TEN ALLEGED FRAUDS UPON THE COURT IN FLORIDA|THE SUPREME

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This article is, by no means, intended to disparage the image of our American judicial system in any shapes or forms. We believe that America has the best judicial system around the world because coming from a foreign Country, we are more qualified to make that call and we were trained at an early age to acknowledge the judicial advancement of America, and, that was a major part that attracted us plaintiffs, husband and wife, to the U.S. So what you are about to read here, to the contrary, will prove that America has a balanced system based on our democratic Government that is second to none. It is a solemn call to return to the original quality of justice our forefathers held when they drafted the Constitution, and a call for justice and the appearance of justice for all, as prescribed by the United States Supreme Court, the United States Department of Justice, The United States Congress and the Historical and Honorable President of the United States, Barack Obama whose citations are an integral part of this Federal Case. As you may be able to see here, our system purifies itself upon findings of irregularities and inconsistencies.

This is an unprecedented Federal case # 3:06cv95 that has been going on for the past five years and the material facts are dated as far back as seven years. This is a major land use case, entailing Real Property, property rights, fundamental and civil rights and whole livelihood lost causing severe injuries in damages and collateral damages (Bankruptcies and foreclosures) to Pro Se plaintiffs while the President of the United States is pushing for jobs creation. This case and its handling appear to defeat what the illustrious President is trying to promote in America. That is why THE SUPREME must review this case.

I am your host, Sony Roy and I am a Pro Se plaintiff.

The suffering we went through in this case at the hand of the Walton County for nearly seven years despite all attempts to obtain relief and bring this matter to finality is enough to choke someone to death. For instance, upon receipt of the court order dated March 31 2009 that closed the case, I, Sony Roy, plaintiff in this case, fainted and nearly died being a high blood pressure sufferer as properly recorded in this case.

This case has been metamorphosed beyond recognition to another style unrecognized by plaintiffs. In plaintiffs' view, the judicial system has lost its austerity in Florida and plaintiffs have not seen and cannot see the appearance of justice neither justice itself as required by the United States Supreme Court and the Constitution for nearly seven years. The judicial system has been vitiated in Federal court through misleading and irregularities in the proceedings against African American plaintiffs, husband and wife for more than thirty years which forced the whole family to split after being impoverished and loosing their homestead in the State of Georgia by the unjust actions of the Walton County in Florida. Pro Se plaintiffs lost their property appraised at $11.3 MM and that was so appealing in its castle-style that the Donald Trump financing division wanted to finance the whole project except that the three consecutive Stop Work Orders (SWO) placed illegally within a twelve-month period and for the same reasons by the Walton County, nullified the property to extinction thus, causing a rippling of collateral damages for plaintiffs. This happened while plaintiffs were in talks with Morgan Stanley Dean Witter in the State of Georgia for a possible IPO upon completion of the project and the two years required for approval by the SEC.

Just before we begin, we wish to present this simple statistical analysis of FRAUDS UPON THE COURT being a highly popular issue, resulting from an SEO code search as listed, published or alleged in the United States and abroad: as you can check for yourself here by clicking:  GOOGLE  There are 6,600,000,000.00 (six billion six hundred millions sites) on Google alone, that address the subject of FRAUDS UPON THE COURT.  In the public view as it would be in the Supreme Court's view, it is momentous and highly popular. Indeed, according to the number of sites on that subject, more than the world's population seems to be interested or impacted by this subject. There is nothing new in what plaintiffs have found here. Indeed, these stats prove that the U.S. Supreme Court needs to visit and cleanse the system. And, in our democratic system of Government, this is the way to alert of impending danger that could cause great harms if left unchecked and African American plaintiffs found and alleged ten FRAUDS UPON THE COURT that are germane to the United States.

Plaintiffs begin with one of the integral quotes cited repeatedly during these proceedings from the current President of the United States: . “. . . [t]he empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old. And that's the criteria by which I'm going to be selecting my judges. . ." As David Beito and I discussed in this article “African-Americans, the poor, and the politically weak tend to be the biggest victims of government violations of property rights. Since World War II, hundreds of thousands of people - most of them poor minorities - have been forcibly displaced by "blight" and "economic development" condemnations. The United States President, the Honorable Barack Obama. This article was released by the CATO Institute.  Unfortunately, plaintiffs report back to the President of the United States that, apparently, the court in Florida doesn't think the same way due to their actions.

On or about September 21, 2011, the African American plaintiffs filed their alleged TEN FRAUDS UPON THE COURT in Florida for what plaintiffs viewed as a Judicial System vitiated by inconsistencies and irregularities that are crippling the system and hindering it from finding justice as exhibited below after nearly seven years of exemplary patience by plaintiffs. Pro Se plaintiffs in desperate need of relief, respectfully request that the Scholars and Justices of the UNITED STATES SUPREME COURT enforce the POWERS of the high court to halt the excruciating and torturous pain, hardship, damage and demise of an African American family facing the absence of justice and its appearance while standing with the undaunted courage of factual truths and unwavering evidence. Plaintiffs were damaged and injured as recognized by the lower court in Florida and the lower court in bankruptcy proceedings and about five foreclosures in court, Plaintiffs' claim of injustice was acknowledged by the Walton County before plaintiffs went to court, plaintiffs demise and injuries traced to the Walton County's violation was expertly recognized by the Appellate court that came short of reversing the lower court's ruling.

This case is even more interesting, for the lower court applied the test of Constitutional Standing and the case passed that test, yet the lower court apparently and for some unknown reasons which plaintiffs categorized as FRAUD UPON THE COURT, refused to obey the rules of the SUPREME COURT as laid down for the public in plaintiffs' view and despite plaintiffs' injuries, the lower court, on September 27, 2011 called the case frivolous as understood in an apparent retaliatory manner. So plaintiffs are stuck in a legal maze and technical complexity while missing their jobs, livelihood, property, property rights along with their fundamental rights with much mental anguish compounding their injuries. The intervention of the Supreme Court of the United States is much needed immediately here in Plaintiffs' view.

LEGAL EDUCATION: What is FRAUD UPON THE COURT?  This question can be best answered by the United States Supreme Court not by untrained minds regardless of competence or legal knowledge. In Bullock 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 as understood by Pro Se plaintiffs, 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." Plaintiffs further understand that FRAUD UPON THE COURT is "when an 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). More over, 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 cannot 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). Who is an officer of the Court? Lawyers are officers of the court as understood by plaintiffs. Federal judges are Judicial Officers of the Court. There are intrinsic and extrinsic frauds that can be committed by parties and their attorneys as understood by plaintiffs, but, Fraud upon the court can be committed only by lawyers or/and judges respectively officers and judicial officers of the court, not by civilians even in the case of one acting under the power of attorney, as further understood by plaintiffs.

Now, we present the alleged FRAUD UPON THE COURT #5 in Florida:

ALLEGED FRAUD #1) UNAUTHORIZED APPEARANCE OF WITHDRAWN and TERMINATED ATTORNEY (POST SUMMARY JUDGEMENT)

Argument #1) How can any lawyer appear on behalf of a plaintiff that has not retained his or her service for a particular case? Furthermore, the attorney appeared on behalf of plaintiffs signing to accept defeat and to agree that Plaintiffs must pay attorney costs unbeknownst to plaintiffs.

Argument #2) The Federal Court accepted that as the truth and used it in their judgements and orders in 2011. Upon plaintiffs knowledge of that fraud, on May 5, 2011, plaintiffs confronted the attorney and informed him squarely that he was terminated since April 2009 not in 2011 and that he was acting without a contract. In other words, the attorney after withdrawing in writing since April 2009, acted as if he were still the counsel before the court and ended up vitiating the system in plaintiffs pr se views. Plaintiffs believe that the attorney knew better but, seemed to have been also under the same UNFORTUNATE CONFUSION as he was jolted by the consequences of what he had done and upon plaintiffs vigorous request. Furthermore, An Expedient Remedy does not equate prevention. The court wasted no time in responding on May 6, 2011 after being misguided since January 2011 when the motions representing the plaintiffs began, subsequent to the Appellate process. The Court granted the withdrawal of that attorney on May 6, 2011 who had already done much to vitiate the system.

Argument #3) How could Plaintiffs appear Pro Se before the Appellate Court while plaintiffs had a contracted attorney?

Argument #4) Accepting to pay the very people that injured anyone is a sign that the clock is being turned back and that justice is not found nor is it apparent in plaintiffs' view or a sign of servitude. And, the system was vitiated and caused the consequences to be reversed, with the injured called the offenders and the offenders called the good guys.

Argument #5) The lower court called it a matter of win or loose, on September 27, 2011. However, how can someone loose his fundamental rights, his property rights, his vested rights in proceedings that are flawed with inconsistencies, irregularities and illegalities?

Argument #6) You may ask, why would someone's attorney work against him or her? Plaintiffs must yield to the wisdom of the legal Scholars at the Supreme Court for guidance and finality. However, follow this sequencial case carefully and discover for yourself.

Conclusion: This is egregious and in defiance to the Supreme Court's ruling requiring an Attorney/Client agreement for representation. Plaintiffs view this as a two-edged sword that cut their hearts open for further bleeding and pain and cut open also the legal curtain that exposes what was going on behind the veil. Plainly stated, this does not carry the appearance of justice nor justice to Pro Se plaintiffs, to say the least, as ruled by the Supreme Court of the United States. This is outrageous against African American plaintiffs or anybody regardless of their race for that matter, who is injured and lost anything. Plaintiffs are reiterating the words of Patrick Henry, "Give me liberty or give me death." This does not look like the America plaintiffs were trained to embrace as their homeland. Plaintiffs hold the proof and the facts on file as given to the lower court. This continues to hurt plaintiffs to the core including the wife and mother of four involved in this case who was going through her menopause. Proofs of tort available upon request by the Supreme Court, the United States Congress, The Department of Justice (DOJ), the United States Honorable President Barack Obama.

POSSIBLE EXTORTION BY A MINOR GOVERNMENT negated to extinction by the Lower Court (NEW EVIDENCE PRE-SUMMARY JUDGEMENT)

Another reason for requesting Rule 60 to reopen this case is the fact that new evidences are being dug up. Here is another one: plaintiffs were forced to pay in one lump, the sum of $55,000.00 to the Walton County who promised to grant plaintiffs the liberty for recreations on their property. Which liberty was never granted since the County maintained a Stop Work Order in front of plaintiffs property indefinitely and repeated the same stop work order twice after the first one to indicate their unwillingness to allow Plaintiffs to use their land. Proofs of tort available upon request by the Supreme Court, the United States Congress, The Department of Justice (DOJ), the United States Honorable President Barack Obama.

This appears to be inoffensive and innocent. Right? except that it is an alleged crime.

Injury #1) We had to borrow $55,000.00 to face that obligation since all the sales and contract we were anticipating were cancelled due to the Walton County's actions. To understand this, is to picture the Motor Vehicle department requesting $100.00 to give you a driver's license and you pay the $100.00 and the DMV refuses to give you the license to operate and the DMV refuses to give you you money back. This would be considered extortion which is a crime. We, the plaintiffs, we allege extortion here and for good cause. It is an alleged crime that infiltrates and vitiates everything in this case for that extortion was forcing something strange in the judicial machinery meaning, the extortion caused us harmful hardship.

Injury #2) That unauthorized and explosive misrepresentation was prejudicial against plaintiffs who lost control of their case and as though incapacitated, they had other people make decisions for them

Injury #2) The unauthorized attorney intentionally or unintentionally entered a motion on behalf of plaintiffs, agreeing that plaintiffs had lost their property with no recourse, and imperceptibly unbeknownst to plaintiffs.

Injury #3) The unauthorized attorney agreed for plaintiffs to pay attorney costs after being impoverished by the direct actions of the minor Government in the State of Florida, namely, the Walton County unbeknownst to plaintiffs.

Injury #4) The system is now vitiated for, the explosive appearance of the withdrawn and terminated lawyer since April 2009, was accepted and acted upon by the court in January 2011 subsequent to a Pro Se Appeal, and after both, the Appeal and the lower courts knew that plaintiffs continued Pro Se. Plaintiffs view this as prejudicial and an act that vitiates everything.

Injury #5) This has caused severe mental anguish to plaintiffs as their ex-legal confident, who had refused to sign an integrity questionnaire at the start of the case, is now betraying the trust and the confidence of plaintiffs after his willful withdrawal since April 2009. That mental anguish was a vexation to plaintiff Sony Roy who had engaged in an explosive conversation with the attorney while demanding a just account of the fact.

in the compendium put together by the National Economic Council, Council of Economic Advisers, and Office of Science and Technology Policy it states that "We can create the jobs and industries of the future by doing what America does best – investing in the creativity and imagination of our people. To win the future, we must out-innovate, out-educate, and out-build the rest of the world. This case apparently, is working in the opposite direction unless redirected by the firm hands of the Supreme Court the Legislative and the Executive, if needed, as time is running out and the lower court continues to operate as though nothing happens.

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TEN ALLEGED FRAUDS UPON THE COURT IN FLORIDA|THE SUPREME

Thursday, October 13, 2011

ALLEGED TEN FRAUDS UPON THE COURT|THE SUPREME