IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, v.

SHANE C. BUCZEK, Defendant. 08-CR-54-S

MOTION REQUESTING THE COURT TO ADD A CONDITION OF RELEASE

THE UNITED STATES OF AMERICA, by and through its attorneys, William J. Hochul, Jr., United States Attorney for the Western District of New York and Maura K. O’Donnell, Assistant United States Attorney (AUSA), hereby moves the Court for an Order directing the defendant not to file any complaints, affidavits or other, similar documents with any federal, state or local agency that purports to be a complaint about the behavior of the United States Attorney, any AUSA, or any employee of the United States Attorney’s Office for the Western District of New York without first providing a copy of any complaint or complaints to Pretrial Services and thereafter receiving the written approval of pretrial services for the filing of said complaint.

IN SUPPORT THEREOF, it is respectfully shown unto the Court as follows:

1.

On or about the dates of March 26, 2010, June 25, 2010,

and June 30, 2010, the defendant filed complaints about AUSA Anthony M. Bruce with the Federal Trade Commission. (See

Exhibit A, attached hereto).

The complaints, in essence, accuse

AUSA Bruce with engaging in unfair debt collection practices against the defendant by obtaining indictment 09-CR-121-S against the defendant.

2. contain,

A reading of each complaint will demonstrate that they on the one hand, a series of false and malicious

allegations against AUSA Bruce and, on the other hand, are wholly frivolous. As such, they border on, or are in fact, libelous and

have the potential to cause injury to AUSA Bruce’s reputation.1

3.

In order to prevent future, similar filings relating to

AUSA Bruce or any other member of the United States Attorney’s

Although the Court does not have jurisdiction over Daniel Buczek, the defendant’s father, we note that Daniel Buczek filed a grievance against Mr. Bruce with the Attorney Grievance Committee for the Fourth Department which the Grievance Committee reviewed and found to be lacking in merit. We submit that this grievance was made with the defendant’s knowledge and, in all likelihood, was a part of the effort to damage AUSA Bruce’s reputation in the same way as the attached FTC complaints seek to do so.
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1

Office for this district, it is requested that the Court enter the proposed Order provided herewith.

DATED:

Buffalo, New York, July 19, 2010.

Respectfully submitted, WILLIAM J. HOCHUL, JR. United States Attorney

BY:

s/MAURA K. O’DONNELL Assistant U.S. Attorney Western District of New York 138 Delaware Avenue Buffalo, New York 14202 716.843.5816 Maura.O’Donnell2@usdoj.gov

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, v. SHANE C. BUCZEK, Defendant. 08-CR-54-S

CERTIFICATE OF SERVICE

I hereby certify that on July 19, 2010, I electronically filed the foregoing MOTION REQUESTING THE COURT TO ADD A CONDITION OF RELEASE with the Clerk of the District Court using its CM/ECF system, which would then electronically notify the following CM/ECF participant on this case: Brian P. Comerford, Assistant Federal Public Defender I hereby certify that on July 19, 2010, I mailed the

foregoing, by the U.S. Postal Service, to the following non-CM/ECF participant: Shane Buczek (last known address)

s/KEA D. RUSCH

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