UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

-------------------------------------
UNITED STATES OF AMERICA,

-vs- 09-CR-121S

SHANE BUCZEK,

Defendant.
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Proceedings held before the

Honorable William M. Skretny, Part IV,

U.S. Courthouse, 68 Court Street,

Buffalo, New York on February 26, 2010.

APPEARANCES:

MARY CATHERINE BAUMGARTEN,

Assistant United States Attorney,
Appearing for the United States.

SHANE BUCZEK,
Appearing Pro Se.

BRIAN COMERFORD,
Assistant Federal Public Defender,
Appearing as Standby Counsel for Defendant.

Michelle L. McLaughlin, RPR,

Official Reporter,
U.S.D.C. W.D.N.Y.
(716)332-3560
 2

1 THE CLERK: Criminal case 09-121, criminal

2 case 08-54, criminal case 09-141, United States of

3 America versus Shane Buczek.

4 THE COURT: Okay. I guess this is a

5 status with respect to update on where we are on

6 the case set to go to trial next week, and/or the

7 other related cases. You want to, from the

8 government's standpoint, Miss Baumgarten, tell me

9 where you think we are.

10 MS. BAUMGARTEN: Judge, I have been

11 meeting and discussing the potential pretrial

12 disposition as to all of the three matters that are

13 pending against the defendant. I've been working

14 through Mr. Comerford, and we also did have a

15 meeting with Mr. Comerford, the case agent, myself,

16 and Mr. Buczek and his family last night. It was

17 my understanding that there may have been a

18 disposition reached. I'm probably not the best

19 person to advise the Court at this point. An offer

20 has been tended, your Honor, that would dispose of

21 all three matters.

22 THE COURT: Thank you. And then,

23 Mr. Comerford, you acknowledge receipt of the

24 government's offer?

25 MR. BUCZEK: Yes, your Honor.

 3

1 THE COURT: All right. And, Mr. Buczek,

2 you've been in discussion with the government and

3 Mr. Comerford and your parents in this regard?

4 THE DEFENDANT: Judge, are you referring

5 to the legal entity or the living matter?

6 THE COURT: I'm referring to Shane Buczek.

7 THE DEFENDANT: All right, so that will be

8 the living man?

9 THE COURT: You appear to be that, yes.

10 THE DEFENDANT: Okay. Thank you. We have

11 had discussions, and I mentioned something about my

12 idea of this whole case, and I -- I really, you

13 know, without -- to keep it real short, there's

14 been no proper notice. I see absolutely no

15 controversy in all three of these cases.

16 Now as the paramount security interest holder

17 and holding all property and collateral, registered

18 and unregistered, which I made it clear last time

19 that all of this can be referred back to Broward

20 County, everything is there.

21 THE COURT: No, Mr. Buczek, you're off

22 point. Where are we as far as what you're going to

23 do, because -- I mean, I know that's your position,

24 but I don't think that addresses my question in

25 terms of the offer and whether you're going to

 4

1 accept it. You have repeated that position for a

2 long time. But it's time to either address whether

3 we're going to trial on Monday or not. That's

4 where we're at.

5 THE DEFENDANT: Fine. I just, you know, I

6 see no evidence of controversy. I see no evidence

7 that I'm a, you know, a legal entity. And I think

8 you understand that. And I know that back in the

9 transcripts, as I was reading -- all my transcripts

10 are here today, and I was reading what you were

11 trying to say to me about that, it's clear that the

12 United States has the authority, and I don't agree

13 to that. And it's clear that I'm the defendant,

14 and I don't agree to that, because I'm not the

15 defendant. But I understand the Court's going to

16 go forward, they're going to set it for trial, and

17 the public -- or the public defender's office and

18 the U.S. attorney's office is already saying I'm

19 guilty. As a living, breathing man I'm guilty

20 already. So it's either this or go to jail for a

21 long time.

22 THE COURT: Okay. Well, you have to

23 realize --

24 THE DEFENDANT: And I --

25 THE COURT: No, let me finish. I'll

 5

1 extend the courtesy to you as well. Nobody can say

2 that you are guilty, because the indictment is not

3 evidence, and it is an instrument that's been

4 returned to apprise you of what the charges are

5 against you. If you go to trial, you're presumed

6 innocent. The government must prove you guilty

7 beyond a reasonable doubt. That's what we're

8 talking about here. The document is a charging

9 instrument. You are named in the capacity that you

10 appear on the face of the indictment, and you will

11 face that charge. Now, the reason I, in part, tell

12 you that is because ultimately the sentencing

13 decision, in the event that you are either

14 convicted after trial or if you enter a plea of

15 guilty to anything that's acceptable, you get the

16 benefit of my sentencing. I can't give you a

17 commitment at this point in time, but I am the

18 sentencing authority. And that comes into play

19 only, one, after a conviction or after a plea of

20 guilty is entered and I accept it. But there will

21 be a trial, I mean, irrespective of your position

22 now if you say that you're not willing to accept

23 the government's offer. So what's going to happen

24 is there will be a trial next week. And then I

25 will issue a decision on all of the matters that

 6

1 are still pending. You will have the benefit of

2 that, and then we will be ready to start the trial.

3 But that's, in essence, your decision to make. You

4 either go to trial or you don't.

5 THE DEFENDANT: Well, Judge, you know,

6 I -- I don't consent to the trial, and I waive all

7 my benefits and privileges. I think I waived that

8 several times already.

9 THE COURT: Now, see, you don't consent to

10 a trial. Okay. They are charging you. They have

11 a burden. You are presumed innocent. That's the

12 full extent of it. It does not involve your

13 consent. And if you have appeal issues, so be it.

14 That's at the next stage, but as far as trial is

15 concerned, you don't get the opportunity to consent

16 to a trial or not. You are charged, and you will

17 go next week. So, it's not an issue of consent at

18 least at this stage.

19 If you want to plead guilty to whatever the

20 offer is and appeal after that, I suppose you can

21 do that. If you are found guilty, you can appeal.

22 If you are acquitted, well, then, you move on. But

23 you know the system. There's no question about

24 that, right?

25 THE DEFENDANT: Well, Judge, you know, I

 7

1 have never clearly had any of my paperwork

2 answered. And I know paperwork is all hearsay and

3 all that. Sometimes you don't even need paperwork,

4 because you're looking for my testimony I think,

5 and on the record, on and for the record, I'm not

6 the defendant, because I looked up the definitions

7 and all that. And there's been no proper notice,

8 and again, I urge the Court that there's no

9 controversy. I see no controversy. I read the

10 plea deal. And they're saying it is, and I say

11 well, I don't see it. And I can, you know, sit

12 here and talk about all these issues, but we're not

13 going to do that. I just don't see no controversy.

14 And for me to sign a plea deal with no original

15 accusatory instrument, original, not a piece of

16 paper, hearsay evidence, I'd probably be committing

17 a crime.

18 THE COURT: No, you're not, Mr. Buczek.

19 The document is a filed record of the court.

20 THE DEFENDANT: All right.

21 THE COURT: And I suppose if --

22 MR. BUCZEK: I just --

23 THE COURT: Go ahead.

24 THE DEFENDANT: I just need to come to a

25 conclusion of this case. Trust me, I don't want to

 8

1 be here. I don't want to be wasting your time. I

2 want Brian done with me. I want to conclude this.

3 But, I also want to follow the rule of law, and

4 that is what I -- the stuff and all the information

5 I've read is I know in my mind that I'm not the

6 defendant. I know in my mind there's no

7 controversy. I know in my mind there's no proper

8 notice. What am I doing here? Why do I got an

9 ankle bracelet around for two years now and the

10 ratification of commencement hasn't been met.

11 That's not an argument. I'm just trying to follow

12 what is in front of me, that's all.

13 THE COURT: See, if you didn't have

14 notice, you couldn't be here. You do have notice

15 and that's why you're here. And there is an

16 instrument that charges you with committing a

17 crime, and that's what you in effect responded to

18 by being here. So, that's all -- the fact that you

19 say you haven't had notice, that's not accurate,

20 otherwise how do you explain the fact that you are

21 here?

22 THE DEFENDANT: Right. Under threat and

23 duress, right.

24 THE COURT: No. Well --

25 THE DEFENDANT: If I couldn't come here,

 9

1 what's going to happen? They're going to ransack

2 my parents' house, bring me in here, there's been

3 no injured party, there's no verified complaint.

4 It's not an argument. I'm just putting things on

5 and for the record, that's all. I don't want to

6 waste your time. But, you know, I'm reading things

7 and looking at the laws. I know Title 18 is not in

8 the federal register. I know all that stuff, but

9 we're here.

10 THE COURT: That's not right. Title 18

11 Section 1542 charges you -- that's the statute that

12 you are charged with violating, so, plain and

13 simple, and the instrument is a charging

14 instrument, and you are presumed innocent. So if

15 you choose to put the government to the burden of

16 proving you guilty, if it can, with its evidence,

17 that is your decision. And that will be respected.

18 But you are here. There is an instrument. You do

19 have a plea offer. It is the system of this Court,

20 and as I told you, what applies here are the rules

21 of evidence, and the rules of criminal procedure.

22 Whether you agree with them or not, they are the

23 controlling rules of this forum, and you are

24 subject to the rules of this forum. So, it is your

25 decision. You may not agree. In your own mind,

 10

1 you don't think you have to consent, but the fact

2 of the matter is the case will proceed forward if

3 you don't accept the plea offer.

4 Remember, I'm the one that will be sentencing

5 you on either the plea or after conviction if, in

6 fact, you are convicted. And you may not be. That

7 remains to be seen. But remember that stuff that

8 you're referring to as a living, breathing being,

9 et cetera, et cetera, that's not admissible at

10 trial, as the rulings have indicated, except on the

11 issue of intent here. So --

12 THE DEFENDANT: Well --

13 THE COURT: But that is the rule, and

14 believe me, I mean, I've given your case a lot of

15 thought.

16 THE DEFENDANT: I know. I know.

17 THE COURT: You have to -- I mean, you

18 are -- not that you have to do, really, anything

19 other than be here and choose to defend or not,

20 come next week. That's really what your choice

21 will be. But I will apply the rules of evidence,

22 remember that, and you can make your record. I'll

23 give you that opportunity, but remember the

24 consequences. You do face possible conviction. On

25 the other hand, you face possible acquittal, and

 11

1 you know the system, so -- you may not agree with

2 it, but you know it.

3 THE DEFENDANT: I do know about the

4 original note and a verified affidavit of

5 complaint, the real party of interest, and we never

6 really had a discussion, which I don't want to get

7 too deep into that, but it's right there in black

8 and white.

9 THE COURT: No, it's not, Mr. Buczek. And

10 your black and white is different from the rules of

11 what's black and white as far as what we have to do

12 next week, and by we, I mean, I preside, you are

13 the defendant. The government will be prosecuting

14 you under the notice document. You are on notice

15 of what crime you are accused of committing. And

16 that will take place. And the jury will have to

17 decide it, and their verdict will have to be

18 unanimous, and all the same rules that apply to

19 every living human being that is accused of a crime

20 in this country will be applied in this particular

21 case. No exceptions. So, you know, it's a serious

22 decision.

23 THE DEFENDANT: It is.

24 THE COURT: Give it a lot of thought.

25 Because, again, I remind you, you know, what I do

 12

1 by way of sentencing is, to the best of my ability,

2 fair, just, reasonable, sufficient, but not greater

3 than necessary. It takes into account all of the

4 factors, mitigating as well as aggravating, but it

5 will be a fair sentence regardless of whether you

6 plead or if in the event you are convicted after

7 trial. The difference comes in I think in terms of

8 your exposure, and I assume that you face less

9 under the terms of the plea agreement, than you

10 might if you go to trial on three different cases.

11 And, of course, that's your decision to make. I

12 will proceed as absolutely fairly to both sides as

13 I can. But you have to think about what you are

14 exposed to ultimately if you go to trial. If you

15 are convicted, you certainly have a right to

16 appeal. You should weigh what your rights are as

17 far as appeal is concerned. I don't want to

18 repeat. I know where you're coming from. But, you

19 know, give it -- give it serious thought, if you

20 haven't already. Does the plea agreement require

21 that there not be an appeal?

22 MS. BAUMGARTEN: There is that -- a

23 provision is included, your Honor. It is the

24 standard waiver of the rights of appeal.

25 THE COURT: With respect to the guideline

 13

1 range applicability.

2 MS. BAUMGARTEN: Correct, your Honor, as

3 the Court has noted, without addressing the

4 specifics of the plea agreement, not only does it

5 dispose of the three matters that are currently

6 pending, but also it's substantially less exposure.

7 Having said that, your Honor, I realize I'm not the

8 defendant's attorney, I cannot give him legal

9 advice, but one of the issues that did arise in a

10 limited fashion was the defendant's ability to

11 speak to the Court at sentencing and raise whatever

12 issues he might have with respect to the sentence

13 the Court might impose. So to the extent that

14 there might be limitations on the theories or

15 arguments made before a jury based on this Court's

16 ruling at a trial, that he would have an

17 opportunity to address the Court with respect to

18 those.

19 THE COURT: Okay. Thank you, Miss

20 Baumgarten. If you understand I think what the

21 prosecutor is saying is that in the event that this

22 matter proceeds to sentencing, I'll give you the

23 full opportunity to address me with what you think

24 are all of the relevant considerations before I

25 impose final sentence, and that's, from my mindset

 14

1 standpoint, the best way to assure that the

2 disposition in this case will be fair to you if you

3 go pursuant to a plea agreement.

4 If there's a conviction and sentencing results,

5 I will give you the opportunity, certainly, to make

6 your case, but your exposure becomes greater in all

7 likelihood. So, you know, you have the opportunity

8 to give me all of the information that you think is

9 mitigating. But there has to be a disposition

10 first, either by jury verdict or by a plea. And

11 one way or another we're going to get one of those

12 because we start trial next week.

13 THE DEFENDANT: I never took a not guilty

14 plea, Judge. And, you know, I think I put

15 something in yesterday that Judge Schroeder put a

16 not guilty plea in for me. And I put a notice of

17 mistake in yesterday. Did you have an opportunity

18 to see it? I don't want to pull it out and read it

19 all into the record. If you want me to, I have it

20 right here.

21 THE COURT: Well --

22 THE DEFENDANT: What I'm trying to get to

23 is the jurisdictional issue. It's called Notice of

24 Mistake with Declaration in Support Notice of

25 Election of a Choice in Action and Conversion on

 15

1 All Liability. It's only two pages long. I don't

2 want to take up the Court's time, but I'm willing

3 to read the documents into the record. It's filed

4 February 25th, 2010. And all I'm trying to do is,

5 on and for the record, I have never officially

6 taken a not guilty plea. You're probably saying

7 why haven't you taken a plea, right?

8 THE COURT: Have you explored Alfred?

9 MS. BAUMGARTEN: I don't believe that

10 would be a satisfactory disposition, your Honor.

11 Truly with the auspices of Mr. Comerford, his

12 advocacy on it, I believe, your Honor, that the

13 best possible offer has been made to the defendant

14 to resolve all three matters.

15 THE COURT: Okay. Well, you know, I don't

16 know what else to tell you at this point,

17 Mr. Buczek. You know, you have the offer. If you

18 want to give it some more time, that's fine. You

19 know, all indicators are that the proper procedures

20 and terms of proceeding on the indictment have been

21 followed to date. The trial will take place

22 starting next week, so, you know, you should get

23 your act together and do your preparation. Rely on

24 the assistance of backup counsel, if that is

25 helpful to you, but again, keep in mind that the

 16

1 proper rules will be applied in this case. So --

2 MS. BAUMGARTEN: Judge, the offer is not

3 open-ended. I did provide notice of that to the

4 defense, because of the nature of what's been

5 included in the government's necessity if -- we do

6 have final preparations, including a number of

7 witnesses and things, so this really is -- has been

8 conveyed to the defense, your Honor.

9 THE COURT: I know you're ready to go to

10 trial, right? I mean, you're doing the best you

11 can to get a fair resolve here.

12 MS. BAUMGARTEN: Absolutely, Judge, but I

13 say that only because there may be modifications if

14 the plea is not taken, you know, sooner rather than

15 later, your Honor.

16 THE COURT: What's the cutoff point on the

17 plea?

18 MS. BAUMGARTEN: It's been extended three

19 times to today, your Honor.

20 THE COURT: Okay.

21 MS. BAUMGARTEN: At the request of the

22 defense, Judge.

23 THE COURT: All right. I'll tell you what

24 you do, come back here at 2:00 o'clock, and the

25 government will agree to keep the plea open until

 17

1 then?

2 MS. BAUMGARTEN: Yes, your Honor.

3 THE COURT: Mr. Comerford, you're

4 available until then?

5 MR. COMERFORD: I am, your Honor.

6 THE COURT: Mr. Buczek, no coercion. Just

7 recognize what you face, okay? Look at the plea

8 agreement again. All right. I know you -- I mean,

9 you're a bright guy, and you've gone through it a

10 lot, and you have your views on whether it requires

11 consent, whether it's legitimate, whether there's

12 been a plea of not guilty or guilty entered, all of

13 those things, but, again, try to get your focus on

14 being realistic in terms of what the choice is that

15 you have to make. And take a look at it, do

16 whatever last minute discussions you have to do

17 with Mr. Comerford, your parents, whatever the case

18 may be. At 2:00 o'clock it comes to a close. That

19 will give you, one way or another, piece of mind,

20 and then if it's don't go forward with trial, then

21 we'll set a prompt time for the taking of a plea.

22 We'll proceed to sentencing with a full opportunity

23 for you to be heard to entrust me with making

24 certain that the sentence is a fair sentence, and

25 that's what I will do.

 18

1 If it means you're going to trial, keep in mind

2 it will be a trial, and again, you will be treated

3 very fairly, as will the government, but you need

4 to prepare for trial. And maybe you feel you're

5 already there, I don't know. But, you know, I

6 think in your best interest, whatever effort you

7 need to make to get prepared for trial, because so

8 much is at stake for you, that you devote your time

9 after 2:00 o'clock today, if you're going to trial,

10 to preparing, because we will start Monday and

11 Tuesday, and proceed through the week. Okay.

12 2:00 o'clock.

13 MS. BAUMGARTEN: Thank you, Judge.

14 MR. COMERFORD: Thank you, Judge.

15 THE DEFENDANT: All right. I'll save it

16 for then. I wanted to say something.

17 THE COURT: Say it. Get it behind you.

18 And then please just do what I'm asking you to do,

19 try to get your focus to whether or not you can

20 accept or not, before the terms change, before

21 there's not an option available to you. That's all

22 I'm saying. If there's no option -- I mean, think

23 about what that means if you're convicted. If you

24 feel that you have a defense, you're willing to

25 take the risk, and you're willing to push the

 19

1 government to its ultimate to prove you guilty, it

2 will be under the rules of court, evidence,

3 procedure, and on the basis of the indictment which

4 in this system is a legitimate charging instrument.

5 And we will proceed forward on that basis, and then

6 the consequences are what they are.

7 THE DEFENDANT: I know, and I just on and

8 for the record all I've been looking for the

9 original charging instrument forever. And I don't

10 even know where it's at. Not a copy or certified

11 copy. I don't know if I made myself clear the last

12 time, but it's called the original. Because you

13 can't be foreclosed on -- well, I'm -- not

14 foreclosed on, you can't go to jail without the

15 original charging instruments.

16 THE COURT: There is an original

17 document --

18 THE DEFENDANT: I've never seen it.

19 THE COURT: -- that's on file with the

20 clerk's office. Is that not satisfactory to you?

21 THE DEFENDANT: I've never seen it, Judge.

22 I've been down to the clerk's office, trust me,

23 many, many times. And all I know is what I know,

24 and I know one thing, you have to have an original

25 charging instrument before you can proceed on

 20

1 any -- if it's criminal, civil. That's why I keep

2 on saying this is not criminal, this is civil and

3 there's no injured party.

4 THE COURT: You can say that. You can say

5 it, but guess what? Guess what? It is criminal,

6 Mr. Buczek. It is. Please accept that in terms of

7 at least what the instrument is. You don't have to

8 acknowledge it necessarily, but it is, under our

9 system, criminal, okay? So just keep that in mind.

10 THE DEFENDANT: You know, I just --

11 THE COURT: What does the docket say, is

12 there an original indictment filed?

13 THE CLERK: Judge, the indictment that's

14 filed, because it was publicly I don't think has

15 the foreperson's name on it. There's just an S

16 slash one filed, because it's --

17 THE COURT: Electronic. All right. Okay.

18 Anything additional, Mr. Comerford?

19 MR. BUCZEK: No, your Honor.

20 MS. BAUMGARTEN: No, your Honor.

21 THE COURT: All right. Okay. Decision is

22 yours. No force, no intimidation. 2:00 o'clock.

23 THE DEFENDANT: Okay. At that time could

24 I maybe get an opportunity to see the original

25 instrument maybe?
 21

1 THE COURT: We'll get --

2 THE DEFENDANT: Okay.

3 THE COURT: -- whatever there is, it is

4 legitimately docketed and filed, just so you know,

5 okay?

6 THE DEFENDANT: All right. Thank you.

7 (Case was recessed.)

8 THE COURT: Okay. Miss Baumgarten is

9 here, Mr. Comerford, and Shane C. Buczek is also

10 here.

11 You want to call the case again. We're

12 resuming proceedings, please.

13 THE CLERK: Criminal case 09-121, criminal

14 case 08-54, criminal case 09-141, United States of

15 America versus Shane Buczek.

16 THE COURT: Okay, thank you. Mr. Buczek,

17 I had asked you to, in effect, use the time wisely

18 from the time that we had recessed until

19 approximately 2:00 o'clock. It's now 2:15 p.m.

20 And what I will do at this point in time, and then

21 I will further discuss what your intentions are in

22 terms of proceeding, I will release to

23 Mr. Comerford right now the original indictments in

24 each of the three cases in which you are indicted.

25 And you may take a look at those documents. They

 22

1 are the originals. And then once you have viewed

2 them, I will take them back, and I will give you an

3 attested to and certified copy of the original

4 indictment so that you will have them. And I think

5 that should put to rest the concern you have that

6 there is no original document on file. That's

7 acceptable to you I take it?

8 THE DEFENDANT: Yes, Judge, if it's blue

9 ink signature.

10 THE COURT: I think it is blue ink

11 signature, yes. Okay.

12 Mr. Comerford, you want to take the three

13 indictments please, and -- they bear the seal of

14 the court as well, at least in terms of the filing

15 of the document.

16 All right. That is indictment number what that

17 you are showing to Mr. Buczek, Mr. Comerford?

18 MR. COMERFORD: 08-CR-54, Judge, the

19 passport case I believe.

20 THE COURT: I'm sorry, I didn't hear what

21 you said.

22 MR. BUCZEK: The passport case I believe,

23 Judge.

24 THE COURT: All right. And then if you

25 would show him the second indictment, please, and

 23

1 identify it by number.

2 MR. COMERFORD: Judge, this is 09-CR-121

3 which is the Best Buy case.

4 THE COURT: Okay. And that's the one we

5 are to proceed to trial on if we go forward with

6 this case.

7 MR. COMERFORD: Yes, Judge.

8 MS. BAUMGARTEN: It's the charge of the

9 bank fraud, your Honor.

10 THE COURT: Yes.

11 MR. COMERFORD: And then 09-CR-141, which

12 is the contempt charge, Judge.

13 THE COURT: Okay.

14 THE DEFENDANT: Judge, I don't see any

15 raised seals on any of these.

16 THE COURT: Okay.

17 MR. BUCZEK: The original -- apparently

18 these are the originals?

19 THE COURT: They are the originals.

20 THE WITNESS: How many originals were

21 made?

22 THE COURT: Those are the originals,

23 Mr. Buczek, and what I'm going to give you is a

24 raised seal, attested and certified copy. So that

25 I think should complete your picture that has been

 24

1 requested. These are the three attested to and

2 attested to and certified raised sealed copies that

3 you are now being provided with.

4 THE DEFENDANT: This is certified copies.

5 THE COURT: Attested to and certified.

6 MR. COMERFORD: This is 08-CR-54, this is

7 09-CR-121, and this is 09-CR-141.

8 THE DEFENDANT: Okay. Judge, I'm familiar

9 with these. I've already several times did an

10 acceptance, you know, setoff, and adjustment of the

11 account. Numerous times.

12 THE COURT: Well, it doesn't have to do

13 with an adjustment of an account, Mr. Buczek. What

14 it is is the formal charge against you in three

15 separate indictments. So, those are what you have

16 requested. And I think that should put to rest the

17 concerns that you had that you were not properly

18 indicted by a federal grand jury. So, the charging

19 instrument, if you will, is the criminal claim

20 against you in each case.

21 THE DEFENDANT: Which draws me to another

22 question, and I have never got an opportunity to

23 ask Judge Schroeder about this, but there was

24 apparently some type of order where I was not

25 allowed to send anything to the IRS. To my opinion

 25

1 it's bizarre, and why would that be that?

2 THE COURT: Well, again, that may be a

3 collateral matter. I'm not in any way conversant

4 with whether that's relevant or not to the

5 indictment that constitutes the basis for going to

6 trial next week.

7 THE DEFENDANT: Wouldn't that be a

8 restriction of my rights?

9 THE COURT: That's -- we're not here to

10 discuss any of that, Mr. Buczek. The issue is what

11 you've asked for. You've received your

12 indictments. You now know that there are originals

13 of the indictments that you face, and you are to

14 view those in the context, please, of the

15 negotiated plea agreements relative to those three

16 indictments. You have to make a decision whether

17 you are going to go forward by way of plea as

18 proffered and otherwise the plea offer is off of

19 the table. This is your final chance really to

20 accept that plea offer. And if you do not accept

21 it, then I urge you to begin further preparations

22 for trial. We do start on Monday. Well, there is

23 a conference I think on Monday, right?

24 MR. COMERFORD: That's right, Judge.

25 THE COURT: All right. So I consider that

 26

1 part of the trial process. And to consult with in

2 all respects Mr. Comerford to assist you in

3 preparation and decision making and determination

4 of the applicable rules of evidence and procedure.

5 Again, what I'm trying to suggest to you is

6 that whatever your decision is, ultimately if there

7 is to be a sentencing and in any one of your cases

8 or all of the cases I will be, to the best of my

9 ability, immanently fair to you and to the

10 government. And I will be open to whatever

11 considerations are proper matters for consideration

12 under such factors -- consideration as Section

13 3553(a) factors in connection with sentencing, and

14 I will do the same for the government. So, really

15 the decision now must be made by you.

16 THE DEFENDANT: Judge, on February 25th,

17 which was yesterday, I filed a document called a

18 Notice of Mistake and Declarations in Support of

19 Notice of Election of Chosen Action Conversion of

20 All Liability. On page 2, number 3 -- and I can

21 verify this with transcripts later -- page 2 --

22 I'll wait until you get there. Number 3 says as

23 the magistrate has so converted all liability of

24 the defendant as surety for the same, I accept for

25 value said conversion without recourse or

 27

1 reservation. I've never taken a not guilty plea in

2 this case, Judge.

3 THE COURT: All right. So does that mean

4 you are going to proceed to trial in any event?

5 THE DEFENDANT: No, I just want to stay on

6 point.

7 THE COURT: All right. You've made the

8 point. You either go to trial or you don't,

9 Mr. Buczek. I'm trying to be as fair with you as I

10 possibly can. You have to make that decision. I

11 know it's difficult, and there comes a time when we

12 all have to make difficult decisions, but, again,

13 keeping in mind you have that appeal right as

14 defined in the plea agreement. I will be, if there

15 is a plea, the sentencing judge, and I will be as

16 fair as I possibly can be to you. Otherwise, you

17 face the possibility of more dramatic consequences

18 in the event of a conviction. But you are presumed

19 innocent under the law, and the government has the

20 exclusive burden of proving you guilty beyond a

21 reasonable doubt.

22 THE DEFENDANT: Judge, are you going to

23 make -- I guess you're going to make rulings on

24 said paperwork that's been filed last week and this

25 week?
 28

1 THE COURT: I am.

2 THE DEFENDANT: Okay. Well, I just want

3 to put it on and for the record then that the

4 conversion has been made. And I do have those

5 transcripts. I don't have them on me or in front

6 of me right now, but let the record show that the

7 judge elected -- made a chosen decision to go ahead

8 and put a not guilty plea in for me and accepted

9 all liability. So it's all right here. I can read

10 this whole thing into the record.

11 THE COURT: No, that's really okay. You

12 filed what you have filed.

13 THE DEFENDANT: I want to stay focused

14 just on this one document, because I don't want to

15 dove off, because all these already have been -- in

16 my belief system, it's already been set off.

17 THE COURT: Well, again, we're getting

18 back to whether you're going to trial or not. And

19 I am prepared to issue a decision, if need be, an

20 order, relative to the outstanding matters before

21 me, including the petition to dismiss the Lack of

22 Ratification of Commencement and No Controversy,

23 that's one; the affidavit of Negative Averment,

24 Opportunity to Cure, and counterclaim, seeking

25 dismissal of the indictment; and there's a matter

 29

1 of -- relating to docket number 66, and also your

2 global demand to recuse certain individuals from

3 the case for purposes of -- or at least based upon

4 conflict of interest. And you also have a Global

5 Demand to Dismiss for Malicious Selective

6 Vindictive Prosecution, and that's also tied into

7 the disqualification of AUSA Anthony Bruce. I will

8 make rulings with respect to all of those. And I

9 can tell you right now, I mean, all of those

10 matters will be denied.

11 THE DEFENDANT: I know.

12 THE COURT: Okay.

13 THE DEFENDANT: I know. But I'm not the

14 one that called Anthony Bruce vindictive, it was

15 Judge Schroeder, so let the record reflect that.

16 Any time you have any type of presumption, not only

17 one case, but all three cases are spoiled. It's

18 like -- what is it, the fruit from the poisonous

19 tree doctrine.

20 THE COURT: Once again, there's a lot of

21 matters we could talk about for a long period of

22 time. But as I mentioned earlier, there comes a

23 point in time where you have to make the difficult

24 decision. And that what appears to me to be a

25 difficult decision for you is whether you go to

 30

1 trial starting Monday or Tuesday of next week,

2 whichever way you want to view it, or whether or

3 not we proceed with a plea to the plea agreement

4 that has been proffered to you and that you have

5 reviewed with both Mr. Comerford, and, as I

6 understand it, Miss Baumgarten in an effort to make

7 certain that there were no misunderstanding with

8 respect to the terms and conditions of that plea

9 offer. So --

10 MS. BAUMGARTEN: Judge, there were other

11 individuals present when I was speaking with

12 Mr. Buczek. Although he is pro se, Mr. Comerford

13 has been present during those discussions, your

14 Honor.

15 THE COURT: Okay. It was you,

16 Mr. Comerford --

17 MS. BAUMGARTEN: The agent from the FBI

18 and also Mr. Buczek's dad.

19 THE COURT: Okay. All right.

20 MR. COMERFORD: That's correct, Judge.

21 THE COURT: All of that is for record

22 purposes. You know, in my judgment you've had

23 enough time to make the decision. I tried to

24 accommodate as best I can --

25 THE DEFENDANT: I know.

 31

1 THE COURT: -- with addressing your

2 concerns and your needs. And I think we're at that

3 point.

4 THE DEFENDANT: I understand -- that part

5 I -- I comprehend what you're saying. But to say I

6 understand would be not accurate, because if you

7 understand, it shows that there's what?

8 Controversy. And I'd like to bring that up one

9 more time on and for the record that we know

10 there's no controversy, and I understand -- I

11 understand there is a lot of money riding on this

12 case in Wall Street. I understand that. And it's

13 not about right or wrong, and, you know, that part.

14 But, Judge, come on, we know there's no controversy

15 here.

16 THE COURT: Well, see, that's where you

17 and I differ.

18 THE DEFENDANT: Well --

19 THE COURT: The controversy is the result

20 of the criminal charge that's brought against you.

21 That is the controversy. You may not acknowledge

22 it as such. The controversy works this way. You

23 are charged with committing a crime, okay, and I

24 know you're smiling at me and I'm kind of smiling

25 back, because we've been through this so many

 32

1 times. The fact of the matter is if the

2 government's proof is enough to convince a jury

3 beyond a reasonable doubt and you are convicted,

4 then we have to proceed on that basis. And you

5 know the consequences are likely more dire under

6 that scenario than they are pursuant to the terms

7 and conditions of the plea agreement. So, there is

8 a case in controversy here from a criminal law

9 standpoint. The indictment charges you with

10 committing a crime, and I produced for you the

11 original indictment. You now have an attested to

12 and certified copy of that indictment returned by a

13 properly impaneled federal grand jury on the basis

14 of evidence presented to it. The document is not

15 evidence, that's true. But it contains a statement

16 of the charge that you face going into this trial,

17 and you have the presumption of innocence that you

18 can carry with you through the course of the trial.

19 That's your choice. On the other hand, you have

20 the opportunity to enter a plea that disposes of

21 all three indictments.

22 You need to make that decision. Nobody's going

23 to force you to do it. You have to make that

24 decision. That's what you need to do. But you're

25 not going to be forced into it by me our anybody

 33

1 else. You, of free will, recognizing what you have

2 by way of countering evidence, if any, whatever

3 arguments can be preserved for appeal, whatever,

4 they all come in to play. But the fact of the

5 matter is you have a charging instrument, a trial

6 scheduled, you're going to trial if you don't

7 decide now. Okay.

8 THE DEFENDANT: But I've never taken a not

9 guilty plea, and that's my -- I don't want to pound

10 this down, but it's right here, Judge.

11 THE COURT: Well, are you saying that

12 you're guilty then?

13 THE DEFENDANT: No. How could I be guilty

14 when there's no ratification of commencement?

15 THE COURT: No, we're not getting -- you

16 are charged. Please accept that fact. You don't

17 have to agree with it from your philosophical

18 standpoint. You don't have to do that. But the

19 fact of the matter is under our legal system you

20 are charged with committing a crime. You are

21 presumed innocent until proven guilty, but you have

22 to work within the four corners of the system to

23 deal with that, and that's where we're at. Okay.

24 THE DEFENDANT: Any last comments on

25 the -- what I just brought up about the --

 34

1 THE COURT: None whatsoever. No. It's

2 either you go pursuant to a plea agreement or you

3 go to trial.

4 THE DEFENDANT: Will there be -- I guess

5 the U.S. attorney's office doesn't have the

6 liability to answer any of the paperwork that we

7 put in? They've already been denied, right?

8 Generally you're supposed to answer -- when you put

9 a document in, you're supposed to answer it.

10 MS. BAUMGARTEN: I think a response, your

11 Honor, was filed with respect to the recusal

12 motion. I did see after hours that there was a

13 filing. Quite frankly, your Honor, I have not yet

14 had an opportunity to review it based on the press

15 of other matters and preparing for these

16 proceedings today that I thought were going to

17 proceed a certain way.

18 THE COURT: Okay.

19 MS. BAUMGARTEN: But I'm --

20 THE COURT: I've considered everything I

21 need to consider for purposes of the decision, and

22 there will be an elaboration on that, but

23 nevertheless, you know the outcome of the decisions

24 on the matters that I referenced. It's not always

25 essential that the government submit on each and

 35

1 every issue. It's not mandated. If I feel that I

2 have enough to make a determination, I do it, not

3 just in your case, Mr. Buczek, but in many, many

4 cases, particularly criminal cases.

5 THE DEFENDANT: And I know you've already

6 made a record you do see me as a living, breathing

7 man, and you -- you understand that.

8 THE COURT: I mean, I think everybody here

9 sees you as a living, breathing man.

10 THE DEFENDANT: Right, not a corporate

11 entity.

12 THE COURT: I'm not sure what a corporate

13 entity looks like, but nevertheless, you are a

14 living, breathing man by my account. And we're

15 having an intelligent dialogue here. I think, were

16 you not living and breathing, we wouldn't be able

17 to do that, right?

18 THE DEFENDANT: Yeah, you'd think so.

19 THE COURT: One would think.

20 THE DEFENDANT: Right.

21 THE COURT: I mean, I've -- you know --

22 okay.

23 THE DEFENDANT: I think you said enough.

24 I just want to make a record of it that in my

25 opinion, because I don't want to make a formal

 36

1 finding because I'm not a judge, but I don't see --

2 you know, I see no controversy, I see no

3 ratification of commencement, I see no injured

4 party, and I know you see this as a criminal issue,

5 that's why I say, okay, I'm looking for the real

6 party, which is the injured party, that's what I'm

7 trying to get to. And, you know, all liability

8 drops back on to the magistrate that pleaded not

9 guilty. I never have. It's on the record.

10 THE COURT: Well, you have a chance to

11 plead guilty now if you choose.

12 THE DEFENDANT: Well, I conditionally

13 accept that, Judge, upon proof of claim which I

14 have not seen, which gets back to the ratification

15 under Rule 17.

16 MS. BAUMGARTEN: Your Honor, if I may

17 bring up a point. One of the issues that was

18 discussed, without getting into too much detail, is

19 the proof that the government would have if we

20 proceeded to trial as to all three matters. That

21 has been set forth in the proposed plea agreement.

22 I say that by way of explanation so that it's clear

23 the defendant understands that while -- and it's

24 been made clear in the plea agreement, the

25 government understands it would have the burden to

 37

1 prove to a jury selected by the Court if we

2 proceeded to trial, each and every element of each

3 of the offenses beyond a reasonable doubt, that

4 what he would have to agree to is that a reasonable

5 jury could make that finding based upon the proof

6 that we anticipate. I know, for example, what we

7 would proceed with at trial at least as to the

8 first one, your Honor.

9 THE COURT: Okay. And I know I submitted

10 the proposed plea agreement document, and as you

11 were just getting up to speak, I was reaching for

12 that same document and looking at the factual basis

13 statement, which is a statement of at least some of

14 the evidence that would be presented in the case or

15 in the cases, and from which I would have to make a

16 determination that that evidence, as set forth, is

17 a sufficient basis from which a trier of fact could

18 conclude guilt beyond a reasonable doubt on each of

19 the essential elements, and that's what I'm

20 prepared to do. And you are on notice of what the

21 government states is its evidence and factual basis

22 in part that supports the essential elements and

23 the government's burden in each of the three cases,

24 and it's all set out in your plea agreement

25 document, which I know you have reviewed with

 38

1 Mr. Comerford.

2 THE DEFENDANT: You have read it?

3 THE COURT: You've read it?

4 THE DEFENDANT: I was wondering if you

5 read it.

6 THE COURT: I read it, yeah.

7 THE DEFENDANT: You have, okay. That's

8 the thing I was getting back to was that I'm

9 reading through it and reading through, okay, all

10 right, where is the injured party? I'm looking for

11 it, I don't see it. I'm going through it --

12 THE COURT: Okay.

13 THE DEFENDANT: Where's the ratification

14 of commencement? I'm looking through it.

15 THE COURT: Mr. Buczek, let's get real,

16 okay, let's get down to business.

17 THE DEFENDANT: All right.

18 THE COURT: All right. Same old, same

19 old. You're hearing the same old, same old from

20 me. I don't want to insult your intelligence. You

21 know you don't want to insult mine. I mean, we're

22 on the same wave length that way. You know we have

23 to make the decision -- not we, you, and the only

24 part of that that rests with me is just to tell you

25 that if you choose to go to trial, we start the

 39

1 process on Monday. Okay. And I will preside over

2 the trial under the criminal rules of procedure and

3 the rules of evidence. All right. That's how we

4 will proceed. And you know -- you know what my

5 rulings have been with respect to any positions

6 that you take that can be considered on the issue

7 of intent, or as in any other way relevant or

8 irrelevant. Those have already been discussed.

9 So, let's have your decision.

10 THE DEFENDANT: Okay.

11 THE COURT: What do you want to do, do you

12 want to go pursuant to the plea agreement, or do we

13 start trial on Monday?

14 THE DEFENDANT: Trial today?

15 THE COURT: No, no. Monday.

16 THE DEFENDANT: Oh, Monday.

17 THE COURT: There will be the conference,

18 and then jury selection on Tuesday.

19 THE DEFENDANT: Okay. Judge, may we have

20 a recess?

21 THE COURT: For how long?

22 THE DEFENDANT: Ten minutes.

23 THE COURT: Yes. Okay. All right. We'll

24 take ten minutes. We'll resume -- why don't we

25 take 15, is that all right? Gives you five minutes

 40

1 extra, and we'll start here again at five minutes

2 of three.

3 MR. BUCZEK: Thank you, Judge.

4 THE COURT: All right.

5 (Short recess was taken.)

6 THE COURT: Okay. I think you have to put

7 the sound system on please, Miss Labuzzetta.

8 Okay. We are resumed. It's now 3:00 o'clock

9 approximately. Miss Baumgarten is here,

10 Mr. Comerford, and Shane Christopher Buczek.

11 Mr. Buczek, you asked for a few moments, I gave

12 you roughly now 20, and the purpose was to allow

13 you to have additional time to make that very

14 important decision that we've been talking about

15 for some time now, so --

16 THE DEFENDANT: Judge, I -- I immediately

17 received something from public defender's office.

18 Page 1 it's from Westlaw Federal Rules of Criminal

19 Procedure Rule 11(4) where it says failure to enter

20 a plea, if the defendant refuses to enter a plea or

21 the defendant organization fails to appear, the

22 court must enter a plea of not guilty.

23 THE COURT: Well, I sent that to you,

24 Mr. Buczek, to your attorney, because you had

25 raised a question about whether or not you had

 41

1 entered a plea of not guilty, and you referred to

2 Judge Schroeder. It's not an issue, just so you

3 know, like everything we're going to be doing, the

4 law is the law, and the rules are the rules.

5 11(a)(4) is the rule that applied when Judge

6 Schroeder entered the plea of not guilty. There's

7 no further discussion on that. That was for your

8 information. Everything right now is copacetic

9 from my standpoint. There's no discussion other

10 than whether you accept the plea agreement terms or

11 whether you are going to go to trial starting

12 Monday.

13 THE DEFENDANT: Judge, you know, as a

14 peaceful inhabitant, I respectfully -- you know,

15 respect you and your findings and all that. But

16 does anybody here in this courtroom have firsthand

17 knowledge that I'm a defendant? I made that over

18 and over and over again.

19 THE COURT: Mr. Buczek, please. Please,

20 Mr. Buczek, okay, you know you're a defendant, you

21 know it, and you know --

22 THE DEFENDANT: I don't.

23 THE COURT: You do know it, Mr. Buczek.

24 The indictment says you are a defendant. No. No

25 discussion. You are named as a defendant. You

 42

1 have been given the original copies of the -- the

2 original indictments to review. No. No. You've

3 had certified copies of those indictments. You

4 either go to trial, Mr. Buczek -- it's a tough

5 decision, yes. But make the decision. You're not

6 being forced. If you choose not to tell me right

7 now, that means you're going to trial next week.

8 It boils down to that.

9 THE DEFENDANT: Judge, can I see those

10 original instruments again?

11 THE COURT: No, you've seen them.

12 THE DEFENDANT: Okay. Because I didn't

13 have an opportunity to inspect them thoroughly.

14 THE COURT: You did. You had ample

15 opportunity to see them. You have a certified copy

16 of those indictments.

17 THE DEFENDANT: Okay.

18 THE COURT: Okay. Now, you have a plea

19 agreement. I will take your plea pursuant to the

20 terms and conditions of the plea agreement, or you

21 go to trial next week. One or the other.

22 THE DEFENDANT: Okay. Well, you know, I'm

23 not sure exactly what rule it is, but I know that

24 the counterclaim must be answered point for point.

25 THE COURT: No. There is no counterclaim

 43

1 here. No counterclaim. You're presumed innocent

2 going into a criminal trial. The government has

3 the burden of proving you guilty beyond a

4 reasonable doubt. No counterclaims at all. All

5 right?

6 THE DEFENDANT: All right.

7 THE COURT: If you have a defense, that

8 will be recognized at trial. But it has to be a

9 legally cognizable defense in a criminal action

10 with you, Shane Buczek, the defendant, the subject

11 of an indictment returned by a properly constituted

12 federal grand jury. That's what we're talking

13 about. Whether you have other views on how that

14 positions you for purposes of this case, that's

15 your mindset. It's not anything that will delay

16 the trial. You are now in need of making that

17 decision. We can't go on like this forever.

18 THE DEFENDANT: I agree.

19 THE COURT: And I want you to prepare for

20 trial if you need to do that. And if you're not

21 going to prepare for trial, at least -- at the very

22 least rely on your backup counsel Mr. Comerford to

23 do whatever he can do to get you ready for trial,

24 because you are going to trial if you're not going

25 to plead guilty here this afternoon.

 44

1 THE DEFENDANT: Judge, I -- I can't take

2 any more of the Court's time up. I -- I -- I

3 already know that they're -- I should say that my

4 opinion I guess. In my opinion there's absolutely

5 no case. All three of these cases are based on

6 fraud, vindictive. I just -- I can't -- I don't

7 want -- if I sign this deal, okay, in my mind I'm

8 admitting to the fraud that's continuing --

9 continuing going on now for two years. That's my

10 opinion. I'm not making a formal finding of fact

11 and conclusion of law that's required by every

12 judge to make in all the districts.

13 THE COURT: No, that's not true.

14 THE DEFENDANT: I'm not here to debate. I

15 just want to let you know on and for the record --

16 THE COURT: No.

17 THE DEFENDANT: I -- I -- what I read in

18 here, I just -- it's amazing, but that's okay. I

19 mean, I clearly know that on and for the record I'm

20 not the defendant. Nobody has --

21 THE COURT: Mr. Buczek --

22 THE DEFENDANT: -- to acknowledge who I

23 am.

24 THE COURT: No, no. Really, we've been

25 talking about this a long time. You are the

 45

1 defendant. You are, okay? And there's an

2 instrument charging you as a defendant. And it's

3 an issue of proof. Whether you think there's

4 vindictiveness or not, that's not a matter of proof

5 for trial. So, you know, come to grips with the

6 decision that you have to make and make the

7 decision one way or another, and then we'll go

8 forward.

9 THE DEFENDANT: I have already began a

10 counter offer for the U.S. attorney's office, but

11 they said they're absolutely not interested. But I

12 have started preparing a counter offer.

13 MS. BAUMGARTEN: Your Honor, as I had

14 mentioned previously, I think that we're at this

15 point now, based on the defendant's request for

16 some additional time, it's really -- we are where

17 we are, your Honor, and the consideration in part

18 in the plea agreement is based on him taking a

19 timely plea. At this point, your Honor, it would

20 not be an opportunity to attempt to negotiate

21 further, and we would be ready for trial on

22 Tuesday.

23 THE COURT: I think the government has --

24 THE DEFENDANT: I know.

25 THE COURT: -- gone that extra mile, that

 46

1 extra step to get to where we are. They've kept

2 their offer open until now. Really, maybe the

3 cutoff point was somewhere around 2:00 o'clock.

4 And it's 3:10 now. It's not to put unnecessary

5 time pressures on you. But I think the end result

6 is if you use the time properly to ready yourself

7 for trial, that might be your -- in your best

8 interest. It's not productive to keep on repeating

9 what we've talked about time and time and time

10 again. So, either you're accepting of the plea

11 offer, which is final, absolutely, unequivocally

12 final, and you are not admitting to anything other

13 than the factual basis information that's in that

14 particular plea agreement. That's the evidence

15 that the government says is a sufficient basis to

16 support a conviction of you on the various charges.

17 That's all you're agreeing to, there's all kinds of

18 other things that are -- no -- collateral or

19 whatever. But the four corners of the plea

20 agreement document relates to the indictment

21 charges, that's it, not all those other things,

22 just by our rules. By our I mean this legal

23 system, the criminal justice system, you are an

24 indicted defendant three times over in these three

25 different cases, so you have to deal with them. one

 47

1 plea gets rid of them all. I will sentence you,

2 but that's it. If you can't make the decision, no

3 further discussion. Trial starts Monday.

4 THE DEFENDANT: I know you don't feel good

5 about this.

6 THE COURT: You know --

7 THE DEFENDANT: And I --

8 THE COURT: I don't know how to answer

9 that one, that's tough.

10 THE DEFENDANT: I know, because I think I

11 comprehend what you're saying, and I have a certain

12 belief system I know it's 100 percent true. And I

13 know there's elements that you need and I know one

14 thing that we talked about before that I'm not an

15 U.S. employee, I'm not in the military, and -- I'm

16 me. I don't know what else to say, I mean --

17 THE COURT: You are you, and we're in

18 agreement on that.

19 THE DEFENDANT: Right. But when I look at

20 the total circumstances of these three indictments,

21 and I can't really get into details, but I'm

22 reviewing this plea. As badly as I want to be done

23 with this, there's things in here that are not true

24 and correct that was based on perjury -- and

25 getting back to perjury nothing is done with

 48

1 firsthand knowledge. I mean, Judge, there's

2 nobody --

3 THE COURT: No, Mr. Buczek --

4 THE DEFENDANT: There's so many issues

5 that -- and I'm not here to argue it. That's why

6 I'm looking at it and saying why would I want to

7 argue. Wait a second, there's no controversy.

8 THE COURT: Okay. All right. I think

9 that's it.

10 THE DEFENDANT: Thank you.

11 THE COURT: Okay. We will see you what

12 time Monday morning -- or Monday afternoon.

13 THE CLERK: Monday morning at ten, Judge.

14 THE COURT: 10:00 o'clock. Okay. All

15 right. Be ready for trial.

16 MS. BAUMGARTEN: Thank you, Judge.

17 MR. COMERFORD: Thank you.

18 * * * * * *

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 1 CERTIFICATION

3 I certify that the foregoing is a

4 Correct transcription of the proceedings

5 Recorded by me in this.

8 s/Michelle L. McLaughlin
Michelle L. McLaughlin, RPR
9 Official Reporter
U.S.D.C., W.D.N.Y.
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