Shane Buczek Sentenced for Bank Fraud 1

SHANE BUCZEK SENTENCED FOR BANK FRAUD

Bob Hurt

Lawmen Group
 Shane Buczek Sentenced for Bank Fraud 2

Abstract

Shane Buczek, college graduate of age 40 and a resident of the Buffalo, New York area, began

studying “patriot technology” many years ago. He became convinced of crookedness in

government, American politics, the courts, and the American money system. He began

embracing false teachings of Patriot Myth Mongers, such as the theory that one may use a false

bonded promissory not to discharge credit debt. Shane tried it on debt for over $8,000. Federal

officers arrested him. The Buffalo United States District Court convicted him of bank fraud and

three lesser charges. On 5 November 2010, a federal judge sentenced Shane to prison and

restitution.
 Shane Buczek Sentenced for Bank Fraud 3

Shane Buczek Sentenced For Bank Fraud

This document explains the charges and sentence. It intentionally omits details which one

can find in the case documents. The final judgment report constitutes the primary source of this

data. One may find it at http://pacer.gov, Western District of New York, under the name Shane

C. Buczek.

Charge Summary

The following summary lists the charges and code sections Shane violated:

Title and Section Nature of Offense Offense Ended Count

18 U.S.C. §1028(a)(4) Possession of a False Identification Document 03/04/08 III of 08CR00054
18 U.S.C. §1344 Bank Fraud 01/16/09 I of 09CR00121
18 U.S.C. §3 147(1) Commission of Offense While on Release 01/16/09 II of 09CR00121
18 U.S.C. §401(3) Contempt of Court 01/15/09 I of 09CR00141

Pleading And Conviction

Shane pleaded guilty to all of the above charges and the court adjudicated Shane as guilty

of all the above charges.

Sentence

On 5 November 2010 USDC Chief Judge William Skretney sentenced Shane to 33

months in prison as follows:

“Minute Entry for proceedings held before William M. Skretny, Chief Judge:

Sentencing held on 11/5/2010 for Shane Buczek on Counts 1 and 2 of the

Indictment (Felony) Presentence report to be sealed - will be made available to

counsel for appeal purposes only. The probation department's recommendation

section which is a part of said presentence report will be kept under separate seal

and will not be accessible to counsel. The Court resolves all outstanding objections

to presentence report and deposes of all collateral issues. Total Offense Level: 17.
 Shane Buczek Sentenced for Bank Fraud 4

Criminal History Category II. The Defendant is sentenced to the custody of the BOP

for a term of 27 months on Count 1 to run concurrent to Count I of 09-CR-141 and

Count 3 of 08-CR-54 and 6 months on Count 2 to run consecutive to Count 1 and

Count 1 of 08-CR-54S and Count 1 of 09-CR-141S. Upon release from

imprisonment the defendant is placed on supervised release for a term of 5 years on

Count 1 and 3 years on Count 2 to run concurrent to each other and to run

concurrent to the term of supervised release imposed in 08-CR-54 and 09-CR-141.

While on supervised release the defendant shall abide by the following conditions:

The defendant shall abide by the standard conditions of supervised release as

promulgated in the WDNY. The defendant shall not commit any crimes, federal,

state or local. The defendant shall be prohibited from possessing a firearm or other

dangerous device. Mandatory drug testing imposed. The defendant shall submit to a

search of his person, property, vehicle, place of residence or any other property

under his control and permit confiscation of any evidence or contraband discovered.

Pursuant to 18 U.S.C. § 3663A, it is ordered that the defendant make restitution to

HSBC in the amount of $8,882.39. The restitution is due immediately. Interest on

the restitution is waived. While incarcerated, if the defendant is non-unicor or

unicor grade 5, the defendant shall pay installments of $25.00 per quarter. If

assigned grades 1 through 4 in unicor, the defendant shall pay installments of 50%

of the inmates monthly pay. While on supervised release, the defendant shall make

monthly payments at the rate of 10% of his monthly gross income. No fines, fees or

costs imposed. The defendant shall pay a SPA in the amount of $100.00. The Court

imposes sentence as stated. Court directs preparation of judgment of conviction.

 Shane Buczek Sentenced for Bank Fraud 5

Defendant's request for voluntary surrendar denied. Defendant remanded.

For the govt. - Mary C. Baumgarten, Maura O'Donnell. For the deft. - Shane

Buczek, pro se. For prob. - Kathleen Horvatits. (Court Reporter Michelle

McLaughlin.)(MEAL) (Entered: 11/05/2010)”

Conduct Of The Trial

Shane claimed in court that he had no “mens rea” or intention to commit a crime, and for

that alone the judge should have dismissed the case against him. In some matters criminal intent

makes a difference.

Shane intends to appeal the conviction ruling.

Further Study

In addition to finding all the case documents at http://uscourts.gov subordinate web site

http://pacer.gov, you can find some of the transcripts and other documents at

http://scribd.com/bobhurt in the Shane Buczek collection. Some of them make interesting

reading because the magistrate actually accuses Assistant US Attorney Anthony Bruce of

harassing Shane and prosecuting him over the false identification charge as though it had major

significance to Homeland Security.

Conclusion

Shane Buczek listened to Patriot Myth Mongers and let his ethics slide. He committed

one serious crime of passing a fraudulent financial instrument, and suffered a 27 month sentence,

plus 6 months for criminal contempt of court, plus repayment of over $8,000 to the bank. Since

Shane considers himself innocent, and plans to appeal, he has not learned his lesson: remember

the teachings of Mom and Dad, and don't listen to Patriot Myth Mongers.
 Shane Buczek Sentenced for Bank Fraud 6

References

P.A.C.E.R. (2010). http://pacer.gov, USDC Western District of New York, cases 08CR0054,

09CR00121, and 09CR00141. Judgment in a Criminal Case. (Internet).

Hurt, Bob (2010). http://scribd.com/bobhurt. Shane Buczek Collection. (Internet)

 Shane Buczek Sentenced for Bank Fraud 7

Author Note

I feel personal regret to see Shane Buczek waste years of his life at his young age, the

cream of his creative/productive years, in prison. I have labored fto discover Patriot Myths and

dissuade people from embracing them. I try to explain that the mainstream legal community

shuns them because either they don't work or they involve criminal behavior and will lose in

court. I suggest that they might result in fines and prison time, and all the associated suffering.

Many people ignore me and continue right on. Shane serves as the poster child, so to speak, for

those who embrace Patriot Myths. I have one word of advice: “Don't.”

Author: Bob Hurt

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