How Do I Deal With Fraud on the Court?

Full Question:

I have a significant fraud case where the whole matter started with the opposing party and his attorney creating fake court orders to try to get me arrested. These were never signed by a judge but later they bribed a judge or tricked him into issuing order on what should be a VOID order due to fraud, there is fraud found in each item in the court record and I suffered harms unimaginable. Is this a criminal matter or a civil one? This case is the worst case of fraud I have ever seen. I was diagnosed with PTSD from having years of due process denied. What should I do? It took every penny fighting this battle where they even resorted to mail fraud and manipulated notices sent from the court to go not to me or my attorney but to the opposing party instead. The fraud is clear and proven by the court record - are there attorneys who can bring a case on contingency for this? It's pretty cut and dried but I've never heard of a case this bad and neither have most lawyers apparently
07/03/2010   |   Category: Courts   |   State: Minnesota   |   #22577

Answer:

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:

http://conferences.aicpa.org/materials/downloads/Fraud%2028.pdf

Please feel free to consult our attorney directory at the following link:

http://lawyers.uslegal.com/general-practice/minnesota/

You may also wish to use the referral service of the state bar association at the following link:

http://www.mnbar.org/nav-find.asp