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BERG v OBAMA (FCA CASE APPEAL) - APPELLANT BRIEF [1230292
scribd ^ | 2/17/2010 | Philip J. Berg

Posted on 02/17/2010 4:30:28 PM PST by Elderberry

This is a Qui Tam (False Claims) Action wherein the U.S. District Court had original jurisdiction pursuant to 31 U.S.C. §§ 3729 through 3733. This is an appeal from a final judgment of the United States District Court for the District of Columbia, entered on June 9, 2009 and September 21, 2009.

Notice of Appeal was timely filed on October 21, 2009. Accordingly, this Court has jurisdiction pursuant to 28 U.S.C. §1291.

STATEMENT OF ISSUES PRESENTED FOR REVIEW The government filed a Motion to Dismiss Appellant’s Qui Tam (False Claims) action against Barack Hussein Obama for his term as United States Senator for the State of Illinois, who now happens to be the President of the United States. The Court held a Hearing under Seal. The government claimed they had an unfettered discretion to dismiss the case and the Court did not have any say in the matter. The Court complied with the Government and Dismissed the Relator’s Action against Barack Hussein Obama on June 9, 2009.

Appellant filed a Motion for Reconsideration of the Dismissal on the basis of the law discovered regarding the Government’s Conflict-of-Interest as Barack Hussein Obama was the sitting President and their boss. Appellant was not afforded a hearing or chance to be heard, although he requested such, and Appellant’s Motion was Denied on September 21, 2009.

This timely appeal was filed on October 21, 2009.

(Excerpt) Read more at scribd.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: berg; bergvobama; birthcertificate; birthers; certifigate; naturalborncitizen; philberg; philipberg
Phil Berg files an Appeal on his False Claims Action case.
1 posted on 02/17/2010 4:30:28 PM PST by Elderberry
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To: Elderberry

Trouble in Utopia.


2 posted on 02/17/2010 4:31:38 PM PST by screaminsunshine
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To: Elderberry
Appellant filed a Motion for Reconsideration of the Dismissal on the basis of the law discovered regarding the Government’s Conflict-of-Interest as Barack Hussein Obama was the sitting President and their boss. Appellant was not afforded a hearing or chance to be heard, although he requested such, and Appellant’s Motion was Denied on September 21, 2009.

On those grounds? Not surprising at all.

3 posted on 02/17/2010 4:34:07 PM PST by Non-Sequitur
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To: Elderberry

Why is this case under seal? Berg had a case under seal but I am not sure if this is the same case. What was being kept from the public view?

Why is the public being denied the truth about Obama?


4 posted on 02/17/2010 4:35:18 PM PST by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: Frantzie

That’s what we all want to know!


5 posted on 02/17/2010 4:38:39 PM PST by Elderberry
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To: LucyT; Fred Nerks; STARWISE; onyx; little jeremiah

Say — Philip Berg is ACTIVE, again, come on over & take a looksee.


6 posted on 02/17/2010 4:40:37 PM PST by hennie pennie
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To: Elderberry
"filed a Motion to Dismiss Appellant’s Qui Tam (False Claims) action "

I like how they have the verdict in the motion! makes it all easier

How can they determine if it is a FALSE CLAIM unless they see the evidence HE IS ASKING FOR!!

7 posted on 02/17/2010 4:41:52 PM PST by Mr. K (This administration IS WEARING OUT MY CAPSLOCK KEY!)
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To: Elderberry
We have no Nation... we have no Freedom... we have no Justice... everything is a lie... and everyone is lying.

LLS

8 posted on 02/17/2010 4:46:00 PM PST by LibLieSlayer (hussama will never be my president... NEVER!)
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To: LibLieSlayer
We still have a nation, and NOT everyone is lying; however, you're correct that it's become ubiquitous.

BHO doesn't stand a chance of reelection. 2012 is NOT that far away.

We have a nation, we have a military and we have the grassroots teaparty.

Next time you feel depressed or frantic over the state of affairs, find a LEFT WING TALK SHOW on the radio --- they are simply beside themselves in angst, vowing to never vote Democrat EVERY again.

LOL -- there is HOPE, and not the Obama variety, LOL

9 posted on 02/17/2010 5:18:24 PM PST by hennie pennie
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To: hennie pennie

Not to worry brother... sometimes I feel a need to force some to pay attention. It is obviously not needed in your case... as you are on the case!

LLS


10 posted on 02/17/2010 5:19:51 PM PST by LibLieSlayer (hussama will never be my president... NEVER!)
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To: rxsid

Ping!


11 posted on 02/17/2010 5:21:15 PM PST by luv2ndamend (They call themselves greens because they're too yellow to admit they're reds.)
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To: Frantzie

>>Why is the public being denied the truth about Obama?<<

.
Can you just imagine the political fallout if that were to happen?

Heads will roll, political applecarts will be upended, crow eating contests in DC and large scale investigations that may last for years to come. Too many politicians think that it is too steep a price to pay especially when their arse may end up on the chopping block.


12 posted on 02/17/2010 5:59:42 PM PST by 353FMG (Save the Planet -- Eliminate Socialism)
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To: hennie pennie

There are 1067 days left in the Obama Administration.

I am holding my breath.


13 posted on 02/17/2010 6:16:23 PM PST by LachlanMinnesota
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To: Elderberry

bump


14 posted on 02/17/2010 8:29:43 PM PST by tutstar (Baptist Ping list - freepmail me to get on or off.)
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To: Elderberry

“Appellant filed a Motion for Reconsideration of the Dismissal on the basis of the law discovered regarding the Government’s Conflict-of-Interest as Barack Hussein Obama was the sitting President and their boss.”

Why can’t any of these people write like attorneys?


15 posted on 02/17/2010 10:19:47 PM PST by MrRobertPlant2009
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To: MrRobertPlant2009
No, you're wrong.

To be dismissive of this guy.

Why?

Philip Berg is an FOH.

And he started his hunt for the missing long form birth certificate long long long ago, even before Andy Martin of Chicago conducted his own investigation.

Philip Berg was the Number 1 Founding Member of the Hillary-4-PREZ Fanclub.

It will be interesting to see IF our Secretary of State suddenly takes a more active role in more interesting foreign affairs, LOL

16 posted on 02/18/2010 5:05:15 AM PST by hennie pennie
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To: Frantzie; All

“WHY is this case under seal?” is a good question; is there any way to learn why the court made this decision?


17 posted on 02/18/2010 5:06:39 AM PST by hennie pennie
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To: LachlanMinnesota
>>>> "There are 1067 days left in the Obama Administration. I am holding my breath." <<<<

STOP holding your breath, it'll be over before you know it, and this entire administration will become a tiny footnote in the Annals of History. NOT to worry!!

18 posted on 02/18/2010 5:09:09 AM PST by hennie pennie
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To: hennie pennie

I’m wrong that this is badly written? How?


19 posted on 02/18/2010 5:48:38 AM PST by MrRobertPlant2009
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To: MrRobertPlant2009
LOL, no I meant, we have to keep our eye on this one, it doesn't matter if it's written in an illiterate style, or if it makes mincemeat of professional legalese, doesn't matter one wit --- THIS is a real life FOH, and the timing of his appeal is most interesting.

Doesn't matter if it's garbled, not at all.

20 posted on 02/18/2010 5:57:48 AM PST by hennie pennie
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To: hennie pennie

It matters because it’s not going anywhere.

I read the thing and it is a mess of poor construction, faulty logic, false conclusions, and poor legal reasoning.

The underlying idea in this case is not that Obama fails to meet the constitutional requirements of a natural born citizen. It argues that he is an ILLEGAL ALIEN. Without proof.


21 posted on 02/18/2010 6:18:43 AM PST by MrRobertPlant2009
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To: MrRobertPlant2009
Looked through it. You're right. It's going nowhere.

Short version: “Appellant believes a lot of stuff. Why isn't that good enough to do something?”

I'll give him points for originality though. Obama is an illegal alien who couldn't serve as Senator.

22 posted on 02/18/2010 1:57:45 PM PST by tired_old_conservative
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To: MrRobertPlant2009
In case you didn't know, here's the bio on Mr. Berg:

Berg has involved himself with several controversial political cases. In 2001 he demanded the disbarment of U.S. Supreme Court Justices Sandra Day O'Connor, Antonin Scalia, and Clarence Thomas due to their participation in the case Bush v. Gore.[2] In 2004, Berg filed a Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit on behalf of a World Trade Center maintenance worker against President George W. Bush and others alleging that the Bush and certain government officials conspired to bring about the September 11, 2001 attacks on the World Trade Center.[3] The federal district court dismissed the suit. He challenged President George W. Bush on his right to conduct a war against terror and another against Saddam Hussein with only a congressional authorization.[4]

Berg was successfully sued for legal malpractice by former clients on whose behalf Berg had neglected to file a response to a complaint in an ERISA lawsuit, resulting in a default judgment being entered against the former clients. Berg responded by bringing into the malpractice suit the plaintiffs in the ERISA action on a claim of fraud upon the court. The ERISA plaintiffs moved for summary judgment—which was granted after Berg failed to respond to the motion—and then moved for sanctions against Berg. Berg again failed to file a response.

On June 2, 2005, U.S. District Judge J. Curtis Joyner granted the motion for sanctions, finding that the fraud claim was “was inadequately pled, not grounded in fact, time-barred, and utterly irrelevant to the pending malpractice action against him.” Observing that an attorney's signature on a complaint constitutes, among other things, a certification that the signer has conducted a reasonable inquiry into the grounds for the claim asserted, the court further found that “even the most limited investigation would have revealed that [Berg] had no standing to raise such a claim.” The court also found that Berg's claim was motivated by a “desire to harass” and “delay litigation.” The court fined Berg $10,000 and ordered him to attend six hours of ethics training.[5][6]

While Berg is often referred to as the former “Deputy Attorney General” of Pennsylvania, he was merely one of many such deputy attornies general; indeed at the lowest level, Deputy Attorney General I, Berg's level, there were more than forty such office holders.

23 posted on 02/18/2010 2:45:15 PM PST by tired_old_conservative
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To: Elderberry

Thus far there have been 65 court actions involving Obama’s eligibility including 7 at the US Supreme Court. The scorecard is Obama: 65/Plaintiffs O


24 posted on 02/18/2010 3:25:59 PM PST by jamese777
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To: jamese777

Yea. That deck has been stacked for a long long time.


25 posted on 02/18/2010 3:54:14 PM PST by Elderberry
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To: Elderberry

That’s why I favor trying the criminal side instead of the civil lawsuit side of the judicial system.
Any prosecuting attorney in the nation could initiate a Grand Jury investigation. Prosecutors go on legal “fishing expeditions” all the time. That way Obama’s original birth records could be subpoenaed and examined by experts under oath.


26 posted on 02/18/2010 5:14:07 PM PST by jamese777
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To: jamese777

I agree. I always felt that he should have been pursued for getting all those campaign donations under false pretenses.


27 posted on 02/18/2010 6:31:13 PM PST by Elderberry
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To: Frantzie

The Anti-birthers are worried and troubled about MANY things ( “ we need to focus on other issues instead of this losing birther issue, it’s a waste of time “ ) .....


28 posted on 02/18/2010 7:14:28 PM PST by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: Elderberry

obumpa


29 posted on 02/18/2010 9:30:08 PM PST by Dajjal (Obama is an Ericksonian NLP hypnotist.)
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To: Elderberry

I favor a grand jury investigation for forgery/fraud concerning his Certification of Live Birth. Any prosecuting attorney in the nation where Obama’s name was on the ballot could initiate the “fishing expedition.”
According to The Center for Responsive Politics which tracks campaign contributions, 90.2% of Obama’s contributions had full disclosure, 3.7% had partical disclosure and 6% had no disclosure.
That compared with 87.2% full disclosure for John McCain, 3.6% partial disclosure and 9.2% no disclosure.
There’s probably no “there” there.


30 posted on 02/19/2010 11:01:23 AM PST by jamese777
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