Fraud on the court occurs when the judicial machinery itself has been tainted, such as when an attorney, who is an officer of the court,
is involved in the perpetration of a fraud and/or makes material misrepresentations to the court.
ABA Rule 1.2(d).
A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences
of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.
#1.
Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, & upon which the other person relies with resulting injury or damage.
(a)
Fraud may also be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading.
#2. To constitute fraud, a misrepresentation or omission must also relate to an 'existing fact', not a promise to do something in the future, unless the person who made the promise did so without any present intent to perform it or with a positive intent not to perform it. The false statement or omission must be material, meaning that it was significant to the decision to be made. For injury or damage to be the result of fraud, it must be shown that, except for the fraud, the injury or damage would not have occurred.
#3. To constitute fraud the misrepresentation or omission must be made knowingly and intentionally, not as a result of mistake or accident, or in negligent disregard of its truth or falsity. Also, the plaintiff must prove that the defendant intended for the plaintiff to rely upon the misrepresentation and/or omission; that the plaintiff did in fact rely upon the misrepresentation and/or omission; and that the plaintiff suffered injury or damage as a result of the fraud. Damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud.
■ Patrick Arendt chose to aid & abet Five Skies initial fraud & subsequent flagrant disregard of statutory laws, violations of DSPS regulations, and the Uniform Dwelling Code.
■ Patrick Arendt chose lies, misrepresentations, and omissions of facts to cover up the actions of his client in his communication to the DATCP and in his filing with the Wood County Circuit Court.
■ Patrick Arendt participated with Five Skies in both coercing the calendaring & subsequent cover-up of the bogus appointment of 9/20.
■ Patrick Arendt claimed that his 5 day Quit/Pay notice with false information was not retaliation only (two) 2 days after the not-to-code, no-permit stairs that resulted in my injuries were repaired
and four (4) days after my visit to Saratoga's Building Inspector. The five day notice for non-payment of rent which had been paid in accordance with §704.4(4)) was pretextual as confirmed by a
single sentence in Arendt's cover letter accurately describing their true motivation.
■ Patrick Arendt doesn't bother to comply with the rules regarding process: did not post, did not mail, published.
■ Patrick Arendt defrauded the Court when he filed a claim for my eviction with false information ten days after I notified the Wisconsin Department of Health regarding the water.
■ Nick Kedrowski, General Agent for Five Skies, fraudulently leased unit 6 to me with intentional misrepresentation of facts, withholding facts, and a positive intent not to make necessary repairs.
■ Over five (5) months (May-September), Five Skies chose not to make the necessary repairs to windows, door, and especially the iron filled water.
■ Five Skies ignored, chose to violate, and/or decided that Wisconsin's laws, regulations, and building codes did not apply to them:
► ten (10) Wisconsin statutes: 704.03(5), 704.08, 704.44, 704.07, 704.07(2)(a)1-4 704.07(4), 704.14, 704.45, 704.90(4b)(b), 710.15(2m)
► five (5) DSPS regulations: SPS 326.15, SPS 326.25, SPS 381-387, SPS 321.04(2)(e), SPS 321.04(2)(a)1
► the Uniform Dwelling Code and failed to obtain the required building permits for both stairs and plumbing. They chose not to build the stairs to code resulting in my physical injuries.
■ Fully aware of the quality of the water in unit 6 on or before 3/16, they advertised the unit as "available now" on 3/24 without making any correction. Instead, they would terminate my one
year lease 63 days after I moved in because they would not make the repair Nick himself described as necessary.
■ They chose to hire an off-the books plumber who was engaged in felony stalking a woman rather than completing the no permit-cash job at unit 6 over 39 days of no-show appointments.
■ Scheduled for completion mid-May; plumber's last visit 5/31 only to pick up the old water heater left on lawn since 5/08; arrested on 6/05, in jail on 6/13; still texting him 6/17 re finishing the
job. Informed by Nick on 7/01 that plumber would not return; job was not completed.
■ Five Skies chose to ignore §704.07(4) intending to collect full rent while making none of the repairs to door, windows, or water despite eleven (11) notifications 5/10 - 9/06.
■ When informed of my visit with the Building Inspector re stairs not to code and no permit, they hired Arendt to write a letter that accompanied a 5 day notice to Quit/Pay with false information
& in which Arendt revealed their true motivation.
■ Ten (10) days after I contacted the Wisconsin Dep't of Health regarding the water & informed of my payment of September rent in accordance with our previous agreement & §704.07(4), they
chose to work with Arendt to file a claim for my eviction with false information defrauding the Court.
Like anyone looking for a place to rent, I had to rely on the landlord's verbal (3/27) & written information (emails 3/24-4/15) to make the decision to rent this unit.
Having only the inaccurate, misrepresented information & unaware of the information he chose to withhold, I made the decision to choose this unit over the other
two units under consideration resulting in both injuries and damages.
Documentation of Five Skies fraudulent rental of the unit & subsequent violations of laws, regulations, & building codes is provided below and on the other pages of this website.
Arendt's participation & cooperation in their fraud begins at 9/16. Arendt's misrepresentations of facts, distortions of truth, and lies to the DATCP in an attempt to cover-up Five Skies transgressions are here.
Five Skies filed claim for eviction of previous tenant of #6 with addendum of unknown damages (see 2 pages)__________
Filed list of damages: The only physical damage noted: bedroom door in the amount of $30.00.________________
See Fraud #1 above________________________________
See Fraud #3 above________________________________
Iron 8.0ppm; EPA GRAS is 0.3ppm. 2,667% OVER GRAS.
7/17-9/10:
56 days (1 month + 25 days) without hearing one word from Five Skies after they had received FULL AUGUST RENT.
Four (4) months since 5/10:
the initial notification of necessary repairs: 1/3 of my one year lease.
Arendt's misrepresentations of facts, distortions of truth, and lies to the DATCP in an attempt to cover-up Five Skies transgressions begins:
UNDER CONSTRUCTION