ALDO FUNARO

AVOCAT LA COUR DAPPEL DE PARIS

MATRE EN DROIT (1962)
DIPLM DELINSTITUT DTUDE POLITIQUE DE PARIS (1961)

To:
NYSD Clerk of Court, Ruby J. Krajick,
NYSD District Executive Officer, Edward Anthony Friedland, Esq.
500 Pearl Street, NYC 10007
26. Oct.2016 af/hk
Dear Clerk Krajick, Dr. Friedland,
I am of counsel to Mr Christian Viertel, who acts pro se in judicial proceedings and on whose behalf the instant
administrative CORRECTION request is made.
At issue are unauthorized and unlawful docketing activity by Docket and Docket Text tampering and
facts of NYSD staff doctoring dates backwards to 6/14/2001, an ongoing criminal and concealment enterprise
which caused gravest prejudice and harm in a court procedure.
Upon your advice that Court rules require such, Mr Viertel would prompty file a submission for review and for
correction of certain pre-OPEN-DOCKET errors and/or improprieties foremost during the pre-inaugural, preopening phase of what evolved into a criminal proceeding 01-cr-571. This administrative request is of utmost
importance to assist in the timely resolution, a long overdue issue to finally be rectified and for the
establishment of the Rule of Law and Public Record.
AOUSC Washington staff advised a priori a) that falsely docketed or b) retroactively mis-docketed [here: preopening events] are incompatible with procedure, are prejudicial, violate due process of law and must be
stricken and/or corrected once brought to the attention of Court Administration.
This is hereby stated as claim for "prejudicial extra-jurisdictional docket correction of false entries" upon which
relief must be granted.
To assist this Court's administration in this correction exercise, we listed factual discrepancies below, and we
recognize that, at this stage, judicial intervention is neither required nor due since the evidence clearly and
incontrovertibly confirms that "judicial officers" were uninvolved, were without jurisdiction prior to
assignment, which occurred after the pre-opening "doctoring" period of instant 01-571. The times and events
preceeding "criminal wheel Assignment" at 09:30h on 6/19/2001, are therefore jurisdiction-free zones in the
sole control and responsibility of Court Administrators.
The Facts are irrefutable:
a) 01-571 Pacer Records ENTRY indubitably states that this "CASE" was opened on 6/19/2001 and not earlier,
Court staff confirmed that a "related" "mj"-case/index does not exist

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b) DE#1 represents a - evidently - backdated entry (entered by "jm" on 6/20) that purports to a "Filing" [without
a Case/MJ-Index Number] on 6/14, for which no record exists in the Court, its "Docket Activity Report", and
no Judge was identified and no reporter tape can be found, despite the fact that tapes for 6/14/2001 are
complete.

c) DE#1 fails to identify courtroom and Presider, MJ or J , who could have accepted whatever document was
presented or rejected whatever AUSA's - if they were present - submitted to seek LEAVE to SEAL (they did
not), and who was duly empowered, duly assigned and had jurisdiction for a Return-and-Seal-of-Grand-JuryIndictment , was coequally authorized to "SEAL" such document inside a designated - but missing - Court
Envelope for Court custody at Room 270, where the envelope never arrived, as Court staff confirmed. It is
overtly evident from the docket text, that no judicial officer was available, was unidentifiable or was simply not
"on the job". [U.S. Supreme Courts 1984 decision 446 U.S. 147 serves as controlling federal law:
[p]rocedural requirements established by Congress for gaining access to the federal Courts are not to be
disregarded by courts out of a vague sympathy for particular litigants."]

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d) DE#1 related Court Records were not found by your Court staff or Reporters that could credibly
demonstrate a related Calendar/Proceeding in an open NYSD Courtroom on 6/14/2001.

e) Sealed Records Management ultimately advised last week that no "SEALED ENVELOPE" was placed in
"VAULT" on 6/14/2001 neither in a non-Indexed or Indexed case. None whatsoever on that day and affirmed
that non-Indexed "Sealed Enevelopes" are routinely rejected for storage in the Vault.
f) Sealed Records Management confirmed that no "SEALED ENVELOPE" was placed in "VAULT" the day
after, 6/15/2001.
g) pursuant to the above lack of factual events, less credence and missing "SEAL" records, DE#2 , dated
6/19/2001, which purports to be an order (per Docket Text "jm") by an unassigned Mag. Judge [Pitman], to
"unseal" an envelope that did not exists and was therefore not stored or "unsealable" in the "VAULT", renders
the DE [see below] highly dubious if not plainly counterfeit, not only in view of the extra-judiciary, extraordinary label MJ Pitman crafted (INDICTMENT), autographed and rubberstamped on date 6/19/2001 without
any whatsoever judicial assignment in 01-cr-571, that the COURT should not have docketed but rejected
immediately in the morning of 6/19/2001.
f) DE#2 text entry also purports to report, inter alia, that a "mailing" occurred, for which no trace exists and
consignees are incognito and were not even on Pacer for another 24-hours. Consequently, text entry "Copies
mailed. (jm)" is held to be equally fraudulent and must be stricken.

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h) the "jm" unnumbered entry underneath DE#2 [since removed from Pacer] shown here [by wayback-data
display], that an "Indictment", that was clearly never held in the Court vault, was removed from the vault to be
"unsealed", is another fraudulent Court clerk entry. USA and JGK have been unable to produce paperwork that
could match the Court staffer's (jm) description.
i) it is equally important to now receive an official Court Administration advisory on a) which date NYSD Clerk
"named" Melanie L. Lopes was duly deputized as a Deputy Clerk, b) what her total period of employment was
at NYSD and whether she was terminated, and c) why Clerk Lopez, if a real living clerk, had not been assigned
the official x_xx@nysd.uscourts.gov email address all staffers receive. Here, Court's IT department staff was
helpful but unable to locate a Lopez-email on a data-dump. Furthermore, since a "Melanie L.Lopez" rubber
autograph stamp was applied to several related Court documents (microfilmed), the demand is expanded as to
identification of the Court custodian of these rubberstamp(s).

As consequence of these irrefutable evidentiary circumstances, NYSD's Administration are hereby placed under
demand to a) effect swift correction of the public RECORD, b) strike pre-opening (6/19/2001) entries and
advise all parties and public of the administrative action taken to fully satisfy this demand. Upon failure to
administer the corrections of the public record within 10 days, latest by Nov 05, 2016, be held liable for such
failure, for delay and for its consequences in due course.
You may contact (914)-352-1839 for information, or may respond directly to Mr. Viertel or me.
I remain, sincerely

M. Aldo Funaro

Copy: FBA, UIAnet.org

Mail: 9858 GLADES ROAD, SUITE D-3 #239, BOCA RATON, FL 33434 PB
33, CHEMIN DES PETIT PLAN 06800 CAGNES SUR MER - FRANCE +33 4 92 08 10 83)
funaro.juris@fondapio.org

------------------------------------------------------DE#2 visual print from file 8977431 on page 5:

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