No. 18-5136

Francisco Illarramendi v. Securities and Exchange Commission, et al.

Lower Court: Second Circuit
Docketed: 2018-07-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-iii-standing civil-procedure civil-proceeding constitutional-liberty constitutional-property constitutional-property-rights constitutional-rights district-court inextricably-intertwined liberty-interests parallel-criminal-proceeding property-rights
Latest Conference: 2018-09-24
Question Presented (from Petition)

Can Article III Standing be denied to a Defendant in a civil proceeding who objects to District Court Rulings that directly affect the Defendant's constitutional property and liberty interests both via the civil proceeding itself and through a parallel, and inextricably intertwined criminal proceeding?

Can a District Court deny a Defendant in a civil proceeding the right to access and scrutiny of the evidence being used to erroneously justify civil and criminal monetary judgments and penalties against said Defendant as well as enhance the Defendant's sentence of incarceration in a parallel, inextricably intertwined criminal proceeding?

Can courts ignore Circuit and Supreme Court precedents as well as the provisions of Fed. R. of Civ. P. 60, while perpetuating a manifest injustice to a Defendant's constitutional rights by granting validity to Receivership claims which violate the principles of Unclean Hands and In Pari Delicto, and also United States Government policy towards one of the claimants?

Can courts rely on purposely misleading interpretations of fact - or on outright lies made by a plaintiff or a third party - to deny a Defendant standing based on procedural issues?

Do Courts have an inherent duty to follow doctrine of this Court that has affirmed the Statute of Limitations boundaries on relief sought in civil actions by the Securities and Exchange Commission?

Question Presented (AI Summary)

Can Article III standing be denied to a defendant in a civil proceeding who objects to district court rulings that directly affect the defendant's constitutional property and liberty interests both via the civil proceeding itself and through a parallel, and inextricably intertwined criminal proceeding?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-07-24
Waiver of right of respondent Securities and Exchange Commission to respond filed.
2018-07-10
Waiver of right of respondent John J. Carney, Receiver to respond filed.
2018-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Francisco Illarramendi
Francisco Illaramendi — Petitioner
John J. Carney, Receiver
Jonathan B. NewBaker & Hostetler LLP, Respondent
Securities and Exchange Commission
Noel J. FranciscoSolicitor General, Respondent