Whether a six-year concealed fraud in a federal agency's personnel action can be protected from judicial procedures

QUESTIONS PRESENTED The 18 U.S.C. § 1001 Section (a) provides in pertinent part: “ ... whoever, in any matter within the jurisdiction of . .. the Government of the United States, , knowingly and willfully (1) falsifies, conceals, or covers up ...a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation ... Shall be fined under this title ... ” 29 U.S.C. § 633(a) provides in pertinent part that in the federal-sector “all personnel actions affecting employees , or applicants for employment who are at least 40 years of age ... shall be made free from any discrimination based on age.” The “Rule of Discovery” permits the statute of limitation to run when a concealed fraud is discovered. See Gabelli v. Sec. & Exch. Comm’n, 568 U.S. | 442 (2013). Rule 15(c)(1) of the Federal Rule of Civil Procedures (Fed. R. Civ. Proc.) permits “[a]ln amendment to a pleading relates back to the date of the original pleading when (A) the law that provides the applicable statute of limitations allows relation back; (B) the amendment asserts a claim or defense that arose out of the conduct . . . in the original pleading”. A fraud, if concealed and can only be unearthed by | discovery, may render its victim’s pleading prior to the discovery implausible due to the unavailability of critical evidence. While the Rule 15(c)(1) permits amending an originally inadequate claim within the consent of the statute of limitation, if a fraud discovered during procedure is prohibited from being added into claim as re . ii QUESTIONS PRESENTED Continued an amendment, particularly when this fraud is within a federal government’s official personnel action and had been successfully concealed for more than six years, and subsequent judicial proceedings treated it as not existing, the purpose of the 18 U.S.C. § 1001 is compromised, the “Rule of Discovery” is nullified, and violation of the 29 U.S.C. § 633(a) finds its new way. The presented questions thereby are: 1. Whether, or under what circumstance, a sixyear concealed fraud in a federal agency’s official personnel action allegedly violated the Age Discrimination Employment Act (ADEA) can be a part of government interest and thereby be protected by departure from accepted and usual course of judicial procedures. 2. Can the “Plausibility Pleading Standard” enunciated in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009) become a new defence of a fraudulent concealment? 3. Under the “Doctrine of Stare Decisis” and after Babb v. Wilkie, 589 U.S. ___, 140 S. Ct. 1168 (2020), whether the 29 U.S.C. § 623(a) and its “but-for-causa, tion” phrase can be continually applying to a federalsector ADEA claim, thereby nullified the “free from any” phrase of the 29 U.S.C. § 633(a). PARTIES The petitioner is Shaoming Song The respondents are (1) the Secretary, Department of Health and Human Service; (2) Michel Bernier, Staff Scientist, National Institute on Aging (NIA)/ National Institute of Health (NIH); (3) Michele Evans, Deputy Director of the NIA/NIH. STATEMENT OF RELATED CASES Note: Petitioner’s case had exhausted the Equal Employment Opportunity Commission (EEOC) procedures. When the EEOC’s Office of Operation (OFO) published its decisions on Petitioner’s appellate and request for reconsideration, it replaced Petitioner’s name with a pseudonym “Cristobal A” as complainant (App. 22, App. 34). Therefore, in the related cases provided below, for the EEOC procedures, in the EEOC database, the complainant’s name is a pseudonym “Cristobal A”, but the case itself is Petitioner’s case. 1. EEOC Procedures (1) Shaoming Song v. Sylvia Mathews Burwell, EEOC Nos. 531-2016-00206X, 531-2017-00040X, EEOC Administrative Court, March 30, 2017 (2) Shaoming Song, a/k/a Christobal A. v. Alex M. Azar IT, Appeal No. 0120172106, EEOC-OFO, September 19, 2018 iv STATEMENT OF RELATED CASES Continued (3) Shaoming Song alk/a Christobal A. v. Alex M. Azar II, Request No.