1

1 IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NEW YORK
2
UNITED STATES OF AMERICA :
3 :
vs. : 08 CR 54
4 : 09 CR 121
SHANE BUCZEK : 09 CR 141
5

9 Continuation of detention hearing in the above-captioned

10 matter held on Friday, May 15, 2009, commencing at 2:16 p.m.,

11 before the Hon. H. Kenneth Schroeder, in the United States

12 Courthouse, 68 Court Street, Buffalo.

13 New York, 14202.

14

15

16
APPEARANCES:
17
ANTHONY BRUCE, ESQUIRE, Office of the U.S.
18 Attorney, 138 Delaware Avenue, Buffalo,
New York, appeared for the Government.
19
SHANE C. BUCZEK, appeared pro se.
20

21

22

23
RECORDED BY FTR GOLD ELECTRONIC RECORDING
24 TRANSCRIBED BY DEBRA L. POTOCKI, RMR, RDR, CRR
843/723-2208
25
 2

1 THE CLERK: United States versus Shane Buczek, Docket

2 No. 08-CR-54, 09-CR-121 and 09-CR-141.

3 This is a detention hearing. Assistant United States

4 Attorney Anthony Bruce appearing on behalf of the Government,

5 and Shane Buczek appearing pro se.

6 THE COURT: Good afternoon.

7 MR. BRUCE: Good afternoon.

8 THE COURT: Mr. Buczek, have you had an opportunity

9 to confer with members of your family and anybody else you

10 wished to confer with about hiring an attorney or obtaining

11 attorney representation?

12 THE DEFENDANT: Judge, I haven't had the opportunity

13 to confer with my dad, he just walked in just now. I did have

14 some conversations over the phone, and I've done my own legal

15 research. And I know Mr. Bruce wasn't here on Wednesday and

16 Thursday of last week. And you know we didn't really talk too

17 much about the psychological report that I completed.

18 THE COURT: Right, because when we were here on

19 May 6th, we were basically addressing the third indictment

20 that had been returned against you, and that was in 09-CR-121.

21 And then we also addressed the second indictment that had been

22 returned against you in 09-CR-141. In the context of

23 08-CR-54, as far as attorney representation, and most of the

24 time on the 6th of May was spent covering that issue.

25 Correct?
 3

1 THE DEFENDANT: That's correct.

2 THE COURT: And was it not correct that I said I

3 would give you as much time as you needed to be able to await

4 the return of your family --

5 THE DEFENDANT: Right.

6 THE COURT: -- so that you could discuss the issue of

7 attorney representation with members of your family or anyone

8 else you wanted to discuss it with. You've indicated that you

9 have not yet had an opportunity to talk to your father, he

10 just arrived?

11 THE DEFENDANT: Right. There was a delay --

12 THE COURT: Would you want more time? I'm willing to

13 give you more time to do that.

14 THE DEFENDANT: Well, I think you already know where

15 I stand, but --

16 THE COURT: No, I don't, that's why I'm asking these

17 questions.

18 THE DEFENDANT: Well, I would like to proceed today.

19 THE COURT: All right.

20 THE DEFENDANT: Okay?

21 THE COURT: You're going to proceed representing

22 yourself?

23 THE DEFENDANT: Yeah, as the authorized

24 representative. But I think you do recall we did file a

25 habeas corpus way back in February 17th of 2009.

 4

1 THE COURT: No, I don't recall a habeas corpus

2 petition. I do recall a motion by you seeking the names of

3 grand jurors.

4 THE DEFENDANT: We did an objection to the

5 proceedings, and no ratification of commencement, the writ of

6 habeas corpus, petition to dismiss with prejudice. Pursuant

7 to Rule 17, every action shall be prosecuted in the name of

8 the real party in interest. Therefore, the United States,

9 Judge, U.S. Attorney's office in the Western District of New

10 York is not a real party of interest; they haven't been since

11 March 9, 1933, with Franklin D. Roosevelt signing the

12 Emergency Bank Act that I sent to you.

13 THE COURT: Right, but the party in all three

14 indictments is the United States of America, not the United

15 States Attorney.

16 THE DEFENDANT: That's exactly what I'm trying to

17 say. Where's the power of attorney that they can represent

18 the United States of America? Where is it?

19 THE COURT: It's under the executive law of the

20 United States.

21 THE DEFENDANT: Well, Judge --

22 THE COURT: The Attorney General's office.

23 THE DEFENDANT: Right. I just want to make a record,

24 that's all.

25 THE COURT: All right. You're making a record, I

 5

1 understand.

2 THE DEFENDANT: The United States of America --

3 THE COURT: Is a sovereign nation.

4 THE DEFENDANT: Apparently --

5 THE COURT: And as part of its responsibilities and

6 duties, it has the right to, through the executive branch of

7 Government, to charge individuals who are deemed to have

8 violated the laws of the United States, in a criminal

9 prosecution. And under the Constitution of the United States,

10 if the crime charged is going to be a felony, the person to be

11 charged has a right to have a grand jury consider whether such

12 an indictment should be returned. In these three cases,

13 08-CR-54, 09-CR-121 and 09-CR-141, a grand jury did vote to

14 return each one of those indictments, in the name of the

15 United States of America.

16 THE DEFENDANT: Judge, I would like to ask Mr. Bruce

17 and you if they can certify the charges in the record under

18 the commercial liability of the United States Attorney's

19 office in the Western District of New York.

20 THE COURT: Well, there's no need to do that, because

21 as I indicated to you on May 6th, I took the report, the

22 partial report of the grand jury that returned the indictments

23 in 09-CR-121 and 09-CR-141, and I reviewed the report of the

24 grand jurors, setting forth the number of grand jurors

25 concurring in the return of the indictment by vote, and I

 6

1 found on the record, and a record was made, that the

2 appropriate number of grand jurors had voted for the return of

3 the grand jury -- I mean for the return of the indictment,

4 and, therefore, I accepted their report. And then I reviewed

5 the indictment itself, and I found and stated so on the record

6 that the -- each indictment in those two cases had been

7 properly signed on behalf of the United States Attorney for

8 the Western District of New York, as well as having been

9 signed by the foreperson of the grand jury. So I received the

10 indictments as being valid indictments. Okay.

11 THE DEFENDANT: Okay. I did file --

12 THE COURT: And that same process was used in

13 08-CR-54.

14 THE DEFENDANT: Right. I have never seen any of

15 those, Judge, all I get --

16 THE COURT: No, you wouldn't see them when they would

17 be handed up by the grand jury, because you wouldn't even be

18 here. They were handed up in open court when the grand jury

19 made its report.

20 THE DEFENDANT: That's what the rules says, and you

21 have to -- you know, getting back to the indictment, if you

22 recall back in January 16th I was arrested and taken in, and

23 I've been incarcerated ever since then. And on January 16th

24 of 2009 --

25 THE COURT: That's when I revoked your bail and

 7

1 ordered the mental evaluation.

2 THE DEFENDANT: Right.

3 THE COURT: Right.

4 THE DEFENDANT: And there was a search warrant, an

5 arrest warrant --

6 THE COURT: Which was then the result in indictment

7 09-CR-121 and 09-CR-141.

8 THE DEFENDANT: And it says arrest warrant was

9 returned executed on -- looks like 2/9/2009. It was returned.

10 But the thing that my research has uncovered is that

11 you're supposed to have an indictment first, before you go out

12 and do a raid at somebody's house and an arrest warrant.

13 THE COURT: No, you don't need an indictment for a

14 search warrant. For a search warrant all you need is an

15 affidavit, and the affiant making the affidavit is putting

16 forth under oath sufficient information for the Magistrate

17 Judge to determine whether there was probable cause for the

18 issuance of a search warrant, so as to comply with the

19 requirements of the Fourth Amendment of the United States

20 Constitution. And that was done, that was presented, and I

21 found that there was sufficient probable cause established by

22 the agent, who was under oath and who had signed the affidavit

23 in my presence, to whom I had administered the oath, and I

24 found that there was probable cause for the issuance of the

25 search warrant.
 8

1 The search warrant was then executed in January for the

2 search of the premises, which resulted in then the seizure of

3 certain merchandise and personal property, which became the

4 basis for the indictment in 09-CR-121, wherein and whereby it

5 is alleged -- but you are presumed innocent -- but it is

6 alleged that you used fictitious credit documents and

7 information in order to make certain purchases at Best Buy.

8 But you don't need an indictment in order to have a search

9 warrant.

10 THE DEFENDANT: I'm not arguing with you, I just want

11 it on the record.

12 THE COURT: No, I know you're not arguing, I'm not

13 interpreting it as you arguing with me, but we're both making

14 a record as to what's happening.

15 THE DEFENDANT: It's my belief that -- and my

16 research is that I've, again, over and over and over again

17 have repeated several times in my paperwork that I'm not a

18 U.S. citizen. And -- but I am from the United States of

19 America. And I did that affidavit, which I do have here. And

20 I don't even know if you guys even read any of my paperwork,

21 but it's right here, affidavit of corporate denial.

22 THE COURT: I have read the stuff you have submitted

23 to me. But I have to ask you this, but you do not have to

24 answer. You say you're not a citizen of the United States.

25 You have to be a citizen of some place, so where do you claim

 9

1 to be a citizen of?

2 THE DEFENDANT: Well, from the sovereign nation of

3 the United States of America.

4 THE COURT: So then you are a citizen.

5 THE DEFENDANT: Judge, another thing, too, is that I

6 believe this whole thing stems from me sending my paperwork to

7 the wrong address. I sent it to, I believe, Boston,

8 Massachusetts, which my research shows it was supposed to be

9 sent to the Department of State in Washington, D.C. And I'm

10 not here to argue, I just want to put in on the record, it's a

11 green passport that the United States of America is the

12 Department of State, of the U.S. in Washington, D.C., and you

13 have to get an appointment to go down there and actually get

14 the -- it's a green passport. Are you familiar with that?

15 THE COURT: No.

16 THE DEFENDANT: Okay. You can probably Google search

17 it. And you can make an appointment, and it's the United

18 States of America passport, it's a green one.

19 MR. BRUCE: There's a blue one, a red one and a black

20 one. Period, the end.

21 THE DEFENDANT: Can Mr. Bruce tell me what the black

22 one is?

23 MR. BRUCE: Diplomatic.

24 THE DEFENDANT: And what's the red one?

25 MR. BRUCE: It's a Government -- it's for official

 10

1 use by U.S. Government employees.

2 THE DEFENDANT: Right, which I'm not a U.S. employee

3 at all, Judge.

4 THE COURT: I understand.

5 THE DEFENDANT: And I don't want to argue about this,

6 I just want to put it on record, I have a strong belief system

7 that there is a green passport. The information I have

8 uncovered and read, and I believe it's in Department of State,

9 and --

10 THE COURT: Let's assume that's true; I'm having a

11 hard time understanding what passports have to do with the

12 indictments in 09-CR-141 and 09-CR-121.

13 THE DEFENDANT: It gets back to jurisdiction.

14 THE COURT: Oh.

15 THE DEFENDANT: Which I objected on the record

16 several times, and I know, you know, am I correct on that? I

17 have objected on the record.

18 THE COURT: You've objected, yes, your objections

19 have been noted. I was just trying to figure out what the

20 passports had to do with the indictments.

21 THE DEFENDANT: And for me to sit here and argue

22 about the U.S. Code, when it really applies to the United

23 States employee, corporation, incorporated since 1871 by the

24 Crown of England, which is in here, the affidavit.

25 MR. BRUCE: Perhaps the Court would point out to

 11

1 Mr. Buczek the Federal Government, assuming the facts are in

2 order and the facts exist, has a right to charge any person

3 anywhere, whether he's a citizen, a noncitizen, a citizen of a

4 foreign country, if they violate the laws of the United

5 States, they can be brought before a court and prosecuted.

6 THE DEFENDANT: And I totally agree with that, Judge,

7 and that's why I've said before in my notice of appointment of

8 trustee, that the federal courts in the United States are

9 under international law. Otherwise, they would not be

10 prosecuting immigrants where I'm sitting at in Batavia right

11 now. And if we were under the Constitution, I would not be

12 sitting here talking to you right now. That's my belief.

13 THE COURT: You're entitled to your belief.

14 THE DEFENDANT: All right.

15 MR. BRUCE: Can we proceed with the hearing, Judge?

16 THE COURT: Yes. But let me finish with Mr. Buczek.

17 I want to make sure all of his rights are being effectuated.

18 You're now wishing to go forward representing yourself,

19 Mr. Buczek?

20 THE DEFENDANT: Yes, Judge, I -- again, Mr. Bruce

21 wasn't here on Wednesday and Thursday.

22 THE COURT: May 6th and May 7th. Or May 6th.

23 THE DEFENDANT: Yeah, it was May 6th, 2009 and May 7

24 of 2009, concerning the two violations. And I just want to

25 make the Court aware that the issue with the HSBC thing, when
 12

1 I got violated for that, which blew me away, I couldn't

2 believe that Mr. Bruce actually filed that indictment, it was

3 just incredible. But I want to make the Court aware that the

4 negotiable instrument was recorded at the County Courthouse,

5 sent registered mail.

6 THE COURT: I don't want you to be making statements

7 about the substance of the case, at least until we totally

8 resolve the attorney representation, because I don't want you

9 to incriminate yourself.

10 THE DEFENDANT: I'm not. I just --

11 THE COURT: I know, but we're here for a detention

12 hearing.

13 THE DEFENDANT: All right.

14 THE COURT: So be careful what you say as far as

15 things that you did.

16 THE DEFENDANT: All right.

17 THE COURT: Mr. Bruce?

18 MR. BRUCE: Frankly, Judge, I think we're both for a

19 revocation and a detention hearing.

20 THE COURT: Well, the revocation under 08-CR-54.

21 MR. BRUCE: Correct. And that's where I first want

22 to go. The revocation, Judge, comes before --

23 (Brief interruption in proceedings.)

24 THE COURT: All right.

25 MR. BRUCE: The revocation comes before this Court

 13

1 pursuant to Section 3148 of Title 18. And as the Court well

2 knows, once there is a finding of probable cause to believe

3 that the person committed a, in this case, federal crime while

4 on release, and there is a presumption in that particular

5 situation that there are no conditions or combination of

6 conditions of release -- Well, there is, of course, in this

7 case under 3148 -- Hold on a second. I'm sorry. If there's

8 probable cause to believe that while on release the person

9 committed, in this case, a federal felony, a rebuttable

10 presumption arises that no condition or combination of

11 conditions will assure that the person will not pose a danger

12 to the safety of any other person or the community.

13 Mr. Buczek was released on the 08-CR-54 back last spring,

14 late last spring. Since then, the grand jury has chosen to

15 return two indictments since then. Those indictments are the

16 final answer or the final proof that there is probable cause

17 to believe that he committed the crimes that are charged

18 within those indictments while on release. So the Government

19 submits that it is entitled to the presumption.

20 With respect to indictment 09-CR-141S, the Court will

21 recall that -- I'll have to get the date here -- that on

22 September 5 of last year, after it was brought to the Court's

23 attention that the defendant was indeed doing what appeared to

24 be harassing things with respect to the Internal Revenue

25 Service while he was out on bail, the Court entered an order

 14

1 at the Government's request, ordering the defendant not to

2 have any contact whatsoever with the Internal Revenue Service,

3 unless that contact dealt specifically with his own tax

4 returns or his own tax liability.

5 The defendant, thereafter, beginning in late December of

6 last year and going into January of this year, sent nine

7 separate packages of basically junk to the Internal Revenue

8 Service, espousing the -- some of the very views that he's

9 espoused before this Court, I submit, in direct violation of

10 that.

11 THE COURT: Did that necessitate going to a grand

12 jury? Isn't it just as easy to say he's in violation of a

13 term and condition of bail, and let's address it in that

14 proceeding, rather than spending taxpayers' money calling a

15 grand jury in and having a grand jury vote on an indictment?

16 MR. BRUCE: Judge, it is a contempt of court, and the

17 Government chose to proceed in that manner.

18 THE COURT: It's a contempt of court if the Court

19 deems it to be such. But that could be addressed in an

20 application by the Government to revoke the bail, based on the

21 alleged violation of a term and condition. I'm finding it

22 quite difficult, quite frankly, to understand the necessity to

23 go to a grand jury, bringing in the grand jurors at taxpayer

24 expense for this kind of a charge.

25 MR. BRUCE: Well, it was our office's decision to

 15

1 proceed that way.

2 THE COURT: And I'm not the only one that views it

3 that way.

4 MR. BRUCE: Well, in any event, you'll also recall,

5 Judge, that while Mr. Buczek was under indictment in the

6 original indictment, the Government filed a motion to revoke

7 his release, based on his -- the situation where he was

8 putting together these checks that were based on Depository

9 Trust and Clearing Corporation, attempting to use those checks

10 to buy such things as precious metals, stones -- precious

11 stones, I should say -- attempting to use those checks to pay

12 off debts and judgments that were brought against him. And we

13 ran a hearing, or at least we ran a part of a hearing with

14 respect to that. We brought in the individual from Depository

15 Trust and Clearing Corporation.

16 Mr. Buczek apparently had this idea that he had some sort

17 of an account at Depository Trust and Clearing Corporation.

18 And the Court will recall Mr. May testified very

19 straightforward that, in fact, the Depository Trust and

20 Clearing Corporation does not deal with individuals.

21 Mr. Buczek does not have an account at Depository Trust and

22 Clearing Corporation. And that the checks that he had written

23 on the Depository Trust and Clearing Corporation were written

24 on a nonexistent account. And, in fact, the Depository Trust

25 and Clearing Corporation did not deal with the general public.
 16

1 Mr. Buczek left this courtroom, after hearing that very

2 testimony, he then did the various things that he did that got

3 him indicted in 09-CR-121S.

4 But the core of what he did in 09-CR-121S is he used that

5 HSBC direct check method, which you could use by calling HSBC,

6 giving HSBC the routing number of your bank, and giving HSBC

7 the account number of your account at that bank. And I asked

8 the Court to put that in the context of Mr. May's testimony,

9 given while Mr. Buczek was here in this room, here in this

10 courtroom, where he said he doesn't have an account, and never

11 did have an account there. Yet Mr. Buczek, after hearing

12 that, goes back to HSBC, provides HSBC with a routing number

13 for Depository Trust and Clearing Corporation, which is a

14 valid routing number, but at the same time, provides them with

15 an account number at a bank where he sat here and listened to

16 a witness say he doesn't have an account there, under no

17 circumstances could he have an account there.

18 He then --

19 THE COURT: Are you saying he doesn't have the right

20 to disagree with the witness?

21 MR. BRUCE: I have --

22 THE COURT: Just because the witness says it, doesn't

23 mean that he has to accept it.

24 MR. BRUCE: Mr. Buczek doesn't have to accept it?

25 THE COURT: Right.

 17

1 MR. BRUCE: What I'm saying is it creates a state of

2 mind on his part, Judge.

3 THE COURT: But you're presuming he's bound by what

4 the witness says. And my question to you is, just because the

5 witness says it's this way, does it mean he's obligated,

6 Mr. Buczek is obligated to accept that as being fact?

7 MR. BRUCE: What I'm saying, Judge, it puts him on

8 notice that he has no account there.

9 THE COURT: Well, you're saying he can't contest

10 that. If the witness says he has no account, and Mr. Buczek

11 says I do have an account, why is Mr. Buczek bound by what the

12 witness says, if he believes he does have an account?

13 MR. BRUCE: If he does have an account, the

14 indictment is probable cause to believe that he didn't have --

15 THE COURT: Probable cause. We're not here to

16 determine the issue of guilt. All I'm taking issue with is

17 your premise, that doesn't follow, that just because a witness

18 testified in the proceeding that Mr. Buczek allegedly did not

19 have an account, then Mr. Buczek is automatically barred from

20 saying he has an account.

21 MR. BRUCE: He's put on notice, Judge.

22 THE COURT: He's put on notice by a witness, but he's

23 not obligated to accept what the witness says, is he?

24 MR. BRUCE: He's not obligated to accept it.

25 THE COURT: So then why does it mean anything to say

 18

1 he's put on notice? He disagrees with what the witness says.

2 MR. BRUCE: Well, his disagreement is, in itself, a

3 fraud, because he didn't have --

4 THE COURT: Well, wait a minute. You're

5 automatically saying because a witness testified to fact A,

6 that fact A is now established and cannot be contested.

7 MR. BRUCE: I'm not saying that.

8 THE COURT: Then he has a right to contest what the

9 witness says.

10 MR. BRUCE: But he doesn't have a right to contest

11 the fact that he was put on notice.

12 THE COURT: He's put on notice about something he

13 doesn't agree with. How does that put you on notice? It just

14 means somebody said something, but I don't agree with it.

15 What am I put on notice of? That somebody said something, but

16 that doesn't mean it's a fact.

17 MR. BRUCE: Well, Judge, I'm not going to go down

18 this road any further, I --

19 THE COURT: All I'm saying to you is that your logic

20 is not sound.

21 MR. BRUCE: I think if a jury in a courtroom heard

22 what Mr. May testified --

23 THE COURT: We're not here for a jury trial, we're

24 here for me to determine whether there are any terms or

25 conditions that I can impose on Mr. Buczek that would entitle

 19

1 him to be released on bail.

2 MR. BRUCE: Well, the Court chose to release

3 Mr. Buczek on bail, the Court chose to run a part of a

4 detention hearing, and leave him out and not finish the

5 detention hearing; and what did he do, he committed at least

6 what the grand jury has determined are two crimes.

7 THE COURT: I don't understand that last statement.

8 What do you mean I didn't finish the detention hearing?

9 MR. BRUCE: You ran the detention hearing up to a

10 point, with respect to Depository Clearing Corporation. You

11 recall Mr. Buczek at that point had an attorney, it was a

12 falling out --

13 THE COURT: That was Mr. Altman, then he discharged

14 his attorney.

15 MR. BRUCE: Discharged Mr. Altman.

16 THE COURT: Then things got held in abeyance until we

17 could resolve the attorney representation issue.

18 MR. BRUCE: In the meantime, he went out and

19 committed not one, but two crimes.

20 THE DEFENDANT: Allegedly.

21 THE COURT: At that time there was the -- a motion

22 then to revoke his bail. And I was concerned about the mental

23 status of Mr. Buczek, and so I revoked the bail solely for the

24 purpose of sending him for a mental evaluation.

25 MR. BRUCE: I understand that.

 20

1 THE COURT: So don't make it sound like I somehow

2 abandoned the detention hearing or didn't finish it.

3 MR. BRUCE: Judge, could I give a slightly different

4 timeline to that? You recall we ran the hearing to a point.

5 There was a problem between Mr. Buczek and Mr. Altman. At

6 that point Mr. Altman was discharged, and we didn't pick up

7 the hearing. The Court didn't become concerned with

8 Mr. Buczek's mental state until the point in time when we

9 filed the affidavit in support of the search warrant, and the

10 bail was revoked based on -- at least temporarily, based upon

11 the Best Buy situation, if you will. So there was a period of

12 time when literally not a lot was happening.

13 And then there came a point in time in I believe January

14 of this year, when we got into the fact that he had gone to

15 Best Buy and done what he's accused of doing in 121S.

16 But in that period of time when we, if you will, stopped

17 having the hearing, Mr. Buczek did what he did, and what he's

18 accused of with respect to 121S. And in that same period of

19 time he did what he did and what he's accused of in 141S. So

20 he's committed two crimes in that period of time when

21 Mr. Buczek was trying to resolve his attorney situation.

22 THE COURT: All right, let me interrupt. My notes

23 indicate that on September 2nd, 2008, you were present, as was

24 Mr. Altman, Mr. Buczek's retained attorney. And the purpose

25 of that proceeding on that date was the bail revocation

 21

1 hearing. And then on October 10th, 2008, we held a hearing to

2 determine the status of Mr. Altman as to whether he was going

3 to continue as the attorney for Mr. Buczek. And therefore, I

4 held the motion of the Government to detain in abeyance. And

5 I gave the defendant one week to resolve the issue of attorney

6 representation, and I scheduled a status report for

7 October 20th, 2008.

8 On October 21st, 2008, we had a proceeding and I had a

9 long dissertation with Mr. Buczek about attorney

10 representation and about him representing himself, and at that

11 time was advised that there were going to be plea negotiations

12 or plea negotiations had been conducted with the Government.

13 And then I allowed the defendant to terminate his attorney,

14 Mr. Altman. And I issued a text order for the defendant to

15 file a response to the plea offer that had been made, and that

16 was to be done by November 7, 2008, because I had been told

17 there had been a plea offer. And that he was to respond in

18 writing. And that thereafter, the Government was to respond

19 by November 14th. And then if there was to be a reply by the

20 defendant, that reply was to be made by November the 21st. I

21 then scheduled a status conference for November 25th, 2008.

22 On November 25th, 2008, we held the status report, and it

23 was a established that Mr. Buczek had not responded to the

24 Government's plea offer. And then after a long dissertation

25 about what Mr. Buczek was intending to do, I directed both the
 22

1 defendant and you, Mr. Bruce, to immediately go upstairs to

2 Judge Skretny for purposes of getting a trial date.

3 On January 16th we resumed the proceedings on the

4 Government's motion to revoke the bail. And after I had the

5 long colloquy with Mr. Buczek, and when Mr. Buczek was making

6 the statements about the alleged account and the person down

7 in Texas, I, sua sponte, after hearing his statements,

8 adjourned the proceedings. And I revoked the bail solely so

9 as to order a mental evaluation pursuant to Title 18 of the

10 United States Code Section 4241(b).

11 Thereafter, Mr. Buczek was transported to the Federal

12 Medical Center at Devens, for purposes of being evaluated. We

13 ultimately got the evaluation report, and I scheduled the

14 matter for May 6th, 2009.

15 MR. BRUCE: But you'll note, Judge --

16 THE COURT: In the meantime, the Government then

17 sought a second indictment, 09-CR-121, and I arraigned

18 Mr. Buczek on that indictment on May 6th. And then on

19 May 7th the Government obtained a third indictment, and I

20 arraigned Mr. Buczek on that third indictment. And we had the

21 long discussions again about attorney representation, and then

22 trying to resolve not only that issue, but what we were going

23 to do on all three cases in the context of bail, which brings

24 us here today.

25 MR. BRUCE: If you recall, Judge, on the -- I believe

 23

1 it was January 16th, what brought Mr. Buczek before the Court

2 was the warrant that was issued, actually I believe by Judge

3 McCarthy, based on the facts that finally wound up in 121S.

4 THE COURT: That's what I said --

5 MR. BRUCE: And --

6 THE COURT: -- earlier. That 09-CR-121 is the

7 subject matter of the search warrant that had been issued for

8 purposes of finding the alleged materials purchased from Best

9 Buy.

10 MR. BRUCE: But that also resulted in his arrest and

11 his being brought before the Court on that date.

12 THE COURT: And that's when we had the long

13 dissertation about the accounts and so forth, and I ordered

14 the mental evaluation.

15 MR. BRUCE: Correct. So there was nothing with

16 respect to a mental evaluation between the end of the

17 proceedings in the previous fall, and the proceedings in 121.

18 THE COURT: No, the whole thing at that point was all

19 about attorney representation, because he was terminating

20 Mr. Altman.

21 MR. BRUCE: And the plea.

22 THE COURT: And there supposedly was going to be a

23 plea. Which I just got through iterating.

24 MR. BRUCE: And what I'm trying to point out, Judge,

25 it was in that window that Mr. Buczek allegedly did the things
 24

1 that wound up in 121S and 141S. That's what we're relying on

2 and submitting to the Court, because there is probable cause

3 to believe, now there's a rebuttable presumption, I don't know

4 what else I can say. So I yield the floor to Mr. Buczek.

5 THE COURT: Mr. Buczek, you have a right to be heard.

6 But before you speak, I want you to be very careful about what

7 you say, because I don't want you to be making statements

8 about things that you did, that could be used as incriminating

9 statements against you.

10 What we're here for today is to determine whether the

11 Government's motion to have you detained, that is, locked up

12 while this matter and the matters in the other two indictments

13 are pending, or, whether you have sufficient information for

14 me to consider that would cause me to conclude that there are

15 terms and conditions that I could impose on you that would

16 authorize your release on bail with those terms and

17 conditions. So --

18 THE DEFENDANT: Judge --

19 THE COURT: -- try and stay focused on that.

20 THE DEFENDANT: I will. I seem to go off on tangents

21 sometimes.

22 THE COURT: I'm not criticizing you, I just don't

23 want you to incriminate yourself.

24 THE DEFENDANT: All right. Well, getting back to my

25 psych report, and I won't read anything in the record because

 25

1 I know it's private, right?

2 THE COURT: As soon as you say it, it's going to be

3 in the record, because it's being recorded. But we're not

4 here on the psych report.

5 THE DEFENDANT: I know.

6 THE COURT: Other than you have been found competent

7 to stand trial, so we don't need to say anything more about

8 the psych report.

9 THE DEFENDANT: I understand that. But, getting back

10 to what we were talking about earlier about me not responding

11 to the plea deal on November 7.

12 THE COURT: I was just saying that for making a

13 record as to the history of this case.

14 THE DEFENDANT: Right, I know, but I just want to

15 make a quick little comment before I just make my final

16 statement.

17 THE COURT: All right.

18 THE DEFENDANT: I did, again, did a post settlement

19 closure pursuant to public policy. And, you know, this goes

20 back to page six of ten of the psych report, talking about the

21 redemption process, going back to the Bankruptcy of 1933. And

22 I'll leave it as that.

23 THE COURT: All right.

24 THE DEFENDANT: Okay? Because it's all in the

25 report. And I strongly believe this is true, and I won't say

 26

1 too much more about that. But getting back to -- 27 CFR

2 (inaudible), Mr. Bruce did send me a letter stating that I

3 misinterpreted 27 CFR (inaudible), and if it's okay with you,

4 I don't know -- if you get some time tonight or whenever you

5 can review it, it clearly states everything I'm saying in the

6 public policy. That close and settle the account. In my

7 mind, this case is closed. So, therefore, these two

8 indictments that Mr. Bruce -- or violations, I think they're

9 called, gave to me, are void. Void -- I think it's called

10 void ab initio.

11 And getting to my -- back to my conditions of release and

12 my character, I mean, everything is in the report, you've read

13 it. There's some issues that I don't agree with, but -- and

14 you know, most of it's pretty accurate. But, you know, I have

15 great character, excellent physical condition. You can refer

16 back to the report on that. I've got, you know, a great job

17 with my family business.

18 As you know, Judge, I've been very (inaudible), I

19 graduated from Orchard Park High School, I'm sure you read

20 that, and then I went to Erie Community College in Orchard

21 Park. And I played football and wrestled in Orchard Park, and

22 I had a great coach, Coach Alvin and Gene (inaudible), those

23 were my coaches back in the days, those -- that's when the

24 days used to be fun, you know, those are the good old days.

25 And I ended up going to the University of Brockport, just

 27

1 outside of Rochester, New York, and I finished up in 1995.

2 Now, the reason why I mention that, because it goes back

3 to the bail, is that I have, you know, great, you know, I've a

4 pretty good character and great family ties, and obviously my

5 mental condition is fine. I might study things that are odd.

6 And I have no intent to deceive or defraud anybody. I have a

7 belief system. And I'm being harshly attacked on my belief

8 system.

9 I have never injured anybody. I'm definitely not a harm

10 to the community. If anything, I'm an asset to the community,

11 because I try to help people with their credit reports and how

12 to get negative items taken off. And I've always had a strong

13 belief, ever since I've been opened up to the truth when I

14 read a book called the Creature from(inaudible) Federal

15 Reserve System, and Modern Money Mechanics and publications

16 printed by the Federal Reserve. Page (inaudible) Mechanics

17 clearly states that the American people, that banks borrowed

18 money from the American people from the trust, and that's why

19 I brought that up on January 16th, which I probably shouldn't

20 have said at the time.

21 So I mean, I just want, see, you know, I mean, I've

22 complied with everything. I don't know what else I can do.

23 And getting back to the psych report, under (inaudible)

24 1933, that's where my belief system comes from. I read a lot

25 of congressional records that I get from the archives in

 28

1 Washington. And I just, if anything, I should be guilty of

2 passion.

3 But I'm definitely not a harm to the community. And I

4 strongly believe that I'm way beyond innocent; I'm trying to

5 help people. If I can help people discharge the borders, when

6 people found out that the truth that the banks don't loan any

7 money, they loan credit, and I'm sure you're aware of all

8 this, I look at myself as a very important person in the

9 community in helping people. And I can go on for an hour, but

10 I'll just leave it as that.

11 THE COURT: Is there a computer -- You're residing

12 with your parents?

13 THE DEFENDANT: Yes, Your Honor.

14 THE COURT: Is there a computer there?

15 THE DEFENDANT: Yes, Judge.

16 THE COURT: If you were released, is that where you

17 would be residing?

18 THE DEFENDANT: Yes, absolutely.

19 THE COURT: And are you still going to give thought

20 to hiring an attorney?

21 THE DEFENDANT: Absolutely.

22 THE COURT: Or asking the Court to assign an

23 attorney?

24 THE DEFENDANT: Yeah, absolutely. That's why I need

25 to -- I was hoping to get home as quickly as possible after

 29

1 this psych review, but, you know, I've been in for 120 days,

2 exactly four months today. And -- but, you know, I don't want

3 to argue or anything, but you know, I said before last week

4 that I believe this is -- it's my opinion that this is just --

5 I don't know how to say it in a diplomatic way, but I think

6 this is harsh treatment by the U.S. Attorney's office. And

7 the only reason why I didn't take the plea, is even though I

8 believe I'm innocent, but, you know, the Government has a lot

9 of weapons that I can't sometimes bat down. And I was willing

10 to take the plea, but I cannot take a felony, because I

11 travel. I go to Toronto, I have friends in Toronto, and I

12 travel internationally sometimes if I, you know, I like to

13 travel. And that would end my life as I know it, from

14 traveling. And I don't want to take that. Even though I

15 might be innocent, I might be innocent, and I have a belief

16 that I am a sovereign, I might believe I am a creditor to

17 bankruptcy, but for me to do that would end a lot of things

18 from here until I expire.

19 THE COURT: Well, not till you expire, because --

20 THE DEFENDANT: Until I die.

21 THE COURT: No, these cases are going to be resolved,

22 hopefully within very short period of time, and certainly in

23 keeping with the Speedy Trial Act requirements.

24 All right. I have considered all of the circumstances as

25 they relate to and are involved with 08-CR-54, 09-CR-121 and

 30

1 09-CR-141, and I'm going to release Mr. Buczek on bail in all

2 three of those cases, subject to the following terms and

3 conditions.

4 You are to sign a bond in the amount of $10,000. And it

5 is to be cosigned by a responsible surety. And that can be

6 your father or your mother or anybody else. But they have to

7 also understand and recognize that they are committing

8 themselves to be in financial risk to the extent of $10,000.

9 You are hereby confined to your place of residence, and

10 subject to electronic monitoring. You are not to leave. You

11 will be under home incarceration. You are not to communicate,

12 other than communications in your role as a defendant. And if

13 you are continuing to represent yourself in 08-CR-54,

14 09-CR-121, 09-CR-141, with the U.S. Attorney's office solely

15 for the purpose of either filing motions or responding to

16 motions, and making the appropriate filings of motions in the

17 United States Clerk's office. The Clerk of the Court. Other

18 than in that limited legal context of addressing legal issues,

19 either by way of motions or responding to motions or pleadings

20 or briefs, memoranda of law in those three cases, 08-CR-54,

21 09-CR-121, 09-CR-141. Other than that, you are not to have

22 communications in writing or otherwise, electronically or in

23 any other format with any branches of Government. Or with the

24 Court. Do you understand?

25 THE DEFENDANT: That means I can't send you any

 31

1 letters?

2 THE COURT: Right.

3 THE DEFENDANT: Right.

4 THE COURT: You send whatever you're going to send in

5 the form of legal pleadings or legal responses to the Clerk of

6 the Court.

7 THE DEFENDANT: Okay.

8 THE COURT: And to Mr. Bruce as the attorney for the

9 Government. Whatever is filed with the clerk, I will

10 automatically get.

11 THE DEFENDANT: Okay.

12 THE COURT: I don't need direct filings or

13 communications from you.

14 THE DEFENDANT: Okay.

15 THE COURT: But I'm limiting --

16 MR. BRUCE: We don't either.

17 THE COURT: Well, he has to serve you. If he doesn't

18 file electronically, he has to serve you.

19 MR. BRUCE: But the Clerk's office serves us.

20 THE COURT: They do?

21 MR. BRUCE: They do.

22 THE COURT: Do they scan what comes in?

23 MR. BRUCE: They scan what comes in, and we get it

24 through ECF.

25 THE COURT: Then you don't have to communicate

 32

1 directly with Mr. Bruce, either. All you have to do is file

2 whatever it is that you're doing with the Clerk's office. And

3 then according to Mr. Bruce, the Clerk will scan whatever you

4 file in hard copy, and he will get it electronically.

5 THE DEFENDANT: Okay.

6 THE COURT: Mr. Bruce will file whatever he's going

7 to file electronically. And that will have to be transmitted

8 to you in hard copy. Unless you have an attorney. If you get

9 an attorney, then your attorney will also then be able to

10 communicate both in filing and in receiving electronically.

11 Do you understand?

12 THE DEFENDANT: Yes, sir.

13 THE COURT: But you are not to leave the house, you

14 are not to communicate in any other fashion with any agency or

15 agents of the Government other than what I've just described.

16 THE DEFENDANT: Okay.

17 THE COURT: Do you understand?

18 THE DEFENDANT: Yes, Judge, is there any way I can

19 get out of my house to go file documents after -- how would

20 I --

21 THE COURT: You could file the documents by mail.

22 THE DEFENDANT: By mail?

23 THE COURT: Yes.

24 THE DEFENDANT: And so --

25 THE COURT: And where you reside, you just put them
 33

1 to the -- the letter in your mailbox and it will be filed, or

2 your parents can file it for you.

3 THE DEFENDANT: All right.

4 THE COURT: But all the more reason why I would

5 rather have you have an attorney. That would simplify a lot

6 of things.

7 THE DEFENDANT: And I -- I'm vowing to go down that

8 avenue. I really thought that this case was closed and

9 settled pursuant to public policy.

10 THE COURT: It's not going to. I can tell you that.

11 THE DEFENDANT: I can see that. But I don't -- maybe

12 there's no merits in that or maybe --

13 THE COURT: Well, that's why --

14 THE DEFENDANT: I don't know how to enforce this.

15 THE COURT: That's why I keep telling you, you'd be

16 better off getting an attorney, and a lot of this stuff we

17 could cut through and --

18 THE DEFENDANT: Right.

19 THE COURT: -- hopefully get all the issues resolved

20 in all three cases. And it would be to your benefit, I think,

21 to have an attorney. But Wednesday, again, as I've indicated

22 to you time and time again, under the Constitution of the

23 United States you have the right to represent yourself.

24 THE DEFENDANT: Okay.

25 THE COURT: Since there's home incarceration,

 34

1 Mr. Kawski, is there any need to impose any other conditions?

2 PROBATION OFFICER: No, Your Honor. We do need to

3 make sure there is a land line phone.

4 THE COURT: Before you're released, Mr. Buczek, one,

5 you have to supply the probation office and the Court with the

6 address where you'll be residing. And as I understand, it's

7 your parents' residence. And the probation office has to have

8 sufficient time in which to check out that residence to make

9 sure that there is a land line telephone that is acceptable

10 for purposes of installing the electronic monitoring system.

11 And once that system is installed, you will be released after

12 any additional processing, by either the U.S. Marshal Service

13 and/or the U.S. probation office.

14 And the execution of -- and I want separate bonds in each

15 case. In other words, a bond in the sum of $10,000 in

16 08-CR-54, 09-CR-121 and 09-CR-141. The total financial

17 exposure will be $10,000. But in the event that one of the

18 indictments or two of the indictments should be dismissed or

19 something happened to them, we'll still have a bond in

20 whatever remains. And that's why I'm indicating three

21 separate bonds. Once those have been executed, once the

22 probation office has determined the feasibility for electronic

23 monitoring, and once any additional processing has been

24 completed, you will be released under those terms and

25 conditions that I've stated to you, Mr. Buczek. But now, once
 35

1 again, listen very carefully. If you should violate any one

2 of the terms and conditions I've imposed, that can result in

3 your bail being revoked and your being locked up and kept

4 locked up until these three cases have been resolved. Do you

5 understand?

6 THE DEFENDANT: Yes, Judge, but when you say home

7 confinement, does that mean like I don't --

8 THE COURT: Means you can't leave the house at all.

9 THE DEFENDANT: All right.

10 THE COURT: Home incarceration.

11 THE DEFENDANT: Um --

12 THE COURT: You can't leave the house at all. You

13 will be wearing an ankle bracelet.

14 THE DEFENDANT: Okay.

15 THE COURT: And your physical whereabouts will be

16 electronically monitored. And if you leave the house, they

17 will know that immediately, and that will be a basis for

18 revoking your bail and locking you up.

19 THE DEFENDANT: What if I have to go out and take the

20 garbage out or --

21 THE COURT: There will be other people at the

22 residence that can do that, if you're residing with your

23 parents.

24 THE DEFENDANT: All right.

25 THE COURT: Because the zone of contact is a very

 36

1 limited one. And if you stray beyond that zone, that's going

2 to set off the alarm.

3 THE DEFENDANT: How many days will it be before I --

4 THE COURT: Probably -- today is Friday -- they

5 probably will need at least two days to get that checked out.

6 I suspect it won't be done and completed before Wednesday. Do

7 you understand?

8 THE DEFENDANT: Yeah. I understand.

9 THE COURT: Okay. Now, I want to schedule a status

10 report. And I'm going to give you time to get home, assuming

11 that everything is going to check out for purposes of

12 electronic monitoring, I want to give you time to get home and

13 then be able to consult with your parents and anybody else you

14 want to consult with, for purposes of resolving this attorney

15 representation issue. And if your decision is that there's

16 going to be the hiring of an attorney of your choice, then

17 arrangements can be made for that to occur. So I want to give

18 you a sufficient time within which to accomplish that, and

19 before I bring you back for a status report. And it would

20 seem to me that two weeks should certainly be more than enough

21 time to accomplish that.

22 THE DEFENDANT: Two weeks starting from the day I get

23 home, right?

24 THE COURT: Right.

25 THE DEFENDANT: So we don't know what day I'll be

 37

1 home at?

2 THE COURT: Well, I'm anticipating you'll be home by

3 the 20th of May.

4 THE DEFENDANT: And --

5 THE COURT: So if I schedule this for the 3rd of

6 June, you should certainly know by then whether you're going

7 to have an attorney.

8 THE DEFENDANT: I'll be in Batavia, so like how would

9 I know to have somebody pick me up; how would I know that?

10 THE COURT: Well, once the probation office has

11 determined that the residence qualifies, and I will sign the

12 terms and conditions of bail that you are to be released once

13 that determination has been made, the marshal's office will be

14 notified, and then arrangements can be made for you to be

15 transported.

16 THE DEFENDANT: So they're going drive me to my

17 house?

18 THE COURT: No, they won't drive you to your house.

19 The probation office will communicate with your family and

20 they will know --

21 THE DEFENDANT: All right.

22 THE COURT: -- what needs to be done. All right?

23 THE DEFENDANT: And we can get this case done quickly

24 then?

25 THE COURT: I have no guarantee. I can't guarantee

 38

1 you that, because that's going to be between you, and

2 hopefully an attorney you have, and the Government's attorney.

3 THE DEFENDANT: Because I really want to get this

4 case completed.

5 THE COURT: I'm sure you do.

6 THE DEFENDANT: This is like --

7 THE COURT: And that's why I'm trying to expedite

8 this. But you have to appreciate, Mr. Buczek, and I hope you

9 appreciate, I want you to get these cases done in compliance

10 with your constitutional rights being effectuated.

11 THE DEFENDANT: All right.

12 THE COURT: That's why I've spent all this time to

13 make sure that your constitutional rights have been

14 implemented and effectuated. Do you understand?

15 THE DEFENDANT: I understand, Judge.

16 THE COURT: All right. So let me just check my

17 calendar.

18 MR. BRUCE: Judge, I would move at this time, at

19 least for pretrial purposes, that the three cases be

20 consolidated.

21 THE COURT: I don't think I have that authority. I

22 think that's for the trial judge to whom this case has been

23 assigned. That would be Judge Skretny.

24 MR. BRUCE: Can we move them together even if they're

25 not consolidated?
 39

1 THE COURT: I'm handling everything as it comes

2 before me as though they're consolidated, but as far as actual

3 consolidation for purposes of trial --

4 MR. BRUCE: That's not what I'm asking for.

5 THE COURT: No, I'm going to put all three down.

6 MR. BRUCE: Right, but I'd ask for pretrial purposes

7 they be consolidated. For trial purposes they may go off in

8 different directions.

9 THE COURT: As far as motions and so forth are

10 concerned, I'm going to want motions separately in each file,

11 and responses separately for each file. But whenever we have

12 anything in this Court, it will be all three cases.

13 MR. BRUCE: That's what I'm looking for.

14 THE COURT: No, that will be done.

15 I'm going to set it down for June 3rd, 2009, at 10:30.

16 Now, this time between now and -- May 15th and June 3rd, 2009,

17 Mr. Buczek, is to be used by you in discussing the question of

18 attorney representation with your family, and to make a

19 decision as to whether you're going to be able to hire an

20 attorney of your choice, or whether you're going to ask the

21 Court to assign an attorney to represent you in each one of

22 these cases, to wit, 08-CR-54, 09-CR-121, 09-CR-141, because

23 of your financial circumstances, or, if you are going to

24 represent yourself in each one of those cases. And that is

25 going to be resolved by you between now and June 3rd, 2009.

 40

1 And because that is the purpose for this adjournment and

2 for the use of that time, it is the finding of this Court, sua

3 sponte, that the time between now and June 3rd, 2009, will, in

4 fact, be utilized in such a way so as to operate and enure to

5 your benefit, Mr. Buczek, and to operate in the interests of

6 justice in this case, in that this time is -- so that you can

7 effectuate your constitutional right in each case to either

8 have an attorney of your choice in each case, or to ask the

9 Court to assign counsel to represent you in each case because

10 you cannot afford to hire an attorney, or to exercise your

11 constitutional right to represent yourself in each case. And

12 those are constitutional rights which outweigh the public's

13 right or interest to a speedy trial or disposition in each one

14 of those three cases.

15 And because of that, the time is justifiably and validly

16 excluded, and is hereby so excluded pursuant to and in

17 accordance with the provisions contained in Title 18 of the

18 United States Code Section 3167, 3161(h)(7)(B)(4). And, Mr.

19 Bruce, will you provide separate orders of exclusion for each

20 case to that effect, please.

21 MR. BRUCE: Will do.

22 THE COURT: In the meantime, the defendant is

23 remanded to the custody of the U.S. Marshal Service until such

24 time as the probation office has determined that his place of

25 residence is amenable to electronic monitoring, and the bond

 41

1 in the sum of $10,000, signed by the defendant and a

2 responsible surety has been executed.

3 THE DEFENDANT: Does that mean I have to give you

4 $10,000 in cash?

5 THE COURT: No, it means that you and whoever is

6 going to sign as a surety sign it, acknowledging that if the

7 terms and conditions of bail are violated, and that results in

8 your bail being forfeited, whoever signed will then be

9 personally liable for the sum of $10,000. And if your father

10 signs or your mother signs or anybody else signs, that person

11 could be held personally responsible. Then the Government

12 would have the right to take a judgment against whoever signed

13 the bond, you and the surety, and to then go after that person

14 or persons in enforcing that judgment by seizing any assets

15 owned by the persons who signed the bond, and sell those

16 assets at a public auction or a forced sale, and take the

17 proceeds of that sale, up to the extent of $10,000, and

18 deposit $10,000 in the Treasury of the United States, never to

19 be returned to the person or persons whose assets were seized

20 and sold. Do you understand?

21 And I note that your father is sitting in court. And I

22 assume, Mr. Buczek, Senior, you've heard what I've just said?

23 And let the record reflect that Mr. Buczek, Senior, shook his

24 head in the affirmative and also replied orally that he did.

25 All right?
 42

1 THE DEFENDANT: Thank you, Judge.

2 THE COURT: All right. So we will be back here on

3 June 3rd, hopefully with an attorney representing you,

4 Mr. Buczek.

5 THE DEFENDANT: Okay. So my dad just signs it and --

6 THE COURT: We can have the bond signed now, if your

7 father is going to be the one to sign, and then you can sign.

9 (Court adjourned at 3:07 p.m.)

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1 REPORTER'S CERTIFICATION

3 I, Debra L. Potocki, RMR, RDR, CRR, Official Court

4 Reporter for the United States District Court for the District

5 of South Carolina, hereby certify that the foregoing is a true

6 and correct transcript of the electronically recorded above

7 proceedings, to the best of my ability.

10
S/Debra L. Potocki
11 _______________________________

12 Debra L. Potocki, RMR, RDR, CRR

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