- 281 - Thompson's assertion that the videotape was not material, the Court of Appeals observed that "Rule 60(b) focuses not so much in terms of whether the alleged fraud prejudiced the opposing party but more in terms of whether the alleged fraud harms the integrity of the judicial process." Id. at 1133. B. Discussion With the preceding review as background, we address whether the Government misconduct in these cases constitutes fraud on the Court. By entering into secret settlements with the Thompsons and Cravenses, Messrs. McWade and Sims frustrated the Court's and the public's expectations that all litigants before the Court would be adversaries in the full sense of the word. Such expectations were particularly heightened in these cases, which affect more than a thousand other taxpayers. Notwithstanding the Government misconduct in these cases, we are convinced, for the reasons set forth below, that the Court's deficiency determinations in Dixon II should be reinstated over petitioners' claims of fraud on the Court. The misconduct in these cases is not typical of the fraudulent acts committed in cases in which other courts have overturned decisions for fraud on the court. In particular, although Messrs. Sims, McWade, and DeCastro misled the Court regarding the status of the Thompson and Cravens cases, there was no attempt to present fraudulent evidence to the Court that had any bearing on the substantive issues concerning the transactionsPage: Previous 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 Next
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