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Fraud On The Court By An Officer Of The Court And "Disqualification Of Judges, State and Federal."
1. Who is an "officer of the court"? 2. What is "fraud on the court"? 3. What effect does an act of "fraud upon the court" have upon the court proceeding? 4. What causes the "Disqualification of Judges?"
1. Who is an "officer of the court?"
FACT: No you are not. You are a Citizen, first and foremost. If you play "officer," I play "King." Nor are police, "officers of the court" either. Police work under the authority of a different branch. Your words border on the treason. See seperation of the powers clause of the Constitution.
2. What is "fraud on the court"? 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 by the 7th Circuit Court of Appeals 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 can not 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."
3. What effect does an act of "fraud upon the court" have upon the court proceeding? "Fraud upon the court" makes void the orders and judgments of that court.
It is also clear and well-settled Illinois law that any attempt to commit "fraud upon the court"
IT ALSO PRODUCED THIS:
4. What causes the "Disqualification of Judges?"
SEE ALSO F.R.Civ.P 60
Federal Rule of Civil Procedure 60(b) preserves the district court's right to hear an independent action to set aside a judgment for fraud on the court. An independent action to set aside a judgment for fraud on the court is "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." United States v. Beggerly, 524 U.S. 38, 46, 118 S.Ct. 1862, 141 L.Ed.2d 32 (1998) (internal quotation marks omitted).
"Only one tribunal ever adopted a practice of forcing counsel upon an unwilling defendant in a criminal proceeding. The tribunal was the Star Chamber." -U.S. v Faretta , 422 U.S. 806 (1975) OUTSIDE IT'S AMERICA. When speech is compelled, additional damage is done. Individuals are coerced into betraying their convictions. Forcing free and independent individuals to endorse ideas they find objectionable is always demeaning. -Thomas Jefferson
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A CONSPIRACY TO DEFRAUD THE U.S. 18 USC § 2382. Misprision of treason
"I HAVEN'T HAD TO BE A PRISONER, but I know what it's like one step removed and it's awful. YOU WANT to get out of that situation." ~Judge Howard Matz, speaking to Killercop.
"If one or more defendants fraudulently conceals facts that are essential to the victim's ability to purse its rights, the running of the statute of limitations may be tolled." ~RICO ACT
Frauds Upon the Court. NOT ONE BUT SEVERAL FRAUDS ON THE COURT, BY A. HOWARD MATZ AND CO.
The three were standing on the edge sanity and the law, then they fell off it.
The term 'fraud' is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage. [Fraud may also include an omission or intentional failure to state material facts, knowledge of which would be necessary to make other statements not misleading.]
The United States Court of Appeals for the Sixth Circuit has set forth five elements of fraud upon the court which consist of 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).
FACTS IN SUPPORT OF THE CASE OF THE FRAUD BY THE OFFICER(S) OF THE COURT. ACTORS: Greg, Eleana, Howard, and Debra.
It is obviously good and proper to respect the U.S. flag, perpetuated with the blood of American heroes. On the other hand, it can be a fatal mistake, a nuking of the Bill of Rights, not to recognize scoundrels who wrap themselves in the same flag to cover up their crimes against the American common people. 18 USC § 2382. Misprision of treason Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both. 18 USC § 4. Misprision of felony Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. A CONSPIRACY TO DEFRAUD US.
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