There is a growing awareness, a sickening realization out there that fraud is being committed in our courtrooms…just how pervasive the fraud is remains an open question….but I predict the real truth is not going to be pretty. Some judges are taking the initiative and dismissing cases when they uncover the fraud. So what kind of fraud rises to the level that a case should be dismissed?
The requisite fraud on the court occurs where “it can be
demonstrated, clearly and convincingly, that a party has
sentiently set in motion some unconscionable scheme
calculated to interfere with the judicial system’s ability
impartially to adjudicate a matter by improperly influencing
the trier of fact or unfairly hampering the presentation of the
opposing party’s claim or defense.” Aoude v. Mobil Oil Corp.,
892 F.2d 1115, 1118 (1st Cir.1989).
Check out this opinion:
And this beautiful piece of literature:
Along with a nice collection of cases from across the state finding that shows a pattern of our judges finally having enough of all this (hat tip to Foreclosure Hamlet):
What’s my best example of a fraud that so permeates the proceedings? Well for starters and the easiest, how about fraud in the service of process. The service itself and the billing, all of which is incorporated into the Final Judgment. That certainly permeates the whole of the proceedings. Our judges need to read all of these opinions and start making them part of the practice.