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Buczek - Vol. III - FALSE ARREST

Buczek - Vol. III - FALSE ARREST

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RACKETEERING ACTIVITIES 18 USC SEC.1961 BY U.S.
GOVERNMENT know as the CORPORATIONS OF US
run by the International Bankers!
RACKETEERING ACTIVITIES 18 USC SEC.1961 BY U.S.
GOVERNMENT know as the CORPORATIONS OF US
run by the International Bankers!

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Published by: shanebuczek on Apr 15, 2010
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9

Q.

Where are you employed?

10

A.

The FBI.

11

Q.

How long have you been employed with the FBI?

12

A.

Eleven and a half years.

13

Q.

What position do you hold with the FBI?

14

A.

Special Agent.

15

Q.

What are your duties as a special agent?

16

A.

I investigate violations of the laws of the

17

U.S., collect evidence where the U.S. is or may be

18

a party of interest, and perform other duties

19

imposed by law.

20

Q.

Do you perform criminal investigations?

21

A.

Yes.

22

Q.

Are you familiar with the defendant?

23

A.

Yes, I am.

24

Q.

How?

25

A.

I am the case agent in this matter.

271

1

Q.

All right. I'd like to direct your attention

2

to December 4, 2008.

3

THE COURT: What does it mean to be a case

4

agent?

5

THE WITNESS: The case is assigned to me,

6

and I guess I would be sort of the director of the

7

activities that go on in the investigation.

8

BY MS. BAUMGARTEN:

9

Q.

Are you primarily responsible for investigating

10

the circumstances regarding the defendant?

11

A.

Yes.

12

Q.

Do you assist the U.S. Attorney's office in

13

that regard?

14

A.

I do.

15

Q.

Was there communication by you on December 4,

16

2008, with respect to the defendant?

17

A.

Yes, there was.

18

Q.

How did that occur?

19

A.

I received a telephone call from Kenneth May

20

from the Depository Trust Clearing Corporation.

21

Q.

What was the nature of that telephone call?

22

A.

It was in regarding the defendant in this case,

23

that he used a Depository Trust routing number and

24

a fictitious account number to pay off his Best Buy

25

HSBC credit account.

272

1

Q.

Was information related to you concerning how

2

the defendant attempted to pay the Best Buy credit

3

account?

4

A.

Yes, it was.

5

Q.

What information was said to you?

6

A.

Kenneth May advised me that he used the

7

electronic check direct function to attempt to make

8

payments to his account from approximately

9

November 13th to November 28th, 2008.

10

Q.

Was there discussion between you and Mr. May

11

with respect to the nature of the business of the

12

Depository Trust?

13

A.

He explained to me very generally what they do.

14

Essentially that they're a bank for banks, that

15

they deal in securities, that they do not deal in

16

any currency, and also that they don't have any

17

personal banking accounts with respect to their

18

customers.

19

Q.

Did you have any discussions with anyone else

20

with respect to the defendant's activities on

21

December 4, 2008?

22

A.

Yes, I did.

23

Q.

And who was that with?

24

A.

Michael Parylac. He's with the HSBC fraud

25

department.

273

1

Q.

Is Mr. Parylac still employed at HSBC?

2

A.

I don't believe he is.

3

Q.

What information did Mr. Parylac provide to you

4

on December 4, 2008?

5

A.

He provided me with the information that the

6

defendant used the electronic check direct function

7

to attempt to pay down his HSBC Best Buy credit

8

account. He also provided me with the routing

9

number and the account number that the defendant

10

attempted to use.

11

Q.

Was any other information provided to you

12

concerning the specifics of the defendant's

13

attempts to pay down that account?

14

A.

Initially he told me that he did open up the

15

account. That he used his New York State driver's

16

license and his Social Security card to open up the

17

account. That he began using it immediately, and

18

that he had made approximately $8,800 worth of

19

testimony -- I'm sorry, of purchases.

20

Q.

Was any information provided to you as to

21

whether or not funds were transferred from

22

Depository Trust to HSBC?

23

A.

Yes. Kenneth May told me that none of the

24

payments went through. They did not release any

25

funds to HSBC, and Mike Parylac told me that the

274

1

checks were returned and that the amounts went back

2

on his credit -- his credit card statement.

3

Q.

Was any information provided to you concerning

4

the impact the direct check attempts had on the

5

defendant's credit account?

6

A.

Yes. Mike Parylac explained the process to me

7

whereby a customer would make a check direct

8

payment, and immediately or shortly thereafter

9

the -- depending on the amount, the credit --

10

available credit would go up and the amount that he

11

owed would go down.

12

Q.

What would that permit the card holder or

13

account holder to do?

14

A.

Purchase more items.

15

Q.

What steps did you take after the conversation

16

on December 4, 2008, with respect to the defendant?

17

A.

I telephonically interviewed the defendant on

18

12/18 I believe 2008.

19

Q.

How did that occur?

20

A.

I called -- I called him up at home.

21

Q.

Who answered the phone?

22

A.

His father answered the phone. I had a brief

23

conversation with his father about his opening of

24

the Best Buy account and his purchasing of the

25

items, and I gave the father the opportunity to let

275

1

us come get the items voluntarily. And the father

2

explained to me that really wasn't his decision, it

3

was the defendant's decision. He's the one that

4

made the purchases.

5

Q.

Did you speak with the defendant on

6

December 18, 2008?

7

A.

I did. Initially the father -- the defendant's

8

father had told me that the defendant wasn't

9

available. Eventually towards the end of the call

10

I did speak with the defendant. He got on the

11

line, and --

12

Q.

What was said then?

13

A.

I confronted him with the idea -- I'm sorry,

14

not the idea, but with the information that he had

15

recently made quite a bit of purchases from Best

16

Buy, approximately $10,000. That was the number

17

that I raised that day.

18

Q.

And was there a response from the defendant to

19

that?

20

A.

Yes. He admitted that he did open up a Best

21

Buy account in September, and began using it right

22

away and made -- made some purchases.

23

Q.

Was information provided to you by the

24

defendant concerning those purchases?

25

A.

Yes. He told me that he purchased the washer,

276

1

a dryer, and a television, but he couldn't remember

2

any of the other items.

3

Q.

Was there a discussion during that telephone

4

conversation on December 18, 2008, concerning

5

payment on the defendant's Best Buy account?

6

A.

Yes. I initially asked him if he attempted to

7

make payments to the account using the direct check

8

function with HSBC and utilizing a Depository Trust

9

routing number and a Depository Trust bank account

10

number. He denied attempting to use a Depository

11

Trust routing number and account number to make

12

payments to the account.

13

Q.

Did the defendant say anything else with

14

respect to payments on his Best Buy account?

15

A.

Yes, he did. He advised me that he recently

16

had gained access to a United States Department of

17

Treasury trust account, and that he began using it.

18

And in the way he said he used it was by sending a

19

bonded promissory note in the amount of $30,000 to

20

the CFO of HSBC Bank, who I believe at the time was

21

located in Illinois.

22

MS. BAUMGARTEN: Just a moment, your

23

Honor.

24

BY MS. BAUMGARTEN:

25

Q.

Was there any further information related to

277

1

you concerning other payment methods on the

2

account?

3

A.

I asked him if he had made any traditional

4

payment to the account.

5

Q.

And what did you mean by traditional payments?

6

A.

What I meant was cash payments, regular paper

7

check payments, or money order payments. He denied

8

making any.

9

Q.

What action did you take after the interview of

10

the defendant on December 18, 2008?

11

A.

I recontacted him and we met face-to-face.

12

Q.

When did that occur?

13

A.

12/29/2008.

14

Q.

Where did that occur?

15

A.

It occurred at the Burger King on Derby Road in

16

Derby, New York, close to his house.

17

Q.

Who was present during that interview?

18

A.

Myself, the defendant, and another federal

19

agent.

20

Q.

Did the defendant provide information to you

21

during that interview concerning his Best Buy

22

account?

23

A.

Yes. He again verified that he opened up the

24

account and began using it. He also provided me

25

with -- for me to look at the original -- some of

278

1

the original receipts from some of his purchases.

2

Q.

Was there any other information the defendant

3

provided to you?

4

A.

Yes, he also provided me a bonded promissory

5

note made out to HSBC Bank in the amount of $30,000

6

made -- sent to the CFO of HSBC Bank.

7

Q.

Did there come a point in time when you

8

obtained copies of the bonded promissory note that

9

the defendant referenced and also the receipts?

10

A.

Yes, later on that day in the afternoon the

11

defendant drove to the FBI in Buffalo where I was,

12

and allowed me to make copies of the receipts --

13

there were five receipts that day -- and the bonded

14

promissory note and the accompanying documentation.

15

MS. BAUMGARTEN: Your Honor, may I

16

approach the witness?

17

THE COURT: Yes.

18

BY MS. BAUMGARTEN:

19

Q.

I'm showing the witness what has been marked in

20

evidence as Government's Exhibit 11. Are you

21

familiar with that document?

22

A.

Yes, I am.

23

Q.

What is that?

24

A.

That is the bonded promissory note that the

25

defendant allowed me to copy and also showed to me

279

1

earlier that day.

2

Q.

Was there further discussion with respect to

3

the source of the funds referenced in the bonded

4

promissory note?

5

A.

During the interview, yes, there was. He

6

mentioned to me that upon gaining access to his

7

secret trust account with the Department of

8

Treasury that's how he made -- that's how he's able

9

to make -- to create the bonded promissory note and

10

send it to HSBC. He mentioned to me that he

11

claimed it as a secret trust account with the

12

Department of Treasury.

13

Q.

Did he provide information about how actually

14

he accessed that secret trust account?

15

A.

Yes, he advised me that he had sent paperwork

16

in to the Secretary of the Department of Treasury

17

Henry Paulson, and that he assumed that he had

18

gained access to the account since he hadn't gotten

19

a response from them. He used the term silence is

20

agreement, silence is consent during the interview.

21

Q.

If you would look at page 1 of what's marked as

22

Government Exhibit 11 in evidence, what is that top

23

sheet?

24

A.

That -- that looks like a cover sheet that was

25

for the Cattaraugus County clerk.

280

1

Q.

Was information provided to you from the

2

defendant concerning the first sheet of Exhibit 1?

3

A.

Yes. He advised that he took the bonded

4

promissory note and the accompanying documentation

5

to the Cattaraugus County clerk to put them on file

6

and make them a matter of public record.

7

Q.

Was information provided to you concerning the

8

amount of the bonded promissory note?

9

A.

Yes. $30,000.

10

Q.

If I may direct your attention to

11

January 6, 2009. Did you take further action with

12

respect to the defendant?

13

A.

Yes, I -- Ken May from the Depository Trust,

14

and Mike Parylac from HSBC fraud, the fraud

15

department, and I talked again that day. I

16

verified the information again that he had that

17

they had provided to me on December 4th, 2008.

18

Q.

Why did you do that?

19

A.

Because I didn't -- I didn't believe the

20

defendant that he used a legal means of paying off

21

his account.

22

Q.

All right. How did the contact among you,

23

Mr. Parylac and Mr. May occur?

24

A.

Via telephone.

25

Q.

Were you able to confirm the information

281

1

previously provided to you on December 4, 2008?

2

A.

Yes, I was.

3

Q.

Was the routing number provided the same as

4

that which was provided on December 4, 2008?

5

A.

Yes. Kenneth May again advised me of the

6

routing number and the account number, as did Mike

7

Parylac.

8

Q.

Was information provided to you concerning the

9

actual payments that were attempted?

10

A.

Yes. Mike Parylac also mentioned to me that

11

the defendant had called the HSBC fraud department

12

and wanted to see if they had received his bonded

13

promissory note.

14

Q.

Do you recall when that contact was made by the

15

defendant to the HSBC fraud department?

16

A.

I believe it was December 30th, 2008.

17

Q.

Would that have been the day after you

18

interviewed the defendant in person?

19

A.

Yes.

20

Q.

Did Mr. Parylac relate to you what the purpose

21

was for the defendant's contact to HSBC fraud

22

department on December 30, 2008?

23

A.

The defendant was inquiring whether the payment

24

had been received, and if his account was zeroed

25

out, if the payments -- if the payment was actually

282

1

received by HSBC, if it was legitimate.

2

Q.

Did you have a discussion with Mr. Parylac

3

concerning the outstanding balance on the

4

defendant's account on January 6?

5

A.

I did. To the best of my recollection I think

6

it was approximately $8,900 was the amount of the

7

outstanding balance on the account.

8

Q.

All right. If I may direct your attention to

9

January 16, 2009. Was further action taken with

10

respect to the ongoing investigation?

11

A.

Yes, it was.

12

Q.

What occurred on January 16, 2009?

13

A.

A federal search warrant was executed at the

14

residence of the defendant.

15

Q.

Who was present during the execution of that

16

search warrant?

17

A.

Myself, other federal agents, the defendant,

18

and the defendant's parents and sister.

19

Q.

During the course of the execution of that

20

search warrant, were photographs taken?

21

A.

Yes, they were.

22

Q.

Why?

23

A.

It's a standard protocol whenever we conduct

24

search warrants, we like to maintain and preserve

25

the state that the residence was in before, during,

283

1

and after the search, and also to document which

2

items were seized.

3

MS. BAUMGARTEN: I'm showing the witness

4

what has been marked for identification as Exhibits

5

19, 20B, and 21C. May I approach, your Honor?

6

THE COURT: 19 is already in, isn't it?

7

THE CLERK: 19 is not in. 19 was

8

identified.

9

THE COURT: Okay. 19, 20B.

10

MS. BAUMGARTEN: Yes, your Honor, and 21C.

11

THE CLERK: Neither of them are in, Judge.

12

THE COURT: Okay. Thank you. You may.

13

BY MS. BAUMGARTEN:

14

Q.

Agent Falkowski, I'm showing you Exhibits 19,

15

20B, and 21C. Are you familiar with those?

16

A.

Yes, I am.

17

Q.

What are they, please?

18

A.

They're photographs of items that were seized

19

at the defendant's residence on January 16.

20

Q.

Do those photographs accurately reflect the

21

items within that were seized from the defendant's

22

residence?

23

A.

Yes, they do.

24

MS. BAUMGARTEN: The government moves

25

Exhibits 19, 20B, and 21C into evidence.

284

1

THE COURT: Any objection, Mr. Buczek?

2

MR. BUCZEK: Judge, I don't really object

3

to it, but I do want to point out that remember

4

these are copies. I mean, photographs I should

5

say, sorry.

6

THE COURT: All right. Are those copies

7

of photographs, is that what they are?

8

MS. BAUMGARTEN: I believe they're color

9

copies.

10

THE COURT: Okay.

11

MS. BAUMGARTEN: We have actual that are

12

just not marked, your Honor. In order to

13

facilitate the distribution, we made photocopies.

14

THE COURT: All right. Mr. Buczek, you

15

want to take a look at the originals and see if

16

there's anything you object to.

17

MR. BUCZEK: Sure. Thank you.

18

THE COURT: And if they're identical and

19

you have no problem with them, I'll allow the

20

copies to be used, and I will receive the

21

photographs in evidence.

22

MS. BAUMGARTEN: Do you want us to mark

23

the original photographs, your Honor?

24

THE COURT: Mark them, yes.

25

MS. BAUMGARTEN: We're going to mark the

285

1

originals with the same number, your Honor.

2

THE COURT: Please.

3

MS. BAUMGARTEN: Your Honor, may I

4

approach again?

5

THE COURT: Yes.

6

MS. BAUMGARTEN: I'm handing Agent

7

Falkowski the same photographs, just actual photos

8

as opposed to color photos.

9

THE COURT: Mr. Buczek, are there any

10

objections now?

11

MR. BUCZEK: No, Judge. I wasn't around

12

when this took place, so I wouldn't know.

13

THE COURT: Okay. All right. There's no

14

objection to 20, 20B, 20C received into evidence.

15

THE CLERK: 19, 20B and 21C.

16

THE COURT: Yes.

17

(Government's Exhibit 19, 20B, and 21C

18

were received into evidence.)

19

BY MS. BAUMGARTEN:

20

Q.

Agent Falkowski, what is depicted in

21

Exhibit 19?

22

A.

A table, a glass-top table.

23

MS. BAUMGARTEN: That is in evidence. May

24

we publish it to the jury please?

25

THE COURT: Yes.

286

1

BY MS. BAUMGARTEN:

2

Q.

During the course of the execution of the

3

search warrant what items were seized?

4

A.

All of the items that were on the receipts that

5

he had provided to me and that I made copies of and

6

which were the items that he purchased from Best

7

Buy.

8

Q.

How was that information developed? How did

9

you learn that?

10

A.

Oh. Well, we tried to match the serial numbers

11

from the actual receipt as close as we could to the

12

items that were at the residence that day. And for

13

the most part we were able to identify all the

14

items.

15

Q.

What is depicted in 20B in evidence?

16

A.

Those are boxes for items that were purchased

17

at Best Buy.

18

Q.

What is depicted in 21C?

19

A.

That is a home theater system.

20

Q.

All right.

21

MS. BAUMGARTEN: Your Honor, I'm showing

22

the witness what has been marked into evidence

23

Exhibit 20, 20A, 21, 21A, 21B, 22, 22A, 23, 23B,

24

24, 24A, 25, and 25A.

25

THE COURT: Okay, Miss Baumgarten.

287

1

BY MS. BAUMGARTEN:

2

Q.

Agent Falkowski, if you would, I'm going to ask

3

you the same series of questions as to each of

4

those.

5

A.

Okay.

6

THE COURT: They're all received.

7

MS. BAUMGARTEN: They are. They are all

8

in evidence.

9

THE COURT: So as a number is mentioned,

10

you will publish that, please.

11

BY MS. BAUMGARTEN:

12

Q.

As to the first exhibit, Exhibit 20, what's

13

depicted in that photograph?

14

A.

A Samsung flat screen TV.

15

Q.

Where was the photo taken?

16

A.

At the defendant's residence.

17

Q.

Are each of the photos in the exhibits that

18

I've provided to you photographs taken at the

19

search warrant at the defendant's residence?

20

A.

Yes, they are.

21

Q.

And are each of those photographs photographs

22

of items that were seized during the search

23

warrant?

24

A.

Yes, they are.

25

Q.

All right. If you would proceed to the next

288

1

exhibit. I believe it should be 20A, what is that?

2

A.

That is either the back side or side of the

3

item depicted in Exhibit 20.

4

Q.

The next exhibit, which is 21? What is

5

depicted there?

6

A.

It is a TV stand which contains a home theater

7

system and half of a TV.

8

Q.

The next exhibit would be 21C.

9

A.

21A.

10

Q.

21A.

11

A.

That is the Yamaha AV receiver which is part of

12

the home theater system.

13

Q.

Is there 21B?

14

A.

Yes.

15

Q.

What is that?

16

A.

That's the back side of the -- one of the

17

components of the home theater system.

18

Q.

Exhibit 21C, what's depicted in that?

19

A.

That's a dryer and then half of a washer.

20

Q.

21C?

21

A.

Oh, I'm sorry. No, I don't have 21C.

22

MS. BAUMGARTEN: I showed it to you

23

before. That's why -- is it in the pile that's

24

there?

25

THE WITNESS: I'm sorry, yeah. That is

289

1

the home theater system.

2

BY MS. BAUMGARTEN:

3

Q.

All right. Next one is 22?

4

A.

Okay.

5

Q.

What is that a photograph of?

6

A.

The washer and the dryer.

7

Q.

Is there another one that is of the washer and

8

dryer, is that 22A?

9

A.

Yes. That is -- I believe it's the inside of

10

the door that opens, and it's to the dryer.

11

Q.

Is there 23? What's depicted in that

12

photograph?

13

A.

The washer.

14

Q.

Okay. Is there a 23A? 23B.

15

A.

That's the inside of the door to the washer.

16

Q.

All right. Is there a photograph 24?

17

A.

Yes.

18

Q.

What is that a photograph of?

19

A.

A Samsung blu-ray player.

20

Q.

Is there a photograph 24A?

21

A.

Yes, that is the back side of the blu-ray

22

player.

23

Q.

Is there a 25, exhibit I mean.

24

A.

Yes.

25

Q.

What is that?

290

1

A.

That is a Sony boombox.

2

Q.

All right. And then 25A, do you have that

3

exhibit?

4

A.

Yes. That is the back side of the Sony

5

boombox.

6

MS. BAUMGARTEN: I'm showing the witness

7

what has been marked as Exhibit 32 for

8

identification. Your Honor, may I approach?

9

THE COURT: Yes.

10

BY MS. BAUMGARTEN:

11

Q.

Are you familiar with that document?

12

A.

Yes.

13

Q.

What is it, please?

14

A.

The Best Buy receipt.

15

Q.

Where was it obtained from?

16

A.

From the defendant.

17

Q.

During the course of the execution of the

18

search warrant?

19

A.

Yes.

20

MS. BAUMGARTEN: All right. The

21

government moves Exhibit 32 into evidence, your

22

Honor.

23

THE COURT: No objection?

24

MR. BUCZEK: No, Judge.

25

THE COURT: All right. Thirty-two

291

1

received.

2

(Government's Exhibit 32 was received into

3

evidence.)

4

BY MS. BAUMGARTEN:

5

Q.

What is the -- in Exhibit 32, what actually is

6

it a receipt for?

7

A.

A Samsung washer, dryer, and then delivery on

8

those items.

9

Q.

Was that the Samsung washer and dryer that was

10

seized on January 16, 2009?

11

A.

Yes.

12

Q.

I'm showing the witness what has been marked as

13

Exhibit 33 for identification. These were

14

previously provided to the defense, both 32 and 3.

15

Are you familiar with that document?

16

A.

Yes, I am.

17

Q.

What is it, please?

18

A.

A Best Buy credit statement.

19

Q.

Where was that obtained?

20

A.

At the defendant's residence during the

21

execution of the search warrant.

22

MS. BAUMGARTEN: All right. The

23

government moves Exhibit 33 into evidence.

24

THE COURT: Any objection, Mr. Buczek?

25

MR. BUCZEK: Well, I'd like to object,

292

1

Judge, based on having some type of firsthand

2

knowledge that these purchases took place by the

3

defendant, and that hasn't been offered at this

4

point.

5

THE COURT: It's the credit card statement

6

though that was provided to this witness, correct?

7

MS. BAUMGARTEN: Absolutely, your Honor.

8

THE COURT: All right. Objection

9

overruled on those grounds. I will receive 33 into

10

evidence.

11

(Government's Exhibit 33 was received into

12

evidence.)

13

MS. BAUMGARTEN: If you would put that on

14

the screen, 33.

15

THE COURT: You may publish it.

16

MS. BAUMGARTEN: Publish it please.

17

BY MS. BAUMGARTEN:

18

Q.

Is Exhibit 33 a photocopy?

19

A.

No, sir, that's the original.

20

Q.

And who is it directed to?

21

A.

Shane Buczek, 7335 Derby Road, Derby, New York

22

14047-9636.

23

Q.

Does Exhibit 33 provide a date with respect to

24

when the statement covers?

25

A.

Looking at the statement, the transactions

293

1

occurred from 10/11/2008 to 11/10/2008, and the

2

statement issues a due date of December 5th, 2008.

3

Q.

What is the dollar amount on that statement

4

that's owed or the balance?

5

A.

New balance is $1,664.74.

6

Q.

In the lower portion of what is in evidence as

7

Exhibit 33, are there handwritten numbers?

8

A.

Yes, there are.

9

Q.

What are those handwritten numbers?

10

A.

$1,664.74.

11

Q.

Would you circle that on the screen for the

12

jury please?

13

MS. BAUMGARTEN: If I may have a moment,

14

your Honor.

15

THE COURT: Yes.

16

MS. BAUMGARTEN: Nothing further, your

17

Honor.

18

THE COURT: Okay. Thank you.

19

MS. BAUMGARTEN: If I may just have a

20

moment.

21

THE COURT: Everybody doing okay, ladies

22

and gentlemen? Okay. Okay, cross-examination, Mr.

23

Buczek.

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