The basic standards governing fraud on the court are reasonably straightforward

http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/7ee566f4f7305b2085256e24006a34b6!OpenDocument&Highlight=0,disability*


The basic standards governing fraud on the court are reasonably straightforward. As set forth in Cox v. Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998):

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) . . . . The trial court has the inherent authority, within the exercise of sound judicial discretion, to dismiss an action when a plaintiff has perpetrated a fraud on the court, or where a party refuses to comply with court orders. Kornblum v. Schneider, 609 So. 2d 138, 139 (Fla. 4th DCA 1992).


CASES ON THE ORANGE COUNTY REGISTER OF ACTIONS INVOLVED IN RETALIATING AGAINST WITNESS,VICTIM OR AN INFORMANT BY COMMITTING FRAUD ON THE COURTS, MEDICAID FRAUD

2002-DR-050423-1 SHAW, SHEILA J 03/0912002
VS, COLEMAN, Family
JIMMY L
Income Deduction 0
Closed - Non SRS
2002-DR-006249-0 SHAW, SHEILA J 04124/2002 Paternity
vs. GONZALEZ, Div 38 Closed - SRS
CARLOS A Kest, Sally D M
SHAW, SHEILA 08/29/2005 Paternity DOR
JOCELYN VS. Div42 Re-Closed
GONZALEZ, Evans, Robert M
CARLOS
ALBERTO
SHAW, SHEILA 01/06/2010 Child Support DOR
JOCELYN Div 42 Reopened Other
KARENA vs. Evans, Robert M
WILLIAMS, JARRID
DESHAUN
SHAW, SHEILA 04112/2011 Domestic Violence w
JOCELYN VS. Div 44 Closed - SRS
WILLIAMS, JARRID Jordan, John E
DESHAUN
2005-DR-014270-0
2010-DR-000170-0
2011-0R-006367-0

Failure to respond to an official inquiry with no good cause shown may be a matter of contempt and processed in accordance with rule 3-7.11(f) of these Rules Regulating The Florida Bar.

2003 FL titleXLVI crimes chapter 787

787.03

False complaint

 Fwd: ATTORNEY MISCONDUCT (Fla. Stat. § 775.085 Enhances penalty for crimes evidencing "prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, mental or physical disability, or advanced age of the victim." >> More information) COMPLAINT- PEER REPORTING -Attorney General's Office regarding Rule 84 of the Model Rules of Professional Conduct contains the following statements on attorney misconduct-18 USC Chapter 47 - FRAUD AND FALSE STATEMENTS

Deviation from the essential requirements of the law; the case law, beginning with Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987),12 and Allstate Insurance Co. v. Langston, 655 So. 2d 91 (Fla. 1995),13 clearly demonstrates that the “departure” and “irreparable injury” standards do not provide the district courts with much guidance as to when or why they should step into an ongoing trial court proceeding

Failure to respond to an official inquiry with no good cause shown may be a matter of contempt and processed in accordance with rule 3-7.11(f) of these Rules Regulating The Florida Bar.

(h) willfully refuse, as determined by a court of competent jurisdiction, to timely pay a child support obligation; or

(i) engage in sexual conduct with a client or a representative of a client that exploits or adversely affects the interests of the client or the lawyer-client relationship.

If the sexual conduct commenced after the lawyer-client relationship was formed it shall be presumed that the sexual conduct exploits or adversely affects the interests of the client or the lawyer-client relationship. A lawyer may rebut this presumption by proving by a preponderance of the evidence that the sexual conduct did not exploit or adversely affect the interests of the client or the lawyer-client relationship.

The prohibition and presumption stated in this rule do not apply to a lawyer in the same firm as another lawyer representing the client if the lawyer involved in the sexual conduct does not personally provide legal services to the client and is screened from access to the file concerning the legal representation.

...

Lawyers holding public office assume legal responsibilities going beyond those of other citizens. A lawyer's abuse of public office can suggest an inability to fulfill the professional role of attorney. The same is true of abuse of positions of private trust such as trustee, executor, administrator, guardian, or agent and officer, director, or manager of a corporation or other organization.

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