buczek 20101012 judicial notice title 18 not law, etc 54 & 121 & 141

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45

Honorable court of record IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK

SHANE C. BUCZEK, a U.S. TRUST Petitioner

shane-christopher: buczek, as third-party intervener and Grantor / Beneficiary

V.

UNITED STATES OF AMERICA

~ 1 1:09-CR-00121-001/ 1:09-CR-00141-001

MANDATORY JUDICIAL NOTICE of Reponses TO: FOREIGN AGENT AUSA MR.ANTHONY BRUCE Court to take Judicial Notice under Federal Rules of

Evidence 201(d) and (1)

**Demand is hereby made to The United States Attornev's to Answer within *10 days*

MANDATORY JUDICIAL NOTICE OF REPONSE TO FOREIGN AGENT MR. ATHONY BRUCE *Failure to answer is silence. Silence can only be equated with fraud where there ilIe~al and moral duty to speak. or when inquiry left unanswered would be intentionally misleadin~. "US y Tweel (1977)550 F 2d 297. * (10) days to answer and (3) days Grace OPPORTUNITY TO CURE *COURT TO TAKE JUDICIALNOTICE UNDER FEDERAL RULES OF.EVIDENCE 201 (D) AND (F)

In the matter of SHANE C BUCZEK, a U.S. Trust, Petitioner, shane-christopher: buczek,

heretofore and hereafter "Petitioner", notices the court to take Mandatory Judicial Notice of

FOREIGN AGENT ATHONY BRUCE letter dated October 7th,2010 and below is response

to BOP "Harley G. Lappin, Director, Federal Bureau of Prisons", under Federal Rules of

Evidence 201 (d) and (t).

Dear Mr. Bruce,

I read your letter to me with amusement. You stated that you conducted your own

investigation into the Harley G. Lappin BOP Letter and that it was a fabrication. Did your

investigation entail more than one phone call? A government employee actually doing more

than one call would be shocking. Mr. Bruce, would you mind placing your findings in

affidavit form, sworn under the pains and penalties of perjury and signed by a notary and

10f7




V.


'" 1 1:09-CR-00121-001/ 1:09-CR-00141-001




MANDATORY JUDICIAL NOTICE OF REPONSE TO FOREIGN AGENT MR. ATHONY BRUCE *Failure to answer is silence. Silence can only be equated with fraud where there ilIe~al and moral dUty to speak. or when inquiry left unanswered WOUld be intentionally misleadin~. "US y Tweel (1977)550 F 2d 297. * (10) days to answer and (3) days Grace OPPORTUNITY TO CURE *COURT TO TAKE JUDICIALNOTICE UNDER FEDERAL RULES OF_EVIDENCE 201 (D) AND (F)






Dear Mr. Bruce,






10f7




V.


'" 1 1:09-CR-00121-001/ 1:09-CR-00141-001




MANDATORY JUDICIAL NOTICE OF REPONSE TO FOREIGN AGENT MR. ATHONY BRUCE *Failure to answer is silence. Silence can only be equated with fraud where there ilIe~al and moral dUty to speak. or when inquiry left unanswered WOUld be intentionally misleadin~. "US y Tweel (1977)550 F 2d 297. * (10) days to answer and (3) days Grace OPPORTUNITY TO CURE *COURT TO TAKE JUDICIALNOTICE UNDER FEDERAL RULES OF_EVIDENCE 201 (D) AND (F)






Dear Mr. Bruce,






10f7


placed into the record? Also, kindly ask the same for your FBI friend to submit an affidavit

under the penalties of perjury. To satisfy everyone's curiosity, perhaps we should subpoena

Harley Lappin, B.O.P. Director, his computer and his e-mail records to find out for sure

and ask him under oath whether he was involved in any way with that e-mail. But more

importantly, it was the content within that e-mail that is not a fabrication. Did your due diligence

take you into the Law library to look up the Congressional records to support your fantasy?

As you know, I have challenged the subject matter jurisdiction of this action. The burden to

prove you have it now shifts to you. Therefore, show me the certified documents from the

Congressional Records Office or Archives in particular; concerning Title 18, the amending of

H.R. 3190, on May lih, 1947, that shows a roll call of218 members of the House of

Representatives that passed with a Constitutionally seated Quorum. Sorry Bruce, the Roll Call

shows only 44 members were present.

A person with an experience is never at the mercy of a person with an opinion. I have the

Certified Documentation and proof. I have done my homework and conducted my research. That

is what evidentiary hearings are all about. We will see who is playing Pinocchio shortly. Isn't it

nice to know you have been living a lie all this time without jurisdiction and without your

protective immunities for all these years? I suspect however, you have known this for some

time. Meanwhile the Civil Case marches on. Your veiled threats in your letter never cease to

amaze me. You are like a bully that needs to meet his match. The paperwork in this case is your

match.

Lastly, it amazed me further what you omitted in your letter. You failed to show me your

Oath of Office, or that you are registered as a foreign agent under the Foreign Registration Act

of 1938, Green Card, Bonding agent, or that Title 18, Section 1344, lacks the supporting CFR's

to undergird the statute, or that you are conducting a prosecution by Fraud using Counterfeit

securities, lacking 'standing', trading my life labor and property for my credit on the stock

market all in violation of the SEC statutes with heavy criminal sanctions. Not to mention that the

plea deals caused you to violate the Fair Debt Collections Act. And that the statutes you quoted

in the passport case do not have any penalty sanctions attached to them as

your office admitted. Not to mention that both Pleas are void of the CFR's again and nor were

they placed into The Federal Registry in violation of such Act. Fraud vitiates everything from its

inception. Incidentally, did you ask the FBI while you had them on the phone ifit was Kosher to

20f7




















match.












20f7




















match.












20f7


prosecute manifold cases with Counterfeit Securities as you have done over the years and what

were the potential penalties you could incur, for doing so? Oh, you forgot? Don't worry, I will

ask the FBI witnesses for you at the evidentiary hearings. I think their testimony under oath will

be amended to my Civil Case.

Lastly, I will be notifying and filing a complaint against you to the Inspector General in

Washington, D.C. and this District Court of your continued harassment and threats of

intimidation to me. I am sure this violation in your jacket will be of value to you. I will send you

a copy of my letter to them (through the Clerk of the Court) and I will include a copy for them of

my Civil Case action that I have against you and also a copy of the transcripts of Magistrate

Schroeder calling you abusive and vindictive, etc., so they can evaluate your conduct in full.

Very truly yours,

BY:~IV!J2-(~ shane-christopher: buczek

BY:

as third party intervener and Grantor/Beneficiary/Petitioner for: SHANE C. BUCZEK a US TRUST All rights reserved Without Prejudice Without recourse UCC 1-308 IIJ·~ /1- ZolO

daniel-richard: buczek as third party intervener and Grantor/Beneficiary/Petitioner for: SHANE C. BUCZEK a US TRUST All rights reserved Without Prejudice Without recourse UCC 1-308

I am a peaceful man and inhabitant of the creation and most often located in the

geographic region known as New York Republic of America; SHANE C. BUCZEK is a

vested interest of the United States of America and/or the United States; I am settlor and

30f7











Very truly yours,


BY:






30f7











Very truly yours,


BY:






30f7


co-beneficiary to SHANE C. BUCZEK for the mutual beneficial use of the United States of

America and/or the United States by and through holders of offices of the public trust,

public trustees and myself. Any attempt to coerce, trick, deceive, induce by fraud or otherwise

move me to engage in disposition of the vested interest(s) of the United States of America shall

be considered an act of war, treason, and sedition against the United States of America and

will be reported to the appropriate public trustees charged with protecting same.

I, shane-christopher: buczek, declare under penalties of perjury under the laws of these

United States of America that the foregoing is true and correct to the best of my knowledge, is

made in good faith and is admitted if not rebutted. I certify that the facts stated herein are true

and correct under the penalty of perjury as provided by 28 USC Section 1746, that I am over the

age of 18, and that I have firsthand knowledge first hand of the facts stated herein are true and

correct.

**Demand is hereby made to The United States Attorney's to Answer within *10 days*

*Failure to answer is silence. Silence can only be equated with fraud where there is legal and moral duty to speak. or when inquiry left unanswered woUld be Intentionally misleading. II US y Tweel (1977)550 F 2d 297.* (10) days to answer and (3) Days Grace OPPORTUNITY TO CURE *

*The Court acting as Trustee. through this motion is instructed by the Grantor/Settlor to Compensate the Beneficial1' Shane-Christopher family Buczek at the rate of $1.000.00 per day for evel1' day that the Beneficial1' Shane Christopher family Buczek is fmancially damaged by the invalid charging instruments mistakenly enforced by this court which such charging Instruments and accompanying resulting orders have prevented the Beneficial1' Shane from working to earn a living. *

40f7












correct.


*Failure to answer is silence. Silence can only be equated with fraud where there is legal and moral duty to speak. or when inquiry left unanswered would be Intentionally misleading. II US y Tweel (1977)550 F 2d 297.* (10) days to answer and (3) Days Grace OPPORTUNITY TO CURE *

*The Court acting as Trustee. through this motion is instructed by the GrantorlSettlor to Compensate the Beneficial1' Shane-Christopher family Buczek at the rate of $1.000.00 per day for evel1' day that the Beneficial1' Shane Christopher family Buczek is fmancially damaged by the invalid charging instruments mistakenly enforced by this court which such charging Instruments and accompanying resulting orders have prevented the Beneficial1' Shane from working to earn a living. *

40f7












correct.


*Failure to answer is silence. Silence can only be equated with fraud where there is legal and moral duty to speak. or when inquiry left unanswered would be Intentionally misleading. II US y Tweel (1977)550 F 2d 297.* (10) days to answer and (3) Days Grace OPPORTUNITY TO CURE *

*The Court acting as Trustee. through this motion is instructed by the GrantorlSettlor to Compensate the Beneficial1' Shane-Christopher family Buczek at the rate of $1.000.00 per day for evel1' day that the Beneficial1' Shane Christopher family Buczek is fmancially damaged by the invalid charging instruments mistakenly enforced by this court which such charging Instruments and accompanying resulting orders have prevented the Beneficial1' Shane from working to earn a living. *

40f7


In Trust,

shane-christopher: buczek as third party intervener and Grantor/Beneficiary/Petitioner for: SHANE C. BUCZEK a US TRUST All rights reserved Without Prejudice Without recourse UCC 1-308 October IZI'-7 ,2010

Exhibit "A" ANTHONY M. BRUCE "Senior FOREIGN AGENT" Letter and Title 18 Sec. 1341 Frauds and swindles

Exhibit "B" CIVIL DOCKET SHEET # 1:09-CV-01129-WMS

Exhibit "c" ANTHONY M. BRUCE VIOALTION OF THE FAIR DEBT COLLECTION ACT TITLE 15 USC SEC. 1692 ET. SEQ.

Exhibit "D" UNITED STATES MAGISTRATE JUDGE SCHROEDER, JR. August 20, 20091:47 PM Magistrate Schroeder calling you abusive and vindictivt( and there was no warrant

Cc. Treasury Inspector General for Tax Administration P.O. Box 589 Ben Franklin Station Washington, DC 20044-0589 By Phone: Call toll free: 1-800-366-4484 By Fax: (202) 927-7018

50f7

In Trust,







50f7

In Trust,







50f7


Department of the Treasury 1500 Pennsylvania Avenue, NW Washington, D.C. 20220 Phone :( 202) 622-2000 Fax: (202) 622-6415

Office of Inspector General Office of Public Affairs Department of Health and Human Services Room 5541 Cohen Building 330 Independence Avenue, S.W. Washington, D.C. 20201

ill

Petition To: Commandant (G-OPL) U.S. Coast Guard 2100 2nd St. SW Washington, DC 20593-0001

U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, TORT BRANCH FEDERAL TORT CLAIM ACT STAFF BOX 888 BENJAMIN FRANKLIN STATION WASHINGTON, D.C. 20044

Universal Postal Union International Bureau Case postal 3000 BERNE 15 SWITZERLAND

Eric Holder Jr. United States Attorney General Department of Justice 950 Pennsylvania Ave. NW 20530 Washington, D. C. 20530

60f7



ill





60f7



ill





60f7


CERTIFICATE OF SERVICE Qn this the 12th day of October 201 Or a true and correct copy of MANDATORY .JUDICIAL NOTICE of Reponses TO: FOREIGN AGENT AIlSA MR.ANTHONY BRUCE Court to take Judicial Notice ugder F@deraJ Rules of Eyidence 20Hd) and (t) was personally filed

stamped 1:08-CR-0054-001. 1;09-CR00121-001 and 09-CR00141-001 deljvered to the Clerk of the Court and the Clerk will serve AUSA by electronic filing.

70f7



70f7



70f7


" " " " " "


* * '

Shane C,. Buczek 7335 Derby Road Derby, New York 14047

Re: Enclosed letter/email

Dear ML Buczek:

of'

lIll ilcd States At tOlIlL'\

Western nisfrict o/S(\\

r,i/cml ('1'111/'1'

liS /)l'il/\\I/I'I' ,\\'1'11111'

IJII//,r/",\( \I );lll IC(),'

October 7, 2010

/"

Enclosed you will find a photocopy of what purports to be a July 27, 2009 letter or email from "Harley G. Lappin, Director, Federal Bureau of Prisons" to "all Department Heads,"

Investigation by the Federal Bureau of Investigation has determined that this letter/email is a complete fabrication.

This letter is to provide you with notice that the Lappin letter/email is in fact a fabrication and that further use of it by you in your filings with the Court is at your own peril.

AMB/lfs Enclosures

pc: Dan Buczek (w/enclosure) Kathleen Horvatitis

BY:

Very truly yours,

WILLIAM J. HOCHUL, JR. United States Attorney

Assistant U.S. Attorney Senior Litigation Counsel

* * '



Dear ML Buczek:

of'



r,i/cml ('1'111/'1'

liS /)l'il/\\I/I'I' ,\\'1'11111'

IJII//,r/",\( \I );lll IC(),'

October 7, 2010

/"




AMB/lfs Enclosures


Very truly yours,


BY: HONY '. BRUCE Assistant U.S. Attorney Senior Litigation Counsel

* * '



Dear ML Buczek:

of'



r,i/cml ('1'111/'1'

liS /)l'il/\\I/I'I' ,\\'1'11111'

IJII//,r/",\( \I );lll IC(),'

October 7, 2010

/"




AMB/lfs Enclosures


Very truly yours,


BY: HONY '. BRUCE Assistant U.S. Attorney Senior Litigation Counsel

Cas

e 1:

09-c

r-00

121-

WM

S-H

KS

D

ocum

ent 2

28

File

d 10

/12/

10

Pag

e 10

of 4

5

-t:I

-.

.l (f

.)

-(l

) w

::r

t-!

w

PJ

-.Q'

U1 ~

-(l

) t:I

(l

) ()

-Z

t-!

~

-(l

) t1

-

~"<

lJj

-K!

:;d

C

-

0 0

()

-t-!

PJ

N

-

X'

0.

(l) X'

I

..........

- Shane C/ . Buczek 7335 Derby Road

.-..

Derby I New York

I111II1I11I1I11111111111111111I1

t ::~::;C~ ~7:±::::~S:~~f:: F:-~C:;:=!:2 LHiLi:: HLn: JuHn JLLHHH nlL;iL~ n lLiLLHLIJ

- Shane C/ . Buczek 7335 Derby Road Derby I New York

I111II1I11I1I11111111111111111I1

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45United States Code: Title 18,1341. Frauds and swindles I LII 1 Legal In... http://www.law.comell.eduluscodeI18/usc_sec_18_00001341----000- ...

of2

" ~ ~ I.:miwrsit¥ ~, ~~l Search Law School Search Cornell

o

home search find a lawyer donate / Legal Information Institute

U.S. Code main page faq Index search

> ; 1 > CHAPTER 63 > § 1341

§ 1341. Frauds and swindles Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or pa'id in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42. U.S.C. 5122», or affects a finanCial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both,

8lilUL!J!.1IlOC1ll ~ G.et ,an..Ans.w.eJ:ASAEl

", cover only 20%

of our costs.

Ads by Google

Web-based software for SEC reports Complete system wtth EDGAR, XBRL

Audit Services for OTCBB listed Co Affordable, Reliable and Efficient

Free Chapter 7 Bankruptcy Info Free Online Evaluation by a Lawyer!

13 Employment Lawyers Are Online Ask a Question, Get an Answer ASAP,

LIl has no control over and does not endorse any extemallnternet Site that contains links to or references UI.

10110/2010 3:30 AM

United States Code: Title 18,1341. Frauds and swindles I LII 1 Legal In... http://www.law.comell.eduluscodeI18/usc_sec_18_00001341----000- ...

of2


o



> ; 1 > CHAPTER 63 > § 1341



", cover only 20%

of our costs.

Ads by Google






10110/2010 3:30 AM

United States Code: Title 18,1341. Frauds and swindles I LII 1 Legal In... http://www.law.comell.eduluscodeI18/usc_sec_18_00001341----000- ...

of2


o



> ; 1 > CHAPTER 63 > § 1341



", cover only 20%

of our costs.

Ads by Google






10110/2010 3:30 AM

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45Case 1:09-cr-00121-WMS-HKS Document 187 Filed 09/14/10 Page 9 of 12

,ROM LINDA MARIANO

Harley G. Lapefn

•

PHONE NO. : 7048'352899

~~.~ , Har1ey G. Lappin

Di:mctor, Fedcnl Bureau ofPrlsoos

Ma~. 15 2010 07:58PM Pi Page 1 of 1

712112009

Case 1:09-cr-00121-WMS-HKS Document 187 Filed 09/14/10 Page 9 of 12

,ROM LINDA MARIANO

Harley G. Lapefn

•

PHONE NO. : 7048'352899



Ma~. 15 2010 07:58PM Pi Page 1 of 1

712112009

Case 1:09-cr-00121-WMS-HKS Document 187 Filed 09/14/10 Page 9 of 12

,ROM LINDA MARIANO

Harley G. Lapefn

•

PHONE NO. : 7048'352899



Ma~. 15 2010 07:58PM Pi Page 1 of 1

712112009


" " T" " T" "

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45CM/ECF LIVE - U.S. District Courtnywd https:llecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L_ ...

1 of 10

MEDIATION, ProSe

U.S. DISTRICT COURT U.S. District Court, Western District of New York (Buffalo)

CIVIL DOCKET FOR CASE #: 1:09-cv-Ol129-WMS

Buczek v. United States of America DBA et al Assigned to: Hon. William M. Skretny Cause: 42: 1983 Civil Rights Act

Plaintiff

Shane Christopher Buczek

V.

Defendant

United States of America DBA TERMINATED: 0310112010

Defendant

Anthony Bruce ETAL

Defendant

Kathleen M. Mehltretter

Defendant

John Doe TERMINATED: 0310112010

Defendant

Date Filed: 12/30/2009 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Defendant

represented by Shane Christopher Buczek 7335 Derby Road Derby, NY 14047 512-8543 PROSE

represented by Michael S. Cerrone U.S. Attorney's Office Federal Centre 138 Delaware Avenue Buffalo, NY 14202 716-843-5851 Fax: 716-551-3196 Email: [email protected]

represented by Michael S. Cerrone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


represented by Michael S. Cerrone (See above for address)

10/1 0120 1 0 12:24 AM

CM/ECF LIVE - U.S. District Courtnywd https:llecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L_ ...

1 of 10

MEDIATION, ProSe




Plaintiff


V.

Defendant


Defendant

Anthony Bruce ETAL

Defendant


Defendant


Defendant







10/1 0120 1 0 12:24 AM

CM/ECF LIVE - U.S. District Courtnywd https:llecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L_ ...

1 of 10

MEDIATION, ProSe




Plaintiff


V.

Defendant


Defendant

Anthony Bruce ETAL

Defendant


Defendant


Defendant







10/1 0120 1 0 12:24 AM

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45CM/ECF LIVE - U.S. District Court:nywd

Z of lO

Jane Doe's 1-20 I reserve the right to add others as they become known to me in their capacity as DBA, adding defendants as they become known to me TERMINATED: 0310112010

Defendant

Mary C. Baumgarten

Defendant

Marty J. Littlefield

Defendant

Mary Pat Fleming

Defendant

J. P. Kennedy

Defendant

Joseph M. Guerra, III

Defendant

William J. Hochul

Defendant

Joseph J. Karaszewski

Defendant

Margaret M. McFarland

Defendant

https:llecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?985l1466504027-L_ ...


represented by Michael S. Cerrone (See above for address) ATTORNEY TO BE NOTICED








10110/2010 12:24 AM

CM/ECF LIVE - U.S. District Court:nywd

Z of lO


Defendant

Mary C. Baumgarten

Defendant


Defendant

Mary Pat Fleming

Defendant

J. P. Kennedy

Defendant


Defendant

William J. Hochul

Defendant


Defendant


Defendant











10110/2010 12:24 AM


Z of lO


Defendant

Mary C. Baumgarten

Defendant


Defendant

Mary Pat Fleming

Defendant

J. P. Kennedy

Defendant


Defendant

William J. Hochul

Defendant


Defendant


Defendant











10110/2010 12:24 AM

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45CM/ECF LIVE - U.S. District Courtnywd

3 of 10

Aaron J. Mango

Defendant

Charles B. Wydysh

Defendant

Edward H. White

Defendant

Gail Y. Mitchell

Defendant

George C. Burgasser

Defendant

Gregory L. Brown

Defendant

Gretchen L. WylegaJa

Defendant

Jane B. Wolf

Defendant

Joel L. Violanti

Defendant

John E. Rogowski

https:/ lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L _'"











10110/2010 12:24 AM

CM/ECF LIVE - U.S. District Courtnywd

3 of 10

Aaron J. Mango

Defendant

Charles B. Wydysh

Defendant

Edward H. White

Defendant

Gail Y. Mitchell

Defendant

George C. Burgasser

Defendant

Gregory L. Brown

Defendant


Defendant

Jane B. Wolf

Defendant

Joel L. Violanti

Defendant

John E. Rogowski












10110/2010 12:24 AM

CM/ECF LIVE - U.S. District Courtnywd

3 of 10

Aaron J. Mango

Defendant

Charles B. Wydysh

Defendant

Edward H. White

Defendant

Gail Y. Mitchell

Defendant

George C. Burgasser

Defendant

Gregory L. Brown

Defendant


Defendant

Jane B. Wolf

Defendant

Joel L. Violanti

Defendant

John E. Rogowski












10110/2010 12:24 AM

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45CM/ECF LIVE - U.S. District Court:nywd

40fl0

Defendant

Joseph M. Tripi

Defendant

Kevin D. Robinson

Defendant

Marie P. Grisanti

Defendant

Mary C. Kane

Defendant

Mary Ellen Kresse

Defendant

Mike DiGiacomo

Defendant

Molly Roach

Defendant

Monica Richards

Defendant

Paul J. Campana

Defendant

https:/ /ecf.nywd.uscourts.gov/cgi-binlDktRpt.pl ?98511466504027-L _'"










10110/201012:24 AM


40fl0

Defendant

Joseph M. Tripi

Defendant

Kevin D. Robinson

Defendant

Marie P. Grisanti

Defendant

Mary C. Kane

Defendant

Mary Ellen Kresse

Defendant

Mike DiGiacomo

Defendant

Molly Roach

Defendant

Monica Richards

Defendant

Paul J. Campana

Defendant











10110/201012:24 AM


40fl0

Defendant

Joseph M. Tripi

Defendant

Kevin D. Robinson

Defendant

Marie P. Grisanti

Defendant

Mary C. Kane

Defendant

Mary Ellen Kresse

Defendant

Mike DiGiacomo

Defendant

Molly Roach

Defendant

Monica Richards

Defendant

Paul J. Campana

Defendant











10110/201012:24 AM

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45CM/ECl' LIVE - U.S. District Courtnywd

50f1O

Richard D. Kaufman

Defendant

Richard P. Maigret

Defendant

Robert C. Moscati

Defendant

Robert G. Trusiak

Defendant

Stephan J. Baczynski

Defendant

Thomas S. Duszkiewicz

Defendant

Timothy Lynch

Defendant

Trini Ross

Defendant

William J. Gillmeister

Defendant

William J. Knapp

https://ecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?985 I 1466504027-L _'"











10110/2010 12:24 AM

CM/ECl' LIVE - U.S. District Courtnywd

50f1O

Richard D. Kaufman

Defendant

Richard P. Maigret

Defendant

Robert C. Moscati

Defendant

Robert G. Trusiak

Defendant


Defendant


Defendant

Timothy Lynch

Defendant

Trini Ross

Defendant


Defendant

William J. Knapp












10110/2010 12:24 AM

CM/ECl' LIVE - U.S. District Courtnywd

50f1O

Richard D. Kaufman

Defendant

Richard P. Maigret

Defendant

Robert C. Moscati

Defendant

Robert G. Trusiak

Defendant


Defendant


Defendant

Timothy Lynch

Defendant

Trini Ross

Defendant


Defendant

William J. Knapp












10110/2010 12:24 AM

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45CIVI/J:,L/' L1VJ:, - U.:s. UlStnCt court:nywd https://ec£nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L_ ...

5 of 10

Defendant

Cynthia M. Dilick

Defendant

Sharon M. Knope

Defendant

Samuel M. Palmiere

Defendant

Barbara A. Sweitzer

Defendant

William J. Hochul ET. AL.

Defendant






John and Jane Doe's 1-20 represented by Michael S. Cerrone I reserve the right to add others as they become known to me

(See above for address) ATTORNEY TO BE NOTICED

IDate Filed # Docket Text ,-

i 12/30/2009 1 COMPLAINT against United States of America DBA, Anthony Bruce, Kathleen i M. Mehltretter, John Doe, Jane Doe's 1-20, filed by Shane Christopher Buczek.

(Attachments: #(1) Exhibit A, #(2) Exhibit B, #(3) Exhibit C, #(4) Exhibit D.)(DLC) (Entered: 01/0412010)

." .. _-,,-12/30/2009 AUTOMATIC REFERRAL to Mediation. (DLC) (Entered: 0110412010)

12/30/2009 MOTION for Leave to Proceed in forma pauperis by Shane Christopher Buczek. (DLC) (Entered: 01104/2010)

01115/2010 MANDATORY NOTICE by Shane Christopher Buczek. (DLC) (Entered: 01/19/2010)

--~,~---

02116/2010 4 MOTION to Dismiss (Notice of Motion) by United States of America DBA, Anthony Bruce, Kathleen M. Mehltretter, John Doe, Jane Doe's 1-20.(Cerrone, Michael) (Entered: 02116/2010)

10110/2010 12:24 AM

CIVI/J:,L/' L1VJ:, - U.:S. UlStnCt court:nywd https://ec£nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L_ ...

5 of 10

Defendant

Cynthia M. Dilick

Defendant

Sharon M. Knope

Defendant

Samuel M. Palmiere

Defendant

Barbara A. Sweitzer

Defendant


Defendant











.""-_.'-12/30/2009 AUTOMATIC REFERRAL to Mediation. (DLC) (Entered: 0110412010)



--~.~---


10110/2010 12:24 AM

CIVI/J:,L/' L1VJ:, - U.:S. UlStnCt court:nywd https://ec£nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L_ ...

5 of 10

Defendant

Cynthia M. Dilick

Defendant

Sharon M. Knope

Defendant

Samuel M. Palmiere

Defendant

Barbara A. Sweitzer

Defendant


Defendant











.""-_.'-12/30/2009 AUTOMATIC REFERRAL to Mediation. (DLC) (Entered: 0110412010)



--~.~---


10110/2010 12:24 AM

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45CM/ECF LIVE - U.S. District Courtnywd https:/ lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl ?98511466504027 -L _ ...

i

02116/2010 DECLARATION signed by Michael S. Cerrone re 1. MOTION to Dismiss (Notice of Motion) filed by United States of America DBA, Anthony Bruce, Kathleen M. Mehltretter, John Doe, Jane Doe's 1-20 (Declaration of Michael S. Cerrone dated

I February 16,2010). (Attachments: # 1 Exhibit A:Plts. Complaint, # 2: Exhibit A:Plts. Complaint)(Cerrone, Michael) (Entered: 02/16/2010)

,"

i 0211612010 MEMORANDUM IN SUPPORT re 1. MOTION to Dismiss (Notice of Motion), .~ Declaration, (Memorandum of Law) byUnited States of America DBA, Anthony Bruce, Kathleen M. Mehltretter, John Doe, Jane Doe's 1-20. (Cerrone, Michael) (Entered: 02116/2010)

--03/0112010 AMENDED COMPLAINT against Anthony Bruce ET., AL., Mary C.

Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul, John and Jane Doe's 1-20, filed by Shane Christopher Buczek. (Attachments: #(1) Exhibit A, #(2) Exhibit A Continuted, #(3) Exhibit B, #(4) Exhibit B Continued, #(5) Exhibit C&D, #(6) Exhibits E&F.) (DLC) Modified on 3/112010 (DLC). (Entered: 03/0112010)

04/0112010 MOTION to Dismiss by Mary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M. Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul(ET. AL.), John and Jane Doe's 1-20.(Cerrone, Michael) (Entered: 04/01/2010)

--I 04/0112010 DECLARATION re 1 Amended Complaint"" ~ MOTION to Dismiss filed by

Mary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M. Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G.

7 of 10 10/1 0/20 1 0 12:24 AM

CM/ECF LIVE - U.S. District Courtnywd https:/ lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl ?98511466504027 -L _ ...

7 of 10

02116/2010

i 0211612010

03/0112010

04/0112010

DECLARATION signed by Michael S. Cerrone re 1. MOTION to Dismiss (Notice of Motion) filed by United States of America DBA, Anthony Bruce, Kathleen M. Mehltretter, John Doe, Jane Doe's 1-20 (Declaration of Michael S. Cerrone dated February 16,2010). (Attachments: # 1 Exhibit A:Plts. Complaint, # 2: Exhibit A:Plts. Complaint)(Cerrone, Michael) (Entered: 02/16/2010)

MEMORANDUM IN SUPPORT re 1. MOTION to Dismiss (Notice of Motion), .~ Declaration, (Memorandum of Law) byUnited States of America DBA, Anthony Bruce, Kathleen M. Mehltretter, John Doe, Jane Doe's 1-20. (Cerrone, Michael) (Entered: 02116/2010)

AMENDED COMPLAINT against Anthony Bruce ET., AL., Mary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul, John and Jane Doe's 1-20, filed by Shane Christopher Buczek. (Attachments: #(1) Exhibit A, #(2) Exhibit A Continuted, #(3) Exhibit B, #(4) Exhibit B Continued, #(5) Exhibit C&D, #(6) Exhibits E&F.) (DLC) Modified on 3/112010 (DLC). (Entered: 03/0112010)

MOTION to Dismiss by Mary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M. Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul(ET. AL.), John and Jane Doe's 1-20.(Cerrone, Michael) (Entered: 04/01/2010)

-----------4---~---------------------------------------------------------

I 04/0112010 DECLARATION re 1 Amended Complaint"" ~ MOTION to Dismiss filed by Mary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M. Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G.

10/1 0120 1 0 12:24 AM

CM/ECF LIVE - U.S. District Courtnywd https:/ lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl ?98511466504027 -L _ ...

7 of 10

02116/2010

i 0211612010

03/0112010

04/0112010

DECLARATION signed by Michael S. Cerrone re 1. MOTION to Dismiss (Notice of Motion) filed by United States of America DBA, Anthony Bruce, Kathleen M. Mehltretter, John Doe, Jane Doe's 1-20 (Declaration of Michael S. Cerrone dated February 16,2010). (Attachments: # 1 Exhibit A:Plts. Complaint, # 2: Exhibit A:Plts. Complaint)(Cerrone, Michael) (Entered: 02/16/2010)

MEMORANDUM IN SUPPORT re 1. MOTION to Dismiss (Notice of Motion), .~ Declaration, (Memorandum of Law) byUnited States of America DBA, Anthony Bruce, Kathleen M. Mehltretter, John Doe, Jane Doe's 1-20. (Cerrone, Michael) (Entered: 02116/2010)

AMENDED COMPLAINT against Anthony Bruce ET., AL., Mary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul, John and Jane Doe's 1-20, filed by Shane Christopher Buczek. (Attachments: #(1) Exhibit A, #(2) Exhibit A Continuted, #(3) Exhibit B, #(4) Exhibit B Continued, #(5) Exhibit C&D, #(6) Exhibits E&F.) (DLC) Modified on 3/112010 (DLC). (Entered: 03/0112010)

MOTION to Dismiss by Mary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M. Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul(ET. AL.), John and Jane Doe's 1-20.(Cerrone, Michael) (Entered: 04/01/2010)

-----------4---~---------------------------------------------------------

I 04/0112010 DECLARATION re 1 Amended Complaint"" ~ MOTION to Dismiss filed by Mary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M. Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G.

10/1 0120 1 0 12:24 AM

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45CM/ECF LIVE - U.S. District Courtnywd https://ecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L_ ...

Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul(ET. AL.), , John and Jane Doe's 1-20 DECLARATION OF MICHAEL S. CERRONE. (Cerrone, Michael) (Entered: 04/0112010)

04/0112010 MEMORANDUM IN SUPPORT re 1 Amended Complaint"" 2 Declaration", ~ MOTION to Dismiss byMary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M. Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul(ET. AL.), John and Jane Doe's 1-20. (Cerrone, Michael) (Entered: 04/01/2010)

.-~-.~--

04/30/2010 NOTICE OF FELONY CRIMINAL COMPLAINT FOREIGN AGENT 22USC611 by Shane Christopher Buczek. Exhibits manually filed. No proof of Service provided. Modified on 5/5/2010 (DLC). (Entered: 05/05/2010)

05/05/2010 NOTICE of MANUAL FILING (Exhibit A-N along with 1 DVD Film titled Invisible Empire and 3 CD's by Tim Madden, Economist, Ed Griffin, the Creature from Jekyll Island, and Ken Wayne, The Legal Structure of the Government by Shane Christopher Buczek re 11 Notice of felony. (DLC) (Entered: 05/05/2010)

05/05/2010 E-Filing Notification: No proof of service. Action required: File proof of service RE: NOTICE of MANUAL FILING (Exhibit A-N along with 1 DVD Film titled

I Invisible Empire and 3 CD's by Tim Madden, Economist, Ed Griffin, the Creature from Jekyll Island, and Ken Wayne, The Legal Structure of the Government by

! Shane Christopher Buczek re 11 Notice of felony. And 11 NOTICE OF FELONY

I CRIMINAL COMPLAINT FOREIGN AGENT 22USC611 by Shane Christopher

r05/07 12010

Buczek. (DLC). (DLC) (Entered: 05/05/2010)

MOTION to Dismiss (Notice of Motion) by Mary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George

\ C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M. Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul(ET. AL.), John and Jane Doe's 1-20.(Cerrone, Michael) (Entered: 05/07/2010)

8 of 10 10110/201012:24 AM

CM/ECF LIVE - U.S. District Courtnywd https://ecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L_ ...



.-~-.~--







r05/07 12010




8 of 10 10110/201012:24 AM

CM/ECF LIVE - U.S. District Courtnywd https://ecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L_ ...



.-~-.~--







r05/07 12010




8 of 10 10110/201012:24 AM

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45CM/ECF LIVE - U.S. District Court:nywd https:/ lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl ?98511466504027-L _ ...

05/07/2010 DECLARATION signed by MICHAEL S. CERRONE re 1~. MOTION to Dismiss (Notice of Motion) MOTION to Dismiss (Notice of Motion) MOTION to Dismiss (Notice of Motion) MOTION to Dismiss (Notice of Motion) filed by Mary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M.

[

Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul(ET. AL.), John and Jane Doe's 1-20. (Cerrone, Michael) (Entered: 05/07/2010)

05/07/2010 MEMORANDUMIBRIEF re ..1...3. Declaration"" J2 MOTION to Dismiss (Notice of I Motion) MOTION to Dismiss (Notice of Motion) MOTION to Dismiss (Notice of

Motion) MOTION to Dismiss (Notice of Motion) (Memorandum of Law) by Mary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M. Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul(ET. AL.), John and Jane Doe's 1-20. (Cerrone, Michael) (Entered: 05/07/2010)

0511412010 CERTIFICATE OF SERVICE by Shane Christopher Buczek re Notice of ManuaVConventional Filing. Duplicate documents hand delivered to the Clerk's office for hand delivery to the U.S. Attorney. (DLC) (Entered: 0511712010)

07/09/2010 RESPONSE in opposition to Declaration, filed by Shane Christopher Buczek. i (Attachments: #(1) Exhibit A, #(2) Exhibit B, #(3) Exhibit C, #(4) Exhibit D, # ;>_ I !

Exhibit E, #(6) Exhibit F, #(7) Exhibit G, #(8) Exhibit H, #(9) Exhibit I, # lQ Exhibit J, #(11) Exhibit K, #(12) Exhibit K continued, #(13) Exhibit L, # 14 Exhibit M, #( 15) Exhibit M continued and Exhibit N, #( 16) Exhibit 0, #( 17) Exhibit P, #(18) Exhibit Q.) (DLC) (Entered: 0711212010)

07/09/2010 NOTICE of MANUAL FILING of a Disk (Exhibit "D" Live Radio Alex Jones 45

I min)included with J 6 Response by Shane Christopher Buczek. (DLC) Modified on i 7112/2010 (DLC). (Entered: 07112/2010) ! 1---

I 09/07~2010_ NOTICE of 18 USCS Sec. 4 Misprison of felony Court to take Judicial Notice Under Federal Rules Evidence 201(f) by Shane Christopher Buczek. (DLC) (Entered: 09/08/2010)

;J of 10 10/10/201012:24 AM

CM/ECF LIVE - U.S. District Court:nywd https:/ lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl ?98511466504027-L _ ...


[








I min)included with J 6 Response by Shane Christopher Buczek. (DLC) Modified on i 7112/2010 (DLC). (Entered: 07112/2010) ! 1----

I 09/07/2010 NOTICE of 18 USCS Sec. 4 Misprison of felony Court to take Judicial Notice Under Federal Rules Evidence 201(f) by Shane Christopher Buczek. (DLC) (Entered: 09/08/2010)

;J of 10 10/10/201012:24 AM

CM/ECF LIVE - U.S. District Court:nywd https:/ lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl ?98511466504027-L _ ...


[








I min)included with J 6 Response by Shane Christopher Buczek. (DLC) Modified on i 7112/2010 (DLC). (Entered: 07112/2010) ! 1----

I 09/07/2010 NOTICE of 18 USCS Sec. 4 Misprison of felony Court to take Judicial Notice Under Federal Rules Evidence 201(f) by Shane Christopher Buczek. (DLC) (Entered: 09/08/2010)

;J of 10 10/10/201012:24 AM

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 of 45eM/bel' L1Yb - U.S. District eourt:nywd https:/ lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?985 1 1466504027-L_ ...

09/07/2010 NOTICE of741 F.2d 336, Trezevant v. City of Tampa Federal Reporter 2d Series Page 336-342 Court to take Judicial Notice Under Federal Rules of Evidence 201 (t) by Shane Christopher Buczek. (DLC) (Entered: 09/08/2010)

0911412010 JUDICIAL NOTICE of emails received 2117/2010 by Shane Christopher Buczek. (DLC) (Entered: 09116/2010)

09114/2010 JUDICIAL NOTICE of BOP letter dated 7/27/2009 by Shane Christopher Buczek. (DLC) (Entered: 09116/2010)

t· ...... ·····~-,- -09/29/2010 21 TEXT ORDER. IT HEREBY IS ORDERED THAT Plaintiffs ~ Motion for IFP

l Status is GRANTED. FURTHER, that in light of the filing of the 1 Amended Complaint, Defendants' ~ Motion to Dismiss is DENIED as moot. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 9/2912010. (MEAL) (Entered: 09/29/2010) .,-,_.-

10 of 10 10/10/2010 12:24 AM

eM/bel' L1Yb - U.S. District eourt:nywd https:/ lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?985 1 1466504027-L_ ...





l Status is GRANTED. FURTHER, that in light of the filing of the 1 Amended Complaint, Defendants' ~ Motion to Dismiss is DENIED as moot. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 9/2912010. (MEAL) (Entered: 09/29/2010) ., ,_.-

Transaction Receipt , ... _ ....... - .............. __ ._. -_ .............. _ ..................... _-

i-------1 1:09-cv-01129-WMS , ..... -.... ----.----- ~~80-·--·--·-··-·····-·-·-·-

10 of 10 10/10/2010 12:24 AM

eM/bel' L1Yb - U.S. District eourt:nywd https:/ lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?985 1 1466504027-L_ ...





l Status is GRANTED. FURTHER, that in light of the filing of the 1 Amended Complaint, Defendants' ~ Motion to Dismiss is DENIED as moot. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 9/2912010. (MEAL) (Entered: 09/29/2010) ., ,_.-

Transaction Receipt , ... _ ....... - .............. __ ._. -_ .............. _ ..................... _-

i-------1 1:09-cv-01129-WMS , ..... -.... ----.----- ~~80-·--·--·-··-·····-·-·-·-

10 of 10 10/10/2010 12:24 AM


" " " " " "



Shane C. Buczek

Petitioner v.

UNITED STATES of AMERICA

Defendant

Shane-christopher: buczek, third party intervener as Grantor I Beneficiary

09-CR-12I-S

RULE 29 & 33 MOTION NOTICE AND DEMAND TO VACATE JURY FINDINGS FOR VIOLATION OF THE FAIR DEBT COLLECTION ACT & JURISDICTION ERROR

NOTICE AND DEMAND TO VACATE JURY FINDING VIOALTION OF THE FAIR DEBT COLLECTON ACT TITLE 15 USC 1692 ET.SEQ.

I, the above third-party intervener, do hereby request demand to vacate jury

finding in violation of the fair debt collection practice act title 15 U.S.C. Sec. 1692 and with

his demand to vacate jury verdict for lack of proof of Mens rea, violation of the 6th and 11 th

Amendment and the Federal District Court lacked jurisdiction wherein State jurisdiction by

statute prevailed in this instant case. See ... Cite 15 USC 1692p.

THERE WAS NO PROBABLE CAUSE TO INDICT PETITIONER FOR BANK FRAUD

Within less than five days oflearning there was something wrong with the payment to

HSBC/BESTBUY Petitioner Shane C. Buczek (Petitioner) tendered payment in the form of a

payment instrument via a negotiable instrument, a promissory note which is authorized by the


Shane C. Buczek

Petitioner v.


Defendant


09-CR-12I-S













Shane C. Buczek

Petitioner v.


Defendant


09-CR-12I-S













FAIR DEBT COLLECTION PRACTICES ACT Title 15 USC 1692f Sec 808(2).

TITLE I>PART I>CHAPTER I>Sec. 1.>Sec. 8

Sec.8. - Obligation or other security of the United States defined

The tenn "obligation or other security of the United States" includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and cancelled United States stamps.

The Promissory Note is legal tender as a national bank note, or note of a National Banking Association, by legal and/or statutory definition (UCC 4-105 12 CFR See 229.2, 210.2, 12 USC 1813), issued under Authority of the United States Code 31 USC 392, 5103, which officially defines this as a statutory legal tender obligation of THE UNITED STATES, and is issued in accordance with 31 USC 3123 and HJR - 192 (1933) which establish and provide for its issuance as "Public Policy" in remedy for discharge of equity interest recovery on that portion of the public debt to its Principals, and Sureties bearing the Obligations of THE UNITED STATES. (See attached Memorandum on Promissory Notes).

There was no intent by Petitioner to defraud HSBC/BEST BUY, for a check and Federal Reserve

notes are promissory notes. See title 12 Sec. 1813 L(1) (See Exhibit "A" MEMORANDUM)

AUSA ANTHONY BRUCE IS A VINDICTIVE AND ABUSIVE DEBT COLLECTOR

The government through Ausa Bruce has acted as a debt collector without first notifying

Petitioner Shane C. Buczek (Petitioner) via a validation letters, mini-Miranda warnings and

making demand for payment. AUSA Bruce's acts are vindictive, abusive and unconscionable.

(Sec. 1692a.) AUSA Bruce in his overzealous efforts to punish Petitioner for his purported

alliance with the sovereign American movement and wherein a remedy by Federal statute was

available to the government, totally by passed the well regulated FAIR DEBT COLLECTION

PRACTICES ACT and pursued Title 18 USC to prosecute Petitioner when the matter was civil

under State jurisdiction. The Federal District Court lacked standing to prosecute this case and

committed jurisdictional reversible error in this case.




































Section 1692a. Definitions (C) Any officer or employee of the United States or any State to the

extent that collecting or attempting to collect any debt is in the performance of his official

duties; is f! debt collector.

AUSA BRUCE ACTED WITH MALICE, WAS ABUSIVE, UNCONSCIENABLE AND CLEARLY IN VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT WHICH IS UNDER STATE JURISDICTION

The government through AUSA Bruce acted vindictively when he obtained a search warrant for

Petitioner's parents home and descended on it with 20 agents to seize private property of

Petitioner in clear violation of the FAIR DEBT COLLECTION PRACTICES ACT and then

attempted to have Petitioner agree to a forfeiture in a proposed plea bargain, again using the

criminal case to collect the debt.

§ 806. Harassment or abuse 15 USC Sec. 1692d

A debt collector may not engage in any conduct the natural consequence of which is to

harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting

the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person,

reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to

abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a

consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1

of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

3




















of this Act.


3




















of this Act.


3


(5) Causing a telephone to ring or engaging any person.

In telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any

person at the called number.

6) Except as provided in section 804, the placement of telephone calls without meaningful

disclosure of the caller's identity.

The government through AUSA Bruce wrote more than 22 threatening letters to Petitioner, and

had frequent meetings with him, wherein he harassed and intimidated Petitioner, all in violation

of said Petitioner's rights and all without the required validation letters and mini Miranda

warnings. The statute is there to prevent situations like these from being prosecuted federally.

If allowed to continue AUSA Bruce would have thousands of people imprisoned for writing bad

checks, which is in violation of the congressional intent of the FAIR DEBT COLLECTION

PRACTICES ACT which provided a diversion program under State jurisdiction.

AUSA BRUCE FAILED TO PROVIDE THE VALIDATION AND MINI MIRANDA

WARNINGS.

The charging document, the indictment, fails to provide the required validation warnings and

mini Miranda warnings, nor do any of the correspondence and pleadings from AUSA Bruce

contain the required warning. Therefore the actions of AUSA Bruce are invalid.

AUSA Bruce is a debt collector who chose to seek an indictment to collect the debt Petitioner

purportedly owed HSBC Bank by attempting to collect the purported debt in the plea bargain.

1. The FDCP A is a strict liability statute, and one violation is sufficient to establish

liability. Bentley v. Great Lakes Coli. Bureau, 6 F.3d 60 (2d Cir. 1993). A debt collector














WARNINGS.





















WARNINGS.









who violates the FDCP A is liable for actual damages, additional statutory damages up to

$1,000 per action, attorney fees, and costs. 15 U.S.C. § I 692k(a).

2. h. Notice of validation rights and Miranda warning: Attorneys who fit the definition

of "debt collector" must give the Miranda warning required by § 1692e(11) in their

initial communication and must give an adequate written notice of the debtor's

validation rights under § 1692g within 5 days of the initial communication.

3. Some attorneys who have failed to give the Miranda warning have been held liable for

violating § 1692e(11). Romea v. Heiberger & Associates, 163 F.3d 111, 113-119 (2nd

Cir. 1998)(failure to give § 1692e(11) notice not excused in notice-to vacate letter); Frey

v. Gangwish, 970 F.2d 1516, 1519-1520 (6th Cir. 1992)(Post-judgment letter to

judgment debtor was initial communication with debtor despite prior communications in

underlying suit with debtor's attorney, thereby requiring the giving of the notice required

by this subsection)

§ 818. Exception for certain bad check enforcement programs operated

by private entities ( a) In General.-

(1) TREATMENT OF CERTAIN PRIVATE ENTITIES. Subject to paragraph (2), a

private entity shall be excluded from the definition of a debt collector, pursuant to the

exception provided in section 803(6), with respect to the operation by the entity of a

program described in paragraph (2)(A) under a contract described in paragraph (2)(B).

(2) CONDITIONS OF APPLICABILITY.-Paragraph (1) shall apply if-

(A) a State or district attorney establishes, within the jurisdiction of such State or

district attorney and with respect to alleged bad check violations that do not

involve a check described in subsection (b), a pretrial diversion program for

alleged bad check offenders who agree to participate voluntarily in such program

to avoid criminal prosecution;

(B) a private entity, that is subject to an administrative support services contract

with a State or district attorney and operates under the direction, supervision, and

control of such State or district attorney, operates the pretrial diversion program

described in subparagraph (A);

THE HSBCIBEST BUY CREDIT APPLICATION DOES NOT PROHIBIT PAYMENT VIA PROMISSARY NOTE AND WAS SIGNED ALL RIGHTS RESERVED UCC 1- 308

5













by this subsection)


















5













by this subsection)


















5


Pursuant to HR 192 the type of money used to discharge a debt cannot be specified nor

demanded to be in any specific type of money, nor from any particular country See ... Cite; New

York Trust v. Henwood 307 US 847. Nothing in the Best Buy credit application prohibits

payment to discharge the debt via a promissory note.

THERE IS NO FEDERAL JURISDICTION OVER PRIVATE PROMISSARY NOTES

There is no federal jurisdiction over private promissory notes. See ... Cite; California Bankers

Association v. Schultz 416 US 21 n. 12-13. The federal government only has jurisdiction over

U.S. Notes, Silver Certificates, and Federal Reserve notes.

The jurisdiction over bad checks/promissory notes in debt collection is with the State.

See ... Cite 15 USC 1692p Through State sponsored Diversion programs, Congress enacted the

Fair Debt Collection Practices Act 15 USC 1692 et.seg. to curb abusive debt collectors from

having citizens sent to prison for writing bad checks ...

§ 1692g. Validation of debts (a) Notice of debt; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing-(1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease




























collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a.£ill!I of !! judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. (c) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. See attached memorandum on the FAIR DEBT COLLECTION PRACTICES ACT.

CONCLUSION

It is beyond all doubt that Petitioner had a belief that it was lawful to discharge a debt by using a

promissory note. There is no evidence that Petitioner possessed the intended 'Mens Rea' to

defraud HSBCIBEST BUY. It is further beyond all doubt that there is no federal jurisdiction over

promissory notes. Jurisdiction rests with the State of New York via its Diversion Program. The

government through Ausa Anthony Bruce also failed to supply the requisite validation letters

verifying the alleged debt(s). The government through Ausa Anthony Bruce failed to give

Petitioner Buczek a Miranda warning as was mandated by Federal Law and the FDCPA Act.

Wherefore; Petitioner respectfully requests the jury verdict be vacated, or in the alternative have

him sent to a State diversion program for bad check writers as required by statute.

CERTIFICATION UNDER PENALTY OF PERJURY

I certify that the facts stated herein are true and correct under the penalty of perjury as provided by 28 USC Section 1746, that I am over the age of 18, and that I have firsthand knowledge of the facts stated herein.

7

In Trust

BY:~ shane-christopher: as third party lTITf"n/P'nf>r

Grantor/Beneficiary for: SHANE C. BUCZEK a US TRUST All rights reserved Without Prejudice Without recourse UCC 1-308

b.. ?4,. '2()/O


CONCLUSION












7

as third party intervener' Grantor/Beneficiary for: SHANE C. BUCZEK a US TRUST All rights reserved Without Prejudice Without recourse UCC 1-308

b.. ?4,. '2()/O


CONCLUSION












7

as third party intervener' Grantor/Beneficiary for: SHANE C. BUCZEK a US TRUST All rights reserved Without Prejudice Without recourse UCC 1-308

b.. ?4,. '2()/O


ERIE COUNTY

NEW YORK STATE

) ) ss. )

JURAT

The above named Libellant, shane-christopher:buczek, as third party intervener and GrantorlBeneficiary for: for SHANE CHRISTOPHER BUCZEK appeared before me, a Notary, subscribed, sworn to the truth of this Petition

Under oath this .,;{ q -tI.. day of ~ ,2010,

~L~ YJr. G-c:t-U.0-LOt Notary SEAL ',\ M. POTWORA

.;;L q .;l..tJ I 11 l J IN ERIE COUNTY ~ L j,' r-::. STATE OF NEW YORK

My Commission expires __ -t-_-l'---__ '.!-...-__ --:tMY CC:"" ,_"'V;, EXPIR£S FEB. 28, 20.1!/-

CERTIFICATE OF SERVICE

On this the ~ay of June 2010, a true and correct copy was personally 09-CR-121-S NOTICE AND DEMAND TO VACATE JURY FINDING VIOAL TION OF THE FAIR DEBT

COLLECTON ACT delivered to the Clerk of the Court and the Clerk will serve counsel by electronic filing.

8

ERIE COUNTY

NEW YORK STATE

) ) ss. )

JURAT





My Commission expires __ -t-_-J'---__ ,-'--__ --IMY CC:"" ,_"'V;, EXPIR£S FEB. 28, 20.1!/-




8

ERIE COUNTY

NEW YORK STATE

) ) ss. )

JURAT





My Commission expires __ -t-_-J'---__ ,-'--__ --IMY CC:"" ,_"'V;, EXPIR£S FEB. 28, 20.1!/-




8


" " " " " "


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

- - - - - - - - - - - - - - X UNITED STATES OF AMERICA ) 08-CR-54 (WMS)

) 09-CR-121 (WMS) vs. ) 09-CR-141 (WMS)

) SHANE C. BUCZEK, )

Defendant. ) Buffalo, New York ) August 20, 2009

- - - - - - - - - - - - - - - - X 1:47 p.m.

TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE H. KENNETH SCHROEDER, JR.

ALSO PRESENT:

AUDIO RECORDER:

TRANSCRIBER:

UNITED STATES MAGISTRATE JUDGE

KATHLEEN M. MEHLTRETTER, ESQ. Acting United States Attorney BY: GEORGE C. BURGASSER, ESQ. Assistant United States Attorney 138 Delaware Avenue Buffalo, New York 14202

MARIANNE MARIANO, ESQ. Federal Public Defender BY: BRIAN COMERFORD, ESQ. Assistant Federal Public Defender 300 Pearl Street, Suite 450 Buffalo, New York 14202 Appearing on behalf of the Defendant

Scott Kawski, U. S. Probation Office Curtis Middlebrooks, U.S. Probation Office

Llane M. Guidotti

Christi A. Macri, FAPR, RMR, CRR, CRI Kenneth B. Keating Federal Building 100 State Street Rochester, New York 14614-0222

25 (Proceedings recorded by electronic sound recording, transcript produced by computer) .

1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24




) 09-CR-121 (WMS) vs. ) 09-CR-141 (WMS)



- - - - - - - - - - - - - - - - X 1:47 p.m.


ALSO PRESENT:

AUDIO RECORDER:

TRANSCRIBER:





Liane M. Guidotti



1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24




) 09-CR-121 (WMS) vs. ) 09-CR-141 (WMS)



- - - - - - - - - - - - - - - - X 1:47 p.m.


ALSO PRESENT:

AUDIO RECORDER:

TRANSCRIBER:





Liane M. Guidotti



1


12

1 will permit, stipulate that he did, in fact, mail these documents

2 to the Treasury that were -- that are in question here.

3 We're not contesting saying that he didn't do it, but we

4 would like argument on whether it should be considered a violation

5 of the conditions of his bail.

6 MR. BURGASSER: Now, just as to Count 6, Your Honor, that

7 has to do with the restrictions to his residence and what he's

8 allowed to do.

g Again, Ms. Pavor is here and she would testify that as

10 to the notarizations that took place during the months of July and

11 August, that he came to her office.

12 MAGISTRATE JUDGE SCHROEDER: But he was allowed to leave

13 the premises while acting in his own behalf as pro se attorney in

14 these matters, and if he believed this was still part of his

15 pro se attorney function, are you really asking me to say he's in

16 violation of a term and condition of bail?

17 MR. BURGASSER: I'm looking for that condition to see if

18 it's worded that way.

19 MAGISTRATE JUDGE SCHROEDER: Well, I said that -- I said

20 that Mr. Buczek could do things that were necessary in

21 representing himself in responding to the three indictments.

22 I mean, he's got to be able to do what he thinks is

23 necessary for him to defend himself, at least up to the point in

24 time when he was representing himself.

25 MR. BURGASSER: Well, in the past she was able to go to

12








8 allowed to do.


















12








8 allowed to do.



















1 his house if he so requested. It also seems he could have it

2 mailed. That's not in the order, Your Honor. I believe that

13

3 would have been included in the order or it would have had to have

4 been--

5 MAGISTRATE JUDGE SCHROEDER: Let me cut through this --

6 and I'm not trying to prevent anybody from having their day in

7 court or having any legal argument, but I have to say, with all

8 due respect to the executive branch of the United States

9 Government, notwithstanding the precipice of danger that we find

10 ourselves in starting with 9/11, the economic crisis, what we

11 still have going on in the world, health care, the fragilis of

12 Government, the lack of respect of Government both by way of

13 corruption as well as by way of waste, I'm having a very difficult

14 time understanding why the United States Government is so

15 intimidated and so paranoid and so perplexed over what is in front

16 of me that it has gone to the point of taking up this Court's

17 time, taking up the U.S. Attorney's Office's time, and even going

18 to the grand jury in those two prior cases on so-called alleged

19 bail violations.

20 You know, if the U.S. Attorney's Office wants to do

21 something constructive and valuable to the public and to the

22 taxpayer, and they're concerned about filings and documents, I

23 strongly urge, as I have in the past, that they set up a special

24 unit over there to start pursuing the fraudulent financial

25 affidavits that are filed, especially in the drug cases where we



13


4 been--















19 bail violations.









13


4 been--















19 bail violations.








1 have people who haven't worked in ten years and are driving big,

2 expensive cars and don't have any means of support, but yet the

3 Government just seems to turn their head away.

4 But we're going to spend a lot of time on what I have

14

5 already described as a bunch of gibberish filed by Mr. Buczek. It

6 seems to me that it's somewhat vindictive and somewhat retaliatory

7 on the part of a certain assistant U.S. Attorney in pursuing this.

8 MR. BURGASSER: Who I hope is not

9 MAGISTRATE JUDGE SCHROEDER: It's not you, Mr. Burgasser.

10 It's not you, Mr. Burgasser.

11 MR. BURGASSER: Your Honor, if I could just address that?

12 I actually do take interest in the one comment you just made about

13 financial affidavits, and I would like to report that back to my

14 superiors.

15 MAGISTRATE JUDGE SCHROEDER: I wish you would because I

16 have said that probably from about the second year I went on this

17 bench.

18 MR. BURGASSER: We have no disagreement there.

19 But what I would like to say is I understand the Court's

20 time, I understand the assistant United States Attorney's time, as

21 well as our office's time, the time that's being taken up here --

22 and I know how the initial charges were laid was due to the time

23 that's being taken up by the Internal Revenue Service dealing with

24 certain individuals, not just perhaps this defendant, but other

25 individuals that are part of the sovereign citizen movement.





14










14 superiors.



17 bench.













14










14 superiors.



17 bench.










15

1 It's kind of like if everybody in the world stole a

2 nickel, it would be worth a lot. A nickel by itself doesn't mean

3 much. That's what's happening here in this case.

4 Mr. Buczek

5 MAGISTRATE JUDGE SCHROEDER: We have Mr. Madoff stealing

6 billions and the SEC didn't seem to be too concerned for ten

7 years, so that's a poor analogy.

8 MR. BURGASSER: The IRS -- and I've spoken to the IRS

9 agents, the Inspector General's Office, and apparently there's

10 quite a movement afoot that involves documents very similar to

11 this throughout the United States.

12 And but for the fact of a lot of motions that would have

13 been brought here in these proceedings, certain fraudulent

14 instruments and the continued filings in this court, perhaps less

15 time would have been taken up.

16 As far as what was happening in this case previously, as

17 I told the Court before, you know, I'm aware of the additional

18 counts that were added. I've taken a look at that since I was

19 here on Monday, and I'm here for the purpose of asking the Court

20 to revoke bail and, obviously, that's the Court's final

21 determination.

22 I'm also here on behalf of the U.S. Attorney's Office

23 asking for the Court to consider contempt under 3148(c).

24 We're also moving under 3148(b) as to the possible

25 federal crime, whether it be contempt or underneath 1521 of

15




4 Mr. Buczek

















21 determination.





15




4 Mr. Buczek

















21 determination.






1 communication in any form with any government agencies.

2 MAGISTRATE JUDGE SCHROEDER: In the context of these

3 three indictments. Mr. Bruce was all upset about how he was

4 communicating terrible things as it related to the three

5 indictments.

21

6 MR. BURGASSER: But also when we go to the order adding a

7 condition of release, again, I didn't think the Court was being

8 very fair both to the Government, as well as to Shane, by setting

9 up a way that he could contact even the Internal Revenue Service

10 or the Treasury Department, but it had to do with a specific

11 format.

12 And in one sense if there was going to be a telephone

13 call or some other form of contact, there needed to be one day

14 notice; if it's going to be something written or something that

15 was going to be filed or mailed to them, there was supposed to be

16 two day notice so it could be reviewed by Pretrial. If Pretrial

17 agreed with it, it could go; if not, it could be brought to the

18 Court and the Court would make a ruling on it.

19 And, obviously, that didn't occur in this case.

20 MAGISTRATE JUDGE SCHROEDER: All right. Now, let me

21 address the other issue with respect to Pretrial Services. I,

22 quite frankly, am -- I won't even say somewhat. I, quite frankly,

23 am disturbed about the way this whole thing generated.

24 We have a simple alleged bail violation. If Mr. Bruce

25 really was concerned about the bail violation, as we do in





5 indictments.

21






11 format.



















5 indictments.

21






11 format.
















1 practically all cases, the Government merely needs to file a

2 motion with an affidavit saying we believe that the defendant is

3 in violation of terms and conditions of bail and we're moving to

4 have his bail revoked.

5 I have some real serious problems with Mr. Bruce

22

6 unilaterally communicating with the Pretrial Services Unit of the

7 United States Probation Office, which is there to serve the Court,

8 not the U.S. Attorney's Office, having these conversations.

9 And I'm not sure what it is Mr. Bruce told Mr. Kawski,

10 but I will say to you in all candor that I am of the opinion that

11 Mr. Bruce may have even mislead Mr. Kawski as to the seriousness

12 of this violation or the content of what these documents were that

13 constituted a violation to the point that he got Mr. Kawski to

14 request an arrest warrant.

15 And then Mr. Bruce doesn't go to me, he doesn't go to

16 Judge Skretny, he ends up in front of the chief judge of the

17 district and gets that arrest warrant.

18 In the past, in much more serious cases, including

19 serious drug cases, people have been brought in on a summons when

20 there's a claim of a bail violation.

21 And when I look at the totality of the circumstances in

22 these three indictments, I am rapidly coming to the conclusion

23 without making a formal legal finding that Mr. Bruce is bent on

24 a path of vindictiveness and retaliation against this defendant.

25 He reminds me -- and my memory doesn't serve me well






22


























22






















23

1 enough to pull up the name -- but he is the inspector from

2 Les Miserables who would spend 20 years chasing the man who stole

3 a loaf of bread because he was starving.

4 Doesn't the United States Attorney's Office have more

5 important things to do? Crime running rampant out there, young

6 kids blowing their heads off every day, the drug scene out there

7 just outrageous, innocent people can't even drive down the streets

8 without being shot at, and here we're spending this time on this

9 ridiculous nonsense.

10 MR. BURGASSER: Your Honor, just one thing as to what you

11 said. It's my understanding -- and this is hearsay from

12 Mr. Bruce -- he advised me that he did contact your chambers and

13 was told that there were no matters pending before --

14 MAGISTRATE JUDGE SCHROEDER: There weren't. All my

15 motions had been decided.

16 MR. BURGASSER: And they were told they should go to the

17 district court. It's my understanding, from Mr. Bruce again, that

18 Judge Skretny was not available -- I don't know if Judge Skretny

19 was available or not available, but that's how it ended up in

20 front of Judge Arcara.

21 MAGISTRATE JUDGE SCHROEDER: Oh, I know that. My point

22 is why didn't he just file a motion saying it's the Government's

23 position that Mr. Buczek is in violation of bail, we're moving to

24 have his bail revoked, instead of going and getting Mr. Kawski

25 involved, getting the Probation Office involved and getting an

23


























23



























1 arrest warrant? We could have brought this all here on the

2 motion.

3 MR. BURGASSER: Your Honor, obviously, I don't have an

4 answer for that. I wasn't involved there --

5 MAGISTRATE JUDGE SCHROEDER: I know you weren't.

6 MR. BURGASSER: -- I was asked by Ms. Mehltretter and

7 Mr. Bruce to come and handle the revocation. Again, I'll carry

8 that concern back.

24

9 MAGISTRATE JUDGE SCHROEDER: I am afraid it won't do any

10 good.

11 MR. BURGASSER: Well, I'll still carry that concern back.

12 MAGISTRATE JUDGE SCHROEDER: No, I understand because

13 what happened after the last alleged bail violation is Mr. Bruce

14 ran to a grand jury and we have one of the indictments charging

15 which is another unheard of thing in this district, going to a

16 grand jury on a bail violation of this nature.

17 MR. BURGASSER: Your Honor, as I said at the beginning,

18 you know, we're looking at one defendant. I think, again, on

19 behalf of the Internal Revenue Service that are our office is

20 representing, that this has been an ongoing problem.

21 I believe that I have the agent here who, if you would

22 like to speak to her, put her under oath, she would be willing to

23 address the reasons behind Mr. Buczek, the amounts of paperwork

24 and liens and other documents --

25 MAGISTRATE JUDGE SCHROEDER: If that same effort would be


2 motion.







24


10 good.

















2 motion.







24


10 good.

















1 utilized to go after the millionaires in this country who dodge

2 our taxes, who have hidden accounts in Switzerland, who have all

3 kinds of underground income, we wouldn't have the deficits we

4 have.

25

5 MR. BURGASSER: Well, I believe they're attempting to do

6 the Swiss bank accounts.

7 MAGISTRATE JUDGE SCHROEDER: Well, they seem to be taking

8 an awful long time to even get the ball rolling. So don't tell me

9 about them spending a lot of time and hours on this kind of a

10 case.

11 MR. BURGASSER: Well, the amount of documents that are

12 filed by this group, sovereign citizens --

13 MAGISTRATE JUDGE SCHROEDER: That's something different.

14 We're dealing with an individual, Mr. Buczek.

15 This is an organization that's in existence throughout

16 the United States. If the IRS has concerns about a national

17 organization, they certainly have the tools and the manpower and

18 the muscle in Washington, D.C. to do what needs to be done, but

19 not picking on one individual in Buffalo, New York is going to

20 resolve the problems with this national organization, and to say

21 otherwise would be an insult to my intelligence.

22 MR. BURGASSER: I won't insult your intelligence, Your

23 Honor, but we are concerned --

24 MAGISTRATE JUDGE SCHROEDER: So no one gets the wrong

25 idea that I'm some left-wing liberal who has gone amuck, as you




4 have.

25






10 case.



















4 have.

25






10 case.

















26

1 well know, I worked in the Department of Justice, I was the United

2 States Attorney for the Western District of New York, I do know

3 how government works and I know what government is about and I

4 know what government's obligations are to serve the people.

5 MR. BURGASSER: I'm not arguing that point to the Court,

6 Your Honor.

7 All I'm saying is that the IRS is an agency that we

8 represent, there's a concern about Mr. Buczek, there's a concern

9 about the filings that have been made.

10 MAGISTRATE JUDGE SCHROEDER: I didn't realize they were

11 so fragile.

12 MR. BURGASSER: As far as what Mr. Bruce might be

13 thinking or what Mr. Bruce is doing, this is Mr. Bruce's case.

14 MAGISTRATE JUDGE SCHROEDER: I know. I'm not holding you

15 responsible for anything that Mr. Bruce did.

16 MR. BURGASSER: You know, looking on the face of the

17 paper, there's obviously, you know, in this AUSA's opinion,

18 there's a violation.

19 MAGISTRATE JUDGE SCHROEDER: All right. I understand.

20 Mr. Comerford, do you feel the need to say anything?

21 MR. COMERFORD: Judge, I was prepared to. But I will be

22 asking that bail be continued on the same conditions. If the

23 Court doesn't need to hear anymore, I won't take up more of the

24 Court's time.

25 MAGISTRATE JUDGE SCHROEDER: All right, I think that's a

26






6 Your Honor.





11 so fragile.













24 Court's time.


26






6 Your Honor.





11 so fragile.













24 Court's time.



1 stay to appeal it to the district court judge.

2 MAGISTRATE JUDGE SCHROEDER: I'm not going to grant the

3 stay. That's denied. He's in home confinement. It's not like

4

5

6

7

8

9

10

11

12

he's going to flee.

Anything else?

MR. COMERFORD: No, Your Honor.

MAGISTRATE JUDGE SCHROEDER: Thank you.

MR. BURGASSER: Thank you, Judge.

(WHEREUPON, the proceedings adjourned at 2:47 p.m.)

* * *

CERTIFICATE OF TRANSCRIBER

13 I certify that the foregoing is a correct transcript to the

31

14 best of my ability from the official electronic sound recording of

15 the proceedings in the above-entitled matter.

16

17 S/ Christi A. Macri

18 Christi A. Macri, FAPR-RMR-CRR-CRI

19

20

21

22

23

24

25




4

5

6

7

8

9

10

11

12

he's going to flee.

Anything else?





* * *



31



16



19

20

21

22

23

24

25




4

5

6

7

8

9

10

11

12

he's going to flee.

Anything else?





* * *



31



16



19

20

21

22

23

24

25

buczek 20101012 judicial notice title 18 not law, etc 54 & 121 & 141

Documents