Buczek 20101012 Judicial Notice Title 18 Not Law, Etc 54 & 121 & 141

Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 1 of 45
Honorable court of record

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEW YORK '"~ 1
1:09-CR-00121-001/
SHANE C. BUCZEK, a U.S. TRUST 1:09-CR-00141-001
Petitioner
shane-christopher: buczek, MANDATORY JUDICIAL NOTICE of

as third-party intervener and Grantor / Beneficiary Reponses TO: FOREIGN AGENT AUSA
MR.ANTHONY BRUCE Court to take
Judicial Notice under Federal Rules of
V. Evidence 201(d) and (1)
UNITED STATES OF AMERICA
**Demand is hereby made to The United States Attornev's to Answer within *10 days*
MANDATORY JUDICIAL NOTICE OF REPONSE TO FOREIGN AGENT MR.

ATHONY BRUCE *Failure to answer is silence. Silence can only be equated with fraud
where there ilIe~al and moral dUty
duty to speak. or when inquiry left unanswered WOUld
would be
intentionally misleadin~. "US y Tweel (1977)550 F 2d 297. * (10) days to answer and (3) days
Grace OPPORTUNITY TO CURE *COURT TO TAKE JUDICIALNOTICE UNDER
FEDERAL RULES OF_EVIDENCE
OF.EVIDENCE 201 (D) AND (F)
In the matter of SHANE C BUCZEK, a U.S. Trust, Petitioner, shane-christopher: buczek,
heretofore and hereafter "Petitioner", notices the court to take Mandatory Judicial Notice of
FOREIGN AGENT ATHONY BRUCE letter dated October 7th ,2010 and below is response
to BOP "Harley G. Lappin, Director, Federal Bureau of Prisons", under Federal Rules of
Evidence 201 (d) and (t).
Dear Mr. Bruce,

I read your letter to me with amusement. You stated that you conducted your own
investigation into the Harley G. Lappin BOP Letter and that it was a fabrication. Did your
investigation entail more than one phone call? A government employee actually doing more
than one call would be shocking. Mr. Bruce, would you mind placing your findings in
affidavit form, sworn under the pains and penalties of perjury and signed by a notary and
10f7
placed into the record? Also, kindly ask the same for your FBI friend to submit an affidavit
under the penalties of perjury. To satisfy everyone's curiosity, perhaps we should subpoena
Harley Lappin, B.O.P. Director, his computer and his e-mail records to find out for sure
and ask him under oath whether he was involved in any way with that e-mail. But more
importantly, it was the content within that e-mail that is not a fabrication. Did your due diligence
take you into the Law library to look up the Congressional records to support your fantasy?
As you know, I have challenged the subject matter jurisdiction of this action. The burden to
prove you have it now shifts to you. Therefore, show me the certified documents from the
Congressional Records Office or Archives in particular; concerning Title 18, the amending of
H.R. 3190, on May lih, 1947, that shows a roll call of218 members of the House of
Representatives that passed with a Constitutionally seated Quorum. Sorry Bruce, the Roll Call
shows only 44 members were present.
A person with an experience is never at the mercy of a person with an opinion. I have the
Certified Documentation and proof. I have done my homework and conducted my research. That
is what evidentiary hearings are all about. We will see who is playing Pinocchio shortly. Isn't it
nice to know you have been living a lie all this time without jurisdiction and without your
protective immunities for all these years? I suspect however, you have known this for some
time. Meanwhile the Civil Case marches on. Your veiled threats in your letter never cease to
amaze me. You are like a bully that needs to meet his match. The paperwork in this case is your
match.
Lastly, it amazed me further what you omitted in your letter. You failed to show me your
Oath of Office, or that you are registered as a foreign agent under the Foreign Registration Act
of 1938, Green Card, Bonding agent, or that Title 18, Section 1344, lacks the supporting CFR's
to undergird the statute, or that you are conducting a prosecution by Fraud using Counterfeit
securities, lacking 'standing', trading my life labor and property for my credit on the stock
market all in violation of the SEC statutes with heavy criminal sanctions. Not to mention that the
plea deals caused you to violate the Fair Debt Collections Act. And that the statutes you quoted
in the passport case do not have any penalty sanctions attached to them as
your office admitted. Not to mention that both Pleas are void of the CFR's again and nor were
they placed into The Federal Registry in violation of such Act. Fraud vitiates everything from its
inception. Incidentally, did you ask the FBI while you had them on the phone ifit was Kosher to
20f7
prosecute manifold cases with Counterfeit Securities as you have done over the years and what
were the potential penalties you could incur, for doing so? Oh, you forgot? Don't worry, I will
ask the FBI witnesses for you at the evidentiary hearings. I think their testimony under oath will
be amended to my Civil Case.
Lastly, I will be notifying and filing a complaint against you to the Inspector General in
Washington, D.C. and this District Court of your continued harassment and threats of
intimidation to me. I am sure this violation in your jacket will be of value to you. I will send you
a copy of my letter to them (through the Clerk of the Court) and I will include a copy for them of
my Civil Case action that I have against you and also a copy of the transcripts of Magistrate
Schroeder calling you abusive and vindictive, etc., so they can evaluate your conduct in full.
Very truly yours,
BY:~IV!J2-(~
shane-christopher: buczek
as third party intervener and
Grantor/Beneficiary/Petitioner for:
SHANE C. BUCZEK a US TRUST
All rights reserved Without Prejudice
Without recourse UCC 1-308
IIJ·~ /1- ZolO
BY:
daniel-richard: buczek
I am a peaceful man and inhabitant of the creation and most often located in the
geographic region known as New York Republic of America; SHANE C. BUCZEK is a
vested interest of the United States of America and/or the United States; I am settlor and
30f7
co-beneficiary to SHANE C. BUCZEK for the mutual beneficial use of the United States of
America and/or the United States by and through holders of offices of the public trust,
public trustees and myself. Any attempt to coerce, trick, deceive, induce by fraud or otherwise
move me to engage in disposition of the vested interest(s) of the United States of America shall
be considered an act of war, treason, and sedition against the United States of America and
will be reported to the appropriate public trustees charged with protecting same.
I, shane-christopher: buczek, declare under penalties of perjury under the laws of these
United States of America that the foregoing is true and correct to the best of my knowledge, is
made in good faith and is admitted if not rebutted. I certify that the facts stated herein are true
and correct under the penalty of perjury as provided by 28 USC Section 1746, that I am over the
age of 18, and that I have firsthand knowledge first hand of the facts stated herein are true and
correct.
**Demand is hereby made to The United States Attorney's to Answer within *10 days*
*Failure to answer is silence. Silence can only be equated with fraud where there is legal
and moral duty to speak. or when inquiry left unanswered would
woUld be
Intentionally misleading. II US y Tweel (1977)550 F 2d 297.* (10) days to answer and
(3) Days Grace OPPORTUNITY TO CURE *
*The Court acting as Trustee. through this motion is instructed by the GrantorlSettlor
Grantor/Settlor to
Compensate the Beneficial1' Shane-Christopher family Buczek at the rate of $1.000.00 per day
for evel1' day that the Beneficial1' Shane Christopher family Buczek is fmancially damaged by
the invalid charging instruments mistakenly enforced by this court which such charging
Instruments and accompanying resulting orders have prevented the Beneficial1' Shane
from working to earn a living. *
40f7
In Trust,
shane-christopher: buczek
October IZI'-7 ,2010
Exhibit "A" ANTHONY M. BRUCE "Senior FOREIGN AGENT" Letter and Title 18 Sec.
1341 Frauds and swindles
Exhibit "B" CIVIL DOCKET SHEET # 1:09-CV-01129-WMS
Exhibit "c" ANTHONY M. BRUCE VIOALTION OF THE FAIR DEBT COLLECTION

ACT TITLE 15 USC SEC. 1692 ET. SEQ.
Exhibit "D" UNITED STATES MAGISTRATE JUDGE SCHROEDER, JR. August 20,
20091:47 PM Magistrate Schroeder calling you abusive and vindictivt( and there was no
warrant
Cc.
Treasury Inspector General for Tax Administration
P.O. Box 589
Ben Franklin Station
Washington, DC 20044-0589
By Phone:
Call toll free: 1-800-366-4484
By Fax:
(202) 927-7018
50f7
Department of the Treasury

1500 Pennsylvania Avenue, NW
Washington, D.C. 20220
Phone :( 202) 622-2000
Fax: (202) 622-6415
Office of Inspector General

Office of Public Affairs
Department of Health and Human Services
Room 5541 Cohen Building
330 Independence Avenue, S.W.
Washington, D.C. 20201
ill
Petition To:
Commandant (G-OPL)
U.S. Coast Guard
2100 2nd St. SW
Washington, DC 20593-0001
U.S. DEPARTMENT OF JUSTICE

CIVIL RIGHTS DIVISION, TORT BRANCH
FEDERAL TORT CLAIM ACT STAFF
BOX 888 BENJAMIN FRANKLIN STATION
WASHINGTON, D.C. 20044
Universal Postal Union

International Bureau
Case postal
3000 BERNE 15
SWITZERLAND
Eric Holder Jr.

United States Attorney General
Department of Justice
950 Pennsylvania Ave. NW 20530
Washington, D. C. 20530
60f7
CERTIFICATE OF SERVICE
Qn this the 12th day of October 201 Or a true and correct copy of MANDATORY .JUDICIAL
NOTICE of Reponses TO: FOREIGN AGENT AIlSA MR.ANTHONY BRUCE Court to
take Judicial Notice ugder F@deraJ Rules of Eyidence 20Hd) and (t) was personally filed
stamped 1:08-CR-0054-001. 1;09-CR00121-001 and 09-CR00141-001 deljvered to the Clerk
of the Court and the Clerk will serve AUSA by electronic filing.
70f7
" "
of'
lIll ilcd States At tOlIlL'\

* * '
Western nisfrict o/S(\\
r,i/cml ('1'111/'1'
liS /)l'il/\\I/I'I' ,\\'1'11111' /"

IJII//,r/",\( \I );lll IC(),'
October 7, 2010
Shane C,. Buczek

7335 Derby Road
Derby, New York 14047
Re: Enclosed letter/email
Dear ML Buczek:
Enclosed you will find a photocopy of what purports to be a July 27, 2009 letter or
email from "Harley G. Lappin, Director, Federal Bureau of Prisons" to "all Department
Heads,"
Investigation by the Federal Bureau of Investigation has determined that this

letter/email is a complete fabrication.
This letter is to provide you with notice that the Lappin letter/email is in fact a
fabrication and that further use of it by you in your filings with the Court is at your own peril.
Very truly yours,
WILLIAM J. HOCHUL, JR.

United States Attorney
BY: HONY '. BRUCE

Assistant U.S. Attorney
Senior Litigation Counsel
AMB/lfs
Enclosures
pc: Dan Buczek (w/enclosure)

Kathleen Horvatitis
Filed 10/12/10 Page 10 of 45
Case 1:09-cr-00121-WMS-HKS Document 228
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Case
United States Code: Title 1:09-cr-00121-WMS-HKS
18,1341. Document
Frauds and swindles I LII 1 Legal 228 Filed 10/12/10 Page 11 of 45
In... http://www.law.comell.eduluscodeI18/usc_sec_18_00001341----000- ...
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/ Legal Information Institute
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main page faq Index search
> ; 1 > CHAPTER 63 > § 1341
§ 1341. Frauds and swindles

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent
pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful
use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit
or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for
mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing
whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or
knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by
the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the
violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or pa'id in connection with, a
presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42. U.S.C. 5122», or affects a finanCial institution, such person shall be fined not more than $1,000,000 or imprisoned not
more than 30 years, or both,
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of2 10110/2010 3:30 AM

,ROM LINDA MARIANO PHONE NO. : 7048'352899 Ma~. 15 2010 07:58PM Pi
Page 1 of 1
Harley G. Lapefn
~~.~
, Har1ey G. Lappin
Di:mctor, Fedcnl Bureau ofPrlsoos
712112009
T"" "
CM/ECF LIVE - U.S.Case
District1:09-cr-00121-WMS-HKS
Courtnywd Document 228 Filed 10/12/10 Page 14 of 45
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MEDIATION, ProSe
U.S. DISTRICT COURT

U.S. District Court, Western District of New York (Buffalo)
CIVIL DOCKET FOR CASE #: 1:09-cv-Ol129-WMS
Buczek v. United States of America DBA et al Date Filed: 12/30/2009

Assigned to: Hon. William M. Skretny Jury Demand: Plaintiff
Cause: 42: 1983 Civil Rights Act Nature of Suit: 440 Civil Rights: Other
Jurisdiction: U.S. Government Defendant
Plaintiff
Shane Christopher Buczek represented by Shane Christopher Buczek
7335 Derby Road
Derby, NY 14047
512-8543
PROSE
V.
Defendant
United States of America DBA represented by Michael S. Cerrone
TERMINATED: 0310112010 U.S. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5851
Fax: 716-551-3196
Email: michael.cerrone@usdoj.gov
Defendant
Anthony Bruce represented by Michael S. Cerrone
ETAL (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Kathleen M. Mehltretter represented by Michael S. Cerrone
(See above for address)
LEAD ATTORNEY
Defendant
John Doe represented by Michael S. Cerrone
TERMINATED: 0310112010 (See above for address)
Defendant
1 of 10 10/1 0120 10 12:24 AM

Court:nywd Document 228 Filed 10/12/10 Page 15 of 45
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Jane Doe's 1-20 represented by Michael S. Cerrone

I reserve the right to add others as they (See above for address)
become known to me in their capacity as
DBA, adding defendants as they become
known to me
TERMINATED: 0310112010
Defendant
Mary C. Baumgarten represented by Michael S. Cerrone
Defendant
Marty J. Littlefield represented by Michael S. Cerrone
Defendant
Mary Pat Fleming represented by Michael S. Cerrone
Defendant
J. P. Kennedy represented by Michael S. Cerrone
Defendant
Joseph M. Guerra, III represented by Michael S. Cerrone
Defendant
William J. Hochul represented by Michael S. Cerrone
Defendant
Joseph J. Karaszewski represented by Michael S. Cerrone
Defendant
Margaret M. McFarland represented by Michael S. Cerrone
Defendant
Z of lO 10110/2010 12:24 AM
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Document 228lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L
Filed 10/12/10 Page 16 of 45 _'"
Aaron J. Mango represented by Michael S. Cerrone

Defendant
Charles B. Wydysh represented by Michael S. Cerrone
Defendant
Edward H. White represented by Michael S. Cerrone
Defendant
Gail Y. Mitchell represented by Michael S. Cerrone
Defendant
George C. Burgasser represented by Michael S. Cerrone
Defendant
Gregory L. Brown represented by Michael S. Cerrone
Defendant
Gretchen L. WylegaJa represented by Michael S. Cerrone
Defendant
Jane B. Wolf represented by Michael S. Cerrone
Defendant
Joel L. Violanti represented by Michael S. Cerrone
Defendant
John E. Rogowski represented by Michael S. Cerrone
3 of 10 10110/2010 12:24 AM
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Defendant
Joseph M. Tripi represented by Michael S. Cerrone
Defendant
Kevin D. Robinson represented by Michael S. Cerrone
Defendant
Marie P. Grisanti represented by Michael S. Cerrone
Defendant
Mary C. Kane represented by Michael S. Cerrone
Defendant
Mary Ellen Kresse represented by Michael S. Cerrone
Defendant
Mike DiGiacomo represented by Michael S. Cerrone
Defendant
Molly Roach represented by Michael S. Cerrone
Defendant
Monica Richards represented by Michael S. Cerrone
Defendant
Paul J. Campana represented by Michael S. Cerrone
Defendant
40fl0 10110/201012:24 AM
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Document 228 Filed 10/12/10 Page 18 of 45I 1466504027-L_'"
Richard D. Kaufman represented by Michael S. Cerrone

Defendant
Richard P. Maigret represented by Michael S. Cerrone
Defendant
Robert C. Moscati represented by Michael S. Cerrone
Defendant
Robert G. Trusiak represented by Michael S. Cerrone
Defendant
Stephan J. Baczynski represented by Michael S. Cerrone
Defendant
Thomas S. Duszkiewicz represented by Michael S. Cerrone
Defendant
Timothy Lynch represented by Michael S. Cerrone
Defendant
Trini Ross represented by Michael S. Cerrone
Defendant
William J. Gillmeister represented by Michael S. Cerrone
Defendant
William J. Knapp represented by Michael S. Cerrone
50f1O 10110/2010 12:24 AM

CIVI/J:,L/' L1VJ:, - U.:s. court:nywd
U.:S. UlStnCt https://ec£nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L_ ...
Defendant
Cynthia M. Dilick represented by Michael S. Cerrone
Defendant
Sharon M. Knope represented by Michael S. Cerrone
Defendant
Samuel M. Palmiere represented by Michael S. Cerrone
Defendant
Barbara A. Sweitzer represented by Michael S. Cerrone
Defendant
William J. Hochul represented by Michael S. Cerrone
ET. AL. (See above for address)
Defendant
John and Jane Doe's 1-20 represented by Michael S. Cerrone
I reserve the right to add others as they (See above for address)
become known to me ATTORNEY TO BE NOTICED
IDate Filed # Docket Text

,-
i 12/30/2009 1 COMPLAINT against United States of America DBA, Anthony Bruce, Kathleen
i
M. Mehltretter, John Doe, Jane Doe's 1-20, filed by Shane Christopher Buczek.
(Attachments: #(1) Exhibit A, #(2) Exhibit B, #(3) Exhibit C, #(4) Exhibit
D.)(DLC) (Entered: 01/0412010)
.". _
. " "-
-_,,
. '-
-
12/30/2009 AUTOMATIC REFERRAL to Mediation. (DLC) (Entered: 0110412010)
12/30/2009 MOTION for Leave to Proceed in forma pauperis by Shane Christopher Buczek.
(DLC) (Entered: 01104/2010)
01115/2010 MANDATORY NOTICE by Shane Christopher Buczek. (DLC) (Entered:
01/19/2010)
--~.~---
--~,~---
02116/2010 4 MOTION to Dismiss (Notice of Motion) by United States of America DBA,

Anthony Bruce, Kathleen M. Mehltretter, John Doe, Jane Doe's 1-20.(Cerrone,
Michael) (Entered: 02116/2010)
5 of 10 10110/2010 12:24 AM
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02116/2010 DECLARATION signed by Michael S. Cerrone re 1. MOTION to Dismiss (Notice

of Motion) filed by United States of America DBA, Anthony Bruce, Kathleen M.
Mehltretter, John Doe, Jane Doe's 1-20 (Declaration of Michael S. Cerrone dated
February 16,2010). (Attachments: # 1 Exhibit A:Plts. Complaint, # 2: Exhibit
I A:Plts. Complaint)(Cerrone, Michael) (Entered: 02/16/2010)
,"
i 0211612010 MEMORANDUM IN SUPPORT re 1. MOTION to Dismiss (Notice of Motion), .~
Declaration, (Memorandum of Law) byUnited States of America DBA, Anthony
Bruce, Kathleen M. Mehltretter, John Doe, Jane Doe's 1-20. (Cerrone, Michael)
(Entered: 02116/2010)
--
03/0112010 AMENDED COMPLAINT against Anthony Bruce ET., AL., Mary C.
Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M.
Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M. McFarland,
Aaron J. Mango, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George
C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L.
Violanti, John E. Rogowski, Joseph M. Tripi, Kevin D. Robinson, Marie P.
Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach,
Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret,
Robert C. Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S.
Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp,
Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer,
William J. Hochul, John and Jane Doe's 1-20, filed by Shane Christopher Buczek.
(Attachments: #(1) Exhibit A, #(2) Exhibit A Continuted, #(3) Exhibit B, #(4)
Exhibit B Continued, #(5) Exhibit C&D, #(6) Exhibits E&F.) (DLC) Modified on
3/112010 (DLC). (Entered: 03/0112010)
04/0112010 MOTION to Dismiss by Mary C. Baumgarten, Marty J. Littlefield, Mary Pat

Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J.
Karaszewski, Margaret M. McFarland, Aaron J. Mango, Anthony Bruce, Charles
B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L.
Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski,
Joseph M. Tripi, Kathleen M. Mehltretter, Kevin D. Robinson, Marie P. Grisanti,
Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica
Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C.
Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz,
Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M.
Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J.
Hochul(ET. AL.), John and Jane Doe's 1-20.(Cerrone, Michael) (Entered:
04/01/2010)
-----------4---~--------------------------------------------------------- --
I 04/0112010 DECLARATION re 1 Amended Complaint"" ~ MOTION to Dismiss filed by
Mary C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy,
Joseph M. Guerra, III, William J. Hochul, Joseph J. Karaszewski, Margaret M.
McFarland, Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H.
White, Gail Y. Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L.
Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi,
Kathleen M. Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane,
Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J.
Campana, Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G.
7 of 10 0120 10 12:24 AM
10/1 0/20
Courtnywd Document 228 Filed 10/12/10 Page 21 of 45
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Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini

Ross, William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M.
, Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul(ET. AL.),
John and Jane Doe's 1-20 DECLARATION OF MICHAEL S. CERRONE. (Cerrone,
Michael) (Entered: 04/0112010)
04/0112010 MEMORANDUM IN SUPPORT re 1 Amended Complaint"" 2 Declaration", ~
MOTION to Dismiss byMary C. Baumgarten, Marty J. Littlefield, Mary Pat
Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J. Hochul, Joseph J.
Karaszewski, Margaret M. McFarland, Aaron J. Mango, Anthony Bruce, Charles
B. Wydysh, Edward H. White, Gail Y. Mitchell, George C. Burgasser, Gregory L.
Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L. Violanti, John E. Rogowski,
Joseph M. Tripi, Kathleen M. Mehltretter, Kevin D. Robinson, Marie P. Grisanti,
Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo, Molly Roach, Monica
Richards, Paul J. Campana, Richard D. Kaufman, Richard P. Maigret, Robert C.
Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz,
Timothy Lynch, Trini Ross, William J. Gillmeister, William J. Knapp, Cynthia M.
Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A. Sweitzer, William J.
Hochul(ET. AL.), John and Jane Doe's 1-20. (Cerrone, Michael) (Entered:
04/01/2010)
.-~-.~--
04/30/2010 NOTICE OF FELONY CRIMINAL COMPLAINT FOREIGN AGENT 22USC611

by Shane Christopher Buczek. Exhibits manually filed. No proof of Service
provided. Modified on 5/5/2010 (DLC). (Entered: 05/05/2010)
05/05/2010 NOTICE of MANUAL FILING (Exhibit A-N along with 1 DVD Film titled
Invisible Empire and 3 CD's by Tim Madden, Economist, Ed Griffin, the Creature
from Jekyll Island, and Ken Wayne, The Legal Structure of the Government by
Shane Christopher Buczek re 11 Notice of felony. (DLC) (Entered: 05/05/2010)
05/05/2010 E-Filing Notification: No proof of service. Action required: File proof of service
RE: NOTICE of MANUAL FILING (Exhibit A-N along with 1 DVD Film titled
I
Invisible Empire and 3 CD's by Tim Madden, Economist, Ed Griffin, the Creature
from Jekyll Island, and Ken Wayne, The Legal Structure of the Government by
Shane Christopher Buczek re 11 Notice of felony. And 11 NOTICE OF FELONY
!
I
CRIMINAL COMPLAINT FOREIGN AGENT 22USC611 by Shane Christopher
Buczek. (DLC). (DLC) (Entered: 05/05/2010)
r05/0712010 MOTION to Dismiss (Notice of Motion) by Mary C. Baumgarten, Marty J.

Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M. Guerra, III, William J.
Hochul, Joseph J. Karaszewski, Margaret M. McFarland, Aaron J. Mango,
Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y. Mitchell, George
\ C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B. Wolf, Joel L.
Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M. Mehltretter, Kevin D.
Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen Kresse, Mike DiGiacomo,
Molly Roach, Monica Richards, Paul J. Campana, Richard D. Kaufman, Richard
P. Maigret, Robert C. Moscati, Robert G. Trusiak, Stephan J. Baczynski, Thomas
S. Duszkiewicz, Timothy Lynch, Trini Ross, William J. Gillmeister, William J.
Knapp, Cynthia M. Dilick, Sharon M. Knope, Samuel M. Palmiere, Barbara A.
Sweitzer, William J. Hochul(ET. AL.), John and Jane Doe's 1-20.(Cerrone,
Michael) (Entered: 05/07/2010)
8 of 10 10110/201012:24 AM
Court:nywd https:/
Document 228lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl
Filed 10/12/10 Page 22 of ?98511466504027-L
45 _ ...
05/07/2010 DECLARATION signed by MICHAEL S. CERRONE re 1~. MOTION to Dismiss

(Notice of Motion) MOTION to Dismiss (Notice of Motion) MOTION to Dismiss
(Notice of Motion) MOTION to Dismiss (Notice of Motion) filed by Mary C.
Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M.
Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y.
Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B.
Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M.
[
Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen
Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana,
Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G. Trusiak,
Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross,
William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope,
Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul(ET. AL.), John and
Jane Doe's 1-20. (Cerrone, Michael) (Entered: 05/07/2010)
05/07/2010 MEMORANDUMIBRIEF re ..1...3. Declaration"" J2 MOTION to Dismiss (Notice of

I Motion) MOTION to Dismiss (Notice of Motion) MOTION to Dismiss (Notice of
Motion) MOTION to Dismiss (Notice of Motion) (Memorandum of Law) by Mary
C. Baumgarten, Marty J. Littlefield, Mary Pat Fleming, J. P. Kennedy, Joseph M.
Aaron J. Mango, Anthony Bruce, Charles B. Wydysh, Edward H. White, Gail Y.
Mitchell, George C. Burgasser, Gregory L. Brown, Gretchen L. Wylegala, Jane B.
Wolf, Joel L. Violanti, John E. Rogowski, Joseph M. Tripi, Kathleen M.
Mehltretter, Kevin D. Robinson, Marie P. Grisanti, Mary C. Kane, Mary Ellen
Kresse, Mike DiGiacomo, Molly Roach, Monica Richards, Paul J. Campana,
Richard D. Kaufman, Richard P. Maigret, Robert C. Moscati, Robert G. Trusiak,
Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini Ross,
William J. Gillmeister, William J. Knapp, Cynthia M. Dilick, Sharon M. Knope,
Samuel M. Palmiere, Barbara A. Sweitzer, William J. Hochul(ET. AL.), John and
Jane Doe's 1-20. (Cerrone, Michael) (Entered: 05/07/2010)
0511412010 CERTIFICATE OF SERVICE by Shane Christopher Buczek re Notice of

ManuaVConventional Filing. Duplicate documents hand delivered to the Clerk's
office for hand delivery to the U.S. Attorney. (DLC) (Entered: 0511712010)
07/09/2010 RESPONSE in opposition to Declaration, filed by Shane Christopher Buczek.

i (Attachments: #(1) Exhibit A, #(2) Exhibit B, #(3) Exhibit C, #(4) Exhibit D, # ;>_
I
!
Exhibit E, #(6) Exhibit F, #(7) Exhibit G, #(8) Exhibit H, #(9) Exhibit I, # lQ
Exhibit J, #(11) Exhibit K, #(12) Exhibit K continued, #(13) Exhibit L, # 14
Exhibit M, #( 15) Exhibit M continued and Exhibit N, #( 16) Exhibit 0, #( 17)
Exhibit P, #(18) Exhibit Q.) (DLC) (Entered: 0711212010)
07/09/2010 NOTICE of MANUAL FILING of a Disk (Exhibit "D" Live Radio Alex Jones 45
Ii min)included with J 6 Response by Shane Christopher Buczek. (DLC) Modified on
!
7112/2010 (DLC). (Entered: 07112/2010)
1----
1---
09/07~2010_
II 09/07/2010 NOTICE of 18 USCS Sec. 4 Misprison of felony Court to take Judicial Notice
Under Federal Rules Evidence 201(f) by Shane Christopher Buczek. (DLC)
(Entered: 09/08/2010)
;J of 10 10/10/201012:24 AM
eM/bel' L1Yb - U.S. District eourt:nywd https:/lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?985 11466504027-L_...
09/07/2010 NOTICE of741 F.2d 336, Trezevant v. City of Tampa Federal Reporter 2d Series
Page 336-342 Court to take Judicial Notice Under Federal Rules of Evidence
201 (t) by Shane Christopher Buczek. (DLC) (Entered: 09/08/2010)
0911412010 JUDICIAL NOTICE of emails received 2117/2010 by Shane Christopher Buczek.
(DLC) (Entered: 09116/2010)
09114/2010 JUDICIAL NOTICE of BOP letter dated 7/27/2009 by Shane Christopher Buczek.
(DLC) (Entered: 09116/2010)
t· ......·····~-,- -
09/29/2010 21 TEXT ORDER. IT HEREBY IS ORDERED THAT Plaintiffs ~ Motion for IFP
Status is GRANTED. FURTHER, that in light of the filing of the 1 Amended
l
Complaint, Defendants' ~ Motion to Dismiss is DENIED as moot. SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 9/2912010. (MEAL)
(Entered: 09/29/2010)
., ,_.-
.,-,_.-
Transaction Receipt
,... _.......
i-------1 1:09-cv-01129-WMS
- ..............__._. -_.............._....................._-
, . . .-.. .----.----- ~~80-·--·--·-··-·····-·-·-·-
10 of 10 10/10/2010 12:24 AM
" "
Honorable court of record

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEW YORK
09-CR-12I-S
Shane C. Buczek
RULE 29 & 33 MOTION
Petitioner NOTICE AND DEMAND
v. TO VACATE JURY
FINDINGS FOR
UNITED STATES of AMERICA VIOLATION OF THE
FAIR DEBT
Defendant COLLECTION ACT &
JURISDICTION ERROR
Shane-christopher: buczek,
third party intervener as Grantor I Beneficiary
NOTICE AND DEMAND TO VACATE JURY FINDING

VIOALTION OF THE FAIR DEBT COLLECTON ACT TITLE 15 USC 1692 ET.SEQ.
I, the above third-party intervener, do hereby request demand to vacate jury
finding in violation of the fair debt collection practice act title 15 U.S.C. Sec. 1692 and with
his demand to vacate jury verdict for lack of proof of Mens rea, violation of the 6 th and 11 th
Amendment and the Federal District Court lacked jurisdiction wherein State jurisdiction by
statute prevailed in this instant case. See ... Cite 15 USC 1692p.
THERE WAS NO PROBABLE CAUSE TO INDICT PETITIONER FOR BANK FRAUD
Within less than five days oflearning there was something wrong with the payment to
HSBC/BESTBUY Petitioner Shane C. Buczek (Petitioner) tendered payment in the form of a
payment instrument via a negotiable instrument, a promissory note which is authorized by the
FAIR DEBT COLLECTION PRACTICES ACT Title 15 USC 1692f Sec 808(2).
TITLE I>PART I>CHAPTER I>Sec. 1.>Sec. 8
Sec.8. - Obligation or other security of the United States defined
The tenn "obligation or other security of the United States" includes all bonds,
certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve
bank notes, coupons, United States notes, Treasury notes, gold certificates, silver
certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn
by or upon authorized officers of the United States, stamps and other representatives of
value, of whatever denomination, issued under any Act of Congress, and cancelled United
States stamps.
The Promissory Note is legal tender as a national bank note, or note of a National
Banking Association, by legal and/or statutory definition (UCC 4-105 12 CFR See 229.2,
210.2, 12 USC 1813), issued under Authority of the United States Code 31 USC 392, 5103,
which officially defines this as a statutory legal tender obligation of THE UNITED
STATES, and is issued in accordance with 31 USC 3123 and HJR - 192 (1933) which
establish and provide for its issuance as "Public Policy" in remedy for discharge of equity
interest recovery on that portion of the public debt to its Principals, and Sureties bearing the
Obligations of THE UNITED STATES.
(See attached Memorandum on Promissory Notes).
There was no intent by Petitioner to defraud HSBC/BEST BUY, for a check and Federal Reserve
notes are promissory notes. See title 12 Sec. 1813 L(1) (See Exhibit "A" MEMORANDUM)
AUSA ANTHONY BRUCE IS A VINDICTIVE AND ABUSIVE DEBT COLLECTOR
The government through Ausa Bruce has acted as a debt collector without first notifying
Petitioner Shane C. Buczek (Petitioner) via a validation letters, mini-Miranda warnings and
making demand for payment. AUSA Bruce's acts are vindictive, abusive and unconscionable.
(Sec. 1692a.) AUSA Bruce in his overzealous efforts to punish Petitioner for his purported
alliance with the sovereign American movement and wherein a remedy by Federal statute was
available to the government, totally by passed the well regulated FAIR DEBT COLLECTION
PRACTICES ACT and pursued Title 18 USC to prosecute Petitioner when the matter was civil
under State jurisdiction. The Federal District Court lacked standing to prosecute this case and
committed jurisdictional reversible error in this case.

Section 1692a. Definitions (C) Any officer or employee of the United States or any State to the
extent that collecting or attempting to collect any debt is in the performance of his official
duties; is f! debt collector.
AUSA BRUCE ACTED WITH MALICE, WAS ABUSIVE, UNCONSCIENABLE AND

CLEARLY IN VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT
WHICH IS UNDER STATE JURISDICTION
The government through AUSA Bruce acted vindictively when he obtained a search warrant for
Petitioner's parents home and descended on it with 20 agents to seize private property of
Petitioner in clear violation of the FAIR DEBT COLLECTION PRACTICES ACT and then
attempted to have Petitioner agree to a forfeiture in a proposed plea bargain, again using the
criminal case to collect the debt.
§ 806. Harassment or abuse 15 USC Sec. 1692d
A debt collector may not engage in any conduct the natural consequence of which is to
harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting
the general application of the foregoing, the following conduct is a violation of this section:
(1) The use or threat of use of violence or other criminal means to harm the physical person,
reputation, or property of any person.
(2) The use of obscene or profane language or language the natural consequence of which is to
abuse the hearer or reader.
(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a
consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1
of this Act.
(4) The advertisement for sale of any debt to coerce payment of the debt.
3
(5) Causing a telephone to ring or engaging any person.
In telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any
person at the called number.
6) Except as provided in section 804, the placement of telephone calls without meaningful
disclosure of the caller's identity.
The government through AUSA Bruce wrote more than 22 threatening letters to Petitioner, and
had frequent meetings with him, wherein he harassed and intimidated Petitioner, all in violation
of said Petitioner's rights and all without the required validation letters and mini Miranda
warnings. The statute is there to prevent situations like these from being prosecuted federally.
If allowed to continue AUSA Bruce would have thousands of people imprisoned for writing bad
checks, which is in violation of the congressional intent of the FAIR DEBT COLLECTION
PRACTICES ACT which provided a diversion program under State jurisdiction.
AUSA BRUCE FAILED TO PROVIDE THE VALIDATION AND MINI MIRANDA
WARNINGS.
The charging document, the indictment, fails to provide the required validation warnings and
mini Miranda warnings, nor do any of the correspondence and pleadings from AUSA Bruce
contain the required warning. Therefore the actions of AUSA Bruce are invalid.
AUSA Bruce is a debt collector who chose to seek an indictment to collect the debt Petitioner
purportedly owed HSBC Bank by attempting to collect the purported debt in the plea bargain.
1. The FDCPA is a strict liability statute, and one violation is sufficient to establish
liability. Bentley v. Great Lakes Coli. Bureau, 6 F.3d 60 (2d Cir. 1993). A debt collector
who violates the FDCPA is liable for actual damages, additional statutory damages up to
$1,000 per action, attorney fees, and costs. 15 U.S.C. § I 692k(a).
2. h. Notice of validation rights and Miranda warning: Attorneys who fit the definition
of "debt collector" must give the Miranda warning required by § 1692e(11) in their
initial communication and must give an adequate written notice of the debtor's
validation rights under § 1692g within 5 days of the initial communication.
3. Some attorneys who have failed to give the Miranda warning have been held liable for
violating § 1692e(11). Romea v. Heiberger & Associates, 163 F.3d 111, 113-119 (2nd
Cir. 1998)(failure to give § 1692e(11) notice not excused in notice-to vacate letter); Frey
v. Gangwish, 970 F.2d 1516, 1519-1520 (6th Cir. 1992)(Post-judgment letter to
judgment debtor was initial communication with debtor despite prior communications in
underlying suit with debtor's attorney, thereby requiring the giving of the notice required
by this subsection)
§ 818. Exception for certain bad check enforcement programs operated

by private entities
( a) In General.-
(1) TREATMENT OF CERTAIN PRIVATE ENTITIES. Subject to paragraph (2), a
private entity shall be excluded from the definition of a debt collector, pursuant to the
exception provided in section 803(6), with respect to the operation by the entity of a
program described in paragraph (2)(A) under a contract described in paragraph (2)(B).
(2) CONDITIONS OF APPLICABILITY.-Paragraph (1) shall apply if-
(A) a State or district attorney establishes, within the jurisdiction of such State or
district attorney and with respect to alleged bad check violations that do not
involve a check described in subsection (b), a pretrial diversion program for
alleged bad check offenders who agree to participate voluntarily in such program
to avoid criminal prosecution;
(B) a private entity, that is subject to an administrative support services contract
with a State or district attorney and operates under the direction, supervision, and
control of such State or district attorney, operates the pretrial diversion program
described in subparagraph (A);
THE HSBCIBEST BUY CREDIT APPLICATION DOES NOT PROHIBIT PAYMENT

VIA PROMISSARY NOTE AND WAS SIGNED ALL RIGHTS RESERVED UCC 1- 308
5
Pursuant to HR 192 the type of money used to discharge a debt cannot be specified nor
demanded to be in any specific type of money, nor from any particular country See ... Cite; New
York Trust v. Henwood 307 US 847. Nothing in the Best Buy credit application prohibits
payment to discharge the debt via a promissory note.
THERE IS NO FEDERAL JURISDICTION OVER PRIVATE PROMISSARY NOTES
There is no federal jurisdiction over private promissory notes. See ... Cite; California Bankers
Association v. Schultz 416 US 21 n. 12-13. The federal government only has jurisdiction over
U.S. Notes, Silver Certificates, and Federal Reserve notes.
The jurisdiction over bad checks/promissory notes in debt collection is with the State.
See ... Cite 15 USC 1692p Through State sponsored Diversion programs, Congress enacted the
Fair Debt Collection Practices Act 15 USC 1692 et.seg. to curb abusive debt collectors from
having citizens sent to prison for writing bad checks ...
§ 1692g. Validation of debts

(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the
collection of any debt, a debt collector shall, unless the following information is contained in the
initial communication or the consumer has paid the debt, send the consumer a written notice
containing-
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes
the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt
collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day
period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification
of the debt or a copy of a judgment against the consumer and a copy of such verification or
judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt
collector will provide the consumer with the name and address of the original creditor, if
different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in
subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the
consumer requests the name and address of the original creditor, the debt collector shall cease
collection of the debt, or any disputed portion thereof, until the debt collector obtains
verification of the debt or a.£ill!I of !! judgment, or the name and address of the original
creditor, and a copy of such verification or judgment, or name and address of the original
creditor, is mailed to the consumer by the debt collector.
(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this section may not be
construed by any court as an admission of liability by the consumer.
See attached memorandum on the FAIR DEBT COLLECTION PRACTICES ACT.
CONCLUSION
It is beyond all doubt that Petitioner had a belief that it was lawful to discharge a debt by using a
promissory note. There is no evidence that Petitioner possessed the intended 'Mens Rea' to
defraud HSBCIBEST BUY. It is further beyond all doubt that there is no federal jurisdiction over
promissory notes. Jurisdiction rests with the State of New York via its Diversion Program. The
government through Ausa Anthony Bruce also failed to supply the requisite validation letters
verifying the alleged debt(s). The government through Ausa Anthony Bruce failed to give
Petitioner Buczek a Miranda warning as was mandated by Federal Law and the FDCPA Act.
Wherefore; Petitioner respectfully requests the jury verdict be vacated, or in the alternative have
him sent to a State diversion program for bad check writers as required by statute.
CERTIFICATION UNDER PENALTY OF PERJURY
I certify that the facts stated herein are true and correct under the penalty of
perjury as provided by 28 USC Section 1746, that I am over the age of 18, and that I have
firsthand knowledge of the facts stated herein.
In Trust
BY:~
shane-christopher:
as third party intervener'
lTITf"n/P'nf>r
Grantor/Beneficiary for:
b.. ?4,. '2()/O
7
JURAT
ERIE COUNTY )
) ss.
NEW YORK STATE )
The above named Libellant, shane-christopher:buczek, as third party intervener and

GrantorlBeneficiary for: for SHANE CHRISTOPHER BUCZEK appeared before me, a
Notary, subscribed, sworn to the truth of this Petition
Under oath this .,;{ q -tI.. day of ~ ,2010,
~L~ YJr. G-c:t-U.0-LOt

Notary SEAL ',\ M. POTWORA
r-::. STATE OF NEW YORK
~
j , '
My Commission expires_ _-t-_-J'---_

- t - _ - l ' - - -_ _
L
.;;L q .;l..tJ I 11
'.!-...-__
,-'--_
l J IN ERIE COUNTY
--:tMY CC:"" ,_"'V;, EXPIR£S FEB. 28, 20.1!/-
_--IMY
CERTIFICATE OF SERVICE
On this the ~ay

of June 2010, a true and correct copy was personally 09-CR-121-S
NOTICE AND DEMAND TO VACATE JURY FINDING VIOALTION OF THE FAIR DEBT
COLLECTON ACT delivered to the Clerk of the Court and the Clerk will serve counsel by
electronic filing.
8
" "
1 UNITED STATES DISTRICT COURT
2 WESTERN DISTRICT OF NEW YORK
3 - - - - - - - - - - - - - - X
UNITED STATES OF AMERICA ) 08-CR-54 (WMS)
4 ) 09-CR-121 (WMS)
vs. ) 09-CR-141 (WMS)
5 )
SHANE C. BUCZEK, )
6 Defendant. ) Buffalo, New York
) August 20, 2009
7 - - - - - - - - - - - - - - - - X 1:47 p.m.
8 TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE H. KENNETH SCHROEDER, JR.
9 UNITED STATES MAGISTRATE JUDGE
10
KATHLEEN M. MEHLTRETTER, ESQ.
11 Acting United States Attorney
BY: GEORGE C. BURGASSER, ESQ.
12 Assistant United States Attorney
138 Delaware Avenue
13 Buffalo, New York 14202
14
MARIANNE MARIANO, ESQ.
15 Federal Public Defender
BY: BRIAN COMERFORD, ESQ.
16 Assistant Federal Public Defender
300 Pearl Street, Suite 450
17 Buffalo, New York 14202
Appearing on behalf of the Defendant
18
19 ALSO PRESENT: Scott Kawski, U. S. Probation Office

Curtis Middlebrooks, U.S. Probation Office
20
21 AUDIO RECORDER: Llane M. Guidotti

Liane
22
TRANSCRIBER: Christi A. Macri, FAPR, RMR, CRR, CRI
23 Kenneth B. Keating Federal Building
100 State Street
24 Rochester, New York 14614-0222
25 (Proceedings recorded by electronic sound recording, transcript

produced by computer) .
12
1 will permit, stipulate that he did, in fact, mail these documents
2 to the Treasury that were -- that are in question here.
3 We're not contesting saying that he didn't do it, but we
4 would like argument on whether it should be considered a violation
5 of the conditions of his bail.
6 MR. BURGASSER: Now, just as to Count 6, Your Honor, that
7 has to do with the restrictions to his residence and what he's
8 allowed to do.
g Again, Ms. Pavor is here and she would testify that as
10 to the notarizations that took place during the months of July and
11 August, that he came to her office.
12 MAGISTRATE JUDGE SCHROEDER: But he was allowed to leave
13 the premises while acting in his own behalf as pro se attorney in
14 these matters, and if he believed this was still part of his
15 pro se attorney function, are you really asking me to say he's in
16 violation of a term and condition of bail?
17 MR. BURGASSER: I'm looking for that condition to see if
18 it's worded that way.
19 MAGISTRATE JUDGE SCHROEDER: Well, I said that -- I said
20 that Mr. Buczek could do things that were necessary in
21 representing himself in responding to the three indictments.
22 I mean, he's got to be able to do what he thinks is
23 necessary for him to defend himself, at least up to the point in
24 time when he was representing himself.
25 MR. BURGASSER: Well, in the past she was able to go to

13
1 his house if he so requested. It also seems he could have it
2 mailed. That's not in the order, Your Honor. I believe that
3 would have been included in the order or it would have had to have
4 been--
5 MAGISTRATE JUDGE SCHROEDER: Let me cut through this --
6 and I'm not trying to prevent anybody from having their day in
7 court or having any legal argument, but I have to say, with all
8 due respect to the executive branch of the United States
9 Government, notwithstanding the precipice of danger that we find
10 ourselves in starting with 9/11, the economic crisis, what we
11 still have going on in the world, health care, the fragilis of
12 Government, the lack of respect of Government both by way of
13 corruption as well as by way of waste, I'm having a very difficult
14 time understanding why the United States Government is so
15 intimidated and so paranoid and so perplexed over what is in front
16 of me that it has gone to the point of taking up this Court's
17 time, taking up the U.S. Attorney's Office's time, and even going
18 to the grand jury in those two prior cases on so-called alleged
19 bail violations.
20 You know, if the U.S. Attorney's Office wants to do
21 something constructive and valuable to the public and to the
22 taxpayer, and they're concerned about filings and documents, I
23 strongly urge, as I have in the past, that they set up a special
24 unit over there to start pursuing the fraudulent financial
25 affidavits that are filed, especially in the drug cases where we

14
1 have people who haven't worked in ten years and are driving big,
2 expensive cars and don't have any means of support, but yet the
3 Government just seems to turn their head away.
4 But we're going to spend a lot of time on what I have
5 already described as a bunch of gibberish filed by Mr. Buczek. It
6 seems to me that it's somewhat vindictive and somewhat retaliatory
7 on the part of a certain assistant U.S. Attorney in pursuing this.
8 MR. BURGASSER: Who I hope is not
9 MAGISTRATE JUDGE SCHROEDER: It's not you, Mr. Burgasser.
10 It's not you, Mr. Burgasser.
11 MR. BURGASSER: Your Honor, if I could just address that?
12 I actually do take interest in the one comment you just made about
13 financial affidavits, and I would like to report that back to my
14 superiors.
15 MAGISTRATE JUDGE SCHROEDER: I wish you would because I
16 have said that probably from about the second year I went on this
17 bench.
18 MR. BURGASSER: We have no disagreement there.
19 But what I would like to say is I understand the Court's
20 time, I understand the assistant United States Attorney's time, as
21 well as our office's time, the time that's being taken up here --
22 and I know how the initial charges were laid was due to the time
23 that's being taken up by the Internal Revenue Service dealing with
24 certain individuals, not just perhaps this defendant, but other
25 individuals that are part of the sovereign citizen movement.

15
1 It's kind of like if everybody in the world stole a
2 nickel, it would be worth a lot. A nickel by itself doesn't mean
3 much. That's what's happening here in this case.
4 Mr. Buczek
5 MAGISTRATE JUDGE SCHROEDER: We have Mr. Madoff stealing
6 billions and the SEC didn't seem to be too concerned for ten
7 years, so that's a poor analogy.
8 MR. BURGASSER: The IRS -- and I've spoken to the IRS
9 agents, the Inspector General's Office, and apparently there's
10 quite a movement afoot that involves documents very similar to
11 this throughout the United States.
12 And but for the fact of a lot of motions that would have
13 been brought here in these proceedings, certain fraudulent
14 instruments and the continued filings in this court, perhaps less
15 time would have been taken up.
16 As far as what was happening in this case previously, as
17 I told the Court before, you know, I'm aware of the additional
18 counts that were added. I've taken a look at that since I was
19 here on Monday, and I'm here for the purpose of asking the Court
20 to revoke bail and, obviously, that's the Court's final
21 determination.
22 I'm also here on behalf of the U.S. Attorney's Office
23 asking for the Court to consider contempt under 3148(c).
24 We're also moving under 3148(b) as to the possible
25 federal crime, whether it be contempt or underneath 1521 of

21
1 communication in any form with any government agencies.
2 MAGISTRATE JUDGE SCHROEDER: In the context of these
3 three indictments. Mr. Bruce was all upset about how he was
4 communicating terrible things as it related to the three
5 indictments.
6 MR. BURGASSER: But also when we go to the order adding a
7 condition of release, again, I didn't think the Court was being
8 very fair both to the Government, as well as to Shane, by setting
9 up a way that he could contact even the Internal Revenue Service
10 or the Treasury Department, but it had to do with a specific
11 format.
12 And in one sense if there was going to be a telephone
13 call or some other form of contact, there needed to be one day
14 notice; if it's going to be something written or something that
15 was going to be filed or mailed to them, there was supposed to be
16 two day notice so it could be reviewed by Pretrial. If Pretrial
17 agreed with it, it could go; if not, it could be brought to the
18 Court and the Court would make a ruling on it.
19 And, obviously, that didn't occur in this case.
20 MAGISTRATE JUDGE SCHROEDER: All right. Now, let me
21 address the other issue with respect to Pretrial Services. I,
22 quite frankly, am -- I won't even say somewhat. I, quite frankly,
23 am disturbed about the way this whole thing generated.
24 We have a simple alleged bail violation. If Mr. Bruce
25 really was concerned about the bail violation, as we do in

22
1 practically all cases, the Government merely needs to file a
2 motion with an affidavit saying we believe that the defendant is
3 in violation of terms and conditions of bail and we're moving to
4 have his bail revoked.
5 I have some real serious problems with Mr. Bruce
6 unilaterally communicating with the Pretrial Services Unit of the
7 United States Probation Office, which is there to serve the Court,
8 not the U.S. Attorney's Office, having these conversations.
9 And I'm not sure what it is Mr. Bruce told Mr. Kawski,
10 but I will say to you in all candor that I am of the opinion that
11 Mr. Bruce may have even mislead Mr. Kawski as to the seriousness
12 of this violation or the content of what these documents were that
13 constituted a violation to the point that he got Mr. Kawski to
14 request an arrest warrant.
15 And then Mr. Bruce doesn't go to me, he doesn't go to
16 Judge Skretny, he ends up in front of the chief judge of the
17 district and gets that arrest warrant.
18 In the past, in much more serious cases, including
19 serious drug cases, people have been brought in on a summons when
20 there's a claim of a bail violation.
21 And when I look at the totality of the circumstances in
22 these three indictments, I am rapidly coming to the conclusion
23 without making a formal legal finding that Mr. Bruce is bent on
24 a path of vindictiveness and retaliation against this defendant.
25 He reminds me -- and my memory doesn't serve me well

23
1 enough to pull up the name -- but he is the inspector from
2 Les Miserables who would spend 20 years chasing the man who stole
3 a loaf of bread because he was starving.
4 Doesn't the United States Attorney's Office have more
5 important things to do? Crime running rampant out there, young
6 kids blowing their heads off every day, the drug scene out there
7 just outrageous, innocent people can't even drive down the streets
8 without being shot at, and here we're spending this time on this
9 ridiculous nonsense.
10 MR. BURGASSER: Your Honor, just one thing as to what you
11 said. It's my understanding -- and this is hearsay from
12 Mr. Bruce -- he advised me that he did contact your chambers and
13 was told that there were no matters pending before --
14 MAGISTRATE JUDGE SCHROEDER: There weren't. All my
15 motions had been decided.
16 MR. BURGASSER: And they were told they should go to the
17 district court. It's my understanding, from Mr. Bruce again, that
18 Judge Skretny was not available -- I don't know if Judge Skretny
19 was available or not available, but that's how it ended up in
20 front of Judge Arcara.
21 MAGISTRATE JUDGE SCHROEDER: Oh, I know that. My point
22 is why didn't he just file a motion saying it's the Government's
23 position that Mr. Buczek is in violation of bail, we're moving to
24 have his bail revoked, instead of going and getting Mr. Kawski
25 involved, getting the Probation Office involved and getting an

24
1 arrest warrant? We could have brought this all here on the
2 motion.
3 MR. BURGASSER: Your Honor, obviously, I don't have an
4 answer for that. I wasn't involved there --
5 MAGISTRATE JUDGE SCHROEDER: I know you weren't.
6 MR. BURGASSER: -- I was asked by Ms. Mehltretter and
7 Mr. Bruce to come and handle the revocation. Again, I'll carry
8 that concern back.
9 MAGISTRATE JUDGE SCHROEDER: I am afraid it won't do any
10 good.
11 MR. BURGASSER: Well, I'll still carry that concern back.
12 MAGISTRATE JUDGE SCHROEDER: No, I understand because
13 what happened after the last alleged bail violation is Mr. Bruce
14 ran to a grand jury and we have one of the indictments charging
15 which is another unheard of thing in this district, going to a
16 grand jury on a bail violation of this nature.
17 MR. BURGASSER: Your Honor, as I said at the beginning,
18 you know, we're looking at one defendant. I think, again, on
19 behalf of the Internal Revenue Service that are our office is
20 representing, that this has been an ongoing problem.
21 I believe that I have the agent here who, if you would
22 like to speak to her, put her under oath, she would be willing to
23 address the reasons behind Mr. Buczek, the amounts of paperwork
24 and liens and other documents --
25 MAGISTRATE JUDGE SCHROEDER: If that same effort would be

25
1 utilized to go after the millionaires in this country who dodge
2 our taxes, who have hidden accounts in Switzerland, who have all
3 kinds of underground income, we wouldn't have the deficits we
4 have.
5 MR. BURGASSER: Well, I believe they're attempting to do
6 the Swiss bank accounts.
7 MAGISTRATE JUDGE SCHROEDER: Well, they seem to be taking
8 an awful long time to even get the ball rolling. So don't tell me
9 about them spending a lot of time and hours on this kind of a
10 case.
11 MR. BURGASSER: Well, the amount of documents that are
12 filed by this group, sovereign citizens --
13 MAGISTRATE JUDGE SCHROEDER: That's something different.
14 We're dealing with an individual, Mr. Buczek.
15 This is an organization that's in existence throughout
16 the United States. If the IRS has concerns about a national
17 organization, they certainly have the tools and the manpower and
18 the muscle in Washington, D.C. to do what needs to be done, but
19 not picking on one individual in Buffalo, New York is going to
20 resolve the problems with this national organization, and to say
21 otherwise would be an insult to my intelligence.
22 MR. BURGASSER: I won't insult your intelligence, Your
23 Honor, but we are concerned --
24 MAGISTRATE JUDGE SCHROEDER: So no one gets the wrong
25 idea that I'm some left-wing liberal who has gone amuck, as you
26
1 well know, I worked in the Department of Justice, I was the United
2 States Attorney for the Western District of New York, I do know
3 how government works and I know what government is about and I
4 know what government's obligations are to serve the people.
5 MR. BURGASSER: I'm not arguing that point to the Court,
6 Your Honor.
7 All I'm saying is that the IRS is an agency that we
8 represent, there's a concern about Mr. Buczek, there's a concern
9 about the filings that have been made.
10 MAGISTRATE JUDGE SCHROEDER: I didn't realize they were
11 so fragile.
12 MR. BURGASSER: As far as what Mr. Bruce might be
13 thinking or what Mr. Bruce is doing, this is Mr. Bruce's case.
14 MAGISTRATE JUDGE SCHROEDER: I know. I'm not holding you
15 responsible for anything that Mr. Bruce did.
16 MR. BURGASSER: You know, looking on the face of the
17 paper, there's obviously, you know, in this AUSA's opinion,
18 there's a violation.
19 MAGISTRATE JUDGE SCHROEDER: All right. I understand.
20 Mr. Comerford, do you feel the need to say anything?
21 MR. COMERFORD: Judge, I was prepared to. But I will be
22 asking that bail be continued on the same conditions. If the
23 Court doesn't need to hear anymore, I won't take up more of the
24 Court's time.
25 MAGISTRATE JUDGE SCHROEDER: All right, I think that's a

31
1 stay to appeal it to the district court judge.
2 MAGISTRATE JUDGE SCHROEDER: I'm not going to grant the
3 stay. That's denied. He's in home confinement. It's not like
4 he's going to flee.
5 Anything else?
6 MR. COMERFORD: No, Your Honor.
7 MAGISTRATE JUDGE SCHROEDER: Thank you.
8 MR. BURGASSER: Thank you, Judge.
9 (WHEREUPON, the proceedings adjourned at 2:47 p.m.)
10 * * *
11 CERTIFICATE OF TRANSCRIBER
12
13 I certify that the foregoing is a correct transcript to the
14 best of my ability from the official electronic sound recording of
15 the proceedings in the above-entitled matter.
16
17 S/ Christi A. Macri
18 Christi A. Macri, FAPR-RMR-CRR-CRI
19
20
21
22
23
24
25

Buczek 20101012 Judicial Notice Title 18 Not Law, Etc 54 &amp; 121 &amp; 141

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Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 1 of 45

Honorable court of record

shane-christopher: buczek, MANDATORY JUDICIAL NOTICE of

UNITED STATES OF AMERICA

MANDATORY JUDICIAL NOTICE OF REPONSE TO FOREIGN AGENT MR.

In the matter of SHANE C BUCZEK, a U.S. Trust, Petitioner, shane-christopher: buczek,

Evidence 201 (d) and (t).

Dear Mr. Bruce,

Very truly yours,

geographic region known as New York Republic of America; SHANE C. BUCZEK is a

Exhibit "B" CIVIL DOCKET SHEET # 1:09-CV-01129-WMS

Exhibit "c" ANTHONY M. BRUCE VIOALTION OF THE FAIR DEBT COLLECTION

Department of the Treasury

Office of Inspector General

U.S. DEPARTMENT OF JUSTICE

Universal Postal Union

Eric Holder Jr.

lIll ilcd States At tOlIlL'\

liS /)l'il/\\I/I'I' ,\\'1'11111' /"

Shane C,. Buczek

Re: Enclosed letter/email

Investigation by the Federal Bureau of Investigation has determined that this

Very truly yours,

WILLIAM J. HOCHUL, JR.

BY: HONY '. BRUCE

pc: Dan Buczek (w/enclosure)

t ::~::;C~ ~7:±::::~S:~~f:: F:-~C:;:=!:2 LHiLi:: HLn: JuHn JLLHHH nlL;iL~ n lLiLLHLIJ

home search find a lawyer donate

> ; 1 > CHAPTER 63 > § 1341

§ 1341. Frauds and swindles

", cover only 20%

Audit Services for

of2 10110/2010 3:30 AM

U.S. DISTRICT COURT

Buczek v. United States of America DBA et al Date Filed: 12/30/2009

1 of 10 10/1 0120 10 12:24 AM

Jane Doe's 1-20 represented by Michael S. Cerrone

Aaron J. Mango represented by Michael S. Cerrone

Richard D. Kaufman represented by Michael S. Cerrone

50f1O 10110/2010 12:24 AM

IDate Filed # Docket Text

02116/2010 4 MOTION to Dismiss (Notice of Motion) by United States of America DBA,

02116/2010 DECLARATION signed by Michael S. Cerrone re 1. MOTION to Dismiss (Notice

04/0112010 MOTION to Dismiss by Mary C. Baumgarten, Marty J. Littlefield, Mary Pat

Trusiak, Stephan J. Baczynski, Thomas S. Duszkiewicz, Timothy Lynch, Trini

04/30/2010 NOTICE OF FELONY CRIMINAL COMPLAINT FOREIGN AGENT 22USC611

r05/0712010 MOTION to Dismiss (Notice of Motion) by Mary C. Baumgarten, Marty J.

05/07/2010 DECLARATION signed by MICHAEL S. CERRONE re 1~. MOTION to Dismiss

05/07/2010 MEMORANDUMIBRIEF re ..1...3. Declaration"" J2 MOTION to Dismiss (Notice of

0511412010 CERTIFICATE OF SERVICE by Shane Christopher Buczek re Notice of

07/09/2010 RESPONSE in opposition to Declaration, filed by Shane Christopher Buczek.

, . . .-.. .----.----- ~~80-·--·--·-··-·····-·-·-·-

Honorable court of record

NOTICE AND DEMAND TO VACATE JURY FINDING

I, the above third-party intervener, do hereby request demand to vacate jury

THERE WAS NO PROBABLE CAUSE TO INDICT PETITIONER FOR BANK FRAUD

HSBC/BESTBUY Petitioner Shane C. Buczek (Petitioner) tendered payment in the form of a

TITLE I>PART I>CHAPTER I>Sec. 1.>Sec. 8

Sec.8. - Obligation or other security of the United States defined

AUSA ANTHONY BRUCE IS A VINDICTIVE AND ABUSIVE DEBT COLLECTOR

committed jurisdictional reversible error in this case.

duties; is f! debt collector.

AUSA BRUCE ACTED WITH MALICE, WAS ABUSIVE, UNCONSCIENABLE AND

Buczek 20101012 Judicial Notice Title 18 Not Law, Etc 54 & 121 & 141

Buczek 20101012 Judicial Notice Title 18 Not Law, Etc 54 & 121 & 141