Keith Raniere v. United States

Whether credible allegations that government agents fabricated and planted evidence in a criminal prosecution—conduct that, in civil proceedings, constitutes “fraud on the court” exempt from any time limitation under Hazel-Atlas Glass Co. v. HartfordEmpire Co., 322 U.S. 238 (1944), and Federal Rule of Civil Procedure 60(d)(3)—may be denied judicial review based on procedural timeliness requirements when the government actively concealed its own fraudulent scheme.

Whether due process and fundamental fairness permits a court to deny post-conviction relief based on untested government declarations from witnesses who never testified in the case, without affording the defendant any opportunity for adversarial testing of their assertions, thereby reducing post-conviction review to a non-adversarial proceeding.