Possible LAWS Broken?
Below, you will find some info on Laws that have very plausibly been broken during Noack's case - broken by the court &/or the other party, in my opinion. I placed the stated punishments in red for easy viewing. The punishments alone show a reason for judicial corruption and people being unwilling to tell the truth, as a snow-ball effect could have easily ensued. The punishments mentioned are huge, so why are these things not being investigated? Noack submitted pounding evidence about some of these things! How has that proof been tossed aside? - Because they wanted to. - WHY? - Hmmmm!!!
18 USC 1621 - Perjury (generally-speaking)
"Whoever— (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States. "
18 USC 1622 - Subornation of perjury
"Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both."
(Remember, Noack proved the YMCA gave false testimony to both the court and the labor board!)
18 USC 241 - Conspiracy against rights
"If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured— They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death."
Fraud on the Court
Here's a fantastic link for this : http://thematrixhasyou.org/PDF/fraud-on-court.pdf.
Another good link: http://www.ballew.com/bob/htm/fotc.htm.
Basically, judges, attorneys, and others who are deemed "officers of the court", are supposed to act in an ethical manner to ensure justice. If they start manipulating things in underhanded ways to deceive and unjustly manipulate court proceedings, they may be stepping into committing "Fraud on the Court". Fraud on the court requires the immediately overthrow of the court decision, because the "machinary" of the court has been tainted, making it hard to get at the truth & to have a fair trial.
That is directly applicable to Noack's case, and they should throw out the decision against him. The YMCA was evidently shown to have withheld initial disclosures and other evidence for months. They also sent USPS documentation as if to prove they sent a lot of documents - the initial disclosures it seems, but Noack showed that was impossible as he produced the envelope & USPS code-slip attached to it showing those documents sent in were in a mere billing envelope with only about 6 pages (and which included none of the 85 or so pages allegedly sent). That means, 91 pages would have to have been stuffed into the envelope. You cannot do that with so small an envelope - it's simply impossible! I gotta say, for being pro se, Noack damn well tried to get his justice, and
there's some great info in these documents. So, when the YMCA sent the stuff (above) and sent a letter to the court trying to pull off the apparent hoax, is that "fraud on the court"? When the judge ignored evidence of that, was it "fraud on the court"?
Another possibility of this is when the YMCA sent court-ordered disclosures via encrypted CD while at the same time filing for summary judgment. Records show that by the time Noack got a viewable copy of what was sent, it was the Monday of the week his response was due! The YMCA withheld part of the ordered disclosures (while what was sent was starting to support Mr. Noack's allegations of discrimination). That's bad, and the court ignored that, too, which seems to be more "fraud on the court", IMO. The YMCA was directly disobedient to court orders by withholding that info. - Mr. Noack correctly asked the court to grant a ruling in his own favor at some point due to the apparent misdeeds of the YMCA. The judge ignored his request & didn't fine or discipline the YMCA when by Law there were several paths of potential action, including a possible default ruling on behalf of Mr. Noack. (FRCP Rule 37(b)(2)(vi) - http://www.law.cornell.edu/rules/frcp/rule_37.) In addition, Mr. Noack showed the YMCA submitted perjurous affidavit testimony to the court, showing documentation to support that claim.
Therefore, the court's refusal to take remedial action seems very much to be "fraud on the court" by the magistrate. She was made aware of the above-mentioned misbehaviors (and others), yet refused to take remedial action against apparent repeated, brazen attempts by the YMCA to subvert justice. In a case involving allegations of massive reverse gender discrimination -(including claims of multiple physical assaults on Noack by a female coworker plus a female supervisor who ranted "I hate men!"), she took no appropriate action - no fine, no disciplinary act of any kind at all against the YMCA for its brazen, improper actions.
It seems clear that this casually allowed subversion of the of the judicial machinary of the court.
Potential Consequences for Labor Law Violations
If looking at EEOC labor regulations, we can find that violations can result in potentially hundreds of thousands of dollars in fines! (See http://www.eeoc.gov/employees/remedies.cfm.) Some incidents seem to be met with fines up to $50k per incident! That's significant, so I can see that an employer might be tempted to do something crooked to avoid it, possibly.
Noack also alleged something about unpaid overtime and falsified work hours in his case. That could also be significant as an incentive for employer dishonesty I suppose - certainly a matter of bad publicity if found to be true! Court records in the Noack case seem to indicate the YMCA maybe tried to say the times were done up as "comp time", but Mr. Noack seems correct in his belief the YMCA was not doing comp time, and the DOL website shows here - http://www.dol.gov/whd/regs/compliance/whdfs23.pdf) - that it's not legal to put some hours off to another week to average them. DOL specifically forbids that. Court records also show something submitted showing a YMCA internal investigation of some kind which mentions they had errant time-keeping, so that seems to be something they acknowledged with Noack. I don't see how that was not significant in the eyes of the court. Not sure of what kind of fines or punishments could result in this area at the moment. If someone knows, maybe send a link via the contact box on the 2nd page or so.
VERDICT?
We've got crooked courts, and need to do something about it - now! This kind of corruption defiles many cases. I've read that despite the proof, it rarely gets prosecuted; so, do we simply get used to everyone lying and deceiving and acting corruptly? Aren't Americans supposed to be under obligation in court to tell the truth? Why then having a liars' contest, to see who can lie and deceive everyone the most?
We hear the jokes about crooked lawyers, but crooked lawyers & crooked judges are no laughing matter if it happens to you, someone you know or someone whose case outcome might affect your life in some way. Our rules in society are largely based on the results of court cases, so it affects us all.
18 USC 1621 - Perjury (generally-speaking)
"Whoever— (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States. "
18 USC 1622 - Subornation of perjury
"Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both."
(Remember, Noack proved the YMCA gave false testimony to both the court and the labor board!)
18 USC 241 - Conspiracy against rights
"If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured— They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death."
Fraud on the Court
Here's a fantastic link for this : http://thematrixhasyou.org/PDF/fraud-on-court.pdf.
Another good link: http://www.ballew.com/bob/htm/fotc.htm.
Basically, judges, attorneys, and others who are deemed "officers of the court", are supposed to act in an ethical manner to ensure justice. If they start manipulating things in underhanded ways to deceive and unjustly manipulate court proceedings, they may be stepping into committing "Fraud on the Court". Fraud on the court requires the immediately overthrow of the court decision, because the "machinary" of the court has been tainted, making it hard to get at the truth & to have a fair trial.
That is directly applicable to Noack's case, and they should throw out the decision against him. The YMCA was evidently shown to have withheld initial disclosures and other evidence for months. They also sent USPS documentation as if to prove they sent a lot of documents - the initial disclosures it seems, but Noack showed that was impossible as he produced the envelope & USPS code-slip attached to it showing those documents sent in were in a mere billing envelope with only about 6 pages (and which included none of the 85 or so pages allegedly sent). That means, 91 pages would have to have been stuffed into the envelope. You cannot do that with so small an envelope - it's simply impossible! I gotta say, for being pro se, Noack damn well tried to get his justice, and
there's some great info in these documents. So, when the YMCA sent the stuff (above) and sent a letter to the court trying to pull off the apparent hoax, is that "fraud on the court"? When the judge ignored evidence of that, was it "fraud on the court"?
Another possibility of this is when the YMCA sent court-ordered disclosures via encrypted CD while at the same time filing for summary judgment. Records show that by the time Noack got a viewable copy of what was sent, it was the Monday of the week his response was due! The YMCA withheld part of the ordered disclosures (while what was sent was starting to support Mr. Noack's allegations of discrimination). That's bad, and the court ignored that, too, which seems to be more "fraud on the court", IMO. The YMCA was directly disobedient to court orders by withholding that info. - Mr. Noack correctly asked the court to grant a ruling in his own favor at some point due to the apparent misdeeds of the YMCA. The judge ignored his request & didn't fine or discipline the YMCA when by Law there were several paths of potential action, including a possible default ruling on behalf of Mr. Noack. (FRCP Rule 37(b)(2)(vi) - http://www.law.cornell.edu/rules/frcp/rule_37.) In addition, Mr. Noack showed the YMCA submitted perjurous affidavit testimony to the court, showing documentation to support that claim.
Therefore, the court's refusal to take remedial action seems very much to be "fraud on the court" by the magistrate. She was made aware of the above-mentioned misbehaviors (and others), yet refused to take remedial action against apparent repeated, brazen attempts by the YMCA to subvert justice. In a case involving allegations of massive reverse gender discrimination -(including claims of multiple physical assaults on Noack by a female coworker plus a female supervisor who ranted "I hate men!"), she took no appropriate action - no fine, no disciplinary act of any kind at all against the YMCA for its brazen, improper actions.
It seems clear that this casually allowed subversion of the of the judicial machinary of the court.
Potential Consequences for Labor Law Violations
If looking at EEOC labor regulations, we can find that violations can result in potentially hundreds of thousands of dollars in fines! (See http://www.eeoc.gov/employees/remedies.cfm.) Some incidents seem to be met with fines up to $50k per incident! That's significant, so I can see that an employer might be tempted to do something crooked to avoid it, possibly.
Noack also alleged something about unpaid overtime and falsified work hours in his case. That could also be significant as an incentive for employer dishonesty I suppose - certainly a matter of bad publicity if found to be true! Court records in the Noack case seem to indicate the YMCA maybe tried to say the times were done up as "comp time", but Mr. Noack seems correct in his belief the YMCA was not doing comp time, and the DOL website shows here - http://www.dol.gov/whd/regs/compliance/whdfs23.pdf) - that it's not legal to put some hours off to another week to average them. DOL specifically forbids that. Court records also show something submitted showing a YMCA internal investigation of some kind which mentions they had errant time-keeping, so that seems to be something they acknowledged with Noack. I don't see how that was not significant in the eyes of the court. Not sure of what kind of fines or punishments could result in this area at the moment. If someone knows, maybe send a link via the contact box on the 2nd page or so.
VERDICT?
We've got crooked courts, and need to do something about it - now! This kind of corruption defiles many cases. I've read that despite the proof, it rarely gets prosecuted; so, do we simply get used to everyone lying and deceiving and acting corruptly? Aren't Americans supposed to be under obligation in court to tell the truth? Why then having a liars' contest, to see who can lie and deceive everyone the most?
We hear the jokes about crooked lawyers, but crooked lawyers & crooked judges are no laughing matter if it happens to you, someone you know or someone whose case outcome might affect your life in some way. Our rules in society are largely based on the results of court cases, so it affects us all.