- 15 - to petitioners, Jacob was the architect of the ESOP and, as such, was precluded by Rule 24(g)(1) from representing them. Petitioners also assert that Jacob was a potential witness who was precluded from representing them by Rule 24(g)(3). On the basis of the record at hand, we reject petitioners’ primary argument. Contrary to petitioners’ assertions, the Court was informed on two occasions by respondent as to an issue involving Jacob and Rule 24(g). First, respondent informed the Court on September 25, 2001, that there were problems under Rule 24(g) with Jacob’s representation. Second, respondent informed the Court in his pretrial memorandum, filed October 5, 2001, that there were potential problems under Rule 24(g)(1) and (3) with Jacob’s representation. As petitioners correctly state, a necessary element of fraud on the Court is the Court’s lack of knowledge regarding a material fact so that “damage to the judicial process is sustained.” Spence-Parker v. Md. Ins. Group, 937 F. Supp. 551, 562 (E.D. Va. 1996). In Spence-Parker, the plaintiff sued the defendant insurance company, alleging that she was entitled to recover under an insurance policy issued by the defendant to a third party. In a prior action against the third 6(...continued) disappointed party challenges a decision on the ground that the party’s prior counsel had a conflict of interest. Paragraph (f) is designed to insure that the bar of this Court disclose or rectify any conflict of interest. [93 T.C. 858.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011