3. RESPONDENT HAS BEEN SEEN GAMBLING AT MESKWAKI CASINO SINCEHIS REQUEST FOR DEFERRED FILING FEES. IF THE COURT WOULD SOCHOOSE TO SUBPOENA MESKWAKI CASINO, THE RESULTS WOULD VERIFYPETITIONER’S STATEMENT IS TRUTH, ALTHOUGH PETITIONER WASINFORMED BY HER FORMER ATTORNEY THAT ONE “CANNOT SUBPOENA ATRIBE”. IN RETROSPECT COUNSEL’S OBJECTIVES WERE TO CONTRIBUTEAS LITTLE AS POSSIBLE TOWARD HIS CLIENT’S INTERESTS AND NOTCREATE ANY MORE WORK DUE TO “PRO BONO” STATUS AND MAY HAVEGIVEN PETITIONER INACCURATE INFORMATION.
4.
IOWA CODE RULE 1.1017 SUPPORTS PETITIONER’S CLAIMS AS FOLLOWS:
FRAUDULENT ASSIGNMENT; MOTION. THE COURT MAY, ON MOTION, INQUIRE INTO THE ASSIGNMENT OF A JUDGMENT, OR ITS ENTRY TO THEUSE OF ANY PARTY, AND CANCEL THE ASSIGNMENT OR STRIKE OUT SUCH USE, IN WHOLE OR IN PART, WHENEVER IT DETERMINES THE SAME TO BE INEQUITABLE, FRAUDULENT OR DONE IN BAD FAITH. [REPORT 1943; NOVEMBER 9, 2001, EFFECTIVE FEBRUARY 15, 2002]
AND
IOWA CODE RULE 702.9 DECEPTION.
“DECEPTION” CONSISTS OF KNOWINGLY DOING ANY OF THE FOLLOWING:1. CREATING OR CONFIRMING ANOTHER’S BELIEF OR IMPRESSION AS TOTHE EXISTENCE OR NONEXISTENCE OF A FACT OR CONDITION WHICH IS FALSE AND WHICH THE ACTOR DOES NOT BELIEVE TO BE TRUE.2. FAILING TO CORRECT A FALSE BELIEF OR IMPRESSION AS TO THE EXISTENCE OR NONEXISTENCE OF A FACT OR CONDITION WHICH THE ACTOR PREVIOUSLY HAS CREATED OR CONFIRMED.
3. PREVENTING ANOTHER FROM ACQUIRING INFORMATION PERTINENT TO THE DISPOSITION OF THE PROPERTY INVOLVED IN
ANY COMMERCIAL OR NONCOMMERCIAL TRANSACTION OR TRANSFER.4. SELLING OR OTHERWISE TRANSFERRING OR ENCUMBERING PROPERTY AND FAILING TO DISCLOSE A LIEN, ADVERSE CLAIM, OR OTHER LEGAL IMPEDIMENT TO THE ENJOYMENT OF THE PROPERTY, WHETHER SUCH
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