1

1 UNITED STATES DISTRICT COURT

2 WESTERN DISTRICT OF NEW YORK

3 - - - - - - - - - - - - - - - - X
UNITED STATES OF AMERICA ) 08-CR-54(WMS)
4 ) 09-CR-121(WMS)
vs. ) 09-CR-141(WMS)
5 )
SHANE C. BUCZEK, )
6 Defendant. ) Buffalo, New York
) August 20, 2009
7 - - - - - - - - - - - - - - - - X 1:47 p.m.

8 TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE H. KENNETH SCHROEDER, JR.
9 UNITED STATES MAGISTRATE JUDGE

10
KATHLEEN M. MEHLTRETTER, ESQ.
11 Acting United States Attorney
BY: GEORGE C. BURGASSER, ESQ.
12 Assistant United States Attorney
138 Delaware Avenue
13 Buffalo, New York 14202

14
MARIANNE MARIANO, ESQ.
15 Federal Public Defender
BY: BRIAN COMERFORD, ESQ.
16 Assistant Federal Public Defender
300 Pearl Street, Suite 450
17 Buffalo, New York 14202
Appearing on behalf of the Defendant
18

19 ALSO PRESENT: Scott Kawski, U. S. Probation Office

Curtis Middlebrooks, U.S. Probation Office
20

21 AUDIO RECORDER: Llane M. Guidotti

22
TRANSCRIBER: Christi A. Macri, FAPR, RMR, CRR, CRI
23 Kenneth B. Keating Federal Building
100 State Street
24 Rochester, New York 14614-0222

25 (Proceedings recorded by electronic sound recording, transcript

produced by computer).
 2

1 P R O C E E D I N G S

2 * * *

3 (WHEREUPON, the defendant is present).

4 THE CLERK: United States District Court for the Western

5 District of New York is now in session.

6 The Honorable H. Kenneth Schroeder, Junior presiding.

7 MAGISTRATE JUDGE SCHROEDER: Be seated please.

8 THE CLERK: This is United States vs. Shane Buczek,

9 docket number 08-CR-54, docket number 09-CR-121, and docket number

10 09-CR-141.

11 Today's proceeding is scheduled for a bail reviewing

12 hearing.

13 For the Government, Assistant United States Attorney

14 George Burgasser on behalf of Anthony Bruce.

15 Assistant Federal Public Defender Brian Comerford is

16 present with the defendant.

17 And Scott Kawski is present for Probation.

18 MAGISTRATE JUDGE SCHROEDER: Good afternoon.

19 MR. COMERFORD: Good afternoon.

20 MR. BURGASSER: Good afternoon, Your Honor.

21 MAGISTRATE JUDGE SCHROEDER: First order of business I

22 want to address, Mr. Comerford, were you able to get any guidance

23 on your being able to represent Mr. Buczek in 08-054?

24 MR. COMERFORD: I am, Judge. I spoke with

25 Judge Skretny's chambers and he has no problem with my

 3

1 representing Mr. Buczek in this case.

2 MAGISTRATE JUDGE SCHROEDER: All right. And you've

3 explained to Mr. Buczek your history?

4 MR. COMERFORD: Judge, we haven't discussed that.

5 MAGISTRATE JUDGE SCHROEDER: Let me just tell you,

6 Mr. Buczek, that at one point in his legal career, his young legal

7 career, Mr. Comerford was a law clerk with the Honorable William

8 M. Skretny, the United States district judge to whom this case is

9 assigned. He served in that capacity for a couple of years before

10 moving over to the Public Defender's Office.

11 He was in no way involved with any of your cases, but

12 when the case in 08-CR-054 was initiated, he was still employed in

13 Judge Skretny's chambers, but did not work on that case.

14 So to be perfectly safe and have full transparency, we

15 wanted everyone to be aware that Mr. Comerford was a law clerk for

16 Judge Skretny when 08-CR-54 began.

17 I trust that does not cause you any concern, Mr. Buczek?

18 THE DEFENDANT: No, Judge. I respect your counsel in

19 terms of that.

20 MAGISTRATE JUDGE SCHROEDER: I'm not counseling you

21 because I can't give you advice, but I will merely state for the

22 record that I know of no legal impediment that would prevent

23 Mr. Comerford from representing you based on the fact that he was

24 not in any way involved in 08-CR-54 while he was Judge Skretny's

25 law clerk.
 4

1 THE DEFENDANT: Okay.

2 MAGISTRATE JUDGE SCHROEDER: All right?

3 THE DEFENDANT: Judge, I do have a question. I'm just

4 curious --

5 MAGISTRATE JUDGE SCHROEDER: Maybe you ought to ask that

6 question through your attorney Mr. Comerford.

7 THE DEFENDANT: All right, I'll ask later.

8 MAGISTRATE JUDGE SCHROEDER: No, no, put the question to

9 Mr. Comerford so that --

10 MR. COMERFORD: We're all set, Judge.

11 MAGISTRATE JUDGE SCHROEDER: All right. Anything you

12 want to ask, Mr. Comerford, or say? Address?

13 MR. COMERFORD: No, Your Honor. We have completed the

14 financial affidavit. We went through it last time in the lockup

15 following court.

16 I still need to, I guess, execute the financial

17 affidavit. I just want to make sure there's no outstanding issues

18 with Mr. Buczek before we do that.

19 MAGISTRATE JUDGE SCHROEDER: All right.

20 MR. COMERFORD: Judge, I have a signed financial

21 affidavit that I would like to bring up to the Court.

22 MAGISTRATE JUDGE SCHROEDER: All right. Mr. Buczek, do

23 you agree to allow me to place you under oath and question you

24 about your financial circumstances so that I can make a

25 determination as to whether you qualify financially to have the

 5

1 Court continue with the assignment of the Public Defender's Office

2 to represent you in these three cases, to wit, 08-CR-54,

3 09-CR-121, 09-CR-141?

4 THE DEFENDANT: Yes, Judge.

5 (WHEREUPON, the defendant was sworn).

6 MAGISTRATE JUDGE SCHROEDER: I show you a financial

7 affidavit for one Shane Christopher Buczek and I ask you if that's

8 your signature that appears in the lower right-hand corner of that

9 document?

10 THE DEFENDANT: Yes.

11 MAGISTRATE JUDGE SCHROEDER: Did you review this

12 financial affidavit before you signed it?

13 THE DEFENDANT: Yes, Judge.

14 MAGISTRATE JUDGE SCHROEDER: Were you able to review it

15 and discuss it with Mr. Comerford of the Public Defender's Office

16 before you signed it?

17 THE DEFENDANT: Yes, we just did that.

18 MAGISTRATE JUDGE SCHROEDER: Did you have any problems in

19 reading the financial affidavit?

20 THE DEFENDANT: No.

21 MAGISTRATE JUDGE SCHROEDER: Did you have any problems in

22 understanding what information was being requested of you in this

23 financial affidavit?

24 THE DEFENDANT: No, Judge.

25 THE COURT: Do you swear that the contents of the

 6

1 financial affidavit are complete and true?

2 THE DEFENDANT: Yes.

3 MAGISTRATE JUDGE SCHROEDER: Now, you indicate that you

4 are not employed, and that your last gainful employment was

5 sometime in the end of 2008; is that correct?

6 THE DEFENDANT: Yeah, right after Christmastime because

7 that's when I got taken in for that psych evaluation.

8 MAGISTRATE JUDGE SCHROEDER: Right, and I do know that

9 you spent a substantial period of time --

10 THE DEFENDANT: Right, and then I also tried to put a

11 motion in for work release, and you know the outcome of that. So

12 I've been trying to -- diligently to try to work.

13 MAGISTRATE JUDGE SCHROEDER: No, I understand. Do you

14 have any bank accounts anywhere?

15 THE DEFENDANT: No, Judge.

16 MAGISTRATE JUDGE SCHROEDER: Do you have any safety

17 deposit boxes anywhere?

18 THE DEFENDANT: No.

19 MAGISTRATE JUDGE SCHROEDER: Do you own any stocks or

20 bonds?

21 THE DEFENDANT: No, but I do have a question.

22 MR. COMERFORD: Judge, there is an issue with a bond that

23 Mr. Buczek apparently sent to HSBC that is the content -- it deals

24 with the issues in one of the indictments in this case.

25 MAGISTRATE JUDGE SCHROEDER: The bond that he claims he

 7

1 has an account on for $200 million dollars?

2 MR. COMERFORD: I think this is something separate,

3 Judge, but it's along --

4 MAGISTRATE JUDGE SCHROEDER: The one involving the

5 Best Buy --

6 MR. COMERFORD: Yeah.

7 MAGISTRATE JUDGE SCHROEDER: -- situation? All right,

8 the Court is aware of that by reason of the allegations made in

9 the criminal complaint and thereafter in the indictment, and I

10 will not treat that account as an asset for purposes of

11 determining his financial circumstances.

12 MR. COMERFORD: Thank you, Judge.

13 MAGISTRATE JUDGE SCHROEDER: Do you own any real

14 property, Mr. Buczek?

15 THE DEFENDANT: No, Judge, just myself.

16 MAGISTRATE JUDGE SCHROEDER: Do you have any lawsuits

17 pending where you hope to collect money in the immediate future or

18 the very near future?

19 THE DEFENDANT: No, Judge.

20 MAGISTRATE JUDGE SCHROEDER: All right. Based on the

21 contents of the financial affidavit, as well as the legal history

22 that the Court is well aware of involving Mr. Buczek, starting

23 with the proceedings in 08-CR-54, I find that the defendant's

24 financial circumstances are such that he qualifies to have the

25 Court assign counsel to represent him in all three cases and,

 8

1 therefore, I am formally assigning the Federal Public Defender's

2 Office for that purpose in each of those three cases and ask

3 Mr. Comerford to undertake that representation.

4 MR. COMERFORD: I'll accept that, Judge.

5 MAGISTRATE JUDGE SCHROEDER: Thank you.

6 We're here today then on the bail violation petition.

7 Are we ready to proceed?

8 MR. BURGASSER: Your Honor, we are. We have a couple

9 matters we would like to bring to the Court's attention before you

10 again.

11 I spoke with Mr. Comerford, I gave him a booklet/binder

12 that's got Exhibits A through G, and I believe that we're going to

13 agree those be entered in front of the Court. And I'll hand a

14 copy up to the Court.

15 MAGISTRATE JUDGE SCHROEDER: All right. Are any of them

16 different than what had previously been handed up to me?

17 MR. BURGASSER: There are some different items, Your

18 Honor. I thought it would be better to have, for the record, that

19 I marked each one.

20 Basically, Your Honor, A through D are actually public

21 filings, orders from the Court, violation reports, the order of

22 the conditional release.

23 Then E is a copy of what I believe was attached at one

24 point to the supervised release violation, the initial documents

25 that brought the proceeding that had been sent to the IRS to the
 9

1 attention of Deborah Shulen.

2 F are documents that I showed to the Court, and I made

3 copies of for Mr. Comerford at the last appearance, and these are

4 documents that were initially sent to the Treasury Department,

5 then they were forwarded on to the Bureau of Prisons, and then

6 forwarded on to Mr. Bruce.

7 MAGISTRATE JUDGE SCHROEDER: By the Bureau of Prisons?

8 MR. BURGASSER: By the Bureau of Prisons.

9 MAGISTRATE JUDGE SCHROEDER: So Mr. Buczek did not send

10 them directly to Mr. Bruce?

11 MR. BURGASSER: He sent these documents, Exhibit F,

12 directly to the Treasury Department.

13 MAGISTRATE JUDGE SCHROEDER: No, my question is then he

14 did not send any documents -- at least those that you've

15 identified so far -- directly to Mr. Bruce?

16 MR. BURGASSER: No.

17 MAGISTRATE JUDGE SCHROEDER: Another government agency

18 did?

19 MR. BURGASSER: Another government agency. He sent them

20 to IRS, then to the Treasury Department.

21 Then Exhibit G, Your Honor, let me just -- is a copy of

22 a public domain filing cite, it's called the National Republic

23 Registry, and the initial pages are just the website page;

24 instructions on how to record; and then copies of what at this

25 point the Government was able to find that have been, in fact,
 10

1 filed on that public registry.

2 MAGISTRATE JUDGE SCHROEDER: Now, is this National

3 Republic Registry a government agency?

4 MR. BURGASSER: No, it's a public place for recording

5 documents.

6 MAGISTRATE JUDGE SCHROEDER: You mean for storing

7 documents?

8 MR. BURGASSER: For -- you can -- well, they're there for

9 the public to review.

10 MAGISTRATE JUDGE SCHROEDER: But it isn't what we

11 recognize normally in the law as a recording receptor, is it?

12 Like the Erie County Clerk's Office will record real estate

13 documents, liens, that kind of thing, as will other

14 municipalities, as well as the Federal Government, and the Clerk's

15 Office.

16 But this seems to be a repository; I suppose you can

17 file photographs of your grandchildren if you wanted.

18 MR. BURGASSER: Well, it says under 1521 it's a place

19 where you can file for public record which is generally available

20 to the public.

21 MAGISTRATE JUDGE SCHROEDER: I understand, I understand.

22 MR. BURGASSER: It's generally available. But it's not

23 a government agency.

24 MAGISTRATE JUDGE SCHROEDER: I understand. If I am so

25 very proud of my grandchildren, which I am, if I took it upon

 11

1 myself, I could want the world to see them, and I guess file

2 photographs of them.

3 MR. BURGASSER: Well, you'd probably be better using

4 Facebook because this is actually recording fees by page.

5 MAGISTRATE JUDGE SCHROEDER: Well, that would be my

6 choice. My point is it's just a place anybody can file whatever

7 they want, right?

8 MR. BURGASSER: Right. I don't know what they would

9 accept or not accept, Your Honor. All I know is the second page

10 lists the type of things that they do, in fact, file.

11 MAGISTRATE JUDGE SCHROEDER: Which you could do on a web

12 page, a social network, YouTube or whatever else was out there

13 these days?

14 MR. BURGASSER: Again, this goes to part of the sovereign

15 citizen argument, Your Honor, and that's why this particular

16 place, I believe, is available.

17 MAGISTRATE JUDGE SCHROEDER: All right, I understand.

18 MR. BURGASSER: Okay. Now, the other discussions we had

19 is I have the notary here available, Ms. Pavor, who took the

20 notary of the defendant on numerous exhibits that are contained

21 herein, and I believe there's no issue as to the fact that that is

22 the notary, and I'll let Mr. Comerford speak to that so that we're

23 clear.

24 MR. COMERFORD: Judge, we don't have an issue with

25 respect to that. And I've indicated that we'll -- if the Court

 12

1 will permit, stipulate that he did, in fact, mail these documents

2 to the Treasury that were -- that are in question here.

3 We're not contesting saying that he didn't do it, but we

4 would like argument on whether it should be considered a violation

5 of the conditions of his bail.

6 MR. BURGASSER: Now, just as to Count 6, Your Honor, that

7 has to do with the restrictions to his residence and what he's

8 allowed to do.

9 Again, Ms. Pavor is here and she would testify that as

10 to the notarizations that took place during the months of July and

11 August, that he came to her office.

12 MAGISTRATE JUDGE SCHROEDER: But he was allowed to leave

13 the premises while acting in his own behalf as pro se attorney in

14 these matters, and if he believed this was still part of his

15 pro se attorney function, are you really asking me to say he's in

16 violation of a term and condition of bail?

17 MR. BURGASSER: I'm looking for that condition to see if

18 it's worded that way.

19 MAGISTRATE JUDGE SCHROEDER: Well, I said that -- I said

20 that Mr. Buczek could do things that were necessary in

21 representing himself in responding to the three indictments.

22 I mean, he's got to be able to do what he thinks is

23 necessary for him to defend himself, at least up to the point in

24 time when he was representing himself.

25 MR. BURGASSER: Well, in the past she was able to go to

 13

1 his house if he so requested. It also seems he could have it

2 mailed. That's not in the order, Your Honor. I believe that

3 would have been included in the order or it would have had to have

4 been --

5 MAGISTRATE JUDGE SCHROEDER: Let me cut through this --

6 and I'm not trying to prevent anybody from having their day in

7 court or having any legal argument, but I have to say, with all

8 due respect to the executive branch of the United States

9 Government, notwithstanding the precipice of danger that we find

10 ourselves in starting with 9/11, the economic crisis, what we

11 still have going on in the world, health care, the fragilis of

12 Government, the lack of respect of Government both by way of

13 corruption as well as by way of waste, I'm having a very difficult

14 time understanding why the United States Government is so

15 intimidated and so paranoid and so perplexed over what is in front

16 of me that it has gone to the point of taking up this Court's

17 time, taking up the U.S. Attorney's Office's time, and even going

18 to the grand jury in those two prior cases on so-called alleged

19 bail violations.

20 You know, if the U.S. Attorney's Office wants to do

21 something constructive and valuable to the public and to the

22 taxpayer, and they're concerned about filings and documents, I

23 strongly urge, as I have in the past, that they set up a special

24 unit over there to start pursuing the fraudulent financial

25 affidavits that are filed, especially in the drug cases where we

 14

1 have people who haven't worked in ten years and are driving big,

2 expensive cars and don't have any means of support, but yet the

3 Government just seems to turn their head away.

4 But we're going to spend a lot of time on what I have

5 already described as a bunch of gibberish filed by Mr. Buczek. It

6 seems to me that it's somewhat vindictive and somewhat retaliatory

7 on the part of a certain assistant U.S. Attorney in pursuing this.

8 MR. BURGASSER: Who I hope is not --

9 MAGISTRATE JUDGE SCHROEDER: It's not you, Mr. Burgasser.

10 It's not you, Mr. Burgasser.

11 MR. BURGASSER: Your Honor, if I could just address that?

12 I actually do take interest in the one comment you just made about

13 financial affidavits, and I would like to report that back to my

14 superiors.

15 MAGISTRATE JUDGE SCHROEDER: I wish you would because I

16 have said that probably from about the second year I went on this

17 bench.

18 MR. BURGASSER: We have no disagreement there.

19 But what I would like to say is I understand the Court's

20 time, I understand the assistant United States Attorney's time, as

21 well as our office's time, the time that's being taken up here --

22 and I know how the initial charges were laid was due to the time

23 that's being taken up by the Internal Revenue Service dealing with

24 certain individuals, not just perhaps this defendant, but other

25 individuals that are part of the sovereign citizen movement.

 15

1 It's kind of like if everybody in the world stole a

2 nickel, it would be worth a lot. A nickel by itself doesn't mean

3 much. That's what's happening here in this case.

4 Mr. Buczek --

5 MAGISTRATE JUDGE SCHROEDER: We have Mr. Madoff stealing

6 billions and the SEC didn't seem to be too concerned for ten

7 years, so that's a poor analogy.

8 MR. BURGASSER: The IRS -- and I've spoken to the IRS

9 agents, the Inspector General's Office, and apparently there's

10 quite a movement afoot that involves documents very similar to

11 this throughout the United States.

12 And but for the fact of a lot of motions that would have

13 been brought here in these proceedings, certain fraudulent

14 instruments and the continued filings in this court, perhaps less

15 time would have been taken up.

16 As far as what was happening in this case previously, as

17 I told the Court before, you know, I'm aware of the additional

18 counts that were added. I've taken a look at that since I was

19 here on Monday, and I'm here for the purpose of asking the Court

20 to revoke bail and, obviously, that's the Court's final

21 determination.

22 I'm also here on behalf of the U.S. Attorney's Office

23 asking for the Court to consider contempt under 3148(c).

24 We're also moving under 3148(b) as to the possible

25 federal crime, whether it be contempt or underneath 1521 of

 16

1 Title 18, that there's a rebuttable presumption as to combination

2 of conditions that could actually be utilized in this case to

3 release the defendant again.

4 It seems that no matter what is put in place, he

5 violates what's been asked to simply be done by the Court so the

6 defendant can remain at large, that he can stay at his house, that

7 he can participate with his family. The conditions are not hard

8 to follow.

9 In reference to even these documents that were recently

10 sent, all he had to do pursuant to the Court's order was approach

11 Pretrial Services, which then could have either said yay or nay,

12 there could have been a court proceeding, and the Court could have

13 made a decision.

14 Unfortunately, he contacted the Clerk's Office directly,

15 and I believe he put that on the record the other day.

16 MAGISTRATE JUDGE SCHROEDER: Well, but I had told

17 Mr. Buczek that if he was going to file things, they would have to

18 be filed in the Clerk's Office when he was representing himself.

19 MR. BURGASSER: Right. These were not filed there

20 though.

21 MAGISTRATE JUDGE SCHROEDER: I know, but to make a

22 statement that he did something wrong by contacting the Clerk's

23 Office --

24 MR. BURGASSER: No, I'm following through on the thought

25 about these documents where I know he contacted the Court as

 17

1 well and was under the impression --

2 MAGISTRATE JUDGE SCHROEDER: About whether he could

3 communicate -- whether he could communicate with the Department of

4 Treasury and the Department of Commerce.

5 MR. BURGASSER: But if, in fact, he was going to contact

6 the Internal Revenue Service, he needed to submit the document at

7 least two days beforehand to Pretrial Services.

8 MAGISTRATE JUDGE SCHROEDER: The IRS is part of the

9 Department of Treasury.

10 MR. BURGASSER: Right, and he did contact them.

11 MAGISTRATE JUDGE SCHROEDER: And I had told him if he had

12 something involving his tax account, his tax situation, I said as

13 a citizen of the United States and under the First Amendment, he

14 was free to contact the Department of Treasury.

15 MR. BURGASSER: Correct, but these documents do not deal

16 with his --

17 MAGISTRATE JUDGE SCHROEDER: I understand that, and I

18 pointed that out at our last session.

19 MR. BURGASSER: You did, Your Honor. And, you know, I

20 hear what the Court has to say.

21 It's the Government's position I believe the documents

22 speak for themselves. We're relying on the presumption as to some

23 of the counts.

24 As far as him going to Ms. Pavor's office, that's not

25 part of the order and conditions of release. And if I'm

 18

1 incorrect, I'm sure the Court would be more familiar with it than

2 I am, as would Mr. Kawski, but in reviewing the record, I did not

3 see that.

4 The other conditions all fall in reference to the direct

5 orders that were made by the Court. Count 1, you know, dealing

6 with his attempt to file these liens; you know, the second one,

7 again, dealing with 401.3; the third one being the attempted

8 threat or attempted intimidation, which I prefer to phrase it as

9 opposed to actual intimidation; the filing is Count 4; 5 is the

10 subject should not communicate with any government agency unless

11 filed through the District Court's Clerk's Office -- this was not

12 filed through the District Court's Clerk's Office; and 6, the

13 nature of his home confinement, which in this instance does not

14 fall within the purview of the order.

15 MAGISTRATE JUDGE SCHROEDER: But all of those were in the

16 context of involving the three indictments. I had no authority --

17 I don't think any -- I don't think a district judge would have

18 authority to enjoin a citizen of the United States from seeking

19 redress from any branch of government so long as it's done in a

20 peaceful way or a lawful way or to communicate with

21 representatives of his government about problems he is having with

22 his taxes or with his personal life.

23 MR. BURGASSER: But the Court in a very restrained way --

24 MAGISTRATE JUDGE SCHROEDER: My orders were all in the

25 context of filings as they related to the three indictments.

 19

1 MR. BURGASSER: But the Court in a very restrained way

2 told him how he needed to contact government agencies, and the

3 fact it had to be reviewed by Pretrial Services and that it had to

4 be filed through the District Court's Clerk's Office.

5 MAGISTRATE JUDGE SCHROEDER: But he did, and then he

6 contacted the Clerk's Office, and the Clerk's Office said you

7 better clear that with Judge Schroeder's chambers, and then he

8 called my chambers.

9 He went through that process, and now the Government's

10 saying he should never have done that.

11 MR. BURGASSER: He did not file with the District Court's

12 Clerk's Office and he did not contact Mr. Kawski.

13 MAGISTRATE JUDGE SCHROEDER: No, I said he -- I'm going

14 to get to that one because that's another burr that is under the

15 saddle for the moment.

16 He contacted Jean Marie McCarthy in the Clerk's Office,

17 he called her about what he could do with some of these documents.

18 She told him she could not give him an answer, that he should

19 contact my chambers. He contacted my chambers and talked to my

20 deputy clerk.

21 The message was conveyed to me that Mr. Buczek had

22 requested permission to file certain documents involving his taxes

23 with the Department of the Treasury, and also some documents

24 regarding something -- I thought it was something to do with

25 business affairs, Department of Commerce.

 20

1 I said as far as I'm concerned, he's a citizen of the

2 United States, he has First Amendment rights, if that's what it

3 relates to, he has every right to do that. It has nothing to do

4 with the three indictments.

5 Now, admittedly, as I myself pointed out at the last

6 appearance, some of those documents seem to not be in the format

7 or in the subject matter as I thought they were going to be when I

8 gave that permission; they do seem to reflect or have some bearing

9 or some relationship to the three indictments, and so perhaps in

10 that context Mr. Buczek did cross the line.

11 But other than that, I never said he couldn't contact

12 anybody in the Clerk's Office or that he couldn't contact a

13 government agency about issues that were in no way related to the

14 three indictments. I don't think I had the power to do that, so

15 long as he was doing it in a lawful manner.

16 MR. BURGASSER: Your Honor, not to, you know, redress

17 actually what you said as far as whether you had the power to or

18 not, but on page 3 of 4 --

19 MAGISTRATE JUDGE SCHROEDER: Well, the power of

20 essentially the Constitution of the United States guarantees

21 citizens the right to redress their government, as well as the

22 right to express their views under the First Amendment.

23 MR. BURGASSER: And I believe that's why in the amended

24 court order setting conditions of release, which is Exhibit C,

25 double C, it actually did say the defendant not have any

 21

1 communication in any form with any government agencies.

2 MAGISTRATE JUDGE SCHROEDER: In the context of these

3 three indictments. Mr. Bruce was all upset about how he was

4 communicating terrible things as it related to the three

5 indictments.

6 MR. BURGASSER: But also when we go to the order adding a

7 condition of release, again, I didn't think the Court was being

8 very fair both to the Government, as well as to Shane, by setting

9 up a way that he could contact even the Internal Revenue Service

10 or the Treasury Department, but it had to do with a specific

11 format.

12 And in one sense if there was going to be a telephone

13 call or some other form of contact, there needed to be one day

14 notice; if it's going to be something written or something that

15 was going to be filed or mailed to them, there was supposed to be

16 two day notice so it could be reviewed by Pretrial. If Pretrial

17 agreed with it, it could go; if not, it could be brought to the

18 Court and the Court would make a ruling on it.

19 And, obviously, that didn't occur in this case.

20 MAGISTRATE JUDGE SCHROEDER: All right. Now, let me

21 address the other issue with respect to Pretrial Services. I,

22 quite frankly, am -- I won't even say somewhat. I, quite frankly,

23 am disturbed about the way this whole thing generated.

24 We have a simple alleged bail violation. If Mr. Bruce

25 really was concerned about the bail violation, as we do in

 22

1 practically all cases, the Government merely needs to file a

2 motion with an affidavit saying we believe that the defendant is

3 in violation of terms and conditions of bail and we're moving to

4 have his bail revoked.

5 I have some real serious problems with Mr. Bruce

6 unilaterally communicating with the Pretrial Services Unit of the

7 United States Probation Office, which is there to serve the Court,

8 not the U.S. Attorney's Office, having these conversations.

9 And I'm not sure what it is Mr. Bruce told Mr. Kawski,

10 but I will say to you in all candor that I am of the opinion that

11 Mr. Bruce may have even mislead Mr. Kawski as to the seriousness

12 of this violation or the content of what these documents were that

13 constituted a violation to the point that he got Mr. Kawski to

14 request an arrest warrant.

15 And then Mr. Bruce doesn't go to me, he doesn't go to

16 Judge Skretny, he ends up in front of the chief judge of the

17 district and gets that arrest warrant.

18 In the past, in much more serious cases, including

19 serious drug cases, people have been brought in on a summons when

20 there's a claim of a bail violation.

21 And when I look at the totality of the circumstances in

22 these three indictments, I am rapidly coming to the conclusion --

23 without making a formal legal finding -- that Mr. Bruce is bent on

24 a path of vindictiveness and retaliation against this defendant.

25 He reminds me -- and my memory doesn't serve me well

 23

1 enough to pull up the name -- but he is the inspector from

2 Les Miserables who would spend 20 years chasing the man who stole

3 a loaf of bread because he was starving.

4 Doesn't the United States Attorney's Office have more

5 important things to do? Crime running rampant out there, young

6 kids blowing their heads off every day, the drug scene out there

7 just outrageous, innocent people can't even drive down the streets

8 without being shot at, and here we're spending this time on this

9 ridiculous nonsense.

10 MR. BURGASSER: Your Honor, just one thing as to what you

11 said. It's my understanding -- and this is hearsay from

12 Mr. Bruce -- he advised me that he did contact your chambers and

13 was told that there were no matters pending before --

14 MAGISTRATE JUDGE SCHROEDER: There weren't. All my

15 motions had been decided.

16 MR. BURGASSER: And they were told they should go to the

17 district court. It's my understanding, from Mr. Bruce again, that

18 Judge Skretny was not available -- I don't know if Judge Skretny

19 was available or not available, but that's how it ended up in

20 front of Judge Arcara.

21 MAGISTRATE JUDGE SCHROEDER: Oh, I know that. My point

22 is why didn't he just file a motion saying it's the Government's

23 position that Mr. Buczek is in violation of bail, we're moving to

24 have his bail revoked, instead of going and getting Mr. Kawski

25 involved, getting the Probation Office involved and getting an

 24

1 arrest warrant? We could have brought this all here on the

2 motion.

3 MR. BURGASSER: Your Honor, obviously, I don't have an

4 answer for that. I wasn't involved there --

5 MAGISTRATE JUDGE SCHROEDER: I know you weren't.

6 MR. BURGASSER: -- I was asked by Ms. Mehltretter and

7 Mr. Bruce to come and handle the revocation. Again, I'll carry

8 that concern back.

9 MAGISTRATE JUDGE SCHROEDER: I am afraid it won't do any

10 good.

11 MR. BURGASSER: Well, I'll still carry that concern back.

12 MAGISTRATE JUDGE SCHROEDER: No, I understand because

13 what happened after the last alleged bail violation is Mr. Bruce

14 ran to a grand jury and we have one of the indictments charging --

15 which is another unheard of thing in this district, going to a

16 grand jury on a bail violation of this nature.

17 MR. BURGASSER: Your Honor, as I said at the beginning,

18 you know, we're looking at one defendant. I think, again, on

19 behalf of the Internal Revenue Service that are our office is

20 representing, that this has been an ongoing problem.

21 I believe that I have the agent here who, if you would

22 like to speak to her, put her under oath, she would be willing to

23 address the reasons behind Mr. Buczek, the amounts of paperwork

24 and liens and other documents --

25 MAGISTRATE JUDGE SCHROEDER: If that same effort would be

 25

1 utilized to go after the millionaires in this country who dodge

2 our taxes, who have hidden accounts in Switzerland, who have all

3 kinds of underground income, we wouldn't have the deficits we

4 have.

5 MR. BURGASSER: Well, I believe they're attempting to do

6 the Swiss bank accounts.

7 MAGISTRATE JUDGE SCHROEDER: Well, they seem to be taking

8 an awful long time to even get the ball rolling. So don't tell me

9 about them spending a lot of time and hours on this kind of a

10 case.

11 MR. BURGASSER: Well, the amount of documents that are

12 filed by this group, sovereign citizens --

13 MAGISTRATE JUDGE SCHROEDER: That's something different.

14 We're dealing with an individual, Mr. Buczek.

15 This is an organization that's in existence throughout

16 the United States. If the IRS has concerns about a national

17 organization, they certainly have the tools and the manpower and

18 the muscle in Washington, D.C. to do what needs to be done, but

19 not picking on one individual in Buffalo, New York is going to

20 resolve the problems with this national organization, and to say

21 otherwise would be an insult to my intelligence.

22 MR. BURGASSER: I won't insult your intelligence, Your

23 Honor, but we are concerned --

24 MAGISTRATE JUDGE SCHROEDER: So no one gets the wrong

25 idea that I'm some left-wing liberal who has gone amuck, as you
 26

1 well know, I worked in the Department of Justice, I was the United

2 States Attorney for the Western District of New York, I do know

3 how government works and I know what government is about and I

4 know what government's obligations are to serve the people.

5 MR. BURGASSER: I'm not arguing that point to the Court,

6 Your Honor.

7 All I'm saying is that the IRS is an agency that we

8 represent, there's a concern about Mr. Buczek, there's a concern

9 about the filings that have been made.

10 MAGISTRATE JUDGE SCHROEDER: I didn't realize they were

11 so fragile.

12 MR. BURGASSER: As far as what Mr. Bruce might be

13 thinking or what Mr. Bruce is doing, this is Mr. Bruce's case.

14 MAGISTRATE JUDGE SCHROEDER: I know. I'm not holding you

15 responsible for anything that Mr. Bruce did.

16 MR. BURGASSER: You know, looking on the face of the

17 paper, there's obviously, you know, in this AUSA's opinion,

18 there's a violation.

19 MAGISTRATE JUDGE SCHROEDER: All right. I understand.

20 Mr. Comerford, do you feel the need to say anything?

21 MR. COMERFORD: Judge, I was prepared to. But I will be

22 asking that bail be continued on the same conditions. If the

23 Court doesn't need to hear anymore, I won't take up more of the

24 Court's time.

25 MAGISTRATE JUDGE SCHROEDER: All right, I think that's a

 27

1 wise decision.

2 I'm not going to revoke the bail, but I am going to add

3 or modify existing conditions. Mr. Buczek, from here on in you

4 are not to communicate in any way with any government agency, or

5 government body, or government entity, or government

6 representative -- be it federal, state or local.

7 That if you feel that you need to communicate or send

8 some form of message or information or communication to any

9 governmental body, agency, representative -- be it federal, state

10 or local -- you must present that to your attorney Mr. Comerford,

11 and Mr. Comerford is authorized to exercise his legal training and

12 authority to determine whether that is the type of communication

13 that should be communicated to whomever you think it should be

14 communicated.

15 But that if Mr. Comerford, as an officer of the court in

16 keeping with his ethical obligations, were to -- is to determine

17 that it is not something that has sufficient merit to warrant

18 passing on or communicating on to whomever you wish to communicate

19 with, he is empowered and authorized by me to reject forwarding

20 that on.

21 Do you understand that?

22 THE DEFENDANT: Yes, Judge.

23 MAGISTRATE JUDGE SCHROEDER: All right. So there is now

24 no requirement for you to have to do anything other than talk to

25 your attorney.
 28

1 Do you understand?

2 THE DEFENDANT: Yes, Judge.

3 MAGISTRATE JUDGE SCHROEDER: You are not to call the

4 Clerk's Office, you are not to call my chambers, you are not to

5 call the U.S. Attorney's Office, you are not to call anybody other

6 than your attorney. Or if you are directed to call to report on

7 whatever reporting basis the Probation Office says, then obviously

8 you must obey that.

9 Otherwise, no communications by you, directly or

10 indirectly, other than with your attorney with any government

11 agency, entity, or representative.

12 THE DEFENDANT: What about Probation?

13 MAGISTRATE JUDGE SCHROEDER: Other than what Probation

14 tells you you must do. Obviously, if Probation tells you you are

15 to call every Monday or every Thursday or whatever it is they tell

16 you to do, then you obey that.

17 But if Probation has not told you to do something, you

18 are not to be calling to Probation. If there's something you

19 think needs to be brought to Probation's attention, you do it

20 through your attorney Mr. Comerford.

21 Do you understand?

22 THE DEFENDANT: Yes, Judge.

23 MAGISTRATE JUDGE SCHROEDER: All right. Now, he is on

24 EMS home confinement?

25 MR. COMERFORD: Yes, 24-hour lock down.

 29

1 MAGISTRATE JUDGE SCHROEDER: That will continue. You

2 will stay at your home.

3 THE DEFENDANT: Yes, Judge.

4 MAGISTRATE JUDGE SCHROEDER: If you need to communicate

5 on legal matters, you can do that with your attorney

6 Mr. Comerford.

7 Do you understand?

8 THE DEFENDANT: Yes, Judge.

9 MAGISTRATE JUDGE SCHROEDER: Okay.

10 MR. COMERFORD: He can come into my office to do so,

11 Judge?

12 MAGISTRATE JUDGE SCHROEDER: If there is to be an

13 attorney conferencing, he must make that known to the

14 Probation Office first.

15 You must advise the Probation Office the date and the

16 time for the legal counsel conference, and the Probation Office

17 will then set parameters for when you can leave the home to give

18 you sufficient travel time to Mr. Comerford's office and when you

19 must be back in your home.

20 Do you understand?

21 THE DEFENDANT: Yes, Judge.

22 MAGISTRATE JUDGE SCHROEDER: And that approval must first

23 be obtained before you even step one foot out the door.

24 Do you understand?

25 THE DEFENDANT: Yes, Judge.

 30

1 MR. BURGASSER: Your Honor, so the Government's clear,

2 the Court finds that there was a violation but, in fact, instead

3 of revoking bail is modifying the conditions of bail, having found

4 that there are conditions or combination of conditions that would

5 allow his release?

6 MAGISTRATE JUDGE SCHROEDER: No. I'm finding that I'm

7 not satisfied that there was a violation that arose to the level

8 of an intentional one based on my discussions with Mr. Buczek,

9 having heard Mr. Buczek and having, once again, heard his

10 thinkings, his thought processes, items that have previously

11 caused this Court to conclude sua sponte that there should be a

12 psychological evaluation, when I consider all those circumstances

13 and history, I am not about to find that there was a violation

14 intentionally caused by the filing of these documents, which I

15 will once again describe -- and I don't mean this in an insulting

16 way to you, Mr. Buczek, I mean it so that somebody who reads this

17 record will understand why I, as the Court, am somewhat

18 exasperated with the expenditure of time that has been utilized --

19 when anybody with an ounce of sense would look at this material

20 that was filed and say it's a bunch of nonsense, it's a bunch of

21 gibberish and it's not about to bring down the Government of the

22 United States.

23 That's my finding.

24 MR. BURGASSER: Your Honor, I have been requested by my

25 office that if he was to be released, we would be requesting a

 31

1 stay to appeal it to the district court judge.

2 MAGISTRATE JUDGE SCHROEDER: I'm not going to grant the

3 stay. That's denied. He's in home confinement. It's not like

4 he's going to flee.

5 Anything else?

6 MR. COMERFORD: No, Your Honor.

7 MAGISTRATE JUDGE SCHROEDER: Thank you.

8 MR. BURGASSER: Thank you, Judge.

9 (WHEREUPON, the proceedings adjourned at 2:47 p.m.)

10 * * *

11 CERTIFICATE OF TRANSCRIBER

12

13 I certify that the foregoing is a correct transcript to the

14 best of my ability from the official electronic sound recording of

15 the proceedings in the above-entitled matter.

16

17 S/ Christi A. Macri

18 Christi A. Macri, FAPR-RMR-CRR-CRI

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