Académique Documents
Professionnel Documents
Culture Documents
1
“The one who flees the law confesses his guilt”
(Publilius Syrus, a smart ex-slave, 85-43 BC)
1
https://nyti.ms/2S1HbNj
2
e-letter by OPR-DOJ dated 3-10-17 by bogus
signatory vitiating fraudulent OPR-letters since (at least) 2010
3
Jurists of standing find the notion extremely troubling and Un-
American that a DOJ prosecutor's misconduct should be finally
determined by a fellow career DOJ prosecutor. Defense lawyers are not
entitled to have their alleged misconduct weighed by a fellow defense
lawyer. A prosecutor's alleged misconduct ideally should be determined
by the appropriate state bar disciplinary committee, not by fellow
prosecutors.
2
One of the central contradictions over Rule-Of-Law is
what makes them work — Brady-compliant, unbiased due
process — is also what way too many .gov-jurists want
to get rid of most, their peers admit.
3
judicial authority4, neither on “United States Flag
Day”, June-14-2001 nor June-19 when “Case-File” 01-571
inaugurally and improperly OPENED on real Pacer5 [FN
22;Snapshot 1,intra]. Judicial powers do not grow from
back-dated-malfeasance of a bogus RETURN-OF-INDICTMENT
“DKT ENTRY” over glaring absence of an identifiable –
maybe even sober - NYS-Magistrate and overt absence of
an executed, sworn & filed AO-USC-190 [a mandatory NYS
Grand Jury Foreperson-sine-qua-non-due-process6 cert.]
prove conclusively otherwise.
Another FAKE CASE at the Nation’s Mother Court.
Not too surprising is that (see Pg 114/115 intra)
an unfiled, undocketed “Indictment” Draft was submitted
by the FLS to FLSD Judge Vitunac after Viertel’s false
arrest.
Mary-Jo White’s AO-USC-270 submission was not the
“Application for Leave to file under Seal” nor Support
Affidavit, both squarely “absconded” [ooops] along one
6
Zadvydas v. David, 533 US 678 (No.99-7791- Argued Feb 21-Decided Jun
28, 2001):"the Due Process Clause applies to all persons within the
United States, including aliens..."
4
special NYS “CC-envelope”, guys at Sealed-Records-Room
never got to see. [Thus, Pitman hit the bottle].
Complaint
5
between June 14-19, 2001 and over a fictional “True
Bill” that was never returned and was never sealed or
“unsealed” and over rogue prosecutions in NYSD pseudo-
case 01: cr-571.
Moreover, subject proctors & Co. pugnaciously
abused Grand Jurors, Petit Jurors, AOUSC and its NYSD
Court officers and law clerks, and proctors deceived
several sets of prosecution-benign appellate panels,
all of which, ironically on hindsight, lacked all
federal appellate jurisdiction over pseudo-case 571, a
fatal, backwards dated, counterfeit “Un-returned
Nullity” that was ushered along contrary to Grand Juror
concurrence and intend. Officials were without standing
to proceed, but still caused the fatal “backdater”
defect, NYSD-Docket-Doctoring despite absence of a) a
“true AO 190” presentment or filing, b) a duty-judge’s
acceptance and order in “open Court”, c) any Court
records of USANYS’ “LEAVE TO SEAL”, judicial grant
thereof, and d) validly presented Arrest-warrants
applications, e) issuance or returns thereof. These
clear and convincing vacuities above substantiate law-
obstructions and deceptions by DOJ-actors continue to
date by stone-walling, diverted the end of justice and
the Rule of Law. Further, additional coequally
“sophisticated”, yet undiscovered, acts will likely
support a finding of facts far more than by
preponderance of the current evidence as to an
aggravating role for leader, organizer of criminal and
extra-judicial conduct that was otherwise extensive,
and is sanctionable as DOJ misconduct. These acts are
hereby alleged and enveloped into the ongoing
investigations and must be reviewed by OPR and Bar.
7 http://lat.ms/1OGRpyg
6
of Brady violations abroad in the land”; by logic,
terms as “lying prosecutors” fit like a glove on those
who cannot produce and who continually, deliberately
obstruct review over a so far unproven [fictional]
“Presentment” or “Return” and support documentation of
an “indictment” they pressured FBI [as fake witness] to
its supposed issuance [Snapshot “4”] “by the NYSD[’
majority of] Grand Jurors” without proof, unverifiable,
none of it ever “sealable upon application”, “sealed”
and “unsealed” – only by hallucination. All this
suggests that Grand Jurors never concurred to “indict”.
To date, still without AO 190, the conclusion must be:
No Indictment existed. The complaint below is about
those “lying prosecutors” in the State of NY and
elsewhere in offense of judicial Law.
8
NY Jud-Law Section 487 has its origins in the first Statute of Westminster adopted by the
English Parliament in 1275, which punished for up to a year-and-a-day in prison any
advocate who committed "deceit or collusion" in the King's Court. In 1787, the New York
Legislature adopted this law in its then modern-day counterpart and added a private right
of action with treble damages and even unsuccessful attempts at deceit are actionable.
7
drives their decision process". Because “we don’t have
data on how prosecutors work, we don’t focus on them
when we talk about reforms”, Pfaff continued. Professor
Gelb at Pew called prosecutors “the biggest and most
significant black box to be opened in the system”. We
also do not know why they are breaking laws as if there
is no tomorrow.
8
Complainant submits that anything short of the
above will shield the public and Republic from more
societal harm and might protect against white collar
bar offenders high-fiving black robed lifetime
scofflaws from shamelessly holding their stirrups.
Government’s Explanations: “ - ”.
9
Prosecutor unaccountability http://wapo.st/1YqlB1d
10
Dissent from USSC “P.Parenthood v. Casey”
9
Sadly, jurists and scholars are at a loss why so
many DOJ Misconduct complaints share equal funeral
services as Judicial Misconduct complaints, as both are
swiftly cremated by “goodfellas & bar peers”, or lost,
deliberately botched, dawdled11, exterminated or
derailed.
11
http://nyti.ms/2582wF9
10
a reward, a bonus from “Big Law”12 upon conviction, and
– law school insiders recall - a “fantastic, steep
tuition rebate for a [Long Island] Talmudic law degree”
[sic] for ex-AUSA Harris [nil superest mali].
12
Big Law Magicians Rogers Wells Clifford Chance were running a
huge billing scam versus German clients Burda Media and Burda
Holding, which, in May 2001, the partners, including Pomerantz
(Bar 1360783 ) and Dr jur Jander (Bar 1414358) feared could dry
up without going behind their clients back with an unauthorized
and corrupt “criminal referral” to Mary-Jo White .
11
mortgaged the NYSD’s last honor. The FBI’s
part was entirely revisionist, in hindsight,
faking “Fictitious operations losses13” at
13 Burda Media Inc [herein BM]was/is a wholly German owned NY Co (up to 7-96 partially
owned by its founder Blumenberg), and one of Burda Group’s “Profit Centers”, contrary to
what USANYC nefariously alleged and the FBI “misbranded” local “victim” [intra and
audit]. FBI squadster O’Sullivan, a chartered accountant, later claimed – falsely –that he was
“duped” about ubiety of a June 1997 audit which had, for years FBI investigated,
indubitably certified BM’s “profit-center-business operation beginning in 1992“. The audit
is clear about the corporate history. Barrister at Park Avenue Firm Clifford Chance
withheld and concealed their client’s audit throughout the FBI investigation and failed to
candidly comply with 2001 Grand Jury request for BM corporate info. It was part of a plan
to finger Blumenberg and Co. as “federal criminals”. FBI’s imperfect “victim” probes were
unresolved by accountant O’Sullivan and utterly inconclusive. BM’s ’97 “audit” was dumped
upon the USANYS by a truckload of BM files, and unidentifiable as a important post-
Blumenberg forensic analysis. The audit was without critique for Blumenberg, a white-
wash based on verified records. Blumenberg was CEO for 25 years until 7-96 and carried
imperial authority to operate, allot expenses, and unlimited entertainment budgets, as well
as a 100% housing allowance. Thus USANYS apparently believed that the audit was
exculpatory and never told the judge or Probation, but unlawfully kept it deep-sixed off
discovery, perfecting Brady violations and NY Jud Law §487 [Viertel obtained this “Brady”
audit in 2004 from German BKA Federal Police, but was already shackled behind DOJ
prison bars]. The audit’s was deep-six because its existence would have closed out Grand
Juror investigations, would have totally debunked fabricated “Potemkin” crimes and
nullified every aspects of USANYS’ bogus “Prosecution Theory” that consisted of BM
“having no income [vs. tons of liquidity], dependence upon overseas corporate gift
donations [vs. sales and contracts for media content] received from unrelated third parties
[vs. beneficially owned by BM from its own treasury held overseas]. Burda Holding was
made by USANYS into some whacko donor with a highly dangerous U.S. presence by
agency, an operational impossibility and prohibited activity for a German Holding. In fact
Burda Holding was arms-length client of BM, did not own BM shares. BM topped up their
huge NY bank accounts with its own funds from sales of media content that BM produced
and exported. BM also exported their accounting records – bills, salaries/tax stubs,
proforma vouchers, Rockefeller Center rental statements, receipts, food-checks, vendor
bills and production expenditures – to Germany by Lufthansa once a month. The USANYS
required a miracle and created – for the Court ushers – a fairy tale of a licensed interstate
air cargo carrier going overseas, transatlantic deliveries of all the Cashier paper works.
Prosecutors prostrated a bogus cycle that paper-stubs (including a few fake, mostly BM-
12
Burda Media. Prosecutors Weddle, Harris,
Canellos were undisturbed and undeterred by
the “fake victim” role contrary to BM’s
sprawling financials (FY95/96; http://bit.ly/1SeUh47 or
http://bit.ly/2dNWYzA ). These audits were certified
inhouse creations or non-public reprints Cashier disbursement vouchers all of which were
authorized by Blumenberg pursuant to his ample executive discretion) flew eastward to
cause – in Europe - funds to fly westward. The huge fabrication by USANYS was a causality
between the two directional activities, when there was none, a corporate business matter
of fact transpicuous in its going concern without a shred of MO basis, without a contract in
support of such insanity the government had fabricated but ever produced proof. The
scenario was pernicious for the USANYS; especially the fact that BM never received top-up
funds from Burda Holding, malicious fables to which the “government” did not and could
not produce a single officer or director [Kiefer was a non-executive “Treasurer/Cashier”]
who could or would confirm a “loss” or, an absurd top-up-model at BM, that would violate
corporate structures and German-American treaty tax laws. Fact remains, that a misguided
and violently corrupted FBI special agent auditor investigated a fictitious white-collar
financial “victim” for a phantom loss that BM “should” have suffered up to June 1996 – five
years earlier – but did not. The FBI violated their investigative rules and their duty to
initially demand accounting access for relevant periods, “BM FINANCIALS”, from the
“putative local victim”, if only to perform due diligence on prosecutor’s tales. Failure to
demand such basic records was deliberate on willful blindness, misconduct extra-ordinary,
reprehensible. The public mistrusts the FBI, FBI agents oftimes hide their jobs from
neighbors, because this C12-squad absurdly not triple-checking whether a “victims” is a
“victim” is a scandal. The absence of loss and the presence of historic 96 financials with
millions dollar earnings from massive SALES OF MEDIA content was established 4 years
before the “USA” began its massive smear campaign “over huge amounts” caused by
“criminal acts” of Blumenberg, John Lee and [Complainant] Viertel. Plausible explanations
could lie in the FBI’s docile lap-dog culture blooming in a mismanagement biotope in the
Southern District. In fact, since June 9th 1997 BM’s new CEO, Claus Preute [see FBI 302 of
2002] was in official possession of BM’s group audit [he personam commissioned and paid
with BM’s own funds] an audit which indubitably certified “corporate earnings”, see
http://bit.ly/1SeUh47 or http://bit.ly/2dNWYzA
¶ 14 “Earnings 95/96 $6’888’204.32 /$8’382’942.07” – but was without a qualifier that
could “hint” to excite USA’s upcoming absurd “loss” theory or their bonkers interstate-
overseas- transatlantic-outer-space “fraud” theories the Nation suffered and had to
endured to call out for “rescue by John Ashcroft’s expert, integrity teams” [ Randolf].
13
in June 1997 for the 96 period the FBI
concentrated on, but never did. FBI folks were
obviously directed to not “locate, apprehend
and touch”, discuss or review BM’s subject
audit, originally produced for Claus Preute,
CEO since 1997 and [302] witness in FBI’s
2001/2 “last minute investigation”. The
“investigation” was utterly biased and bogus.
The audit posed the largest risk of
nullification for Weddle’s, Harris’ and
Canellos’ lobbed vapor theory which required a
“mandatory” pauper “victim”, and also requires
– facially - a measurable loss of funds in
favor of an accused via a “mail” scheme under
color of domestic interstate nexus, which, in
itself, utterly invalidated the coequally
“required” but fictitious, furtherance-free
“wire” theory to falsely pseudo-ignite federal
prohibitions. It resulted that prosecutors and
their accomplices cheated the public they
swore to serve by acting like rogue
pyromaniacs, deranged serial arsonists burning
law books. Now, they are accused of aggravated
misconduct by sophisticated means and with
federal moral turpitude14.
14It’s a well known fact that thousands of people are wrongly convicted of crimes in
America’s criminal [in] justice system, and , that they spend decades of their lives in jail
because of it.
14
“pauper theory”. M. Cohen tutored non-
executives in bottom position without
corporate know-how or insight15, despite audit
certified results from Chief audit staff
dispatched in July 199616 by parent Burda
GmbH. The results provided minutiae detail of
loss-free operations and were issued without
qualifying statements [no “fraud or abuse”],
contrarian facts to the fiction USANYS’
covenant with FBI’s accountant O’Sullivan
concocted. Thereafter these fabrications were
force-fed to Jurors who, inter alia, were
corruptly mal-instructed on §1341’s “domestic
only” element [intra]. In fact, any notion of
the existence of a relevant [period 96] audit
was toxic to a blatantly malicious prosecution
racket. The racket was grounded upon denial
“of a well to do”, profitable German owned
subsidiary, which, since Jan-1992, turned
“Profit Center”.
USANYS prosecutors will have to explain
publicly whether and which undesirable or
arbitrary factors furthered this prosecutorial
trespass, and what caused them to exorbitantly
“cheat to win” two genuine ultra vires
16Burda’s Chief reviseur Maginot affirmed at German Police, that he personally a) collected
and b) reviewed every embargoed account document HELD since June 1996 by and at BM
on arrival July 09, 1996, that included c) the $8’120.00 original [2001 “charged” & 2002
“tampered” with], and d) hand-carried these on Lufthansa 7/19/1996 to Germany and e)
delivered them to BM’s own accounting vendor, but not to “Burda Holding”. QED:
uncontroverted pre-nullifications of “mail fraud” jurisdiction.
15
convictions for truly crime-free conduct they
had no business throwing millions of tax-payers
funds at.
Blumenberg resigned July 1996 and BM was
henceforth much less profitable on higher
operating and pseudo-legal costs, pilfered by
Rogers & Wells LLP’s insanely huge [paralegal]
bills [see “Brady” audit ¶19 Legal Costs
$411’424.40 a 720% boost vs. 1995]. The magic
firm was first thriving on European naiveté vs.
AmLaw greed, and since early 2001, from an
unauthorized, Burda unapproved “referral” that
nurtured DOJ/FBI’s zeal to FIRST provoke
attorney work at a magic circle firm, and
SECOND to “bogus vindicate United States
sufferance” caused by Blumenberg’s “amoral
conduct” which was simply unqualified, on ample
law grounds, for federal accusations and
without jurisdiction (except his tax count,
which turned out to have been manufactured
later, no tax was due).
17 In fact, jurists of reason, upon review, were extremely challenged to identify a single FBI
action with integrity or fairness, bravery or loyalty. None was found.
16
Burda Media produced Media with its own
liquidity resulting from earned proceed of media
sales, by exporting Media content to News-outlets
to to foreign clients who paid their piper’s
pipeline of news, but was not a pauper18.
18 The “pauper” scheme was heavily pushed by AUSA Marca Cohen (Bar 2596773), for
reasons OPR must identify, other than the fact that Cohen is/was economically unlearned
and ignorant but seemed under a “SPELL”, or - simply displayed HLS alumni arrogance. At
one point Cohen lectured alumni JGK, that certified audit have little probative value, while
she knew more than what three German auditors certified six years earlier. Cohen was re-
assigned and dabbles now in Kiddie-Porn morass and entrapment schemes.
17
left out-of-the-loop and ripped off by a bumper crop of
“foul19”, overzealous government actors weaseling to
outsmart them in jury rooms. The record shows a routine
USA technique to abuse clueless New York jurors to
cause prejudice and to pre-derail justice,
demonstrating once more that FBI & FACTS are uneasy
partners, disemboweling their “INTEGRITY” [sic] brand,
ransacking presumption of innocence.
Here the FBI messaged insane PRIORITY deceptions,
ruthlessly besmirching three men as most wanted
“FUGITIVES”, an arbitrary, false, brutal stigmata the
“bureau” is, unsurprisingly, known to rampantly abuse.
In essence, the bill of indictment insures that a
target does not face arrest and incarceration “except
on presentment or indictment of a grand jury;” thus, if
it is insufficient, a prosecutor cannot cure the
defects. These folks had none.
Synopsis II: Accountability is often less than
pretty, but an essential tool to further societal
understanding of underperformance and shortcomings in
governance, it helps restoration of the Rule of Law,
and be instrumental for when, hidden from view, an
amoral turpitude race where Branch II rides roughshod
over Branch III, a misfortunate cluster of former
prosecutors (POTUS #40 labeled: “regurgitated”), who
19 BERGER v. US 295 U.S. 78 (1935) “The United States Attorney is the representative not of
an ordinary party to a controversy, but of a sovereignty whose obligation to govern
impartially is as compelling as its obligation to govern at all, and whose interest, therefore,
in a criminal prosecution is not that it shall win a case, but that justice shall be done. As
such, he is in a peculiar and very definite sense the servant of the law, the two-fold aim of
which is that guilt shall not escape or innocence suffers. He may prosecute with
earnestness and vigor -- indeed, he should do so. But, while he may strike hard blows, he is
not at liberty to strike foul ones. It is as much his duty to refrain from improper methods
calculated to produce a wrongful conviction as it is to use every legitimate means to bring
about a just one.”
18
are considered, at worst, “Lifetime Marionettes” by
fellow bar-card-holders more oftimes than comfortable,
despite apparent constitutional imbalance20, that, in
turn, is kept off curriculæ and public conscience. Or,
according to Art III Judge Hughes – on the record –
Washington DOJ attorneys were “sons of bitches”.
19
judicial nod favoring concealment. None exists. Here,
escutcheon “secrecy” only serves to hide, duck and run
away.
Here, inglorious government actors created the
utmost prejudice available in their poison
cabinet, loaded up on scienter and phobia from
getting caught, getting disbarred, getting
rightfully shamed and punished with
incapacitation.
20
It is true that Blumenberg – under German penal
code - owed greater “fiduciary trust” than he delivered
for the benefit of his German employer, but, “UNITED
STATES OF AMERICA” was still an utter sham plaintiff,
was a text-book “hypochondriast” without standing or
symptoms, without injury or skin in “f-cubed” NY-local-
victim-free affairs, of which none was federally
material, none was interstate commercial or was
criminal, a vacuity which, by black law, binds the
United States. There was NO Documents MAILINGs in June
2001, a fact that FBI and DOJ deliberately kept secret
from Jury and Defense, altered Kiefer’s 30221 to obscure
21
21
her testimony that she was “stopped” by German
Management to collect any accounting stuff for export.
22
a false, malicious, BRADY/NAPUE violation avouchment
of a phantom “Burda Media export shipment”, that –
triple affirmatively - never shipped around 6/28, 1996
but was halted since mid-June by Burda Media’s German
majority shareholder, Burda GmbH.
23
U.S. Commerce Dept. Export regulations disallow
“DIVERSIONS” per air-way-bill export shipment
declarations of press materials (no fake invoices were
shipped)
24United States Postal Inspectors could have provided some guidance on
shipping to international destinations without a §1341 nexus, but White,
Comey et al rather shoot fish in a barrel. USPI staff could only shake their
heads in disbelief when asked to comment on “571’s” mail Counts.
22
On 6/14/2001 subject prosecutors were terminally
“short on substantive crimes”, let alone short of not-
yet-time-barred, less than 5 years vintage “paradox
interstate shipments to Germany25” to see their
prosecutorial goal: extract a deportable “sentence
enhancement under mandatory guidelines”. Insanity ran
amok.
27 Insufficient factual basis to meet the interstate carrier element, conspiracy, wire and tax
fraud
23
Source Statement: While this investigation was
conducted in-house, assistance, support, data and
intelligence was gratefully received from [former
“CCI28”] Federal Court staffers, law clerks whose expert
consultancy untangled myriad improprieties last year,
and investigative support from Burda. Redacted results
were reviewed for this complaint by veteran government
jurists and academics.
30See, inter alia, Complainant’s demand date 3/8/2005 re: “Records tampering and
perjury” upon David N. Kelley which remains without a response, in confirmation of
systemic failures by USANYC , regardless of US attorney office holders
24
and suspicious over USANYS proceedings, including
extradition request, warrants or MLAT submissions, due
to the likelihood of misconduct recidivism. Earlier,
Bahamas’ Supreme Court, inter alia, found USANYS
prosecutors “abusive of judicial process”, also found
them acting in “bad faith” and further held that the
USANYS “tamper with documents to deceive Courts”. Her
Majesty’s Privy Council affirmed the order adding
warnings. Judge Andrew Hanen’s order to either pass
yearly legal ethics classes or be disqualified is the
latest and most prudent salvo in that direction, as can
be seen below:
25
Specialist [FN 99] who executed, at 07:00am
one false arrest warrant against Complainant
on 6/19/2001 acted unlawfully without excuse
alone for the fact
31
United States v. Tarricone, 11 F.3d 24, amended by 21 F.3d 474 (2d Cir. 1993) The
government possessed a handwriting expert’s opinion that the writing on a particular
document was not the defendant’s. At trial, however, the government elicited testimony from
more than one witness that the writing was that of the defendant and then argued this matter
to the jury. This was prosecutorial misconduct.
26
classification, no furtherance and void of
jurisdiction for extra-domestic, international
transports to Germany). Kiefer testified
(albeit purged from FBI’s 302,) that no
accounting shipments “went to Germany” during
the months of June 1996 due to an intramural
embargo, second Fugitive labeling32 and
forcing the FBI to transmit bogus – interstate
– messages, and third Pitman’s backdate.
Complainant’s gravamen lies in the nefarious
culture that persisted at USANYS five years
after an allegedly “criminal” [§1341 domestic
mail fraud, interstate] “international
airfreight transport to Germany” occurred.
Where did this vindictiveness come from?
32
27
shoo-in expired conduct, are multiple
felonies, Grand Jury fraud and nullifies all
proceedings for lack of jurisdiction ab ovo.
That is the law.
28
This was an act of false INK and nullified
the pamphlet altogether, forever. As noted
supra, USANYS’ pamphlet had not been
“RETURNED” in “Open Court”, also due to overt
absenteeism of Foreperson Rehm or a “Judicial
Officer authorized to accept a “PRESENTMENT or
RETURN”, as the law commands.
34There are also Department of Justice rules USM 9-11000 that govern
questions such as when prosecutors should provide exculpatory evidence to
the grand jury or when they should avoid the use of certain kinds of
evidence.
29
“FILED” by USAO staffer “John Doe” through the
backdoor entry, an undue process in itself
that killed fairness nullifying jurisdiction
altogether. We must presume that “John Doe”
did what he was told by his supervisors, and
because that would also be par for the manner
in which USANYS operations abuse the Courts.
35
36Form No. USA-33s-274 is a NYSD routine back cover page (see ¶21 of
Bharara’s impeccable , sample INDICTMENT RETURN
https://www.justice.gov/usao-sdny/file/834156/download
30
There was none of it.
31
they can rather be high-fived by an –
apparently captive - Court who panicked over
its own obsolescence caused by AO 190’s
incriminating faculty evaporating the Court’s
own “Jurisdiction” ab ovo.
37The judicial system doesn’t seem to have a problem with the FBI acting as admins for
child porn sites while conducting investigations. After all, judges have seen worse. They’ve
32
under black law duty to thoroughly verify, suo
motu, the USA’s good faith at all times and
whether due process standing allows a criminal
accusation to go on. These judges must verify
every “t” is crossed and “i” is dotted.
38 Harrishad also counterfeit dummy arrest warrants for Blumenberg’s and Lee’s, again
with a fake “clerk” stamp, both specimen highly incriminating to USA/FBI, that during a
bogus NYSD arraignment, JGK caused both A/W’s to forever vanish. The gents met in the
Court’s holding cell around 8:30am after an unconstitutional seizure on 6/19/01 at
07:00am at their homes, followed by kidnapping and chained abduction across state lines
from Englewood, NJ and Connecticut. QED.
33
John Koeltl realized that it is too late for
Pilates’ role.
34
✂Specimen A [if above pamphlet would have
truly [wink-wink] been “filed” as
inked/stamped, the “JUDGE KOELTL” stamp would
kill that ink scam: JGK was assigned 6/19, not
on 6/14, and according to AOUSC “Duly Filed
documents cannot be marked or altered and may
not be tampered with post-filing. “Re-files”
marked “replacement” of originals referenced by
Jud. Orders]
35
Prosecutors selected the most felonious of
alternatives and corrupted NYSD’s clerk Molinelli,
they cornered Mag. Pitman and they disgraced
Courtroom 12B to rig a shoo-in39 for expired overt
acts that could favor the DOJ’s BOP apparatus.
(Without a §371 “booster”, 0-6 months probation was
Blumenberg, Lee and Viertel’s maximum guideline
sentence)
39
Ultra-last-minute §371 charges were deemed critical by USANYS to jackpot enhanced
BOP incarceration for the guilty and to allow preconceived deportations made possible by
pseudo-preponderance a lifetime Clinton “Inductee” guaranteed upfront. A Prejudicial ICE
bonanza.
36
Explanation: On 6/14/2001, subject U.S. attorneys
“possessed” nothing more but a dry draft pamphlet,
the unsigned, un-returnable, un-sealable 11-page
abstract, an uncooked proposal for Grand Jurors,
which, most honorably, these Grand Jurors scrubbed
and aborted or continued for another, a later day.
37
to 11:00am, the Grand Jurors lone alien
target.
40The only 4 pages available on file, all other pages 06/14/2001 are in continued
concealment
38
“Bookiefer” was proffered 6/4/2001], whose
simple narrative of a true event timeline were
not incriminating enough42 for federal bad
apples, the “foul” zealots.
42Kiefer recounted that she first paid out on 6/18/96 $8’120.10 (Snapshot “5” GX 303)
upon the CEO’s written instructions (6/17/96), and that she had not received (a 10 ₵ents
shorter) “Agate Invoice for $8’120.00” (Snapshot “6” GX 301) before 6/24/1996 the
internal Burda Laser print-out of a - ergo proforma - voucher which she took as
perfunctory suitable to backdate, mark “PAID” by 6/18/96 and thus – ex officio – paper
over her earlier payout – sans - support. Kiefer did so voluntarily acting without “Viertel’s
knowledge or consent” as functionary book-keeper and Cashier, allocating each outflow
and the $8’120.10 outflow - fatal to NYSD’s post-mortem retro-fit, counterfeit crime theory
- was allotted to BM’s own [intramural, intrastate] office operation expense, and was not
debited to a foreign client and certainly not to Burda Holding GmbH & Co. KG.
39
Observers say that this was a DOJ routine
ruse, part of DOJ’s “Lucifer culture” singled
out by CCIs and by ex-law clerks, by unlawfully
extending statutory limitations, by a
conspiracy whose scofflaw object was to shoo-in
time-barred, supposistory “relevant” conduct.
40
These specific incriminations are
confederated to disarm “Probation puppets” and
to green-light wanton extra-judicial overreach
into the “enhancements” box under each bench,
which expertly settled America’s disreputation
as World’s Mass Incarcerator.
44
41
number means exactly that: no invoice on hand,
no number to refer to on 06/18/1996 and no
conspiracy. Overt act dead.
42
middle finger salute” [sarc] to society
furthered Grand Juror’s deceptions, they
eagerly followed USANYS’s lead, as purveyors of
iniquity. But Comey, deeply involved here as
USA, still, 2015, looks elsewhere for “bad
folks” <see Comey @ Brookings laughable
“goin’dark” ruse on cell-phone backdoors> and
fails to stop serious criminals ascend to in-
house careers.
45
43
Still, DOJ morphed their fictio “victim” (USANYS’
jurisdiction grabbing deception) by abracadabra into
poverty to fabricate a case.
An Original of the accounting service contract was
at BM’s Office and in Roger& Wells’ custody since June
1997 and therefore, by extension of subpoena, also at
the Grand Jury in 2001. So – one would think, but not
in fact. Team-USA picked and choose papers in this
unfair game, and this <damn> accounting contract was a
red herring and was deep-sixed accordingly by the
prosecutors.
Willful disregard by docile FBICOS followed
because, evidently, material operating expenses would
nullify the “poverty label”, ab initio, detrimental to
USANYS’ scam to fabricate “catch-all crimes regardless
of a lack of real victim”. There was no local victim,
and Burda Holding was a client, not a financial
sufferer of NY operations.
It was USA’s conscious disregard of powerful
exculpatory bombshells overwhelmingly detailed and
certified, and in USANYS custody which nixed their
“victim” baloney by a simple, BM’s own – so called:
“Brady audit”.
G.) To Wit: Not a single page of BM’s [raw
collection] accountancy documents would ever
be transported to “Burda Holding” [Holding was
a $260k service client of Burda Media: see
audit ¶12]. Rather, month-end exports
travelled strictly BM’s own billing-
accountancy contractor. Thus, a purported
“§1341 Mailing Charge” [was heinous nonsense,
ultra-statutory smoke which (nunc “Chair”)
White and later (nunc FBI Dir.) Cuomo
authorized, and signed off for unlawful
44
presentation of a confederated deception to
Grand Jurors. Whether a majority of Jurors
ever bought into it, is more unlikely than
ever, but still concealed from inspection.
Furthermore, the mail ruse was coequally
contrary to BM’s “shipment” embargo FBICOS
knew of because all June accountancy materials
were on BM-office-HOLD at NY’s Sixth Avenue.
The embargo kicked in mid-June-96, and both
GX303 and GX 301 did not depart NY by any
third-party means, not a “Delivery by
international freight company… to Germany”
[White46/Comey’s puerile take on domestic mail
fraud substance mutating transatlantic,
intra].
Later, neither at Blumenberg’s “cop” nor
at Viertel’s trial was any mail-out-proof
presented, but in perfect NAPUE violence, both
AUSA’s and FBI knew, or should have known,
that GX 301, the $8’120.00 bill (or any June
matter] never left “pauper victim’s” BM’s two
luxury floors at Rockefeller Center, let alone
on 06/28/96 via an “exclusively pre-qualified
interstate carrier” [sarc]. “Pauper rents @
Rockefeller” is cute, and should have given a
hint, that something was deeply rotten, and
not in Denmark.
46Mary Jo White authorized on 6/19/2001, her staff backdate aside - different versions:
¶1: “ [1.] On or about June 28, 1996, via international commercial carrier… sent to
Germany” versus page ¶11: “…via an international freight company”, either one version
coequally void of the 4th mail fraud element and void of mail jurisdiction, insanely outside
the domestic mail statute.
45
Commentary: Once, step after step with Burda
Holding’s strong assistance47 the DOJ’s revisionism of
Blumenberg’s 1996 conduct was exposed, facts and
testament were brought to Koeltl’s [uneager48] judicial
attention, because Koeltl had long ago converted into
DOJ’s Court usher [hopeful to reach a “Macer” position
one day]. Despite statutory flaws, temporal
unworkability and time limits- proctors ruthlessly
pushed criminal envelopes around in reliance upon the
viable bad faith of a hoodwinked, scoff-law, judicative
nomenclature that would appear biased to blind persons
by i.) Aid and abet49 federal violators and condone
47Burda Holding GC, Prof. Schweizer, certified to JGK that Blumenberg rebated his
director’s compensation and refunded millions before 2001’s USANYS criminal pursuance.
JGK belatedly struck his bogus Restitution orders vs. Blumenberg and Viertel, after a
decade of nefarious USANYS obstructions. Obviously, both sentencing enhancements were
malicious.
48Koeltl ordered Pitman to “R&R investigate” whether Blumenberg was “fully paid up on
restitution”, another judicial sentencing ruse, was finally blown into pieces. Not after
Pitman had thrown a curved ball and upheld – at Cohen’s urging – the disputed but
remaining restitutional obligations. These were bogus initially, and BURDA blew them up.
Koeltl reluctantly conceded, that Blumenberg was fully paid long time ago, in fact before his
sentencing in 2003 Blumenberg had refunded more moneys than Burda overpaid in
bonuses and profit share. Koeltl ordered Blumenberg’s new CJA , Alan Nelson, that Nelson
was not permitted to review or raise any other – deeper - issues than the paid-money
dispute with his Court. Nelson reported on Koeltl’s obvious fear of exposure that his
restitution ORDER and Judgment were improper.
49
First proposed in 1976 by three of the most prestigious justices of the U. S. Supreme
Court, Justice Byron White, joined by Justices Brennan and Marshall wrote in a dissenting
opinion to "Imbler v. Pachtman,”: "I disagree with any implication that the absolute
immunity extends to suits charging unconstitutional suppression of [Brady] evidence. . . .
Unlike constitutional violations committed in the courtroom, the judicial process has no
way to prevent or correct the constitutional violation of suppressing evidence. The judicial
process will by definition be ignorant of the violation when it occurs; and it is reasonable to
suspect that most such violations never surface. It is all the more important, then, to deter
such violations by permitting damage actions under 42 U.S.C. 1983 to be maintained in
instances where violations do surface."
46
flagrant felonious acts in his presence ii.) Later
rubberstamp and stonewall the “bejesus” out of getting
caught violating a judicial oath and trampling due
process. This teamwork raised ethical, legal, and
separation of power questions about xenophobic,
jingoistic proctors committing constitutional
violations while under strict duty to disclose any
information that would mitigate or – as here – flatly
exculpate two aliens.
Aliens [as Blacks & Indians] are subject to routine
disrespect & discrimination by federal agencies and
Courts.
American “temp-defendant” John Lee, lawyered-up
first class, was nolled
[https://de.scribd.com/doc/310093270/not-guilty-as-
charged] per Weddle/Comey, out of a “blue sky” on
7/2/2002.
In fact, secretly and under a dark cloud, id est
that Lee’s atty “Dick” Zabel (now Bhahara’s Vice)
smelled a familiar foul stench rising from his (former)
USAO barn. Zabel “threatened” JGK with a Grand-Juror-
Misconduct probe in late June 2002, and had Lee’s nolle
one week later. JGK, Court usher, could certainly not
permit added sunshine upon scandalous malfunctions
inside his or Grand Jury chambers.
H.) To Wit: Because of Weddle’s know-how-what and
why Lee’s nolle was issued, USANYS supervisor
Canellos made a strategic rochade to pull
Weddle off 571 but still proceed with
violations for “selective – alien -
prosecutions”. Canellos assigned Marcia Sue
Cohen [MSC] to further the unconstitutional
prosecutions with new zeal.
47
I.) To Wit: In fact, re §1341, MSC directed FBI’s
(mens rea integrity squad) C12BQMRA “not to
investigate APEX Air Freight Ltd’s office on
Sixth Avenue and not to depose APEX owner
Howard Balmert in West New York. FBI folks
“traced” APEX on NCIS to be a Delaware “shell
company” without carrier licenses and
unregistered for doing business in NYS. APEX
was an out of state messenger50 simply
unqualified as “interstate carrier”.
USANYS knew that APEX was at best a gypsy-
van venture running errands [plus NY-Times’
print-copies for export] to foreign airlines.
USANYS also had positive knowledge from
Kiefer/Polacek, that BM (never retained or
paid for export shipments) was not in 1996,
nor in the past, “Export-Shipper on record”.
APEX was shipper while consignee was a Munich
based M&M Logistics [under contract with Burda
News Group]. Post-trial, APEX’ officer
affirmed, that APEX was a registered agent for
foreign carrier –Lufthansa- but not licensed
nor acting as a bona fide interstate carrier
in 1996 or before. Thus, USANYS’ team had
scienter that a §1341 charge was an absurd and
bogus charge under color of law. USANYS
deceptively presented and unlawfully made
false instructions to jurors on the
sufficiency or rather the lack of the carrier
criminal §1341 element.
48
Still, USANYS conspired to conceal, and
substantively deceive Grand, Petit Jurors and
the Court over this fatal jurisdictional
defect, that nullified all dummy mail counts
ab ovo, and nullified huge sentencing
enhancements based upon conspiracy delusions
over 10+ year’s previous irrelevant – crime-
free – “export shipments” of Cashier bulletins
and paid vouchers. These paper shipments
consisted of routine reports prepared for BM’s
German-based billing agent 4000+ miles far
beyond any “Interstate” border. JGK doomed his
reputation with bogus preponderance based upon
his scienter position. §§371/1341/1343 were
Courtroom delusions.
51 Other courts have noticed these problems as well. Just in the last six months, both the
Fifth Circuit and the Sixth Circuit have questioned the conduct of those employed by the
Department of Justice. United States v. Bowen, 799 F.3d 336 (5th Cir. 2015); In re United
States, No. 15-3793, 2016 WL 1105077 (6th Cir. Mar. 22, 2016). The Fifth Circuit went
further and suggested that not only was there misleading conduct, but the conduct was
followed by an inadequate investigation and a cover-up. These are just two of an ever-
growing number of opinions that demonstrate the lack of ethical awareness and/or
compliance by some at the Department of Justice.
49
practice elsewhere] finally be held accountable and
removed from further practice of law.
52
DE#315 in 01-571-3 Memorandum of DENIAL: “The Court has received the attached
submission, which purports to ask for various documents, including grand jury records,
and asks for someone to "show cause" on various issues, including whether "clerk Lopez"
was a "living clerk." The application for orders to show cause is denied. SO ORDERED. (by
JGK on 1/30/2014)
50
This fiasco at the Nation’s Mother Court is not a
new discovery and is not a surprise to jurists, court
reporters and observers or to – we suspect - DOJ’s OPR-
review-teams, who, as impartial jurists of reason, must
accept as true all fact statements and all factual
verifiable data/ records/dockets/details a sworn
complaints contains and must draw all reasonable
inferences in favor of the Rule of Law and in favor of
complainants.
51
of an autograph of “Melanie L Lopez” [sic] a
fictional “character” [locked up in the
Clerk’s office at NYSD]. These messages
were visibly drafted and approved by
two or more C12BQMRA Doe’s in a state
of moral bankruptcy [names redacted by
DOJ/FOIA staff]. True Due-Process-
Deniers, like Harris, are baselessly
arrogant, fingernail biting, HLS
pruned, and care little for judicial
approval, they muster enough hubris to
extra-judicially brand three innocents
as wanted “FUGITIVES (A)(B)(C)”, to
reach a desired result in the dying
moments left for Team-Harris. All wire
would drop June 18, 2001 midnight,
24:00h, and Team-Harris feared that
deadline [early birds catch worms but
not Johnny-come-latelies].
ii.) There was absolutely no logical reason
for Team-Harris to foment three bogus,
criminal FUGITIVES SCAMS “once an
indictment was returned, was “brought”
before a bench, because the running
statute of limitations is tolled as to
the charges contained in that
indictment” U.S. v. Ben Zvi, 242 F.3d at 98
(quoting U.S. v. Grady, 544 F.2d 598, 601 (2d
Cir. 1976)) .
iii.) Apparently, Harris and Weddle sought to
“short-stop the clock on 6/14/01” in
view of and with more than minimal
planning to avoid a fatal failure to
have “found” an indictment by the last
day of the statute of limitations [U.S.
52
v. Ben Zvi ¶ 89, 97 CA2 2001] then the
indictment is time-barred unless USANYS
established that it effectively tolled
the SOL, and it is USANYS’ burden to
show that three defendants were
“fleeing from justice”, and were not
just at home. QED: no indictment was at
hand
iv.) There was absolutely no logical reason
for an honorable set of prosecutors to
hand the FBI 14+ pages of unsigned,
unfiled leaflets - proposals for a
future “Indictment” or “arrests” at
best, if only Team-Harris had a real
TRUE RETURNED BILL in possession. A
real BILL, upon judicial return by a
Foreperson, lawfully filed on 6/14/01
and maybe – by chance – also “sealed”
[if a real fool would give credence to
571-DE#1] would suffice to validate the
FBI’s claim of “SDNY RETURN” one day
before, “6/14/01”. Instead, Team-Harris
enclosed fake pamphlets, and
demonstrated bottomless bad faith, and
extreme misconduct.
v.) There was absolutely no logical reason
for the FBI to brag about “issuance” by
SDNY of arrest warrant[s] when FBI-
Squad-USA knew best, that Harris was
impersonating a federal Court. Team-USA
has nothing more to show for than an
empty <blank> judicial autograph box
which “HON: Michael K. Dolinger”
certainly, visibly did not ORDER or
touch 6/14 or at anytime (Snapshot “5”)
53
because he was unassigned, uninvolved
and moreover, not even or on record.
[H.Pitman was not in the building on
6/14]. Jurists of reason safely
concluded that reasonably healthy,
sober, sworn “Magistrates” would not
sign three Arrest Warrants without a
debitable record for probable cause, a
filed Pacer “mj” case affirming “Valid
Return of an Indictment”, and would
surely not sign for “arrests” in
Districts outside his limited
territorial jurisdiction.
53Rubberstamps (!) which fellow Bar-associate James Parkison, Esq. [Chief Clerk at the
Nation’s Mother Court] tailored at a NJ stationary, introduced into his Courthouse office
and kept on hand for – most likely illegal - “emergencies” and for “pranks and friends of a
Chief”[sic].
54
the land, less worried about NYSD’s
territorial warrant boundaries. Harris
was predisposed to throw a full dozen
out-of-state FBI goons under a bus and
back up, and Harris was willing to
deceive FBI goons into breaching
constitutional guarantees of freedom
from false54 arrests.
viii.) Not even [myopic HLS-]lawclones would
risk three bogus FUGITVES labels on
6/15/2001, if they had successfully
dragged Grand Jury Foreman Rehm on
6/14/2001 into Court to “RETURN” a true
bill on time. On 6/19/2001 “Sheriffs”
White, Harris and the FBI filed AO 257
with the NYSD, repudiating their bogus
“FUGITIVES” labels of 5 days earlier.
(Snapshot “3” USANYS Court filings)
ix.) Not even Justin Weddle [as Mister
Overreach - later dethroned as
Aleynikov hangman], would have exposed
himself and permitted the FBI to
“enclose” a bogus, 11 page, devoid
Grand Jury proposal, an proctor work
product draft, and to label these
worthless papers “Indictment” unless
delusion took another hostage. [“legal
sufficiency of an indictment is
reviewed de novo” See U.S. v. Bolden,
54 FLSD USA Acosta wrongfully asserted to DJ Middlebrooks in his Bivens FLSD 05-80561
defense, that the Palm Beach FBI was not guilty of a false arrest on a false “Warrant”,
because FRCrP 9 provided 2001 that under 9(b)(1) a warrant must be “signed by the
Clerk”. USAFLS pretends to have been unaware that a rubberstamp was used and not a
“must have” signature and, second, that “Melanie L Lopez” was a fictitious Clerk’s prank
autograph.
55
325 F.3d 471, 486 (4th Cir. 2003)], or,
more plausible, unless corruption took
hold at USANYS.
x.) Not even Mary Jo White would authorize
Harris to crook three “A/Warrant
drafts” to be decorated in lieu of a
HON’s “sig” with a counterfeit novelty
stamp of “Melanie L Lopez”, unless White was
comatose, or under the spell of yet
another amoral bar specimen [suspect:
Mark Pomerantz, Bar 1360783] obliging
the USA to act [or else he would lose
fat dumb client funds from abroad].
56
June 18, 1996. Funds, thus cash-flow for this
June check arrived at BM’s Chase account from
Germany around January 18, 1996 – an expired,
long time-barred date [in 3 equal chunks55 of
$349’000,-].
57
INDEX register, without Courtroom,
unreturned56 to nowhere or a non-existent
Judge, who improbably could have seen live
action five days earlier, on 6/14/2001.
56During direct Appeal, a CA2 staff attorney raised issues over prejudicial Indictment
tampering and dating mischief to panel member C.J. Miner, to be swiftly reassigned to
another matter within days by appellate bureaucracy. Per CA2 internal records reviewed
by a whistleblower.
58
less commence a civil “RICO” suit57 against Blumenberg
et al (Blumenberg was immune from all NY venue suits,
due to his “exclusive venue clause” in favor of the
Munich Courts and German Law), and Clifford Chance was
not retained, nor permitted to transmit self-serving
criminal referrals, and was less authorized to
selectively disclose confidential BURDA issues behind
their client’s backside (a fact explained by total
absence of BM or Burda Germany officer testament or
affirmation of a “loss statement” to Court or to US-
Probation).
57 By happenstance, Roger Wells Clifford Chance NY LLP fatally botched FRCP Rule 4
“SUMMONS” form for 97-cv-7167 by omitting the required “name of court” from the
template, fatally blocking Judge Sweet’s jurisdiction ab ovo, and must now face a claw-back
charge for unearned fees .
59
Prosecutors did not tell her, but she knew
they plotted to not admit her job function and
it “bothered her”. Later, in 2002, Kiefer
resisted MSC’s high-pressure tutoring attempts
[sic] to outright lie, she capitulated by
concealing BM’s rich treasury and BM’s
substantial earnings from BM sales. She knows
that she deceived Jury, defense and Courts,
she also concealed BM’s mid-June-96 shipments
embargo [received as telephonic instructions
from Christian Hirsch and Wolfgang Maginot to
stop BM’s month-end-shipping-routine of
account/docs, prior to 6/28/96]. Kiefer kept
quiet about her and Pollacek locking all
documents under HOLD until Hirsch/Maginot
could reach New York [by 9-Jul-96].
Hirsch/Maginot were to inspect original
accounting records for June [a HOLD that also
stopped transport for GX 301, 302 and 303, see
Snapshots, intra]
60
N.) Back to 06/19/2001: The “White”-Team was
factually empty handed58, not only on the
bogus, “mail” Count [ruined by BM’s ship-
embargo], but also on the “wire” Count’s
temporal [months too late]failure, and worse,
effectively out-of-conspiracy “luck” since
both underlying “objects”, the substantive
“mail” or “wire” counts were untenable
objects.
58“The Government would satisfy the statute of limitations for conspiracy if it can
truthfully establish that a conspiracy operated within the five-year period preceding the
indictment and that a co-conspirator knowingly committed at least one overt act in
furtherance of the scheme within that period. U.S. v. Salmonese, 352 F.3d 608, 614 (2d/03),
outside that period , USAO’s luck ran out.
59Black letter law states that mailings after a completed payment transaction are not
§1341 violations, a precedent which caused USANYS to fabricate an absurd theory under
which the $8’120.10 payment was not completely consummated, but in “processing” via
Munich. This type of pseudo juristic contortions by stretching federal laws commands the
most serious sanctions as aggravated prosecutorial misconduct and fraud
61
amount that was actually 10₵ents higher
[$8’120.10] than was GX 301. None of these
strong exculpatory 1996 facts DOJ
malefactors wanted known and their
supervisors’ collective failures allowed
justice to be miscarried by USANYS’s pall-
bearers.
ii.) On 6/17/96, Kiefer was duty-bound as
Cashier & Treasurer to follow her CEO’s
“handwritten” instruct [Snapshot “7”] for
an $8’120.10 payout60. Viertel was 3500
miles away in France.
iii.) In furtherance of official misconduct,
Team-USA willfully dropped: “Embargo HOLD”
from their FBI 302s and from FBICOS’s
“scribbled notes” to not “crucify” the
bogus “§1341 mail” and the insane
“furtherance” charge they had concocted.
Since, Hirsch and Maginot testified (to
German Police and Burda) that Kiefer
complied with their mid-June 96 strict
embargo command and because of the
effective HOLD they were able to obtain the
(numbered61) Originals of June 1996’s Cash-
Report, incl. both, Blumenberg’s $8’120.10
original pay-out instruct and the – later -
60 Kiefer found it “cringe worthy” for the USAO to ludicrously pretend that she would have
issued a Check for a higher amount than called for by her CEO’s instruct, more clear
evidence that USANYS’ “charged” proforma for $8’120.00 had not existed on 6/18/1996
while she paid $8’120.10.
61“If there was a number on top, it went to Germany” Trial Tr. 629-30 of 9/20/2002 Kiefer
crooked the Court (unless she meant, without clarification, that “went to Germany ”
actually was by hand carry of Dr. Maginot on July 19, 1996.
62
$8’120.00 proforma “invoice” to cover for
latter.[GX 303 and 301)
iv.) All originals were hand-carried by Maginot
onboard Lufthansa flight to Munich
≈7/19/1996. Thus, 5 years later, June 2001,
USANYS’s “mail/wire/371” counts push was
entirely bogus and was “willfully
misconstrued” regardless of the cost to
Grand Jury reputation and process.
v.) Ct#2 was the equally bogus “wire” charge, a
preconceived fabrication by Harris and
Weddle in confederation with supervisors
including G. Canellos that was falsely
underpinned, rather hoodwinked by FBI’s
squad. The “mail” accusation was contrary
to Kiefer’s asseveration to the same
FBI/USANYS that she was to routinely
prepare BM’s June-96 Operating-Cash-Report
[month-end Kassenbericht] for BM’s
Offenburg-based back-office-subcontractor,
but HOLD and retain all ledgers and
documents (including Blumenberg’s $8’120.10
pay-instructions and the subsequent
$8’120.00 proforma62) until Hirsch and chief
auditor Dr. Maginot arrived on Lufthansa to
prepare63 an on-site NY audit review. The
62On voir dire and later on cross, Kiefer clarified that she did not receive an actual “Agate
Reality” invoice (GX301) until after she had executed the check payable to “Agate Reality”
[Tr.290]
63 In fact, Burda Media had retained Rogers & Wells LLP [R&WL] - soon after a defund firm
- to “investigate local office procedures” once Hirsch, as their client, arrived in NY –
07/09/1996. R&WL faxed several “June Cash Report” documents – among those the above
“already paid pay instruction and proforma Invoice to Burda Germany’s General Counsel,
Prof. Dr. Robert Schweizer’s fax machine on 07/03/96 for a 07/06/96 Burda Management
63
review occurred as planned at BM. The
results were part of BM’s audit report,
later sarcastically referred as “Burda’s
Brady” audit. USANYS’ “wire-fraud” charge
was equally bogus, deceptive, illogical and
economically delusional, because USANYS
knew, or should have been informed of FBI’s
“investigations” not only from Rule 6
corporate materials’ disclosures, that
putative “victim” Burda Media was not a
victim at all, was not a branch [not a
Betriebsstätte], not an appendix, not an
agency, not beneficiary of charity or a
subsidiary and was not controlled by Burda
Holding GmbH. & Co K.G. at all relevant
times. BM did not receive any “funds by
wire” from Burda Holding64, in particular,
no funds in 1996 and no Holding funds via
the “charged” wire [the wrongfully charged
wire was an intra-company BM FOREX
transaction of BM’s own funds, held by
custodian Burda GmbH, and was utterly
without economic relevance, furtherance or
criminal ado].
meeting in Munich during which Blumenberg resigned his commissions, assigned his
shareholding and Pres/CEO functions at Burda Media New York.
64“Wire details” from BM’s banker’s Chase were available for the FBI and showed for the
subject wire, that the “SENDER” was “BURDA GMBH” , and not “BURDA HOLDING”. BURDA
GMBH was BM’s custodian and collection agent.
64
overseas, or a ZERO-SUM wire that moved Dollars out of
German Marks without economic relevance.
65 Just in case of doubt, (Weddle & Harris) should have been aware – says AOUSC, that no
“INDICTMENT” is any closer to a “RETURN”, to “Tolling” or a “SEALER-Job” if plaintiff
actors “pre-book an Index Number” until that “Case” is “FILED” on the ecf-system after a
“RECORD” by judicial act: Pacer is clear cut and incontrovertible for 01-571 = 6/19/2001
(and not 6/14/2001). The AOUSC confirmed that ecf “Case Opening RECORDS are time-
stamped and cannot be backdated”.
65
majority of virtuous jurists shared with us. Disgrace
has become culture and methodology.
66Presumably autographed by Foreman Rehm and USA White on page 11 but not on USA-
33s-274 cover page (intra)
66
actors finagle and pray that it had reached Court
earlier, and by backwards dating, even by one minute
cannot save the “BILL” as “validly pending”. The
pamphlet remained wishful for the government and turned
into a jurisdictional Nullity on 6/19/2001 at 0930am.
Dismissal, Vacatur and Expungement
– nunc pro tunc – are applicable as
Remedies, which DOJ and OPR are under
Legal duty to obtain sua sponte
Or face legal consequences.
67
✂Specimen A [if above pamphlet would have truly
[wink-wink] been “filed” as inked/stamped, the
“JUDGE KOELTL” stamp killed that ink scam: JGK was
assigned 6/19, and according to AOUSC “Filed
documents cannot be altered and may not be tampered
post-filing69
69
except when “re-filed” and clearly marked as replacement with reference and only
pursuant to valid Judicial Orders
68
unambiguous obligation not to tamper with [18
U.S.C. § 1519 et al] and not to counterfeit
Court documents and not to doctor docket
entries, or under a standard imposed by law,
applicable rule of professional conduct, or
DOJ regulation or policy, and (2) recklessly,
knowing willful disregard of obligations to
comply with that obligation or standard.
70
albeit fake and later disproven “acts” during post-trial proceedings and by Grand Jury
testimony on June 14, 2001 by FBI very special agent Connor O’Sullivan
69
this complaint <plausibly removed by
“unknown” co-conspirators of USANYS, since
no one else would give a hoot or fear
detection>. Luckily, Confidential Court
Insiders [herein “CCI”] were smart and
whistling to retain an image (Specimen “B”,
Snapshot “1”). The saved image was
transferred to undersigned “of Counsel”.
33s-274 shows overt discrepancy, “bad smell”
and should cause bewilderment over such
extra-ordinary, extra-judicial unmatched
dating procedure.
iii) An important aspect reconfirms the vacuity
of a lawful requirement of a Grand Foreman’s
“RETURN in OPEN COURT” in that the
unidentified USAO staffer was unaware of an
otherwise ongoing “No-Seal, Un-Seal, Flag
Day” Court scam, since the staffer handwrote
on 6/19/01 that he “Filed Indictment”,
rather than witnessed a “return”71, nor did
he witness or cause an “unsealing act” of an
“Indictment”. Staffer Doe just FILED on
6/19/2001 without Seal or ado.
70
v.) Subject staffer recorded that “Case [was]
assigned to Judge Koeltl, simultaneously to
his/her “Filed” action. Apparently, the
assignment was done in his presence and
became anchor DOCKET event, which an –
otherwise highly compromised, dubious and
falsified – Docket record confirms for
6/19/01, see below the historic – unredacted
- view:
✂Specimen C
71
vii.) DOC#1 and DOC#2’s “DE” entries must be
deemed fictional and thus fraudulent entries
[AOUSC’s “clerical error” standard is
inapplicable], in view of undisputable and
undisputed lack of proof that “SEALED
INDICTMENT as to Sealed Defendant 1, 2 or 3”
was a purely fictional docket text statement
clerk “jm” did certainly not compose such
without appropriate USANYS compensation or
rewards. Clerk “jm” violated ecf-rules
against fraud and by intentionally dropping
“where and what judge and room” from his
“whacko” posting on the Nation’s public
Mother Court records.
72 On 6/14/01, Magistrate Henry Pitman was not on duty and was absent from the
Courthouse [pursuant to District Executive, CCIs & Pacer’s event records], rendering
implausible – and hearsay- Pitman’s “observation” of events no other Courthouse inmate
(inclusive custodians of Court Calendar records) saw happen or go on record, specifically
not anywhere near Judge Dolinger’s busy Courtroom that day. (see below for details of the
spook)
72
“Case” on 6/14/01 involving Fritz
Blumenberg, et al.
d) failed to produce Mary Jo White’s
autographed application for “Leave to File
under Seal”, and show cause whether it was
granted or denied
e) failed to produce any probable cause
affidavit or other lawful basis that
“coulda-woulda” have induced a still
unidentifiable Presider [DJ or Mag]on
6/14/01 to convert Harris’ A/W “drafts” by
his legal authority into three (3) “Arrest
Warrants”.
73
left as is, despite the rubber’s ink”.
They were dead and void ab initio. The
trio drafts were penned, as marked, by
Mark Harris, apparently daydreaming
anticipative of a miracle that did not
substantialize and now will come to hunt
him.
g) failed to produce a specimen autographed
(MJ White) submission relating to a
6/14/01 “Return/Filing/Request to Seal”.
[After all the DOJ’s darkness schemes and
collective failures, it feels like a warm
sun-ray that jm Molinelli was not induced
to also finagle and docket the “SEAL”
application]
74
granted” USA White’s application for Leave
to Seal after a valid return of a purported
“Indictment” and “AO 190”.
e) Nope, MSCohen must have and should have
detected and declared an alarming absence
over “USA White’s Leave-to-Seal Request”
and “AO 190”.
f) Yes, MSCohen deliberately derailed [as
“irrelevant”] due process milestones while
also implicating new co-signer USA Garcia
and made a “HLS-alumni-monkey” out of
Koeltl and JGK’s fax73 terminal:
73 FAX-Metadata : Mar-01-2007 17:08 USAO WHITE PLAINS 914 993 9036 ¶03/04
75
own pamphlet was absurdly labeled likewise INDICTMENT
and filed somehow with NYSD a half hour. Clerk “jm”
entered both next day 6/20/01.
76
✂Specimen D DOC#2, corpus delicti
77
happen in an unknown Magistrate’s Courtroom.
Pitman waived all concerns to participate in
the ugly spectacle at his chamber after ≈09:15.
CCI’s claim that John Koeltl was “in on the brazen scam” as a “pre-selective assignee” who
74
78
signatory on DOC#1, were brave enough to
throw the Fifth Amendment along with the
other Amendments, the NYSD judiciary and
the Rule of Law under the bus and back up.
[for courtroom attention, Koeltl likes
Fletcher to bang the doorframe strong]
i) Pitman is said to be more inure to peer &
DOJ abuse and disgrace, but insists that he
was badly duped75 by his former peers,
subject U.S. attorneys. He claims to have
been “Un-assigned Magistrate”, thus,
without judicative role, and that he did
not approve of the “FILING”. He was “simply
an innocent” <albeit robed> “bystander”
without jurisdiction, whose Order blowing
off a SEAL was “legally inconsequential” if
not “worthless”, because “no matter was
sealed in the first place that he could
blow off”. Be that as it may.
j) Despite all excuse, ≈09:30a.m. Judge Pitman
did authenticate and rubberseal DOC#2. He
held DOC#2 sub judice as per AOUSC’s “Bench
Book” but looked the other way before
“validating” a patently false DOJ time-
event-line. “If Pitman had his own “Time-
Machine76” he wouldn’t job at Pearl Street”,
an insider remarked.
k) Alas, before noon, Pitman was generally
deemed competent enough to see DOJ’s
75 CCI hold it more plausible that Pitman elbowed himself into the queue for “most
shameful judicial conduct by empty robes without jurisdiction”, sans judicial assignment,
for a contest for loiterers throwing prejudicial IED’s at the Rule of Law.
79
obscene pamphlet as highly suspicious, if,
as here, his “brown nose would not have
blocked the view”. Pitman was a learned
judge – who must have smelled the stench
from all four corners of DOJ’s counterfeit
pamphlet, an intentional deception to
appeared as if emanated from a real Court
of Law and not from DOJ’s hoax-shop.
l) It is not plausible, considering the
entirety of the documents and
circumstances, that Pitman had not agreed
to join subject attorney team’s conspiracy
and was willfully abusing due process by
his false underpinning of a totally
fictional “Return & Seal on 6/14”, thus,
Pitman acted upon bad faith, and – probably
– relied upon botched legal ethics training
and abhorrent supervision, very much un-
magistratively for a sworn federal
Magistrate. Pitman turned into Accessory to
Constitutional Violations and more.
77 Harris’ favorite line inside the Courtroom, when he did not munch his fingernail off
80
paper, which Harris had doctored up for them on his
PC.
78These scarlet STAMPS - there were a quite a few - passed from one Chief Clerk to the next
wise guy, like from Henry to Hill.
81
on these look-alike warrants, FLSD79 USA Acosta’s
deputy, unwisely, chose to provide material support to
false arrest by permitting three FBI agents80 to
apprehend Viertel and to request Boca Raton Police to
“AOA” the night before. Palm Beach’s Sheriff is in the
business to “earn” fees for booking and storing any
“body”, even innocent arrestees, even if FLSD/FBI
“transfer” custody jurisdiction they never had.
79New Jersey or Connecticut procedures have not been investigated, but Blumenberg
recalls that the FBI agents arrested him at 07:00 on 6/19/2001 and drove him shackled
over the George Washington Bridge to Pearl Street in Manhattan, a fact that indicates, that
FBI Fort Lee was very concerned and did not effect the false arrest, and did not present
Blumenberg to a NJD Magistrate for extradition.
80
82
guarantee it cannot be weighed against other
interests”.
81
83
enemy combatants without clothing, nude all
along, just like Andersen´s Emperor82,
U.) To Wit: Unsurprisingly, the scams went beyond
Manhattan, to AUSA Snow at Main Justice
falsified criminal law sections and created
documents [upon MSCohen’s high pressure and
telephone terror reported by USANYS’ MLAT
liaison], which he transmitted [8/9/2002] to
France’s Central Authority.
82 “Kejserens nye Klæder“, Eventyr, fortalte for Børn. Første Samling. Tredie Hefte.
1837
84
parenthesizing “[use the Postal Service..]”,
in false pretense as if a “postal” crime
occurred for which “Viertel” was held
responsible, as if U.S. national Postal
services would export airmail in delivery of a
“fake invoice” to Burda Holding in Munich.
Snow [now EOIR staffer], deliberately and
against better knowledge, and contrary to
USAM’s clear instructions, willfully molested
statute §134183 to induce and deceive France
to cooperate.
84
Apparently, at the first sign of anything questionable—even before any bad happened on
June 13, 2001—New York’s White-Pomerantz-Canellos-Harris-Weddle team should have
jumped on a plane, head to Main Justice and knock on the door, begging for credit &
85
from taking such medicine in-house, and, DOJ
seems resistant auto-immune from self-
critique, or, more likely, too arrogant to
follow the Rule of Law85, or Supreme Court
decisions .
forgiveness for the self-disclosure and cooperation to vindicate the Laws of the United
States, and stay clear of constitutional violations, false arrests, and bogus autograph and
date stamps, when a duty Magistrate honorably balked at corruption and abuse.
85 Itis noteworthy that U.S. Prosecutors are considered unrelenting scoff-laws not only by
foreign Central Authorities, but also at home: prolific and invaluable Prof. Bennett
Gershman writes that, notwithstanding Batson and now Foster, prosecutors will continue
to "remove black persons from jury service with impunity simply by concocting
purportedly race-neutral reasons." He says that the Foster reversal occurred only because
of the random discovery of the prosecutors' file containing telltale notations and comments
about their intentions to strike black jurors..
86
been “Invisible to those unfit for their positions, stupid, or
incompetent”.
86 “the one who flees the law confesses his guilt” (Publilius Syrus)
87
this intra-agency prosecutorial demand. Unit
Counselor B. Pruitt later tried to
“compensate” Viertel with untimed private
phone calls to family due to her shame over
BOP’s misconduct.
88
her scheme, in that MSCohen feared Viertel
could alert Bonstrom to her felonious
alteration of the “trial exhibit”, if he would
obtain legal communications that BOP rules
incontrovertibly provide.
87Mrs. J. Upchurch- Deputy Case Management Coordinator (BOP COL 2012) , is responsible
for collection, verification, and analysis of factual information in the preparation of inmate
social histories and progress reports. >>>> counterfeiting data is not a Case Mgr. function
89
action demand at odds with his judicial oath
to “administer justice without respect to
persons”. Koeltl falsely pretended lack of
jurisdiction over DOJ-BOP misconduct88, the
same “lack” that hizoner should have applied
to withdraw and recuse himself on 6/19/2001.
88 That was not the only time Koeltl went out on a limb to protect the BOP from shaming.
When Viertel blew a whistle on a DOJ-BOP kickback scheme involving IFR payments
transmitted to the originating USAO during incarceration, the BOP had an agreement that
allowed them to keep 25% of the moneys extorted from the inmates. FCC COA had
admitted to Viertel of the existence of the scheme, but Koeltl blocked all efforts to protect
NYSUSA from discovery.
90
6/19/2001, “Pseudo Sheriffs” White, Harris and FBI
filed AO 257 with the NYSD, contradicting their own
bogus “FUGITIVES” labels from days earlier. (Snapshot
“8”)
89“CII” point to the Ex-Chief of White’s Criminal Division M. Pomerantz, since 2000 in
private practice to solicit big fees for Big Law, as a most likely ringleader abusing his old
crime network
91
since left Moynihan’s Court House building for
good.
90In fact, several former FBI agents, related and unrelated to this matter, have voiced to be
pressured to commit criminal acts on USA’s carte-blanch promise to be shielded by U.S.
attorneys in case of :::all of the debriefed agents consider the FBI’s “motto” false pretenses.
They hold “ Integrity ….” to be public mockery
92
(excluding her ex-G-man spouse), Heronor responded
with a larger number than fits to print.
93
The first part worked with grandiose assistance
from the judiciary, the second part failed. The
sandcastle USANYS prosecutors built without permit,
are washed away.
91From fiscal year 2002 through fiscal year 2013, the Justice Department’s Office of
Professional Responsibility (OPR) documented more than 650 infractions, according to
Project On Gov. Oversight review of data obtained through the Freedom of Information Act
and from OPR reports
94
Z.) MSCohen was less careful but in a procedural
bind when submitting the USA Appellee Brief
(on the 03-1364 Brief with Peter G. Neiman,
USA Kelley) and every subsequent brief, except
the last appeal.
95
Sufficient To Support The Conspiracy Conviction”] three
attorneys deliver an exemplary ignoble
demonstration of misconduct, deception, lies
and bad faith [“The testimony established that
Kiefer received the Agate Reality invoice on
June, 18, 1996, after she issued the $8120
check to which that invoice related”]. The
attorneys knew that sentence to be utterly
false and unfairly incriminating without a
true basis in fact, supra, QED. The three
“law-weasels” [sic] “dropped” 10₵ents from the
“issued” check [supra FN 38] in order not to
directly attack the sophistic constructions;
and they misinterpreted the law92, misquoted
96
Kiefer and willfully distorted Kiefer’s
testimony only to divert justice, obviously
“Department” justice they seek to uphold, what
they very well knew, was an erroneous verdict
they had caused, inter alia, in summation
resulting in false incarceration.
97
supervision, both serious operational
failures that lay squarely upon the
hierarchy of the EOUSA.
93
USA White’s “jurisdictionally void mail charge” :
98
New York by USA White and later USA
Comey94, which are – at least dubious,
whether Grand Jurors in June 2001 ever
agreed. Those superseder attempts were
mirrors and smoke and utterly irrelevant,
since the original indictment attempt went
sour and Jim Comey had no ticket to relate
back to a dead bill.
USA Comey’s feigned “Superseder “Indictment, under pretense to “relate back” to its
94
99
blind Judiciary role in the constitutional
system of government, reliance upon bench-
work by robed ex-prosecutor’s docile
predilections automatically invalidates
the Rule of Law and Due Process ab initio.
100
On another issue, Dolinger confirmed
that he never used a rubber with “Melanie
L. Lopez’s” autograph.
95
Blogger scan
101
imbroglio by publishing a list of which statutes
reach overseas.
96 Court Clerks Tampering with date stamps at courts is not a novelty nationwide
102
They had support from jurists on the Bench and
were trading, wheeling-dealing in INSIDER
information, altered and fictitious facts,
profiting by withholding material [or is Disclosure
just a movie?] non-public exculpatory information
of the most detrimental nature to their scam,
fearful of their own irrelevance and of shameful
exposure from hypothetical jurisdiction they
employed to harvest hypothetical convictions, to
result in unconstitutional long incarcerations and
unlawful removal abroad.
103
threat by USANYS to upgrade a bogus-submission to
POTEMKIN level, and usher the bogus-case along.
97
http://mfi-miami.com/2015/09/clerk-indicted-for-back-dated-deed/
104
Koeltl, utterly conflicted out and afraid under
threat of MSCohen [CII’s informed], to save her
from disbarment, or else. MSCohen altered
trial exhibit GX 301, a verifiable recognized
fact that Koeltl still seeks to negate or toss.
105
Mitigating Circumstances ?
98
Because [blah] Defense attorney (FD/CJA) misconduct is not
reviewed by FD/CJA Defenders
106
Apparently the DOJ prefers lax supervision allowing
for ten ham sandwiches to rot in jail than one alleged
criminal to be presumed innocent and prorogate
prosecutor’s careers.
107
Part Two:
99
It is a extremely troubling notion pointing at systemic
injustice that DOJ prosecutor's misconduct should be finally
determined by a fellow career DOJ prosecutor. Defense lawyers,
for instance, are not entitled to have their alleged misconduct
weighed by a fellow defense lawyer.
108
should always be hope for DOJ accountability, as for
all trials to be fair and without prejudice and for a
cure for Alzheimer, soon one day.
100 “the one who flees the law confesses his guilt” (Publilius Syrus)
109
Snapshot “1”
110
Snapshot “2”
111
Snapshot “3” Actual FBI arrest log entry & below,
Form AO 257 submitted post 6/19/2001 by White/Harris
(in conflict with Snapshot “4”).
112
Snapshot “4” FBI PRIORITY bogus fax and “enclosures” to
“locate and apprehend three “FUGITIVES” 6/15/01
113
(Note: Hand marking “01-5156-AEV” was docket# by FLSD
Magistrate on 6/19/2001 pursuant to 08:55am reception of a –
double unsigned - “draft” and – unsigned – Arrest-Warrant-
look-alike forwarded by FBI PBCRA of Palm Beach in lieu of
“real BILL and A/W”)
114
115
Below: FBI PRIORITY MESSAGE SECOND COVER PAGE
116
Snapshot “5” FBI PRIORITY enclosure “a)” pseudo A/R
117
Snapshot “6” Routine FBI message 6/21 from MIAMI to
NYO confirming “FUGITIVE” arrest of Viertel
118
Snapshot “7” GX 303
119
Snapshot “8” GX 301
120
Snapshot “9” partial Grand Jury Transcript (¶60-63)
121
Cont’d Snapshot “9”
122
Snapshot “10” – altered Jury Room Exhibit GX 301 (bis)
123
Snapshot “11” tampered BOP database for Complainant,
obtained from a BOP staffer with a spine and shame:
“Alien Escapes & Serious Violence”
124
Snapshot “12” FBI document re “VICTIM BURDA MEDIA” of
2005
125
Snapshot “13 Kelly, Neiman, MSCohen DECEPTIONS upon CA2
126
Postscriptum to original OPR Complaint101 of egregious,
serial prosecutorial misconduct dated May-30-2016:
101
https://de.scribd.com/document/325471481/OPR-Complaint-of-
massive-serial-Prosecutorial-Misconduct
102
which can`t be made unseen
103
Whereby Snapshot “6, as evidenced by FBI priority mail from
Florida dated 6/21/2001, that [Complainant] Viertel was falsely
arrested as “Fugitive” on 6/19/2001 apparently without authority
of the AG, a pre-condition that must be indicated if applicable
to the arrest of a member of the news media, in fact USAFLS
127
DOJ-official’s heinousness transmogrified would-be-
criminals into de-facto violators, miscreants who knew
that real, not fake “FUGITIVE” labels [judicially
granted] are extremely difficult to procure versus
select groups who Congress chose to benefit from
additional shields under the – often disrespected -
“Presumption of Innocence” clause, by requiring each
and every DOJ operatives to apply for and HOLD STILL,
until written pre-approval was directly obtained from
the Attorney General of the United States, Hon.
Ashcroft here, for any subpoena, {Grand Jury} indict
and arrest of a member of the news media or, lacking
such written AG approval, totally abstain from
enforcement action [See
https://www.law.cornell.edu/cfr/text/28/50.10]
128
Zb) To wit: For Blumenberg and Complainant, two
undisputable members of the public
press/news/media, this putrid and rogue DOJ-
FUGITIVE-label metastazid into a major statutory
DOJ-violation of CFR section 28 § 50.10 [P]olicy
regarding obtaining information from, or records
of, members of the news media; and regarding
questioning, arresting, or charging members of the
news media, misconduct omissions that corrupted
all further proceedings in addition to the
blatantly prejudicial, violative, perjurious
label, that – to keep in perspective – was
misbranded upon the targets with extra-
constitutional turpitude to attempt to prolong the
statutory 5-year limitations period that time-
barred USANYS’s [rigged] §371 overt acts on
6/18/2001 midnight.
Evidently, as was declared in first part OPR
complaint, the prosecutor’s fake “FUGITIVE”
branding was deemed too “weak” and way too
outlandish which, in turn, caused prosecutors new
scheme to extort a backdating confederacy “as if”
MJ Dolinger had accepted presentment and had
filed, unlawfully, an incomplete DOJ draft
“indictment” on 6/14/2001 without presence of
Grand-Jury-Foreman’s “oath and AO 190”, elements
that coulda-woulda convinced Dolinger to stuff
incomplete pamphlets into a designated “to-be-
sealed”, in-Court-house manila envelope, which, in
fact, never was, neither stuffed, sealed nor log-
entry-booked by NYSD’s SEALED RECORDS staff
129
[despite Koeltl’s latest wishful contentions105
spawn without a shred of evidence and against all
documented proof].
“A Southern cesspool of iniquity”, or not?
105
Earlier this month, separate Court insiders confirmed to
counsel, that, unsurprisingly, JGK’s unsolicited auto-“order”,
dated 9/11/2016 was mocked as “yet one more judicial
falsification” [this one under pressures from the Court’s admin
toppers], howbeit inexcusably.
106
& the late Blumenberg
130
prosecutorial beyond ultra-last-minute time-barred acts
to which they were not empowered by statute. Thus,
seriatim and deliberate failure to win timely
approval/denial from AG Ashcroft to allow proceedings
against Blumenberg and Viertel, in view of White’s
premonition that AG Ashcroft would have played hard
ball (reportedly), particularly on the FUGITIVE ruse107,
which – by itself one of the most prejudicial,
unconstitutional and punitive labels around - rendered
all further process and later adjudications null and
void ab initio. [Lee alone pocketed USA Comey’s “nolle
prosequi” in 2002 thanks to Richard Zabel, his dear
defense counsel].
107
which was outlandish and fallacious that Ashcroft, sources
confirmed, would have resoundingly denied White’s transgression
108
2001 pre-arrest FBI records show that Viertel’s lawful
presence in the United States was known to be pursuant to I-Visa
classification, reserved for Members of the Foreign Media and
dependents. Coequally, this pertinent fact was known and
recorded during 6/19/2001 Palm Beach Pre-Trial-Services review
before arraignment during which MJ Ann Vitunac was unable to
locate Index & Indictment on SDNY Pacer.
109
two fake A/W were subsequently destroyed on 6/19/2001 by
FBI/USAO and USM staff to not leave incriminating evidence for
Koeltl’s “Arraignment” documents of Blumenberg and Lee; FBI
agents had unlawfully transported both – chained - across NY
State lines for arraignment on the basis of “self-surrender”;
131
Zd) Furthermore, above officials later extorted
from the Court’s Probation Department deceptive
omissions of requisite statements “of facts” [AOUSC
Pub. 105 - NCJRS.gov] that [i.e.] a “Grand Jury
returned an Indictment on date <blank>”, but since PO
obtained routine investigative knowledge from public
and non-public Court records, saw discrepancies and
omissions, they were forced to drop mention of undue
process and of blatant DOJ deception altogether
violating the Rule of Law federal PO departments are
bound to follow. DOJ routinely promises immunity from
prosecution for tampering to “collaborating” POs.
Several known and unknown DOJ operatives including
AUSA Marcia S. Cohen repeatedly (“shaking the tree
harder”) caused forbidden interferences, proffered
deceptions and forced manipulations of PSIR Court
Operations who are mandated to independently assess –
even for “unworthy aliens” - simple facts and never to
twist or contort PSIRs for any government party or for
victims, and certainly not to profit the dastardly
Banana-Republic-operations by the USANYS (in fact, per
ex-PO staffers, DOJ-agents routinely and abusively
interfere under color of law while most PO staffers are
left utter defenseless against unrelenting DOJ attacks
to obstruct facts and obstruct justice, more so,
because Court hierarchy has prosecutorial background
and is silently condoning DOJ transgressions).
In 01-571, specifically, PO Frankelis [PO1] was
coerced to halt “peeling back the onion” [quote] of due
process irregularities and was pushed, not only, to
“cover up” a fatally corrupted “Indictment” timeline
uncovered in non-public records during his review. DOJ-
132
agents caused him to violate his duty to state true
facts, because, if PO1 had followed moral, law and
Court rules, and he did not, he would have
intrinsically “invalidated” a abusive plea, “ruined” a
jury-convictions and “killed” two enhanced sentencing
on grounds of rigged time-lines, fraud, the “Case Open”
date 6/19/2001 [and impermissible – bogus - backwards
entries to 6/14/2001], when INDEX# Case was inexistent
and not-yet-opened], jury-rigging, false date stamps,
missing AO 190, false entries, Pitman’s Kafkaesque DE#2
and time-barred “overt acts”, none of the elements,
once exposed dis-advantageous to Pos [other than DOJ-
retaliation], but existentially crucial to DOJ’s
“unconstitutional zeal to win at all cost”. Here,
another “cost” was the reputational damages of throwing
the NYSD Parole Office under the bus.
Thus, PO1 caused “Case Opening” and “Filing of
Original Indictment” dates to be disguised on PSIR’s
and replaced the “red herring”, deceptively, with
“Superseder” data, legally inconsequential and “un-
relating backwards” by law.
And,one more:
133
Ze) Facts are incontrovertible, that no Court
staffer or officer may legally “FILE” a document (see
DE#1) in a “Case” that has not been “OPENED”,[for such
pre-procedures, Court Rules provide for “MJ”-cases,
which do not exist here, no Magistrate, no Pitman, no
Dolinger, were assigned in/to 01-571] and these facts
PO1 was well aware of to constitute a constitutional
violation, one which DOJ operatives had imposed upon
scofflaw compliant District Court staff(i.e.clerk
“jm”).
DOJ dysfunction110 metastasized into the third
branch of government, the Judiciary, and does permit,
inter alia, under Administrative Procedure Act, private
claims “that an agency failed to take a discrete agency
action that it is required to take”.
These assaults on due process are “working” because
current judicial elites have no willingness, enough
110
NACDL Amicus Curiae Brief CA2:16-1463 on Prosecutorial Misconduct
https://de.scribd.com/document/335270015/AMICUS-BRIEF-NACDL-on-
malicious-prosecution
134
morals or some ideas how to defend it, or “pull the
sword out of the stone”.
135
Sources affirmed that JGK “confederated and agreed” in
convicting and jailing targets on backdated fiction
[and less-honorable preponderance] dependent upon
unassigned “no-job-function-Pitman” to help DOJ’s
scofflaw jurists to counterfeit a bogus Court-Document
of “hearsay testimony” that witness Pitman could not
have observed (he was not on duty June 14, 2001, a
semi-Flag-holiday): DE#2, a USANYS confederated – bogus
fig leaf – glaring Hail-Mary-forgery – a smear-job so
scrambled to overlook the bogus title: INDICTMENT,
still force-ingurgitated into the unconsignable Pitman,
not even a sober bystander, but a fool who autographed
and rubberstamped what was left of HIZONER away into
SDNY’s gutter.
112
For which, now in pension, deserves a BIG TIP OF THE STETSON
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oath but “slipped” in the back intake window on 6-19-
2001.
There is no reason whatsoever for OPR to waive any
of this along, or to refuse to forcefully act while
pretending incredulity over their “in-house”
incontrovertible evidence of massive criminal energy
that emanated from Manhattan’s United States Attorney
and USAO, engulfed Main Justice’s MLAT forgers but
disdained AG’s pre-approval for charges/arrests of
journalists, just as described, detailed, demonstrated
and complained about in this submission.
137
these in-house schemes, step up tight supervision,
establish clearer misconduct rule compliance and
honestly address these former and current official’s
frauds and swindles in all its ugly detail, as learned
here, and bring all colluding participants to justice
without protecting clandestine moves or, continue blind
self-righteousness or frightened defensiveness.
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Final Snapshot:
Q.E.D.
139