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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88662
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a civil case where a judge wrote a protective order

Resolved Question:

I have a civil case where a judge wrote a protective order for some documents, sua sponte asserting the documents contained "trade secrets" (no assertion by def, no 6-part test). The protective order ---as written---was to "prevent the disclosure of evidence" and "shall only be disclosed upon an order of this court".
The protective order thus concealed evidence of fraud in the (previous) arbitration, concealed evidence of securities fraud and multiple witness felony perjury. It is still in effect, 9 years later. I recently found out most of what is concealed.
Does this felony----concealing evidence, 18 USC 1512c1----remove the court's authority? isn't this aiding and abetting ( securities fraud) ?? $millions are involved.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

In order to pursue a complaint of concealing evidence it had to be pursued within the statute of limitations, which would have been 5 years from the date it was concealed. In order to make a case for criminal charges you have to prove that the intent of the court was to conceal evidence and not, as they said, to protect intellectual property/trade secrets. Any charges would also have been up to the US Attorney, since you cannot bring a civil suit against a judge for performance of their duty as they have statutory immunity and to get around that you have to prove intentional criminal misconduct (of course with the Supreme Court stating he was justified that will be extremely difficult if not impossible to prove beyond a reasonable doubt, which is the standard you have to meet for a criminal case).



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Customer: replied 1 year ago.

In the actual protective order, the name on a USDA Grant application was left off, this was a vitally important concealment.


Also, within two weeks, this judge issued a confirmation of the arbitration award and wrote "award not procured by fraud"-----------which is in stark contrast to the concealed evidence.


 


My question is, when a judge lies and conceals crimes, does his court lose jurisdiction or what ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The problem is that this matter is considered legally "res judicata" if you did not pursue the appeal to the US District Court upon being denied in the State Supreme Court.

The court does not "lose its jurisdiction," the remedy to challenge what you believe to be an incorrect ruling was to appeal to the State Supreme Court and then you could have appealed to the US District Court based on the federal issue. If you missed the appeal time and also the 5 year statute of limitations (you stated this happened 9 years ago) then your matter is out of time as well I am sorry to say.
Customer: replied 1 year ago.

OF COURSE, I DID NOT KNOW WHAT WAS CONCEALED FOR YEARS.


The 2004 Protective order was requested to be vacated/released in late 2010, after I had seen some of the concealment. He refused. Appeal to MT Supremes March 2011, decided 8/25/11

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. While you may not have known what was concealed, you did know it was protected and the Supreme Court did know what was concealed on the appeal because they had an opportunity to review the information.

I am afraid that you had to appeal the MT Supreme court ruling at the time and almost 2 years later is going to be considered out of time. You could have appealed to the US District court based on the violation of the statute you are alleging and also denial of due process in that you could not see the evidence needed to pursue your case. However, the problem you have is the out of time issue now.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88662
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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