FRCP 60(b)3,​ 18 U.S. Code​ § 1001, and “fraud upon the Court” –Part 2 // Phil Bellfy

Phil Bellfy
“Abott Road Project” Qui Tam Relator

The three elements in the title of this post might be considered the three legs of the legal “truthfulness” stool.

Rule 60(b)(3) states that a judgment may be set aside if an “opposing party” lies to a federal official (which clearly includes federal judges) “fraud, misrepresentation, or misconduct.”

§ 1001 might be called the “Don’t Lie to a Federal Official” Act.

And the charges of committing a “fraud upon the Court” strictly deal with lawyers who lie to the court itself.

In this “Part 2,” I want to draw attention to the “false-claim” by the City that there were “no ramps” at either end of the block of Abbot Road which was the “recipient” (paid for by taxpayers) of a new sidewalk, ramps, and a retaining wall along most of that block.

This “no ramps” lie was repeated several times by the City.  This lie is exposed by the City’s own drawing, attached to this post.  The drawing clearly states (twice): “replace [existing] ramp with 6″ concrete ADA ramp.”

PR readers might want to read the most recent East Lansing Info article on “Retaining-Wall-Gate” for more background on this “Whistleblower” case —https://eastlansinginfo.org/content/whistleblower-everyone-else-pays-their-own-sidewalk

 

Existing_Ramp_Drawing

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