Вы находитесь на странице: 1из 39

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

FOR THE WESTERN DISTRICT OF NEW YORK ®



BUFFALO DIVISION
shane-christopher : buczek - judicial notice to the court )
of record: )
Plaintiff )
) CASE 09-CV-1129
Vs. ) AMENDED COMPLAINT
)
ANTHONY BRUCE ET. AL. & KATHLEEN M. ) AND
MEHLTRETTER, MARY C. BAUMGARTEN, MARTY J. ) RESPONSE
CONSTITUTIONAL ISSUE
LITTLEFIELD, MARY PAT FLEMING, J.P.KENNEDY, ) VEXING ABUSE OF OFFICE
JOSEPH M. GUERRA III, WILLIAM J. HOCHUL, )
JOSEPH J. KARASZEWSKI, MARGARET M. ) AMENDMENTS
MCFARLAND, AARON J. MANGO, CHARLES B. ) 1 ,2,4,5,7,8,9, 13
WYDYSH, EDWARD H. WHITE, GAILY. MITCHELL, )
GEORGEC. BURGASSER, GREGORY L. BROWN, ) NO ATTAINDER, NO
GRETCHEN L. WYLEGALA, JANE B. WOLF, JOEL L. ) EMOLUMENTS &
VIOLANTI, JOHN E. ROGOWSKI, JOSEPH M. TRIPI, ) NOTWITHSTANDING
KEVIN D. ROBINSON, MARIE P. GRISANTI, MARY C. ) FRCP8
KANE, MARY ELLEN KRESSE, MIKE DIGIACOMO, ) Claims for Relief
MOLLY ROACH, MONICA RICHARDS, PAUL J. )
CAMPANA, RICHARD D. KAUFMAN, RICHARD P. ) TITLE 42 § 12205
MAIGRET, ROBERT C. MOSCATI, ROBERT G. ) Attorney's fees .
TRUSIAK, STEPHAN J. BACZYNSKI THOMAS S. )
DUSZKIEWICZ, TIMOTHY LYNCH, TRINI ROSS, ) 28 U.S.C. § 1343
WILLIAM J. GILLMEISTER, WILLIAM J. KNAPP, ) Civil rights and elective
CYNTHIA M. DILICK, SHARON M. KNOPE, SAMUEL ) franchise
M. PALMIERE, BARBARA A. SWEITZER & WILLIAM )
J. HOCHUL, ET. AL. ... ) 42 U.S.C. § 1985
®, JOHN and JANE DOE'S 1-120 Defendants ) Conspiracy to interfere with
) civil rights
I reserve the right to add others as they become known to )
me ® ADDING DEFENDANTS AS THEY BECOME ) 28 U.S.C. § 1331
KNOWN TOME. ) FEDERAL QUESTION
)
)
)
FOR AND ON THE RECORD OF the honorable court of record: I, Shane-Christopher :Buczek, one of the people of the several union states of the American republic reserving all rights without recourse before this honorable court of record as of

- 1 - CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

age of majority and of competent and sound mind to state the following facts as true, correct and complete:

JURISDICTION

1. Jurisdiction of this honorable court of record is invoked pursuant to Article Three Section One, Equity and Common Law; Laws of the United States; Controversy between a State and citizens of another State, citizens of different States; Section Two causes affecting public ministers; Article One in amendment of the Constitution, Redress of Grievance against instrumentality of the Government; Article Four of Amendment. "The right of the people to be secure in their houses against unreasonable seizures"; Article Seven in Amendment common law suits values over twenty dollars; Article Nine in Amendment certain rights reserved by the people; Article Ten in Amendment powers not delegated to the United States nor the States; United States Statutes, codes, Title 42 USC 1985" regulation of authorities, Treaties, as more fully appears herein after.

2. Jurisdiction is accepted as offered by the United States for use of its District Court's powers at seat of Government pursuant to District of Columbia Code, under Article One Section Eight Clause 17, exclusive powers in the District. For Article III Full Judicial Powers application as found by reference to District of Columbia Code, 11 sec. 101; for Article One Section Eight, Clause Nine, Tribunals inferior to the Supreme Court, Public Law 91-358, Title 1 and III, Act of July 29, 1920,84 Stat. 475; Personal Jurisdiction over Defendants pursuant to District of Columbia Code, 13 sec. 423, Public Law 98-358, Title 1 sec. 132(a); Act of July 29, 1920,84 stat. 544, jurisdiction over enduring relationship, over conduct of those domiciled in or maintaining course of conduct, or being funded for services rendered in the District and/or services outside the District; inclusive of all evidence taken under the law as found by reference in District of Columbia Code 14 sec. 101.

3. 28 U.S.C. § 1331. Federal question

The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

Remedy demanded:

1. FOREIGN REGISTRATION ACT OF 1938 DEMAND PROOF OF FOREIGN

REGISTRATION STATEMENT ON FILE WITH BONDING AGENT LISTED AND LICENSE TO DO BUSINESS IN THE STATE OF NEW YORK.

2. TITLE 42 > CHAPTER 21> SUBCHAPTER I > Sec. 1988.

3. Obliterated Instrument fines .

4. Process server's fees. . . . . . . . . . . . . . . .. Waived

5. Other (specify): . . . . . . . . . . . . . . . . . . .. 15,000,000.00 per color oflaw violation

- 2 -

CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Enter default of defendants CORPORA FICTA Employee(s); ET AL Respondents, (Estate of Macias v. Lopez, 42 F. Supp.2d 957, 962 (N.D. Cal. 1999).

Per Defendant, Violation of Constitutional rights by custom & policy.

6. TOTAL 45 and John and Jane Doe 1-120 defendants times violations is the sum of 565.8

million, reserving the right to add defendants as they become known.

7. Time spent falsely arrested. 1000 per minute 1,044,000 minutes held illegally; in a case in which the city was accused of failing to properly train its officers, the Tenth Circuit Federal Court of Appeals (West) upheld an award of$100,000 against the city and $2,100 against the police officers. As a result of a 23 minute improper stop of a motorist, the Eleventh Circuit Federal court of Appeals (South East) upheld a jury award of $25,000. Trezevant v. City of Tampa,

741 F.2d 336 (11th Cir. 1984).6. Time spent falsely arrested. 1000 per minute x minutes held illegally for 1,044,000 minutes;

In a case in which the city was accused of failing to properly train its officers, the Tenth Circuit Federal Court of Appeals (West) upheld an award of$100,000 against the city and $2,100 against the police officers. As a result of a 23 minute improper stop of a motorist, the Eleventh Circuit Federal court of Appeals (South East) upheld a jury award of $25,000. Trezevant v. City of Tampa, 741 F.2d 336 (11th Cir. 1984).

Number of CORPORA FICTA Employee(s); 45 multiplied by 15 million = 675,000,000.00 million

Number of minutes held without a warrant 1,044,000 minutes, multiplied by 1000 = 1,044,000,000.00 million

Grand Total for False arrest under color oflaw is payable only in Gold & Silver, is 1,719,000,000.00 billion.

Question of Jurisdiction.

Habeas Corpus stays all other proceedings. I am factually innocent and the waiving of my rights done under duress is void. I am incarcerated by ankle bracelet suffering great financial harm and am filing forma pauperis,

You have exactly 20 days in which to answer each and every claim for damages arising from this ~ase and to furnish the sworn Affidavit of Truth(s). A public servant loses his immunity once he or she becomes a trespasser of the law and the 60 day default does not pertain to them as DBA's, as ~hey are now at risk in their private unlimited liability personal capacity.

I

STATEMENT OF CLAIM

CLAIMl

TITLE 18 > PART I > CHAPTER 113C > § 2340

- 3 - CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2

3

4

5

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Definitions

As used in this chapter-

(1) "torture" means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;

(2) "severe mental pain or suffering" means the prolonged mental harm caused by or resulting from-

(A) the intentional infliction or threatened infliction of severe physical pain or suffering;

(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

(C) the threat of imminent death; or

(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and

Statement 1. The harmful acts of Mr. Anthony Bruce are that of someone who has a

personal private vendetta, revenge, and is seeking to continue to inflict suffering against me.

I am profoundly personally and privately affected as is my family by MR. ANTHONY

BRUCE'S and/or Mr. Anthony Bruce's and his accomplices', associates', and contractors'

(heretofore and hereafter referred to jointly and severally as "Bruce" and/or "Bruce Et.

AI." / "Mr. Bruce" / "Bruce's" / "he" / "his" / "him" / "them" / "theirs" / "defendants" /

"DEFENDANTS") breaking and entering into my family's private home, and forcing me to

relocate, and making me disenfranchised, and obstructing my private rights to redress this

grievance and I have been caused by "Bruce's" personal and private vindictive acts to fear

for what "he" will do to me or my family. See Exhibit A & B & C Transcripts August 20,

2009.

CLAIM 2

TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE PART VI--PARTICULAR PROCEEDINGS

CHAPTER 153--HABEAS CORPUS

Sec. 2248. Return or answer; conclusiveness

- 4- CONSTITUTIONAL ISSUE

vindictive prosecutiow 1,719,000,000.00 billion Due forthwith

1 2

3 4

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

The allegations of a return to the writ of habeas corpus or of an answer to an order to show cause in a habeas corpus proceeding, if not traversed, shall be accepted as true except to the extent that the judge finds from the evidence that they are not true.

Statement 2. I, shane-christopher: buczek has not received any response to shane's petition

and the question raised and the court has failed to show cause, why shane-christopher:

buczek should not be released forthwith and be justly compensated for his false arrest.

CLAIM 3

TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE PART VI--PARTICULAR PROCEEDINGS

CHAPTER 153--HABEAS CORPUS

Sec. 2249. Certified copies of indictment, plea and judgment; duty of respondent

On application for a writ of habeas corpus to inquire into the detention of any person pursuant to a judgment of a court of the United States, the respondent shall promptly file with the court certified copies of the indictment, plea of petitioner and the judgment, or such of them as may be material to the questions raised, if the petitioner fails to attach them to his petition, and same shall be attached to the return to the writ, or to the answer to the order to show cause.

Statement 3. The court has not shown cause why shane-christopher: buczek is still on ankle

bracelet when he is factually innocent! No Real Party and no actual original claim or

charging instrument against shane-christopher: buczek that has been certified into the

record by any real injured party.

QUOTE MAGISTRATE JUDGE SCHROEDER ... "I am rapidly coming to the conclusion --

without making a formal legal finding -- that Mr. Bruce is bent on a path of vindictiveness and ilretaliation against this defendant. He reminds me and my memory doesn't serve me well

I

enough to pull up the name but he is the inspector from Les Miserables who would spend 20 I

I

~ears chasing the man who stole a loaf of bread because he was starving. Doesn't the United

IStates Attorney's Office have more important things to do? Crime running rampant out there

~oung kids blowing their heads off every day, the drug scene out there just outrageous, - 5 -

CONSTITUTIONAL ISSUE

vindictive prosecuiiow 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

innocent people can't even drive down the streets without being shot at, and here we're

spendmg this time on this ridiculous nonsense." August 20, 2009 page 21-24

CLAIM 4

TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE PART VI--PARTICULAR PROCEEDINGS

CHAPTER 153--HABEAS CORPUS

Sec. 2250. Indigent petitioner entitled to documents without cost

If on any application for a writ of habeas corpus an order has been made permitting the petitioner to prosecute the application in forma pauperis, the clerk of any court of the United States shall furnish to the petitioner without cost certified copies of such documents or parts of the record on file in his office as may be required by order of the judge before whom the application is pending.

STATEMENT 4. I, shane- christopher: buczek, has been disenfranchised and has no

money to pay the attainders asked above and beyond the emoluments allowed by the

constitution. shane-christopher: buczek is entitled to forma pauperis without costs to him.

CLAIMS

TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE PART VI--PARTICULAR PROCEEDINGS

CHAPTER 153--HABEAS CORPUS

Sec. 2243. Issuance of writ; return; hearing; decision

A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.

The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed. The person to whom the writ or order is directed shall make a return certifying the true cause of the detention. When the writ or order is returned, a day shall be set for hearing, not more than five days after the return unless for good cause additional time is allowed. Unless the application for the writ and the return present only issues of law, the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts. The return and all suggestions made against it may be amended, by leave of court, before or after being filed. The court shall summarily hear and

- 6 - CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2

3

4

5

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

determine the facts, and dispose of the matter as law and justice require.

STATEMENT 5. This court must show cause as to why shane-christopher: buczek is being

held in custody by an ankle bracelet when there has been no motion to show cause

presented by this court and that the time has exceeded 20 days and the court must release

shane-christopher: buczek Forthwith.

CLAIM 6

President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

STATEMENT 6. shane-christopher: buczek is not a public servant and may not be

impeached. Therefore there must be a jury present as a right guaranteed by the

Constitution and demanded within the rights of shane.

Marbury v. Madison, 1 Cranch 137, 177, that "It is emphatically the province and duty of the judicial department to say what the law is." Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3, "to support this Constitution." ...

CLAIM 7 "Bruce" shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors

STATEMENT 7. "Bruce", purporting to be a public servant may be impeached in any

hearing without a jury present at any time the court feels is appropriate "Bruce", who has

sworn to support the U.S. Constitution, has violated his oath. See Exhibit A&B and D.

CLAIM 8 All United States Corporate Ficta Officers are required to provide proof of foreign registration statement on file with the bonding agent listed.

STATEMENT 8. THE DEFENDANTS IN THEIR CAPACITY AS FOREIGN AGENTS

- 7 - CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2 3 4

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

PURSUANT TO THE FOREIGN REGISTRATION ACT OF 1938 ARE REQUIRED TO

PROVIDE PROOF OF FOREIGN REGISTRATION STATEMENT ON FILE WITH

BONDING AGENT LISTED AND TO PROVIDE LICENSES TO DO BUSINESS IN THE

STATE OF NEW YORK.

CLAIM 9 All United States Corporate Ficta Officers are required to provide proof of Oath and Bond to indemnify the American people otherwise they are considered nothing more than impersonators and imposters in their unlimited liability capacity conspiring to mislead the American people.

STATEMENT 9. THE DEFENDANTS Also must have all Oaths of Allegiance on file with

the State Department and must provide proof for when asked. Foreign Agents who might

commit fraud, Sedition, and Violation of the RICO Statues etc ..• enacted must be bonded to

protect the Sovereign people of America from Harm. The current Foreign Government

operating under color of law in America is the Socialist, Marxist Democracy sitting and

controlling the District of Columbia, Washington D.C. Their Agents are as follows

Pursuant to Title 22 (sections 611 & 612): FBI, Interpol, BATF, IRS ,Federal Marshals, US

Attorney's all Federal Judges, President of the U.S., his entire Cabinet and Federal Reserve

Banking System and U.N., JDL, Anti-Defamations League of B' nai Brith, Southern

Poverty Law Center. They along with "Bruce" are all unregistered Foreign Agents

operating illegally in our De-jure Republic. All these Agencies are operating illegally

pursuant to the 1938 Foreign Registration Act. All these agencies are operating in violation

of this Act and can and should be held civilly and criminally, liable as individuals as well as

- 8 - CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

the agencies they purport to represent. Understand that all federal agencies fall into this

Foreign Agent Status including the EPA creating more all the time in violation of this Act

and the Constitution and Bill of Rights with the assistance of all the Corporate States. We

must clean this mess up and restore the Republic and prevent the piracy against the

American people.

The Foreign Agents Registration Act is a United States law (22 U.S.C . .§..Qll et seq.) passed in

1938 requiring that agents representing the interests of foreign powers be properly identified to

the American public.ill The act was passed in response to German propaganda in the lead-up to

World War II. The Foreign Agent Registration Unit within the Criminal Division of the

Department of Justice is charged with handling the enforcement of the law.

u.s. Code Browse

TITLE 22--FOREIGN RELATIONS AND INTERCOURSE CHAPTER Il--FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER I --GENERALL Y

ISec. 601. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948

II--REGISTRATION OF FOREIGN PROPAGANDISTS

IISec. 611. Definitions !

TITLE 22--FOREIGN RELATIONS AND INTERCOURSE

CHAPTER I1--FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II--REGISTRATION OF FOREIGN PROPAGANDISTS

- 9 - CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2

3

4

5

6

7

8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Sec. 611. Definitions

As used in and for the purposes of this subchapter--

(a) The term "person" includes an individual, partnership, association, corporation, organization, or any other combination of [ndividuals;

(b) The term "foreign principal" includes--

(1) a government of a foreign country and a foreign political party;

(2) a person outside ofthe United States, unless it is established that such person is an individual and a citizen of and domiciled within the United States, or that such person is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States; and

(3) a partnership, association, corporation, organization, or

other combination of persons organized under the laws of or having its principal place of business in a foreign country.

(c) Expect \ 1 \ as provided in subsection (d) of this section, the term "agent of a foreign principal" means--

,

~--------------------------------------------------------------------------

\1\ So in original. Probably should be "Except".

~--------------------------------------------------------------------------

25

(1) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal, and who directly or through any other person--

(i) engages within the United States in political activities for or in the interests of such foreign principal;

(ii) acts within the United States as a public relations counsel, publicity agent, information-service employee or political consultant for or in the interests of such foreign principal;

(iii) within the United States solicits, collects,

disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of such foreign

- 10- CONSTITUTIONAL ISSUE

vin.dictive prosecution. 1,719,000,000.00 billion Due forthwith

26

--____)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

principal; or

(iv) within the United States represents the interests of such foreign principal before any agency or official of the Government of the United States; and

(2) any person who agrees, consents, assumes or purports to act as, or who is or holds himself out to be, whether or not pursuant to contractual relationship, an agent of a foreign principal as defined in clause (1) of this subsection.

(d) The term "agent of a foreign principal" does not include any news or press service or association organized under the laws of the pnited States or of any State or other place subject to the jurisdiction of the United States, or any newspaper, magazine, periodical, or other publication for which there is on file with the United States Postal Service information in compliance with section 3611 \2\ oftitle 39, published in the United States, solely by virtue of any bona fide news or journalistic activities, including the solicitation or acceptance of advertisements, subscriptions, or other compensation therefor, so long as it is at least 80 per centum beneficially owned by, and its officers and directors, if any, are citizens of the United States, and such news

'[[Page 243]]

pr press service or association, newspaper, magazine, periodical, or other publication, is not owned, directed, supervised, controlled, Isubsidized, or financed, and none of its policies are determined by any foreign principal defined in subsection (b) of this section, or by any agent of a foreign principal required to register under this subchapter;

~--------------------------------------------------------------------------

\2\ So in original. Probably should be section "3685".

(e) The term" government of a foreign country" includes any person or group of persons exercising sovereign de facto or de jure political jurisdiction over any country, other than the United States, or over any part of such country, and includes any subdivision of any such group and 'any group or agency to which such sovereign de facto or de jure authority or functions are directly or indirectly delegated. Such term Ishall include any faction or body of insurgents within a country

assuming to exercise governmental authority whether such faction or body of insurgents has or has not been recognized by the United States;

(1) The term "foreign political party" includes any organization

- 11 - CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

pr any other combination of individuals in a country other than the IUnited States, or any unit or branch thereof, having for an aim or purpose, or which is engaged in any activity devoted in whole or in part to, the establishment, administration, control, or acquisition of administration or control, of a government of a foreign country or a subdivision thereof, or the furtherance or influencing of the political

br public interests, policies, or relations of a government of a foreign

I

'country or a subdivision thereof;

(g) The term "public-relations counsel" includes any person who ~ngages directly or indirectly in informing, advising, or in any way representing a principal in any public relations matter pertaining to political or public interests, policies, or relations of such principal;

(h) The term "publicity agent" includes any person who engages directly or indirectly in the publication or dissemination of oral, ~isual, graphic, written, or pictorial information or matter of any

~ind, including publication by means of advertising, books, periodicals, newspapers, lectures, broadcasts, motion pictures, or otherwise;

! (i) The term "information-service employee" includes any person hrho is engaged in furnishing, disseminating, or publishing accounts, '~escriptions, information, or data with respect to the political, industrial, employment, economic, social, cultural, or other benefits, advantages, facts, or conditions of any country other than the United 'IStates or of any government of a foreign country or of a foreign political party or of a partnership, association, corporation, organization, or other combination of individuals organized under the laws of, or having its principal place of business in, a foreign ~ountry;

I G) Repealed. Pub. L. 104-65, Sec. 9(1)(A), Dec. 19, 1995, 109 Stat. 099.

(k) The term "registration statement" means the registration statement required to be filed with the Attorney General under section 1612(a) of this title, and any supplements thereto required to be filed ~der section 612(b) of this title, and includes all documents and papers required to be filed therewith or amendatory thereof or supplemental thereto, whether attached thereto or incorporated therein by reference;

'I (1) The term "American republic" includes any of the states which rwere signatory to the Final Act of the Second Meeting of the Ministers bfForeign Affairs of the American Republics at Habana, Cuba, July 30, 1940;

i (m) The term "United States", when used in a geographical sense, ~ncludes the several States, the District of Columbia, the Territories,

- 12 - CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

I

~e Canal Zone, the insular possessions, and all other places now or

hereafter subject to the civil or military jurisdiction of the United States;

i (n) The term "prints" means newspapers and periodicals, books,

I

'pamphlets, sheet music, visiting cards, address cards, printing proofs,

engravings, photographs, pictures, drawings, plans, maps, patterns to be cut out, catalogs, prospectuses, advertisements, and printed, engraved, ~ithographed, or autographed notices of various kinds, and, in general, all impressions or reproductions obtained on paper or other material assimilable to paper, on parchment or on cardboard, by means of 'printing, engraving, lithography, autography, or any other easily recognizable mechanical process, with the exception of the copying press, stamps with movable or immovable type, and the typewriter;

(0) The term "political activities" means any activity that the

rerson engaging in believes will, or that the person intends to, in any ~ay influence any agency or official of the Government of the United 'States or any section of the public within the United States with reference to formulating, adopting, or changing the domestic or foreign policies of the United States or with reference to the political or

public interests, policies, or relations of a government of a foreign country or a foreign political party;

(P) The term "political consultant" means any person who engages

~n informing or advising any other person with reference to the domestic pr foreign policies of the United States or the political or public

~nterest, policies, or relations of a foreign country or of a foreign political party.

i(June 8, 1938, ch. 327, Sec. 1,52 Stat. 631; Aug. 7, 1939, ch. 521, ISec. 1,53 Stat. 1244; Apr. 29, 1942, ch. 263, Sec. 1,56 Stat. 249; froc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Sept. 23, 11950, ch. 1024, title I, Sec. 20(a), 64 Stat. 1005; Aug. 1, 1956, ch. 1849, Sec. 1, 70 Stat. 899; Pub. L. 87-366, Sec. 1, Oct. 4, 1961, 75 Stat. 784; Pub. L. 89-486, Sec. 1, July 4, 1966,80 Stat. 244; Pub. L. 91-375, Sec. 6(k), Aug. 12, 1970,84 Stat. 782; Pub. L. 104-65,

Sec. 9(1), Dec. 19, 1995, 109 Stat. 699.)

References in Text

For definition of Canal Zone, referred to in subsec. (m), see section 3 602(b) of this title.

Codification

- 13 - CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

I Words "including the Philippine Islands," omitted from definition be 'United States" in subsec. (m) pursuant to Proc. No. 2695, which granted independence to the Philippines under the authority of section 1394 of this title, under which section Proc. No. 2695 is set out as a note,

Amendments

1995--Subsec. (j). Pub. L. 104-65, Sec. 9(1 )(A), struck out subsec. l(j) which read as follows: "The term 'political propaganda' includes any oral, visual, graphic, written,

[[Page 244]]

pictorial, or other communication or expression by any person (1) which ~s reasonably adapted to, or which the person disseminating the same believes will, or which he intends to, prevail upon, indoctrinate,

convert, induce, or in any other way influence a recipient or any

Isection of the public within the United States with reference to the political or public interests, policies, or relations of a government of

~ foreign country or a foreign political party or with reference to the foreign policies of the United States or promote in the United States racial, religious, or social dissensions, or (2) which advocates,

advises, instigates, or promotes any racial, social, political, or

religious disorder, civil riot, or other conflict involving the use of

force or violence in any other American republic or the overthrow of any government or political subdivision of any other American republic by fmy means involving the use of force or violence. As used in this subsection the term 'disseminating' includes transmitting or causing to be transmitted in the United States mails or by any means or ~nstrumentality of interstate or foreign commerce or offering or causing

I

to be offered in the United States mails;".

Subsec. (0). Pub. L. 104-65, Sec. 9(1)(B), substituted "any activity that the person engaging in believes will, or that the person intends to, in any way influence" for' 'the dissemination of political propaganda and any other activity which the person engaging therein believes will, or which he intends to, prevail upon, indoctrinate, convert, induce, persuade, or in any other way influence".

I

! Subsec. (p). Pub. L. 104-65, Sec. 9(1 )(C), substituted a period for

semicolon at end.

I

- 14-

CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

. Subsec. (q). Pub. L. 104-65, Sec. 9(1)(D), struck out subsec. (q) which read as follows: "For the purpose of section 613(d) of this title, activities in furtherance of the bona fide commercial, industrial pr financial interests of a domestic person engaged in substantial commercial, industrial or financial operations in the United States

I

shall not be deemed to serve predominantly a foreign interest because

isuch activities also benefit the interests of a foreign person engaged

~n bona fide trade or commerce which is owned or controlled by, or which pwns or controls, such domestic person: Provided, That (i) such foreign person is not, and such activities are not directly or indirectly

supervised, directed, controlled, financed or subsidized in whole or in Isubstantial part by, a government of a foreign country or a foreign [political party, (ii) the identity of such foreign person is disclosed

~o the agency or official of the United States with whom such activities are conducted, and (iii) whenever such foreign person owns or controls isuch domestic person, such activities are substantially in furtherance of the bona fide commercial, industrial or financial interests of such domestic person."

1970--Subsec. (d). Pub. L. 91-375 substituted "file with the United States Postal Service information in compliance with section 3611 of ~itle 39" for "file with the Postmaster General a sworn statement in compliance with section 2 of the Act of August 24, 1912 (37 Stat. 553), ~s amended".

i 1966--Subsec. (b). Pub. L. 89-486, Sec. 1(1), redesignated former

I

pars. (3) and (4) as (2) and (3), substituted in such par. (3)

ii" combination of persons" for" combination of individuals" and struck out from definition of "foreign principal" former pars. (2), (5), and

(6) which included "(2) an individual affiliated or associated with, or Isupervised, directed, controlled, financed, or subsidized, in whole or in part, by any foreign principal defined in clause (1) of this subsection"; "(5) a domestic partnership, association, corporation, organization, or other combination of individuals, subsidized directly or indirectly, in whole or in part, by any foreign principal defined in

I

clause (1), (3), or (4) of this subsection"; and "(6) a domestic

partnership, association, corporation, or other combination of !individuals, supervised, directed, controlled, or financed, in whole or ~n substantial part, by any foreign government or foreign political party".

I Subsec. (c). Pub. L. 89-486, Sec. 1 (2), amended provisions generally to redefine" agent of a foreign principal" by specifying four

categories of activities creating the agency relationship where person acts as agent, employee, representative, or servant or at the order of,

I

- 15 - CONSTITUTIONAL ISSUE

vindictive prosecutiow 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

pr under the control of, a foreign principal, by requiring a showing not pnly of foreign connections but also of certain activities performed by ~he agent for foreign interests, by making change as it relates to problem of indirect control exerted by foreign principals over their agents, by including political activities and actions as political bonsultant, by excluding attorneys from the relationship, by incorporating provisions of former par. (3) in par. (2) where a person assumes or purports to act as an agent of a foreign principal, and by eliminating the separate category for military or governmental officials contained in former par. (4).

Subsec. (d). Pub. L. 89-486, Sec. 1(3), struck out "clause (1), (2), or (4) of" before "subsection (b)".

I

I Subsec. (g). Pub. L. 89-486, Sec. 1(4), inserted "public

relations" before' 'matter pertaining to" and "of such principal" after "or relations".

I Subsecs. (0) to (q). Pub. L. 89-486, Sec. 1(5), added subsecs. (0) ~o (q).

I 1961--Subsec. (b)(6). Pub. L. 87-366 added par. (6).

! 1956--Subsec. (c)(5). Act Aug. 1, 1956, repealed par. (5) which ~ncluded within definition of" agent of a foreign principal" any

person trained in foreign espionage systems with certain exceptions. See sections 851 and 852 of Title 50, War and National Defense.

i 1950--Subsec. (c)(5). Act Sept. 23, 1950, added par. (5).

I 1942--Act Apr. 29, 1942, amended section generally to redefine terms used in this subchapter.

1939--Act Aug. 7, 1939, amended section generally to redefine terms used in this subchapter.

Effective Date of 1995 Amendment

Amendment by Pub. L. 104-65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104-65, set out as an Effective Date note under section 1601 of Title 2, The Congress.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note

- 16- CONSTITUTIONAL ISSUE

vindictive prosecutiorc 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

breceding section 101 of Title 39, Postal Service.

Effective Date of 1966 Amendment

i Section 9 of Pub. L. 89-486 provided that: "This Act [enacting

I

,sections 219 and 613 of Title 18, Crimes and Criminal Procedure, and

~ending this section and sections 612 to 616 and 618 of this title] shall take effect ninety days after the date of its enactment [July 4, !1966]."

Effective Date of 1942 Amendment

Section 3 of act Apr. 29, 1942, provided that: "This Act [amending ~his subchapter] shall take effect on the sixtieth day after the date of its approval, except that prior to such sixtieth day the Attorney

IGeneral may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out the provisions of this Act

I[ amending this subchapter]."

Effective Date

i Section 7 of act June 8, 1938, provided that: "This Act [enacting this subchapter] shall take effect on the ninetieth day after the date of its enactment [June 8, 1938]."

I

Short Title

! Section 14 of act June 8, 1938, as added by act Apr. 29, 1942, ISec. 1, provided that: "This Act [enacting this subchapter] may be cited as the 'Foreign Agents Registration Act of 1938, as amended'." i

1[[Page 245]]

Separability; Effect on Existing Law

Sections 12 and 13 of act June 8, 1938, as added by act Apr. 29, 942, Sec. 1, provided that:

"Sec. 12. If any provision of this Act [enacting this subchapter],

- 17 - CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

br the application thereof to any person or circumstances, is held iinvalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected ~ereby.

"Sec. 13. This Act [enacting this subchapter] is an addition to and 60t in substitution for any other existing statute."

Transfer of Functions

Section 2 of act Apr. 29, 1942, provided that: "Upon the effective ~ate of this Act [see Effective Date of 1942 Amendment note above], all ~owers, duties, and functions of the Secretary of State under the Act of June 8, 1938 (52 Stat. 631), as amended [this subchapter], shall be ~ransferred to and become vested in the Attorney General, together with ~ll property, books, records, and unexpended balances of appropriations Used by or available to the Secretary of State for carrying out the functions devolving on him under the above-cited Act. All rules, ~egulations, and forms which have been issued by the Secretary of State pursuant to the provisions of said Act, and which are in effect, shall continue in effect until modified, superseded, revoked, or repealed."

Policy and Purpose of Subchapter

. Act Apr. 29, 1942, amending generally act June 8, 1938, added an ~pening paragraph preceding section 1 of the latter act and reading as follows: "It is hereby declared to be the policy and purpose of this ~ct [enacting this subchapter] to protect the national defense, internal security, and foreign relations of the United States by requiring public pisclosure by persons engaging in propaganda activities and other activities for or on behalf of foreign governments, foreign political parties, and other foreign principals so that the Government and the people of the United States may be informed of the identity of such persons and may appraise their statements and actions in the light of their associations and activities."

i

Sec. 612. Registration statement ISec. 612. Registration statement

- 18 - CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

i(a) Filing; contents

No person shall act as an agent of a foreign principal unless he has filed with the Attorney General a true and complete registration statement and supplements thereto as required by subsections (a) and (b) 'of this section or unless he is exempt from registration under the

I

provisions of this subchapter. Except as hereinafter provided, every

person who becomes an agent of a foreign principal shall, within ten days thereafter, file with the Attorney General, in duplicate, a registration statement, under oath on a form prescribed by the Attorney IGenerai. The obligation of an agent of a foreign principal to file a 'registration statement shall, after the tenth day of his becoming such agent, continue from day to day, and termination of such status shall not relieve such agent from his obligation to file a registration statement for the period during which he was an agent of a foreign rrincipal. The registration statement shall include the following, which shall be regarded as material for the purposes of this subchapter:

(1) Registrant's name, principal business address, and all other business addresses in the United States or elsewhere, and all residence addresses, if any;

(2) Status of the registrant; if an individual, nationality; if

a partnership, name, residence addresses, and nationality of each partner and a true and complete copy of its articles of

copartnership; if an association, corporation, organization, or any other combination of individuals, the name, residence addresses, and nationality of each director and officer and of each person performing the functions of a director or officer and a true and complete copy of its charter, articles of incorporation,

association, constitution, and bylaws, and amendments thereto; a copy of every other instrument or document and a statement of the terms and conditions of every oral agreement relating to its organization, powers, and purposes; and a statement of its ownership and control;

(3) A comprehensive statement of the nature of registrant's business; a complete list of registrant's employees and a statement of the nature of the work of each; the name and address of every foreign principal for whom the registrant is acting, assuming or purporting to act or has agreed to act; the character of the business or other activities of every such foreign principal, and,

if any such foreign principal be other than a natural person, a

- 19- CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2

3 4

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

statement of the ownership and control of each; and the extent, if any, to which each such foreign principal is supervised, directed, owned, controlled, financed, or subsidized, in whole or in part, by any government of a foreign country or foreign political party, or by any other foreign principal;

(4) Copies of each written agreement and the terms and

conditions of each oral agreement, including all modifications of such agreements, or, where no contract exists, a full statement of

all the circumstances, by reason of which the registrant is an agent

of a foreign principal; a comprehensive statement of the nature and method of performance of each such contract, and of the existing and proposed activity or activities engaged in or to be engaged in by

the registrant as agent of a foreign principal for each such foreign principal, including a detailed statement of any such activity which

is a political activity;

(5) The nature and amount of contributions, income, money, or thing of value, if any, that the registrant has received within the preceding sixty days from each such foreign principal, either as compensation or for disbursement or otherwise, and the form and time of each such payment and from whom received;

(6) A detailed statement of every activity which the registrant

is performing or is assuming or purporting or has agreed to perform for himself or any other person other than a foreign principal and which requires his registration hereunder, including a detailed statement of any such activity which is a political activity;

(7) The name, business, and residence addresses, and if an individual, the nationality, of any person other than a foreign principal for whom the registrant is acting, assuming or purporting to act or has agreed to act under such circumstances as require his registration hereunder; the extent to which each such person is supervised, directed, owned, controlled, financed, or subsidized, in whole or in part, by

1[[Page 246]]

!

any government of a foreign country or foreign political party or by any other foreign principal; and the nature and amount of contributions, income, money, or thing of value, if any, that the registrant has received during the preceding sixty days from each such person in connection with any of the activities referred to in clause (6) of this subsection, either as compensation or for disbursement or otherwise, and the form and time of each such

- 20- CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

payment and from whom received;

(8) A detailed statement of the money and other things of value spent or disposed of by the registrant during the preceding sixty days in furtherance of or in connection with activities which

require his registration hereunder and which have been undertaken by him either as an agent of a foreign principal or for himself or any other person or in conection \1 \ with any activities relating to his becoming an agent of such principal, and a detailed statement of any contributions of money or other things of value made by him during the preceding sixty days (other than contributions the making of which is prohibited under the terms of section 613 \2\ of title 18)

in connection with an election to any political office or in

connection with any primary election, convention, or caucus held to select candidates for any political office;

~--------------------------------------------------------------------------

i

! \ 1 \ So in original. Probably should be "connection".

\2\ See References in Text note below.

~--------------------------------------------------------------------------

(9) Copies of each written agreement and the terms and conditions of each oral agreement, including all modifications of such agreements, or, where no contract exists, a full statement of all the circumstances, by reason of which the registrant is performing or assuming or purporting or has agreed to perform for himself or for a foreign principal or for any person other than a foreign principal any activities which require his registration hereunder;

(10) Such other statements, information, or documents pertinent to the purposes of this subchapter as the Attorney General, having due regard for the national security and the public interest, may from time to time require;

(11) Such further statements and such further copies of documents as are necessary to make the statements made in the registration statement and supplements thereto, and the copies of documents furnished therewith, not misleading.

I(b) Supplements; filing period

i Every agent of a foreign principal who has filed a registration Istatement required by subsection (a) of this section shall, within

thirty days after the expiration of each period of six months succeeding such filing, file with the Attorney General a supplement thereto under path, on a form prescribed by the Attorney General, which shall set

- 21 - CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2 3 4 5

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

forth with respect to such preceding six months' period such facts as ~he Attorney General, having due regard for the national security and

the public interest, may deem necessary to make the information required under this section accurate, complete, and current with respect to such period. In connection with the information furnished under clauses (3), (4), (6), and (9) of subsection (a) of this section, the registrant

shall give notice to the Attorney General of any changes therein within ~en days after such changes occur. If the Attorney General, having due regard for the national security and the public interest, determines

that it is necessary to carry out the purposes of this subchapter, he ~ay, in any particular case, require supplements to the registration statement to be filed at more frequent intervals in respect to all or particular items of information to be furnished.

!

(c) Execution of statement under oath

,

I The registration statement and supplements thereto shall be executed under oath as follows: If the registrant is an individual, by him; if

the registrant is a partnership, by the majority of the members thereof; ~f the registrant is a person other than an individual or a partnership, by a majority of the officers thereof or persons performing the functions of officers or by a majority of the board of directors thereof pr persons performing the functions of directors, if any.

I

(d) Filing of statement not deemed full compliance nor as preclusion

! from prosecution

The fact that a registration statement or supplement thereto has been filed shall not necessarily be deemed a full compliance with this subchapter and the regulations thereunder on the part of the registrant; bor shall it indicate that the Attorney General has in any way passed upon the merits of such registration statement or supplement thereto; nor shall it preclude prosecution, as provided for in this subchapter, ~or willful failure to file a registration statement or supplement thereto when due or for a willful false statement of a material fact therein or the willful omission of a material fact required to be stated therein or the willful omission of a material fact or copy of a material document necessary to make the statements made in a registration

I

statement and supplements thereto, and the copies of documents furnished

therewith, not misleading.

II( e) Incorporation of previous statement by reference

- 22- CONSTITUTIONAL ISSUE

vindictive prosecutiow 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

If any agent of a foreign principal, required to register under the provisions of this subchapter, has previously thereto registered with

~he Attorney General under the provisions of section 2386 of title 18, ~he Attorney General, in order to eliminate inappropriate duplication, may permit the incorporation by reference in the registration statement or supplements thereto filed hereunder of any information or documents ~reviously filed by such agent of a foreign principal under the provisions of said section.

I

i

Kt) Exemption by Attorney General !

The Attorney General may, by regulation, provide for the exemption--

(1) from registration, or from the requirement offumishing any of the information required by this section, of any person who is listed as a partner, officer, director, or employee in the registration statement filed by an agent of a foreign principal under this subchapter, and

1[[Page 247]]

(2) from the requirement offumishing any of the information

required by this section of any agent of a foreign principal.

i

where by reason of the nature of the functions or activities of such

person the Attorney General, having due regard for the national security and the public interest, determines that such registration, or the furnishing of such information, as the case may be, is not necessary to Farry out the purposes of this subchapter.

(June 8,1938, ch. 327, Sec. 2, 52 Stat. 632; Apr. 29,1942, ch. 263, ISec. 1,56 Stat. 251; Aug. 3, 1950, ch. 524, Sec. 1,64 Stat. 399; Pub. L. 89-486, Sec. 2, July 4, 1966,80 Stat. 245.)

References in Text

I Section 613 of title 18, referred to in subsec. (a)(8), was repealed by Pub. L. 94-283, title II, Sec. 201(a), May 11, 1976,90 Stat. 496.

Codification

In subsec. (e), "section 2386 of title 18" was in the original - 23 - CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

'the Act of October 17, 1940 (54 Stat. 1201)", which had been classified to sections 14 to 17 of title 18. "Section 2386 of title

118" substituted for "sections 14 to 17 of title 18" on authority of act June 25, 1948, ch. 645, 62 Stat. 863, section 1 of which enacted fritle 18, Crimes and Criminal Procedure.

Prior Provisions

I Provisions on this subject were contained in sections 612 and 613 of this title prior to general amendment of act June 8, 1938, by act Apr. ~9, 1942.

Amendments

1966--Subsec. (a). Pub. L. 89-486, Sec. 2(1), struck out requirement ~or transmittal of registration statements by the Attorney General to the Secretary of State and provision declaring a failure of transmission not to be a bar to prosecutions, now covered in section 616(b) of this btle.

• Subsec. (a)(3). Pub. L. 89-486, Sec. 2(2), struck out ", unless,

and to the extent, this requirement is waived in writing by the Attorney General" after" statement of the nature of the work of each" and rrovided for a statement of the extent to which a foreign principal is !supervised, directed, etc., by any other foreign principal.

. Subsec. (a)(4), (6). Pub. L. 89-486, Sec. 2(3), (4), inserted ", ~ncluding a detailed statement of any such activity which is a political activity".

I Subsec. (a)(7). Pub. L. 89-486, Sec. 2(5), required certain

!

information pertaining to control and financial arrangements with

respect to those persons, not themselves foreign principals, who are so related to a foreign principal that their agents when engaged in political activities in the interests of the principal are required to register.

! Subsec. (a)(8). Pub. L. 89-486, Sec. 2(6), inserted requirement that ~gent report the money or other things of value spent or disposed of in connection with his becoming the agent of his foreign principal and all political contributions made during the preceding sixty days, other than ~ontributions made on behalf of their principals, such contributions being prohibited under section 613 of title 18.

Subsec. (f). Pub. L. 89-486, Sec. 2(7), added subsec. (f).

- 24- CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

I 1950--Subsec. (a). Act Aug. 3, 1950, made failure to register a pontinuing offense.

1942--Act Apr. 29, 1942, amended section generally.

Effective Date of 1966 Amendment

Amendment by Pub. L. 89-486 effective ninety days after July 4, !1966, see section 9 of Pub. L. 89-486, set out as a note under section .~ 11 of this title.

POINTS AND AUTHORITIES TO SUPPORT MY CASE:

Point 1. "Bruce", DID HAVE shane-christopher: buczek kidnapped on March 7, 2008, August 21, 2008, January 16, 2009 and August 14, 2009 and is attempting to hold shanechristopher :buczek kidnapped on an ankle bracelet to violate my rights protected by the constitution and "Bruce" are now liable to me in both law and equity in "Bruce's" private capacity.

Authority 1. TITLE 18> PART I > CHAPTER 13 > § 241 Sec. 241. Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured--

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Point 2. "Bruce", have already deprived me of my rights secured and protected by the

constitution, by illegally kidnapping me, to enact revenge on me, to commit cruel and

- 25 - CONSTITUTIONAL ISSUE

vindictive prosecuiiorc 1,719,000,000.00 billion Due forthwith

1 2 3 4

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

unusual punishment wherein I was never given a speedy trial and where "Bruce" coerced

me under threat and duress to commit the crime of the waiving of my rights as if they were

a mere privilege which could be waived. I was solicited by "Bruce" to commit the crime of

waiving of my rights.

Authority 2. TITLE 18> PART I > CHAPTER 13 > § 242

§ 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of one of the people, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Point 3. "Bruce", committed summary judgment was committed against me by "Bruce",

whom struck against the constitutional form of government. The actions of "Bruce" whom

are impersonating government employees, include kidnapping and violation of the law by

ignoring the supremacy clause. See Exhibit D.

Authority 3. TITLE 18> PART I > CHAPTER 43> § 912 Sec. 912. Officer or employee of the United States

Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both.

- 26- CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2

3

4

5

6 7

8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Point 4 "Bruce" has(have) pretended to be public servant(s) and agents of the United States Corporation.

Authority 4. TITLE 18> PART I > CHAPTER 43> § 913 TITLE 18--CRIMES AND CRIMINAL PROCEDURE PART I--CRIMES CHAPTER 43--FALSE PERSONATION Sec. 913. Impersonator making arrest or search

Whoever falsely represents himself to be an officer, agent, or employee of the United States, and in such assumed character arrests or detains any person or in any manner searches the person, buildings, or other property of any person, shall be fined under this title or imprisoned not more than three years, or both.

POINT 5 "Bruce" IN "HISITHEIR" CAPACITY "HASIHA VE" TRIED TO ENDEAVOR TO DEFRAUD SHANE, OF HIS WAGES, PENSION, AND MUST BE FINED OR IMPRISONED FOR SUCH FALSE PERSONATION.

Authority 5. TITLE 18> PART I > CHAPTER 43> § 914 Sec. 914. Creditors of the United States

Whoever falsely personates any true and lawful holder of any share or sum in the public stocks or debt of the United States, or any person entitled to any annuity, dividend, pension, wages, or other debt due from the United States, and, under color of such false personation, transfers or endeavors to transfer such public stock or any part thereof, or receives or endeavors to receive the money of such true and lawful holder thereof, or the money of any person really entitled to receive such annuity, dividend, pension, wages, or other debt, shall be fined under this title or imprisoned not more than five years, or both.

Point 6. "Bruce's" action of knowingly making false material declarations or making or

using any other information, including any book, paper, document, record, recording, or

other material, knowing the same to contain any false material declaration, shall be fined

under this title or imprisoned not more than five years, or both. I shane am not a public

servant and I may not to be impeached. "Bruce" in "his/theirs" public capacity is/are

impeachable, at any time in any court without a jury present. See Exhibit A.

Authority 6. TITLE 18> PART I > CHAPTER 79 > § 1623. False declarations before grand jury - 27-

CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2

3

4

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

or court

(a) Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other

information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years, or both.

(b) This section is applicable whether the conduct occurred within or without the United States. (c) An indictment or information for violation of this section alleging that, in any proceedings before or ancillary to any court or grand jury of the United States, the defendant under oath has knowingly made two or more declarations, which are inconsistent to the degree that one of them is necessarily false, need not specify which declaration is false if--

(1) each declaration was material to the point in question, and

(2) each declaration was made within the period of the statute of limitations for the offense charged under this section. In any prosecution under this section, the falsity of a declaration set forth in the indictment or information shall be established sufficient for conviction by proof that the defendant while under oath made

irreconcilably contradictory declarations material to the point in question in any proceeding before or ancillary to any court or grand jury. It shall be a defense to an indictment or information made pursuant to the first sentence of this subsection that the defendant at the time he made each declaration believed the declaration was true.

(d) Where, in the same continuous court or grand jury proceeding in which a declaration is made, the person making the declaration admits such declaration to be false, such admission shall bar prosecution under this section if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that such falsity has been or will be exposed.

(e) Proof beyond a reasonable doubt under this section is sufficient for conviction. It shall not be necessary that such proof be made by any particular number of witnesses or by documentary or other type of evidence.

tpoint 7. "Bruce" in "his/their" private or official capacity may not accept or hold a position I

~n the Government of the United States or the government of the District of Columbia if he or

~he advocates the overthrow of our constitutional form of government. See Exhibit A & B

'!

and D.

Authority 7 TITLE 18 > PART I > CHAPTER 93 > § 1918 Disloyalty and asserting the right to - 28-

CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

strike against the Government

Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he-

(1) advocates the overthrow of our constitutional form of government;

(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;

(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or

(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia;

shall be fined under this title or imprisoned not more than one year and a day, or both.

Point 8. "Bruce" willfully and unlawfully conceals, removes, mutilates, obliterates, or

destroys, or attempts to do so, or, with intent to do so takes and carries away any record,

proceeding, map, book, paper, documents, or other things, filed or deposited with any clerk

or officer of any court of the United States, or in any public office, or with any judicial or

public officer of the United States, shall be fined under this title or imprisoned not more

than three years, or both. The attempt by "Bruce" to prevent me from my lawful redress

of my grievances has obstructed my right to file documents and is an act of Obstruction of

justice. "Bruce" is blind to the law by "his" apparent need for revenge against me. See

Exhibit A, B, C, AND D.

Authority 8. TITLE 18> PART I > CHAPTER 101> § 2071.

Concealment, removal, or mutilation generally

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or

- 29-

CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term "office" does not include the office held by any person as a retired officer of the Armed Forces of the United States.

Point 9. "Bruce" maliciously and without reasonable cause, arrested me, shane, WITH NO

REAL INJURED PARTY of INTEREST! NO V AILD WARRANT nor Order and Seal from the Judge.

Authority 9 TITLE 18> PART I > CHAPTER 109> § 2236 TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES CHAPTER 109--SEARCHES AND SEIZURES Sec. 2236. Searches without warrant

Whoever, being an officer, agent, or employee of the United States or any department or agency thereof, engaged in the enforcement of any law of the United States, searches any private dwelling used and occupied as such dwelling without a warrant directing such search, or maliciously and without reasonable cause searches any other building or property without a search warrant, shall be fined for a first offense not more than $1,000; and, for a subsequent offense, shall be fined under this title or imprisoned not more than one year, or both.

This section shall not apply to any person-(a) serving a warrant of arrest; or

(b) arresting or attempting to arrest a person committing or attempting to commit an offense in his presence, or who has committed or is suspected on reasonable grounds of having committed a felony; or

(c) making a search at the request or invitation or with the consent of the occupant ofthe premises.

Point 10. Shane-christopher :buczek, has the right to recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which "Bruce" had knowledge were about to occur and power to prevent.

Authority 10. TITLE 28 > PART IV> CHAPTER 85> § 1343.

Sec. 1343. Civil rights and elective franchise

(a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person:

- 30- CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2

3 4 5 6 7

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

(I)To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42;

(2)To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent;

(3)To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of one of the people or of all persons within the jurisdiction of the United States;

(4) To recover damages or to secure equitable or other relief under any Act of Congress

providing for the protection of civil rights, including the right to vote.

(b) For purposes of this section--

(1) the District of Columbia shall be considered to be a State; and

(2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Point 11. No state immunity for the actions of "Bruce", these remedies shall be both by jail time, fines and personal apology to shane and his family.

Authority 11. TITLE 42 > § 12202 A State shall not be immune.

State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in ill Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

Point 12. Remedies for "Bruce's" wrongful actions, include remedies both at law and in equity and are available for the violation to the same extent as such remedies are available for such a violation in a suit against any person, other than the United States or any agency or instrumentality thereof, or any individual, firm, corporation, or other person acting for the United States and with authorization and consent of the United States, or a State, instrumentality of a State, or officer or employee of a State or instrumentality of a State acting in "his" private and/or official capacity.

- 31 - CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2

3

4

5

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Authority 12. TITLE 15 § 1122. Liability of United States and States, and instrumentalities and officials thereof

(a) Waiver of sovereign immunity by the United States

The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, shall not be immune from suit in Federal or State court by any person, including any governmental or nongovernmental entity, for any violation under this chapter.

(b) Waiver of sovereign immunity by States

Any State, instrumentality of a State or any officer or employee of a State or instrumentality of a State acting in his or her official capacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity for any violation under this chapter.

(c) Remedies

In a suit described in subsection (a) or (b) of this section for a violation described therein, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any person other than the United States or any agency or instrumentality thereof, or any individual, firm, corporation, or other person acting for the United States and with authorization and consent of the United States, or a State, instrumentality of a State, or officer or employee of a State or instrumentality of a State acting in his or her official capacity. Such remedies include injunctive relief under section 1116 of this title, actual damages, profits, costs and attorney's fees under section 1117 of this title, destruction of infringing articles under section 1118 of this title, the remedies provided for under sections 1114, 1119, 1120, 1124 and 1125 of this title, and for any other remedies provided under this chapter.

SUPPORTING INFORMATION AS TO THE CASE:

Information 1. SUPREME COURT OF THE U.S. - RULES

.. Part VII. Practice and Procedure Rule 39. Proceedings In Forma Pauperis

2. If leave to proceed in forma pauperis is sought for the purpose of filing a document, the motion, and an affidavit or declaration if required, shall be filed together with that document and shall comply in every respect with Rule 21. As provided in that Rule, it suffices to file an original and 10 copies, unless the party is an inmate confined in an institution and is not represented by counsel, in which case the original, alone, suffices. A copy of the motion, and affidavit or declaration if required, shall precede and be attached to each copy of the accompanying document.

4. When the documents required by paragraphs 1 and 2 of this Rule are presented to the Clerk, accompanied by proof of service as required by Rule 29, they will be placed on the docket without the payment of a docket fee or any other fee.

Information 2.

- 32 - CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Statements of the Case:

Pro se litigant's pleadings should not be held to the same high standards of perfection as lawyers. "Significantly, the Haines case involved a pro se complaint - as does the present case - which requires a less stringent reading than one drafted by a lawyer. Puckett v. Cox 456 F.2d 233, at 236 (1972) Defendant has the right to submit in propria persona briefs on appeal, even though they may be inartfully drawn but the court can reasonably read and understand them. See, Vega v. Johnson,

149 F.3d 354 (5th Cir. 1998).

Information 3.

The United States Constitution forbids both the federal and state governments to enact bills of attainder, in Article 1, Sections 9 and 10, respectively.

1. NO ATTAINDERS, Our public officials cannot enact bills of attainders, such as tickets, inspection fees, state taxes, gas taxes, child support, fees for licenses, demand you pay for ANY service rendered by a public servant, their salary is only to be paid out of the United States Treasury. Bills of attainder are forbidden by Article I, section 9, clause 3 of the United States Constitution.

III. PLEADINGS AND MOTIONS> Rule 13. Rule 13. Counterclaim and Crossclaim

(a) Compulsory Counterclaim.

(1) In General.

A pleading must state as a counterclaim any claim that - at the time of its service - the pleader has against an opposing party if the claim:

(A) arises out of the transaction or occurrence that is the subject matter ofthe opposing party's claim; and

(B) does not require adding another party over whom the court cannot acquire jurisdiction. (2) Exceptions.

The pleader need not state the claim if:

(A) when the action was commenced, the claim was the subject of another pending action; or (B) the opposing party sued on its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does not assert any counterclaim under this rule.

(b) Permissive Counterclaims.

A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.

(c) Relief Sought in a Counterclaim.

A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.

(d) Counterclaim Against the United States.

- 33 - CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

These rules do not expand the right to assert a counterclaim - or to claim a credit - against the United States or a United States officer or agency.

(e) Counterclaim Maturing or Acquired After Pleading.

The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading.

(f) Omitted Counterclaim.

The court may permit a party to amend a pleading to add a counterclaim if it was omitted through oversight, inadvertence, or excusable neglect or if justice so requires.

(g) Crossclaim Against a Coparty.

A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.

(h) Joining Additional Parties.

Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim. (i) Separate Trials; Separate Judgments.

lfthe court orders separate trials under Rule 42(b), it may enter judgment on a counterclaim or crossclaim under Rule 54(b) when it has jurisdiction to do so, even if the opposing party's claims have been dismissed or otherwise resolved.

1

2

3

4

5

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

SIGNATURE PAGE

1.) Know as a friend of the court: shane

2.) My title is Sovereign and Sui Juris, name is and spelling is only exactly as: shane-christopher : buczek

3.) I do in fact, do not use any other, nor do I allow any other form of my name, nor capitalization.

4.) I have personal knowledge of the facts in this matter.

a. (To do so is to commit FRAUD and Trespass upon my rights and you would be a criminal to commit such a crime against me.)

5.) I am acting as my own counsel in my own proper person: In Propria Persona Sui Juris; and, 6.) That I am Sui Juris.

a. Any such assertion is an overt lie, as people making such claim have knowledge of the law and are making claims for other malicious designs in which to disenfranchise and/or enslave us to them and/or their system which grants them remuneration.

7.) That I am in fact, ready to affirm knowing full well the laws for perjury in the state of New York Republic DBA®, and in fact will attest to the same in any court of law regarding the matters submitted in this statement, when we are required to testify in any court of law thereof in relation to support the truth to these matters.

8.) Per Puckett v. Cox & Gideon v. Wainwright My pleadings need not to be within the same standards as an attorney.

- 34- CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2

3

4

5

6 7

8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

9.) CLER$$RULE 03-29-05 10:46:40 PGT·CTRULE 36 SUPREME COURT RULE 29 When a party is not represented by counsel, service shall be made on the party, personally, by mail, or by commercial carrier. Ordinarily, service on a party must be by a manner at least as expeditious as the manner used to file the document with the Court.

10.) Federal Rules of Civil Procedure Rule 8. General Rules of Pleading

~) Pleading to be Concise and Direct; Consistency Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.

(f) Construction of Pleadings; All pleadings shall be so construed as to do substantial justice. (this means you have to show constitutional violations of your rights.)

All prior documents, are in fact void ab initio, citing an invalid state codes, laws or regulations in violation of Shane Christopher Buczek's 1st, 2nd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and pertinent to the 14th amendments as guaranteed by the Constitution of the united states of America. All charges must be dropped and Shane Christopher Buczek, must be released. Further prosecution will be charged of Shane Christopher Buczek, may result in forfeiting of bonds, revoking of charters, other remedies in both law and equity available in both the commercial and in the private capacity, including interest and/or treble damages, and sanctions.

i Report Waste, Fraud, Abuse, or Misconduct

The Office of the Inspector General (OIG) investigates allegations of fraud, waste, abuse, and 'misconduct by Department of Justice employees, contractors, and grantees. The OIG is an

,

independent entity within the Department of Justice that reports to both the Attorney General and

Congress on issues that affect the Department's personnel or operations.

'The OIG has jurisdiction over all complaints of misconduct against Department of Justice 'Employees, including the Federal Bureau of Investigation; Drug Enforcement Administration; Federal Bureau of Prisons; U.S. Marshals Service; Bureau of Alcohol, Tobacco, Firearms, and Explosives; United States Attorneys Offices; and employees who work in other Divisions or Offices :~n the Department of Justice. (The one exception is that allegations of misconduct by a Department ~ttorney or law enforcement personnel that relate to the exercise of the attorney's authority to investigate, litigate, or provide legal advice are the responsibility of the Department's Office of professional Responsibility.)

I,

The U.S. Congress codified the private attorney general principle into law with the enactment of Civil Rights Attorney's Fees Award Act of 1976, 42 U.S.C. § 1988. The Senate Report on this statute stated that The Senate Committee on the Judiciary wanted to level the playing field so that private one of the people, who might have little or no money, could still serve as "private attorneys general" and afford to bring actions, even against state or local bodies, to enforce the civil rights laws.

TITLE 18> PART I > CHAPTER 93> § 1918 Disloyalty and asserting the right to strike against the Government

TITLE 15> CHAPTER 22> SUBCHAPTER III > § 1122

- 35 - CONSTITUTIONAL ISSUE

vindictive prosecution 1,719,000,000.00 billion Due forthwith

1 2

3

4

5

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

§ 1122. Liability of United States and States, and instrumentalities and officials thereof (a) Waiver of sovereign immunity by the United States

The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, shall not be immune from suit in Federal or State court by any person, including any governmental or nongovernmental entity, for any violation under this chapter.

(b) Waiver of sovereign immunity by States

Any State, instrumentality of a State or any officer or employee of a State or instrumentality of a State acting in his or her official capacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity for any violation under this chapter.

(c) Remedies

In a suit described in subsection (a) or (b) of this section for a violation described therein, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any person other than the United States or any agency or instrumentality thereof, or any individual, firm, corporation, or other person acting for the United States and with authorization and consent of the United States, or a State, instrumentality of a State, or officer or employee of a State or instrumentality of a State acting in his or her official capacity. Such remedies include injunctive relief under section 1116 of this title, actual damages, profits, costs and attorney's fees under section 1117 of this title, destruction of infringing articles under section 1118 of this title, the remedies provided for under sections 1114, 1119, 1120, 1124 and 1125 of this title, and for any other remedies provided under this chapter.

TITLE 42 > CHAPTER 126> SUBCHAPTER IV > § 12202 State immunity

A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in [1] Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

TITLE 18 > P ART I > CHAPTER 93 > § 1918 Disloyalty and asserting the right to strike against the Government

"Bruce" lSI ARE IN VIOLATION of all of the above.

I

IIWherefore: shane respectfully requests the present indictments be dismissed with prejudice and

- 36 - CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

14 "Bruce" IS/ARE IN VIOLATION of all of the above.

1 2 3 4 5 6 7 8 9 10 11 12 13

15 16 17 18 19 20 21 22 23 24 25 26

TITLE 42 > CHAPTER 126> SUBCHAPTER IV > § 12202 State immunity

A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in [1] Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

extent as such remedies are available for such a violation in a suit against any person other than the United States or any agency or instrumentality thereof, or any individual, firm, corporation, or other person acting for the United States and with authorization and consent of the United States, or a State, instrumentality of a State, or officer or employee of a State or instrumentality of a State acting in his or her official capacity. Such remedies include injunctive relief under section 1116 of this title, actual damages, profits, costs and attorney's fees under section 1117 of this title, destruction of infringing articles under section 1118 of this title, the remedies provided for under sections 1114, 1119, 1120, 1124 and 1125 of this title, and for any other remedies provided under this chapter.

TITLE 18> PART I > CHAPTER 93> § 1918 Disloyalty and asserting the right to strike against the Government

IWherefore: shane respectfully requests the present indictments be dismissed with prejudice and

"Bruce" be disqualified.

~ffiant, shane, affirms the foregoing in its entirety as being true, correct and complete. I

ALL RIGHTS RESER NON ASSUMPSIT Secured Party Creditor Without Recourse

- 36 - CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

I"Bruce" Et.Al.be disqualified.

kffiant, shane, affirms the foregoing in its entirety as being true, correct and complete.

Dated () '3 Oi

ALL RIGHTS RESERVED NON ASSUMPSIT

Secured Party Creditor

Without Recourse

[EXHIBIT "A" Transcript of May 6,7,2009 & August 20, 2009 See page 21-25 I

~XHIBIT "B"UNLA WFUL SEIZURE FBI & US INC. AND FRUIT OF THE POISONOUS TREE DOCTRINE PS Form 3811

I

~XHIBIT "c" Letters and emails from ANTHONY BRUCE ET.AL.

[EXHIBIT "D" COPY OF COUNTER CLAIM ON INDICTMENT March 24, 2008 Sealed by DOS & DOJ 08021989-1

IEXHIBIT "E" The Official State Know as "Person"

I

I

~XHIBIT "F" LA WYERS UNDER THE FOREIGN AGENTS REGISTRA nON ACT OF 1938

Sworn verification of Living soul shane-christopher family of: buczek

I, shane-christopher : buczek on my own unlimited commercial liability and my signature below, state and verify that the above information admitted are of my own free will for a offer of proof rule 103 (a) (2) silent acquiescence are admitted.

Executed by United States: I declare certify and verify under penalty of perjury standing over the laws of the United States of America that foregoing is true and correct.

Executed on March 1, 2010

- 37 - CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

1 2

3 4

5

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

CERTIFICATE OF SERVICE

!

!On this the 1 st day of March 2010 a true and correct copy was personally delivered to the Clerk 0

the Court and Clerk will serve U.S Attorney.

MICHAEL ROEMER CLERK

cc, UniversalPostalUnion InternationalBureau Casepostale 13000BERNE15 ISWITZERLAND

I

u.s. Department of Justice Civil Rights Division

950 Pennsylvania Avenue, N.W.

pffice of the Assistant Attorney General, Main !Washington, D.C. 20530

I

i

!office-of-the- Inspector-General U.S.-Department-of-Justice Investigations-Division ~50-Pennsylvania-Avenue,-N.W. tRoom-4706

~ashington, DC 20530

Mary Patrice Brown, Acting Counsel Office of Professional Responsibility

~50 Pennsylvania Avenue, N.W., Suite 3266 Kvashington, D.C. 20530

- 38 - CONSTITUTIONAL ISSUE

vindictive prosecution. 1,719,000,000.00 billion Due forthwith

Вам также может понравиться