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ILS Services, Inc.

THE UNITED STATES GRAND JURY FRAUD TO BE PRESENTED TO THE SUPREME COURT

A. The Grand Jury Fraud by the U.S. Attorneys

Possibly one of the largest frauds perpetrated on the American public by the Department of Justice is the grand jury fraud instituted in Federal Rule of Criminal Procedure 6. Sometime in the recent past, the Department of Justice was able to get through a change to F.R.Crim.P. 6 to allow the Department of Justice to hold grand jury records. How the people that approve the Rules of Criminal Procedure allowed that to pass is incomprehensible.

That change is unconstitutional on its face and a fraud on the American Public. When we asked a court in Milwaukee to investigate, they stated they did not have jurisdiction, i.e., we had caught them in the act of fraud and they were going to avoid the issue. We knew at the time that they were trying to cover for the prosecutor’s office.

ILS is now taking its clients directly into the Supreme Court on habeas corpus directly in order to get their fraudulent convictions overturned based on grand jury fraud. Since the district court is part of the fraud, as identified in the Milwaukee case by allowing and encouraging such abuse of the system, ILS has a right to take its clients directly into the Supreme Court for relief because the clients can not get a fair hearing from a biased district court which is part of the fraud or has knowledge of the fraud. See 28 USC § 2241, et seq., which allows a habeas petition to be filed directly into the Supreme Court. Since 6 courts have already dodged the issue, ILS now has grounds for filing directly into the Supreme Court, alleging automatic bias and fraud by the district courts. In fact, ILS was the first group to have a habeas accepted by the Supreme Court for direct review since 1925. The Supreme Court has no discretion regarding hearing a habeas petition if the district courts can make an impartial ruling.

A check with 6 different courts on 6 different cases by ILS shows that the district court does not hold the grand jury records. All calls for grand jury logs and transcripts to the clerk’s office in these 6 cases were met with statements that the U.S. attorneys are holding the records. In one case in San Diego, a clerk had a copy of the grand jury log which showed that no grand jury even convened on the day that the indictment was handed down. In other words, no grand jury existed. What did the court do? It tried to cover up the fraud.

A former prosecutor confirmed that the U.S. Attorneys’ office has a rubber stamp with the signature of the grand jury foreman in its office, which is often used on superseding indictments in lieu of actually reconvening a grand jury. That action would constitute fraud on its face, fraud from the inducement, and require not only that the case be overturned but that the prosecutors involved in this corruption be prosecuted and disbarred.

Checks with others involved in the grand jury process establish that although the grand jury is required to present an indictment in open court and prove a quorum was present, usually the prosecutor will present 15 to 20 indictments and get the magistrate to sign them, without any knowledge by the court that the grand jury met or that a quorum was present, and without any member of the grand jury present. The court forsakes its duty to act independently, and acts as nothing more than an arm of the prosecutor, signing whatever is presented. Checks in the 7th Circuit show that over 99 percent of all grand jury proceedings result in an indictment, a number so high it is unbelievable. But it is believable if the prosecutors hold the grand jury records and do not follow the intended grand jury process.

A check of over 100 different docket sheets by ILS shows only one grand jury concurrence form listed, i.e., less than 1 % of all cases can prove that a grand jury actually met and had a quorum present.

That evidence goes with the belief that in many cases the grand jury does not meet, but the prosecutors’ office simply types in the indictment and stamps the form with the grand jury foreman’s name on it.

Any time you allow one branch of government to control such important information of another branch, they violate the Separation of Powers Doctrine and invite abuse of the system. If the prosecutors office is allowed to control such sensitive documents, then abuse is inevitable.

Unfortunately, the district courts have now become part of the fraud. Most judges are former prosecutors, and they understand exactly how the game works in the grand jury proceedings. They typically cover for the prosecutors, and allow them to bring in stamped indictments and protect them with the theory of “grand jury secrecy”. That is exactly why we must take clients directly into the Supreme Court, because the district courts will only try to cover for the prosecutors office related to grand jury proceedings.

Grand jury secrecy only works if it is not abused. Yet in the United States, it is abused routinely. Once again the government has taken a system that was designed to protect the American people, and turned it into a fraudulent scheme to obtain bonuses for U.S. attorneys who win cases. A 99 percent indictment rate is not a win. It is fraud.

B. What the Supreme Court Says About the Grand Jury

The Supreme Court has stated that the independent grand jury’s purpose is to not only investigate possible criminal conduct, but to act as a “protector of citizens from arbitrary and oppressive governmental action”, and to perform its functions, the independent grand jury “deliberates in secret and may determine alone the course of its inquiry”. United States v. Calandra, 414 U.S. 338 (1974). An independent grand jury is to “stand between the prosecutor and the accused,” and to determine whether a charge is legitimate or is “dictated by malice or personal will”. Hale v. Henkel, 201 U.S. 42 (1906). The grand jury is to protect citizens against “hasty, malicious and oppressive persecution and to insure that prosecutions are not dictated by an intimidating power or by malice and personal ill will”. Wood v. Georgia, 370 U.S. 375 (1962). The independent grand jury is described as “a body with powers of investigation and inquisition, the scope of whose inquiries is not to be limited narrowly by questions of propriety or forecasts of the probable result of the investigation”. Branzburg v. Hayes, 408 U.S. 665 (1972)… “Without thorough and effective investigation, the grand jury would be unable either to feret out crimes deserving of prosecution, or to screen out charges not warranting prosecution.” U.S. v. Sells Engineering, 463 U.S. 4118 (1983). According to U.S. v. Williams, 504 U.S. 36 (1992), Justice Scalia stated that the grand jury is the equivalent of a Fourth Branch of government, not to be tampered with by any other branch.

C. Conclusion

One of the largest frauds ever perpetrated on the American people is the grand jury fraud where the prosecutors convinced the people who write the Federal Rules of Criminal Procedure to allow them to hold the grand jury records. F.R.Crim.P. 6 is unconstitutional on its face, a fraud created in order to allow prosecutors to create indictments on cases without proper procedure and collect their bonuses. The district courts can not be unbiased because they are part of the fraud, because if anyone was to hold the grand jury records, it would be the court. They knew or should have known that the Supreme Court does not allow such violations of the Separation of Powers Doctrine. Justice Scalia stated in U.S. v. Williams, 504 U.S. 36 (1992), that the grand jury is the equivalent of a Fourth Branch of Government, not to be tampered with by any other branch. To allow the prosecutors to hold grand jury records is fraud on its face. It is presumed the prosecutors manipulate those grand jury records based on their success with the grand jury. The grand jury is no longer a protector of the citizens, but a tool for the government so prosecutors can collect bonuses. ILS is taking clients directly into the Supreme Court on habeas in order to obtain their relief from the fraud perpetrated by the Department of Justice. Evidence tested to date shows that the fraud is massive.

Article found by authors of Friends of Michael Ioane

Article Written By Tony Davies

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