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Family Law

Fraud upon a Court. What is it?


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There are days when I feel dumb. This is one of those days.

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Please bear with me… it is a bit of a dry reading, but there are some valuable points to be remembered.

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What is the role of the Court?

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Here is what California Courts webpage state:

(http://www.courtinfo.ca.gov/about/aboutjb.htm)

The judicial branch of government is charged with interpreting the laws of the State of California. It provides for the orderly settlement of disputes between parties in controversy, determines the guilt or innocence of those accused of violating laws, and protects the rights of individuals.

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How does law define fraud and perjury?

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Definition of perjury can be found in California Penal Code:

Section 118a:

Any person who, in any affidavit taken before any person authorized to administer oaths, swears, affirms, declares, deposes, or certifies that he will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case then pending or thereafter to be instituted, in any particular manner, or to any particular fact, and in such affidavit willfully and contrary to such oath states as true any material matter which he knows to be false, is guilty of perjury.

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What does the existing law state?

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CA Family Code Section 2122

The grounds and time limits for a motion to set aside a judgment, or any part or parts thereof, are governed by this section and shall be one of the following:

(b) Perjury. An action or motion based on perjury in the preliminary or final declaration of disclosure, the waiver of the final declaration of disclosure, or in the current income and expense statement shall be brought within one year after the date on which the complaining party either did discover, or should have discovered, the perjury.

Federal Rules of Civil Procedure, Rule 60

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding.

On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

This rule does not limit a court’s power to:

(3) set aside a judgment for fraud on the court.

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What is fraud on (upon) the Court?

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  •       “While an attorney should represent his client with singular loyalty, such loyalty does not demand that he act dishonestly or fraudulently; on contrary, attorney’s loyalty to court, as officer thereof,  demands integrity and honesty in dealing with the court, and when he departs from such standard in conduct of case, he perpetrates fraud upon the court.” Kupferman v Consolidated Research & Mfg. Corp. (1972, CA2 NY) 459 F2d 1072, 16 FR Serv 2d 160, 19 ALR Fed 747.
  •         “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.
  •         “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)

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Law is clear:

Fraud on the Court (or upon the Court) is when attorney, the officer of the Court, commits fraud or perjury and any order or judgment should be set aside. 

.That is in principle, but many times in practice this is not upheld.


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September 9, 2011 - Posted by | Family Law | , , ,

2 Comments »

  1. Righthaven Ignores Judges Order Commits Fraud Upon The Court. Judges Waking Up To Fraud on the CourtTHE DANGERS OF DEFENDING YOUR FORECLOSURE CASE WITHOUT AN ATTORNEYMore Than 320,000 Active Foreclosure Cases RemainThe Times They Are A-Changin’: District Courts of Appeal Start Reversing Foreclosure JudgmentsPsychopsema the Family Court Kleptocracy (judicial malfeasance of office).avi – YouTubeThe Leading New York Foreclosure Defense Case of 2011Eviction court Judge Denise Kathleen Filan outstanding juristFraud upon a Court. What is it? [...]

    Pingback by Foreclosure Cases in Florida starting to trickle back into courts | Government Lies... | September 29, 2011

  2. The Bank foreclosed its mortgage by such Fraud: Have the court records by by which bank forclosed its mortgage alleging default of its mortgage while refusing to tender mortgage satisfaction Docs. to Title CO. causing its mortgage to go unpaid, took motel at Sheriff Sale while represented by Nine (9) law firms!!! we need lawyer to file KNOW ONE?

    Comment by Vincent Germano | February 23, 2014


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