Practitioners may be hesitant to pursue a motion for sanctions based on suspicions of fraud given the seriousness of the allegations—and the perceived difficulties in obtaining sufficient evidence to support them. Over the last year and a half, federal courts nationwide have considered motions for sanctions in the context of parties engaging in fraud on the court. What those cases teach us is that when a party commits fraud, the interest in giving a party the chance to be heard in court is diminished by the interest in maintaining integrity in the judicial system. The trend is to show zero tolerance for fraud, which means that courts are willing to dish out the most severe sanctions for parties caught falsifying evidence. For practitioners, this also means that, under the appropriate circumstances, a motion for sanctions concerning a party’s willful misconduct may be a worthwhile pursuit.
The First Case
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