FRAUD: ONCE UPON A TIME YOU COULD NOT KEEP THE BENEFITS AND YOU WENT TO JAIL

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NOW WE BLAME THE VICTIM

TO THE VICTOR GO THE SPOILS

As I read this blog, I was reminded of the centuries old legal principal, Fraus omnia vitiate, or “Fraud vitiates everything it touches.”

Here is more food for thought:

• Boyce’s Executors v. Grundy, 3 Pet. (28 US) 210 (1830), “Fraud vitiates everything”
http://www.courts.state.va.us/opinions/opncavwp/0824002.doc

• United States v. Throckmorton, 98 US 61, 70 (1878) “Fraud vitiates the most solemn contracts, documents and even judgments.”

• Ellett v Ellett Virginia 0824-00-2 (March 13, 2001) — a property settlement overturned and specifically cites Throckmorton.

• In Re Jose Alejandro Penafiel, Relator, No. 05-021316 Texas Supreme Court (2001) “Texas law holds that fraud vitiates every transaction tainted by the fraud”
http://www.supreme.courts.state.tx.us/ebriefs/05/05021303.pdf (Page 24)

• Nudd v. Burrows, 91 US 426 (1875), “Fraud destroys the validity of everything into which it enters”

• Dakota Partners v. Glopak, Inc, 2001 ND 168 North Dakota Supreme Court.
http://www.court.state.nd.us/court/opinions/20010092.htm

And one more a bit far removed; nevertheless relevant:

• Lazarus Estates Ltd -v- Beasley [1956] 1 QB 702 from the UK.

“No court in this land will allow a person to keep an advantage which he has obtained by fraud. No judgement of a court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything. The court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved, it vitiates judgements, contracts and all transactions whatsoever; see as to deeds……. So, here, I am of opinion that if this declaration is proved to have been false and fraudulent, it is a nullity and void……”

(case excerpt from John Washburn, VoteTrustUSA, Voting Technology Task Force August 09, 2006)

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