Tag Archives: Interference With Interstate Commerce

Fraud On The Court, Definitions & Case Law

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1.Who is an “officer of the court”?
2. What is “fraud on the court”?
3. What effect does an act of “fraud upon the court” have upon the court proceeding?
4. What causes the “Disqualification of Judges?”

  1. Who is an “officer of the court”?A judge is an officer of the court, as well as are all attorneys. A state judge is a state judicial officer, paid by the State to act impartially and lawfully. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully. State and federal attorneys fall into the same general category and must meet the same requirements. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).
  1. What is “fraud on the court”?

Whenever any officer of the court commits fraud during a proceeding in the court, he/she is 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.”

  1. What effect does an act of “fraud upon the court” have upon the court proceeding?

“Fraud upon the court” makes void the orders and judgments of that court.
It is also clear and well-settled Illinois law that any attempt to commit “fraud upon the court” vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) (“The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions.”); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) (“The maxim that fraud vitiates every transaction into which it enters …”); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) (“It is axiomatic that fraud vitiates everything.”); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935).

Under Illinois and Federal law, when any officer of the court has committed “fraud upon the court”, the orders and judgment of that court are void, of no legal force or effect.

  1. What causes the “Disqualification of Judges?”

Federal law requires the automatic disqualification of a Federal judge under certain circumstances.

In 1994, the U.S. Supreme Court held that “Disqualification is required if an objective observer would entertain reasonable questions about the judge’s impartiality. If a judge’s attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified.” [Emphasis added]. Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994).

Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) “is directed against the appearance of partiality, whether or not the judge is actually biased.”) (“Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.”).

That Court also stated that Section 455(a) “requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned.” Taylor v. O’Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that “It is important that the litigant not only actually receive justice, but that he believes that he has received justice.”

The Supreme Court has ruled and has reaffirmed the principle that “justice must satisfy the appearance of justice”, Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 13 (1954). A judge receiving a bribe from an interested party over which he is presiding, does not give the appearance of justice.

“Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances.” Taylor v. O’Grady, 888 F.2d 1189 (7th Cir. 1989).

Further, the judge has a legal duty to disqualify himself even if there is no motion asking for his disqualification. The Seventh Circuit Court of Appeals further stated that “We think that this language [455(a)] imposes a duty on the judge to act sua sponte, even if no motion or affidavit is filed.” Balistrieri, at 1202.

Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another example of his “appearance of partiality” which, possibly, further disqualifies the judge. Should another judge not accept the disqualification of the judge, then the second judge has evidenced an “appearance of partiality” and has possibly disqualified himself/herself. None of the orders issued by any judge who has been disqualified by law would appear to be valid. It would appear that they are void as a matter of law, and are of no legal force or effect.

Should a judge not disqualify himself, then the judge is in violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) (“The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause.”).

Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of “interference with interstate commerce”. The judge has acted in the judge’s personal capacity and not in the judge’s judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone’s next-door neighbor (provided that he is not a judge). However some judges may not follow the law.

If you were a non-represented litigant, and should the court not follow the law as to non-represented litigants, then the judge has expressed an “appearance of partiality” and, under the law, it would seem that he/she has disqualified him/herself.

However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states “disqualification is required” and that a judge “must be disqualified” under certain circumstances.

The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce.

Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts.

Forest Bathing for Recovery From Trauma & The Litigation Therapy Racket

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MariaSoundOfMusicIn the opening scene of The Sound of Music, Maria sings “I go to the hills when my heart is lonely,  I know I will hear what I’ve heard before…”  The Sound of Music, Opening Scene  People have long known that being in nature is good medicine.  They didn’t need scientists or researchers to tell them that time spent outdoors, especially among trees, has countless health benefits.

Now science has caught up with this ancient wisdom.

Forest Bathing For Trauma Recovery  “Reconnecting to nature can be a powerful activity as part of trauma recovery and healing centered engagement. Playing in the dirt and walking barefoot heals us in infinite ways. Forests and natural landscapes expose us to healthy bacteria, sunshine, and phytoncides (chemicals released by trees that are known for their ability to improve our immune responses).  Forests decrease stress hormones and rumination and regulate our heart rate and blood pressure.”

Grandville, MAForest Bathing “Forest bathing is based on an ancient Japanese cultural respect and reverence for the natural world and the interactions with the landscape that occur as a result. Shinrin-yoku (lit. “Immersion in the Forest Air”) is an experience that lets people be mindfully present with the surrounding forest. The sights, sounds and smells of the environment support and comfort each person as they literally “bathe” in the forest air.”

And for those of us who are survivors of Therapist Abuse by court shrinks paid for by the highest bidder, we know too well the trauma when these so-called “professionals” – the lawyers, court doctors, court therapists and hired gun evaluators –  trap and re-traumatize us in their lucrative litigation therapy racket.  Forcing a trauma victim to sit in their office re-living traumatic memories while they bill by the hour, scribbling their notes, writing false reports for corrupt Child Reps, Guardian Ad Litems, and guns for hire custody evaluators.  Because you are court-ordered to do it.  How convenient for them.

The survivors of the Rwandan genocide who famously kicked out the Western mental health practitioners further illustrates the damage talk therapy can do to trauma survivors.  “As the Rwandan, paraphrased by Solomon, puts it: “Their practice did not involve being outside in the sun where you begin to feel better. There was no music or drumming to get your blood flowing again. There was no sense that everyone had taken the day off so that the entire community could come together to try to lift you up and bring you back to joy. Instead they would take people one at a time into these dingy little rooms and have them sit around for an hour or so and talk about bad things that had happened to them. We had to ask them to leave.”  Exporting trauma: can the talking cure do more harm than good?

RollingMeadowsCtI’ll never forget the corrupt Child Representative Natalie Koga’s Machiavellian sneer, and her arrogant, fake, sing-songy, patronizing voice:  “Lisa, you just need to try har-der in ther-a-peeee”.  Have you completed your “treeeat-meeent”?  While she lied and abused me in court.  Met secretly with my ex.  Harmed my child. Exploited my family.  Natalie Koga Confronted With Eye-Witness To Her Corruption

Dr. Daniel Fisher, who wrote Natalie Koga’s made to order false reports, repeated his mantra, in his saccharin-sweet, pretending to care “therapist” voice:  “How’s your “therapy” going?”  Probing for anything to pounce on, all the while, working for the other side. Dr. Daniel Fisher’s Misconduct, With Michael Volpe

Twilightzone1959And who could ever forget Dr. Fisher’s disturbing, cringe-worthy performance for a packed courtroom during one of his several days of false testimony!

Bizarrely, finishing his star turn on the witness stand, taking center stage while raising his chest into a stiff military posture,  he faced my ex-husband directly.  Then, with a grand flourish, GAVE HIM A FULL MILITARY SALUTE RIGHT IN THE FRONT OF THE COURTROOM! 

He remained “at attention” for a full two seconds, then suddenly remembering himself, flustered, looking down, eyes darting about.  My ex-husband beamed with delight as Dr. Fisher tottered off  the “stage”.  Natalie Koga rewarded him by giving him even more inappropriate power and control over our lives.

As a treating therapist, it was against the law for Dr. Fisher to take on multiple roles.  But he used this as spring-board, becoming an unofficial parenting coordinator, custody evaluator, and suddenly in charge of all of the parties court ordered “therapy”.  Dr. Fisher already had a prior license sanction for the same misconduct in another case. Fisher_Redacted

Then there’s my ex’s hired gun custody evaluator Dr. Mark Goldstein.  My attorney had already caught Natalie Koga, Child Rep, and opposing counsel Meg Jackson conspiring to have him write a false report about me.  I felt like a lamb led to slaughter, while he crossed professional boundaries, plying me with inappropriate, sick questions.

tumblr_mu9qdnUdpk1rw872io4_500When I objected, he noted that I had an “anger problem”.  But his psychological testing showed the opposite, which of course he omitted from the custody evaluation, like the good little hired gun that he was.  When I showed the natural indignation of any normal, decent person to his disgusting questions, he wrote that I was “emotionally labile“.

And Judge Alfred Levinson’s perpetually red face from sipping out of his mystery container all day long, bellowing:  “Have you completed your therapy?” –  trying to make me look crazy – because the lawyers sitting up front waiting for their cases to be called saw his courtroom was a three ring circus. And the evidence I brought. Then Natalie Koga would lie some more – ignoring my therapy report as an excuse to label me uncooperative, and continue to completely bar any communication whatsoever between my son and I.

You see, just like Nurse Ratched in One Flew Over The Cuckoo’s Nest, they aren’t in it to help people connect with their inner strength or heal from the trauma of abuse.  They aren’t there to cheer you on to re-build your life.

As hired gun crazy-makers, these “therapists” don’t encourage you to speak your own truth with confidence.   An empowered victim is the LAST thing they want.

They don’t advise you to walk on the beach, find the peace of the woods, garden, go barefoot savoring the cool grass between your toes, laugh, make art, go to concerts, further your education – or just take a break from endless talking about it – or anything else that challenges their power and control over their cash cows.

They WANT you continually stressed and traumatized.  They have no interest in your wellness.  They are not encouragers.

That would be counter-productive to the racket.

maxresdefaultThey are the bottom feeders of their professions who need you trapped, or they won’t have a job. 

Their JOB is to Gaslight the victim.  To put them off balance – to mess with their heads.  To re-traumatize them. 

To manufacture a “crazy label” for the victim in their Kids for Cash scam.  Hiding abuse, and keeping it going is big business.  And if they could, they would keep their cash cows trapped in their litigation therapy racket forever. 

After this pack of vicious predators got through with me, I understood how so many have been bullied to death in family court.  I went from being an award-winning professional opera singer singing in Carnegie Hall,  performing comfortably for two to three thousand people, to not even able to speak.  My brain knew what I wanted to say,  but I couldn’t make the words come out of my mouth.

10367137_811465682198562_816864177374600240_nI developed “Broken Heart Syndrome” with such severe chest pain,  I struggled with my teaching job.  I went from the woman doing it all, all the time – raising her child mostly alone, running a teaching studio, singing, and maintaining a large wooded property – to bed-ridden, after these vicious people finished running me through their Kids for Cash machine.

JoDaviessCountryI knew that in order to survive, I had to go back to the country.  I fell asleep listening to the music of crickets singing.  Walked my dog in the rolling, wooded hills with the sun on my face.

I basked in the warm embraces of those who knew me best – the people who I grew up with – my family, friends and community.  This was emergency care to a soul shattered by my ex and his gang’s constant drumming of the vicious lie that I was an outcast, so why not take everything away from me anyway.

I couldn’t hold a job anymore due to the trauma of the legal abuse.  They succeeded in their goal of completely destroying me.  So I worked when I could, sometimes only an hour per day, clearing weeds 6 feet high, started a garden, and slowly resurrected a friend’s old house that had been vacant for 10 years.  I thought by saving my friend’s old family home, I just might save myself in the process.

And I slowly regained my ability to speak.  It took two years.  I set about the arduous task of rebuilding a life that my ex-husband and his gang of ruthless financial predators did everything in their power to destroy.

Plant-in-Sunlight-864x577So, go to the woods.  Let the vast, majestic strength and beauty of a forest place it’s loving arms around you.  And dance out in the sun!  Kick your shoes off.  Plunge your hands into beautiful, dark earth, get it under your fingernails, and plant a garden. Sing around the campfire, enjoy a few beers, roast some hot dogs, and howl at the moon!  

If you live in a city, and have to drive to nature, do it.  Just Do it-You’ll be glad you did!  Even large cities have nature reserves, walking trails, botanical gardens, and parks for their citizen’s tired, frayed nerves!

The great naturalist, John Muir, “father of our national parks” said:

forest-bathing-2-e1556293782134“The mountains are calling and I must go.
The clearest way into the Universe is through a forest wilderness.
Between every two pines is a doorway to a new world.
Keep close to Nature’s heart… and break clear away, once in awhile, and climb a mountain or spend a week in the woods. Wash your spirit clean.”

Dr. Daniel Fisher’s Misconduct, With Michael Volpe

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“When a court ordered professional begins working for one side, as Dr. Fisher clearly was in this case, it is the worst of both worlds. You have a hired gun with the veneer of independence. It is something I have seen and documented repeatedly. Dr. Stanton Samenow, not only in Chris Mackney’s case, would come in as a so-called independent arbiter but end up communicating, and often being paid, exclusively with one side. He would pretend as though his so-called expert opinion was objective while being bought and paid for and that’s what it appears happened in this case as well.

Not only with Dr. Fisher, but Natalie Koga and others in this case. The veneer of independence is one of many reasons why I believe all court ordered professionals should be outlawed immediately. They are not merely a waste of hundreds of thousands of dollars but counter-productive and often actively work to create conflict in cases in order to justify their continued involvement.”–Michael Volpe, Author of Bullied To Death: Chris Mackney’s Kafkaesque Divorce

Dr. Fisher was reprimanded by the State of Illinois for Dual Role Misconduct in a prior case.  “The foregoing acts and/or omissions are violations of the “Ethical Principles of Psychologists and Code of Conduct”  Fisher_Redacted

The APA Ethics Code Standard 3.05 states that “psychologists should refrain from entering into multiple relationships…or otherwise risks exploitation or harm to the person with whom the professional relationship exists.”  But exploitation and harm is the strategy for these court shrinks for hire.

 “It is considered unethical to switch back and forth between an evaluative and psychotherapeutic role,” David Stein, Ph.D., chair of the Forensic Psychology Committee of the California Psychological Association.

Dual Relationships, Multiple Relationships & Boundary Decisions, Kenneth S. Pope, PhD, AB

UPDATE: Child Rep Natalie Koga, Judge Alfred Levinson & lawyer Elliott Heidelberger all abruptly gave up their lucrative lawyer & judge posts in Chicago to avoid investigation. Meg Jackson, opposing counsel who Koga was caught conspiring with, changed her name to “Mary Elizabeth” & moved her law practice to Lake County, Illinois.  Koga found a County Social Worker/Guardian job in Arizona.  Though she’s no longer licensed, Koga still lists herself as an attorney in Chicago.  Meanwhile, Cook County Chicago’s “Sex For Custody” lawyer David Pisulka, who controlled the lucrative secret list of Guardian ad Litems & Child Reps, has finally been arrested and stripped of his law license, after years of the IL ARDC ignoring grievances filed.

tumblr_mu9qdnUdpk1rw872io4_500We survivors of Therapist Abuse by these court shrinks paid for by the highest bidder, know full well the trauma when these so-called “professionals” – the lawyers, court doctors, court therapists and hired gun evaluators –  trap and re-traumatize us in their lucrative litigation therapy racket.

Forcing a trauma victim to sit in their office re-living traumatic memories against their will,  while they bill by the hour, scribbling their notes, writing false reports for corrupt Child Reps, Guardian Ad Litems, and guns for hire custody evaluators.  Because you are court-ordered to do it.  How convenient for them to have such an endless supply of guaranteed paying clients. The truth of the matter is, they need you trapped, or they won’t have a job.

BribesFCDr. Daniel Fisher, who wrote Natalie Koga’s made to order false reports, repeated his mantra, in his saccharin-sweet, pretending to care “therapist” voice:  “How’s your “therapy” going?”  Probing for anything to pounce on, all the while, working for the other side. 

LiesNeverFeelsBadAnd who could ever forget Dr. Fisher’s Academy Award-worthy performance for a packed court-room, while finishing the day’s pack of lies, after exiting the witness stand, he actually stood at attention in the middle of the courtroom, facing my ex-husband, raising his hand in a MILITARY SALUTE. 

He should have bowed and curtsied too!   This, my friends, is one of the many ways the players in the litigation therapy racket show their true colors, and why Cook County Chicago will not allow videotaped transcripts.

As the the hired gun crazy-makers, these therapists don’t encourage you to speak your own truth with confidence or put an accurate name to what the perpetrator did to you.   An empowered victim is the LAST thing they want.

Featured Image -- 4919They don’t want you to walk on the beach, go to the woods, garden, go barefoot savoring the cool grass between your toes, further your education or career, rest, laugh, make art, or just take a healthy break from abusive talk therapy used to spin against you in their reports paid for by the other side –  or anything else that challenges their power and control over their cash cows. 

They are not encouragers.  They’re not there for you to feel better.

quicksand1You see, just like Nurse Ratched in One Flew Over The Cuckoo’s Nest, they aren’t in it to empower people to connect with their own inner strength or heal from the trauma of abuse.

Their  JOB is to Gaslight you.  To minimize, and deny the abuse you suffered.  To blame, and pathologize the victim. To put you off balance.

They are there to manufacture a “crazy label” for the victim in their Kids for Cash scam.  Hiding abuse, and keeping it going is big business.  And if they could, they would keep their cash cows trapped in their litigation therapy racket forever.