Tagged: monetary sanctions

“Competence is an ethical requirement in every legal representation. As ABA Model Rule 1.1 states, competence entails ‘legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.’ As in other areas of practice, competence must be developed or obtained in the field of discovery.”

Source: Brian D. Martin and David L. Stanton. “How The Ethics Rules Influence The Role of Discovery Counsel.” Corporate Counsel. November 17, 2015. http://www.corpcounsel.com/id=1202742706795/How-the-Ethics-Rules-Influence-the-Role-of-Discovery-Counsel.

my docket still does not show the most recent pleading submitted to the Supreme Court…

Read my September 10, 2015 Application to Stay Extension to Submit Petition for Writ of Certiorari Pending Resolution of July 18, 2015 Motion to Disqualify Loeb & Loeb LLP, or in the Alternative, Application to Exceed Word Limits here:

Exhibits A thru F:

I have a confirmation from USPS that my package was delivered on Monday, September 14, 2015.

For the last two months, Cynthia Rapp and the Clerk of Court have been trying to Kim Davis me. Why would I submit a petition for a writ of certiorari if the Supreme Court cannot even follow its on procedural rules? Without procedural due process, how can I expect the Justices to impartially uphold the law?

“The fraud-upon-the-court doctrine originated in Hazel-Atlas Glass Co. v. Hartford-Empire Co. There, a patent attorney for Hartford wrote an article lauding a Hartford product as an advance in the field and arranged to have the article printed in a trade journal under the name of an ostensibly disinterested expert, and the circuit court relied in part on this Article in granting relief to Hartford. Almost ten years after the final judgment, Hazel-Atlas gained ‘indisputable proof’ that the article was fraudulent and commenced suit seeking to set aside the prior judgment…”

The Supreme Court granted relief to Hazel-Atlas. The Court identified a general rule dating before the establishment of the United States that permits courts to devitalize judgments when justice demands, and explained:

This is not simply a case of a judgment obtained with the aid of a witness who, on the basis of after-discovered evidence, is believed possibly to have been guilty of perjury. Here, even if we consider nothing but Hartford’s sworn admissions, we find a deliberately planned and carefully executed scheme to defraud,not only the Patent Office but the Circuit Court of Appeals. Proof of the scheme, and of its complete success up to date, is conclusive.

Since Hazel-Atlas, the circuit courts have struggled to establish the doctrine’s contours. The classic formulation, which originated with Professor Moore, holds that the doctrine embraces that species of fraud “that does, or at least attempts to, defile the court itself, or that is perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases.” However this doctrine is defined, it is now recognized (although obliquely so) in the Federal Rules of Civil Procedure.

While Hazel-Atlas was a civil case, its decision is no less applicable in the criminal context. As the Seventh Circuit has unequivocally explained:

The fact that this case involves a fraud perpetrated upon the court during the criminal sentencing process rather than during a civil proceeding, such as in Hazel-Atlas, does not change the result. It is the power of the court to correct the judgment gained through fraud which is determinative and not the nature of the proceeding in which the fraud was committed.

Source: Joseph J. Anclien. Broader Is Better: The Inherent Powers of Federal Courts. 64 NYU Annual Survey of American Law 37, 77-79. 2008.

“Any attorney…admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.”

Source: 28 U.S.C. § 1927.

if the Second Circuit denied my initial appeal with a 2-sentence Order, i’m sure — despite my request to provide an ethical judicial opinion — they’ll try their best to deny this Motion for Reconsideration with one…

IMG_1042[1]

“May an [officer of the court’s] personal moral code in any way contradict the profession’s code of ethics? May an [officer of the court’s] political and/or religious beliefs and/or agenda be contrary to existing law?”

If one’s culture believes that biologically, God made them superior over all others, is it truly possible for that culture to live by the expression that “all men are created equal”? Or is that just a bunch a bullshit to make us believe that one day, that will be the actual reality in which we live and treat our fellow [wo]man?

Source: Carla D. Pratt. Should Klansmen be Lawyers? Racism As An Ethical Barrier to the Legal Profession. 30 Fl. State Law Review 857, 863. 2003.

“Essentially, all of our complaints filed against the highly unethical attorneys and federal judges have fallen upon death ears. Republican appointed ‘Chief Judge’ Loretta A. Preska has also refused to intervene in both cases against William Morris, so there’s a strong likelihood that despite the facts pled in this [March 17, 2014 Fraud Upon the Court Motion], Castel would continue to blatantly disregard the law, refuse to disqualify himself and issue an Order favorable to William Morris and Loeb & Loeb LLP since racism and corruption throughout America’s judicial system is ‘vertically integrated.’”

And that is exactly what P. Kevin Castel did when he issued his September 5, 2014 Final Order, which confirmed the fraudulently procured “Final Award” of Schnader LLP attorney and board of director for the American Arbitration Association, Timothy K. Lewis. Castel did not even compel William Morris and Loeb & Loeb LLP to respond to my March 17, 2014 Motion [Republican appointed federal judge Robert P. Paterson did the same thing when Leonard Rowe submitted his March 2012 Fraud Upon the Court Motion alleging that his former attorneys from Sonnenschein Nath & Rosenthal LLP (now known as Dentons LLP) conspired with counsel from William Morris (e.g. Michael P. Zweig and Helen Gavaris of Loeb & Loeb LLP) and Creative Artists Agency to conceal smoking gun evidence (e.g. “Exhibit 31”)]. He then issued an Order refusing to disqualify himself, but made absolutely no mention that arbitrator David L. Gregory issued an Award determining liability (and indicating what damages I would receive  or more importantly, that I sought the imposition of extreme disciplinary and monetary sanctions against Michael P. Zweig, Christian Carbone and Loeb & Loeb LLP — including default judgement and more than $250 million —  due to their “pattern” of engaging in “fraud upon the Court” on William Morris’ behalf, intentional violations of numerous rules under the New York Rules of Professional Conduct, as well as violation of New York Law section 487 and other laws.

Since Castel refused to address this issue, I filed a Motion for Reconsideration on April 11, 2014. This was a condensed version of my March 17, 2014 Motion. Once again, William Moris and Loeb & Loeb LLP submitted no oppositional Motion. I later asked for an oral hearing by letter and Castel denied it as being “moot,” but it is clear that based on the procedural and substantive complexity of the issues presented and the numerous factual errors and omissions contained in Castel’s Final Order, we should have discussed the various issues that were raised in these two Motions (e.g. disqualification of federal judges, “fraud upon the Court,” partially confirming Arbitrator Gregory’s Partial Final Award, the finality of Arbitrator Gregory’s Partial Final Award, the illegality of Arbitrator Gregory’s disqualification, etc.) “under oath” or before an impartial jury — especially since P. Kevin Castel took the drastic measure of imposing a filing injunction against me and prejudicing my appeal by saying it would not be made in “good faith.”  When Castel issued his Final Order, he once again made no mention of the pyramid of evidence I presented which proves beyond a reasonable doubt that I have been defrauded and deprived of my constitutional and statutory rights under the color of law due to the “highly unethical and criminal” actions of William Morris, Loeb & Loeb LLP, Michael P. Zweig, Christian Carbone, Timothy K. Lewis and many others, including P. Kevin Castel himself [majority who just so happen to be white and/or “Jewish” males]. Castel has always acted as an attorney for the Defendants and their counsel by issuing one-side opinions that distort the facts and flout the law. As a result of the fraud engaged in by the Defendants, Loeb & Loeb LLP, the American Arbitration Association and Timothy K. Lewis, this gave the racist and corrupt, Republican appointed federal judge the pretext that would allow for William Morris to obtain a favorable verdict without a jury trial and make it appear like I engaged in extreme “bad faith” throughout the entire case in order to justify imposing a filing injunction against me that would  prevent me from pursuing claims of fraud, obstruction of justice, conspiracy to interfere with human rights of African Americans, etc. in a separate case.

In the same way that that the term “fraud upon the Court” cannot be found in Castel’s Final Order, Castel has never once discussed the Civil Rights Act of 1964 and New York City Human Rights Law or demonstrated that he has an understanding of the statute’s public policy goals. He has never discussed the unrefuted historical, statistical, circumstantial, anecdotal and other forms of evidence that I have presented spanning 116 years which proves intentional violations of federal, state and local law prohibiting discrimination in employment on the basis of race, color and national origin, which occurred before, during and after my employment or mentioned that there were zero African American Agents, Coordinators or Agent Trainees employed at the company’s New York City office when I began in September 2008, that my claims also included disparate impact or that I sought permanent injunctive and affirmative relief. From the beginning, Castel tried to make it seem like this was an isolated case of individual disparate treatment and that this evidence was irrelevant. This was an argument that was later used by Loeb & Loeb LLP in arbitration, while calling my racist and “anti-Semitic.” In the same way that Castel narrowed the claims that I raised in my 80 page Complaint and Oppositional Motion to Arbitrate, he narrowed every single argument that I made in my March 17, 2014 Fraud Upon the Court Motion and misapplied the law. Based on Castel’s actions in this case, it is now clear that all of his decisions were predetermed. Castel has violated the Constitution, numerous Canons under the Judicial Code of Conduct and his Oath of Office in order to ensure that the merits of my case were not decided by an impartial jury, Castel’s unlawful actions have wasted nearly four years of my life and he must be held accountable for his actions because “no man is above the law.” He has intentionally deprived me of my constitutional and statutory rights under the color of law, and is engaging in a larger conspiracy to interfere with the human rights of people of African descent, or in the alternative, conspiring to maintain global white/”Jewish” supremacy (racism).

Source: Plaintiff’s March 17, 2014 Fraud Upon the Court Motion, 81; Pl. Fraud Upon the Court Petition, 15.

so after waiting 19 days for the Respondents’ reply to my appeal, they submit a two page “letter” stating that i cannot appeal and that it should’ve been dismissed entirely. that’s the best you could come up with after 19 days? lmao! just submitted my reply. so over these racist a…