JUDGES ACROSS THE UNITED STATES are being arrested on corruption charges - Published on May 4, 2017 https://www.linkedin.com/pulse/judges-across-united-states-being-arrested-corruption-ellen-oxman Fraud on the Court, or Fraud upon the Court, is where a material misrepresentation has been made to the court, or by the court itself. The main requirement is that the impartiality of the court has been so disrupted that it can’t perform its tasks without bias or prejudice. Some examples of fraud on the court include: Fraud in the service of court summons (such as withholding a court summons from a party) Corruption or influence of a court member or official Judicial fraud Intentionally failing to inform the parties of necessary appointments or requirements, in efforts to obstruct the judicial process “Unconscionable” schemes to deceive or make misrepresentations through the court system It’s important to note that fraud on the court only involves court officials or officers of the court, such as judges or court-appointed attorneys. The fraud must be directed at the “judicial machinery” itself. Fraud on the court generally does NOT mean: Fraud between the two opposing parties Submission of fraudulent documents Perjury or false statements by witnesses What Happens to the Trial If Fraud on the Court Occurs? Fraud on the court is one of the most serious violations that can occur in a court of law. If fraud on the court occurs, the effect is that the entire case is voided or cancelled. Any ruling or judgment that the court has issued will be void. The case will usually need to be retried with different court officials, often in an entirely different venue. For the official who acted in fraud upon the court, they may very well be required to step down from their position and may even be subjected to criminal consequences like a fine or a jail sentence. It could also result in other serious consequences, such as an attorney being disbarred, or a judge being removed from service. If a court official is found to be biased or prejudiced even before fraud occurs, they are required to excuse themselves from the case, and a different official must be appointed. In some jurisidictions, a trial tainted by fraud on the court will be vacated or set aside for a certain time period (such as two years), to be “reopened” at a later date. How Can a Lawyer Help with Issues With Fraud on the Court? Fraud on the court can be devastating, especially for a party that may be waiting to receive relief from the court. If you suspect that your legal claim may involve fraud on the court, it may be necessary to consult with an attorney. It may even be necessary to contact a new attorney, especially if your current lawyer was involved in the fraud. Laws governing fraud on the court may vary slightly by region. Mark Arthur Ciavarella, Jr. (born March 3, 1950) is a convicted felon and former President Judge of the Luzerne CountyCourt of Common Pleas in Wilkes-Barre, Pennsylvania who was involved, along with fellow judge Michael Conahan, in the "Kids for cash" scandal in 2008.[4] In August 2011, Ciavarella was sentenced to 28 years in federal prison for his involvement in the Kids for Cash scandal. Maranda Lynn ODonnell, a 22-year-old single mother in Harris County, Tex., was arrested last year for driving without a valid license. The judge set her bail at $2,500. She couldn’t afford anything close to that, so she spent three days in jail — even though she posed no risk of skipping town or endangering anyone if she were released. “In our society,” the Supreme Court has held, “liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” Yet across America, poor people like Ms. ODonnell are held in jail for days, weeks or even months solely because they don’t have the cash to bail themselves out. All of them are presumed innocent under the law, and many may in fact be innocent, yet most plead guilty just to get out (usually with a sentence of time served). It’s a repulsive practice, and last week, in a case that could have national implications for bail reform, a Federal District Court judge in Houston ruled that it was also unconstitutional. (It's not just poor people - it's anyone who is not "connected") - that a Federal District Court judge "permitted" a trial is highly unusual, so something else is going on in this case. Mark Ciavarella Mark Arthur Ciavarella, Jr. (born March 3, 1950) is a convicted felon and former President Judge of the Luzerne CountyCourt of Common Pleas in Wilkes-Barre, Pennsylvania who was involved, along with fellow judge Michael Conahan, in the "Kids for cash" scandal in 2008.[4] In August 2011, Ciavarella was sentenced to 28 years in federal prison for his involvement in the Kids for Cash scandal.[5] From Wikipedia, the free encyclopedia Mark CiavarellaBornMark Arthur Ciavarella, Jr.[1] March 3, 1950 (age 67) Wilkes-Barre, PennsylvaniaAlma materKing's College Duquesne Law School OccupationFormer President Judge Years active1996-2009Known forKids for cash scandal SuccessorChester B. Muroski [3]Criminal chargeRacketeering, fraud, money laundering, extortion, bribery, and federal tax violationsCriminal penalty28 years in prisonCriminal statusFederal inmate #15008-067 Federal Correctional Institution, AshlandSpouse(s)Cindy Baer (div. 2013)Mark Arthur Ciavarella, Jr. (born March 3, 1950) is a convicted felon and former President Judge of the Luzerne CountyCourt of Common Pleas in Wilkes-Barre, Pennsylvania who was involved, along with fellow judge Michael Conahan, in the "Kids for cash" scandal in 2008.[4] In August 2011, Ciavarella was sentenced to 28 years in federal prison for his involvement in the Kids for Cash scandal.[5] nBiography Ciavarella is a lifelong resident of Wilkes-Barre, Pennsylvania, having been raised in the East End section of the city and attending St. Mary's High School. After graduating from the local King's College he attended Duquesne University School of Law, receiving his law degree in 1975. Ciavarella entered private legal practice, becoming a partner in the firm of Lowery, Ciavarella and Rogers. From 1976 to 1978 he was city solicitor and then from 1978 until 1995 he served as solicitor for the city zoning board. In 1995 he ran for judge in Luzerne County on the Democratic ticket and was elected to a ten-year term. He was re-elected to a second ten-year term in 2005. Ciavarella was also active in several civic and Catholic organizations. He was married to the former Cindy Baer and the couple have three children.[1] They separated on September 15, 2010, and on May 2013 she filed for divorce.[6] "Kids-for-cash" scandal Main article: Kids for cash scandal Ciavarella pleaded guilty on February 13, 2009, pursuant to a plea agreement, to federal charges of honest services fraud, wire fraud and tax evasion in connection with receiving $2.6 million in kickbacks from Robert Powell and Robert Mericle, the co-owner and builder respectively, of two private, for-profit juvenile facilities. In exchange for these kickbacks, Ciavarella sentenced children to extended stays in juvenile detention for offenses as minimal as mocking a principal on Myspace, trespassing in a vacant building, and shoplifting DVDs from Wal-mart.[7] More specifically, the crimes charged were: conspiracy to deprive the public of the "intangible right of honest services", or corruption, and conspiracy to defraud the United States by failing to report income to the Internal Revenue Service.[8] Ciavarella tendered his resignation to Governor Ed Rendell on January 23, 2009, prior to official publication of the charges.[2] The plea agreement[9] called for Ciavarella to serve up to seven years in prison, pay fines and restitution, and accept responsibility for the crimes.[10] However, Ciavarella denied that there was a connection between the juvenile sentences he rendered and the kickbacks he received.[11][12] In part because of this denial, on July 30, 2009, Judge Edwin M. Kosik of Federal District Court in Scranton, Pennsylvania rejected the plea agreement. He ruled that Ciavarella had continued to deny that there was a ‘quid pro quo’ between his receipt of money and his jailing of juveniles, instead characterizing the money as a "finder’s fee" despite what Judge Kosik felt was the weight of the government's evidence.[13] Attorneys for the two judges brought a motion requesting reconsideration of the judge's rejection of the plea agreement.[14] The motion was denied on August 24, and Ciavarella and Conahan withdrew their guilty pleas, resulting in the case going to trial.[15] On September 9, 2009, a federal grand jury in Harrisburg, Pennsylvania returned a 48 count indictment against Ciavarella and Conahan,[16] which included racketeering, fraud, money laundering, extortion, bribery, and federal tax violations. Both judges were arraigned on the charges on September 15, 2009.[17][18] Ciavarella and Conahan entered pleas of not guilty to the 48-count indictment, and remained free on one million dollars bail, despite federal prosecutors contentions that their bail should be raised since they now faced the possibility of substantially more prison time and that there was evidence of their attempts to shield assets.[19] On February 18, 2011, a jury in federal court found Ciavarella guilty of racketeering. This charge stemmed from Ciavarella accepting $997,000 in illegal payments from Robert Mericle, the real estate developer of PA Child Care, and attorney Robert Powell, a co-owner of the facility. Ciavarella was also on trial for 38 other counts including accepting numerous payments from Mericle and Powell as well as tax evasion.[20] On August 11, 2011, Ciavarella was sentenced to 28 years in federal prison. On May 24, 2013, the Third Circuit Court of Appeals vacated one count of the indictment against Ciavarella, but upheld all other charges, as well as his sentence.[21] The Third Circuit refused to reconsider on July 24, 2013.[22] The Supreme Court, which rarely accepts such cases, declined to hear the appeal in 2014, although Ciavarella could file a post-conviction relief motion before U.S. District Court within one year.[23] With good behavior, he could be released in less than 24 years, when he would be 85.[24] Ciavarella initially served his sentence at Federal Correctional Institution, Pekin in Pekin, Illinois.[25] In October 2014 he was moved to Federal Transfer Center, Oklahoma City.[26] His earliest projected release date is December 30, 2035. He is now inmate # 15008-067 at the Federal Correctional Institution, Williamsburg at Salters, South Carolina.[27] BUT Escandon, an outrageous and Corrupt Judge in New Jersey, was re-appointed by Gov. Christie. What a surprise. Escandon is getting a "Get out of Jail Pass" free. Because it's NJ/NY/CT - the Tri State Corruption Courts. Escandon gave custody to an ex-convict who served time for murder, but remains on the bench in Monmouth County New Jersey for life. He takes children and elderly for bribes but it's the tri state area, where that's "business as usual". (( https://youtu.be/wLahyYcu5BE )) Sign Share Support Petition to investigate Family Court Judges Orders made while they had no judical oversight.