“thereby inviting federal prosecution by Eric Holder.”
IANAL but in IMO, you are wrong about this. Since the case never went to trial, it was never admitted as evidence only submitted with the complaint and as such Smith would not be considered guilty of perjury. In any case, this was a civil case and civil perjury is rarely prosecuted.
Another problem is the fact it was obtained illegally (through bribery) and it’s provence and authenticity are therefore in doubt. It would never be admitted in court.
YMMV
“IANAL but in IMO, you are wrong about this. Since the case never went to trial, it was never admitted as evidence only submitted with the complaint and as such Smith would not be considered guilty of perjury. In any case, this was a civil case and civil perjury is rarely prosecuted.”
As a CFE and CPA I can assure you that Smith appeared to commit fraud by placing what the Feds would consider to be a forged BC in a court record with an affidavit signed under penalty of perjury. Smith meeting the legal elements for federal felony fraud has NOTHING to do with whether Orly’s case was civil or criminal or whether the case went to trial.
For years Smith has been inviting federal prosecution for fraud but such a prosecution would be successful ONLY IF his certified BC is forged!
Making a forged BC is counterfeiting fraud. Selling a forged BC would be By trying to sell the BC on E-Bay Smith was potentially committing wire fraud. If the BC had been paid for or sent to the buyer through the mail, it would have been mail fraud on top of that.
See:
http://www.criminaldefenselawyer.com/penalty-for-forgery.cfm?quot%3B=
http://www.criminaldefenselawyer.com/crime-penalties/federal/Fraud.htm