Tag Archives: Ethics Violations

Fraud On The Court, Definitions & Case Law

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”?A judge is an officer of the court, as well as are all attorneys. A state judge is a state judicial officer, paid by the State to act impartially and lawfully. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully. State and federal attorneys fall into the same general category and must meet the same requirements. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).
  1. 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.”

  1. 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” 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).

Under Illinois and Federal law, when any officer of the court has committed “fraud upon the court”, the orders and judgment of that court are void, of no legal force or effect.

  1. What causes the “Disqualification of Judges?”

Federal law requires the automatic disqualification of a Federal judge under certain circumstances.

In 1994, the U.S. Supreme Court held that “Disqualification is required if an objective observer would entertain reasonable questions about the judge’s impartiality. If a judge’s attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified.” [Emphasis added]. Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994).

Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) “is directed against the appearance of partiality, whether or not the judge is actually biased.”) (“Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.”).

That Court also stated that Section 455(a) “requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned.” Taylor v. O’Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that “It is important that the litigant not only actually receive justice, but that he believes that he has received justice.”

The Supreme Court has ruled and has reaffirmed the principle that “justice must satisfy the appearance of justice”, Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 13 (1954). A judge receiving a bribe from an interested party over which he is presiding, does not give the appearance of justice.

“Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances.” Taylor v. O’Grady, 888 F.2d 1189 (7th Cir. 1989).

Further, the judge has a legal duty to disqualify himself even if there is no motion asking for his disqualification. The Seventh Circuit Court of Appeals further stated that “We think that this language [455(a)] imposes a duty on the judge to act sua sponte, even if no motion or affidavit is filed.” Balistrieri, at 1202.

Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another example of his “appearance of partiality” which, possibly, further disqualifies the judge. Should another judge not accept the disqualification of the judge, then the second judge has evidenced an “appearance of partiality” and has possibly disqualified himself/herself. None of the orders issued by any judge who has been disqualified by law would appear to be valid. It would appear that they are void as a matter of law, and are of no legal force or effect.

Should a judge not disqualify himself, then the judge is in violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) (“The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause.”).

Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of “interference with interstate commerce”. The judge has acted in the judge’s personal capacity and not in the judge’s judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone’s next-door neighbor (provided that he is not a judge). However some judges may not follow the law.

If you were a non-represented litigant, and should the court not follow the law as to non-represented litigants, then the judge has expressed an “appearance of partiality” and, under the law, it would seem that he/she has disqualified him/herself.

However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states “disqualification is required” and that a judge “must be disqualified” under certain circumstances.

The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce.

Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts.

Why Family Courts and CPS Target Fit Parents, by Patricia Mitchell

By Patricia Mitchell

Rich, poor, middle class – no child in America is safe. These words of award-winning investigative journalist Keith Harmon Snow (author of The Worst Interests of the Child) refer to the abusive practices that regularly occur within the Family Courts and Child Protective Services (CPS) Courts. On their watch, each year hundreds of thousands of children suffer from abuse (including rape and prolonged torture) that would not have happened without this court system’s initial invasion and subsequent entrapment.

Removing children from their homes, separating children from parents, and creating conflict within the family unit is good business for the judicial officials and has become what the Family and CPS Courts do best.

Court officials heavily profit from these induced conflicts. They have learned how to milk the system for financial gain, by targeting the protective (fit) parent instead of the abusive (unfit) parent, resulting in children getting placed with pedophiles, sadistic sociopaths, and narcissists, in life-threatening environments. Although “the State” will pay the court officials if a low income or poor family is involved, the system forces protective parents who are middle class or wealthier to foot the bills for all court services. Either way, rich or poor, court officials have made a big business out of family conflicts, using children as currency.

Why would the courts target a fit parent instead of an unfit parent? Because there is no money to be made off of the unfit one. The Family and CPS Courts require one parent willing to participate with them, to care about the child’s well being and, most importantly, to make a commitment to the courts. Protective parents will do anything and everything the courts demand of them. Whereas abusive parents are more likely to give in after the court system’s first hurdle, demand, or when he/she sees the bills, simply saying, “Fine, take the child.”  Why Family Courts and CPS Target Fit Parents

Guardian Ad Litem Audit in Minnesota

A legislative commission on Thursday approved several state programs it would like the Legislative Auditor to evaluate, including the health department’s Office of Health Facility Complaints and the Minnesota Guardian ad Litem program, both subjects of 5 EYEWITNESS NEWS Investigations in November.

The Office of the Legislative Auditor said its evaluation will look into management, governance, oversight and processes of specific program areas.”

http://kstp.com/politics/legislative-auditor-evaluates-health-department-office-health-facility-compaints-guardian-ad-litem-program-/4447495/

Reform family law courts – hold judges, GALs, attorneys and court VENDORS accountable with REAL punishment when they break the law, violate mandated duties or when their actions cause HARM

Reform family law courts – hold judges, GALs, attorneys and court VENDORS accountable with REAL punishment when they break the law, violate mandated duties or when their actions cause HARM!

Easter Blessings To Those Separated From One Another Due to Family Court Corruption

Stay Strong.  Love Wins.  Truth always eventually comes out.  Karma works, and selfish, evil people will face their Maker one day.  In the end, though they made their pile of cash, they cannot sever your Bond.

Dishonorable Ronald Grensky, A Poor Example Of A Judge

By Joseph Snook
Investigative Reporter

Medford, OR – Out of the twenty-seven judicial districts for the State of Oregon, Judge Grensky ranks in the bottom 2% of all judges according to The Robing Room, an online website that publicly reviews Oregon Judges. Out of the 173 Circuit Court Judges in Oregon, there are only three Judges with worse ratings than Grensky. Notably, almost half of Judge Gresky’s poor reviews are from attorney’s. The Oregon Court of Appeals is currently looking into how many cases Grensky has had overturned. And now, Grensky’s judicial authority has come into question yet again.

Grensky’s most recent miscarriage of justice took place in an ongoing child custody case between Christi MacLaren and her ex, Sean Lenzo, over their six-year-old daughter.


Christi with her daughter

Judge Grensky removed custody from Christi on Oct. 13, 2015 (Judge Grensky formally granted status quo custody on May 19, 2016, although daugther has been with Lenzo since Oct. 13, 2015) when Department of Human Services (DHS) Child Caseworker, Cori McGovern, testified that Chirsti had mentally abused her own daughter. Christi had previously reported that Sean Lenzo (biological father) had rubbed, “magic cream” on her daughter’s vagina in a really fast motion until bleeding/severe burning occurred – this according to her daughter. Next, the young girl reportedly claimed Lenzo took a picture of her vagina while it was bleeding, eventually showing her the photo as he laughed. This allegation, while cruel in nature, might not be “sexual” as originally reported.

 

Dishonorable Joudge Ronald Grensky, A Poor Example of a Judge

Dr. Daniel P. Fisher & The Litigation Therapy Racket, With Michael Volpe

“When a court ordered professional begins working for one side, as Dr. Fisher clearly was in this case, it is the worst of both worlds. You have a hired gun with the veneer of independence. It is something I have seen and documented repeatedly. Dr. Stanton Samenow, not only in Chris Mackney’s case, would come in as a so-called independent arbiter but end up communicating, and often being paid, exclusively with one side. He would pretend as though his so-called expert opinion was objective while being bought and paid for and that’s what it appears happened in this case as well.

Not only with Dr. Fisher, but Natalie Koga and others in this case. The veneer of independence is one of many reasons why I believe all court ordered professionals should be outlawed immediately. They are not merely a waste of hundreds of thousands of dollars but counter-productive and often actively work to create conflict in cases in order to justify their continued involvement.”Michael Volpe, Author of Bullied To Death: Chris Mackney’s Kafkaesque Divorce

Dr. Fisher was reprimanded by the State of Illinois for Dual Role Misconduct in a prior case.  “The foregoing acts and/or omissions are violations of the “Ethical Principles of Psychologists and Code of Conduct”  Fisher_Redacted

The APA Ethics Code Standard 3.05 states that “psychologists should refrain from entering into multiple relationships…or otherwise risks exploitation or harm to the person with whom the professional relationship exists.”  But exploitation and harm is the strategy for these court shrinks for hire.

 It is considered unethical to switch back and forth between an evaluative and psychotherapeutic role,” David Stein, Ph.D., chair of the Forensic Psychology Committee of the California Psychological Association.

tumblr_mu9qdnUdpk1rw872io4_500We survivors of Therapist Abuse by these court shrinks for hire by the highest bidder, know full well the severe trauma when these so-called “professionals” – the lawyers, court doctors, court therapists and hired gun evaluators –  trap and re-traumatize us in their lucrative litigation therapy racket.

Forcing a trauma victim to sit in their office re-living traumatic memories against their will,  while they bill by the hour, scribbling their notes, writing false reports for corrupt Child Reps, Guardian Ad Litems, and guns for hire custody evaluators.

Because the victims of this racket are court-ordered to be there.  They did not choose these low rung of the ladder providers with sanctions on their licenses for themselves.  How convenient for them to have such an endless supply of guaranteed paying clients, provided by family court. The truth of the matter is, they need you trapped, or they won’t have a job.

BribesFCDr. Daniel Fisher, who wrote Natalie Koga’s made to order false reports, repeated his mantra, in his saccharin-sweet, pretending to care “therapist” voice:  “How’s your “therapy” going?”  Probing for anything to pounce on, all the while, working for the other side. 

 

Twilightzone1959And who could ever forget Dr. Fisher’s disturbing, cringe-worthy performance for a packed courtroom during one of his several days of false testimony!

Bizarrely, finishing his star turn on the witness stand, taking center stage while raising his chest into a stiff military posture,  he faced my ex-husband directly.  Then, with a grand flourish, GAVE HIM A FULL MILITARY SALUTE RIGHT IN THE FRONT OF THE COURTROOM! 

He remained “at attention” for a full two seconds, then suddenly remembering himself, flustered, looking down, eyes darting about.  My ex-husband beamed with delight as Dr. Fisher tottered off  the “stage”.

He should have bowed and curtsied too!   This, my friends, is one of the many ways the players in the litigation therapy racket show their true colors, and why Cook County Chicago will not allow videotaped transcripts.

As hired gun crazy-makers, these therapists don’t encourage you to speak your own truth with confidence.   An empowered victim is the LAST thing they want.

WalkingBeachThey don’t want you to walk on the beach, go to the woods, garden, go barefoot savoring the cool grass between your toes, rest, laugh, make art, or just take a healthy break from abusive talk therapy used against you in false reports paid for by the other side –  or anything else that challenges their power and control over their cash cows. 

They have no interest in your wellness.  They are not encouragers.  That would be counter-productive to the racket.

You see, just like Nurse Ratched in One Flew Over The Cuckoo’s Nest, they aren’t in it to empower people to connect with their own inner strength.  They aren’t in this helping profession to help.  They are in it to harvest victims.

Their JOB is to Gaslight the victim.  To put them off balance – to mess with their heads.  To re-traumatize them.

To manufacture a “crazy label” for the victim in their Kids for Cash scam.  Hiding abuse, and keeping it going is big business.  And if they could, they would keep their cash cows trapped in their litigation therapy racket forever.  

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AMother'sHeartSongsUnsilenced

Dr. Daniel Fisher’s Misconduct, with Michael Volpe

“When a court ordered professional begins working for one side, as Dr. Fisher clearly was in this case, it is the worst of both worlds. You have a hired gun with the veneer of independence. It is something I have seen and documented repeatedly. Dr. Stanton Samenow, not only in Chris Mackney’s case, would come in as a so-called independent arbiter but end up communicating, and often being paid, exclusively with one side. He would pretend as though his so-called expert opinion was objective while being bought and paid for and that’s what it appears happened in this case as well. Not only with Dr. Fisher, but Natalie Koga and others in this case. The veneer of independence is one of many reasons why I believe all court ordered professionals should be outlawed immediately. They are not merely a waste of hundreds of thousands of…

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We Demand That Family Court Insiders Immediately Cease & Desist From Treating Us Like Their Personal Money Machines, by Lisa Nadig

If we really care about our nation’s children, we will insist on oversight and accountability in our highly lucrative, self-policing family courts that operate without any checks and balances.  We demand reform, accountability, and checks and balances in this system.  

We demand that our Constitutional Rights be upheld, Due Process, Rules of Evidence and the State Statutes be followed.  We demand that Family Court judges, who receive their salaries and pensions from our tax-payer money, adhere to their sworn Oath of Office.  

We demand that attorneys and court vendors adhere to the Code of Ethics for their respective professions.  We demand an immediate end to false reporting, perjury and Judicial Deception on the part of Child Representatives, Guardian Ad Litems, and all court vendors.  We demand that all Child Reps and GAL’s adhere to the statutes pertaining to their work.  

We demand an immediate end to the illegal practice of forcing litigants into so-called “therapy” with their buddies.  We demand an end to all cronyism and corruption.  

We demand that all family court judges, attorneys and court vendors behave in an honorable and decent fashion.  We demand that they treat each and every litigant and child in the system with honesty, respect, kindness, and courtesy.  We demand that family court insiders immediately stop exploiting litigants and Cease And Desist from treating us like their personal money machines.

State Family Courts Are Forcibly Depriving Children’s Access To A Parent Because It Is A Source Of Federal Revenue

The state is the welfare recipient. The funding means evidence of abuse is ignored.

“In simplest terms: State family courts are forcibly depriving children’s access to a parent because it is a source of revenue for the states – and because they can.”

http://standuptoday.blogspot.com/2006/02/how-federal-welfare-funding-drives.html

 

 

Cook County Court Rackets, Rense.com

If you are the head of a court reform investigative group for more than four decades, you are bound to have bulging files confirming that the Bench and the Bar are almost impossibly arbitrary and under a malign if not actually corrupt influence.
 
Since 1963 we have compiled over one million court documents, secret investigators’ notebooks, audio/video tapes, and supporting records of all kinds. Quite a number of our members over the years complained they had been fleeced by greedy lawyers jointly operating with judges, some in banks owned and operated by Judges, sometimes right near the courthouse. [The biggest judicial bribery case up to 1969, involved the highest tribunal of Illinois, the Illinois Supreme Court, most of whose judges were co-owners, along with nine name-brand gangsters, of a bank named after the courthouse and right across the street from the Judges’ local offices. See the cover and summary of the book “Illinois Justice” shown on the Home Page of my website, http://www.skolnicksreport.com ].

http://www.rense.com/general60/courte.htm