Thursday, December 29, 2011
PERJURY
PERJURY
Perjury occurs with a witness testifying under oath or affirmation gives false testimony concerning a material matter with the willful intent to provide false testimony. Materiality is one of the elements of perjury. It is said that a statement is material if it has a natural tendency to influence, or is capable of influencing, the decision of the decisionmaking body to whom it is addressed.
Unfortunately, we have heard of many cases where guardians and/or lawyers enter false information into the court record during guardianship proceedings. We have read cases in which the family members are portrayed inaccurately so a non-family guardian can gain guardianship for personal profit. We have read cases in which family members are portrayed inaccurately to the court by the guardian to elicit restrictions in visitation when the family members raise concerns over poor care of the ward or concerns over financial exploitation of the ward by the guardian. We have read cases in which the ward's medical condition is portrayed inaccurately for the purpose of a guardian trying to gain a new client.
Here is an excellent link to an overview of the federal law regarding perjury:
http://www.fas.org/sgp/crs/misc/98-808.pdf
If you feel that perjury has been committed in your loved ones' Cook County Probate Case, please contact the federal authorities.
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