- 22 - be a fraud upon the court." Toscano v. Commissioner, 441 F.2d at 933, quoting 7 J. Moore, Federal Practice, par. 60.33 (2d ed. 1970). To prove such fraud, petitioners must show that an intentional plan of deception designed to improperly influence the Court in its decision has had such an effect on the Court. * * * The Court must examine all of the evidence in light of the foregoing definition to determine whether the record establishes fraud on the Court. The first consideration is Mr. Young's purported representation of all petitioners in the original joint petition. The practice of a few attorneys, or even one attorney, representing a large group of investors who were engaged in a single transaction is commonplace and is not by its nature a cause for suspicion. Also, it is not unusual in such circumstances for such attorney or attorneys to have direct contact with only a few, or even one, of the investors appointed to represent the others. The practice of such attorney or attorneys maintaining continuous and direct contact with each individual investor could prove to be impractical, overburdensome, and could cause severe delays in the litigation of a case. Next, it is necessary to consider Mr. Dornbrock's authorization of Mr. Young to represent Mr. and Mrs. Dornbrock in this case. Mr. Young testified that he would not have included an individual's name on the original joint petition unless he had received from the individual a consent form and a copy of theirPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011