Motion to Vacate an Arbitration Award Based on Fraud

Motion to Vacate an Arbitration Award Based on Fraud
David and Goliath -- Christopher Wanken vs. John Dwight Wanken and Raymond James Financial Services

Tuesday, May 8, 2012

Disorder in the Courts. AKA Six (Or Um... One) Degrees of Separation. An Update on the Case Against Dwight Wanken, Raymond James Financial Services. And their Lawyers Brady Sparks, Henry Simpson, Tom Gregor and Linda Broocks. And the judges that have ruled, Judge Ed Kinkeade, Magistrate Judge Jeff Kaplan, Judge Jerry E. Smith. US District Court of Northern District of Texas, Dallas Division. And, yes, the Fifth Circuit Court of Appeals.

Just when you thought this thing couldn't get any more evil, wicked, corrupt or sinister.

It's looking like there's going to be a sequel to this crazy story.

I'll be honest. I thought things were pretty corrupt and devious about 10 days ago.

Now? Well. Now I'm thinking that everything I ever thought about the judicial system and about judges was wrong.

I had some suspicions. I guess now perhaps they've just been confirmed.

I will have more as soon as I can.

Looks like we need to Occupy Justice.



I can tell you it involves allegations related to the judges that have ruled in this case.

And allegations related to the lawyers representing Dwight Wanken and Raymond James Financial Services, Inc.



No. Not Dewey Cheatham and Howe.

Heh-heh.

Brady Sparks. Henry Simpson. Bill Dunne. Tom Gregor. Linda Broocks.

I can also tell you that this will send shock waves through the legal and judicial communities.

Why don't you take a look at the order that Judge Ed Kinkeade issued in response to my Rule 60(b)(6) motion last week. You'll want to read it. Because a) we're going talk about it next post - and many posts after that and b) this thing is going to be all over the place -- you might as well do some background reading on it. Lots more to say - but I'll save it for next post.

I'll be honest. When I first read it, I was sure that April 30, 2012 must have been "Take Your Pet Orangutan" to work day for judges.



But then I thought about it. And I was sure that no judge would let an orangutan write an order. Even though it sounded like it was written by a monkey or ape.

So then I thought some more. And as I read the order over and over and over and over again - I got lost in the circular reasoning - two choices presented themselves.

Incompetent. Corrupt.

That's all I've got.

What say you, peeps?

Am I missing something?

Because I don't think I've ever heard a judge just completely ignore allegations that lawyers lied to him and an appellate court and submitted perjured briefs regarding evidence and what that evidence would show.

Don't know that I've ever heard of an appellate court take the word of a defendant regarding unreviewed evidence and what was in that unreviewed evidence that was *never* viewed by the district court. Unreviewed evidence that was related to an unresolved issue of genuine material fact that would be resolved by subpoena of the evidence by the courts.

You know, if that's the way judges decide things these days, then why do we need courts anyway? We don't need no stinkin' due process.

Just appoint some judges to decide what unreviewed evidence will show and decide cases based on one side's testimony.

You know, maybe we don't even need any testimony at all. That sure would make things easier. No trials. No evidence. No testimony.

Maybe the judges can just side with their pals and well-connected friends.

Think it doesn't happen?

Think again.

Welcome to Swamp Justice, folks.

Ah. You're wondering about swamp justice. That would be Fifth Circuit justice.

And I've certainly never heard of a federal district court judge taking the word of the appellate court regarding evidence that the appellate court had never seen, that the district court has still never seen.

It's sorta like this.



And the whole point of a Rule 60(b)(6) is to prevent injustice which would result if the case is not reopened.

We'll go line-by-line in the order in a future post.

One thing that is just shocking is that Judge Kinkeade never asked the Defendants and their attorneys in the case to respond to the motion.

Judge Kinkeade didn't ask the defendants and their attorneys to respond to allegations that they lied and perjured themselves to the district court and Fifth Circuit.

Judge Kinkeade didn't ask for a response from the Defendants on the allegations that they had fraudulently represented the contents of the TWC evidence to the district court and the Fifth Circuit in signed, sworn affidavits, briefs and motions. The Fifth Circuit, you may recall, stated that it was taking Dwight Wanken's representation of what the TWC evidence contained.

Evidence that the Fifth Circuit had never seen. Evidence which I said had to be obtained via court order from the TWC and IRS. Evidence which, once obtained, I argued would prove my allegations that Dwight Wanken and Raymond James colluded and conspired to procure the FINRA arbitration award by fraud through perjury, spoliation of evidence, subornation of perjury and fraud upon the court. Unreviewed evidence directly related to an unresolved issue of genuine material fact.

Which makes it pretty wild that a judge ignored the injustice that results by failing to grant the 60b6 to review the evidence.

And that the same judge didn't ask for even a response from the defendants regarding allegations that they had perjured themselves to the district court and Fifth Circuit.

It's beyond wild that a federal judge completely disregarded the allegation that multiple lawyers have submitted false, perjured affidavits to the district court and the appellate court.

Especially a law and order judge like Judge Ed Kinkeade.

One might even say it sounds criminal.

There is a "fatal error" or "critical error" in the order. FYI - that would be a critical error that leads to system failure. Which in this case, is the alleged and apparent flawed reasoning and logic that leads to what I am alleging is an unjust and erroneous conclusion and unjust and flawed order. See if you can find it.

The critical error is quite unusual given the allegations of fraud, perjury and fraud upon the court.

Remember -- this whole case is based on allegations of fraud at a FINRA arbitration, suppression and spoliation of evidence, subornation of perjury and fraud upon the court.

I am alleging that this reveals a bias -- a bias that resulted in the reality that Judge Kinkeade was going to deny the Rule 60(b)(6) motion regardless of what I argued in my motion, regardless of what is in the TWC evidence, regardless of the allegations of perjury, regardless of the allegations that Brady Sparks, Henry Simpson, Tom Gregor, Linda Broocks, Raymond James and Dwight Wanken knowingly and intentionally submitted false and perjured affidavits to the district court and Fifth Circuit --- regardless of everything.

And I am alleging that the critical error that appears to reveal a bias may demonstrate judicial misconduct and conflict of interest.

I'll give you a hint. It has to do with the TWC report.

If you can find the error in the order, post it in the comments. It's like "Where's Waldo." You'll look for it and look for it - and then you'll see it. I promise.

I have no swag to send you. Just credit in the comments....

Judge Ed Kinkeade, Northern District Court of Texas, Dallas Division, Order Denying Rule 60(b)(6) Motion Re...

And then come back. I actually have a backlog of updates. I'll get 'em up.

Whooo-boy.

It's shaking and baking all right.

Here are some of the buzz words for the next few (dozen) posts.

Paula Jones

Harriet Miers

Nathan Hecht

The Arlington Group

Harlan Crow

Republicans

Democrats

Bill Clinton

Conservatives

Liberals

Justice Clarence Thomas

Judicial activism

Judicial misconduct

Conflict of interest

Corruption

Criminal

Paula Jones Legal Defense Fund

Braden Wheeler Sparks

Investigations

Allegations of wrongdoing

Judges

FINRA

FBI

SEC

Personal bias

Mail fraud

IRS

Dwight Wanken

Kayla Kennedy Gingrich Burds Wanken

Dan Burds

Wick Allison

Evil

Wicked

Scheming

Injustice

The Rutherford Institute

Yep. I think that's a good start.

Ah. Here's a little PSA from Ricky Bobby. Just like Dega, it's getting fast and furious at the end.

Praising God that Eric McClure is OK. That was a hard lick he took in the Nationwide race.



The FBI and the SEC? Telling them all about the allegations of collusion, conspiracy, obstruction of justice, fraud, perjury, etc. too.

Still no word from FINRA or Raymond James on whether they have asked Dwight Wanken to request and produce the TWC evidence to them so they can review it as part of their own investigations (I'm sure they're conducting them, right?!) regarding allegations that Dwight Wanken contradicted all of his and Raymond James' FINRA arbitration testimony on every *material* issue decided by the FINRA arbitration panel when he was investigated by the TWC and IRS after the conclusion of the FINRA arbitration.

Nah. I definitely won't be going quietly. This one's headed straight back to the swamp. Er, yes. New Orleans.



You want irony? I got your irony. Ready for it, Brady?

Apparently defending a guy in the 80s who allegedly did some of the same things as the guy you apparently vigorously attacked allegedly did in the 90s. And then defending a guy ten or so years later for allegedly doing some of the same things - and allegedly much, much worse - as the guy allegedly did in the 80s that you apparently defended - and which the guy allegedly did in the 90s for which you allegedly and apparently attacked him.

Ah. You're trying to follow that?

Well, four clues.

W. Paul Thayer

Paula Jones Legal Defense Fund

Bill Clinton

Dwight Wanken

You know what I wonder? How did big Dallas Democrat Henry Simpson -- plaintiff's lawyer, investment fraud attorney -- ever get hooked up with Brady Sparks - or ever get hooked up in this case?

Man. Talk about your strange bedfellows.

What *do* they teach at Providence Presbyterian on truth, grace, honesty, righteousness and justice?

You know, Brady, based on Christ's teachings in Matthew 18, I think I'll have to give a call to Pastor David Rea and have a little chat.

Brady, this one's for you and the Paula Jones Legal Defense Fund folks.

"I'm so double-minded...Oh Jesus, Friend of Sinners open our eyes to the world at the end of our pointing fingers."



Eh. I'm ending this post on a good note.

Just have to share this one with you. You can't not nod your head and dance to it. It's *the* get-moving morning song around my home -- they all take turns busting a move and taking the mic. I've been known to -ahem- show off my rad moves. No Jeff Gordon breakdancing though...

My wild family singing, dancing and praising God with joy and thanksgiving through the middle of all this?

Yep. My new favorite memory.



In memory of Maurice Sendak. To wild things everywhere.





"Truth and time walk hand in hand."
axiom

"An evildoer listens to wicked lips,
and a liar gives ear to a mischievous tongue."
Proverbs 17:4 ESV

"He who justifies the wicked and he who condemns the righteous
are both alike an abomination to the Lord."
Proverbs 17:15 ESV

"The wicked accepts a bribe in secret
to pervert the ways of justice."
Proverbs 17:23 ESV

"It is not good to be partial to the wicked
or to deprive the righteous of justice."
Proverbs 18:5 ESV

"A rascally witness makes a mockery of justice,
And the mouth of the wicked spreads iniquity."
Proverbs 19:28 NASB

"These also are sayings of the wise.
To show partiality in judgment is not good."
Proverbs 24-23 NASB

"if I have raised my hand against the fatherless,
because I saw my help in the gate,
then let my shoulder blade fall from my shoulder,
and let my arm be broken from its socket."
Job 31:21-22 ESV

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