UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone:
MOTION INFORMATION STATEMENT
Docket Number{s): 10-4753/12-5017 Caption [use short title]
Shane Christopher Buczek -v- UNITED STATES
Modonfor: Judicial Notice FRev 201 c(2)(d) and (e)
NOT PRESENTED TO A GRAND JURY
Set forth below precise, complete statement of relief sought:
Fifth Amendment Violation No Grand Jury
Concurrence form DC-54 and Not Presented to a
Affadavit of Facts under penalty of perjury 28 USC
Grand Jury No Real Party Rule 17a
Sec. 1746 (1) where the record shows that all
matters where never Presented to a Grand Jury with
Tampering with a Witness 18 USC Sec.1512
MOVING PARTY: Shane -Christopher family of Buczek OPPOSING PARTY: UNITED STATES ein 16-1906078
DDefendant
DAppellee/Respondent
MOVING ATTORNEY: Self livina man not a oerson OPPOSING ATTORNEY: Monica J. Richards Trustee
[name of attorney, with firm, address, e!Jone number and e-mail]
clo 7335 Derby Road 138 uelaware Avenue, Federal Centre
Derbv New York fnear 140471 Buffalo, New York [near 14202]
[Non-Domestic without the US] Non- AssumpSit rNon- Domestic without the DSl Non Assumpsit
All Rights Reserved UCC 1-308 See 26 USC Sec. 6050P I ax Fraud False Claim
Court-Judge/Agencyappealed from: William M. Skretny CIJI Buffalo New York (Tax fraud to IRS CID Department)
Please check appropriate boxes: FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND
INJUNCTIONS PENDING APPEAL:
Has counsel (required by Local Rule 27.1): Has request for relief been made below?
Yes BNO
(explain):______________
Has this relief been previously sought in this Court?
B
Yes No
Requested return date and explanation of emergency:__________
position on motion:
l..JUr.oppo:;::d Q:>pposed Know
Does oPP(lsing intend to file a response:
. DYesDNo00on't Know
IS,oral argument en motioll requested? DYes (requests for oral argument will not necessarily be granted)
Has argument date of appeal been set'! DYes If yes, enter
Date: 3/27/201
Service by: CM/ECF DOther [Attach proof of service]
All Righ., Reserveo UCC 13ct:11207 WITHOUT THE [PRE[SERVATION OF ALL RIGHTS 9THIS MATTER THERE IS NO JUUSTICIABLE CONTROVERSY IN THIS MATTER)
- E
'f'I;:7
=
ORDER
(Jj
...
G
>
IT IS HEREBY ORDERED THAT the motion is GRANTED DENIED. :::-.::1
'"
;;"J '
..
FOR THE COURT:
CATHERINE O'HAGAN WOLFE, '
-0 \.0
Date: _________________ '
By
. p w
r' 0
tn
Form T-I080 (rev. 7-12)
Case: 10-4753 Document: 363 Page: 1 04/01/2013 893283 51
United States Court of Appeals
For The Second Circuit
Shane Christopher House of Buczek
-v- Docket: 10-4753/12-5017
UNITED STATES
To: Clerk/Circuit Court Judges
AFFIDAVIT OF FACTS UNDER THE PENALTY OF PERJURY 28 USC
Sec. 1746 (1) Mandatory Judicial Notice pursuant to FRev 201(c) (2) (d) and
(e) Jury tampering By AUAS Anthony Bruce in Buffalo New York 18 USC
1512 - Tampering with a witness, victim, or an informant
AND NOW comes PetitionerlAppellant, Shane Christopher Buczek under Special
Appearance on and for the record as a third Intervener and Secured Party VCC 1
Financing statement 2009-344-6800-0 Revenue Tracking number 1230830 filed
12/09/2009. The record shows Tampering with a witness, victim, or an
informant Title 18 >Part I > Chapter 73> Section 1512 by AUAS Anthony
Bruce in Buffalo,New York where the matter was never Presented to a Grand
JUry.
TAMPERING WITH A WITNESS
1
"All codes, rules and regulations are applicable to the government authorities only, not human/Creators
in accordance with God's laws. All codes, rules and regulations are unconstitutional and lacking in due
process ..." Rodriques v Ray Donavan (U.S. Department of Labor), 769 F. 2d 1344, 1348 ( 1 9 8 ~ )
Case: 10-4753 Document: 363 Page: 2 04/01/2013 893283 51
Title 18, U.S.C., Sec. 1512, makes it a Federal crime or offense for anyone to
use intimidation or physical force to threaten another person with intent to
influence the testimony of a witness in any Court proceedin".
A person can be found "uitty of that offense only if all of the followin" facts
are proved beyond a reasonable doubt: First: That the witness was scheduled
to be a witness in court; Second: That the person used intimidation/physical
force a"ainst such witness; and Third: That the person did so knowin"ly and
willfully with the intent to influence the testimony of the witness.
To act with intent to "influence" the testimony of a witness means to act for
the purpose of "ettin" the witness to chan"e or color or shade his or her
testimony in some way; but it is not necessary to prove that the witness'
testimony was, in fact, chan"ed in any way.
Some jury tampering cases have involved physical barriers or obstructions to the
courthouse, and protests or pamphleting in the courthouse area. At issue in such
cases is the conflict between First Amendment protections of expression and
coercive influencing of jurors. Wood v. Georgia, 370 U.S. 375 (1962) held that a
state may not punish out-of-court statements critical of judicial actions, absent
special circumstances showing an extremely high likelihood of serious interference
2
"All codes, rules and regulations are applicable to the government authorities only, not human/Creators
in accordance with God's laws. All codes, rules and regulations are unconstitutional and lacking in due
process ..." Rodriques v Ray Donavan (U.S. Department of Labor), 769 F. 2d 1344,1348 (1985)
Case: 10-4753 Document: 363 Page: 3 04/01/2013 893283 51
with the administration ofjustice. It approved the clear and present danger standard
used in Bridges v. California, Pennekamp v. Florida, and Craig v. Harney. Id.,
at 314 U.S. 252 (1941); 328 U.S. 331 (1946); and 331 U.S. 367 (1947),
respectively.
The Code of Ethics applicable to attorneys often addresses the type of
communications prohibited between attorneys and jurors on the grounds of jury
tampering. Some of the issues examined in court cases, among others, include
whether the person communicated to a specific juror or a general group, whether
the person revealed evidence not available to the public, and whether it was a
general criticism of government protected by free speech rights.
The following is an example of jury tampering in Buffalo New York By AUAS
Anthony Bruce.
"A person commits jury tampering if, with intent to influence a juror's vote,
opinion, decision or other action in a case, such person directly or indirectly,
communicates with a juror other than as part of the normal proceedings of
the case." See Attachment (1)
3
"All codes, rules and regulations are applicable to the government authorities only, not human/Creators
in accordance with God's laws. All codes, rules and regulations are unconstitutional and lacking in due
process .. " Rodriques v Ray Donavan (U.S. Department of Labor), 769 F. 2d 1344, 1348 (1985)
Case: 10-4753 Document: 363 Page: 4 04/01/2013 893283 51
Declaration
I declare under the penalty of perjury that the foregoing is true and correct
See 28 USC Sec. 1746 (1)
Date 03/2712013
Respectfully Submitted,
By:L.
FOR SHANE C. BUCZEK
Shane Christopher Buczek
Executor ofthe Estate
Attachment (1) By William-Edwin:Diehl and Acknowlegement of Notary
April 23,2010 at &t letter Attachment at &t letter showing bill paid by
Prepaid Treasury Account and Flight itinerary US Airways Flight 1064
4
"All codes, rules and regulations are applicable to the government authorities only, not buman/Creators
in accordance with God's laws. All codes, rules and regulations are unconstitutional and lacking in due
process ..." Rodriques v Ray Donavan (U.S. Department of Labor), 769 F. 2d 1344, 1348 (1985)
Case: 10-4753 Document: 363 Page: 5 04/01/2013 893283 51
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
CAPTION:
Shane-Christopher Buczek v.
CERTIFICATE OF SERVICE
Docket Number: 10-4753/12-5017
UNITED STATES
I, Shane hereby certify under penalty of perjury that on
(name)
03/2712013 28 USC Sec. 1746(1) , I served a copy of Judicial Notice FRev 201
pursuant to 1746 (1) Affidavit of William-Edwin:Diehl from New Jersey
(list all documents)
by (select all applicable)*
,)Sea. ,i 1
o United States Mail
o Federal Express
D Overnight Mail
o Facsimile
I t/ I E-mail
[2J Hand delivery
on the following parties (complete all information
Frank Perez,Deputy Clerk 40 Foley Square
New York New York [near 10007]
Name Address City State Zip Code
AUSA Monica J. Richards 138 Delaware Avenue Buffalo
New York [near 14202]
Name Address City State Zip Code
Name Address City State Zip Code
us of A
Zip Code
Served byPACER.GOV also served by ELECTRIC FILING DMM 602 1
Name Address City
03/27/2013

Today's Date 16 0
*If different methods of service have been used on different if!cate on a separate
page, the type of service used for each respective party.
Certificate of Service Form
Case: 10-4753 Document: 363 Page: 6 04/01/2013 893283 51
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Case: 10-4753 Document: 363 Page: 7 04/01/2013 893283 51
Case: 10-4753 Document: 363 Page: 8 04/01/2013 893283 51
ACKNOWLEDGEMENT OF NOTARY
STATE OF New Jersey )
) ss.
COUNTY OF Camden )
On the&day of lit)' I I ,two thousand-ten, before me, Katft It'rJ II rn eI" i ((i.
personally appeared :William-Edwin:Diehl, known to me (or proved to me on the basis of satisfactory evidence of
identification) to be the living man whose name is subscribed upon this instrument and acknowledged to me that he
executed the same in his authorized capaCity; and by his signature on this instrument. William-Edwin:Diehl has
acted on behalf of the person who executed this instrument.
To whom it may concern;
I :William-Edwin:Diehl from the New Jersey flew to Buffalo International New York on Thursday March 4, 2010 and
was stopped by three FBI employees at Philadelphia Intemational. I was held up for about an hour with the three FBI
agents asking me Mr. Diehl why you are going to Buffalo? Why are you going to help Shane Buzeck? After being
released from the three agents I finally land in Buffalo.
Anthony Bruce a United States District Attorney. Anthony Bruce came into the hall way to approach me. Anthony
Bruce was harassing me stating that why are you here as a witness for Shane Buzeck, were you there that the day
that Shane tried using the Credit Card at Best Buy. and would not letting me into the court room to testify. I feel that
this may be tampering with a witness, since I had written proof that HJR 192 and UCC-311 states that your signature
creates funds to offset any public debt. I had a letter from one of the Cell Phone Company's stating my account was
paid in full.
......x ......
...,......,......,
)lye. $ ' ............ 2010
Case: 10-4753 Document: 363 Page: 9 04/01/2013 893283 51
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Case: 10-4753 Document: 363 Page: 11 04/01/2013 893283 51
VOL. I I
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
-vs 09-CR-121S
SHANE BUCZEK,
Defendant.
Proceedings held before the
Honorable William M. Skretny, Part IV,
U.S. Courthouse, 68 Court Street,
Buffalo, New York on March 3, 2010.
APPEARANCES:
MARY CATHERINE BAUMGARTEN,
Assistant United States Attorney,
Appearing for the United States.
SHANE BUCZEK,
Appearing Pro Se.
BRIAN COMERFORD,
Assistant Federal Public Defender,
Appearing as Standby Counsel for Defendant.
Michelle L. McLaughlin, RPR,
Official Reporter,
U.S.D.C. W.D.N.Y.
(716)332-3560
Case: 10-4753 Document: 363 Page: 12 04/01/2013 893283 51
97
1 II if he's not the only person on earth that believes
2 this stuff. If a bunch of people believe it, then
3 " he's not just a crazy guy who has these crazy
4 beliefs. He's one of thousands of people to have
5 II the same beliefs, and this witness I think would
6 " know
-
about that, because he's invol ved in other
7 II situations where this same thing happens.
8 THE COURT: This is with respect to the
9 element of willfulness, a good faith
10 misunderstanding of the law that can be an issue in
11 a criminal intent case. Given that,
12 II Miss Baumgarten, what's your position?
13 MS. BAUMGARTEN: Simply because many
14" people believe the wrong thing that's violative of
15 II the law doesn't mean that it equals good faith,
16 II your Honor.
17
THE COURT: All right.
On that basis, you
18 II know, at this point in the proceedings I'm going to
19 sustain the objection.
That's not to say that
20" you're totally precluded at some point, given some
21 II foundational connection to try to introduce good
22 faith misbelief in law.
That may well come into
23 II play, but it's too early based on the evidence of
24 II this witness's testimony.
25 MR. BUCZEK: Judge, basically -
Case: 10-4753 Document: 363 Page: 13 04/01/2013 893283 51
VOL. III
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
-vs 09-CR-121S
SHANE BUCZEK,
Defendant.
Proceedings held before the
Honorable William M. Skretny, Part IV,
U.S. Courthouse, 68 Court Street,
Buffalo, New York on March 4, 2010.
APPEARANCES:
MARY CATHERINE BAUMGARTEN,
Assistant United States Attorney,
Appearing for the United States.
SHANE BUCZEK,
Appearing Pro Se.
BRIAN COMERFORD,
Assistant Federal Public Defender,
Appearing as Standby Counsel for Defendant.
Michelle L. McLaughlin, RPR,
Official Reporter,
U.S.D.C. W.D.N.Y.
(716)332-3560
Case: 10-4753 Document: 363 Page: 14 04/01/2013 893283 51
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24
25
ross-Examination bv
147
I N D E X
WITNESS
PAGE
ERIC J. SCHUMACKER
Continued Direct Examination by Ms. Baumgarten 153
Cross-Examination by Mr. Buczek
156
Redirect Examination by Ms. Baumgarten
165
Recross-Examination by Mr. Buczek
171
Redirect Examination by Ms. Baumgarten
173
Recross-Examination by Mr. Buczek 174
n.5
Ms. Baumqarten 177
Mr. Bucze
am
Redirect Examinatr6n by Ms. Baumgarten
194
MATTHEW JOHNSON
Direct Examination by Ms. Baumgarten 197
Cross-Examination by Mr. Buczek
216
BRADLEY L. PARKER
Direct Examination by Ms. Baumgarten 236
Cross Examination by Mr. Buczek
245
Redirect Examination by Ms. Baumgarten 252
Recross-Examination by Mr. Buczek
254
HENRY FALKOWSKI
Direct Examination by Ms. Baumgarten 270
Cross-Examination by Mr. Buczek 293
Redirect Examination by Ms. Baumgarten 312
RULE 29 MOTION 316
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1 THE COURT: Okay.
2 MR. BUCZEK: And I've been to a lot of
311 seminars.
4
THE COURT: You can't do that, Mr. Buczek.
II There is an obj ection . It's a stand-up obj ect ion.
6 II MS. BAUMGARTEN: I'm sorry.
7
THE COURT: A silent one which I'm going
8 II to acknowledge and sustain.
9
MS. BAUMGARTEN: Thank you, your Honor.
MR. BUCZEK: Are you aware of the
11 II publications that are mostly on You Tube and
12 II throughout the Internet on the bankruptcy of 1933

13 II and accepted for value exempt from levy and
14 II everything is prepaid apparently under public

II policy, and I brought that issue up earlier
III
16 THE COURT: No, you're losing the
17 II question, so I'm going to take th-e initiative and
18 II object to that question and require that it be
19 II wi thdrawn.
MR. BUCZEK: Mrs. Medlock, are you
21 II familiar with my belief system? Are you
22 II familiar
23 THE COURT: Is there a question before
24 II this witness?
MR. BUCZEK: Yes. The question is are you
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188
1 II familiar with my belief system concerning the
2 II bankruptcy of 1933?
3 THE WITNESS: No.
4 II BY MR. BUCZEK:
5 II Q. And House Resolution 192, June 5th, 1933,
6 II passed in Congress which -- Judge, which was
7 II repealed but codified in Title 31 Section 5118.
811 A. No.
9 II Q. Never heard of this?
1011 A. No.
11 II Q. Have you learned about anything about the
12 II banking system since you heard about this case and
13 II my belief system, not just mine but probably
14 II thousands?
15 A. No.
16 Q . About accepted for value?

17 A. No.
18 Q. So you're going to tell me you never received
19 II any accepted for value documents mailed to your
..
20 II office in the last five, ten years?
21 A. If it is, it probably carne in through the mail
22 II room and was routed to an area that could look at
..
23 II it and determine what to do with it.
24 Q. Have you -- have you testified in other similar
25 II cases similar as this one that people have a
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1 II certain belief system on a bankruptcy?
2 II A. No.
3 THE COURT: What does acceptance for
4 II value, what does that mean to you?
II 'tI THE WITNESS: Something would be presented)(
6 II so that it is accepted as money, accepted as money
7 II or something like that. A ~ v
..
8 THE COURT: So it has meaning, those
9 II terms?
-
.". THE WITNESS: Yes. ~
11 THE COURT: Thank you.
12 II BY MR. B U C Z E K :
13 II Q. Mrs. Medlock, do you know the definition of
14 II money?
II A. As written in the dictionary, no.
16 II Q. Weights and measures, correct, gold and silver?
17 II A. I don't know whether that is the definition of
18 II money.
19 Q. I was just asking if you knew the definition of
II money, weights and measures and gold and silver.
21 THE COURT: There was an answer to that
22 II question.
2 3 II BY MR. B U C Z E K :
24 Q. I know. Are you familiar with Article 1
II Section 10 of the United States Constitution?
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393
,.
(Juror excused from the courtroom.)
MR. BRUCE: Continue, Judge?
THE COURT: Yes, please.
~ MR.
BRUCE: According to Mr. Dihl, and as
I understand what Mr. Dihl will testify to is that
II he sent one of these payment from his prepaid
II treasury account to AT&T to pay a bill for $226.17.
II AT&T sent him back a let ter saying his account was
II paid. For the life of me I can't figure out how
II that's relevant to this case. AT&T is not a part
II of this case. Mr. Dihl is not a part of this case,
,...
the fact -- '" Do 15ft> ceSS
THE COURT: What did he use to pay AT&T
II with?
p
-
~ MR. BRUCE: He used the prepaid treasury}(
II account, that's the only relevance that I see .

II He's going to come in here and authenticate a
II letter from AT&T, that AT&T is not a part of this

case. So in that respect I submit that his
-
II testimony with respect to the letter and the letter
., .. _---
itself is irrelevant to this case. OU P/(J(es-s
Well, accept Mr. Buczek knows
*' THE COURT:
about it, and doesn't it relate to his state of
~ 1f I II
mind? l ! ~ . '.
-
-
MR. BRUCE: Not with respect to Best Buy.
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1 COURT: No, not with respect to Best
2 " Buy, but with respect to payment being honored via
..
3 II the treasury account. 11
-
4 II Due MR. BRUCE: Well, the problem is, the -
the payment was made -- well, the letter from AT&T
6
is December 12th of 2009. Based on the way I 1
7
understand businesses working, the payment lould '\..t ft\;-\"
50WhAlL I / \'. .."
8 have been made shortly before The crime in
9
this case was started and completed well in advance
of Mr. Dihl sending whatever he sent to AT&T, so
11 THE COURT: Okay. So then we go where?
12 MR. BRUCE: Well, Mr. Dihl, as I
13 II understand it, knows about Mr. Buczek's beliefs,
14 II and as I understand it is prepared to come in and
II testify about Mr. Buczek's beliefs, and apparently
16 II to testify about Mr. Buczek's state of mind.
17 II First of all, anything with respect to
18 II Mr. Buczek's beliefs that Mr. Dihl knows, he knows
19 II as a result of statements made to him by Mr. Buczek
II outside of court, which are obviously hearsay and
2111 inadmissible under 802. Any statements that he
22 II would make where he would say that oh, I don't
23 II think Mr. Buczek formed the requisite state of
24 II mind, I don't think Mr. Buczek acted willfully, I
II
---
think Mr. Buczek acted intentionally are, don't
BiG i,mf Du e
<P'{J(CS'
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1 II first of all, opinions on the ultimate issue, and
-
2 " under 701, they are impermissible opinion lay
3 II even though they're lay opinion testimony, they're
4 impermissible lay opinion testimony anyway. I
II don't have any cases, because I didn't know this
6 II before I came in, but I think that's fairly obvious
7 II to the Court, or should be fair ly obvious to the
8 II Court.
9 So, I submit that -- and I don't understand
II that Mr. Dihl is going to testify to anything else,
11 II but my understanding is he wants to testify to both
12 II of those things, or he's been subpoenaed here to
13 testify to both of those things. I submit he's
14 II incompetent to testify on both levels, and I would
II ask the Court preclude him.
16 II I can do this one at a time or I can do this by
1711 all four, Judge.
18 THE COURT: You want to comment?
19 MR. BUCZEK: Yes, sure, Judge. I do want
....
II to let you know that Mr. Dihl flew in from
..

21 II Philadelphia last night around 6: 00 0' clock.
22 II Before he entered the plane, he was surrounded by
...
23 three Secret Service. I'm not going to talk about
'II
24 II the names here, but we have the cards and phone

numbers. Three Secret Service asking him where he

/i114

,
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II was going, why are you going to Buffalo, and he
II said he had family business, and he says we know
II why you're going to Buffalo. He almost could not
II get on the plane from Philadelphia to Buffalo last
night. I almost couldn't get him
me - this is hearsay information
here. He told
..
because he
II believes, I should say, that my cell phone is
II
tapped.
-
been no
It's been tapped for
court order to tap my
a long time. There's
cell phone, and every
II time I move or do anything they know where I'm at
or where I'm going
how to prove this.
at
I
every
don't
second.
have the
I don't know
..
technology to
II prove it. But I just want to put that on the
II record, why would three Secret Service guys
II
II
surround the Philadelphia airport last night before
he got on a plane to come here? Why? t fltmpel.itJO
THE COURT: Well, let's find out, what do
II you propose that he testify -
MR. BUCZEK: Judge, basically just to
II
II
authenticate a letter from AT&T. It wasn't a
..
promissory note. It's concerning the prepaid
...
treasury account, and his cell phone is working to

this day, and he was interviewed by the Secret
..

Service about this. They told him take your letter

....
off the Web site. He did, he complied. And he's
-
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397
,.,.
-
1 II here today to testify state of mind, based on my
..
2 II right, under rule -- here it is right here, Judge.
3 II Any conversations about my beliefs are admissible
...
411 under I believe it's 803(3), 803(3) to show my -
5 II the state of mind -- to show my then existing state
6 of mind to the hearsay exception. I hope I said
7 II that right.

8 THE COURT: I understand what you're

9 II saying. But you are going to ask him, or at least
10 II you plan to ask him about your conversations
11 II relating to his knowledge of your state of mind,
12 II your views?

-
13 MR. BUCZEK: I wanted to, and I wanted to
14 II basically just to verify that this is his letter,
1511 that's all.
16 THE COURT: Okay.
17 MR. BRUCE: Judge, 803(3) specifically
18 II excludes evidence on belief s.
19 THE COURT: Excludes what? That's the

20 II state of mind exception to the hearsay rule.
21 MR. COMERFORD: Judge, it excludes beliefs
22 to prove the fact remembered or believed. So, my
23 II understanding is that this wi tness -
24 THE COURT: It's fact related.
25 MR. COMERFORD: This witness couldn't come
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1 II in and say Shane believed X to prove X. But he
2 II could corne in to say Shane believed X to prove that

3 II at that time Shane believed X, if that makes sense .

.
4 II I don't know if it does.
THE COURT: Well, maybe, but you could say
6 II it again.
7 MR. COMERFORD: If he comes in and
...
8 testifies that Shane believes, you know, to use our
..

9 newspaper article, money has no value, okay. If

~
II this witness says that, it can't be used to prove
..
1111 in fact that money has no value. But it could be
12 II used to prove that Shane at that time thought money
13 II had no val ue.
14
if THE COURT: Sure, that's state of mind."'"
MR. COMERFORD: That's my understanding of
1611 803.
17 THE COURT: I'm familiar with -- that's
18 II the last portion
19 MR. COMERFORD: Yes, Judge.
THE COURT: -- of that Section 803(3)
21 II where it talks about fact to prove fact, so
22 MR. BUCZEK: Judge, one more thing I want
23 to let you know. I'm very dedicated in bringing
24 II people into court that directly affect this case.
II Just to give you an idea, I haven't worked in two
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- -
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA, Docket No. 08-cr-054,
*
*
09-cr-121, and 09-cr-141
*
Buffalo, New York
*
v. February 23, 2010
*
*
10:14
*
SHANE C. BUCZEK,
*
STATUS CONFERENCE
*
Defendant. *
*
* * * * * * * * * * * * * * *
TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE WILLIAM M. SKRETNY
UNITED STATES CHIEF DISTRICT JUDGE
APPEARANCES:
For the Government: MARY C.
Assistant United States Attorney
Appearing for the United States
For the Defendant: SHANE C. BUCZEK, pro se
BRIAN P. COMERFORD,
Attorney Advisor
Court Reporter: Patricia A. Galas, Notary Public,
Notary Public
Jack W. Hunt & Associates, Inc.
1420 Liberty Building
Buffalo, New York 14202
(716) 853-5600
Proceedings recorded by mechanical stenography,
transcript produced by computer.
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21 Proceedings
I record of it. Because there are so many things I would like to
I talk about because I found, you know, with the case, you know,
~
I the Fidelity and being sold and the bid bond, performance bond,
I that's something I can talk about here, because I do know about
lit.
And that stuff, if it ever gets to it, it would be
I done in Chambers. And I will not bring it up. I tried to do
I that once before and I went to a psych center.
THE COt.Jl\T I think what you've done is made your
I record. And I think the record's also clear that I cannot have
I conversations with just one party.
~ T H E DEFENDANT: I clearly know that and the

I u.s. Attorney is welcome to be there, but fictitious allegations

I and all those things, you don't talk about? Title 18. And it's
I not really kind of a good thing to do. ~
THE COt.Jl\T: Well, as you know from my decisions,
I certain things are relevant, certain things are not. But with
I respect to issues that relate to your intent, that's where you
I have a little bit of license. But you're going to need some
I guidance, I think, from Mr. Comerford so you can know how you
I can channel your proof.
You have no burden, remember that. You have no burden
I to do anything. You're presumed innocent. And by the
I Government, I mean the United States represented here by
I Ms. Baumgarten and backed up by Mr. Bruce, I don't know exactly
'-.
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VOL. I I
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
-vs- 09-CR-121S
SHANE BUCZEK,
Defendant.
Proceedings held before the
Honorable William M. Skretny, Part IV,
U.S. Courthouse, 68 Court Street,
Buffalo, New York on March 3, 2010.
APPEARANCES:
MARY CATHERINE
Assistant United States Attorney,
Appearing for the United States.
SHANE BUCZEK,
Appearing Pro Se.
BRIAN COMERFORD,
Assistant Federal Public Defender,
Appearing as Standby Counsel for Defendant.
Michelle L. McLaughlin, RPR,
Official Reporter,
U.S.D.C. W.D.N.Y.
(716)332-3560
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19
I N D E X
WITNESS PAGE
JAMES SAUER
Direct Examination by Ms. Baumgarten 36
Cross-Examination by Mr. Buczek 81
O]SEY K E L ~ -c>TC- L.
Direct Examination by Ms. Baumgarten 85
Cross Examination by Mr. Buczek
a:>
Redirect Examination by Ms. Baumgarten 114
ERIC J. SCHUMACKER
Direct Examination by Ms. Baumgarten 118
GOVERNMENT EXHIBITS EVD.
1 41
2 through 10 45
12 through 16, 27 through 29,
30, 40, 41 48
34, 35, 36 51
20, 20A, 21A, 21B, 24, 24A 66
21, 21A, 21B 68
15 71
15A, 25, 25A 73
31 75
22, 22A, 23, 23B 79
18 123
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- 'v are...
Ms. Baumgarten
db
114
19
I N D E X
WITNESS PAGE
JAMES SAUER
Direct Examination by Ms. Baumgarten 36
Cross-Examination by Mr. Buczek 81
ERIC J. SCHUMACKER
Direct Examination by Ms. Baumgarten 118
GOVERNMENT EXHIBITS EVD.
1 41
2 through 10 45
12 through 16, 27 through 29,
30, 40, 41 48
34, 35, 36 51
20, 20A, 21A, 21B, 24, 24A 66
21, 21A, 21B 68
15 71
15A, 25, 25A 73
31 75
22, 22A, 23, 23B 79
18 123
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109
MS. BAUMGARTEN: Objection.
THE COURT: Okay. All right. No
II speeches, please.
MR. BUCZEK: Okay.
THE COURT: All right.
II
BUCZEK: Does the DTC hold the
II
original, not a certified copy, the original,
II
II
original, original, original birth certificate and
..
all the promissory notes of every mortgage in
II Amer ica, or iginal, do
'Jt THE WITNESS:
talking
)t MR. BUCZEK:
they hold them, yes or no?
I have no idea what you're

Okay. Judge, it's just a
II
II
II
simple yes or no. Do they hold all the original
...
prison bonds at the DTC, 55 Water Street. Just a
-
yes or no. )f
.
Jl...THE WITNESS: I have no idea what you're
talking about. t.'
..
THE COURT: Okay. Do you understand the
question? Let's do this. Do it one item at a
II time, maybe it will be a little bit easier for the
witness to answer that. But when you add two or
II three items, it gets a little bit confusing in the
question. Try it just one item at a time.
MR. BUCZEK: Okay. Judge, I'm just
Case: 10-4753 Document: 363 Page: 30 04/01/2013 893283 51
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
08 CR-54S
vs 09-CR-141S
SHANE BUCZEK,
Defendant.
Proceedings held before the
Honorable William M. Skretny, Part IV,
U.S. Courthouse, 68 Court Street,
Buffalo, New York on March 25, 2010 .
..
..
APPEARANCES:
MAURA O'DONNELL,
Assistant United States Attorney,
Appearing for the United States.
SHANE BUCZEK,
Appearing Pro Se.
BRIAN COMERFORD,
Assistant Federal Public Defender,
Appearing as Standby Counsel for Defendant.
Michelle L. McLaughlin, RPR,
Official Reporter,
U.S.D.C. W.D.N.Y.
(716)332-3560
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1 coercion. I understand that, Judge. But the thing
2 II is that I just want to complete the transaction.
3 THE COURT: Right.
4
-KTHE
DEFENDANT: Performance bond, payment
-
bond, I want to complete
that. 11
--
6 THE COURT: But your appeal rights and
7 II everything, you acknowledge those that are in this
8 last part of the plea agreement. There's no other
9 II promises that have - or demands that have been
II made to you other than what's in this particular
11 II document, right? This embodies everything that
12 II you I ve talked to the government about.
13 THE DEFENDANT: That's correct.
14 THE COURT: All right. All right. And
II you signed with the authority of the United States
16 II attorney when you entered into this agreement,
1711 Miss O'Donnell?
18 MS. O'DONNELL: I did, your Honor.
19 THE COURT: And, Mr. Comerford, you signed
II in your capacity in assist of Mr. Buczek in this
21 II case?
22 MR. COMERFORD: Yes, Judge.
23 THE COURT: Okay. Then given that, I find
24 II that the - well, I'll receive and accept and make
II a part of the record the plea agreement in this
Case: 10-4753 Document: 363 Page: 32 04/01/2013 893283 51
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
*
Docket No. 08-cr-054,
*
09-cr-121, and 09-cr-141
*
*
Buffalo, New York
v.
*
February 18, 2010
10:01 a.m.
*
*
SHANE C. BUCZEK,
*
STATUS CONFERENCE
*
Defendant. *
*
* * * * * * * * * * * * * * *
TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE WILLIAM M. SKRETNY
UNITED STATES CHIEF DISTRICT JUDGE
APPEARANCES:
For the Government: MARY C. BAUMGARTEN t./'
ANTHONY M. BRUCE"""
Assistant United States Attorney
Appearing for the United States
For the Defendant: SHANE C. BUCZEK, pro se
BRIAN P. COMERFORD,
Attorney Advisor
Court Reporter: PATRICIA A. GALAS,
Notary Public
Jack W. Hunt & Associates, Inc.
1420 Liberty Building
Buffalo, New York 14202
(716) 853-5600
Proceedings recorded by mechanical stenography,
transcript produced by computer.
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25 Proceedings
I favoritism to one person or another. And my job is to be
I totally and fairly impartial.
I So come back on the 23rd but don't lose sight of what
I we've talked about today.
ir THE DEFENDANT: I know and I'm not trying to cause
I controversy. And I talked to Judge Schroeder about the bid
I bond, performance bond, and payment bond, and all that stuff and
-
I that's why I did - all that information I gave to him about

doing the - accepted for value on the account and it looks like
that's why the public policy does a p p l y . ~
THE COURT: Remember when I said you have to try to
I get focused and, you know, I listened to your dad, I listened to
I your mom. And I think they understand, I think you understand
I the focus now, should be the trial or a disposition in advance
I of trial.
I Most of everything else is water over the dam, that if
I there's a conviction, maybe there's appeal issues there or not,
I I don't know, Mr. Buczek. But the fact of the matter is, if
I there is any advice that I can give - and it's really to both
I sides, the focus now, is the trial. And then we will go from
I there.
THE DEFENDANT: You know, I'm not trying to give the
I Court any issues or U.S. Attorneys any issue. But what I've
I been through is a Hollywood movie starting in Buffalo five years
I ago to today. You know, I've been in Court now over 100 times
Case: 10-4753 Document: 363 Page: 34 04/01/2013 893283 51
US CODE: Title 18,1512. Tampering with a witness, victim, or an i... http://assembler.law.comell.eduluscode/htmltuscode18IUsc._sec_18...
.1 11 ' r ,
...-..
'!JI II I I; >
LII
h:gal information institute US CODE COLLECTION
Collection home Search
TITLE 18 > PART I> CHAPTER 73> 1512
1512. Tampering with a witness, victim, or an
informant
Release date: 2004-08-06
(a)
(1) Whoever kills or attempts to kill another person, with
intent to
(A) prevent the attendance or testimony of any
person in an official proceeding;
(8) prevent the production of a record, document, or
other object, In an official proceeding; or
(C) prevent the communication by any person to a
law enforcement officer or judge of the United States
of information relating to the commission or possible
commission of a Federal offense or a violation of
conditions of probation, parole, or release pending
judicial proceedings;
shall be punished as provided in paragraph (3).
(2) Whoever uses physical force or the threat of physical
force against any person, or attempts to do so, with intent
to
(A) influence, delay, or prevent the testimony of any
person in an official proceeding;
(8) cause or induce any person to
(I) withhold testimony, or withhold a record,
document, or other object, from an official
proceeding;
(ii) alter, destroy, mutilate, or conceal an object
with intent to impair the integrity or availability of
the object for use in an official proceeding;
(iii) evade legal process summoning that person
to appear as a witness, or to produce a record,
document, or other object, in an official
proceeding; or
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US CODE: Title 18.1512. Tampering with a witness, victim, or an i. .. http://assembler.law.comell.edu/uscode/htmliuscode 18, usc.sec _18 ...
(Iv) be absent from an official proceeding to
which that person has been summoned by legal
process; or
(e) hinder, delay, or prevent the communication to a
law enforcement officer or judge of the United States
of information relating to the commission or possible
commission of a Federal offense or a violation of
conditions of probation, supervised release, parole, or
release pending judicial proceedings;
shall be punished as provided in paragraph (3).
(3) The punishment for an offense under this subsection
is
(A) in the case of murder (as defined in section
1111), the death penalty or imprisonment for life, and
in the case of any other kifling, the punishment
provided in section 1112;
(8) in the case of
(I) an attempt to murder; or
(II) the use or attempted use of physical force
against any person;
imprisonment for not more than 20 years; and
(e) in the case of the threat of use of physical force
against any person, imprisonment for r:lot more than
10 years.
(b) Whoever knowingly uses intimidation, threatens, or
corruptly persuades another person, or attempts to do so, or
engages in misleading conduct toward another person, with
Intent to
(l) influence, delay, or prevent the testimony of any
person in an official proceeding;
(2) cause or induce any person to
(A) withhold testimony, or withhold a record,
document, or other object, from an official proceeding;
(8) alter, destroy, mutilate, or conceal an object with
Intent to impair the object's integrity or availability for
use In an official proceeding;
(e) evade legal process summoning that person to
appear as a witness, or to produce a record,
document, or other object, in an official proceeding; or
(D) be absent from an official proceeding to which
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such person has been summoned by legal process; or
(3) hinder, delay, or prevent the communication to a law
enforcement officer or judge of the United States of
information relating to the commission or possible
commission of a Federal offense or a violation of conditions
of probation [1] supervised release)l] parole, or release
pending judicial proceedings;
shall be fined under this title or imprisoned not more than ten
years, or both.
(c) Whoever corruptly
(1) alters, destroys, mutilates, or conceals a record,
document, or other object, or attempts to do so, with the
intent to impair the object's integrity or availability for use
In an official proceeding; or
(2) otherwise obstructs, influences, or impedes any
official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20
years, or both.
(d) Whoever intentionally harasses another person and
thereby hinders, delays, prevents, or dissuades any person
from
(1) attending or testifying in an official proceeding;
(2) reporting to a law enforcement officer or judge of the
United States the commission or possible commission of a
Federal offense or a violation of conditions of probation [1]
supervised release)l] parole, or release pending judicial
proceedings;
(3) arresting or seeking the arrest of another person in
connection with a Federal offense; or
(4) causing a criminal prosecution, or a parole or
probation revocation proceeding, to be sought or
instituted, or assisting in such prosecution or proceeding;
or attempts to do so, shall be fined under this title or
imprisoned not more than one year, or both.
(e) In a prosecution for an offense under this section, it is an
affirmative defense, as to which the defendant has the burden
of proof by a preponderance of the evidence, that the conduct
consisted solely of lawful conduct and that the defendant's sole
intention was to encourage, induce, or cause the other person
to testify truthfully.
(f) For the purposes of this section
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liS CODE: Title 1 H, 1512. Tampering with a witness, victim, or an i ... http://assembler.law.comell.edUluscode/hnnliuscode 1 H/usc._sec_1 H ...
(1) an official proceeding need not be pending or about
to be instituted at the time of the offense; and
(2) the testimony, or the record, document, or other
object need not be admissible in evidence or free of a
claim of privilege.
(g) In a prosecution for an offense under this section, no
state of mind need be proved with respect to the
circumstance
(1) that the official proceeding before a judge, court,
magistrate judge, grand jury, or government agency is
before a judge or court of the United States, a United
States magistrate judge, a bankruptcy judge, a Federal
grand jury, or a Federal Government agency; or
(2) that the judge is a judge of the United States or that
the law enforcement officer is an officer or employee of the
Federal Government or a person authorized to act for or on
behalf of the Federal Government or serving the Federal
Government as an adviser or consultant.
(h) There is extraterritorial Federal jurisdiction over an
offense under this section.
(i) A prosecution under this section or section 1503 may be
brought in the district in which the official proceeding (whether
or not pending or about to be Instituted) was intended to be
affected or in the district in which the conduct constituting the
alleged offense occurred. .
(j) If the offense under this section occurs in connection with
a trial of a criminal case, the maximum term of Imprisonment
which may be imposed for the offense shall be the higher of
that otherwise provided by law or the maximum term that
could have been imposed for any offense charged in such case.
(k) Whoever conspires to commit any offense under this
section shall be subject to the same penalties as those
prescribed for the offense the commission of which was the
object of the conspiracy.
[1] So in original.
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Case: 10-4753 Document: 363 Page: 38 04/01/2013 893283 51
L'S CODr Title 113,4. Misprision offelony http://assembler.1aw.co....... p.ll.eduluscode/htm]/uscode18/usc_
LII
lcg:l.l lOformation insritLlt:c
US CODE COLLECTION
Collection home Search
TITLE 18 > PART I > CHAPTER 1 > 4
4. Misprision of felony
Release date: 2004-08-06
Whoever, having knowledge of the actual commission of a felony
cognizable by a court of the United States, conceals and does not
as soon as possible make known the same to some judge or other
person in civil or military authority under the United States, shall
be fined under this title or imprisoned not more than three years,
or both.
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Case: 10-4753 Document: 363 Page: 39 04/01/2013 893283 51
Case: 10-4753 Document: 363 Page: 40 04/01/2013 893283 51
US CODE: Title t 8. t 583. Enticement into slavery
http://www.law.comell.edu/uscode/18/uscsec 18 00001583000-.1
Search Law School Search Cornell
LII / Legal Information Institute
U.S. Code collection
TITLE lH > DAR: 1> C.HAPTER > 1583
)t 1583. Enticement into slavery *
4 Whoever kidnaR; or carries
away any other person, with the intent that such other person be sold into intoiuntary
servitude, or held as a slave; or
-
Whoever entices, persuades, or induces any other person to go on board any vessel or to any
other place with the intent that he may be made or held as a slave, or sent out of the country
to be so made or held
"""'1'1\;; 1111 '" '"'fIUII ..... """ ears, or both. If death results \0111.;:) VI ItIVI";
-- '" L napping or an attempt to
or life, or both.

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1
UNITED STATES DISTRICT COURT
2 WES'l'ERN DISTRICT OF NEW YORK
-

,
I
X
miITED STATES OF AMERICA ) 08-CR-54 (Wl:o:fS)
4 I } 09-CR-121 (WMS)
vs. ) 09-CR-141(WMS)
I )
SHANE C. BUCZEK, ) Buffalo, New York
6 I Defendant. )
) August 20, 2009
1 I X 1:47 p.m.
a
TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE B. RENNETH SCHROEDER, JR.
9
r UNITED STATES :MAGISTRATE JUDGE
:KATHLEEN M. MEBL'l'.RETTER, ESQ.
11
Acting United States Attorney
BY: GEORGE C. BtJRGASSER, ESQ.
12 Assistant United States Attorney
138 De1aware Avenue
13 Buffa10, New York 14202
14
MARIANNE MARIANO, ESQ.
Federa1 Pub1ic Defender
BY: BRIAN COMERFORD, ESQ.
16 Assistant Federa1 Public Defender
300 Pearl Street, Suite 450
17 Buffalo, New York.14202
Appearing on beha1f of the Defendant
18
19 IALSO PRESENT: Soott Rawski, U. S. Probation Office
Curtis U.S. Probation Office
21 AUDIO :RECORDER: LIane M. Guidotti
22
TRANSCRIBER: Christi A. Macri, FAPR, RMR, CRR, CRI
23
Kenneth B. Keating Federal Building
100 State Street
24
Rochester, New York 14614-0222
I (Proceedings recorded by eleotronic sound recording, transcript
produced by computer) .
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his house i.f he so xequested. It also seems he coul.d have it
mai.l.ed. That's not in the order, Your Honor. I believe that
would havs in vId=I OI it would have had ,to
been -
MAGISTRATE JUDGE SCHROEDER: Let me cut through this -
and I'm not trying to prevent anybody from having their day in
court or having any l.egal. argument, but I have to say, with al.l.
due respect to the executive branch of the United States
,
Government, notwithstanding the precipice of danger that we find
oursel.ves in starting with 9/11, the economic crisis, what we
stil.l. have going on in the worl.d, heal.th care, the fragil.is of
Government, the l.ack of respect of Government both by way of
corruption as wel.l. as by way of waste, I'm having a very difficul.t
time understanding why the United States Government is so
intimidated and so paranoid and so perpl.exed over what is in front
of me that it has gone to the point of taking up this Court's
time, taking up the U.S. Attorney's Office'S time, and going
to the grand jury in those two prior cases on so-cal.l.ed al.l.eged
bail. viol.ations.
You know, if the U.S. Attorney's Office wants to do
something constructive and val.uabl.e to the publ.ic and to the
taxpayer, and they're concerned about fil.ings and documents, I
strongl.y urge, as I have in the past, that they set up a special.
unit over there to start pursuing the fraudul.ent financial
affidavits that are filed, especially in the drug cases where we
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have who haven't worked .in ten years and are dr:iv:ing b:ig,
cars don't Dava of
Government just seems to turn thei.r head away.
_But we're going to spend a of time on what I have
descri.becl as a bunch of g:ibberish :t;:,y M:r. It
seems to me that .it's somewhat v.ind.i.ct.i.ve and somewhat
on the part of a certa.in ass.istant U. S. Attorney .in pursu.i.ng th.is.
,
MR. BtJRGASSER.: Who I hope is not -
MAGISTRATE JtIDGE SCHROEDER: It's not you, Mr. Burgasser.
It's not you, Mr. Burqasser.
MR. BtJRGASSER.: Your Bonor, .if I just address that?
do take .interest .in the one Catment you just made about
aff.idav.its, and I to report that back to rr.ry
super.iors.
MAGIST.RA'I'E JODGE SCHROEDER: I w.ish you because I
have sai.d that from. about the second year I went on this
bench.
MR. BtJRGASSER.: We have no d.i.sagreement there.
But what I to say .is I understand the Court's
time, I understand the ass.istant Un.i.ted. States Attorney's t.i.me, as
as our off.i-ce' s time, the t:ime that's be.ing taken up here -
and ! know how the :init:ia2 charges were 2aid was due to the
that's .being taken up by the !nterna2 P..evenue Service deu:ing with
certain ind:ivi.dua2s I not just perhaps this defendant, but other
:indiv:iduals that are part of the sovsre:ign c:itizen movement.
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It1s kind of like if everybody in the wo:rld stole a
nickel, it would be worth a lot. A nickel by itself doesn't mean
much. That's what's happening here in this casso
Mr. Buczek
MAGISTJitATE JUDGE SCBROEDER: We have Mr. Madoff stealing
billions and the SEC didn't seem to be too concerned for ten
years, so that's a poor analogy.
MR. BtmGASSER: The IRS -- and I I ve spoken to the IRS
agents, the Inspector General's Office, and apparently there's
f
quite a movement a f ~ t that involves documents very similar to
this throughout the United States.
And but for the fact of a lot of motions that would have
been brought here in these proceedings, certain fraudulent
instruments and the continued filings in this court, perhaps less
time would have been taken up.
As far as what was happening in this case previously, as
I told the Court before, you know, I'm aware of the additional
counts that were added. I've taken a look at that since I was
here on MOnday, and I'm here for the purpose of asking the Court
to revoke bail and, obviously, that's the Court's final
determination.
I'm also here on behalf of the U. S. Attorney's Office
asking for the Court to consider contempt under 3148 (c) .
We I re also moving under 3148 (b) as to the possible
federal crime, whether it be contempt or underne,a:th 1521 of.
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communication in any for.m with any agenoies.
!o..GISTRATE JUDGE SCHROEDER: In the context of these
t..i:tree indict.'T.s:nts. M:r. Br.lce t...as all upsst about how he wa.s
communicating terrible things as it related to the three
indictments.
MR. BtJRGASSER: But also when we go to the order adding a
condition of release, again, I didn't think the Court was being
very fair both to the Government, as well as to Shane, by setting
I ,
up a way that he could contact even the Internal Revenue Service
or the Treasury Department, but it had to do with a specific
format.
And in one sense if there was going to be a telephone
call or some other form of contact, there needed to :be one .day
notice; if it's going to be something written or something that
was going to be filed or mailed to them, there was supposed to be
two day notice so it could be reviewed by Pretrial. If Pretrial
agreed with it, it could go; if not, it could be to the
Court and the Court would make a ruling on it.
And, obviously, that didn't occur in this case.
MAGISTRATE JUDGE SCHROEDER: All right. Now, let me
address the other issue with respect to Pretrial Services. I,
quite frankly, am -- I won't even say somewhat. I, quite frankly,
am disturbed about the way this whole thing generated.
Wa hava a. si..""Iij?le a.ll.::gecl hail violation. 1. lvk. Bruce
really was concerned about the bail violation, as we do in
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p:ractieally all cases, the Gove:rnment merely needs to file a
motion with an affidavit saying we believe that the defendant is
in violation of and condition$ bail .and r;g !!!O'IJ.ing to
Ihave his bail :revoked.
I have some real serious problems with Mr. Bruoe
unilaterally oormrunicating with the Pretrial Services Unit of the
United States Probation Office, which is there to serve the Court,
not the U.S. Attorney's Offioe, having these oonversations.
And :I'm not sure what it is *. Bruce told Mr. Rawski,
but :I will saY to you in all candor that :I am of the opinion that
Mr. Bruoe may have even mislead Mr. Rawski as to the seriousness
of this violation or the content of what these documents were that
oonstituted a violation to the point that he got Mr. Rawski to
an arrest warrant.
And then Mr. Bruce doesn I t go to me, he doesn I t go to
Judge Skretny, he ends up in front of the ohief judge of the
distriot and gets that arrest warrant.
:In the past, in much more serious cases, inoluding
serious drug cases, people have been brought in on a SUlllDOns when
there's a of a bail violation.
And when :I look at the totality of the oircumstances in
these three indiotments, :I am rapidly ooming to the oonolusion
wi thout making a formal legal finding -- that Mr. Bruoe is bent on
a path of vindiotiveness and retaliation against this defendant.
Be :reminds me - - and m:::l memory doesn't serve me well
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enough to pull up the name -- but he is the inspector from
Les who would spend 20 years chasing the who sto1e
la 10af of bread because he was starving.
Doesn't the Un.ited States Attorney's Office have more
.important th.ings to do? Cr.ime runn.ing rampant out there,
k.ids blow.ing their heads off every day, the drug scene out there
just outrageous, .innocent people can't even dr.ive down the streets
w.ithout be.ing shot at, and here we.' re spending th.is ti.me on th.is
r.idiculous nonsense.
.
MR. BtJRGASSER: Your Bonor, just one th.ing as to what
.
you
said. It's my understanding -- and th.is .is hearsay from
Mr. Bruce -- he adv.ised me that he did contact your chambers and
was told that there were no matters pending before
t-mGISTRATE JUDGE SCHROEDER: There weren't. ,All my
mot.ions had been decided.
MR. BURGASSER: And they were told they should go to the'
distr.ict court. It's my understanding, from Mr. Bruce aga.in, that
Judge Skretny was not ava.ilable -- I don't know .if Judge Skretny
was ava.ilableor not ava.ilable, but that's how .it ended up in
front of Judge Arcara.
MAGISTRATE JUDGE SCHROEDER: Oh, I know that. My po.int
.is why didn't he just f.ile a mot.ion say.ing .it's the Government's
pos.ition that MZ'. Buczek .is .in v.iolation of ba.il, we're mov.inSJ to
have h.is ba.il revoked, .instead of go.ing and getting Mr. Kawsk.i
.involved, gett.ing the Probat.ion Off.ice .involved and gett.ing an
25
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"
arrest warrant? we cou1d have brought this here on the
motion.
MR. 9OP.QASSER: Youz Honoz, obv.ioualy, I don! t have an
answer for that. I wasn't there -
JUDGE SCHROEDER: I know you weren't.
MR. BtJRGASSER: -- I was asked by Ms. and
Mr. Bruce to coma and handl.e the revocation. Again, I' carl:Y
that concern back.
JUDGE SCHROEDER: I am afraid it won't-do any
good.
MR. BtJRGASSER: I' carl:Y that concern back.
JUDGE SCHROEDER: No, I understand because
what happened after the is Mr. Bruce
ran to a grand jury and we have one of the indic'bnents charging
which is another unheard of thing in this district, going to a
grand jUl:Y. on a of this nature.
MR. BtJRGASSER.: Your Honor, as I said at the beginning,
you know, we're at one defendant. I think, again, on
of the Internu Revenue Service that are our office is
representing, that this has been an ongoing
I that I have the agent here who, if you
to speak to her, put her under oath, she woul.d be will.ing to
address the reasons behind Mr. Buczek, the amounts of paperwork
and. liens and other doC\n'nE!nts -
MAGISTRATE JUDGE SCHROEDER: If that same effort would be
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'U'tiliz.ed to go after the millionaires in this country who dodge
our taxes, who have hidden aoco'U.."1ts in Switzerl.and, who hava all
kinds of underground income, we wouldn't have the deficits we
have.
MR. BURGASSER: Well, I believe they're attempting to do
the Swiss bank accounts.
MAGISTRATE JUDGE SCHROEDER: Well, seem to be. taking
an awful long time to even get the ball rolling. So don't tell me
about them spending a lot of time and hours on this kind of a
case.
MR. BURGASSER: Wel.l, the amount of documents that are
filed by this group, sovereign citizens -
MAGIS'1'P.ATE JUDGE SCHROEDER: That's something different.
We're dealing with an individual, M.r. Buczek.
This is an organization that's in existence throughout
the United States. If the IRS has concerns about a national
organization, they certainly have the tools and the manpower and
the muscle in Washington, D.C. to do what needs to done, but
not picking on one individual in Buffalo, New York is going to
resolve the problems with this national organization, and to say
otherwise would be an insult to my intelligence.
MR. BURGASSER: I won't insult your intelligence, Your
Honor, but we are concerned -
JUDGE SCHROEDER: So no one gets the wrong
idea that I'm some left-wing l1beral who has gone as you
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w'!!ll know, I worked in the Depa.rt:ment of Justice, I was the United
States Attorney for the Western Distriot of New York, I do know
'h<"'l::.1 -<"'I:r'\rc =""...:1 7' 't..,..."..,,,.......;.... ....... --------""'ni- ..; "" """".2l ... .l..l_ .... ":;t- '3';; __-:_____ ... - .... __..... - - .. - ... " ""' ....-w. ..... "::::J,....,y"'IiiiiiiJ ....'"'fo'l'iiiiiiiO.l. _ .... ...........Q
know what qove:rnment
l
s obligations are to serve the people.
MR. BURCaSSER: I'm not arguing that point to the Court,
Your Honor.
AJ.l l'm saying is that the IRS is an agency that we
represent, 'there's a ooncern about Mr. Buozek, there's a ooncern
about the filings that have been made.
MAGISTRATE JUDGE SCHROEDER: I didn' t they were
so fragile.
MR. BURGASSER: As far as what Mr. Bruce might be
thinking or what Mr. Bruce is doing, this is Mr. Bruce I s case.
MAGISTRATE JUDGE SCBROEDER: I know. I'm not holding you
responsible for anything that Mr. Bruoe did.
MR. Bt7.RGASSER: You know, looking on the face of the
paper, there's obviously, you know, in this AOSA's opinion,
there's a violation.
MAGISTRATE JUDGE SCHROEDER: All right. I understand.
Mr. Comerford, do you feel the need to say anything?
MR. COMERFORD: Judge, I was prepared to. But I will be
asking that bail be oontinued on the same oonditions. If the
Court doesn I t need to hear anymore, I won't take up more of the
Court's time.
MAGISTRATE JODGE SCHROEDER: AJ.l right, I think that's a
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