Thursday, 7 November 2019

...a fair trial is one in which evidence subject to adversarial testing is presented to an impartial tribunal for resolution of issues defined in advance of the proceeding... Fraud on the court to initiate proceeding by false reporting a missing child. White Collar Crime- Aggravated White Collar Crime ...(c)Victimizes the State of Florida, any state agency, any of the state’s political subdivisions, or any agency of the state’s political subdivisions,and thereby obtains or attempts to obtain $50,000 or more, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.)(aggravated white collar crime” means engaging in at least two white collar crimes that have the same or similar intents, results, accomplices, victims, or methods of commission, or that are otherwise interrelated by distinguishing characteristics and are not isolated incidents, provided that at least one of such crimes occurred after the effective date of this act.) What is Fraud on the Court? Fraud on the Court, or Fraud upon the Court, is where a material misrepresentation has been made to the court, or by the court itself. The main requirement is that the impartiality of the court has been so disrupted that it can’t perform its tasks without bias or prejudice. Some examples of fraud on the court include: Fraud in the service of court summons (such as withholding a court summons from a party) Corruption or influence of a court member or official Judicial fraud Intentionally failing to inform the parties of necessary appointments or requirements, in efforts to obstruct the judicial process “Unconscionable” schemes to deceive or make misrepresentations through the court system It’s important to note that fraud on the court only involves court officials or officers of the court, such as judges or court-appointed attorneys. The fraud must be directed at the “judicial machinery” itself. Fraud on the court generally does NOT mean: Fraud between the two opposing parties Submission of fraudulent documents Perjury or false statements by witnessesFor the official who acted in fraud upon the court, they may very well be required to step down from their position and may even be subjected to criminal consequences like a fine or a jail sentence. It could also result in other serious consequences, such as an attorney being disbarred, or a judge being removed from service.If a court official is found to be biased or prejudiced even before fraud occurs, they are required to excuse themselves from the case, and a different official must be appointed. In some jurisidictions, a trial tainted by fraud on the court will be vacated or set aside for a certain time period (such as two years), to be “reopened” at a later date.

http://caught.net/caught/ineffec.htm  "Failed to challenge..." http://www.leg.state.fl.us/Statutes/index.cfm?App_mode...