How Do I Deal With Fraud on the Court?
The answer will depend on all the facts involved. Criminal cases involve criminal intent. There may be criminal charges such as obstruction of justice involved. "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
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."
We suggest you consult a local attorney who can review all the facts and documents involved. Many attorneys will offer a free initial consultation. Contingency fees are usually not accepted for handling criminal matters.
Please see the information at the following link for a discussion of the differences between a civil and criminal fraud case:
Please feel free to consult our attorney directory at the following link:
You may also wish to use the referral service of the state bar association at the following link: