My April 10, 2014 Letter to CharlesS. Carra of US District Court...
Posted in the Banking Forum
#1 Apr 9, 2014
April 10, 2014
Charles S. Carra
United States District Court
re: Your un-signed April 8, 2014 Letter with Returned Papers
Dear Mr. Carra:
I received your un-signed letter of April 8, 2014 and I do not agree with your one Sentence of Reply.. And I see no relevance of your un-named Order of December 7, 2012!
Now, let me introduce the Definition of Fraud on the Courts for your consideration:
Fraud Upon the Court is where the Judge (who is NOT the "Court") does NOT support or uphold the Judicial Machinery of the Court. The Court is an unbiased, but methodical "creature" which is governed by the Rule of Law... that is, the Rules of Civil Procedure, the Rules of Criminal Procedure and the Rules of Evidence, all which is overseen by Constitutional law. The Court can ONLY be effective, fair and "just" if it is allowed to function as the laws proscribe. The sad fact is that in MOST Courts across the country, from Federal Courts down to local District courts, have judges who are violating their oath of office and are NOT properly following these rules,(as most attorney's do NOT as well, and are usually grossly ignorant of the rules and both judges and attorneys are playing a revised legal game with their own created rules) and THIS is a Fraud upon the Court, immediately removing jurisdiction from that Court, and vitiates (makes ineffective - invalidates) every decision from that point on. Any judge who does such a thing is under mandatory, non-discretionary duty to recuse himself or herself from the case, and this rarely happens unless someone can force them to do so with the evidence of violations of procedure and threat of losing half their pensions for life which is what can take place. In any case, it is illegal, and EVERY case which has had fraud involved can be re- pened AT ANY TIME, because there is no statutes of limitations on fraud. This is a trillion dollar
"justice industry" just waiting to be tapped.
Fraud upon the court engaged in "fraud upon the court". 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." "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. The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."
This letter is not to dispute or repel your Letter of April 8, 2014...But to inform: Your Enclosed Order of December 7, 2012 is not a proper reply and nor will it alter the nature of complaints listed in my Letter of April 8, 2014!
Since you are A Senior Pro Se Staff Attorney of no special standings in the District Court where I filed several suits against Citibank + Defendants (Michael Corbat + Michael O'Neill), and mentioned no Court Orders (Docket Number) in your un-signed April 8, 2014 Letter, I chose not to include you in my Civil Suit of Fraud On the Courts Filing!
Thanks for your time!
PS - This ..certain aspects of Shortcoming in Charles S. Carra's April 8, 2014 Letter for not being A Legal Tender to be included in my Civil Suit of Fraud On The Courts filing
Since: Jul 11
#2 Apr 10, 2014
#3 Apr 10, 2014
My Civil Suit of Fraud Upon the Courts is filed with A Docket No. 14-cv-253-A
Since: Jul 11
#4 Apr 10, 2014
Thomas T. Lee, you are next.
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