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APPEARANCES:
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ANTHONY BRUCE, ESQUIRE, Office of the U.S.
18 Attorney, 138 Delaware Avenue, Buffalo,
New York, appeared for the Government.
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SHANE C. BUCZEK, appeared pro se.
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RECORDED BY FTR GOLD ELECTRONIC RECORDING
24 TRANSCRIBED BY DEBRA L. POTOCKI, RMR, RDR, CRR
843/723-2208
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11 attorney representation?
14 some conversations over the phone, and I've done my own legal
16 Thursday of last week. And you know we didn't really talk too
20 that had been returned against you, and that was in 09-CR-121.
21 And then we also addressed the second indictment that had been
25 Correct?
3
10 just arrived?
15 I stand, but --
17 questions.
22 yourself?
3 grand jurors.
15 States Attorney.
20 United States.
24 that's all.
1 understand.
17 and you if they can certify the charges in the record under
13 08-CR-54.
16 THE COURT: No, you wouldn't see them when they would
18 here. They were handed up in open court when the grand jury
22 recall back in January 16th I was arrested and taken in, and
24 of 2009 --
5 arrest warrant --
22 the agent, who was under oath and who had signed the affidavit
24 found that there was probable cause for the issuance of the
25 search warrant.
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9 warrant.
11 it on the record.
16 research is that I've, again, over and over and over again
23 to me. But I have to ask you this, but you do not have to
1 to be a citizen of?
17 it. And you can make an appointment, and it's the United
22 one is?
3 at all, Judge.
9 and --
19 have been noted. I was just trying to figure out what the
2 order and the facts exist, has a right to charge any person
19 Mr. Buczek?
25 make the Court aware that the issue with the HSBC thing, when
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3 just incredible. But I want to make the Court aware that the
9 to incriminate yourself.
12 hearing.
11 conditions will assure that the person will not pose a danger
14 late last spring. Since then, the grand jury has chosen to
6 last year and going into January of this year, sent nine
10 that.
2 THE COURT: And I'm not the only one that views it
3 that way.
12 off debts and judgments that were brought against him. And we
16 Mr. Buczek apparently had this idea that he had some sort
25 and Clearing Corporation did not deal with the general public.
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2 testimony, he then did the various things that he did that got
5 HSBC direct check method, which you could use by calling HSBC,
6 giving HSBC the routing number of your bank, and giving HSBC
9 given while Mr. Buczek was here in this room, here in this
14 valid routing number, but at the same time, provides them with
18 He then --
4 the witness says. And my question to you is, just because the
9 witness says.
13 doesn't agree with. How does that put you on notice? It just
20 is not sound.
4 detention hearing, and leave him out and not finish the
12 falling out --
14 his attorney.
22 then to revoke his bail. And I was concerned about the mental
23 status of Mr. Buczek, and so I revoked the bail solely for the
14 of this year, when we got into the fact that he had gone to
17 having the hearing, Mr. Buczek did what he did, and what he's
15 file a response to the plea offer that had been made, and that
25 about what Mr. Buczek was intending to do, I directed both the
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5 long colloquy with Mr. Buczek, and when Mr. Buczek was making
6 the statements about the alleged account and the person down
22 trying to resolve not only that issue, but what we were going
24 us here today.
1 it was January 16th, what brought Mr. Buczek before the Court
7 subject matter of the search warrant that had been issued for
9 Buy.
18 THE COURT: No, the whole thing at that point was all
20 Mr. Altman.
25 it was in that window that Mr. Buczek allegedly did the things
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6 But before you speak, I want you to be very careful about what
12 while this matter and the matters in the other two indictments
17 conditions. So --
21 sometimes.
16 statement.
20 back to page six of ten of the psych report, talking about the
10 void ab initio.
13 it. There's some issues that I don't agree with, but -- and
14 you know, most of it's pretty accurate. But, you know, I have
16 back to the report on that. I've got, you know, a great job
19 graduated from Orchard Park High School, I'm sure you read
24 days used to be fun, you know, those are the good old days.
3 to the bail, is that I have, you know, great, you know, I've a
8 system.
11 because I try to help people with their credit reports and how
12 to get negative items taken off. And I've always had a strong
18 money from the American people from the trust, and that's why
2 passion.
6 people found out that the truth that the banks don't loan any
7 money, they loan credit, and I'm sure you're aware of all
17 would be residing?
20 to hiring an attorney?
23 attorney?
1 this psych review, but, you know, I've been in for 120 days,
2 exactly four months today. And -- but, you know, I don't want
7 the only reason why I didn't take the plea, is even though I
8 believe I'm innocent, but, you know, the Government has a lot
3 conditions.
1 letters?
6 the Court.
10 automatically get.
24 through ECF.
3 then according to Mr. Bruce, the Clerk will scan whatever you
11 Do you understand?
13 THE COURT: But you are not to leave the house, you
20 I --
25 THE COURT: And where you reside, you just put them
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6 of things.
10 THE COURT: It's not going to. I can tell you that.
5 you have to supply the probation office and the Court with the
25 conditions that I've stated to you, Mr. Buczek. But now, once
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3 your bail being revoked and your being locked up and kept
5 understand?
11 THE DEFENDANT: Um --
20 garbage out or --
23 parents.
1 limited one. And if you stray beyond that zone, that's going
5 probably will need at least two days to get that checked out.
7 you understand?
10 report. And I'm going to give you time to get home, assuming
13 then be able to consult with your parents and anybody else you
23 home, right?
1 home at?
7 to have an attorney.
15 transported.
17 house?
24 then?
4 case completed.
8 this. But you have to appreciate, Mr. Buczek, and I hope you
17 calendar.
20 consolidated.
22 think that's for the trial judge to whom this case has been
25 not consolidated?
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8 different directions.
16 Now, this time between now and -- May 15th and June 3rd, 2009,
2 for the use of that time, it is the finding of this Court, sua
3 sponte, that the time between now and June 3rd, 2009, will, in
4 $10,000 in cash?
13 the bond, you and the surety, and to then go after that person
15 owned by the persons who signed the bond, and sell those
22 assume, Mr. Buczek, Senior, you've heard what I've just said?
23 And let the record reflect that Mr. Buczek, Senior, shook his
25 All right?
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4 Mr. Buczek.
7 father is going to be the one to sign, and then you can sign.
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1 REPORTER'S CERTIFICATION
4 Reporter for the United States District Court for the District
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S/Debra L. Potocki
11 _______________________________
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