UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ------------------------------------UNITED STATES OF AMERICA, -vsSHANE BUCZEK, Defendant.
------------------------------------08-CR-54S 09-CR-141S 09-CR-121S
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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 morning. MR. COMERFORD: THE COURT: Morning, your Honor. sir. THE COURT: And Mr. Comerford, good THE CLERK: Criminal case 08-54,
09-121, 09-141, United States of America versus Shane Buczek. THE COURT: Okay. Let's see, we've got And
some territory to cover here this morning. I'll tell you where I'm at. Mr. Buczek, good morning. MR. BUCZEK: THE COURT: Good morning, Judge. Ms. Baumgarten --
MS. BAUMGARTEN: THE COURT:
Good morning, your Honor.
-- how are you? I'm well. Thank you,
We have three cases that I
want to talk about at least preliminarily to give you an update in terms of where I'm at on these cases. And 08-criminal-54 is the passport fraud
case, and sentencing -- and that was the plea case on March 25th of this year, and sentencing date has not yet been determined. The bank fraud case is the case 09-criminal-121 in which there was a jury verdict which was
3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 returned on March 8th of this year. date yet. No sentencing
But I will be setting a sentencing date And
in all three of these cases in short order.
with respect to the bank fraud case that I just referenced, there are some post-trial motions that, Miss Baumgarten, I'm going to ask the government to submit on. And then once I have the government's
submissions, I can set about resolving the post-trial motions. And then finally there's -- and that was 09-criminal-121. And then in 09-criminal-141,
that's the criminal contempt case to which I did accept a guilty plea of March 25th again of this year with no sentencing date yet determined. What I've done, just so you know, Mr. Buczek, in the two plea cases, the passport fraud and the criminal contempt cases, I have prepared a series of decisions, orders that I am filing immediately after the court proceedings today. prepared. In connection with the passport fraud case, the order addresses your motion to dismiss, the motion for judgment on the pleadings, the motion to take judicial notice, the demand for discovery evidence, and the challenge to subject matter jurisdiction, They are
4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so that will be addressed all in one order. And
then there's also the government's second motion to strike, and that has to do with pretrial filings and I'm going to get that resolved by order today as well. So that takes care of all of the
outstanding matters relative to the passport fraud case, and that puts that to rest right now. As far as the criminal contempt case, that was the March 25th plea that I accepted. There,
likewise, is a motion to dismiss, a motion for judgment on the pleadings, a motion to take judicial notice, demand for all discovery evidence, and the challenge to subject matter jurisdiction. I will be addressing that by text order as well. And there are certain pretrial requests for relief which are now moot by virtue of the fact that the plea was accepted in this case, but I'm going to address those by separate order, because I haven't done that to date, and this will make the entire matter in that particular case complete. So, the
separate orders addressing both of those categories of matters will be filed today after this particular court proceeding. And that will put
those cases to rest in my judgment. Let's see.
5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Court? THE COURT: Not yet. And then we have MR. BUCZEK: Judge, may I address the
your trial case, which I made reference to, Mr. Buczek, and I plan on setting a sentencing date in that case. I do know, however, that you have an
affidavit of fact and comprehension and a declaration of revocation that remains outstanding, and there are a number of issues relative to Mr. Comerford's backup role in the trial case, which needs to be, I guess, briefly discussed, but -- I'm prepared to do that. else? And also -- what
And then there's a petition to travel that We'll deal with that as well.
So, that's the backdrop, I guess, that we have to proceed on here. What do you want to talk about here, Mr. Buczek? MR. BUCZEK: First of all, Judge, I And, again, as usual,
reserve all my rights today.
I don't consent to be recognized by and through the name. I'm here as my living capacity. And the
ratification and commencement still has not been met. I just want to put that on the record. Also, as I stated in the revocation, I would
6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 like to -- the Court to relieve my standby counsel, Brian Comerford of his duties concerning my representation, and I would like the Court to possibly assign different counsel. As you know, one of my exhibits I attached that Brian -- the public defender's office got to me the day before the deadline, June 29th. Nobody from
the public defender's office reviewed my documents. They were unavailable. And I think maybe, I think
maybe because the office is overwhelmed with cases going on. I don't know if it's personal or not,
but I think it's overwhelmed with -- there's so many cases going on, I don't know how you keep up with all those. THE COURT: That's why I addressed it in
the fashion that I did, because two of the cases will be resolved by the procedure that I outlined. We do have some issues to talk about as far as the post-trial motions, and including your request to remove Mr. Comerford, but I want Mr. Comerford to comment on that, because I have to remove him if it's going to happen at all. your attorney, as you know. MR. BUCZEK: THE COURT: I know. And that was a procedure and a He's not technically
7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 process that we spent a lot of time with prior to the start of your trial that went to jury verdict involving the bank fraud case. your request. So, I'll entertain
If there's any additional But, go
discussion, we'll have some of that now. ahead. What else do you have? MR. BUCZEK: Thank you.
personal against Brian Comerford, but I strongly believe that Brian -- the U.S. attorney's office has him, and they said don't do this, don't do that, and that's my personal opinion. If I were
just to get one document in that trial in front of that jury, that case would have been gone a long time ago. And that's why I spent hours putting
that affidavit, ineffective assistance of counsel, and I don't know if you reviewed any of it or not, but I put a lot of time into that, Judge. Number two, I believe that the conflict of interest exists between Mr. Comerford and you, Judge, and Brian recently being your personal law clerk. I believe there is a serious conflict of I didn't realize it before the trial I know he was around on 08-CR-54S, which I believe he was still your
is the passport case.
personal law clerk at that time, am I correct?
8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: conflict here Mr. -MR. BUCZEK: THE COURT: there is not. Well, I just --- Buczek, just so you know, Go ahead. I mean, there's no
And that was carefully reviewed in But, go ahead. Also, the whole issue
all regards in this case. MR. BUCZEK: Okay.
is that I need somebody that's going -- if there's going to be some type of assistance of counsel I need somebody I can speak to day in and day out, not once a month, or once whenever, or email. I
need somebody that understands public policy, my belief system, and I demand to have effective counsel so I can go ahead and cross the T's and dot the I's, because those documents were all done by me. They were not looked over by any attorneys. THE COURT: Okay, Mr. Buczek. Frankly,
we've had an extraordinary amount of discussion on how you were going to proceed at that trial. choices were knowing and intelligent and voluntarily made by you. To assist you I did The
designate and assigned Mr. Comerford to be your backup counsel. lightly. But, you know, that was not done
I did give you a full admonishment of
rights, and the up sides and the down sides of
9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 proceeding in the fashion that you chose. know, I do have your submissions. So, you
The government We will
has to respond to those submissions. proceed on that basis. MR. BUCZEK: Okay.
another very serious issue is the habeas corpus that I filed on Title 18 that there was no official quorum. THE COURT: As far as your habes are
concerned, we're not going to talk about those now. Those are civil cases. They don't pertain right We're going to get to
now to the criminal cases. sentencing.
I'm going to set a sentencing date. I will
They do not apply at this point in time. address them. MR. BUCZEK: Okay.
You do realize it's
not an act of Congress? THE COURT: Mr. Buczek, we're going to We'll handle your
take the criminal cases first. civil cases in due course.
But we are proceeding
to sentencing, and I'm going to set a sentencing date today. Mr. Comerford, with respect to your continuing in any capacity in this case, are you prepared to make any comment in that regard?
10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. COMERFORD: Judge, I don't want to
comment on anything that would be privileged communications between Mr. Buczek and I prior to today. However, based on his statements in court
and his filings, I believe that does create a conflict of interest, and I do need to with withdraw as standby counsel. THE COURT: Ms. Baumgarten? Your Honor, we, of
course, would not wish the defendant to have to have his right to counsel abridged. Having said
that, your Honor, there was a tremendous amount of process that was afforded this particular defendant with respect to his choices on representation. The
government's position is this Court did a very fine job with respect to walking through those rights and reservations, and ensuring that the defendant's choice was made knowingly. Throughout the course of the trial, your Honor, the defendant did confer numerous times with Mr. Comerford at each of the stages of the proceedings. So while the government wouldn't take
a specific position with respect to it, we will take the position, your Honor, that the process that was afforded the defendant throughout the
11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 proceedings concerning the advice of what his choice was, the ramifications of that, proceeding pro se, was more than adequate and more than met what the Court was required to do. Specifically with respect to the defendant's motion to seek to have his standby counsel relieved, on that issue, Judge, we don't take a position. Obviously that's a matter for the
defendant and the Court. THE COURT: Okay. Well, I don't think
there's any reason why you can't proceed on your own as you did at trial for purposes of sentencing, Mr. Buczek, once I have the government's submissions. You know, as far as your request, Mr. Comerford, I'm prepared to grant that request. You don't object to it because you're asking for it, is that right? MR. COMERFORD: MR. BUCZEK: That's correct.
Well, Judge, I don't know if
anybody reads my documents, but I even revoked the power of attorney, including the United States attorney's office, pursuant to the Foreign Registration Act. They have not produced any
discovery whatsoever in this case.
12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: All right. We're just talking
about Mr. Comerford's request to be removed as standby counsel. I'm going to grant that, and you
will be relieved as standby counsel in this case, Mr. Comerford. MR. COMERFORD: THE COURT: Thank you, Judge.
Okay. Judge, I can prepare a
copy of the file and provide that to Mr. Buczek. I'll do that today. THE COURT: All right. Is there anything
that you have that he doesn't? MR. COMERFORD: There are a number of I can give
original documents he's provided to me. those back to him.
As far as the stuff from the
trial, any of the discovery, I believe he has copies of that, but I can -- I just want to make sure he has everything today going forward. THE COURT: At my direction make certain
that you keep an accurate record of all of the documents that you received and are turning back over to Mr. Buczek so that there's no issues with respect to what was and -- received and what was exchanged back with Mr. Buczek. MR. COMERFORD: Okay?
Thank you, Judge.
13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: else, Mr. Buczek? MR. BUCZEK: Yes, Judge, there is. You In All right. Is there anything
said you were going to have some rulings today. those rulings, I believe, it's 5 U.S.C. 557(c)(3) findings facts and conclusions of law is required for all decisions, I was hoping that you might be able to give me the findings of facts and
conclusions of law, because the appellate division is going to need that once -- once all these motions are probably denied. THE COURT: Okay. I'm going to address,
as I mentioned to you, each of your motions separately with authority. You will have that. As
far as your criminal contempt case is concerned there's also an accompanying second order that will address some of the pretrial requests for release which have become moot. So that will be clear with Likewise, the passport
authority and explanation.
fraud case will be specifically geared to each of your motion requests, and then there's a second text order also that will be a part of the decisions in those two cases. All right. I'm
going to set a trial date and a submissions date for the government.
14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Judge? THE COURT: Not a trial date. A THE CLERK: You mean a sentencing date,
sentencing date, and -MR. BUCZEK: Judge, I don't consent to any
type of sentencing date at this time -THE COURT: going to set it. You don't have to, because I'm You don't have to consent
to it, but we will do that at this time, because otherwise you'll never know where you are with all your cases, Mr. Buczek. And I think this will be
most helpful to you as well as assisting the government and kind of wrapping up the matters and cases that at least on the criminal standpoint you are involved with at the present time. Can we have with a sentencing date, Miss Labuzzetta, about 90 days out? MS. BAUMGARTEN: Your Honor, for the
record it is my understanding that Mr. Buczek was interviewed by the United States Probation Office with the assistance of Mr. Comerford, that previously has occurred. The government also has
provided information to the United States Probation Office with an eye towards preparing the PSR that would be necessary for sentencing.
15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 before. THE COURT: Okay. Thank you. Mr. Ball
that's correct, I take it? PROBATION OFFICER: THE COURT: MR. BUCZEK: Okay. Judge, will I be -- will I Yes, your Honor.
have the opportunity to rebut that presentencing report? THE COURT: You'll be given dates in the
order that will set the sentencing date, you will have the opportunity to make your positions known in connection with the completed presentence report. MR. BUCZEK: Now, I did do a reservation
of rights, UCC 1308, and I put it in the Buffalo News, and I'm sure you saw that. reserve my rights. Knowing that, I
It's in one of my motions I
think that I have never ever faced my direct accusers, as -- it's a right. away from me. You can't take that
I have a right to face my direct
accusers and look them eye-to-eye. THE COURT: I've heard your arguments
I've been dealing with them. MR. BUCZEK: It's not an argument. It's
just that I need to know.
Before we even get to
sentencing, you need to find out who the direct
16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 accuser is. Because if that can't happen, then we And we'll have a
can't have a lawful sentence.
huge issue on Title 18 because there's no quorum. It's not an act of Congress. I've spent -- the BOP
letter, I'm sure you saw that, and it's a letter that I got high in the letter I guess, and I attach as an exhibit that there is no quorum for Title 18. That writ must be answered before sentencing, Judge. THE COURT: Okay. Your Honor, if I may for
the record, I believe the arguments the defendant's making in court would be part of this Court's order to the government to respond. As I see those, the
confrontation clause issues are set forth in what's been marked as docket number 137. I'm assuming the
Court's direction to the government to respond to the motions would include that? THE COURT: Yes. And that is one of the
orders containing the schedule that will be filed today. MS. BAUMGARTEN: MR. BUCZEK: THE COURT: MR. BUCZEK: Thank you, Judge.
Judge -Mr. Buczek. -- I would like the Court to
17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 take judicial notice that Title 18 is not in the Federal Register. It's in my affidavit. And
getting back to the ineffective assistance of counsel, I read the rules, and I know some of the documents are very lengthy and very long. And I've
been told that you always want to keep things three or four pages long. But I don't know what to put
into the Court because I don't have the counsel's review my documents, and that's why I brought the issue of the fraud hearing. right, Judge? THE COURT: MR. BUCZEK: THE COURT: you're referring to. MS. BAUMGARTEN: Your Honor, I was trying The issue of what? The fraud hearing. I don't know exactly what You're aware of that
to locate the docket number for the Court's convenience. I know previously having reviewed the
numerous filings filed by the defendant, I'm not sure which specific it is, but I was once again interpreting the Court's order as if it would be something that the government would be required to respond to according to the Court submission date. THE COURT: Well, I have all the docket
numbers of matters that you will be required to
18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 respond to. That could take into account all of I don't want to make
your arguments, Mr. Buczek.
any decisions here without getting the government's response as it relates to sentencing matters. you know, you'll get the order today effective today, and that will outline the government's time to respond and give you the opportunity to reply. MR. BUCZEK: But isn't it true, Judge, So,
that anything based on fraud is null and void, called void ab initio, isn't that true? THE COURT: Just whatever you submit and If
has been submitted I'll address, Mr. Buczek.
you fragment everything the way you have been doing it, we'll never get to an orderly end to this litany of motions and arguments that you make. this is going to put some order into your life. will be better for you. government. So It
It will be better for the
It will thoroughly exhaust all of the You will see from the
arguments that you made.
orders that I'm filing today on the plea cases that all your arguments will be put to rest. Those
cases will be put in their proper perspective. Likewise, once I get the government's responses to your other arguments, we'll be ready for sentencing in 90 days.
19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BUCZEK: THE COURT: MR. BUCZEK: get rid of me. THE COURT: No, that's not it. You know, And you've Judge -Yes. Sorry. I know you want to
we've gone through a lot over how long?
been given every opportunity to make every argument that you could ever think of, and we've addressed those. And I provided you with the best assistance
that I could have provided you in the whole course of all of these cases, Mr. Buczek, and, you know, there comes a time, and we talked about it in connection with the pleas and the trials, that we have to get to sentencing. Now you don't -- you have your arguments. preserved those. You made those arguments. We You
will do what has to be done in order to get you to the point of being sentenced on the cases that are final. Then I'll move on, we'll take care of your
civil cases, and we'll go from there. MR. BUCZEK: on Title 18 -THE COURT: protected. MR. BUCZEK: Thank you. All of your rights will be But, Judge, what if I'm right
20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sure. THE COURT: MR. BUCZEK: Okay. Also, I need to know, get THE COURT: MR. BUCZEK: I assure you. Okay. I just want to make
clarified through you right now, on the contempt charge that Mr. Bruce did on me, okay, he has to sentence me on that. He has to be here for By
sentencing, because he wrote the indictment up. the way, the indictment was never signed as required by the rules. THE COURT: that before. MR. BUCZEK: It's not argument. I just You've made arguments like
want to make a statement.
401, the contempt Only
charge, 401(3) it says power of the court.
the court can do anything about -- in my opinion, Judge Schroeder is the only one that can do anything with it. Tony Bruce can't run down and Only the judge --
get an indictment for contempt.
only Judge Schroeder or Judge Skretny, which would be you -- can only do -- you can imprison or you can fine. And then, of course, I would ask you
who's the ratification of commence, who is the real party of interest, who's the direct accuser. Of
21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 course, I would ask that, but not at this point, but only you can do anything. You know that. Not
Anthony Bruce running around getting all these indictments. THE COURT: MR. BUCZEK: Okay. Well --
I want to make sure that,
Judge, am I correct that Anthony Bruce can go out and get an indictment on a contempt charge? THE COURT: You will get a correct answer
to the best of my ability to every argument that you raise and that I have the government's submissions on. piecemeal. We're not going to do it
We're going to do it on a case-by-case
basis when all of the submissions are in, so that you know really what you face, and then you can put it in order, your life. You can think clearly on
each case that is finally resolved, and we'll have all three cases finally resolved, you will find out what the sentence is, and then you can move on from there. But otherwise it gets to be too fragmented,
too piecemeal, and you're going drive yourself to the point where you're not going to know which cases you're making arguments on. we're going to handle this. After court proceedings today, you are going to That's the way
22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have, to the extent that I can, short of the government's submissions with respect to the post-trial motions in your trial case, you're going to have all of the decisions that you need to address, and you'll know precisely where you are. Anything additional, Ms. Baumgarten? MS. BAUMGARTEN: Judge, the only thing is
the Court did have the defendant's motions in docket numbers 146 and 145 with respect to the travel. The government opposes that request. I'm
not certain if that's something that we would be required respond to in writing. It appeared as if
the defendant was seeking a more expedited ruling. THE COURT: Well, I want to know what the I
probation office position is on that as well. don't have that yet.
I don't have, at least with
respect to the motion, where you say you would be, Mr. Buczek, with specificity, when you would be there, how long you would be -MR. BUCZEK: THE COURT: contacted. I can do that, Judge. -- gone. How you can be
You know, I know you've requested to be That's a
released from ankle bracelet monitoring. separate request.
Mr. Ball, what's probation's -- or Mr. Kawski,
23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is that yours? PROBATION OFFICER: Yes, your Honor, I'm We would
currently supervising him on pretrial.
not recommend travel at this point until we saw more documentation of where he would be going, when, how long, what he would be doing, and whatever location he was going to. THE COURT: We're talking about California
and Florida were two of the locations that Mr. Buczek referenced, and there's no specificity with respect to the employment opportunities as such, right? PROBATION OFFICER: knowledge. THE COURT: MR. BUCZEK: All right. So there is a -Right. None to my
Judge, I can modify it and do But there's one
a reconsideration on the travel.
outstanding thing that hadn't been done for two years. THE COURT: Before you do that, I'm going
deny the request for lack of specificity. MR. BUCZEK: THE COURT: I'll redo it. I'll do it without prejudice
so that you can provide all of the specifics that were just referenced now. Any travel request has
24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to include information about the purpose and nature of the travel, where the travel is to be with specificity, for how long, how you can be contacted, where you will be staying, all of that type of information has to be included. referenced it. Mr. Kawski
The government then will be in a
better position to reassess its position once it knows the information that you might want to submit in support of that motion. But, right now it is
woefully inadequate, and I'm going to deny it without prejudice. Okay. So you can re-present a
motion with the specificity required and then I'll ask for the government's formal response, a response from probation as well. MR. BUCZEK: By the way, Judge, on
09-CV-1129 I did respond to the answer of the -which on the -- I'm not sure if this is the appropriate time, but I did respond to that civil suit that I had filed, and I want to make judicial notice on that because that pertains back to Title 18, it pertains back to the 401 issue I just brought up to you, and the passport issue, and the bank case. THE COURT: All right, and I told you
we'll deal with the civil cases in separate
25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it today. fashion. We're going to get the criminal cases
resolved, including sentencing, as quickly and as fairly as we possibly can. setting the sentencing date. on to the civil cases. That's the purpose for And then I will move
That is not at this point
proper to really address at this proceeding today. So, do we have that sentencing date? MR. BUCZEK: THE COURT: MR. BUCZEK: Judge, did you -All right. Sorry. Okay.
Did you already deny
the jurisdiction -- motion on jurisdiction, because I don't know what jurisdiction I'm in, administrative, constitution. THE COURT: Read everything when you get
All the orders that I referenced, there They will
is at least six orders that you can get.
take care of all of the matters that you have concerns about, except for what we need additional submissions on. MR. BUCZEK: THE COURT: But -That's it. Okay. Just read
those, because it will never get done otherwise, Mr. Buczek. Read those orders. They address every
concern that is proper for me to consider and resolve on these three criminal cases.
26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ten. THE COURT: November 5th at 10:00 o'clock MR. BUCZEK: THE COURT: Okay. That's it. No civil matters.
Criminal cases we're proceeding on to sentencing. All right. What was the date again? The date is November 5th at
for sentencing, and your schedule will be contained in the order itself when I issue that today. MR. BUCZEK: THE COURT: But -That's it. It's simple. Just The
follow the directive of the scheduling order.
other cases, everything that's outstanding by way of motions will be resolved. MR. BUCZEK: Okay. Thank you. So you
will give me findings of facts and conclusions of law as stated in 5 U.S.C. 557(c)(3), correct? THE COURT: Read the orders. They are
self-explanatory, and they should satisfy all of your concerns. Okay. sentencing. MS. BAUMGARTEN: MR. BUCZEK: Thank you, Judge. You'll be back here on November 5th for
Judge, just one more thing.
Just so I know, because the 10-CV-00382 WMS has
27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Buczek? MR. BUCZEK: My whole purpose is that I been assigned to you I believe, right? The red --
I was just wondering, like, are you going to address it in a month, two months, a year from now? THE COURT: timetable. You know, I don't have a set
I will move on those civil cases as I have a lot
expeditiously as I can, Mr. Buczek.
of cases that I have to address, but I will move to get yours done so that it's not prejudicial to you. MR. BUCZEK: And the last thing I want to
mention, on the trial transcripts on page 189, lines 3 through number 10, when you asked Anna Medlock -- you asked Anna Medlock what does accepted for value mean to you. means some type of money. Judge? THE COURT: What's your question, Mr. And she says it
Do you recall that,
strongly believe that these cases have already been closed and settled pursuant and in accordance of public policy that I was not allowed to talk about with during the trial, and the jury had no clue what was going on. know what that is. on the screen. Promissory note, they don't I couldn't present any evidence
If I would have got one thing on
28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that screen, that bank case would have been gone. And that's -- it's all in the paperwork. But U.S.
attorney's office again committed more fraud upon the Court. that. You. I don't know how you deal with
I don't know what you think about that. THE COURT: I think we dealt with it
properly at the time of trial and in all pretrial proceedings, Mr. Buczek. Whatever remains to be I will
done in post-trial briefings will be done. take the submissions. opportunity to reply. timely. All right. You will have your
And I will make a decision So, you can put to rest any
concerns you have that loose ends will not be taken care of. They will be, and we will see you back
here on November 5th for sentencing. MR. BUCZEK: Thank you, Judge. Just to It's just
let you know, I'm not arguing at all.
like I asked you questions about 401, because I can't get the public defender's office to call me. I can't get anybody to explain this stuff to me. Because it clearly states power of the court. THE COURT: Okay. Well, you know, I know
your position on the contempt charges 401, we'll deal with those. Just read the orders -I will.
29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor. THE COURT: No travel. I do have to say, your THE COURT: -- that I'm submitting. Your
conditions of release, and you know I went out of my way to make certain that you would be given the opportunity to be on release. same conditions of release. You are bound by the I take it that's
satisfactory to the government? MS. BAUMGARTEN: That is correct, your
Honor, and I don't mean to be challenging, the government did move and had an opportunity to have him remanded after the conviction for the jury trial, Judge. I do though request that the Court
notify the defendant that his conditions at this juncture do remain the same, that he is out on release, but that he has conditions with respect to his ankle bracelet. THE COURT: Okay. And that was what I was
in the process of doing. MS. BAUMGARTEN: THE COURT: Thank you.
I think the government -- and
it helps for the government to repeat its position with respect to your continued release. I'm
allowing you out on continued release on the same
30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conditions. If you have any questions about what
those conditions are, make sure you meet with Mr. Kawski. Go over those conditions, all right?
And if you violate, you'll be back here, and that's the problem. So be careful. But, Judge, just so you know,
you can tell the government this, is that the direct accuser has never been produced. The
ratification of commencement has never been produced. complaint. There has been no verified affidavit of Even the indictment was not done in
open court in their own rules. THE COURT: repeated that? MR. BUCZEK: I know, and it's like I mean, it's like You know how many times you've
nothing's being done about it.
why don't you arrest everybody and throw everybody in jail? And I brought the issue of the Foreign
Registration Act, nothing's been done about that. How much more do I have to do? We know there's no
criminal intent here, at least I do, maybe the government knows. Maybe they don't even care, they
just like throwing people in jail. THE COURT: We play by the rules. It's not what we have here. I told you that how many
31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 times, Mr. Buczek? You're no exception. The
government is no exception. rules of court. right? MR. BUCZEK:
The rules are the
And we have talked about that,
That's why they call it a And I keep on
court, it's like a tennis match.
bouncing the ball over, and anytime I would throw something over, they never answer. It's frivolous.
Well, Anthony Bruce was doing that in the beginning. THE COURT: That's not true. I've taken
submissions from both sides.
I've listened to
arguments from both sides, and I've done the best I can with the rulings. If you disagree with them, If an
you've been given the full opportunity.
appellate court is going to take review of this particular series of motions or cases, or whatever the case may be, that's the future. we're going to get you sentenced. But right now We're going to
get all of the cases in terms of outstanding matters resolved. MR. BUCZEK: I do want to thank you for I appreciate that, you But I strongly urge the
the CJA-24, by the way. helping me with that.
Court to please give me findings and facts and
32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conclusions of law for the writs that are in there before sentencing. Otherwise, otherwise, in my
opinion, I'm not telling you how to do your job, Judge, but in my opinion, they're all void ab initio. Title 18 must be addressed, and the
government must put evidence in there that it's an act of Congress, otherwise it's null and void, it's void ab initio, and you know that. THE COURT: Okay. Mr. Buczek, we'll see Pay strict I'm interested in
you November 5th for sentencing. attention to the time periods.
getting this case sentenced and finally resolved. Unless there are extraordinary circumstances, there will not be adjournments of any of the dates set in the order. MS. BAUMGARTEN: THE COURT: MR. BUCZEK: THE COURT: * * Thank you, Judge.
Thank you very much. Judge, thank you very much. Okay, Mr. Buczek, take care. * * * *
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
I certify that the foregoing is a correct transcription of the proceedings recorded by me in this.
s/Michelle L. McLaughlin Michelle L. McLaughlin, RPR Official Reporter U.S.D.C., W.D.N.Y.