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Pro Se. Know When It's Fraud Upon The Court and Filing The Rule 60 Motion.

  Рет қаралды 7,359

Empowerment Lawyer ● 4 Pro Se Litigant

Empowerment Lawyer ● 4 Pro Se Litigant

Күн бұрын

An allegation that an officer of the court, i.e., judge, attorney, prosecutor, perpetrated a fraud upon the court is serious. This video illustrates what a fraud upon the court looks like and what it doesn't look like. It uses a real case to demonstrate the prima facie elements required to file a Rule 60 Motion to get relief from the fraud.

Пікірлер: 132
@wessowavy328
@wessowavy328 5 ай бұрын
The best explanation of Fraud on the Court that I’ve seen, thank you for all of the knowledge that you provide 🙌🏾
@advocatelucinda
@advocatelucinda 5 ай бұрын
You are welcome.
@heofthebee
@heofthebee 3 ай бұрын
Huge frauds occur in the fraudulent service of process of debtors.
@surmichael80
@surmichael80 5 ай бұрын
I am in the situation, really bad with numerous civil cases fraudulently by HOA. I cannot file any motion without it being struck down by the court every single time. They did hold the hearings months after I filed the paperwork, but when the attorney filed his paperwork. It was awarded in 24 hours instead of giving me a chance to Respond. I filed for an emergency restraining order against nine members of the board and they basically flipped it and awarded the experienced Attorney judgment temporarily. And I'm running because I can't find one attorney to represent us.
@advocatelucinda
@advocatelucinda 5 ай бұрын
It seems you have kept the case alive. Focus on getting the attorney's judgment overturned or reversed. Best.
@kingbey8405
@kingbey8405 4 ай бұрын
Vacate judgment...then resend your signature on the contract...why do people waive property rights for HOA benefits....smh, such a large scam....theses people been using LAWfair against us
@kingbey8405
@kingbey8405 4 ай бұрын
Rescind signature..not resend..typo
@stloiyf
@stloiyf Ай бұрын
Sounds like you--and everyone else on this thread--needs my book. Get it from a library. The _only_ other book written in the last 100 years that's an absolute "must-read" is _You Have the Right to Remain Innocent_ or his viral video, which is essentially the same thing. I've done my job trying to protect you. Very Best Regards, Tom Scott Author ● Speaker ● World's Leading Expert on the Corrupt U.S. Legal System _Our American Injustice System_ _Stack the Legal Odds in Your Favor_
@safetybuddy
@safetybuddy 7 ай бұрын
Thank you Lucinda. I know a person that was fired after reporting their workplace injury to their employer. The former employer is committing Workers Compensation Fraud to avoid liability for the persons injury. The former employer has provided false statements and false evidence to justify terminating the injured employee. The employer appears to be protected by the system and despite reporting the fraudulent activities by the employer to several government agencies, no one as yet has taken the accusation of fraud seriously and the victim has been told to move on with their life that their complaints will go nowhere. Even the Sheriffs department that has jurisdiction will not allow the aggrieved party to put their complaint on the record. Now the persons WC attorney has dropped representing the person. No one has yet to help this victim of their former employers misconduct. I am amazed how many people give different answers to wether things in this matter are civil or criminal. There are elements of both. The employer is a big green energy construction company.
@advocatelucinda
@advocatelucinda 7 ай бұрын
Hi. I'm not going to tell you it's one or the other, because I don't know the facts in the case and the law in the jurisdiction. I trust the individual gets justice. Thanks for sharing.
@88774
@88774 7 ай бұрын
Excellent demonstration!!! What about a probate case that involves an attorney that prevents evidence found by their client to be given to the courts by and refuse to disclose to the court. This evidence would have shortened the clients litigation and could have turn the case into a different direction. I call this type of case " Money Hungry Attorney" or The Attorney that wanted to continue to take in money" What can the client file with courts against this injustice before this Attorney is given their distribution of fees?
@advocatelucinda
@advocatelucinda 7 ай бұрын
Hi. The law remains the same. The question is whether the facts at hand support fraud. Follow the law and facts. Best.
@Sobereyed
@Sobereyed 7 ай бұрын
If at sentencing your own lawyer lies and says that he lost contact with you, then asks the judge if they had read the psi report, then asks the DA if they read the report, then the judge immediately asks your lying attorney if he wanted to remove himself from being my attorney. I found out that what was in the report was a statement that I later had the judge remove because it was a misstatement of something I never said, which was that I had been coerced by a local judge for 5000 dollars. A judge whom I never heard of or ever met and my attorney should have never thought I would say such a thing but he ruined me to the judge and court and then never told me he removed himself. So by doing that I had a warrant and the public defenders office wouldn't speak to me, so I hired another attorney 20000 more. Is it fraud upon the court when my lawyer misrepresents me and taints my reputation to the judge on an untrue fact
@advocatelucinda
@advocatelucinda 7 ай бұрын
Remember, your facts need to support the prima facie elements for fraud. You know your case and you're in the best position to determine if you have a case of fraud. Best.
@Sobereyed
@Sobereyed 7 ай бұрын
Is it easier to prove fraud upon the court, or innefective assistance of counsel, or malpractice. With the facts I posted above what would be the most logical form of relief.
@advocatelucinda
@advocatelucinda 6 ай бұрын
Hi. The decision is yours to make. You know your facts. Follow the facts and the law. Best.@@Sobereyed
@roberthodges3646
@roberthodges3646 4 ай бұрын
Guy on here called James with how I got custody for cheap you can talk to him. he talks about ABA Rules 1.1 and 1.2 and 1.3. And ask for your money back.
@user-md3pi1on3f
@user-md3pi1on3f 2 ай бұрын
What are your thoughts on case 3:14-cv-03088 in Texas federal court that has fraud on the court discovered 8 years after judgment? Its probably the biggest case i've ever seen on fraud on the court
@advocatelucinda
@advocatelucinda 2 ай бұрын
I'll put it on my "to read" list. Hopefully, I'm able to read it and get back to you with my thoughts. Thank you for the information.
@user-md3pi1on3f
@user-md3pi1on3f Ай бұрын
@@advocatelucinda youre welcome that case is actually a two split case. the one you should read is September 2023 filings up to present you'll see its all about Fraud on the court where the defendant Brian Martin is trying to vacate a judgment for fraud on the court because the evidence came to light in 2022 that he was able to finally do it. My question to you is was this really a perfect fraud on the court example? Id love for you to make a video on this its such a crazy case now
@user-md3pi1on3f
@user-md3pi1on3f Ай бұрын
@@advocatelucinda only read the september 2023 filings to present thats gonna make it easier thats where the fraud on the court claim started. And thank you hope to see a video on that its such a intriguing case :)
@advocatelucinda
@advocatelucinda Ай бұрын
Thanks.
@user-md3pi1on3f
@user-md3pi1on3f Ай бұрын
@@advocatelucinda ur welcome it was denied but if you look at what the court has done they outright ignored Brian Martin's rights and didn't pay enough attention to pre trial fraud on the court they said "He went to a trial oh well too bad." But does the rule of law and our constitutional right say we have a right to a full and fair trial? That includes a lawsuit from day 1. Martin did not get that
@kouroshehteshami6571
@kouroshehteshami6571 7 ай бұрын
Thanks for your great schooling. I had a similar case but fraud to the max. Uber the defense kept feeding the majestric judge with false information including but not limited to in my absence they inform that plaintiff was convicted of fire arm and providing drug to minors which all was to impeach me. And that was exactly happened. Even the order of judge to dismissed my case stated that plaintiff is not trustworthy because of those conviction. Just to mention I was injured in a auto accident that caused by uber driver. They accepted 100%liability but the causation was at trial. I turned down $200 k offered because only past medical was $300. So in the case of fraud that majestric judge was parrot of it what choices do I have. Thanks a million
@advocatelucinda
@advocatelucinda 7 ай бұрын
Always follow the fact and the law. They will help you make a decision on how to move forward, should you. Best.
@kouroshehteshami6571
@kouroshehteshami6571 7 ай бұрын
@@advocatelucinda dear advocatelucinda, in your case example after the fact showing fraud, what was the best action they should of taken in your opinion, and also in my case when defense fraudulent act was induced and injured me after judicial personnel "judge" became involved with that crime, and I was convicted as a result. Is commission on judicial performance the only way out, or any other remedy available for a well known chess player like you. I am ready to make my next move. They have reached out and offered a settlement while my case pending opening brief in appellate court which I rejected.
@joedirt9680
@joedirt9680 15 күн бұрын
This is some powerful information. Almost scary. I had to watch it a few times to understand why the Court Ruled the way it did. Amazing and logical at the same time. The Court doesn't make Judgements, thats up to the Jury.
@advocatelucinda
@advocatelucinda 10 күн бұрын
Unless it's a bench trial.
@joedirt9680
@joedirt9680 10 күн бұрын
@@advocatelucinda or small claims! 😂 Judges never award money 💰 in small claims cases. Why is that?
@advocatelucinda
@advocatelucinda 10 күн бұрын
I don't know why.
@annierachellgeorge-irving5820
@annierachellgeorge-irving5820 7 ай бұрын
I found out why all my appeals were denied. They were mad at me for firing my attorney. She played me. I made a complaint to the bar. They told me they didn’t have jurisdiction in my case and to get an attorney. This is federal court. I know my case was fraud on the court. The judge was in on it. I got another attorney. And I’m getting results. She betrayed me. Because it was dealing with the defendant and the judges. I caught the judge in more than one lie in disability and retaliation complaint. She reported I was a patient of a doctor l knew not. Never was a patient. Anyway I hope I can trust this law firm. She was solo . Why would she betray me? I never did anything to her. In the complaint she filed. She had people getting part of my damages I didn’t know. There is more. I’m glad I got rid of her.
@advocatelucinda
@advocatelucinda 7 ай бұрын
Focus on what you need to do to get justice. Best.
@kingbey8405
@kingbey8405 4 ай бұрын
Yes they be mad, because your no longer belonging to the state jurisdiction...when an hired B.A.R card member is hired to REPresent a man or women in "court" you allow a foreign agent to speak to its fellow members with their language...It's all FRAUD! "Fruit of a poisonous tree"...you have no rights whatsoever when you GIVE you P..O.A away, (power of attorney).....when MEN or WOMEN handles their lawful affairs they can invoke common law jurisdiction and attorneys have no power whatsoever because they invoke maritime jurisdiction
@helenewebster-sisk6445
@helenewebster-sisk6445 3 ай бұрын
Thanks it is what I needed to explain what Atty Little colluded and conspired with Ralph Lauren Amanda and Ben and EEOC Daniel Nance, etc. 🎲
@advocatelucinda
@advocatelucinda 3 ай бұрын
You are welcome. Best.
@MarcusDamonGCRoofNerd
@MarcusDamonGCRoofNerd 2 сағат бұрын
Judge stopped and called a bench conference off the record had me sit down and the transcript reveals the state didn’t meet her burden and asked to start again the court asked if she can do that and let her then she told a different story and I went to prison. I have the transcripts and she is now the newest judge in my area. I want to file a 1983 but how do I get the case corrected? Im already done with the probation period and the case is closed. (2016 case) Also is this fraud on the court?
@roberthodges3646
@roberthodges3646 2 ай бұрын
This is golden. My brother is going through this with the police/prosecutor over Discovery violations and hiding evidence Napue /Brady not many know about Napue. What things can be done with police lying to a federal magistrate to gain a warrant on false allegations.
@advocatelucinda
@advocatelucinda 2 ай бұрын
You're right. A Napue violation is just as egregious as a Brady violation, exept the witnesses's credibility is damaged. I'll add this to my video to do list.
@roberthodges3646
@roberthodges3646 2 ай бұрын
@@advocatelucinda I have case laws 2014 and 2017 i found pdf files you would love. I cannot find it again as soon as i found them i copied the files. 100s of them.
@advocatelucinda
@advocatelucinda 2 ай бұрын
Good job. They'll come in handy.
@danny1682
@danny1682 6 ай бұрын
Lucinda, Is it a fraud upon the Court when the Hospital deliberately did not hand over half of the Medical Records to our attorney and then told the Court that since we did not have an expert opinion from the Doctor the case should be dismissed? We could not get the opinion but later I asked the medical records company how many pages they had transcribed and the date they did the work. The number of pages was wrong and the Records were transcribed 2 months later.
@advocatelucinda
@advocatelucinda 5 ай бұрын
Remember, the facts and law are key. Do you have facts that demonstrate the elements of fraud? Go from there. Best.
@danny1682
@danny1682 5 ай бұрын
Thank you Lucinda. Yes, the records were sent digitally and a Drug overdose was a second drug corroborated by ER Dr. who said a bleed consequence. Transcribing company was not hired till later and work was 2x the pages given to us. @@advocatelucinda
@danny1682
@danny1682 5 ай бұрын
Thank you. M. Records were sent digitally immediately but transcriber was hired later and confirmed that 2x pages were derived. ER Dr. confirmed an overdose by a 2nd Dr. caused a bleed, confirmed by a consultation with another Doctor. I just didn't know if the Court was defrauded because case was dismissed due to the lack of Expert Opinion.@@advocatelucinda
@advocatelucinda
@advocatelucinda 5 ай бұрын
The formula will be the same. Facts and evidence must establish elements of fraud.
@phonglam2018
@phonglam2018 5 ай бұрын
how to turnover a case of fraud on the court, which is conducted by the Registrar of the court, blocking my motion documents and approved with court seal for electronic fake court judgment ?
@advocatelucinda
@advocatelucinda 5 ай бұрын
The formula is the same. Look at your facts and evidence and determine if they establish fraud. Best.
@phonglam2018
@phonglam2018 5 ай бұрын
the registrar public the fake court judgment on the court records website, rejected my submission, block my email access to justice.
@advocatelucinda
@advocatelucinda 5 ай бұрын
Do you need to appeal? Look at your jurisdiction rules on appeals. For federal court appeals, F.R.C.P. 4.
@phonglam2018
@phonglam2018 5 ай бұрын
​@@advocatelucinda how can I appeal? if fraud on the court is committed by the court service staff, the Registrar.
@advocatelucinda
@advocatelucinda 5 ай бұрын
The following link will help you understand the appeal process. kretzerfirm.com/how-to-file-a-notice-of-appeal-in-federal-court/ Also, read Federal Rules of Appellate Procedure, 3 and 4.
@michellehughes931
@michellehughes931 Ай бұрын
I would LOVE to hire you to help me through the nightmare I got going on. I can not and will not hire attorney, especially around here because they get paid off to cover up R I.C.O. crimes
@advocatelucinda
@advocatelucinda Ай бұрын
I'm not taking cases. Assuming your RICO is in federal court, you can hire an attorney from another state, through pro hac vice.
@pncpnc614
@pncpnc614 2 ай бұрын
Hello, I been dealing with my ex’s attorney for 8 years and this attorney has lied from day one when I filed, my question is after a previous judge declared a mistrial I was told everything starts over well the problem is that I was told that all the evidence I had previously submitted and evidence that was subpoenaed and lodged with the court needed to be resubmitted which is fine except this new trial I wasn’t allowed to present that evidence even though it was in my trial brief which the judge approved already and this attorney keeps saying it’s to late and that I don’t have separate property which I have all the documents to prove the tracing so is it fraud upon the court when the attorney objection is that I don’t have separate property case closed even when he got copy’s of all my documents previously and in this new trial the allowed this attorney to present a document in the middle of the trial to counter a undue influence presumption but judge denied me from presenting any of my relevant evidence that was in my trial brief.
@advocatelucinda
@advocatelucinda 2 ай бұрын
I don't know your case and the facts in your case and am not able to state whether you have experienced fraud upon the court. Look to the prima facie elements for fraud upon the court and determine whether your facts support the action. That's key.
@clarenceshed311
@clarenceshed311 13 күн бұрын
Does a federal rule 60 fraud upon the court have to be filed with the same judge that committed the fraud.?
@advocatelucinda
@advocatelucinda 10 күн бұрын
Read the material I provided below, as well as your local rules.
@wiremanibew
@wiremanibew 6 ай бұрын
If an attorney is to be licensed in the state as a debt collector, but is not and files a case for debt collection in the court. Is that Fraud on the Court.
@advocatelucinda
@advocatelucinda 6 ай бұрын
Remembert, look at your facts and the elments you have to prove. That's your answer.
@emilyj.burkelmft6478
@emilyj.burkelmft6478 3 ай бұрын
What about if the court is shown evidence of fraud and they do not do anything to remedy it. Example, adoption fraud
@advocatelucinda
@advocatelucinda 3 ай бұрын
I would ask: what recourse you have; for example, appealing? Read your jurisdiction rules.
@JosephBland-vf8ux
@JosephBland-vf8ux 3 ай бұрын
Thank You!
@advocatelucinda
@advocatelucinda 2 ай бұрын
You're welcome!
@helenewebster-sisk2407
@helenewebster-sisk2407 5 ай бұрын
Yes
@user-fu7yx2ce2c
@user-fu7yx2ce2c 7 ай бұрын
Thanks so much.
@advocatelucinda
@advocatelucinda 7 ай бұрын
You're welcome!
@MarieJones-ix2sj
@MarieJones-ix2sj 3 ай бұрын
I am a pro se suing federal dea narcotic agents I have my civil lawsuit ready to deliver do I send it to the department of justice
@advocatelucinda
@advocatelucinda 2 ай бұрын
F.R.C.P. 4 Summons sets forth the process on serving the United States. Here is the link: www.law.cornell.edu/rules/frcp/rule_4
@RichardBoucher-g6g
@RichardBoucher-g6g Ай бұрын
What about court commiting fraud against a person ?
@advocatelucinda
@advocatelucinda Ай бұрын
Interesting question. I submit that acts of a judge could rise to the level of violating the elements of fraud against a person: (1) representation of a fact; (2) knowledge statement false; (3) with intent to deceive the person; (4) person relied on the statement, (5) the person was injured, as a result. In this scenario, the judge, an officer of the court, is now using the "court" as a "judicial machinery" to perpetrate a fraud and make material misrepresentations to the court. It violates the very principles of due process, i.e., it interferes with the factfinder's ability to fairly adjudicate the case. The court is now "tainted." I further submit that, together, these equal fraud upon the court.
@rican86t89
@rican86t89 7 ай бұрын
Thank you so much for this info! I would like to reach out to discuss more on this subject. I just discovered this with my case, and I want to share the information. At your convenience, please reach out.
@advocatelucinda
@advocatelucinda 7 ай бұрын
Hi. You can contact me at adjunctlaw@gmail.com
@clarenceshed311
@clarenceshed311 2 ай бұрын
what happens when you file motion 60 fraud upon the court and the judge refuses to rule on the motion?
@advocatelucinda
@advocatelucinda 2 ай бұрын
In most jurisdictions, a person may file a writ of mandamus. See F.R.A.P. 21. Also, read your local jurisdictional rules for relief; for example, Ind. R. Civ. P. 53.1, Failure to Rule on Motion.
@clarenceshed311
@clarenceshed311 2 ай бұрын
thank you
@clarenceshed311
@clarenceshed311 2 ай бұрын
Does ind Civ.P. 53.1 apply in Illinois Northern District?
@advocatelucinda
@advocatelucinda 2 ай бұрын
Welcome.
@advocatelucinda
@advocatelucinda 2 ай бұрын
The F.R.C.P. 53.1, here, is specific to Indiana.
@clarenceshed311
@clarenceshed311 13 күн бұрын
judge denied procedure 60 (b), can I appeal? Case No 1:21-CV-05523 Shed v Joe Bredemann Ford.
@advocatelucinda
@advocatelucinda 10 күн бұрын
Here is reading on the appealability of the 60(b) motion. (It also includes material on Rule 59) 2255motion.com/rule-59-rule-60/#:~:text=First%2C%20while%20decisions%20on%20both,the%20Rule%2060%20motion%20only.
@advocatelucinda
@advocatelucinda 10 күн бұрын
Also, read the following case requiring a Certificate of Appealibility: 2255motion.com/rule-59-rule-60/#:~:text=First%2C%20while%20decisions%20on%20both,the%20Rule%2060%20motion%20only.
@clarenceshed311
@clarenceshed311 10 күн бұрын
thank you very much, you're a Blessing.
@advocatelucinda
@advocatelucinda 5 күн бұрын
You are welcome.
@carlaraimer718
@carlaraimer718 5 ай бұрын
💜🙏💜 thank you
@advocatelucinda
@advocatelucinda 5 ай бұрын
You are welcome.
@thefirm9679
@thefirm9679 7 ай бұрын
Good Educational Content
@advocatelucinda
@advocatelucinda 7 ай бұрын
Thank you.
@sandyshayegray1481
@sandyshayegray1481 3 ай бұрын
Magnificent💜💜💜💜
@advocatelucinda
@advocatelucinda 3 ай бұрын
Thank you! I'm glad you enjoyed the video.
@mojothekidmusic1763
@mojothekidmusic1763 4 ай бұрын
Helpful
@advocatelucinda
@advocatelucinda 4 ай бұрын
I'm glad.
@reyt2304
@reyt2304 Ай бұрын
I need help city and state workers defrauded me and stole over 750,500,000 from me .
@advocatelucinda
@advocatelucinda Ай бұрын
Contact your State Bar and request a list of attorneys you can call and consult with, regarding this issue. Best.
@rhodeislandred9873
@rhodeislandred9873 2 ай бұрын
I need your help I'm email you my paperwork please note I'm a 54 yr old widow lost home due to son in law saying no will and divorce decree takes home away from me my ex left to me by leaving my name on and he lied in court.
@advocatelucinda
@advocatelucinda 2 ай бұрын
I recommend that you seek the advice of a attorney or one with expertise in probate matters. Contact your state bar and ask for a list of attorneys with expertise that you can contact. Best.
@SB-kt5ze
@SB-kt5ze 6 ай бұрын
How about the TODD deed
@advocatelucinda
@advocatelucinda 6 ай бұрын
Hi. Are you referring to the Transfer On Death Deed? If so, what is your specific question?
@surmichael80
@surmichael80 5 ай бұрын
How can I contact you?
@advocatelucinda
@advocatelucinda 5 ай бұрын
adjunctlaw@gmail.com.
@keedyification
@keedyification 3 ай бұрын
@@advocatelucinda I discovered a forged instrument in my property records that was used to sell my property to a 3rd party, the documents filed by an attorney are falsified and evidence from federal court records prove it, but I can't get this judge to even look at my evidence or even rule on it, everytime I'm in court I get the run around and my case is denied when I know for a fact that a forged instrument in property records voids all transactions, but this judge is not listening or is ignoring it, while I have constantly demanded that the other party present a legal title to the court to this day they have not and the judge has not even ordered them to do so, what can I do, I did file a complaint with the bar against the attorney who filed the documents and am waiting to hear about that
@advocatelucinda
@advocatelucinda 3 ай бұрын
Any time a judge denies a case, there are remedies available to the aggrieved party, such as the right to appeal. Read your state rule on appeals and remedies.
@keishade1852
@keishade1852 7 ай бұрын
❤❤❤❤❤❤
@advocatelucinda
@advocatelucinda 6 ай бұрын
Appreciated.
@helenewebster-sisk2407
@helenewebster-sisk2407 5 ай бұрын
Helpful
@advocatelucinda
@advocatelucinda 5 ай бұрын
I'm glad.
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