February23,2010 FALSE ARREST AND WITH NO INJURY

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False Arrest By Anthony Bruce

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK * * * * v. * * * SHANE C. BUCZEK, * * Defendant. * * * * * * * * * * * * * * * * * UNITED STATES OF AMERICA, Docket No. 08-cr-054, 09-cr-121, and 09-cr-141 Buffalo, New York February 23, 2010 10:14 a.m. STATUS CONFERENCE

TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE WILLIAM M. SKRETNY UNITED STATES CHIEF DISTRICT JUDGE

APPEARANCES: For the Government: MARY C. BAUMGARTEN Assistant United States Attorney Appearing for the United States SHANE C. BUCZEK, pro se BRIAN P. COMERFORD, Attorney Advisor Patricia A. Galas, Notary Public, Notary Public Jack W. Hunt & Associates, Inc. 1420 Liberty Building Buffalo, New York 14202 (716) 853-5600

For the Defendant:

Court Reporter:

Proceedings recorded by mechanical stenography, transcript produced by computer.

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THE CLERK:

Criminal Case 2009-121, USA versus Shane

MS. BAUMGARTEN: THE COURT:

Good morning, Your Honor. How are

Good morning, Ms. Baumgarten.

MS. BAUMGARTEN: THE COURT:

I'm well, thank you, Judge.

Mr. Comerford, good morning. Good morning, Your Honor.

MR. COMERFORD: THE COURT:

Mr. Shane Buczek. I just want to start off that I'm As you

THE DEFENDANT:

reserving all my rights today by crossing into the Bar.

are quite aware, I had a couple filings that I filed yesterday. THE COURT: motion for recusal. THE DEFENDANT: than that, Judge. THE COURT: Well, that's all I have so I'm going to There's something much more important Well, the only one I know about is the

proceed and whatever it is, it will surface, I'm sure. THE DEFENDANT: I do want to make the Court aware that

I did file -- as a third-party plaintiff in this case, I did file a counterclaim on Case Number 09-cr-121. long. It's seven pages

I made it very short and brief and cut all the clutter

and riffraff out and got right to the point. Also, I put a petition in for a complete dismissal based on the ratification and commencement and no controversy

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present in front of the Court, pursuant to the Constitution, the New York Constitution and also the Seventh Amendment that we talked about last time dating back to the transcripts on January 14th of 2010. And I have that as an exhibit.

And I also typed up an order granting petition for lack of ratification, commencement, and no controversy, dismissing all charges in Case Number 09-cr-121. 121, right? THE COURT: It is the trial case and that's the one I think it's

that you should be concentrating on because that's the one set for trial on Tuesday. There will be a final pretrial conference

on Monday at 10:00 -- or final status conference. I'm going to go through a checklist because you need to be ready. Did you receive all those filings, Ms. Baumgarten? MS. BAUMGARTEN: I did not, Your Honor. I was aware

that a motion for recusal had been filed. receive a copy of it, Your Honor. that and oppose it, Your Honor. THE COURT: both? MS. BAUMGARTEN: anticipating. As what?

I did not actually

Of course we would object to

Untimely or other grounds or

All of that, Your Honor.

I'm

I don't know, not having reviewed all of the

documentation, and that in part it's based on a recusal not personally directed to Assistant Attorney Generals, but the

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entirety of the office. THE COURT: All right. So probably what you should do You're going to be trying this

is take a look at those motions. case.

Mr. Bruce can respond to those motions and I'll wait for

his response but we will proceed in terms of getting prepared for trial. I just want to go through my checklist here, Mr. Buczek. I do have the Government's questions with respect You know what that is. That's jury selection.

to voir dire.

And I don't know if you're going to present any questions. It's really late now, but whatever you might give to

me, I'll take a look at it as long as I get it by that final status conference at 10:00 on Monday. I take it the Government submitted everything it intends to submit on voir dire? MS. BAUMGARTEN: THE COURT: Correct, Your Honor.

As far as the jury instructions, we appear As far as the witness list is

to be set, both sides on that.

concerned, I think you have four live witnesses, Ms. Baumgarten? MS. BAUMGARTEN: additional witness. Your Honor, there may be an

That would be Scott Kawski from the United

States Probation Office. I have forwarded over a stipulation to defense counsel for review to determine whether or not he could also agree to that stipulation and the fact that the Defendant was actually on

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release at the time the alleged offense occurred, Your Honor. I am trying to avoid calling that witness if possible. THE COURT: Okay. We will wait on that. But you are

on notice that that may be the case. I'm going to go through this checklist and then you can make your comments at the appropriate time, Mr. Buczek. If

you have information on what you are going to submit, then let me know. As far as a witness list, are you going to submit a witness list? THE DEFENDANT: That's the whole thing. I really want

to get to that issue, but my main issue right now is, not even the controversy at this point, with the representation of the Western District of New York. Because the rule clearly shows

that they can't even represent -- anybody from that office and you are aware of the conflict of interest. issue right now. My main issue is finding out where in the world is the controversy at? Where is the ratification and commencement at? But that's not my

Where is the -- I believe it's call a charging, accusatory instrument for my inspection? is none. THE COURT: No, there is. We talked about that. They And let the record reflect there

THE DEFENDANT:

It's just like the mortgages.

sell the mortgages on the market, they're gone.

Just like this

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case too.

So I need to see that so I can proceed, Judge. THE COURT: Okay, Mr. Buczek, we've talked about that.

You don't agree and probably you can raise those on appeal, those issues, I don't know. know, of an indictment. THE DEFENDANT: THE COURT: Well, I don't consent to that. And I understand. But you are the subject, as you

No, you don't have to.

Your position is you're not consenting to the instrument, to the charge. You've signed certain documents as, I am me, I think.

I understand all of that but -THE DEFENDANT: I know you do. And I don't mean to

get you, I don't want to say upset, ticked off, whatever. I'm just here as a living, breathing man. corporate entity. I'm not a

I never will be, not in this lifetime anyway. And I believe the background

And I'm here to close all matters.

of this case has been closed and settled and it has been closed and settled for a very long time. THE COURT: differently. Yeah, but unfortunately the system works It's

In your mind, it's closed and settled.

really not as far as the system is concerned. where your opening is.

So that's maybe

And I'm not upset, and I'm not ticked off or anything like that, but we do have to proceed in a fashion that's consistent with the rules. And that's what I explained to you And they are the Rules of the

the last time you were in Court.

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Court, not your rules.

But nevertheless, you are bound by them

even though you take the position you are not subject to the jurisdiction. THE DEFENDANT: in the military. I'm a civilian. Well, you know, the thing is I'm not

I'm definitely not a United States employee. I'm a live man on the land. I know it sounds

kind of crazy because a lot of people here don't understand what I'm talking about. I'm definitely not a corporate entity and I made that perfectly clear with all my recordings that I've recorded. Judge Schroeder is very aware of that too. had blood in my body. I don't know how you feel as a live man, not the Court. I'm talking to you as man to man, that we have blood in And I'm a living, breathing man and the Defendant is And

Last I checked, I

our body.

actually -- in reality is dead. THE COURT: Whatever -- how that relates to what we're But what I'm going to

doing right now, that remains to be seen.

do is after we get through this checklist, I'm going to issue a decision that relates to some of the motions that you have made. That will give you a little bit more of a roadmap as to what will be permissible at trial. So try to focus on that But you need to And

and you can do your other thing in supplement.

at least have the framework, a starting point, a basis. that's what I think the decision will give you.

Some motions

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you prevail on, some you don't. that. All right. list.

So we will go through all of

So right now, we don't have an exhibit

We don't have any expert witnesses that will be

testifying as far as I know. MS. BAUMGARTEN: THE COURT: exhibits? MS. BAUMGARTEN: THE COURT: Mr. Buczek? MS. BAUMGARTEN: Just Mr. Comerford, Your Honor. I Right, Judge. That is correct, Your Honor. You've made available 36, 3500

Okay.

They've been given to Mr. Comerford and

have been providing things to him.

It is my understanding he

has been providing them to Mr. Buczek. THE COURT: And that's correct, Mr. Comerford? Judge, I provided Mr. Buczek with a

MR. COMERFORD:

copy of the discovery in this case, 09-CR-121, which I think it included the 3500 material, the exhibits we are talking about. THE CLERK: He should have for trial, though, a copy

of the marked exhibits. MR. COMERFORD: MS. BAUMGARTEN: Judge. THE COURT: You should get those forthwith so And put them in a binder We don't have that, Judge. We will get them the correct ones,

Mr. Buczek has time to review them.

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and get them set up. MS. BAUMGARTEN: THE COURT: the case. I will, Your Honor.

I have your pretrial memo with respect to And

And I've read that and I've gone through it.

there is a response to it, so for all practical purposes, we're together. Statement of the case, I will make the presentation with respect to the statement of the case for purposes of jury selection. form. The verdict form? I don't have a special verdict

I think the Government's position is that a special

verdict form is not necessary. MS. BAUMGARTEN: It may be, Judge, if we are unable to

resolve the issue with respect to the Defendant being on supervised release, Your Honor. I think it may be appropriate But as I said earlier,

to have a special verdict on that issue. we are attempting to resolve that. THE COURT: right now. MS. BAUMGARTEN: will be difficult. THE DEFENDANT: probably -THE COURT: Okay.

We're holding that in abeyance

Yes, Your Honor.

I do not expect it

Judge, I do have one more thing that I

Give me a chance to get through two more And then we will issue

points, that will take care of my list.

a statement on what the decisions are as far as the motions and

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then I'll let you make your points, Mr. Buczek. There are no stipulations that have been entered into up to this point in time, is that right? MS. BAUMGARTEN: THE COURT: agreements. THE DEFENDANT: I have a rough idea. Can you do a That is correct.

You know what stipulations are, they're

little bit of a clarification on that? THE COURT: Well, it boils down to you agreeing with

the Government as to an established fact or what may be competent evidence. You can talk with Mr. Comerford a little That may

bit about whether or not that can be entered into. help both sides in this case, I don't know. THE DEFENDANT: everything. years.

I have no problems with agreeing with

I've been very accommodating for going on two

I'll consent to anything, but I can't do that until I

see the original charging instrument, the ratification and commencement. Judge, what would you do if you were in my shoes right now? Wouldn't you want to know? Who did I injure? Where's the I'm not

ratification?

I mean, this is in their own rules.

blind, I can read it.

I now understand the difference between

solvent and insolvent, in 1933, and the silver and the gold, and getting back to the controversy, and you know and I know, there is none.

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THE COURT:

No, that's mischaracterizing what I've

said because I have said that the accusatory instrument in this case, the indictment, does establish a controversy for purposes of proceeding in a criminal case. I know you don't agree with that, but again, we must proceed on the basis of the Rules of Court. specific. And those are

Again, they may not be your rules, but the way I'm

looking at this, Mr. Buczek, at this point preserving your rights to appeal, you must abide by the Rules of Court, the Rules of Evidence and the Rules of Procedure. That's what we talked about the other day. talked about it countless times. fashion. I'm going to get to the Motions in Limine, which are your series of motions. But I'm going to give you a chance That's what I said, on some Some are a little We have

So we have to work in that

before I give you my opinion. issues, you win.

On some issues, you lose.

bit of both, but before I get to do them, I know you had some matters to say as far as the items that I go on to. THE DEFENDANT: Yes, there is. I just want to put on

the record, that's all, on for the record, in my opinion, there seems to be no valid accusatory instrument. I've been here,

Judge, under threat and duress going on two and a half years now. There is no contract present in front of the Court,

there's no meeting of the minds of anything.

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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 record. me. that.

And I really want to be done with this issue. just can't find a valid claim in front of me. mentioned this before -THE COURT: the indictment. Let me just interrupt. I think I

And I

You have a copy of

That is the valid claim for purposes of this

trial, the first of three cases. THE DEFENDANT: THE COURT: Aren't copies just hearsay? This is

This is not a hearsay document.

the product of a Grand Jury action and that is the charge that you face in connection with your case here. I'm not going to get into any more discussion than But just so you know, that's the way that the proceeding

must go forward on the basis of the charge brought -- after return of the Federal Grand Jury. THE DEFENDANT: One more thing. You probably already

know about this from Judge Schroeder, but Registered Mail number RR 353687187 US, I indemnified the entire case way back in August and I got a warrant issued out for me for doing this. And I was incarcerated for seven days. And I believe it's the

notice of international -- I believe it was an indemnity bond for 500 million. You're aware of that, right? I just want it on the

That way there's some kind of insurance policy out for

And I took a look at Fidelity and I seen three of these

cases floating around.

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THE COURT:

Is that the bonded note that you're

talking about or is that something else? THE DEFENDANT: that, right? THE COURT: I am. Okay. And also, I did some research Yes, I am. I'm sure you're aware of

THE DEFENDANT:

on three of these cases that are being traded on the market right now with Fidelity. And I just want to let you know on the I'll make that clear. And again, as you know, I

record, I'm not for sale, Judge. THE COURT: Fair enough.

can't give you legal advice.

I really am a neutral person that

has to decide the proper issues that come before me or at least decide the issues in a proper fashion. In your best interest, because the Rules of Court and Procedure and Evidence will apply, you need to get yourself ready for trial starting next week. That means you have to

prepare your defense or prepare to counter the Government's case. Now, here's the decision that I will issue that are controlling for purposes of the trial and it's with respect to the Government's Motions in Limine and yours. The Government charges you with, in this case, 09-criminal-121, with committing bank fraud in violation of Section 1344 of the Criminal Code, between September 18, 2008 and January 16th, 2009.

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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 of law.

And that's in connection with, as you know, the allegations related to purchases through HSBC of electronic equipment from Best Buy. And I'm going to get right to the

rulings because you are all familiar with the issues raised in the motions. The Government moves to preclude you from presenting any evidence of reference to, and I quote, "tax protestor" or, and I quote again, "redemption theories" related to the Federal Government's taxing power or the existence of secret bank accounts held by the Federal Government for each citizen of the United States. You have filed documents consistent with these

theories in these and other proceedings, and I'm going to grant the Government's motion for the most part. First, I note that Mr. Comerford has indicated in his responding papers that you do not intend to introduce a defense based on these theories. And I am unsure whether that is still

the case but, in any event, I will preclude the introduction of evidence or references to these particular theories. First, the theories largely purport to be statements Instructing the jury on the correct law is my task. It

doesn't become a task of the parties or the lawyers. Second, those theories are incorrect and I will not permit the jury to be mislead. And third, I find that the introduction of those theories would confuse the jury and distract them from the

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issues at hand, which is whether the Government can prove your guilt beyond a reasonable doubt. That's the proof standard.

The burden is on the Government, not on you. So any evidence, testimony, and witnesses offered solely for the purpose of relying on the theories I mentioned, to the jury, my decision is that that evidence will be precluded as will the theories. That being said, Mr. Buczek, you will be permitted to offer evidence and testimony concerning willfulness. to this. And listen

You're permitted to do this because willfulness is an That is, you are

essential element of the crime charged.

entitled to present evidence or argue that you had a good faith misunderstanding of what the law required. To that extent, the tax protestor or redemption theories are relevant on that issue. And I will allow such

evidence or argument, but I will monitor that very, very carefully. And the opportunity for introducing the theories on

the basis is narrow and it's limited. But Mr. Buczek, you cannot introduce evidence or argue that you disagree with the law, that the law is wrong or invalid, that it is unconstitutional, or that there is some other flaw in the law based on the tax protestor or redemption theories that you have raised in the past. Should you make any attempt to introduce these theories, I will instruct the jury to disregard the testimony or

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statement.

And if it persists, I will have to admonish you in

front of the jury, which I don't think is in your best interest or anybody's best interest. Further, the Government requests that I preclude documents that may be offered by you, including documents and materials that you may have created. I don't have those

documents before me, nor do I know what you intend to introduce because I don't have an exhibit list or the exhibits similar to the ones that the Government describes. So I will handle any

objections to documents at the time that they may be proffered. You are on notice, however, that documents relating to tax protestor or redemption theories will not be accepted into evidence unless it is demonstrated that they bear directly on the issue of willfulness or another material issue in this trial. This ruling also applies to the Government's request to

preclude the introduction of Court opinions, statutes, and Government regulations. I will handle the Government's

objection if and when such testaments are proffered. Finally, the Government requests that I preclude you from asking examination questions that would require a fact witness to give a legal opinion. would be improper. Eliciting a legal opinion

But again, in the absence here of an

articulated question or line of questioning, it is difficult for me to rule. So you are advised I will instruct the jury on the

law and will not permit witnesses to testify about the state of

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the law or what they think the law should be. with the Government's Motion in Limine. Let me move on to yours.

That's dealing

Because you filed a Motion

in Limine on January 4th of this year, at that time, you were represented by Mr. Comerford. He's now your standby counsel. But you I

don't have a response from the Government to that.

moved to preclude the Government from referring to you as a tax protestor or introducing evidence concerning your tax protestor or redemption beliefs. Because this is not a tax case and tax

protestor-type statements will be introduced into the trial only on a limited bases, if at all, I'm going to grant your motion. At this time, I see no reason why the Government would need to refer to you as a tax protestor. Moreover, for the

reasons I've already articulated, evidence concerning tax protestor or redemption beliefs will be precluded. And finally, Mr. Buczek, you asked me that the Government be precluded from referring to the fact that you have two other criminal cases pending in this court. Those cases, as

I see it, are unrelated to the present bank fraud prosecution, so I'm going to grant your motion in that regard. So as to both requests I just granted, you, Mr. Buczek, are on notice that I will provide the Government an opportunity to introduce evidence if you open the door. For

example, if you argue or attempt to elicit testimony concerning pending cases against you, you will have opened the door for the

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Government introducing evidence on that subject. So you have to be cautious in that regard. Know what

you are doing, consult with Mr. Comerford, work on your preparations because you will be held accountable for your conduct at trial based on the Rules of Evidence and Procedure that apply to Court proceedings in the normal course. are my rulings. Do you understand them? THE DEFENDANT: THE COURT: Judge, may I make a comment first? As far as what And those

Do you understand that?

I've said, do you understand that? THE DEFENDANT: THE COURT: I heard what you said.

You may not disagree (sic) with it, but

you understand it, right? THE DEFENDANT: I don't want to understand it because

I don't comprehend it, I guess, because there's a lot of things that you said -- and I'm not a licensed attorney and I know the U.S. Attorney's Office has some issues with me based on my personal belief system. And I strongly feel that -- I'm trying I don't know how it is,

to see how this case can go forward. but it is.

And the reason why I bring that up is there's been a huge mistake. And there's been no proper notice. And

there's been -- I see no controversy present in front of the Court and I made that perfectly clear in a very short one and a

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half page petition that I filed yesterday. THE COURT: news, that's history. The fact of the matter is, that's old I've already discussed that with you. I know. It's fait accompli. It's

THE DEFENDANT: THE COURT: over.

So it's done.

Can we move forward? As far as the bench decision, Mr. Comerford, at least

in your backup role capacity, you understand what I did articulated? MR. COMERFORD: Yes, Judge. I have one

Judge, I apologize for interrupting.

scheduling matter I wanted to ask the Court about. THE COURT: Sure. The morning of Wednesday, March 3rd,

MR. COMERFORD:

which would be the day after we're scheduled to pick a jury, I have a personal commitment that morning that I have been unable to the move. I asked the Government if they would object to going down for that morning and they have no problem with it. If

that's still the case, I just want to know if that's possible. I would appreciate it. THE COURT: at 2:00 maybe? MR. COMERFORD: you. That would be great, Judge. Thank Yes, I think we can work that out, start

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MS. BAUMGARTEN:

Your Honor, when we do jury selection

on Tuesday, should we be prepared to have opening statements? THE COURT: Yes, and proof, if we have time. The other thing, You Honor, it would

MS. BAUMGARTEN:

be required for the Government, as I stated earlier, as part of the stipulation to establish that the Defendant was on release as part of it. It's an enhancement, Your Honor.

If we can't reach a stipulation with respect to it, I think I would have to in some way not refer to the specifics of why he was on release but that he was under supervision. That's

why the Government would have to call Mr. Kawski as a witness if we can't come to an agreement and read the stipulation on that. THE COURT: Why don't you work on that with, first,

Mr. Buczek and, in connection with Mr. Buczek, Mr. Comerford and then we will finally discuss it on Monday at 10:00. MS. BAUMGARTEN: THE DEFENDANT: by calling me Buczek. Thank you, Judge. Judge, I know you are referring to me I don't Because

And I want to make a record.

consent to the last name.

Just a record of it, okay?

I'm a living, breathing man and I don't like to be putting titles on me. There are more things I want to say but the things I want to say should be held in Chambers. THE COURT: And you know I can't do that, right? I know that, but I do want to make a

THE DEFENDANT:

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record of it.

Because there are so many things I would like to

talk about because I found, you know, with the case, you know, the Fidelity and being sold and the bid bond, performance bond, that's something I can talk about here, because I do know about it. And that stuff, if it ever gets to it, it would be done in Chambers. And I will not bring it up. I tried to do

that once before and I went to a psych center. THE COURT record. I think what you've done is made your

And I think the record's also clear that I cannot have

conversations with just one party. THE DEFENDANT: I clearly know that and the

U.S. Attorney is welcome to be there, but fictitious allegations and all those things, you don't talk about? not really kind of a good thing to do. THE COURT: Well, as you know from my decisions, But with Title 18. And it's

certain things are relevant, certain things are not.

respect to issues that relate to your intent, that's where you have a little bit of license. But you're going to need some

guidance, I think, from Mr. Comerford so you can know how you can channel your proof. You have no burden, remember that. to do anything. You're presumed innocent. You have no burden And by the

Government, I mean the United States represented here by Ms. Baumgarten and backed up by Mr. Bruce, I don't know exactly

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what he does.

In any event, Ms. Baumgarten will be handling the

main trial load and she'll be representing the United States. And that will be the party that has the full burden of proof beyond a reasonable doubt on each essential element of the crime charged. And you are innocent until proven guilty.

You understand that, right? THE DEFENDANT: The thing is I also want to make it

clear to the Court, I am the third-party plaintiff in this case. And I did file a counterclaim, which I thought you would take a look at. And I rushed down here as quick as I could yesterday

because the door just opened, so for -- remember the door has been shut for me from August all the way until Friday. door's been closed for me to file things. The

But for a brief

moment, we were allowed to file one document. THE COURT: No, no, that's not exactly right. But in

any event, there is no counterclaim opportunity in a criminal case. This is not a civil action. This is a criminal action so

whatever you have in mind by way of filing countercharges or claims, that's not proper by way of Criminal Procedure. THE DEFENDANT: I'm not here to debate it. I just

want you to hopefully make a ruling on that because, in my opinion, we are still on the civil side because the criminal side hasn't been crossed over. injured party. And you know how I feel is that how in the world can Because what? There's no

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you be charged for bank fraud when there's no banks? banks don't loan money. Article 1, Section 10.

You know

Gold and silver is lawful money under And you can only go to a jury trial or We have no

trial by jury for a controversy exceeding $20. dollars. THE COURT: This is a criminal case.

You have filed But I

things or have attempted to.

I don't have them all.

guess Mr. Bruce is going to make a submission for the Government on those. So I think that puts us in a position where we will see everybody here on Monday at 10:00. MS. BAUMGARTEN: briefly on the status. Judge, if I just may update the Court

I have been engaging in discussions

with Mr. Comerford and we have made some progress, but obviously not fully. So should that change, Your Honor, I suggest

Mr. Comerford and I could notify your Chambers? THE COURT: Certainly. That's concerning the plea, right?

THE DEFENDANT: THE COURT:

I assume that's what we're talking about? Yes, it would not just be only with

MS. BAUMGARTEN:

respect to this case, but all three, Your Honor. THE DEFENDANT: I have no issues with that, Judge.

The only issue I have was the felony. MS. BAUMGARTEN: Judge, we can talk about this I will take the

privately if that might be more suitable.

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opportunity to meet with -- if we may, out of the Court's presence? THE COURT: I think that's a good idea and you can

address the full panoply of issues, including reservations of rights and everything else that you might have to factor in here. Keep me updated because there's a great expense, there's a lot of time that's involved in this. And very

honestly, just think about what's in the absolute best interest. Principle is recognizable. about. I acknowledge what principle is all

But remember that when you look to resolve the matter,

sometimes the compromise is maybe not the principle itself, but the exposure that you make. talking about. And that's really what we are

So principle is principle, I believe that. Judge, I come in peace. The last

THE DEFENDANT:

thing I want to do is argue with Mr. Bruce and jump up and down screaming and say, your warrant's invalid and I believe in this and that. That's the last thing I want to do. THE COURT: years. THE DEFENDANT: I know. And I unfortunately have met You would never convince him in a million

with him in his office and we've talked and he doesn't agree with me, but that's fine. coming here in peace. the way. I just want to let you know, I'm

And I did not want to file that case, by I didn't want to do that.

And I had to.

Proceedings

25

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THE COURT:

I've never viewed it any other way.

You

come here in peace, but you've got your own "piece" to say, right? So continue on, work -- you know, work with And then whatever we have to

Mr. Comerford and Ms. Baumgarten. do, we'll start on Monday. THE DEFENDANT:

If it does go to trial and it gets to But,

that point, I do want to put my mom and dad on the stand.

unfortunately, they're not going to be here, so I don't know how we're going to work that out because we did talk about that a couple weeks ago in court. for the Defendant. THE COURT: Well, I guess we'll address that when the But they have been on notice, as you And to me, that's vitally important

time comes, Mr. Buczek.

have, for a long time when this trial is set to go. There are so many flexibilities that I have in connection with this trial. I know, Mrs. Buczek, you asked the

other day because you have a vacation or something scheduled. MRS. BUCZEK: THE COURT: We're out for business, Judge.

Let's see how the case progresses and if And

it becomes necessary, we will talk about things once again.

we will be as flexible as we possibly can to make sure that both sides are treated fairly. Right now, we'll see you at 10:00 on March 1st. THE DEFENDANT: One more thing, Judge? As you know,

these are all my documents.

Proceedings

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 seal.

THE COURT:

I don't know that, Mr. Buczek. I got them all authenticated. This is a certified

THE DEFENDANT:

Remember I talked about a certified copy? copy here, the red seal. THE COURT: in your mind? THE DEFENDANT:

Is that the same thing as a bonded copy,

This is the original with the raised By the

I just want to make a record of it, that's all.

way, I did surrender the Defendant back in the summertime, the birth certificate. THE COURT: You know all about that, right? I don't know if I know about everything,

but I know about a lot. THE DEFENDANT: MS. BAUMGARTEN: THE COURT: Thank you, Judge. Thank you, Judge.

Work hard.

(Proceedings concluded at 10:49 a.m.)

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"I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter."

Patricia A. Galas Signature

June 10, 2010 Date

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