Supreme Court Petition Filed Alleging Fraud at FINRA Arbitration

On January 23, 2012, Petitioner Christopher Wanken filed a writ of certiorari (Case Number 11-939) with the U.S. Supreme Court against Respondents Raymond James Financial Services, Inc. and its branch manager, John Dwight Wanken, seeking review of the Fifth Circuit decision on Wanken v. Wanken, No. 11-102219, 2011 U.S. App. LEXIS 20014 (5th Cir. Tex. Sept. 29, 2011).

The questions presented are:

1. Can a court affirm a district court’s sua sponte conversion of 12(b)(6)
   motions to summary judgment despite affidavits of unresolved issues of
   material fact?
2. Can an appellate court act as a trier of fact in the absence of any evidence
   from the record to support its opinion? Can the court make its determination
   on statements made by a party regarding evidentiary documents never
   submitted to or reviewed by any court, including district court?
3. Does the Court’s affirming a flawed lower court’s order deny due process?
4. Does the affirming of a district court’s flawed order constitute countenance
   of fraud by the court and is it contrary to precedent and public policy?

The Response is due on February 29, 2012. Stay tuned.

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