Академический Документы
Профессиональный Документы
Культура Документы
**Demand is hereby made to The United States Attornev's to Answer within *10 days*
heretofore and hereafter "Petitioner", notices the court to take Mandatory Judicial Notice of
FOREIGN AGENT ATHONY BRUCE letter dated October 7th ,2010 and below is response
to BOP "Harley G. Lappin, Director, Federal Bureau of Prisons", under Federal Rules of
10f7
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 2 of 45
placed into the record? Also, kindly ask the same for your FBI friend to submit an affidavit
under the penalties of perjury. To satisfy everyone's curiosity, perhaps we should subpoena
Harley Lappin, B.O.P. Director, his computer and his e-mail records to find out for sure
and ask him under oath whether he was involved in any way with that e-mail. But more
importantly, it was the content within that e-mail that is not a fabrication. Did your due diligence
take you into the Law library to look up the Congressional records to support your fantasy?
As you know, I have challenged the subject matter jurisdiction of this action. The burden to
prove you have it now shifts to you. Therefore, show me the certified documents from the
Congressional Records Office or Archives in particular; concerning Title 18, the amending of
H.R. 3190, on May lih, 1947, that shows a roll call of218 members of the House of
Representatives that passed with a Constitutionally seated Quorum. Sorry Bruce, the Roll Call
shows only 44 members were present.
A person with an experience is never at the mercy of a person with an opinion. I have the
Certified Documentation and proof. I have done my homework and conducted my research. That
is what evidentiary hearings are all about. We will see who is playing Pinocchio shortly. Isn't it
nice to know you have been living a lie all this time without jurisdiction and without your
protective immunities for all these years? I suspect however, you have known this for some
time. Meanwhile the Civil Case marches on. Your veiled threats in your letter never cease to
amaze me. You are like a bully that needs to meet his match. The paperwork in this case is your
match.
Lastly, it amazed me further what you omitted in your letter. You failed to show me your
Oath of Office, or that you are registered as a foreign agent under the Foreign Registration Act
of 1938, Green Card, Bonding agent, or that Title 18, Section 1344, lacks the supporting CFR's
to undergird the statute, or that you are conducting a prosecution by Fraud using Counterfeit
securities, lacking 'standing', trading my life labor and property for my credit on the stock
market all in violation of the SEC statutes with heavy criminal sanctions. Not to mention that the
plea deals caused you to violate the Fair Debt Collections Act. And that the statutes you quoted
in the passport case do not have any penalty sanctions attached to them as
your office admitted. Not to mention that both Pleas are void of the CFR's again and nor were
they placed into The Federal Registry in violation of such Act. Fraud vitiates everything from its
inception. Incidentally, did you ask the FBI while you had them on the phone ifit was Kosher to
20f7
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 3 of 45
prosecute manifold cases with Counterfeit Securities as you have done over the years and what
were the potential penalties you could incur, for doing so? Oh, you forgot? Don't worry, I will
ask the FBI witnesses for you at the evidentiary hearings. I think their testimony under oath will
be amended to my Civil Case.
Lastly, I will be notifying and filing a complaint against you to the Inspector General in
Washington, D.C. and this District Court of your continued harassment and threats of
intimidation to me. I am sure this violation in your jacket will be of value to you. I will send you
a copy of my letter to them (through the Clerk of the Court) and I will include a copy for them of
my Civil Case action that I have against you and also a copy of the transcripts of Magistrate
Schroeder calling you abusive and vindictive, etc., so they can evaluate your conduct in full.
BY:~IV!J2-(~
shane-christopher: buczek
as third party intervener and
Grantor/Beneficiary/Petitioner for:
SHANE C. BUCZEK a US TRUST
All rights reserved Without Prejudice
Without recourse UCC 1-308
IIJ·~ /1- ZolO
BY:
daniel-richard: buczek
as third party intervener and
Grantor/Beneficiary/Petitioner for:
SHANE C. BUCZEK a US TRUST
All rights reserved Without Prejudice
Without recourse UCC 1-308
I am a peaceful man and inhabitant of the creation and most often located in the
vested interest of the United States of America and/or the United States; I am settlor and
30f7
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 4 of 45
co-beneficiary to SHANE C. BUCZEK for the mutual beneficial use of the United States of
America and/or the United States by and through holders of offices of the public trust,
public trustees and myself. Any attempt to coerce, trick, deceive, induce by fraud or otherwise
move me to engage in disposition of the vested interest(s) of the United States of America shall
be considered an act of war, treason, and sedition against the United States of America and
will be reported to the appropriate public trustees charged with protecting same.
I, shane-christopher: buczek, declare under penalties of perjury under the laws of these
United States of America that the foregoing is true and correct to the best of my knowledge, is
made in good faith and is admitted if not rebutted. I certify that the facts stated herein are true
and correct under the penalty of perjury as provided by 28 USC Section 1746, that I am over the
age of 18, and that I have firsthand knowledge first hand of the facts stated herein are true and
correct.
**Demand is hereby made to The United States Attorney's to Answer within *10 days*
*Failure to answer is silence. Silence can only be equated with fraud where there is legal
and moral duty to speak. or when inquiry left unanswered would
woUld be
Intentionally misleading. II US y Tweel (1977)550 F 2d 297.* (10) days to answer and
(3) Days Grace OPPORTUNITY TO CURE *
*The Court acting as Trustee. through this motion is instructed by the GrantorlSettlor
Grantor/Settlor to
Compensate the Beneficial1' Shane-Christopher family Buczek at the rate of $1.000.00 per day
for evel1' day that the Beneficial1' Shane Christopher family Buczek is fmancially damaged by
the invalid charging instruments mistakenly enforced by this court which such charging
Instruments and accompanying resulting orders have prevented the Beneficial1' Shane
from working to earn a living. *
40f7
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 5 of 45
In Trust,
shane-christopher: buczek
as third party intervener and
Grantor/Beneficiary/Petitioner for:
SHANE C. BUCZEK a US TRUST
All rights reserved Without Prejudice
Without recourse UCC 1-308
October IZI'-7 ,2010
Exhibit "A" ANTHONY M. BRUCE "Senior FOREIGN AGENT" Letter and Title 18 Sec.
1341 Frauds and swindles
Exhibit "D" UNITED STATES MAGISTRATE JUDGE SCHROEDER, JR. August 20,
20091:47 PM Magistrate Schroeder calling you abusive and vindictivt( and there was no
warrant
Cc.
Treasury Inspector General for Tax Administration
P.O. Box 589
Ben Franklin Station
Washington, DC 20044-0589
By Phone:
Call toll free: 1-800-366-4484
By Fax:
(202) 927-7018
50f7
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 6 of 45
Petition To:
Commandant (G-OPL)
U.S. Coast Guard
2100 2nd St. SW
Washington, DC 20593-0001
60f7
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 7 of 45
CERTIFICATE OF SERVICE
Qn this the 12th day of October 201 Or a true and correct copy of MANDATORY .JUDICIAL
NOTICE of Reponses TO: FOREIGN AGENT AIlSA MR.ANTHONY BRUCE Court to
take Judicial Notice ugder F@deraJ Rules of Eyidence 20Hd) and (t) was personally filed
stamped 1:08-CR-0054-001. 1;09-CR00121-001 and 09-CR00141-001 deljvered to the Clerk
of the Court and the Clerk will serve AUSA by electronic filing.
70f7
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 8 of 45
" "
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 9 of 45
of'
r,i/cml ('1'111/'1'
October 7, 2010
Dear ML Buczek:
Enclosed you will find a photocopy of what purports to be a July 27, 2009 letter or
email from "Harley G. Lappin, Director, Federal Bureau of Prisons" to "all Department
Heads,"
This letter is to provide you with notice that the Lappin letter/email is in fact a
fabrication and that further use of it by you in your filings with the Court is at your own peril.
AMB/lfs
Enclosures
..........
X'
Shane C / . Buczek
lJj
w ::r
()
-..l (f.)
X' 0. (l)
0 0 ()
t-! PJ N
(l)
t-! w PJ
U1 ~
.-..
~
7335 Derby Road
t1
:;d
t:I
~"<
(l)
Z t-!
Derby New York
.Q'
K!
t:I
(l)
(l)
I
I
--
I111II1I11I1I11111111111111111I1
--
--
-
--
--
"
~ ~ I.:miwrsit¥
~, ~~l Search Law School Search Cornell
o
U.S. Code
main page faq Index search
8lilUL!J!.1IlOC1ll
~
G.et ,an..Ans.w.eJ:ASAEl
Ads by Google
Web-based
software for SEC
reports Complete
system wtth
EDGAR, XBRL
Free Chapter 7
Bankruptcy Info
Free Online
Evaluation by a
Lawyer!
13 Employment
Lawyers Are
Online Ask a
Question, Get an
Answer ASAP,
LIl has no control over and does not endorse any extemallnternet Site that contains links to or references UI.
Harley G. Lapefn
~~.~
, Har1ey G. Lappin
Di:mctor, Fedcnl Bureau ofPrlsoos
712112009
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 13 of 45
T"" "
CM/ECF LIVE - U.S.Case
District1:09-cr-00121-WMS-HKS
Courtnywd Document 228 Filed 10/12/10 Page 14 of 45
https:llecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L_ ...
MEDIATION, ProSe
V.
Defendant
United States of America DBA represented by Michael S. Cerrone
TERMINATED: 0310112010 U.S. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5851
Fax: 716-551-3196
Email: michael.cerrone@usdoj.gov
Defendant
Anthony Bruce represented by Michael S. Cerrone
ETAL (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Kathleen M. Mehltretter represented by Michael S. Cerrone
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
John Doe represented by Michael S. Cerrone
TERMINATED: 0310112010 (See above for address)
Defendant
Defendant
Mary C. Baumgarten represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Marty J. Littlefield represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Mary Pat Fleming represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
J. P. Kennedy represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Joseph M. Guerra, III represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
William J. Hochul represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Joseph J. Karaszewski represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Margaret M. McFarland represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Z of lO 10110/2010 12:24 AM
CM/ECF LIVE - U.S.Case
District1:09-cr-00121-WMS-HKS
Courtnywd https:/
Document 228lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L
Filed 10/12/10 Page 16 of 45 _'"
Defendant
Charles B. Wydysh represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Edward H. White represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Gail Y. Mitchell represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
George C. Burgasser represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Gregory L. Brown represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Gretchen L. WylegaJa represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Jane B. Wolf represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Joel L. Violanti represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
John E. Rogowski represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
3 of 10 10110/2010 12:24 AM
CM/ECF LIVE - U.S.Case
District1:09-cr-00121-WMS-HKS
Court:nywd Document 228
https:/ Filed 10/12/10 Page 17 of
/ecf.nywd.uscourts.gov/cgi-binlDktRpt.pl 45
?98511466504027-L_'"
Defendant
Joseph M. Tripi represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Kevin D. Robinson represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Marie P. Grisanti represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Mary C. Kane represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Mary Ellen Kresse represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Mike DiGiacomo represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Molly Roach represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Monica Richards represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Paul J. Campana represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
40fl0 10110/201012:24 AM
CM/ECl' LIVE - U.S.Case
District1:09-cr-00121-WMS-HKS
Courtnywd https://ecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?985
Document 228 Filed 10/12/10 Page 18 of 45I 1466504027-L_'"
Defendant
Richard P. Maigret represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Robert C. Moscati represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Robert G. Trusiak represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Stephan J. Baczynski represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Thomas S. Duszkiewicz represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Timothy Lynch represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Trini Ross represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
William J. Gillmeister represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
William J. Knapp represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Cynthia M. Dilick represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Sharon M. Knope represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Samuel M. Palmiere represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Barbara A. Sweitzer represented by Michael S. Cerrone
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
William J. Hochul represented by Michael S. Cerrone
ET. AL. (See above for address)
ATTORNEY TO BE NOTICED
Defendant
John and Jane Doe's 1-20 represented by Michael S. Cerrone
I reserve the right to add others as they (See above for address)
become known to me ATTORNEY TO BE NOTICED
5 of 10 10110/2010 12:24 AM
CM/ECF LIVE - U.S.Case
District1:09-cr-00121-WMS-HKS
Courtnywd https:/
Document 228lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl
Filed 10/12/10 Page 20 of ?98511466504027
45 -L_...
7 of 10 0120 10 12:24 AM
10/1 0/20
CM/ECF LIVE - U.S.Case
District1:09-cr-00121-WMS-HKS
Courtnywd Document 228 Filed 10/12/10 Page 21 of 45
https://ecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?98511466504027-L_ ...
05/05/2010 NOTICE of MANUAL FILING (Exhibit A-N along with 1 DVD Film titled
Invisible Empire and 3 CD's by Tim Madden, Economist, Ed Griffin, the Creature
from Jekyll Island, and Ken Wayne, The Legal Structure of the Government by
Shane Christopher Buczek re 11 Notice of felony. (DLC) (Entered: 05/05/2010)
05/05/2010 E-Filing Notification: No proof of service. Action required: File proof of service
RE: NOTICE of MANUAL FILING (Exhibit A-N along with 1 DVD Film titled
I
Invisible Empire and 3 CD's by Tim Madden, Economist, Ed Griffin, the Creature
from Jekyll Island, and Ken Wayne, The Legal Structure of the Government by
Shane Christopher Buczek re 11 Notice of felony. And 11 NOTICE OF FELONY
!
I
CRIMINAL COMPLAINT FOREIGN AGENT 22USC611 by Shane Christopher
Buczek. (DLC). (DLC) (Entered: 05/05/2010)
8 of 10 10110/201012:24 AM
CM/ECF LIVE - U.S.Case
District1:09-cr-00121-WMS-HKS
Court:nywd https:/
Document 228lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl
Filed 10/12/10 Page 22 of ?98511466504027-L
45 _ ...
07/09/2010 NOTICE of MANUAL FILING of a Disk (Exhibit "D" Live Radio Alex Jones 45
Ii min)included with J 6 Response by Shane Christopher Buczek. (DLC) Modified on
!
7112/2010 (DLC). (Entered: 07112/2010)
1----
1---
09/07~2010_
II 09/07/2010 NOTICE of 18 USCS Sec. 4 Misprison of felony Court to take Judicial Notice
Under Federal Rules Evidence 201(f) by Shane Christopher Buczek. (DLC)
(Entered: 09/08/2010)
;J of 10 10/10/201012:24 AM
eM/bel' L1Yb - U.S. District eourt:nywd https:/lecf.nywd.uscourts.gov/cgi-binlDktRpt.pl?985 11466504027-L_...
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 23 of 45
09/07/2010 NOTICE of741 F.2d 336, Trezevant v. City of Tampa Federal Reporter 2d Series
Page 336-342 Court to take Judicial Notice Under Federal Rules of Evidence
201 (t) by Shane Christopher Buczek. (DLC) (Entered: 09/08/2010)
0911412010 JUDICIAL NOTICE of emails received 2117/2010 by Shane Christopher Buczek.
(DLC) (Entered: 09116/2010)
09114/2010 JUDICIAL NOTICE of BOP letter dated 7/27/2009 by Shane Christopher Buczek.
(DLC) (Entered: 09116/2010)
t· ......·····~-,- -
09/29/2010 21 TEXT ORDER. IT HEREBY IS ORDERED THAT Plaintiffs ~ Motion for IFP
Status is GRANTED. FURTHER, that in light of the filing of the 1 Amended
l
Complaint, Defendants' ~ Motion to Dismiss is DENIED as moot. SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 9/2912010. (MEAL)
(Entered: 09/29/2010)
., ,_.-
.,-,_.-
Transaction Receipt
,... _.......
i-------1 1:09-cv-01129-WMS
- ..............__._. -_.............._....................._-
10 of 10 10/10/2010 12:24 AM
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 24 of 45
" "
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 25 of 45
09-CR-12I-S
Shane C. Buczek
RULE 29 & 33 MOTION
Petitioner NOTICE AND DEMAND
v. TO VACATE JURY
FINDINGS FOR
UNITED STATES of AMERICA VIOLATION OF THE
FAIR DEBT
Defendant COLLECTION ACT &
JURISDICTION ERROR
Shane-christopher: buczek,
third party intervener as Grantor I Beneficiary
finding in violation of the fair debt collection practice act title 15 U.S.C. Sec. 1692 and with
his demand to vacate jury verdict for lack of proof of Mens rea, violation of the 6 th and 11 th
Amendment and the Federal District Court lacked jurisdiction wherein State jurisdiction by
statute prevailed in this instant case. See ... Cite 15 USC 1692p.
Within less than five days oflearning there was something wrong with the payment to
payment instrument via a negotiable instrument, a promissory note which is authorized by the
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 26 of 45
FAIR DEBT COLLECTION PRACTICES ACT Title 15 USC 1692f Sec 808(2).
The tenn "obligation or other security of the United States" includes all bonds,
certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve
bank notes, coupons, United States notes, Treasury notes, gold certificates, silver
certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn
by or upon authorized officers of the United States, stamps and other representatives of
value, of whatever denomination, issued under any Act of Congress, and cancelled United
States stamps.
The Promissory Note is legal tender as a national bank note, or note of a National
Banking Association, by legal and/or statutory definition (UCC 4-105 12 CFR See 229.2,
210.2, 12 USC 1813), issued under Authority of the United States Code 31 USC 392, 5103,
which officially defines this as a statutory legal tender obligation of THE UNITED
STATES, and is issued in accordance with 31 USC 3123 and HJR - 192 (1933) which
establish and provide for its issuance as "Public Policy" in remedy for discharge of equity
interest recovery on that portion of the public debt to its Principals, and Sureties bearing the
Obligations of THE UNITED STATES.
(See attached Memorandum on Promissory Notes).
There was no intent by Petitioner to defraud HSBC/BEST BUY, for a check and Federal Reserve
notes are promissory notes. See title 12 Sec. 1813 L(1) (See Exhibit "A" MEMORANDUM)
The government through Ausa Bruce has acted as a debt collector without first notifying
Petitioner Shane C. Buczek (Petitioner) via a validation letters, mini-Miranda warnings and
making demand for payment. AUSA Bruce's acts are vindictive, abusive and unconscionable.
(Sec. 1692a.) AUSA Bruce in his overzealous efforts to punish Petitioner for his purported
alliance with the sovereign American movement and wherein a remedy by Federal statute was
available to the government, totally by passed the well regulated FAIR DEBT COLLECTION
PRACTICES ACT and pursued Title 18 USC to prosecute Petitioner when the matter was civil
under State jurisdiction. The Federal District Court lacked standing to prosecute this case and
Section 1692a. Definitions (C) Any officer or employee of the United States or any State to the
extent that collecting or attempting to collect any debt is in the performance of his official
The government through AUSA Bruce acted vindictively when he obtained a search warrant for
Petitioner's parents home and descended on it with 20 agents to seize private property of
Petitioner in clear violation of the FAIR DEBT COLLECTION PRACTICES ACT and then
attempted to have Petitioner agree to a forfeiture in a proposed plea bargain, again using the
A debt collector may not engage in any conduct the natural consequence of which is to
harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting
the general application of the foregoing, the following conduct is a violation of this section:
(1) The use or threat of use of violence or other criminal means to harm the physical person,
(2) The use of obscene or profane language or language the natural consequence of which is to
(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a
consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1
of this Act.
(4) The advertisement for sale of any debt to coerce payment of the debt.
3
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 28 of 45
In telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any
6) Except as provided in section 804, the placement of telephone calls without meaningful
The government through AUSA Bruce wrote more than 22 threatening letters to Petitioner, and
had frequent meetings with him, wherein he harassed and intimidated Petitioner, all in violation
of said Petitioner's rights and all without the required validation letters and mini Miranda
warnings. The statute is there to prevent situations like these from being prosecuted federally.
If allowed to continue AUSA Bruce would have thousands of people imprisoned for writing bad
checks, which is in violation of the congressional intent of the FAIR DEBT COLLECTION
WARNINGS.
The charging document, the indictment, fails to provide the required validation warnings and
mini Miranda warnings, nor do any of the correspondence and pleadings from AUSA Bruce
contain the required warning. Therefore the actions of AUSA Bruce are invalid.
AUSA Bruce is a debt collector who chose to seek an indictment to collect the debt Petitioner
purportedly owed HSBC Bank by attempting to collect the purported debt in the plea bargain.
1. The FDCPA is a strict liability statute, and one violation is sufficient to establish
liability. Bentley v. Great Lakes Coli. Bureau, 6 F.3d 60 (2d Cir. 1993). A debt collector
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 29 of 45
who violates the FDCPA is liable for actual damages, additional statutory damages up to
$1,000 per action, attorney fees, and costs. 15 U.S.C. § I 692k(a).
2. h. Notice of validation rights and Miranda warning: Attorneys who fit the definition
of "debt collector" must give the Miranda warning required by § 1692e(11) in their
initial communication and must give an adequate written notice of the debtor's
validation rights under § 1692g within 5 days of the initial communication.
3. Some attorneys who have failed to give the Miranda warning have been held liable for
violating § 1692e(11). Romea v. Heiberger & Associates, 163 F.3d 111, 113-119 (2nd
Cir. 1998)(failure to give § 1692e(11) notice not excused in notice-to vacate letter); Frey
v. Gangwish, 970 F.2d 1516, 1519-1520 (6th Cir. 1992)(Post-judgment letter to
judgment debtor was initial communication with debtor despite prior communications in
underlying suit with debtor's attorney, thereby requiring the giving of the notice required
by this subsection)
5
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 30 of 45
Pursuant to HR 192 the type of money used to discharge a debt cannot be specified nor
demanded to be in any specific type of money, nor from any particular country See ... Cite; New
York Trust v. Henwood 307 US 847. Nothing in the Best Buy credit application prohibits
There is no federal jurisdiction over private promissory notes. See ... Cite; California Bankers
Association v. Schultz 416 US 21 n. 12-13. The federal government only has jurisdiction over
The jurisdiction over bad checks/promissory notes in debt collection is with the State.
See ... Cite 15 USC 1692p Through State sponsored Diversion programs, Congress enacted the
Fair Debt Collection Practices Act 15 USC 1692 et.seg. to curb abusive debt collectors from
collection of the debt, or any disputed portion thereof, until the debt collector obtains
verification of the debt or a.£ill!I of !! judgment, or the name and address of the original
creditor, and a copy of such verification or judgment, or name and address of the original
creditor, is mailed to the consumer by the debt collector.
(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this section may not be
construed by any court as an admission of liability by the consumer.
See attached memorandum on the FAIR DEBT COLLECTION PRACTICES ACT.
CONCLUSION
It is beyond all doubt that Petitioner had a belief that it was lawful to discharge a debt by using a
promissory note. There is no evidence that Petitioner possessed the intended 'Mens Rea' to
defraud HSBCIBEST BUY. It is further beyond all doubt that there is no federal jurisdiction over
promissory notes. Jurisdiction rests with the State of New York via its Diversion Program. The
government through Ausa Anthony Bruce also failed to supply the requisite validation letters
verifying the alleged debt(s). The government through Ausa Anthony Bruce failed to give
Petitioner Buczek a Miranda warning as was mandated by Federal Law and the FDCPA Act.
Wherefore; Petitioner respectfully requests the jury verdict be vacated, or in the alternative have
him sent to a State diversion program for bad check writers as required by statute.
I certify that the facts stated herein are true and correct under the penalty of
perjury as provided by 28 USC Section 1746, that I am over the age of 18, and that I have
firsthand knowledge of the facts stated herein.
In Trust
BY:~
shane-christopher:
as third party intervener'
lTITf"n/P'nf>r
Grantor/Beneficiary for:
SHANE C. BUCZEK a US TRUST
All rights reserved Without Prejudice
Without recourse UCC 1-308
b.. ?4,. '2()/O
7
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 32 of 45
JURAT
ERIE COUNTY )
) ss.
NEW YORK STATE )
~
j , '
CERTIFICATE OF SERVICE
8
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 33 of 45
" "
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 34 of 45
3 - - - - - - - - - - - - - - X
UNITED STATES OF AMERICA ) 08-CR-54 (WMS)
4 ) 09-CR-121 (WMS)
vs. ) 09-CR-141 (WMS)
5 )
SHANE C. BUCZEK, )
6 Defendant. ) Buffalo, New York
) August 20, 2009
7 - - - - - - - - - - - - - - - - X 1:47 p.m.
8 TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE H. KENNETH SCHROEDER, JR.
9 UNITED STATES MAGISTRATE JUDGE
10
KATHLEEN M. MEHLTRETTER, ESQ.
11 Acting United States Attorney
BY: GEORGE C. BURGASSER, ESQ.
12 Assistant United States Attorney
138 Delaware Avenue
13 Buffalo, New York 14202
14
MARIANNE MARIANO, ESQ.
15 Federal Public Defender
BY: BRIAN COMERFORD, ESQ.
16 Assistant Federal Public Defender
300 Pearl Street, Suite 450
17 Buffalo, New York 14202
Appearing on behalf of the Defendant
18
22
TRANSCRIBER: Christi A. Macri, FAPR, RMR, CRR, CRI
23 Kenneth B. Keating Federal Building
100 State Street
24 Rochester, New York 14614-0222
12
8 allowed to do.
10 to the notarizations that took place during the months of July and
13
3 would have been included in the order or it would have had to have
4 been--
6 and I'm not trying to prevent anybody from having their day in
7 court or having any legal argument, but I have to say, with all
17 time, taking up the U.S. Attorney's Office's time, and even going
19 bail violations.
14
1 have people who haven't worked in ten years and are driving big,
2 expensive cars and don't have any means of support, but yet the
12 I actually do take interest in the one comment you just made about
14 superiors.
16 have said that probably from about the second year I went on this
17 bench.
21 well as our office's time, the time that's being taken up here --
22 and I know how the initial charges were laid was due to the time
15
4 Mr. Buczek
6 billions and the SEC didn't seem to be too concerned for ten
12 And but for the fact of a lot of motions that would have
17 I told the Court before, you know, I'm aware of the additional
18 counts that were added. I've taken a look at that since I was
19 here on Monday, and I'm here for the purpose of asking the Court
21 determination.
21
3 three indictments. Mr. Bruce was all upset about how he was
5 indictments.
11 format.
22
9 And I'm not sure what it is Mr. Bruce told Mr. Kawski,
10 but I will say to you in all candor that I am of the opinion that
11 Mr. Bruce may have even mislead Mr. Kawski as to the seriousness
23
2 Les Miserables who would spend 20 years chasing the man who stole
6 kids blowing their heads off every day, the drug scene out there
7 just outrageous, innocent people can't even drive down the streets
8 without being shot at, and here we're spending this time on this
9 ridiculous nonsense.
24 have his bail revoked, instead of going and getting Mr. Kawski
24
2 motion.
7 Mr. Bruce to come and handle the revocation. Again, I'll carry
10 good.
13 what happened after the last alleged bail violation is Mr. Bruce
22 like to speak to her, put her under oath, she would be willing to
25
2 our taxes, who have hidden accounts in Switzerland, who have all
4 have.
8 an awful long time to even get the ball rolling. So don't tell me
10 case.
17 organization, they certainly have the tools and the manpower and
25 idea that I'm some left-wing liberal who has gone amuck, as you
Case 1:09-cr-00121-WMS-HKS Document 228 Filed 10/12/10 Page 44 of 45
26
6 Your Honor.
11 so fragile.
18 there's a violation.
24 Court's time.
31
5 Anything else?
10 * * *
11 CERTIFICATE OF TRANSCRIBER
12
16
17 S/ Christi A. Macri
19
20
21
22
23
24
25