Co. v. United States, 423 F.2d 73, 79 (5th Cir. 1970). The Supreme Court has further noted that an independent action in equity should be available only to prevent a grave miscarriage of justice. United States v. Beggerly, 524 U.S. 38, 47 (1998). The absence of any adequate remedy at law.” In re Machne Israel, Inc., 48 F. App’x 859, 863 n.2 (3d Cir. 2002) (quoting Nat’l Sur. Co. of N.Y. v. State Bank of Humboldt, 120 F. 593, 599 (8th Cir. 1903)). “[A]n independent equitable action for relief from judgment may only be employed to prevent manifest injustice.” Id. at 863. Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944), and United States v. Beggerly, 524 U.S. 38 (1998), this Court’s leading recent discussions of fraud upon the court.
In my cases, evidence was fabricated by the Plaintiffs' witnesses and attorneys.  The attorneys were knowing participants in the fraud on the court.  Bogus documents were placed into the record. Lies were told under oath, at depositions and in affidavits, and in various filings with the courts, and schemes were concocted to attempt to cover-up certain falsehoods.  Attorneys for the Plaintiffs were involved in all of this.
The fabrication of evidence by a party in which an attorney is implicated, will constitute a fraud on the court." Id. at 1338 (citing to Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238, 64 S.Ct. 997 (1944)).
Professor Moore writes that Fraud on the court is limited to fraud that does, or at least attempts to, “defile the court itself,” or that is perpetrated by officers of the court “so that the judicial machinery cannot perform in the usual manner its impartial task of adjudicating cases.” Moore’s Federal Practice 3d ¶ 60.21[4][a] (3d ed. 2003). Thus, a “fraud on the court” is a fraud designed not simply to cheat an opposing litigant, but to “corrupt the judicial process” or “subvert the integrity of the court.” Oxxford Clothes XX, Inc. v. Expeditors Int’l, Inc., 127 F.3d 574, 578 (7th Cir. 1997); Pumphrey v. K.W. Thompson Tool Co., 62 F.3d 1128, 1131 (9th Cir. 1995) (citation omitted); Transaero, Inc. v. La Fuerza Area Boliviana, 24 F.3d 457, 460 (2d Cir. 1994). It is marked by an “unconscionable plan or scheme which is designed to improperly influence the court in its decisions,” Dixon v. Commissioner, No. 00-70858, 2003 U.S. App. LEXIS 4831, at *11-12 (9th Cir. Mar. 18, 2003), amending 316 F.3d 1041 (9th Cir. 2003), or by “egregious misconduct directed to the court itself.” Greiner v. City of Champlin, 152 F.3d 787, 789 (8th Cir. 1998) (citation omitted).
Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the 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."
"Fraud upon the court" has been defined to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, ¶ 60.23. The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."
It is also clear and well-settled law that any attempt to commit "fraud upon the court" vitiates the entire proceeding.
The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) ("The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions."); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters ..."); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) ("It is axiomatic that fraud vitiates everything."); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935).
Judge Orinda D. Evans’ unconscionable scheme was to continually rule against the Defendants in spite of the evidence.  She then committed perjury in her orders so the 11th Circuit would have to base their decision on the perjured “facts of Judge Orinda D. Evans.”
Common examples of “fraud upon the court” include the “fabrication of evidence by counsel,” Greiner, 152 F.3d at 789, and the “insert[ion of] bogus documents into the record.” Oxxford Clothes, 127 F.3d at 578. But, “[b]ecause corrupt intent knows no stylistic boundaries, fraud on the court can take many forms,” Aoude v. Mobile Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989), and courts take each case on its facts. See Dictograph Products Co. v. Sonotone Corp., 230 F.2d 131, 137 (2d Cir. 1956). 
While Judge Orinda D. Evans was a victim of fraud on the court, Judge Orinda D. Evans also perpetrated fraud on the court.  Judge Orinda D. Evans willfulness has been characterized by open defiance and reckless disregard of my Constitutional rights.  This willfulness is inextricably related to, but exceeds mere error. 
A civil judgment may be set aside because of a litigant's fraud on the court though no wrongdoing is ascribed to an attorney or other officer of the court. a judgment obtained by fabricated evidence.
Tampering with the administration of justice in the manner indisputably shown in my case involves far more than an injury to a single litigant.  It is a wrong against the institutions set up to protect and safeguard the public, institutions in which fraud cannot complacently be tolerated consistently with the good order of society. Surely it cannot be that preservation of the integrity of the judicial process must always wait upon the diligence of litigants.  The public welfare demands that the agencies of public justice be not so impotent that they must always be mute and helpless victims of deception and fraud. The judgment involves an issue of great moment to the public.
This is not simply a case of a judgment obtained with the aid of a witness who, on the basis of after-discovered evidence, is believed possibly to have been guilty of perjury.  Here we find a deliberately planned and carefully executed scheme to defraud not only the District Court but also the Court of Appeals.  To achieve their purposes, the officers of the court created false evidence, deceived the court, answered interrogatories under oath untruthfully, filed false affidavits and gave perjured testimony, introduced altered exhibits, withheld important evidence, and filed a corrupt brief on appeal.  They frustrated discovery of its fraud through the judicial processes through abuse of the Rules of Civil Procedure.  Witnesses engaged in a concerted effort to present perjured testimony throughout the case.
The fraud on the court in my case was that species of fraud that defiles the court itself and was a fraud perpetrated by officers of the court so that the judicial machinery could not perform in the usual manner in its impartial task of adjudicating cases.
Federal Rules of Civil Procedure Rule 60(b) and 60(d) are two means of seeking relief.  I believe that you must first file a Rule 60(b) action in the court where the fraud took place.  If relief is denied, you can them file a Rule 60(d) action in another court (different judge); this is a new civil complaint.  Here is an example of one such action that I filed.
In Beggerly, the Court reviewed amended Rule 60(b) and the independent action it allows and concluded that such an action ‘‘should be available only to prevent a grave miscarriage of justice.’’ 524 U.S. at 47. As support for this proposition the Court pointed not only to Hazel-Atlas, but also to Pacific R. Co. v. Missouri Pacific R. Co., 111 U.S. 505 (1884), and Marshall v. Holmes, 141 U.S. 589 (1891). Independent actions must, if Rule 60(b) is to be interpreted as a coherent whole, be reserved for those cases of "injustices which, in certain instances, are deemed sufficiently gross to demand a departure" from rigid adherence to the doctrine of res judicata. Id., 524 U.S. at 46 (citing Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238, 244 (1944)). In other words, a Rule 60(b) independent action in equity "should be available only to prevent a grave miscarriage of justice." Beggerly, 524 U.S. at 47. Marshall v. Holmes, 141 U.S. 589 (1891), a case cited by the district court and the Supreme Court in Beggerly as an example of a "grave miscarriage of justice." In Marshall, an independent action in equity was allowed to proceed because the underlying judgment was secured based on a forged document.
Under Federal law, when any officer of the court has committed "fraud on the court," the orders and judgment of that court are void, of no legal force or effect.
Fraud on the court has been narrowly applied and is limited to the most egregious of circumstances involving the courts. Stonger, 776 N.E.2d at 357. Further, to prove fraud on the court, it is not enough to show a possibility that the trial court was misled. Id. at 358. Rather, there must be a showing that the trial court’s decision was actually influenced. Id. There must be a showing of egregious misconduct directed to the court itself.” Greiner v. City of Champlin, 152 F.3d 787, 789 (8th Cir. 1998) (citation omitted). “Proof of the scheme, and of its complete success up to date, is conclusive.” Hazel-Atlas, 322 U.S. at 246.
In Korematsu v. United States, 323 U.S. 214 (1944), the Court affirmed the conviction and internment of Fred Korematsu, an American of Japanese ancestry. In 1983, Korematsu filed a petition for a writ of coram nobis to vacate this conviction based on government misconduct. That misconduct included evidence that the government’s brief in this Court had been deliberately misleading in setting out the facts upon which the government had relied in ordering Korematsu and, petitioners believe, this case shows that where the stakes warrant and the opportunity exists, fraud upon the court will occur.
“Fraud upon the court” may take the form of a scheme or plan by a litigant, wholly without the involvement of counsel, that is intended to corrupt the court’s decision-making. See Toscano v. Commissioner, 441 F.2d 930, 934-36 (9th Cir. 1971)
There is no statute of limitations for bringing a fraud upon the court claim. Hazel-Atlas, 322 U.S. at 244. “A decision produced by fraud on the court is not in essence a decision at all and never becomes final.” Kenner v. Comm’r of Internal Revenue, 387 F.2d 689, 691 (7th Cir. 1968).
The provision of Rule 60(b) commonly known as the “savings clause” states: “This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Title 28, U.S.C., § 1655, or to set aside a judgment for fraud upon the court.” The fraud upon the court described in the savings clause is distinct from the fraud described in Rule 60(b)(3), the latter of which allows a court to relieve a party of a judgment upon the showing of “fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party.”
A fraud upon the court action must satisfy a very demanding standard to justify upsetting the finality of the challenged judgment. The Third Circuit has described the standard as follows: In order to meet the necessarily demanding standard for proof of fraud upon the court we conclude that there must be: (1) an intentional fraud; (2) by an officer of the court; (3) which is directed at the court itself; and (4) in fact deceives the court. We further conclude that a determination of fraud on the court may be justified only by “the most egregious misconduct directed to the court itself,” and that it “must be supported by clear, unequivocal and convincing evidence.” Id. at 386-87 (internal footnote and citation omitted). The court further ruled that “the fraud on the court must constitute ‘egregious misconduct . . . such as bribery of a judge or jury or fabrication of evidence by counsel,’” id. at 390 (citation omitted), and that “perjury by a witness is not enough to constitute fraud upon the court,” id. This is consistent with Hazel-Atlas, which noted that its facts presented “not simply a case of a judgment obtained with the aid of a witness who, on the basis of after-discovered evidence, is believed possibly to have been guilty of perjury.” 322 U.S. at 245. Rather, the court found “a deliberately planned and carefully executed scheme to defraud not only the Patent Office but the Circuit Court of Appeals.” Id
Whether sovereign immunity precludes an independent action against the United States for fraud upon the court is a question of first impression for us. United States v. Timmons, 672 F.2d 1373 (11th Cir. 1982), is one of the few cases to address this question. In Timmons, the United States first brought an ejectment action against the defendants, who maintained that a separate trial was necessary to address their defense that the United States had improperly acquired the property from the defendants' ancestors. The Eleventh Circuit recognized that a court may "entertain an independent action in equity for relief from judgment on the basis of its independent and substantive equitable jurisdiction." Id. at 1378.
The power to vacate a judgment that has been obtained by a fraud on the court is inherent in all courts. Wright, Miller & Kane at § 2870 (citing Universal Oil Products Co. v. Root Ref. Co., 328 U.S. 575, 580 (1946)).  Almost all of the principles governing a claim of fraud on the court are derivable from Hazel-Atlas, supra. Wright, Miller & Kane at § 2870. If it is found that there was a fraud on the court, the judgment should be vacated and the guilty party denied all relief. Id.; Hazel-Atlas, 322 U.S. at 250-51. The entire cost of the proceedings, including attorneys' fees, may be assessed against the guilty party. Universal Oil Products, 328 U.S. at 580.
In order to prevail on an independent action in equity to obtain relief from judgment, the party against whom a judgment is entered is required to establish: (1) the existence of a judgment which ought not, in equity and good conscience, be enforced; (2) a valid defense to the alleged claim upon which the judgment is founded; (3) fraud, accident or mistake which prevented a party to the judgment from obtaining the benefit of his defense; (4) the absence of fault or negligence by the party seeking relief from the judgment; and (5) no adequate remedy at law. McGinnity, supra; See also National Surety Company v. State, 120 F. 593 (8th Cir. 1903); Bankers Mortgage Company v. United States, 423 F.2d 73 (5th Cir. 1970), cert. denied, 399 U.S. 927, 90 S.Ct. 2242, 26 L.Ed.2d. 793 (1970). Accordingly, if these five (5) elements could be established, a party could prevail on an independent action in equity to obtain relief from judgment, despite the procedural limitations embodied in the court rules and the other recognized means of providing a party relief from judgment.
As an "elementary" consideration before entertaining an independent action in equity to obtain relief from judgment, the party seeking relief is required to exhaust all his remedies at law. Kitzman, supra, at 586; Smeland, supra, at 987; Resaake, supra, at 566. Similarly, where a party should have brought a motion under the code of civil procedure for relief from judgment (see Kitzman, supra, at 586) or a party could have properly asked the court to invoke its inherent powers to vacate a judgment (see Smeland, supra, at 987), the court could not entertain an independent action. Conversely, where a party seeks relief from judgment by motion but does not meet the mandates of the procedural rules, his appropriate remedy is maintained through an equitable action for relief from that judgment. Resaake, supra, at 566.
An “‘independent action alleging fraud upon the court is completely distinct from a motion under [FRCP] 60(b).’” United States v. Burke, No. 05-5277, 2006 WL 2135044, *1 (3d Cir. 2006) (quoting Herring v. United States, 424 F.3d 384, 389 (3d Cir. 2005)); see also United States v. Barbosa, No. 07-1292, 2007 WL 2050881, *1 (3d Cir. 2007)
The standard the Sixth Circuit has announced for independent actions, for example, requires conduct: 1. On the part of an officer of the court; 2. That is directed to the ‘‘judicial machinery’’ itself; 3. That is intentionally false, willfully blind to the truth, or is in reckless disregard for the truth; 4. That is a positive averment or is concealment when one is under a duty to disclose; 5. That deceives the court. Demjanjuk v. Petrovsky, 10 F.3d 338, 348 (6th Cir. 1993) This standard recognizes that fraud upon the court, unlike perjury, need not be based on affirmative misstatements, but may be based on nondisclosures, and need not be based on proof of subjective knowledge of falsity, but may be founded on a showing of willful blindness or reckless disregard for the truth.
Other circuits have adopted more general standards. See, e.g., Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989) (“fraud upon the court is an ‘‘unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier or unfairly hampering the presentation of the opposing party’s claim or defense”); Gleason v. Jandrucko, 860 F.2d 556, 559 (2d Cir. 1989) (“fraud which seriously affects the integrity of the normal process of adjudication”); Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir. 1978) (“only the most egregious conduct, such as bribery of a judge or members of the jury, or the fabrication of evidence by a party in which an attorney is implicated”); Oxxford Clothes XX, Inc. v. Expeditors Int’l, Inc., 127 F.3d 574, 578 (7th Cir. 1997) (“conduct that might be thought to corrupt the judicial process itself, as where a party bribes a judge or inserts bogus documents into the record”); Greiner v. City of Champlin, 152 F.3d 787, 789 (8th Cir. 1998) (“egregious misconduct directed to the court itself”); Dixon v. Commissioner, No. 00-70858, 2003 U.S. App. LEXIS 4831, at *11-12 (9th Cir. Mar. 18, 2003), amending 316 F.3d 1041 (9th Cir. 2003) (“unconscionable plan or scheme which is designed to improperly influence the court in its decision”).
"Fraud upon the court" as distinguished from fraud on an adverse party is limited to fraud which seriously affects the integrity of the normal process of adjudication. Gleason v. Jandrucko, 860 F.2d 556, 559 (2d Cir. 1988) (citations omitted); Transaero, Inc. v. La Fuerza Area Boliviana, 24 F.3d 457, 460 (2d Cir., 1994). The concept of "fraud on the court" embraces "only that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases." Kupferman v. Consol. Research & Mfg. Corp., 459 F.2d 1072, 1078 (3d Cir. 1972) (citations omitted). Hadges v. Yonkers Racing Corp., 48 F.3d 1320, 1325 (2d Cir. 1995) (emphasis added).
The Ninth Circuit has fashioned a slightly different definition, holding that "to set aside a judgment or order because of fraud upon the court, ... it is necessary to show an unconscionable plan or scheme which is designed to improperly influence the court in its decision." Bailey v. Internal Revenue Service, No. 98-CV-123-TUC-RTT (JMR), 1998 U.S. Dist. Lexis 21517 at *26 (D. Ariz. 1998) (citing Wright, Miller & Kane at § 2870 (quoting England v. Doyle, 21 F.2d 304, 309 (9th Cir. 1960)).
The Fifth Circuit has defined fraud on the court to mean a "scheme by which the integrity of the judicial process has been fraudulently subverted by a deliberately planned scheme in a manner involving 'far more than an injury to a single litigant.'" Addington v. Farmer's Elevator Mut. Ins. Co., 650 F.2d 663, 668 (5th Cir.), cert. denied, 454 U.S. 1098 (1981) (citing, among other authorities, Hazel-Atlas, 322 U.S. at 245-46; Wright, Miller & Kane at § 2870).
Federal courts have found that there are three ways to attack a judgment on grounds of fraud on the court pursuant to this rule. See, e.g., United States v. Buck, 281 F.3d 1336, 1341-42 (10th Cir. 2002). One method is an independent action for fraud on the court pursuant to the savings clause in Federal Rule of Civil Procedure 60(b), which provides that it “does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding[.]” Buck, 281 F.3d at 1341 (quoting Fed. R. Civ. P. 60(b)).
To prove fraud on the court, it is not enough to show a possibility that the trial court was misled. Humbert, 655 N.E.2d at 607; K.M., 651 N.E.2d at 277; Pinter v. Pinter, 641 N.E.2d 101, 104 (Ind. Ct. App. 1994). Rather, there must be a showing that the trial court’s decision was actually influenced. G.H. Skala Const. Co. v. NPW, Inc., 704 N.E.2d 1044, 1049 (Ind. Ct. App. 1998), trans. denied.
The movant must establish that an unconscionable plan or scheme was used to improperly influence the court’s decision and that such acts prevented the losing party from fully and fairly presenting its case or defense. See In re Adoption of Infant Female Fitz, 778 N.E.2d 432, 437 (Ind. Ct App. 2002). Fraud on the court requires a "scheme by which the integrity of the judicial process has been fraudulently subverted by a deliberately planned scheme in a manner involving'far more than an injury to a single litigant.`" Addington (Page 9) Farmer's Elevator Mutual Insurance, 650 F.2d 663, 668 (5th Cir. 1981) (quoting Hazel-Atlas Glass, 322 U.S. 238, 245-46, 64 S.Ct. 997, 1002 (1944)). See Davenport Recycling Assocs. v. C.I.R., 220 F.3d 1255, 1262 (11th Cir. 2000) (alleged fraud on tax court). “It has been found only in those instances where the fraud vitiates the court’s ability to reach an impartial disposition of the case before it.” Id.
All courts have the inherent equitable power to vacate a judgment that has been obtained through the commission of fraud upon the court. Universal Oil Prods. Co. v. Root Ref. Co., 328 U.S. 575, 580 (1946).
While an attorney should represent his client with singular loyalty that loyalty obviously does not demand that he act dishonestly or fraudulently; on the contrary, his loyalty to the court, as an officer thereof, demands integrity and honest dealing with the court. And when he departs from that standard in the conduct of a case, he perpetrates a fraud upon the court.
Hazel-Atlas is a prime example of a situation for which the independent action was preserved under amended Rule 60(b). 28 U.S.C. App., Fed R. Civ. P. 60, Advisory Committee’s Notes on 1946 Amendment, at p. 795 (‘‘the rule expressly does not limit the power of the court, when fraud has been perpetrated upon it, to give relief under the saving clause. As an illustration of this situation, see Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944).’’). See also Beggerly, 524 U.S. at 46. The Court observed that the federal courts’ equitable power to set aside a final judgment obtained by fraud was well established and that, notwithstanding the ‘‘deep-rooted policy’’ of finality, ‘‘where the occasion has demanded, where enforcement of the judgment is ‘manifestly unconscionable,’ they have wielded the power without hesitation.’’ 322 U.S. at 244-45 (citations and footnote omitted)
Realize that the employees of the office of the clerk of the court are all officers of the court.  When the clerk's office fails to docket your filings, changes docket entries, backdates docket entries, and issues invalid orders that do not bear the signature of the clerk and the seal of the court, these are all acts that are grounds for a finding of fraud upon the court.  I have been amazed at the extent of the fraud perpetrated against me by the office of the clerk of the court.
This article focuses on federal court, but many states have similar statutes.
I will always file actions attempting to set aside orders and judgments when I can prove fraud upon the courts.  Before you do so, realize that corrupt judges will probably punish you by awarding massive legal fees sanctions against you.  My experience is that judges ignore the facts, ignore the law, commit crimes regularly, and will do anything to damage and stop anyone from attempting to prove fraud upon the court.

William M. Windsor

I, William M. Windsor, am not an attorney.  This website expresses my OPINIONS.   The comments of visitors or guest authors to the website are their opinions and do not therefore reflect my opinions.  Anyone mentioned by name in any article is welcome to file a response.   This website does not provide legal advice.  I do not give legal advice.  I do not practice law.  This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption.   Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed.  Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website.  The law is a gray area at best.  Please read our Legal Notice and Terms.
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Friday, May 10, 2013

CENTRELINK DEBTORS MAY NOT BE PURSUED UNDER RETROSPECTIVE DEBT RECOVERY LAW

PATRICIA KARVELAS From: The Australian May 08, 2013
A HIGH Court ruling has put into doubt thousands of prosecutions against people on welfare who did not tell Centrelink their circumstances had changed.
The High Court this morning upheld a 2011 law which forces a welfare recipient to tell Centrelink within 14 days of changes to income. The Federal Government made the law retrospective to cover up to 15,000 prosecutions since 2000.
But the Court found the retrospective aspect of the law was not valid.
The test case was led by Victoria Legal Aid to overturn backdated welfare-fraud laws that could mean up to 15,000 people owe the federal government money.
The case will help thousands of people at risk of criminal charges for welfare fraud because they have made mistakes in dealing with Centrelink.
The case was brought on behalf of single mother Kelli Keating. Ms Keating has been charged with welfare fraud under backdated laws introduced by the federal government in July 2011.
She had received an alleged overpayment of $6942, due to what Centrelink says was a failure to declare her income.
Ms Keating, 36, was working casual shifts that varied from week to week and did not declare changes in her income to Centrelink between 2007 and 2009.
Victorian Legal Aid Director Civil Justice, Access and Equity Ms Kristen Hilton said the retrospective legislation had targeted vulnerable people who in many cases had made a genuine mistake in failing to tell Centrelink of changes to their circumstances, not the rorters who set out to deliberately defraud the system.
"Being overpaid is simply not the same thing as fraud. Centrelink can already reclaim mistaken overpayments through administrative processes so this retrospective legislation was about also trying to turn genuine mistakes into crimes."
Ms Hilton said the Court’s judgment had also provided more clarity around the legal obligation imposed by the notices sent out by Centrelink to welfare recipients asking them to report changes in their circumstances.
"The Court has recognised that Centrelink just sending a notice to someone does not necessarily mean that person has done the wrong thing if they don’t respond, for example it matters whether they actually received the notices or were able to properly understand them.
"In our experience many of our clients who have a disability or don’t speak English well struggle to understand these notices and their obligations in a complex and confusing Centrelink system.
Ms Hilton said that taking on this case had been part of Victoria Legal Aid’s commitment to improving government decision making, which avoids time and worry down the track with reviews, appeals, criminal charges or court challenges.
"Preserving a person's income is also a key aspect of Commonwealth legal aid policy as it ultimately saves the community money by preventing other problems such as reliance on social services, homelessness and family breakdown."
http://www.theaustralian.com.au/national-affairs/centrelink-debtors-may-not-be-pursued-under-retrospective-debt-recovery-law/story-fn59niix-1226637629483

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