On March 29, 2000 Federal Judge Jack B. Schmetterer (N.D. Ill) issued two new void orders in case no. 93-B-7643, orders which have no legal force or effect. Judge Schmetterer engaged in a "fraud upon the court". [Note: These two void orders are in addition to other void orders issued in that court.]

The U.S. Supreme Court has consistently held that a void order is void at all times, does not have to be reversed or vacated by a judge, can not be made valid by any judge, nor does it gain validity by the passage of time. The order is void ab initio. Vallely v. Northern Fire & Marine Ins. Co., 254 U.S. 348, 41 S.Ct. 116 (1920).

As one court stated, a void order is equivalent to a blank piece of paper.

A judge in any proceeding governed by the rules of limited jurisdiction, including but not limited to Federal Courts, lacks jurisdiction (i.e., lawful authority) if the record of the case does not support that jurisdiction was ever conferred upon the court. Further, in addition to other situations, a judge will lose jurisdiction if the judge or any officer of the court commits a "fraud upon the court", or if the judge gives the "appearance of partiality".

The U.S. Supreme Court has held that when a judge acts without jurisdiction, the judge has engaged in treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821).

There are multiple reasons why Judge Schmetterer acted without jurisdiction and therefore engaged in treason. To review only one such reason:

Illinois law is clear and well-settled that:

"The petition required to put the court in motion and give it jurisdiction must be in conformity with the statute granting the right and must show all the facts necessary to authorize it to act, -i.e., it must contain all the statements which the statute says the petition shall state, - and if the petition fails to contain all of these essential elements the court is without jurisdiction." Brown v. VanKeuren, 340 Ill. 118, 122 (1930).

Six judges have inspected the record of case no. 91-D-5122 (Cook County) and all six judges have reported that a valid petition could not be found in the record of the 91-D-5122 case. [Note: This information had been previously provided to Judge Schmetterer and was a part of the 93-B-7643 court file.] Since no petition could be found in the record of the 91-D-5122 case, none of the requisite elements required to be in a valid petition by statute in order to confer jurisdiction upon the 91-D-5122 court existed. The 91-D-5122 court was without subject-matter jurisdiction. Since the court was devoid of subject-matter jurisdiction, all orders issued by judge Philip S. Lieb in the 91-D-5122 court were void ab initio, and were, and are, of no legal force or effect.

At no time has a valid Petition ever been filed in the 91-D-5122 case.

Neither any judge nor any litigant has the lawful authority to confer jurisdiction upon a court which does not have jurisdiction conferred upon it by law. The People v. Brewer, 328 Ill. 472, 483 (1928).  And "[E]very judgment of a court rendered without jurisdiction is a nullity -- not merely voidable but void -- and may be disregarded." People v. Miller, 339 Ill. 573 (1930).

The orders of the 91-D-5122 court were, and are forever, void ab initio, of no legal force or effect.

Attorneys Allen S. Gabe, Robert K. Blain, and attorneys Benjamin Hyink and Regina Scannicchio of the law firm of Hyink and Scannicchio, Chtd. then filed the void ab initio orders/judgments of the 91-D-5122 court in the 93-B-7643 action, creating a "fraud upon the court" in the 93-B-7643 court action, and depriving the 93-B-7643 judges of their lawful authority to act. The orders of the 93-B-7643 court were void ab initio. A void order is not given validity by filing it in another court. And no judge has lawful authority to make a void order valid.

The filing of false Proofs of Claims, using as the basis the void orders of the 91-D-5122 court, is a Federal crime.

"Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, ¶60.23. The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."

The filing of void orders by officers of the court is a "fraud upon the court". Apparently Judge Schmetterer does not know the law that the filing of a void order in another court does not change the void order into a valid order. The void order remains void.

Since a "fraud upon the court" was committed upon the 93-B-7643 court, the 93-B-7643 orders based on the void orders of the 91-D-5122 court, and issued on March 29, 2000, were void ab initio.

Since Judge Schmetterer had no jurisdiction due, among other reasons, to the "fraud upon the court" by officers of the court, he engaged in a "fraud upon the court" by issuing void orders, and by acting without lawful authority, he engaged in treason.

Further, since Judge Schmetterer interfered with the party's property, in interfering with the party's purchase of goods involved in interstate commerce, Judge Schmetterer was engaged in the Federal crime of interfering with interstate commerce.

No judge has lawful authority to engage in interference with interstate commerce or to engage in treason.

Whenever a judge acts without jurisdiction, the judge is not performing a judicial function; the judge is acting only in his personal capacity.

Judges have no immunity for their criminal acts. Yates v. Village of Hoffman Estates, Illinois, 209 F.Supp. 757 (N.D. Ill. 1962).

"Acceptance of "ill-gotten gains" by Judge Schmetterer

See also for additional examples of unlawful acts by judges

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