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Family of buczek as third-party intervener and grantor / beneficiary for the alleged defendant SHANE C. BUCZEK a U.S. TRUST declare under pains of penalty and perjury hat the following is true, correct arid complete arid not misleading to the best of my knowledge.
Family of buczek as third-party intervener and grantor / beneficiary for the alleged defendant SHANE C. BUCZEK a U.S. TRUST declare under pains of penalty and perjury hat the following is true, correct arid complete arid not misleading to the best of my knowledge.
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Family of buczek as third-party intervener and grantor / beneficiary for the alleged defendant SHANE C. BUCZEK a U.S. TRUST declare under pains of penalty and perjury hat the following is true, correct arid complete arid not misleading to the best of my knowledge.
Droits d'auteur :
Attribution Non-Commercial (BY-NC)
Formats disponibles
Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
EXHIBIT APage 1 of 7
hilt
=" CONSUMER
SENTINEIewor
‘aware ge
ates
Record Details
P consumer Sentinel Network Complaints
[Record #7 of 207 Consumer Sentinel Network Complaints
Reference 26877583,
Number: Reference|
Number: |
coral
Type:
"Language: [English
‘Source: Consumer
Comments: ‘rye U.S ATTORNEY CAME INTO MY PARENTS AND STOLE PRIVATE PROPERTY
WHICH WAS ALREADY PAID IN FULL PURSANT TO PUBLIC POLICY HJR 192 I, shane-
‘phristopher: family of buczek as third-party intervener and grantor/beneficiary for the alleged
jefendant SHANE C. BUCZEK a U.S. TRUST declare under pains of penalty and perjury
thatthe following is true, correct and complete and not misleading to the best of my
Knowledge and that | am over the age of 18 and | am competent to testify to the following
1m my frst hand knowledge: WHEREAS, the public record is the highest evidence form, |,
hane Christopher above third- party intervener, arn hereby timely creating public record
ith this Affidavit by Verified Declaration in the jurisdiction of New York republic and the
lUnited States of America, See Exhibit "A NOTICE OF MEMORANDUM OF LAW POINTS
ND AUTHORITIES IN SUPPORT OF INTERNATIONAL BILL OF EXCHANGE &
ISCHARGE OF DEBT PLAIN STATEMENT OF FACTS 1. Fact: I, Shane Christopher
bove third-party intervener, have not seen or been presented with any admissible evidence|
nich demonstrates that, primarily, the DEPARTMENT OF JUSTICE SERVICE
smething other than a collection agency, arid believe that none exists; 2. Fact: !, Shane
shristopher above third-party intervener, have not seen or been presented with any
‘admissible evidence which demonstrates that, primarily, the DEPARTMENT OF JUSTICE
‘SERVICE is something other than a corporation incorporated in the State of Delaware in
+1933, and believe that none exists; 3. Fact |, Shane Christopher above third-party
{ntervener, have not seen or been presented with any admissible evidence which
‘demonstrates that, primarily, the DEPARTMENT OF JUSTICE is something other than a
‘corporation unlawiully acting under color of law as a government agency, and believe that
‘one exists; 4, Fact: I, Shane Christopher above third-party intervener, have not seen or
een presented with any admissible evidence which demonstrates that, primarily, that the
DEPARTMENT OF JUSTICE SERVICE is not required to adhere to Title 15 chapter 41
‘ubchapter V § 1962, and believe that none exists; 5. Fact: | understand that under Title 15
ISC 1692f Sec 808(2), that the use of promissory notes is authorized by the Fair Debt
collections Act. 6. Fact: The government acted as a debt collector without the necessary
lidation letters and Miranda warnings and making a demand for payment, all in violation of
the FDCPA Act. 7) Fact: The government lacked jurisdiction in this case to prosecute under
[Title 18, wherein this matter was civil State under State jurisdiction which provides a
ldiversion program for bad check writers, Congress enacted the Fair Debt Collection
Ltens:/ aww. consumersentinel. cov/papes/RecordDetails.aspx?documentNumbers=1~2~9... 7/16/2010—————
‘Complaint PUBLIC USERS - CIS.
| roan 000 oo
Page 2 of 7
ractices Act 15 USC 1692 et.seg. to curb abusive debt collectors from having citizens sent
(0 prison for writing bad checks... 8) Fact: The government never produced verification of
the debt or a copy of a judgment that is mandatory under the FOCPA Act. See Exhibit “B"
‘AIR DEBT COLLECTION PRACTICES ACT as amended by Pub.L 109-361 9) Fact: There|
.§ no intent ‘Mens Rea’, to defraud Best Buy/HSBC, for Petitioner believed in what he was|
foing was proper. 10) Fact: Petitioner's state of mind was such as he had a good faith belief
|in what he was doing even though if he was mistaken in that belief, there would be no crime
is supported by the Cheek decision by the Supreme Court. 11) Fact: TITLE 15 > CHAPTER|
Source: |
: 836,000 00
|__Requested: | __ — Te — —_
Payment ore Paymont Method (Note in ‘Agency iniomet
Method: (Comments) _ Contact: | _
Complaint 30/2010 ‘Transaction |12/8/2008
Date: _ _Date: =
initial Contact: jn Person Initial Phone: other
__ Response: |
‘Fair Debt Collection Practices Act Law Falsely Represents Character,
| Violation: Amount, Status of Debt
| alsely Threatens Suitllegal or
| nintended Act
i Falsely Threatens Arrest, Seizure of
' ; Property
| i ‘Refuses to Verify Debt After Debtor
i ‘Makes Written Request
j als to Send Written Notice of Debt
| to Debtor
ollects Unauthorized
Inlerest\Fees\Expenses
ells Someone Other Than Debtor
bout Debt
Ises or threatens to use violence
Uses obscene, profane or otherwise
busive language _
Credit Bureau
| - Resolved to
Complaining
|CompanyiOrg. - =
|__ First Name: Last Name: Christopi _|
‘Address: | Address 2: | a
a ie
hee
aac:/hananw ennenmercentinel eov/pages/RecordDetails.aspx?documentNumbers=1~2~9... 7/16/2010.Page 3 of 7
U's. Depariment OF Justice We:
i38 DELAWARE AVENUE
Phone 8435700
Number:
| Representative MARY BAUMGARTEN
l Nami
bttne://ananw consumersentinel.gov/pages/RecordDetails.aspx?documentNumbers=1~2~9... 7/16/2010Page 4 of 7
(Record #2 of 201 Consumer Sentinel Network Complaints
Reference 26840508 Originator
Number: | Reference!
I |___ Number:
Language: English | Contact Complaint
__Typ
‘Shane C Buczek'NOTICE AND DEMAND TO VACATE JURY FINDING VIOALTION OF
|THE FAIR DEBT COLLECTON ACT TITLE 15 USC 1692 ET.SEQ. 806. Harassment or
sbuse 15 USC Sec. 1692dThe jurisdiction aver bad checks/promissory notes in debt
Collection is wth the State. Seé..Cite 18 USC 1692p Through State sponsored Diversion
programs, Congress enacted the Fair Debt Collection Practices Act 15 USC 1692 et.seg. to
b abusive debt collectors from having cizens sent to prison for writing bad checks... §
Tia, Valsaion a debt () Nol of eb, contents Vin ve days ater th nl
-Jeommunication 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 writen notice containing— (1) the
‘amount of the debt; (2) the name of the creditor to whom the debt is owed; A debt collector
‘nay not engage in any conduct the natural consequence of which is to harass, oppress, of
‘abuse any person in connection with the collection of a debt. Without limiting the general
Fepplicaton ofthe foregoing, the follwing conduc isa violation ofthis section: he
{goverment through AUSA Bruce wrote more than 22 threatening letters to Petitioner, and
hrad frequent meetings with him, wherein he harassed and intimidated Petitioner, alin
Violation of said Petitioner's rights and all without the required validation letters and mini
IMiranda warnings. The statute is there to prevent situations like these from being
brosecuted federally. If allowed to continue AUSA Bruce would have thousands of people
mprisoned for writing bad checks, which i in violation of the congressional intent ofthe
‘AIR DEBT COLLECTION PRACTICES ACT which provided a diversion program under
tate jurisdiction. AUSA BRUCE FAILED TO PROVIDE THE VALIDATION AND MINI
MIRANDA WARNINGS. The charging document, the indiciment, fails to provide the required]
Nvalidation warnings and mini Miranda warnings, nor do any of the correspondence and
pleadings from AUSA Bruce contain the required waming, 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
jin the plea bargain. 1. The FOCPA is a strict lability statute, and one violation is sufficient to
| establish liability. Bentley v. Great Lakes Coll, Bureau, 6 F.3d 60 (2d Cir. 1993): A debt
Collector who violates the FOCPA is liable for actual damages, additional statutory damages
up to $1,000 per action, attomey fees, and costs. 15 U.S.C. 1692k(a). 2. b. Notice of
‘Validation rights and Miranda warning! Attorneys who fit the definition of "debt collector”
rnust give the Miranda warning required by § 1692e(11) in their inital communication and
‘rust give an adequate written notice of the debior’s validation rights under § 1692g within 5 |
ays ofthe intial communication. 3, Some attorneys who have failed to give the Miranda
warning have been held lable for violating § 1692e(11). Romea v. Helberger & Associates,
163 F.3d 111, 113-119 (2nd Cir, 1998)(falure to give § 16926(11) notice not excused in
tice to vacate letter); Frey v. Gangwish, 970 F.2d 1516, 1519-1520 (6th Cir. 1992)(post-
judgment letter to judgment debtor was inital communication wit. PS9000: US
IGOVERNEMENT Other-Other Update
FICCIS-FTCUSER Entry Date: [25/0070 —
Updated By: CRSSIpwiliamson | Updated 6/25/2070
_ 4 Dates)
‘Complaint PUBLIC USERS - CIS. i Product Other (Note in Comments)
Source: | | Service!
nene-//arway consumersentinel.cov/pages/RecordDetails.aspx?documentNumbers=1~2~9..._ 7/16/2010Payment ther Payment Method (Note in
Method: (Comments)
“Complaint 5/25/2010 ‘Transaction 1/16/2008
espe - Dato:
initial Contact: in Person Initial In Person
|. Response:
Law Deceptionitlisrepresentation
7 |___ violation:
Dispute with
| Credit
Bureau?:
Dispute with| Dispute with |
Credit Bureau -| | credit Bureau
Responded?: | ke Resolved to
= L _ Satisfaction?: | a
7 - Consumer _ oe
Complaining]
[Company/on
First Name: SHANE CHRISTOPHER
Phone 8436700
_Number: |
Title: BRUCE
Latte: //hananay consumersentinel_ gov/pages/RecordDetails.aspx?documentNumbers=1~2~9... 7/16/2010Page 6 of 7
[Record #8 of 201 Consumer Sentinel Network Complaints
Number:
Reference ° 20780
iganization Bg
7262010 AEasterlng customer Sales he has not consented to any oftheir contacts and
{hat they therefore have no consenting jurisdiction over me, Shane, areal ving private man
mmercan sovereign individual require a full vestigation be conducted becesve | belive
{hore fe no laguul evidence to the contay ofthe crimes the US DO, has committed again
Ine
Entered By: USPS-USER "Entry Date: 3198/2010
Updated By: Updated
\US Postal Inspection Service
Service!
Initial Contact: Mail
Payment| ‘Agency Exiemal Agency
Method: Contact a
Gomplaint 5/26/2010 Transaction
Date: - | Date: .
- |
|
Dispute with,
Credit
Dispute with] Dispute wih,
Credit Bureau - Credit Bureau!
Responded?: = Resolved to!
. __Batisfaction?: | _ —
: - “consumer — -
is ‘Complaining!
‘ompanylOrg, — -
st Name: [Shane ~__|_Tast Name: [Christopher
Address [Address
City:
UNITED STAT =o eam
|Home Number: Work? |
acer dNatatle aemy?dinenmentNimherce!3-9.. 7/16/2010|__StateiProv: New York
Cou
Page 7 of 7