Posted on 06/25/2005 11:17:03 PM PDT by Concerned
NEED HELP---
Any there any FReeper lawyers or judges out there who KNOW how to FORCE a judge to REQUIRE fraudsters to follow the rules---and his ORDERS---when they have been caught REPEATEDLY committing bald-faced PERJURY on KEY issues, KNOWINGLY SUBORNING PERJURY, OBSTRUCTING JUSTICE and CONTEMPTING the COURT by DISOBEYING ORDERS---THREE TIMES?
Although we have "won" a now severed and final judgment for civil fraud and civil conspiracy to commit fraud against the corporation and partnership involved, we have had THREE Sanctions/Contempt Hearings, and the BEST we have been able to get out of the judge is that he will decide on the AMOUNT of sanction compensation at the END of the trial!
What happens if you don't even GET to the END because the perps offered NOTHING during the mediation and they even walked out without even telling the mediator they were leaving, but before doing so, the perps' lawyer promised to, in effect, bankrupt you if you don't let them off scot free (so they can violate more people)?
The judge ABSOLUTELY REFUSES to make the ONLY decision he can rightfully make---according to the State Statutes and Case Law---on the rest of the parties---all Directors of the corporation---because one of them is a lawyer and, contrary to what I had always heard was supposed to be the case---that lawyers are supposed to be held to a HIGHER standard than the general public---the PERJURIOUS/OBSTRUCTING/ORDER-DISOBEYING perpetrator/lawyer/Defendant is being held to NO standard whatsoever, apparently because of the lawyer "brotherhood."
It literally makes me want to THROW UP at the "protection" the judge is giving the entire Defendants' side even though his "brother" in the law (and the others) have PROVABLY, REPEATEDLY committed PERJURY in SWORN statments (deposition/affidavits), OBSTRUCTED JUSTICE and SUBORNED PERJURY.
ANY help would be GREATLY appreciated!
Although we have clearly lost the most (mostly because of the perps' REPEATED shenanigans during the 3-1/2 year old case), there are HUNDREDS and HUNDREDS of others who were swindled in the fraud, and who we might be able to help pave the way for if we could get the judge to find his male parts and RULE ACCORDING TO THE LAW and then be able to collect, to set the precedent.
Feel free to FReep mail me. I am VERY interested in hearing any legitimate suggestions. We got our summary judgment over a YEAR ago against the entities and the perps have pulled EVERY unlawful/unethical trick in the book to EVADE liability, including fabricating chronologically-impossible documents!
File an APPEAL
Get a new lawyer.
Your post really doesn't make a lot of sense. If you want some good substantive replies, you'll need to write a better article--something with actual details and without all the hysteria.
Use less caps.
It's hard to take you seriously when you are SCREAMING at me.
One of the Directors claimed that the corporation NEVER received the Motion for Summary Judgment (MSJ) because neither the corporation nor the partnership had EVER used one of the addresses we sent it to and that the President/Director was "confused" about the need to respond to our Second Request for Admissions because of his bankruptcy and the fact that the corporation lost its charter for failure to pay franchise taxes and supposedly wasn't operating.
We PROVED the corporation DID receive it---the President/Director SIGNED the Return Receipt for it---then CHOSE to do NOTHING! And we found out that the lawyer/Director PAID for the corporation to file bankruptcy---using the VERY SAME ADDRESS they claimed the corporation NEVER used!!!
We PROVED that his bankruptcy status had ZERO effect on "confusing" him because neither he nor the defunct corporation were even IN bankruptcy at the time. His 2001 BR had been THROWN OUT for "Unreasonable Delay" for never filing anything except the initial B1 form and his 2004 ($6,600/mo to $30,000/mo) bankruptcy had not even started yet. BTW, we later found in his SWORN brankruptcy filings last August that he had made $300,000 in 2001 before claiming he was bankrupt on 12/28/2001.
They also SWORE they were NEVER on the radio promoting anything as we claimed. But, oops! I had TAPED THE BROADCAST---with THEIR VOICES ON IT!!! Every time they know I have the legal equivalent of "Monica's Blue Dress," THEY CHANGE THEIR STORY!!!
My version of the FACTS, on the other hand, has NOT changed even once during the entire 3-1/2 YEARS and they have not been able to prove ANYTHING that I have said is a lie---because it ISN'T!!!
ctd -- maybe you can offer some advice...
If the judge would just RULE---according to state statutes and case law (i.e. appeals) which support our claim 100%---we could END that portion of the case and go on to the appeal stage. Or, the perps' could make a REASONABLE offer to make me whole for their entire shenanigans, but I'm not holding my breath!
It may take the authorities coming after them for CRIMINAL penalties against them to have them see the light. It's amazing what a little prison time could do for them! I would love to help them have free room and board and bright designer orange jump suits for 10 to 20 years!!! At least they wouldn't be able to do it to anybody else for a while.
I have had two judges tell me that "Everybody lies in court!" I haven't!!!!! And that's what makes me mad! When I grew up, my parents told my siblings and me that even if we did something wrong, if we told the TRUTH about what happened, we WOULDN'T get punished. But if we LIED about it, we WOULD get punished. That was a pretty easy choice...we all learned to tell the TRUTH! And we expect others to tell the TRUTH!
If judges would find their male parts and regularly throw perjurers in JAIL for perjury (especially when we can so easily PROVE it from comparing two or more SWORN statements), they would probably see a BIG drop in perjury. But when there is virtually ZERO chance you will actually face jail time for perjury, why do perjurers have to worry?
JUDGES NEED TO ENFORCE THE PERJURY PENALTIES and the OTHER "RULES" OF THE COURT!!!!!
Perjury is a hard to prove in most cases. In most cases the lawyer presents the facts of the case and the Judge or Jury decides who is more believable
If you can't prove it with SWORN statments and/or SWORN filings about material issues, which TOTALLY contradict each other, what does it take???? It isn't my word against their word; it's THEIR word against their word!!! As the saying goes, "Were they lying then or are they lying now?"
You may just have to fire your attorney and do it yourself. Benefits are that you can speak to the judge in ways that an attorney could not. In a nice way, you can tell the judge to 'enforce the @*$&%%*(ing law'.
If the judge would just RULE---according to state statutes and case law (i.e. appeals) which support our claim 100%---we could END that portion of the case and go on to the appeal stage.
this part is easy. Tell your attorney to file a petition for a writ of mandamus against the judge with the appellate court to have them order the trial court to enter a decision. If he won't, fire him and sue his ass for legal malpractice.
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