40199234 buczek 20100223 demand to dismiss for selective prosecution doc 68

8/3/2019 40199234 Buczek 20100223 Demand to Dismiss for Selective Prosecution Doc 68

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International incident under U.P.U. Universal Postal Union-Berne, Switzerland

I am: me, Authorized Representative for SI-IANE CHRISTOPHER BUCZEK or any derivative thereof In care of 7335 Derby Road Derby, New York, America Non Domestic without the US

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK BUFFALO DIVISI

ON Case No.1 :08-cr-054-WMS-HKS ./ 09-cr-121-WMS-HKS V 09-cr-141-WMS-HKS UNITEDSTATES OF AMERICA Plaintiff Vs. SHANE CHRISTOPHER BUCZEK, Shane Christopher Buczek, or any derivative thereof, (fictions) Defendant SPECIAL RESTRICTED APPEARANCE by me: Shane, hereinafter: I, me, my, mine and myself: Within the Admiralty

GLOBAL DEMAND TO DISMISS FOR MALICIOUS, SELECTIVE, VINDICTIVE PROSECUTION AND DISQUALIFICATION OF AUSA ANTHONY BRUCEBy AFFIDAVIT I am: me, a living, breathing man, created in the linage and likeness of almighty God; appearance with his global demand to dismiss for reasons ofvindictive prosecution as follows;

HISTORICAL FACTS AND HISTORY

On or about March 4th, 2008 the living man known as shane was indicted for an alleged Page 1 of12GLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION


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International incident under U.P.U. Universal Postal Union-Berne, Switzerland 3violation of 18 USC Sec. 100 1, 18 USC Sec.lS42 and 18 USC Sec. 1028. After pretrial proceedings AUSA BRUCE offered Shane a plea bargain of probation in exchange for a guilty plea by Shane, which shane rejected. UNITED STATES MAGISTRATE JUDGE KENNETH

SCHROEDER, JR. had shane committed for a psychological evaluation. (See Exhibit

A) UponcompeHation of said evaluation AUSA BRUCE again continued his vindictive prosecution with no real party of interest. (See Exhibit BRule 17 Real Party in interest). Thereafter said AUSA BRUCE had two additional indictments issued against shane, with no real party and in addition to having shane remanded into custody again for the (4th) forth time! a purported bail violation. (See Exhibit C Bail Violation) & (See Exhibit F Story of August 13-21,2009) During this period said AUSA BRUCE wrote more than twenty(20) letters to shane demanding shane accept saidplea barging as follows;(See Exhibit D Emails & Letters) On August 20, 2009 Magistrate Schroeder made a statement that the prosecution was vindictive and retaliatory. (See Exhibit E Transcripts August 17&20,2009) August 20,2009 at page 14;I know how the initial charges were laid was due to the time that's being taken

up by the Internal Revenue Service dealing with certain individuals, not just perhaps this defendant, but other individuals that are part of the sovereign citizen movement.

MAGISTRATE JUDGE SCHROEDER: In the context of these three indictments. Mr. Brucewas all upset about how he was communicating terrible things as it related to the three indictments. MR. BURGASSER: But also when we go to the order adding aGLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION


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International incident under D.P.D. Universal Postal Union-Berne, Switzerland 31condition of release, again, I didn't think the Court was being very fair bothto the Government, as well as to Shane, by setting up a way that he could contact even the Internal Revenue Service or the Treasury Department, but it had to dowith a specific format. And in one sense if there was going to be a telephone call or some other form of contact, there needed to be one day notice; if it's going to be something written or something that was going to be filed or mailed to

them, there was supposed to be two day notice so it could be reviewed by Pretrial. If Pretrial agreed with it, it could go; if not, it could be brought to theCourt and the Court would make a ruling on it. And, obviously, that didn't occurin this case. MAGISTRATE JUDGE SCHROEDER: All right. Now, let me address the other issue with respect to Pretrial Services. I, quite frankly, am -- I won't even say somewhat. I, quite frankly, am disturbed about the way this whole thing generated. We have a simple alleged bail violation. If Mr. Bruce really was concerned about the bail violation, as we do in practically all cases, the Governmentmerely needs to file a motion with an affidavit saying we believe that the defendant is in violation of terms and conditions of bail and we're moving to have his bail revoked. I have some real serious problems with Mr. Bruce unilaterally communicating with the Pretrial Services Unit of the United States Probation Offic

e, which is there to serve the Court, not the US. Attorney's Office, having these conversations. And I'm not sure what it is Mr. Bruce told Mr. Kawski, but I will say to you in all candor that I am of the opinion that Mr. Bruce may have even mislead Mr. Kawski as to the seriousness of this violation or the content of what these documents were that constituted a violation to the point that he got Mr. Kawski to request an arrest warrant. And then Mr. Bruce doesn't go to me, hedoesn't go to Judge Skretny, he ends up in front of the chief judge of the district and gets that arrest warrant. In the past, in much more serious cases, including serious drug cases, people have been brought in on a summons when there's aclaim of a bail violation. And when I look at the totality of the circumstancesin Page 3 of12GLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION


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International incident under UP.U Universal Postal Union-Berne, Switzerland

these three indictments, I am rapidly coming to the conclusion-without making aformal legal finding -- that Mr. Bruce is bent on a path of vindictiveness and retaliation against this defendant. He reminds me -- and my memory doesn't serveme well enough to pull up the name -- but he is the inspector from Les Miserables who would spend 20 years chasing the man who stole a loaf of bread because he

was starving. Doesn't the United States Attorney's Office have more important things to do? Crime running rampant out there, young kids blowing their heads offevery day, the drug scene out there just outrageous, innocent people can't evendrive down the streets without being shot at, and here we're spending this timeon this ridiculous nonsense. MR. BURGASSER: Your Honor,just one thing as to whatyou said. It's my understanding -- and this is hearsay from Mr. Bruce -- he advised me that he did contact your chambers and was told that there were no matters pending before MAGISTRATE JUDGE SCHROEDER: There weren't. All my motions had been decided. MR. BURGASSER: And they were told they should go to the district court. It's my understanding, from Mr. Bruce again, that Judge Skretny was not available -- I don't know if Judge Skretny was available or not available, but that's how it ended up in front of Judge Arcara. MAGISTRATE JUDGE SCHROEDER: Oh, I k

now that. My point is why didn't he just file a motion saying it's the Government's position that Mr. Buczek is in violation of bail, we're moving to have his bail revoked, instead of going and getting Mr. Kawski involved, getting the Probation Office involved and getting an arrest warrant? We could have brought this all here on the motion. MR. BURGASSER: Your Honor, obviously, I don't have an answer for that. I wasn't involved thereMAGISTRATE JUDGE SCHROEDER: I know you weren't.

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International incident under u.P.U Universal Postal Union-Berne, Switzerland

MR. BURGASSER: -- I was asked by Ms. Mehltretter and Mr. Bruce to come and handle the revocation. Again, I'll carry that concern back. MAGISTRATE JUDGE SCHROEDER: I am afraid it won't do any good. MR. BURGASSER: Well, I'll still carry thatconcern back. MAGISTRATE JUDGE SCHROEDER: No, I understand because what happenedafter the last alleged bail violation is Mr. Bruce ran to a grand jury and we h

ave one of the indictments charging -which is another unheard of thing in this district, going to a grand jury on a bail violation ofthis nature. MR. BURGASSER:Your Honor, as I said at the beginning, you know, we're looking at one defendant. I think, again, on behalf of the Internal Revenue Service that are our officeis representing, that this has been an ongoing problem. I believe that I have the agent here who, if you would like to speak to her, put her under oath, she would be willing to address the reasons behind Mr. Buczek, the amounts of paperwork and liens and other documents MAGISTRATE JUDGE SCHROEDER: If that same effortwould be utilized to go after the millionaires in this country who dodge our taxes, who have hidden accounts in Switzerland, who have all kinds of underground income, we wouldn't have the deficits we have. MR. BURGASSER: Well, I believe they're attempting to do the Swiss bank accounts. MAGISTRATE JUDGE SCHROEDER: Well,

they seem to be taking an awful long time to even get the ball rolling. So don't tell me about them spending a lot of time and hours on this kind of a case. MR. BURGASSER: Well, the amount of documents that are filed by this group, sovereign citizens -

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International incident under u.P.u. Universal Postal Union-Berne, Switzerland

MAGISTRATE JUDGE SCHROEDER: That's something different. We're dealing with an individual, Mr. Buczek. This is an organization that's in existence throughout theUnited States. If the IRS has concerns about a national organization, they certainly have the tools and the manpower and the muscle in Washington, D.C. to do what needs to be done, but not picking on one individual in Buffalo, New York is

going to resolve the problems with this national organization, and to say otherwise would be an insult to my intelligence.

POINTS AND AUTHORITIESAUSA BRUCE has engaged in malicious, selective, vindictive and retaliatory prosecution of shane, for exercising his First Article of Amendment right of association and freedom of expreSSIOn. When shane rejected the offered plea barging AUSABRUCE had shane indicted on two additional cases and help inspired a psychiatrist examination offive months. AUSA BRUCE filed additional indictments in an attempt to coerce shane into a plea barging in violation of the

CONVENTION AGAINST TORTURE, CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT

.Article I; Article 11. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such painor suffering is inflicted by or at the instigation of or with the consent of acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

GLOB{\L DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION

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International incident under u.P.U Universal Postal Union-Berne, Switzerland

AUSA BRUCE has violated shane's First Article of Amendment to the National constitution by prosecuting shane for allegedly being a part of the sovereign citizenmovement. (See Exhibit E Transcripts)

Amendment 1 - Freedom ofReligion, Press, Congress shall make no law respecting a

n establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people of grievances. peaceably to assemble, and to petition the Government for aIn addition AUSA BRUCE is violating THE COVENANT ON CIVIL AND POLITICAL RIGHTS;

Article 221. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (order public),the protection of public health or morals or the protection of the rights and fr

eedoms of others. This article shall not prevent the imposition oflawful restrictions on members of the anned forces and of the police in their exercise of thisright.

MALICIOUS SELECTIVE VINDICTIVE PROSECUTIONThe Supreme Court has stated the very purpose of instituting criminal proceedings against an individual is to punish; therefore, the mere presence of a punitivemotivation behind prosecutorial action does not render such action constitutionally volatile.~~~~~~~~"""-,,,-,-,,,-~,,-,-,,,-,~~~~-,-,-~~.

~~~~~~-'=-=C!'~

However, "[t]o punish a person because he has

done what the law plainly allows him to do is a due process violation 'of the most basic sort.' "Id. (quoting

While a prosecutor may penalize a defendant for violating the law, a prosecutormay not punish a defendant for "exercising a protected statutory or constitutional right." Goodwin, 457 U.S. at



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372, 102 S.Ct. at 2488. Therefore, the focus in analyzing a claim ofprosecutorial vindictiveness must be whether If 'as a practical matter, there is a realisticor reasonable likelihood of prosecutorial conduct that would not have occurredbut for hostility or punitive animus toward the defendant because he exercised his specific legal right.'

Since vindictive prosecution claims often turn on the facts of the case, to review a district court's factual findings under the clearly erroneous standard, while to review the legal principles guiding the district court de novo. Raymer, 941 F.2d at 1039 (citing ~~~~~~~~~!2-!~~(3d Cir.), cert. denied, 493 U.S. 995, 110 S.Ct. 546, 107 L.Ed.2d 543 (1989. To establish a claim of vindictive prosecution, the defendant must show either: (1)actual vindictiveness or (2) a reasonable likelihood of vindictiveness, which then raises a presumption of vindictiveness. Raymer, 941 F.2d at 1040. Once the defendant successfully establishes either, the burden shifts to the prosecution tojustify its decision with "legitimate, articulable, objective reasons." Id.If the defendant is unable to prove actual vindictiveness or a realistic likelihood

of vindictiveness, a trial court need not reach the issue of government justification. Id. The presumption of vindictiveness has already been established at theAugust 20,2009 hearing by Magistrate Judge

KENNETH SCHROEDER, JR., and is unrebuttable.

In the present case, shane asserts actual malicious, selective vindictiveness, which is confinned by the statements of Magistrate Judge Schroeder at the August20,2009 hearing. Generally, where, as here, a modification in a charging decision follows a mistrial occurring for neutral reasons, such as a hung jury, and without objection from the government, no presumption

GLOBAL DEMAND TO DISI\.lISS FOR VINDICTIVE PROSECUTION


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International incident under U.P.U. Universal Postal Union-Berne, Switzerland 3of vindictiveness is raised because there is no reason why the prosecutor wouldconsider the defendant responsible for the need for a new trial. ==c..==---'-'-'==-=~==--"-"-'~~~~~4'Nevertheless, the Supreme Court has refused to adopt per se rules in the prosecutorial vindictiveness context. Id. at 1521. Consequently, to determine whether areasonable likelihood of vindictiveness exists, we must look to the totality of

the objective circumstances surrounding the prosecutorial decision. Id.

Because the government added the new charges against shane after the assertion of his right to a trial, the "totality of the circumstances" test must be appliedto conclude there is prosecutorial misconduct present.(en banc) ("Nor does the prosecutorial practice of threatening a defendant withincreased charges if he does not plead guilty, and following through on that threat if the defendant insists on his right to stand trial, create a presumption of vindictive prosecution. II (internal quotation and citation omitted; cf. Garza-Juarez, 992 F.2d at 907 (presumption arose, but was rebutted).~~L30..~~~"'-"-=~~-'-'-"~"""-'~~'-'-J.

can even occur in a pretrial setting, as was the case here. See, e.g., Paradisev. CCl Warden, 136 F.3d 331,335 (2d Cir.1998) ("this court has consistently adhered to the principle that the 'presumption of prosecutorial vindictiveness doesnot exist in a pretrial setting. "' (quoting United States v. White, 972 F.2d 16, 19 (2d Cir.1992)) (internal quotation marks omitted)); United ... However, inthe present case the presumption of malicious, selective, vindictive prosecutionis unrebuttable, leaving no need to continue to trial to detennine malicious, selective, vindictive prosecution. It has already been established by MagistrateJudge Schroeder on August 20, 2009.(See Exhibit E)



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Pearce and Black ledge therefore establish, beyond doubt, that when the prosecution has occasion to reindict the accused because the accused has exercised someprocedural right, the prosecution bears a heavy burden of proving that any increase in the severity of the alleged charges was not motivated by a vindictive motive. 1 We do not question the prosecutor's authority to bring the felony charges

in the first instance (see United States v. Brown, 482 F.2d 1359, 1360 (9th Cir. 1973)), nor

A prosecutor violates due process when he seeks additional charges solely to punish a defendant for exercising a constitutional or statutory right. See Bordenkircher v. Hayes, 434 U.S. 357,363, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978); Hernandez-Herrera, 273 F.3d 1213, 1217 (9th Cir.2001). To establish a claim of vindictiveprosecution, the defendant must make an initial showing that were added becausethe accused exercised a statutory, procedural, or constitutional right. Magistrate Judge Schroeder Jr. on August 20, 2009_established the unrebuttable presumption of malicious, selective vindictive prosecution~ CONCLUSION Thus, for the above reasons, shane moves to dismiss the government's cases against him and to dis

miss the indictments in this matter which should not and cannot be prosecuted because Mr. BRUCE is filled with malice and vindictiveness toward him. AUSA Brucehas a personal animosity towards shane for his purported political beliefs of asovereign citizen. AUSA BRUCE must be disqualified from prosecuting the presentcases against shane. Wherefore: shane respectfully requests the present indictments be dismissed with prejudice Page 10 of12GLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION


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and AUSA BRUCE be disqualified. Affiant further sayeth naught.

BY:

-----~~------~~~

Without preju All rights Rese lam: me C/o 7335 Derby Road Derby, New York, America Non Domestic without the US DA}e DJ. 2 0 If)

LINDA M. POTWORANOTARY PUBLIC. STATE OF NEW YORK

a1/

QUALIFIED IN ERIE COUNTY

'Mf COMMISSION EXPIRES FEB. 28, 20..L9

Exhibit A. PSYCHIATRIC REPORT By: Nubia J. Swain, M.D. & Shawn E. Channell, Ph.D, ABPP Forensic Psychologist and Stephanie Byrd, M.S.Psychology FMC Devens Exhibit B. Rule 17 Real Parties Exhibit C. False Arrest & Bail Violation Exhibit D. ANTHONY BRUCE Letters & Emails Exhibit E. Transcripts from August 17 & 20, 2009 Exhibit F. JURISDICTION Exhibit G. The Story Exhibit H. Case 648 F2d 1264 Beard v. G Udall: Summary judgment in civil rights brought under 42 USC Sec. 1983 affinn



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International incident under UP.U Universal Postal Union-Berne, Switzerland

t'rJ CERTIFICATE OF SERVICEOn this the day of~, 2010, a true and correct copy was personally delivered to the Clerk of the Court and opposing counsel by hand delivery by MICHAEL ROEMER

iJ~i

All rights Reserved


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Nubia J. Swain. M.D.1055 Zinnia Cr. Nipomo. CA, 93444 Oiplomate of the American Board of Psychiatryand Neurology

I of5 PSYCHIATRlC REPORT Re: Shane C. Buczek

D.O.8.:_Evaluation dates: 05-29-08 and 6-09-08 Report Date: 06-09-08 Forensic Opinion: Mr. Buczek is competent to Stand Trial. Basis for Forensic Opinion: The basis forthe above forensic opinion is the result of a complete psychiatric evaluation that demonstrates that Mr. Buczek does Dot suffer from any major mental disease or disorder at this time or at the time of the alleged acts with which he is charged. Mr. BUC7.ek is capable, knowledgeable and appreciates the nature of the proceedings against him. Because of the absence of any major mental disorder cUlTentiy and in the past. he does not need any psychiatric medications or treatmeot at this time. To illustrate these findings, Mr. Buczek has functioned in an appropriate manner in all realms of the activities of daily living and work since his

evaluation by Michael Brannon. Psy. D. On 02-17-2007, over one year ago. Competency Findings: I) Mr. Buczek was not suffering from a mental disease or disorderthat rendered him mentally incompetent to understand the nature and consequences of the acts for which he is charged. 2) Mr. Buczek is not currently sufferingfrom a menw disease or disorder that renders him menlaily incompetent to presently stand trial. 3) Mr. BUC7.ek is not currently suffering from a mental diseaseor disorder that renders him mentally incompetent. He is able to understand thenature and consequences of the proceedings against him. 4) Mr. Buczek is not currently suffering from a mental disease or disorder that renders him mentally incompetent to assist and cooperate properly in his defense with bis Attorney. S) Mr. Buczek is currently capable to understand and appreciate the implications andand ramifications oftbe legal process. 6) Mr. Buczek is currently capable to understand and appreciate the rcmge and nature oflhe possible penalties that might

be imposed against him. 7) Mr. Buczek is currently capable to behave appropriately in court and testify relevantly.

License No. C519228 DBA No. BS 124582 J

Tel: (630) 415-9469 Fax: (805) 929-0428

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Nubia .J. Swain, M.D.

1055 Zinnia Cl. Nipomo, CA, 93444 Diplomate ofthc American Board of Psychiatry and Neurology

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CONTINUE COMPETENCY FINDINGS;

Diagnosis: AXIS r: No diagnosis or condition on Ax.is I AXIS II: Diagnosis or condition referred AXIS m: No diagnosis AXIS rv: Legal Problems AXIS V: 82

Complete Psychiatric Repon foUows:

License No. C51928 DEA No. as 1245821

Tel: (630) 4l 5-9469 Fax: (805) 929-0428

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Nubia J. SwaiD9 M.D.

1055 Zinnia Ct. Nipomo, CA, 93444 Diplomate of the American Boare of Psychiatryand Neurology30fS

PSYCI ITA TRlC REPORT

ID: Mr. BUC7.ek is a 38 y.o. Single, CallCaSian maJe, who has no children, residing in Delray Beach, Florida. Referred for a Psychiatric Evaluation by his attorney Mr 10hnathan Altman.

CC: Mr Buczek says that he is facing a Competency Hearing in the State of New York in a few weeks.

PRESENT HISTOR Y: Mr. Bua.ek says that he came here willingly for the evaluation. He says he been cbarged with several alleged acts including: Harassment, Impersonating an Officer. Fraud. Mr. Buczek says that his Jegal difficulties startedwhen he decided to begin using the Liberty Dollar as currency to purchase merchandise in some local stores in Buffalo, New York. His understanding is and wa...at those times that it is not against the law to do so. lie says charges arose after an incident at a Hokey game when his sister decided to pay with the LibertyDollar for her refreshments at a stand at the Hokey A~na. He says thai securityat this facility detained him, and he and his father were questioned and charged with above alleged acts. Me.Buczek says he became interested in learning aboutthe Constitution. USA Currency and the USA Taxing System in the Summer of2oo3.He hasjoined several organizations and attended lectures about the Constitutionand Civil Rights. He is a supporter of the presidential candidate Ron Paul and a

gn:es with what the candidates stands for. Mr. Buczek feels he is wrongly accused and feels his civil rights were violated when he was arrested and sent to jailafler several agenci~ searched his parents home for several hours and for no apparent reason looking for his passport. Mr. Buczek denies any mood swings or periods of depression lasting more than 2 weeks. His sleep has become less restfulsince he has been dealing with current legal problems. Regarding his eating he has foWld himself snacking more during stressful days when dealing with current charges, gaining a few pounds. DEVELOPMENTAL HISTORY:

Mr. Buczek is the oldest offive children. His parents were very young when theyhad him and because of it his parents had marital difficulties including financial problems leading to a couple ofperiods of separation. They lasted several months, the fIrSt one when he was 5 y.o. The parents reconciled and have remained together since 1979. Due to the 10years difference between tUm and his sister, he grew up as an omy child. His parents were religious and his father was very strict. As a child they aUtmded theChristian church: World Wide Church of God in Pasadena, California. Because of financial difficulties he grew up in a modest home and neighborhood. He denies any childhood traumas or abuses but remembers been teased at school. Mr. Buczek says he was good at playing sports (bockey) and his life changed when he was givenpermiSSion to attend and play sports at a new high school located in a wealthyneighborhood. His self esteem was lifted and he did very wcU academically also.

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Nubia J. Swain, M.D.

1055 Zirmia Ct. Nipomo, CA, 93444 Diplomate of the American Board of Psychiatryand Neurology

40f5CONTINUE PSYCHlATRlC REPORT:

SOCIAL HISTORY: Mr. Ruc7.ek is a coJlege graduate, has a Bachelon; in Science degree in Physical Education and a Teaching Certificate. He has never married andhas no children. Currently, he is employed at a ramily business related to inspection and management. He also does part lime trading in the stock market. He enjoys his current job and has been employed for at least 5 years. He does not smoke tobacco, denies use of any illicit drugs or abuse of prescription drugs. O~ion

ally has an alcoholic drink al social gatherings. FAMILY HISTORY: Mr. Buczek isthe oldest of 4 children, has a sister 10 years younger, 27 y.o., two brothers ages 22 and 24. All in good health. Mother is 57 y.o., alive and in good health.Father is 58 y.o., alive and in good health. There is no family history of psychiatric problems, drug addiction, alcoholism or criminal history. There is no history of major medical, genetic or hereditary problems.PAST PSYCHIATRIC HISTORY: Mr. Buczek denies any previews history of psychiatricillness or treatment in any kind of setting or faA::i1ity. He saw Michael Brannon., Psy. D. on 02-17-07 mandated by court for a Competency Evaluation.

MEDICAL HISTORY: Mr. Buczek denies any medical problems at this time. He deniesever having a major illness. He denies any head trauma or loss of consciousnessin the past. He has not known drug allergies. Occasionally he has a backache. He

prefers to use alternative forms of medicine )ike acupuncture and relaxation techniques. He is not taking medications at this time. MENTAL STATUS EXAMTNA TION:Mr. Buczek arrived alone. He is a tall medium built young man. well groomed andcasually dressed. He was sociafly appropriate. He sat calmJy, had good attention and eye contact. He was alert. oriented by person, place, time and siruation.He was able to concentrate shown by his ability to spell the work WORLD backwards; he followed directions and responded appropriately to questions. His intelligence estimated at high average range. His speech was clear, goal oriented nonnaltone and rate. His thought process was sequential and coherent. He was able tocommunicate without any difficulties in a verbal and written matter.

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Nubia J.

SwailD~

M.D.

1055 Zinnia Ct. Nipomo. CA, 93444 Diplomate of (he American Board of Psychiatryand Neurology

5 of 5

CONTINUE MENT AI.. STA TIJS EXAMINA nON

Mr. Buczek was able to recognize and name familiar objects. His mood and affectwere euthymic and appropriate. Mr. Buczek is able to understand and use abstractconcepts by interpreting proverbs and idiomatic expressions like 'Don'ljudge abook by ils cover' or 'don't cry over spilled milk.' He is able to organize andfollow complex pJans and carry out actions (aU the planning involved in making this trip to arrive at this office from Florida}.Mr. Buczek's immediate. recent and remote memory were intact. He was able to do calculations. sUbtracting 7 from100 and 7 from that answer and SO on without any difficulties. He denied any visual or auditory hallucination. He denied any obsessions or compulsions. There was no mention of or found during the examination any cvidencc of a delusional system or paranoid beliefSUMMARY AND CONCLUSIONS: After the above complete psychiatric evaluation on 05-2908. a phone interview on 06-09-08 and review of internet literature related to t

he case, it is my professional opinion that Mr. BUC7.ek does not suffer from anymental disease or disorder currently or at the time of the alleged acts with which he is charged. Mr. Buczek is of sound mind and is competent to stand (rial and to cooperate in his defense with his lawyer. He was not mentally ill during the alleged acts nor is he currently. During the evaluation Mr. Buczek did not display any behaviors nor mention any materiaJ that meet the criteria for a Delusional Disorder or Bipolar Disorder. He does not bave any history of violent or assaltive behavioTS and I did not feel uneasy or threatened by him despite the fact that we were aJone in the office after hours). During the session he expressedhis knowledge about the Constitution and civil rights as well as his support for the Republican Candidate R.on Paul. He said that he shares MY. Ron Paul's political views which are public knowledge and shared by thousands of supporters forhis candidacy. Mr. Buczek is a very idealistic man who likes politics and learning about the history of this country. He is concerned about the financial situation in the country and Uying to find ways to keep himself financially secure bytrading silver and gold but this is a concern shared by millions of people in lhis cOWltry. Dr. Michael Brannon made a diagnosis of Delusional Disorder based on Mr. Buczek's verbalization of political issues that are the basis for the RooPaw campaign and are public knowledge and shared by thousand of peoples that have voted supporting his record as a Congressman. Delusional disorders are very uncommon, and even more so when there is no family history of psychiatric disorders.

Nubia 1. Swain, M.D.License No. CSl928 DEA No. as 1245821 Tel: (630) 4159469 Fax: (805 929-0428

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Notary JuratSTATE OF FLORIDA )

COUNTY OF BROWARD) I hereby certify that on this day, before me, an officer dulyauthorize to administer oaths and take acknowledgments, personally appeared Shane Christopher Bu.zcek known to me to be the person(s) described in and who executed the foregoing instrument who acknowledged before me that shelhe executed sa

me, and an oath was not

taken. Said person provided identification.Witness my hand and official seal in the County and State last aforesaid this:

Notarv PublIC Stare of Flonda

tt~T~4 /hr{/;i(~Y4-l .. 7~

Cl'lflsio;llle' PMip MarreroMy eo..,mtSSlon 00678919 ExpIres 0512812011

Notary Printed Name

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Ft"renslc I~ep(.!Tc '" .Page 5 G1 i (; BLXZEK, Shane. C F-eg. ",h 90656- 1 1. Apr] 27, 20()9

that meet the criteria for Delusional Disorder or Bipolar Disorder." Dc. Swain offered the opinion that "Dr. Michael Brax'!'rion l'nade a diagnosis of Delusional Disorder based orl Yrr. Buczek's verbalization of political issues that are ... public knowledge ar:d shared by thousand of peoples (sic) .. " Dr. S\vain opin

ed :


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:'vlr. Buczek ivas also administered the ?vfinnesata :-"Jultipnasic Personality lrrventory-Second Edition inve:itory desigr:ed TC assess an ir.dhi:dual's nersonality ~~hBr8.cteristics and eruotiona;. adjustment. The validit:~! indices of the:Vf\1PI-2 indicated the defe;lduFt responded :n :;; manner in \vhich he pr~sentedhimself 3$ very virt1.10JS and v,,-eH-~,d_;ustd. Su:::h", response style can affect the :-esulting ciir:lcsl prof!les by gi-.. ing doe: apt'carance the individuai is '.vell-adjusted and free of emotional problems and symptoms, vv-hen this i

s not actua:Jy the case Given \:fr Buczek's response style, the resulting clinical profile was not interpreted v C1MPT-2.). n;c M)..lPI-2 is a structured persona: it}

CLINICAL FOR.t\1ULA TION: There was no available information to suggest ~.Ir. Buczek has a history of mental health problems or treatment His presentation during the course of this evaluation did not suggest the presence of a major mental illness. Based on motions filed with the Court, th~ request for the current evaluation was prompted by the defendant's odd statements when interacting with the Court and his attorney. as well as a number of unusual communications he has hadwith his attorney, and letters he has sent both to his attorney and the Court. These behaviors, wben considered in isolation, do appear very unusual, possibly e

ven suggestive of delusional psychosis. Hm,vever, his statements, writmgs, and behavior are consisten~ with the "sovereign citizen movement." The sovereign citizen movement is a loosely organized collection of groups and individuals who have adopted beliefs originating in the theories of the Posse Comitatus in the 1970s. Adherents believe virtually ali existing government in the United States is iilegitirnate and seek to restore an idealized, minimalist government which neveractually existed. Sovereign citizen ideology claims at one time there was an America governed by "common law" in which every citizen was a "sovereigr;" and there were no oppressive laws, taxes, or regulations. However, a conspiracy gradually subverted the system, repl.acing it with an illegitimate successor. Differenttheorists have varying versions of this progressioJi, for example, some argue the government ha.s made its citizens property and utilized them as collateral infinanciai dealings. This is a belief central to the "redemption" movement. The r

edemption movement theorizes that the United States went bankrupt in 1933 whichresulted in the passing of House Joint Resolution (HJR) 192. Proponents argue there was no longer any legal money (e.g., gold and silver) and HJRl92 eliminatedthe ability to pay debts, allowing only for their discharge. "Redemption," alsoknown as "Accept for Value,"' further proposes that the physical bodies of United States citizens \vere converted into assets and then soid as bonds to be "redeemed." Proponents believe that in 1936, \-vhen Social Security was created, theUnited States Government began taking it's citizen's birth ce:1:ificates and placing them with the Department of Commerce as "registered securities." Birth certificates were said to be considered representa:ive of the iabor and work of thecitizen, including everything owned b) the citizen. Therefore, all citizens andtheir property were considered collateral fer bonds i.ssued by the government. The artificiai entity created by the govemment 1s known as the "strawman." The "stra\.1iman' is believed to be a corporate entity used by the government as financial collateral and can be identified through the use of uppercase letters (e.g.,JOHN DOE). The "sovereign'"


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man~"~ 1S identified through the use of both upper and fo\.v~! (:ase 1etrers (c.g.~ .rol~n Doe\ ?~nd is also ider:tifiec1 through the strategic use of colons and h:'Phens. Redemptit)nist.~ believe that by using d c.om.plicated process fheycar: regairJ their ~5tra\;:o,/mC~i.~~ One method ofdoi;-)g so involves the "Use oftne uniforrn Commerc;a; Code (Uce). One popular scvereign citizen manuaL Crack.ing the Code, describes the CCC as the ~egal means for "for':ifying your existence and deflecting all legal and financial assaults on your iredom. family, we


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}3t~;:ZLE~~. Sh2r,~,

,~pril

,7009

kn0\V if this outcome is Ekel)'. \l.Jhen as}~ed YV:tat ih.e v.-'orst case scenar

io \vould be., he -'I am alrca.dy irl it L~ 'The defendant expre:sseci ;1T:: ur'ld.erstanc.ir.g of c.ppf('!pr1at~ cotE"trOOrt, be}:a via-r- a~d repJ:ted he had never ~_ctcd O';]! if'! COl.Jrt I~Te re\~ognjzed ~~r~;:lt ta Ikir1g 1:


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~onsi~teftt \i\!ifn. . competence r-. 1'\ ~ , ,;'

factua1 and raIioria'i understanding of courtroorn pr


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> Rule 17

Rule 17. Parties Plaintiff and Defendant; Capacity(a)

Real Party in Interest. Every action shall be prosecuted in the name of the realparty in interest. An executor, administrator,

guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized bystatute may sue in that person's own name without joining the party for whose benefit the action is brought. No action shall be dismissed on the ground that itis not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for

ratification of

commencement of the action by, or joinder or substitution of, the real party ininterest; and such ratification,joinder, or substitution shall have the same eff

ect as if the action had been commenced in the name of the real party in interest.[emphasis by me](b) Capacity to Sue or Be Sued. The capacity of an individual, other than one acting in a representative capacity, to sue or be sued shall be detennined by thelaw of the individual's domicile. The capacity of a corporation to sue or be sued shall be detennined by the law under which it was organized. In all other cases capacity to sue or be sued shall be detennined by the law of the applicable state, except (1) that a partnership or other unincorporated association, which has no capacity by the law of its state, may sue or be sued in its common name forthe purpose of enforcing for or against it a substantive right existing under the Constitution or laws of the United States, and (2) that the capacity of a receiver appointed by a court of the United States to sue or be sued in a court of

the United States is governed by Title 28, U.S.c., Sections 754 and 959 (a). (c)Infants or Incompetent Persons. Whenever an infant or incompetent person has arepresentative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The courtshall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems properfor the protection of the infant or incompetent person.


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United States District Courtfor The Western District of New York Violation Report of Defendant Under Pretrial SupervisionDate: August 12, 2009 Name of Defendant: Shane Buczek Case Numbers: 1:08-CR-00054 1:09-CR-00121 1:09-CR-00141

Name of Judicial Officer: Honorable William M. Skretny, U.S. District Judge Char

ge: Title 18, U.S.C. 1001 (a)(2): False Statements; Title 18, U.S.C. 1542: FalseStatement in Applicatlon/Use of Passport; Title 18, U.S.C. 1028 (a}(4): FraudWi1h Identification Documents; Title 18, U.S.C. 1344: Bank Fraud; 18 U.S.C. 3147:Offense Committed While on Pretrial Release, and Title 18, U.S.C. 401: Contemptof Court. Initial Appearance Date: March 14, 2008 Release Date: March 14,2008 Bail revoked, psychiatric evaluation ordered: January 16,2009 Release Date: May 15, 2009 Bail: $10,000 signature bond with pretrial supervision to include electronic monitoring.

NONCOMPLIANCE SUMMARYThe defendant has not complied with the following condition(s) of release:

Violation Number Nature of Noncompliance1 You shall not commit any offense in violation of federal, state or local law while on release in this case.

Circumstances:On July 28,2009. the defendant sent an envelope via the U.S. Postal Service, First Class Mail, to Douglas Schulman, IRS Tech Support, Department of the IRS, Washington, D.C. This envelope contained what appears to be legal documents filed by the defendant in an attempt to file a lien against numerous individuals including, but not limited to, United States District Judge William Skretny. United States Magistrate Judge H. Kenneth Schroeder, Acting U.S. Attorney Kathleen Mehltretter, and Assistant U.S. Attorney Anthony Bruce.CONFIDENTIAL DOCUMENT NOT FOR PUBLIC DISCLOSURE - NOT TO BE FILED ON CM-ECF

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RE: BUCZEK, SHANE 1 :08CR-54-01

1 :09-CR-00121 1 :09-CR-00141After consulting with Assistant U.S. Attorney Anthony Bruce, it appears the subject has acted in violation of Title 18 U.S.C. 1521, Retaliating Against a Federal Judge or Federal Law Enforcement Officer by False Claim or Slander of Title. Attached are copies of the documentation described above.

Violation Number Nature of Noncompliance

2Circumstances:

You shall not commit any offense in violation of federal, state or loca/law while on release in this case.

On September 5,2008, U.S. Magistrate Judge H. Kenneth Schroeder, Jr., signed anorder prohibiting the subject from contacting the Internal Revenue Service concerning any matter other than his personal liability to file any return or pay any

tax imposed by the United States. As noted above, on July 28, 2009, the subjectmailed documents to the Internal Revenue Service that were unrelated to the criteria set forth by Judge Schroeder. The subject has been indicted for nine-counts of Contempt of Court (1 :09-CR-00141-001) for similar filings, indicating he is aware this is prohibited behavior. After consulting with Assistant U.S. Attorney Anthony Bruce, it appears the defendant, in addition to violating a release condition, has also violated Title 18 U.S.C. 401 (3), Contempt of Court. This documentation is attached for Your Honor's review.


3

The defendant shall not engage in any activity that can reasonably be constructed as a threat against any prosecutor, any United States Attorney's Office, any state prosecutor or law enforcement officer, any court officer, judge, probationofficer or pretrial services officer.

Circumstances:The documentation described above appears to be a financial threat against numerous government officials. This documentation is attached forYour Honor's review.

CONFIDENTIAL DOCUMENT NOT FOR PUBLIC DISCLOSURE - NOT TO BE FILED ON CMECF

Page 2


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RE: BUCZEK, SHANE 1 :08CR-54-01 1 :09-CR-00121 1 :09-CR-00141

Nature of Noncompliance

The defendant shall not file, attempt to file or conspire to file, any public record or in any private record which is generally available to the public, any false lien or encumbrance against the real or personal property of any member of t

he staff of the U.S. Attorney's Office, of the Court (including Probation and Pretrial Services), or of any agency involved in this case, including any DistrictAttorney's Office.Circumstances:The documentation described above appears to be a false lien or encumbrance filed against several individuals, including members of the federal judiciary, and U.S. Attorney's Office. This documentation is attached for Your Honor's review.


5Circumstances:

The subject shaJi not communicate with any government agency unless filed through the District Court Clerk's Office.

The documentation described above appears to have been mailed directly from thesubject to the Internal Revenue Service and not filed through the Clerk's Officeas ordered by the Court. This documentation is attached for Your Honor's review.


6

You are restricted to your residence at aU times, except for medical needs or treatment, religious services and court appearances pre-approved by the U.S. Probation Officer.

Circumstances:As the subject is acting as his own attorney, the subject has been authorized totend to legal work at the U.S. District Court Clerk's Office and various libraries containing legal resources for the subject's use in the defense of this case. The documentation described above appears to be notarized by an individual atan unauthorized location. This documentation appears to have no relation to thedefense of his case, indicating travel to this location is a violation of his release conditions.

CONFIDENTIAL DOCUMENT NOT FOR PUBLIC DISCLOSURE NOT TO BE FILED ON CM-ECF

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RE: BUCZEK, SHANE

1 :OBCR-54-0 1 1 :09-CR-00121 1 :09-CR-00141Adjustment to Pretrial Supervision: The subject has been on pretrial supervisionsince March 14, 2008, and violation behavior has been frequent. He has had numerous Court appearances and has been given ample time and comprehensive instruction to comply with the Court ordered conditions of release. It appears the subjec

t is either unwilling or unable to comply with the Orders of the Court. This memorandum is provided to the Court and U.S. Attorney's Office as information pursuant to Title 18, U.S.C. Section 31S4{S).

I declare under penalty of perjury that theforegoing is true and correct. Executed on Signed by:

~z/a ~Scott A. Kawski 7 U.S. Probation Officer Specialist Buffalo, NY

;;:;:;Jr-;:t ft..

cc: Anthony M. Bruce, Assistant U.S. Attorney Shane Buczek, Pro Se Defense

CONFIDENTIAL DOCUMENT NOT FOR PUBLIC DISCLOSURE - NOT TO BE FILED ON CM-ECF

Page 4


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