UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

-------------------------------------
UNITED STATES OF AMERICA,
08-CR-54S
-vs- 09-CR-141S
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 March 25, 2010.

APPEARANCES:

MARY C. BAUMGARTEN, and

MAURA O'DONNELL,
Assistant United States Attorneys,
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 08-54,

2 09-121, 09-141, United States of America versus

3 Shane Buczek.

4 THE COURT: Okay. Let's see, we've got

5 some territory to cover here this morning. And

6 I'll tell you where I'm at.

7 Mr. Buczek, good morning.

8 MR. BUCZEK: Good morning, Judge.

9 THE COURT: Ms. Baumgarten --

10 MS. BAUMGARTEN: Good morning, your Honor.

11 THE COURT: -- how are you?

12 MS. BAUMGARTEN: I'm well. Thank you,

13 sir.

14 THE COURT: And Mr. Comerford, good

15 morning.

16 MR. COMERFORD: Morning, your Honor.

17 THE COURT: We have three cases that I

18 want to talk about at least preliminarily to give

19 you an update in terms of where I'm at on these

20 cases. And 08-criminal-54 is the passport fraud

21 case, and sentencing -- and that was the plea case

22 on March 25th of this year, and sentencing date has

23 not yet been determined.

24 The bank fraud case is the case 09-criminal-121

25 in which there was a jury verdict which was

 3

1 returned on March 8th of this year. No sentencing

2 date yet. But I will be setting a sentencing date

3 in all three of these cases in short order. And

4 with respect to the bank fraud case that I just

5 referenced, there are some post-trial motions that,

6 Miss Baumgarten, I'm going to ask the government to

7 submit on. And then once I have the government's

8 submissions, I can set about resolving the

9 post-trial motions.

10 And then finally there's -- and that was

11 09-criminal-121. And then in 09-criminal-141,

12 that's the criminal contempt case to which I did

13 accept a guilty plea of March 25th again of this

14 year with no sentencing date yet determined.

15 What I've done, just so you know, Mr. Buczek,

16 in the two plea cases, the passport fraud and the

17 criminal contempt cases, I have prepared a series

18 of decisions, orders that I am filing immediately

19 after the court proceedings today. They are

20 prepared.

21 In connection with the passport fraud case, the

22 order addresses your motion to dismiss, the motion

23 for judgment on the pleadings, the motion to take

24 judicial notice, the demand for discovery evidence,

25 and the challenge to subject matter jurisdiction,

 4

1 so that will be addressed all in one order. And

2 then there's also the government's second motion to

3 strike, and that has to do with pretrial filings

4 and I'm going to get that resolved by order today

5 as well. So that takes care of all of the

6 outstanding matters relative to the passport fraud

7 case, and that puts that to rest right now.

8 As far as the criminal contempt case, that was

9 the March 25th plea that I accepted. There,

10 likewise, is a motion to dismiss, a motion for

11 judgment on the pleadings, a motion to take

12 judicial notice, demand for all discovery evidence,

13 and the challenge to subject matter jurisdiction.

14 I will be addressing that by text order as well.

15 And there are certain pretrial requests for relief

16 which are now moot by virtue of the fact that the

17 plea was accepted in this case, but I'm going to

18 address those by separate order, because I haven't

19 done that to date, and this will make the entire

20 matter in that particular case complete. So, the

21 separate orders addressing both of those categories

22 of matters will be filed today after this

23 particular court proceeding. And that will put

24 those cases to rest in my judgment.

25 Let's see.
 5

1 MR. BUCZEK: Judge, may I address the

2 Court?

3 THE COURT: Not yet. And then we have

4 your trial case, which I made reference to,

5 Mr. Buczek, and I plan on setting a sentencing date

6 in that case. I do know, however, that you have an

7 affidavit of fact and comprehension and a

8 declaration of revocation that remains outstanding,

9 and there are a number of issues relative to

10 Mr. Comerford's backup role in the trial case,

11 which needs to be, I guess, briefly discussed,

12 but -- I'm prepared to do that. And also -- what

13 else? And then there's a petition to travel that

14 remains outstanding. We'll deal with that as well.

15 So, that's the backdrop, I guess, that we have to

16 proceed on here.

17 What do you want to talk about here,

18 Mr. Buczek?

19 MR. BUCZEK: First of all, Judge, I

20 reserve all my rights today. And, again, as usual,

21 I don't consent to be recognized by and through the

22 name. I'm here as my living capacity. And the

23 ratification and commencement still has not been

24 met. I just want to put that on the record.

25 Also, as I stated in the revocation, I would

 6

1 like to -- the Court to relieve my standby counsel,

2 Brian Comerford of his duties concerning my

3 representation, and I would like the Court to

4 possibly assign different counsel.

5 As you know, one of my exhibits I attached that

6 Brian -- the public defender's office got to me the

7 day before the deadline, June 29th. Nobody from

8 the public defender's office reviewed my documents.

9 They were unavailable. And I think maybe, I think

10 maybe because the office is overwhelmed with cases

11 going on. I don't know if it's personal or not,

12 but I think it's overwhelmed with -- there's so

13 many cases going on, I don't know how you keep up

14 with all those.

15 THE COURT: That's why I addressed it in

16 the fashion that I did, because two of the cases

17 will be resolved by the procedure that I outlined.

18 We do have some issues to talk about as far as the

19 post-trial motions, and including your request to

20 remove Mr. Comerford, but I want Mr. Comerford to

21 comment on that, because I have to remove him if

22 it's going to happen at all. He's not technically

23 your attorney, as you know.

24 MR. BUCZEK: I know.

25 THE COURT: And that was a procedure and a

 7

1 process that we spent a lot of time with prior to

2 the start of your trial that went to jury verdict

3 involving the bank fraud case. So, I'll entertain

4 your request. If there's any additional

5 discussion, we'll have some of that now. But, go

6 ahead. What else do you have?

7 MR. BUCZEK: Thank you. And nothing

8 personal against Brian Comerford, but I strongly

9 believe that Brian -- the U.S. attorney's office

10 has him, and they said don't do this, don't do

11 that, and that's my personal opinion. If I were

12 just to get one document in that trial in front of

13 that jury, that case would have been gone a long

14 time ago. And that's why I spent hours putting

15 that affidavit, ineffective assistance of counsel,

16 and I don't know if you reviewed any of it or not,

17 but I put a lot of time into that, Judge.

18 Number two, I believe that the conflict of

19 interest exists between Mr. Comerford and you,

20 Judge, and Brian recently being your personal law

21 clerk. I believe there is a serious conflict of

22 interest. I didn't realize it before the trial

23 started. I know he was around on 08-CR-54S, which

24 is the passport case. I believe he was still your

25 personal law clerk at that time, am I correct?

 8

1 THE COURT: Go ahead. I mean, there's no

2 conflict here Mr. --

3 MR. BUCZEK: Well, I just --

4 THE COURT: -- Buczek, just so you know,

5 there is not. And that was carefully reviewed in

6 all regards in this case. But, go ahead.

7 MR. BUCZEK: Okay. Also, the whole issue

8 is that I need somebody that's going -- if there's

9 going to be some type of assistance of counsel I

10 need somebody I can speak to day in and day out,

11 not once a month, or once whenever, or email. I

12 need somebody that understands public policy, my

13 belief system, and I demand to have effective

14 counsel so I can go ahead and cross the T's and dot

15 the I's, because those documents were all done by

16 me. They were not looked over by any attorneys.

17 THE COURT: Okay, Mr. Buczek. Frankly,

18 we've had an extraordinary amount of discussion on

19 how you were going to proceed at that trial. The

20 choices were knowing and intelligent and

21 voluntarily made by you. To assist you I did

22 designate and assigned Mr. Comerford to be your

23 backup counsel. But, you know, that was not done

24 lightly. I did give you a full admonishment of

25 rights, and the up sides and the down sides of

 9

1 proceeding in the fashion that you chose. So, you

2 know, I do have your submissions. The government

3 has to respond to those submissions. We will

4 proceed on that basis.

5 MR. BUCZEK: Okay. Thank you. And

6 another very serious issue is the habeas corpus

7 that I filed on Title 18 that there was no official

8 quorum.

9 THE COURT: As far as your habes are

10 concerned, we're not going to talk about those now.

11 Those are civil cases. They don't pertain right

12 now to the criminal cases. We're going to get to

13 sentencing. I'm going to set a sentencing date.

14 They do not apply at this point in time. I will

15 address them.

16 MR. BUCZEK: Okay. You do realize it's

17 not an act of Congress?

18 THE COURT: Mr. Buczek, we're going to

19 take the criminal cases first. We'll handle your

20 civil cases in due course. But we are proceeding

21 to sentencing, and I'm going to set a sentencing

22 date today.

23 Mr. Comerford, with respect to your continuing

24 in any capacity in this case, are you prepared to

25 make any comment in that regard?

 10

1 MR. COMERFORD: Judge, I don't want to

2 comment on anything that would be privileged

3 communications between Mr. Buczek and I prior to

4 today. However, based on his statements in court

5 and his filings, I believe that does create a

6 conflict of interest, and I do need to with

7 withdraw as standby counsel.

8 THE COURT: Ms. Baumgarten?

9 MS. BAUMGARTEN: Your Honor, we, of

10 course, would not wish the defendant to have to

11 have his right to counsel abridged. Having said

12 that, your Honor, there was a tremendous amount of

13 process that was afforded this particular defendant

14 with respect to his choices on representation. The

15 government's position is this Court did a very fine

16 job with respect to walking through those rights

17 and reservations, and ensuring that the defendant's

18 choice was made knowingly.

19 Throughout the course of the trial, your Honor,

20 the defendant did confer numerous times with

21 Mr. Comerford at each of the stages of the

22 proceedings. So while the government wouldn't take

23 a specific position with respect to it, we will

24 take the position, your Honor, that the process

25 that was afforded the defendant throughout the

 11

1 proceedings concerning the advice of what his

2 choice was, the ramifications of that, proceeding

3 pro se, was more than adequate and more than met

4 what the Court was required to do.

5 Specifically with respect to the defendant's

6 motion to seek to have his standby counsel

7 relieved, on that issue, Judge, we don't take a

8 position. Obviously that's a matter for the

9 defendant and the Court.

10 THE COURT: Okay. Well, I don't think

11 there's any reason why you can't proceed on your

12 own as you did at trial for purposes of sentencing,

13 Mr. Buczek, once I have the government's

14 submissions.

15 You know, as far as your request,

16 Mr. Comerford, I'm prepared to grant that request.

17 You don't object to it because you're asking for

18 it, is that right?

19 MR. COMERFORD: That's correct.

20 MR. BUCZEK: Well, Judge, I don't know if

21 anybody reads my documents, but I even revoked the

22 power of attorney, including the United States

23 attorney's office, pursuant to the Foreign

24 Registration Act. They have not produced any

25 discovery whatsoever in this case.

 12

1 THE COURT: All right. We're just talking

2 about Mr. Comerford's request to be removed as

3 standby counsel. I'm going to grant that, and you

4 will be relieved as standby counsel in this case,

5 Mr. Comerford.

6 MR. COMERFORD: Thank you, Judge.

7 THE COURT: Okay.

8 MR. COMERFORD: Judge, I can prepare a

9 copy of the file and provide that to Mr. Buczek.

10 I'll do that today.

11 THE COURT: All right. Is there anything

12 that you have that he doesn't?

13 MR. COMERFORD: There are a number of

14 original documents he's provided to me. I can give

15 those back to him. As far as the stuff from the

16 trial, any of the discovery, I believe he has

17 copies of that, but I can -- I just want to make

18 sure he has everything today going forward.

19 THE COURT: At my direction make certain

20 that you keep an accurate record of all of the

21 documents that you received and are turning back

22 over to Mr. Buczek so that there's no issues with

23 respect to what was and -- received and what was

24 exchanged back with Mr. Buczek. Okay?

25 MR. COMERFORD: Thank you, Judge.

 13

1 THE COURT: All right. Is there anything

2 else, Mr. Buczek?

3 MR. BUCZEK: Yes, Judge, there is. You

4 said you were going to have some rulings today. In

5 those rulings, I believe, it's 5 U.S.C. 557(c)(3)

6 findings facts and conclusions of law is required

7 for all decisions, I was hoping that you might be

8 able to give me the findings of facts and

9 conclusions of law, because the appellate division

10 is going to need that once -- once all these

11 motions are probably denied.

12 THE COURT: Okay. I'm going to address,

13 as I mentioned to you, each of your motions

14 separately with authority. You will have that. As

15 far as your criminal contempt case is concerned

16 there's also an accompanying second order that will

17 address some of the pretrial requests for release

18 which have become moot. So that will be clear with

19 authority and explanation. Likewise, the passport

20 fraud case will be specifically geared to each of

21 your motion requests, and then there's a second

22 text order also that will be a part of the

23 decisions in those two cases. All right. I'm

24 going to set a trial date and a submissions date

25 for the government.

 14

1 THE CLERK: You mean a sentencing date,

2 Judge?

3 THE COURT: Not a trial date. A

4 sentencing date, and --

5 MR. BUCZEK: Judge, I don't consent to any

6 type of sentencing date at this time --

7 THE COURT: You don't have to, because I'm

8 going to set it. Okay. You don't have to consent

9 to it, but we will do that at this time, because

10 otherwise you'll never know where you are with all

11 your cases, Mr. Buczek. And I think this will be

12 most helpful to you as well as assisting the

13 government and kind of wrapping up the matters and

14 cases that at least on the criminal standpoint you

15 are involved with at the present time.

16 Can we have with a sentencing date,

17 Miss Labuzzetta, about 90 days out?

18 MS. BAUMGARTEN: Your Honor, for the

19 record it is my understanding that Mr. Buczek was

20 interviewed by the United States Probation Office

21 with the assistance of Mr. Comerford, that

22 previously has occurred. The government also has

23 provided information to the United States Probation

24 Office with an eye towards preparing the PSR that

25 would be necessary for sentencing.

 15

1 THE COURT: Okay. Thank you. Mr. Ball

2 that's correct, I take it?

3 PROBATION OFFICER: Yes, your Honor.

4 THE COURT: Okay.

5 MR. BUCZEK: Judge, will I be -- will I

6 have the opportunity to rebut that presentencing

7 report?

8 THE COURT: You'll be given dates in the

9 order that will set the sentencing date, you will

10 have the opportunity to make your positions known

11 in connection with the completed presentence

12 report.

13 MR. BUCZEK: Now, I did do a reservation

14 of rights, UCC 1308, and I put it in the Buffalo

15 News, and I'm sure you saw that. Knowing that, I

16 reserve my rights. It's in one of my motions I

17 think that I have never ever faced my direct

18 accusers, as -- it's a right. You can't take that

19 away from me. I have a right to face my direct

20 accusers and look them eye-to-eye.

21 THE COURT: I've heard your arguments

22 before. I've been dealing with them.

23 MR. BUCZEK: It's not an argument. It's

24 just that I need to know. Before we even get to

25 sentencing, you need to find out who the direct

 16

1 accuser is. Because if that can't happen, then we

2 can't have a lawful sentence. And we'll have a

3 huge issue on Title 18 because there's no quorum.

4 It's not an act of Congress. I've spent -- the BOP

5 letter, I'm sure you saw that, and it's a letter

6 that I got high in the letter I guess, and I attach

7 as an exhibit that there is no quorum for Title 18.

8 That writ must be answered before sentencing,

9 Judge.

10 THE COURT: Okay.

11 MS. BAUMGARTEN: Your Honor, if I may for

12 the record, I believe the arguments the defendant's

13 making in court would be part of this Court's order

14 to the government to respond. As I see those, the

15 confrontation clause issues are set forth in what's

16 been marked as docket number 137. I'm assuming the

17 Court's direction to the government to respond to

18 the motions would include that?

19 THE COURT: Yes. And that is one of the

20 orders containing the schedule that will be filed

21 today.

22 MS. BAUMGARTEN: Thank you, Judge.

23 MR. BUCZEK: Judge --

24 THE COURT: Mr. Buczek.

25 MR. BUCZEK: -- I would like the Court to

 17

1 take judicial notice that Title 18 is not in the

2 Federal Register. It's in my affidavit. And

3 getting back to the ineffective assistance of

4 counsel, I read the rules, and I know some of the

5 documents are very lengthy and very long. And I've

6 been told that you always want to keep things three

7 or four pages long. But I don't know what to put

8 into the Court because I don't have the counsel's

9 review my documents, and that's why I brought the

10 issue of the fraud hearing. You're aware of that

11 right, Judge?

12 THE COURT: The issue of what?

13 MR. BUCZEK: The fraud hearing.

14 THE COURT: I don't know exactly what

15 you're referring to.

16 MS. BAUMGARTEN: Your Honor, I was trying

17 to locate the docket number for the Court's

18 convenience. I know previously having reviewed the

19 numerous filings filed by the defendant, I'm not

20 sure which specific it is, but I was once again

21 interpreting the Court's order as if it would be

22 something that the government would be required to

23 respond to according to the Court submission date.

24 THE COURT: Well, I have all the docket

25 numbers of matters that you will be required to

 18

1 respond to. That could take into account all of

2 your arguments, Mr. Buczek. I don't want to make

3 any decisions here without getting the government's

4 response as it relates to sentencing matters. So,

5 you know, you'll get the order today effective

6 today, and that will outline the government's time

7 to respond and give you the opportunity to reply.

8 MR. BUCZEK: But isn't it true, Judge,

9 that anything based on fraud is null and void,

10 called void ab initio, isn't that true?

11 THE COURT: Just whatever you submit and

12 has been submitted I'll address, Mr. Buczek. If

13 you fragment everything the way you have been doing

14 it, we'll never get to an orderly end to this

15 litany of motions and arguments that you make. So

16 this is going to put some order into your life. It

17 will be better for you. It will be better for the

18 government. It will thoroughly exhaust all of the

19 arguments that you made. You will see from the

20 orders that I'm filing today on the plea cases that

21 all your arguments will be put to rest. Those

22 cases will be put in their proper perspective.

23 Likewise, once I get the government's responses to

24 your other arguments, we'll be ready for sentencing

25 in 90 days.
 19

1 MR. BUCZEK: Judge --

2 THE COURT: Yes.

3 MR. BUCZEK: Sorry. I know you want to

4 get rid of me.

5 THE COURT: No, that's not it. You know,

6 we've gone through a lot over how long? And you've

7 been given every opportunity to make every argument

8 that you could ever think of, and we've addressed

9 those. And I provided you with the best assistance

10 that I could have provided you in the whole course

11 of all of these cases, Mr. Buczek, and, you know,

12 there comes a time, and we talked about it in

13 connection with the pleas and the trials, that we

14 have to get to sentencing.

15 Now you don't -- you have your arguments. You

16 preserved those. You made those arguments. We

17 will do what has to be done in order to get you to

18 the point of being sentenced on the cases that are

19 final. Then I'll move on, we'll take care of your

20 civil cases, and we'll go from there.

21 MR. BUCZEK: But, Judge, what if I'm right

22 on Title 18 --

23 THE COURT: All of your rights will be

24 protected.

25 MR. BUCZEK: Thank you.

 20

1 THE COURT: I assure you.

2 MR. BUCZEK: Okay. I just want to make

3 sure.

4 THE COURT: Okay.

5 MR. BUCZEK: Also, I need to know, get

6 clarified through you right now, on the contempt

7 charge that Mr. Bruce did on me, okay, he has to

8 sentence me on that. He has to be here for

9 sentencing, because he wrote the indictment up. By

10 the way, the indictment was never signed as

11 required by the rules.

12 THE COURT: You've made arguments like

13 that before.

14 MR. BUCZEK: It's not argument. I just

15 want to make a statement. 401, the contempt

16 charge, 401(3) it says power of the court. Only

17 the court can do anything about -- in my opinion,

18 Judge Schroeder is the only one that can do

19 anything with it. Tony Bruce can't run down and

20 get an indictment for contempt. Only the judge --

21 only Judge Schroeder or Judge Skretny, which would

22 be you -- can only do -- you can imprison or you

23 can fine. And then, of course, I would ask you

24 who's the ratification of commence, who is the real

25 party of interest, who's the direct accuser. Of

 21

1 course, I would ask that, but not at this point,

2 but only you can do anything. You know that. Not

3 Anthony Bruce running around getting all these

4 indictments.

5 THE COURT: Okay. Well --

6 MR. BUCZEK: I want to make sure that,

7 Judge, am I correct that Anthony Bruce can go out

8 and get an indictment on a contempt charge?

9 THE COURT: You will get a correct answer

10 to the best of my ability to every argument that

11 you raise and that I have the government's

12 submissions on. We're not going to do it

13 piecemeal. We're going to do it on a case-by-case

14 basis when all of the submissions are in, so that

15 you know really what you face, and then you can put

16 it in order, your life. You can think clearly on

17 each case that is finally resolved, and we'll have

18 all three cases finally resolved, you will find out

19 what the sentence is, and then you can move on from

20 there. But otherwise it gets to be too fragmented,

21 too piecemeal, and you're going drive yourself to

22 the point where you're not going to know which

23 cases you're making arguments on. That's the way

24 we're going to handle this.

25 After court proceedings today, you are going to

 22

1 have, to the extent that I can, short of the

2 government's submissions with respect to the

3 post-trial motions in your trial case, you're going

4 to have all of the decisions that you need to

5 address, and you'll know precisely where you are.

6 Anything additional, Ms. Baumgarten?

7 MS. BAUMGARTEN: Judge, the only thing is

8 the Court did have the defendant's motions in

9 docket numbers 146 and 145 with respect to the

10 travel. The government opposes that request. I'm

11 not certain if that's something that we would be

12 required respond to in writing. It appeared as if

13 the defendant was seeking a more expedited ruling.

14 THE COURT: Well, I want to know what the

15 probation office position is on that as well. I

16 don't have that yet. I don't have, at least with

17 respect to the motion, where you say you would be,

18 Mr. Buczek, with specificity, when you would be

19 there, how long you would be --

20 MR. BUCZEK: I can do that, Judge.

21 THE COURT: -- gone. How you can be

22 contacted. You know, I know you've requested to be

23 released from ankle bracelet monitoring. That's a

24 separate request.

25 Mr. Ball, what's probation's -- or Mr. Kawski,

 23

1 is that yours?

2 PROBATION OFFICER: Yes, your Honor, I'm

3 currently supervising him on pretrial. We would

4 not recommend travel at this point until we saw

5 more documentation of where he would be going,

6 when, how long, what he would be doing, and

7 whatever location he was going to.

8 THE COURT: We're talking about California

9 and Florida were two of the locations that

10 Mr. Buczek referenced, and there's no specificity

11 with respect to the employment opportunities as

12 such, right?

13 PROBATION OFFICER: Right. None to my

14 knowledge.

15 THE COURT: All right. So there is a --

16 MR. BUCZEK: Judge, I can modify it and do

17 a reconsideration on the travel. But there's one

18 outstanding thing that hadn't been done for two

19 years.

20 THE COURT: Before you do that, I'm going

21 deny the request for lack of specificity.

22 MR. BUCZEK: I'll redo it.

23 THE COURT: I'll do it without prejudice

24 so that you can provide all of the specifics that

25 were just referenced now. Any travel request has

 24

1 to include information about the purpose and nature

2 of the travel, where the travel is to be with

3 specificity, for how long, how you can be

4 contacted, where you will be staying, all of that

5 type of information has to be included. Mr. Kawski

6 referenced it. The government then will be in a

7 better position to reassess its position once it

8 knows the information that you might want to submit

9 in support of that motion. But, right now it is

10 woefully inadequate, and I'm going to deny it

11 without prejudice. Okay. So you can re-present a

12 motion with the specificity required and then I'll

13 ask for the government's formal response, a

14 response from probation as well.

15 MR. BUCZEK: By the way, Judge, on

16 09-CV-1129 I did respond to the answer of the --

17 which on the -- I'm not sure if this is the

18 appropriate time, but I did respond to that civil

19 suit that I had filed, and I want to make judicial

20 notice on that because that pertains back to

21 Title 18, it pertains back to the 401 issue I just

22 brought up to you, and the passport issue, and the

23 bank case.

24 THE COURT: All right, and I told you

25 we'll deal with the civil cases in separate

 25

1 fashion. We're going to get the criminal cases

2 resolved, including sentencing, as quickly and as

3 fairly as we possibly can. That's the purpose for

4 setting the sentencing date. And then I will move

5 on to the civil cases. That is not at this point

6 proper to really address at this proceeding today.

7 So, do we have that sentencing date?

8 MR. BUCZEK: Judge, did you --

9 THE COURT: All right. Okay.

10 MR. BUCZEK: Sorry. Did you already deny

11 the jurisdiction -- motion on jurisdiction, because

12 I don't know what jurisdiction I'm in,

13 administrative, constitution.

14 THE COURT: Read everything when you get

15 it today. All the orders that I referenced, there

16 is at least six orders that you can get. They will

17 take care of all of the matters that you have

18 concerns about, except for what we need additional

19 submissions on.

20 MR. BUCZEK: But --

21 THE COURT: That's it. Okay. Just read

22 those, because it will never get done otherwise,

23 Mr. Buczek. Read those orders. They address every

24 concern that is proper for me to consider and

25 resolve on these three criminal cases.

 26

1 MR. BUCZEK: Okay.

2 THE COURT: That's it. No civil matters.

3 Criminal cases we're proceeding on to sentencing.

4 All right. What was the date again?

5 THE CLERK: The date is November 5th at

6 ten.

7 THE COURT: November 5th at 10:00 o'clock

8 for sentencing, and your schedule will be contained

9 in the order itself when I issue that today.

10 MR. BUCZEK: But --

11 THE COURT: That's it. It's simple. Just

12 follow the directive of the scheduling order. The

13 other cases, everything that's outstanding by way

14 of motions will be resolved.

15 MR. BUCZEK: Okay. Thank you. So you

16 will give me findings of facts and conclusions of

17 law as stated in 5 U.S.C. 557(c)(3), correct?

18 THE COURT: Read the orders. They are

19 self-explanatory, and they should satisfy all of

20 your concerns.

21 Okay. You'll be back here on November 5th for

22 sentencing.

23 MS. BAUMGARTEN: Thank you, Judge.

24 MR. BUCZEK: Judge, just one more thing.

25 Just so I know, because the 10-CV-00382 WMS has

 27

1 been assigned to you I believe, right? The red --

2 I was just wondering, like, are you going to

3 address it in a month, two months, a year from now?

4 THE COURT: You know, I don't have a set

5 timetable. I will move on those civil cases as

6 expeditiously as I can, Mr. Buczek. I have a lot

7 of cases that I have to address, but I will move to

8 get yours done so that it's not prejudicial to you.

9 MR. BUCZEK: And the last thing I want to

10 mention, on the trial transcripts on page 189,

11 lines 3 through number 10, when you asked Anna

12 Medlock -- you asked Anna Medlock what does

13 accepted for value mean to you. And she says it

14 means some type of money. Do you recall that,

15 Judge?

16 THE COURT: What's your question, Mr.

17 Buczek?

18 MR. BUCZEK: My whole purpose is that I

19 strongly believe that these cases have already been

20 closed and settled pursuant and in accordance of

21 public policy that I was not allowed to talk about

22 with during the trial, and the jury had no clue

23 what was going on. Promissory note, they don't

24 know what that is. I couldn't present any evidence

25 on the screen. If I would have got one thing on

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1 that screen, that bank case would have been gone.

2 And that's -- it's all in the paperwork. But U.S.

3 attorney's office again committed more fraud upon

4 the Court. You. I don't know how you deal with

5 that. I don't know what you think about that.

6 THE COURT: I think we dealt with it

7 properly at the time of trial and in all pretrial

8 proceedings, Mr. Buczek. Whatever remains to be

9 done in post-trial briefings will be done. I will

10 take the submissions. You will have your

11 opportunity to reply. And I will make a decision

12 timely. All right. So, you can put to rest any

13 concerns you have that loose ends will not be taken

14 care of. They will be, and we will see you back

15 here on November 5th for sentencing.

16 MR. BUCZEK: Thank you, Judge. Just to

17 let you know, I'm not arguing at all. It's just

18 like I asked you questions about 401, because I

19 can't get the public defender's office to call me.

20 I can't get anybody to explain this stuff to me.

21 Because it clearly states power of the court.

22 THE COURT: Okay. Well, you know, I know

23 your position on the contempt charges 401, we'll

24 deal with those. Just read the orders --

25 MR. BUCZEK: I will.

 29

1 THE COURT: -- that I'm submitting. Your

2 conditions of release, and you know I went out of

3 my way to make certain that you would be given the

4 opportunity to be on release. You are bound by the

5 same conditions of release. I take it that's

6 satisfactory to the government?

7 MS. BAUMGARTEN: That is correct, your

8 Honor.

9 THE COURT: No travel.

10 MS. BAUMGARTEN: I do have to say, your

11 Honor, and I don't mean to be challenging, the

12 government did move and had an opportunity to have

13 him remanded after the conviction for the jury

14 trial, Judge. I do though request that the Court

15 notify the defendant that his conditions at this

16 juncture do remain the same, that he is out on

17 release, but that he has conditions with respect to

18 his ankle bracelet.

19 THE COURT: Okay. And that was what I was

20 in the process of doing.

21 MS. BAUMGARTEN: Thank you.

22 THE COURT: I think the government -- and

23 it helps for the government to repeat its position

24 with respect to your continued release. I'm

25 allowing you out on continued release on the same

 30

1 conditions. If you have any questions about what

2 those conditions are, make sure you meet with

3 Mr. Kawski. Go over those conditions, all right?

4 And if you violate, you'll be back here, and that's

5 the problem. So be careful.

6 MR. BUCZEK: But, Judge, just so you know,

7 you can tell the government this, is that the

8 direct accuser has never been produced. The

9 ratification of commencement has never been

10 produced. There has been no verified affidavit of

11 complaint. Even the indictment was not done in

12 open court in their own rules.

13 THE COURT: You know how many times you've

14 repeated that?

15 MR. BUCZEK: I know, and it's like

16 nothing's being done about it. I mean, it's like

17 why don't you arrest everybody and throw everybody

18 in jail? And I brought the issue of the Foreign

19 Registration Act, nothing's been done about that.

20 How much more do I have to do? We know there's no

21 criminal intent here, at least I do, maybe the

22 government knows. Maybe they don't even care, they

23 just like throwing people in jail.

24 THE COURT: It's not what we have here.

25 We play by the rules. I told you that how many

 31

1 times, Mr. Buczek? You're no exception. The

2 government is no exception. The rules are the

3 rules of court. And we have talked about that,

4 right?

5 MR. BUCZEK: That's why they call it a

6 court, it's like a tennis match. And I keep on

7 bouncing the ball over, and anytime I would throw

8 something over, they never answer. It's frivolous.

9 Well, Anthony Bruce was doing that in the

10 beginning.

11 THE COURT: That's not true. I've taken

12 submissions from both sides. I've listened to

13 arguments from both sides, and I've done the best I

14 can with the rulings. If you disagree with them,

15 you've been given the full opportunity. If an

16 appellate court is going to take review of this

17 particular series of motions or cases, or whatever

18 the case may be, that's the future. But right now

19 we're going to get you sentenced. We're going to

20 get all of the cases in terms of outstanding

21 matters resolved.

22 MR. BUCZEK: I do want to thank you for

23 the CJA-24, by the way. I appreciate that, you

24 helping me with that. But I strongly urge the

25 Court to please give me findings and facts and

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1 conclusions of law for the writs that are in there

2 before sentencing. Otherwise, otherwise, in my

3 opinion, I'm not telling you how to do your job,

4 Judge, but in my opinion, they're all void ab

5 initio. Title 18 must be addressed, and the

6 government must put evidence in there that it's an

7 act of Congress, otherwise it's null and void, it's

8 void ab initio, and you know that.

9 THE COURT: Okay. Mr. Buczek, we'll see

10 you November 5th for sentencing. Pay strict

11 attention to the time periods. I'm interested in

12 getting this case sentenced and finally resolved.

13 Unless there are extraordinary circumstances, there

14 will not be adjournments of any of the dates set in

15 the order.

16 MS. BAUMGARTEN: Thank you, Judge.

17 THE COURT: Thank you very much.

18 MR. BUCZEK: Judge, thank you very much.

19 THE COURT: Okay, Mr. Buczek, take care.

20 * * * * * *

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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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