Case 1:01-cr-00571-JGK Document 324 Filed 11/09/16

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

VIERTEL,
Petitioner,
08-cv-7512 (JGK)
Ol-cr-571

- against UNITED STATES OF AMERICA,

ORDER

Respondent.

JOHN G. KOELTL, District Judge:

The Court has received the attached letter from Aldo
Funaro, the counsel for the petitioner. The letter was
originally addressed to the Clerk of the Court, but was then
forwarded to the Court for consideration of the petitioner's
claim for "prejudicial extra-jurisdictional docket correction of
false entries" in Dkt. 01-cr-571.
The petitioner's claim is meritless. There are no records
of the Court to correct. The records indicate that,

in Dkt. 01-

cr-571, an indictment was filed under seal on June 14, 2001, and
that it was unsealed on June 19, 2001. There is no basis to
alter any records because the records are correct. The Court has
already rejected similar claims from the petitioner as
meritless. See, e.g., United States v. Viertel, No. 08-cv-7512
(JGK), 2009 WL 22863, at *7

(S. D.N. Y. Jan. 5, 2009).

Case 1:01-cr-00571-JGK Document 324 Filed 11/09/16 Page 2 of 7

Accordingly, there is no basis for any action by the Court

or the Court staff.
SO ORDERED.
Dated:

New York, New York

November 7, 2016
United States District Judge

Case 1:01-cr-00571-JGK Document 324 Filed 11/09/16 Page 3 of 7

ALDO FUNARO*

RECEIVE.O

AVOCAT ALACOUR D'APPEL DE PARIS

MAiTRE EN DROIT (1962)
DIPLOME DEL'INSTITUT D'ETUDE POLITIQUE DE PARIS (1961)

SONY onct<ET !J~'.IT

To:

2016 NOV - I PH 12: lilt

NYSD Clerk of Court, Ruby J. Krajick,
NYSD District Executive Officer, Edward Anthony Friedland, Esq.
500 Pearl Street, NYC 10007
26. Oct.2016 af/hk
Dear Clerk Krajick, Dr. Friedland,
1 am of counsel to Mr Christian Viertel, who acts pro se in judicial proceedings and on whose behalf the instant
administrative CORRECTION request is made.
At issue are unauthorized and unlawful docketing activity by Docket and Docket Text tampering and
facts ofNYSD staff doctoring dates backwards to 6/14/2001, an ongoing criminal and concealment enterprise
which caused gravest prejudice and harm in a court procedure.
Upon your advice that Court rules require such, Mr Viertel would prompty file a submission for review and for
correction of certain pre-OPEN-DOCKET errors and/or improprieties foremost during the ~-inaugural,J!!:!:
opening phase of what evolved into a criminal proceeding 01-cr-571. This administrative request is of utmost
importance to assist in the timely resolution, a long overdue issue to finally be rectified and for the
establishment of the Rule of Law and Public Record.
AOUSC Washington staff advised a priori a) that falsely docketed orb) retroactively mis-docketed [here: preopening events] are incompatible with procedure, are prejudicial, violate due process of law and must be
stricken and/or corrected once brought to the attention of Court Administration.
This is hereby stated as claim for "prejudicial extra-jurisdictional docket correction of false entries" upon which
relief must be granted.
To assist this Court's administration in this correction exercise, we listed factual discrepancies below, and we
recognize that, at this stage, judicial intervention is neither required nor due since the evidence clearly and
incontrovertibly confirms that "judicial officers" were uninvolved, were without jurisdiction prior to
assignment, which occurred after the pre-opening "doctoring" period of instant 01-571. The times and events
preceeding "criminal wheel Assignment" at 09:30h on 6/19/2001, are therefore jurisdiction-free zones in the
sole control and responsibility of Court Administrators.
The Facts are irrefutable:
aJ Jl-571 Pacer Records ENTRY indubitably states that this "CASE" was opened on 6/19/2001 and not earlier,
Court staff confirmed that a "related" "mj"-case/index does not exist

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b) DE#! represents a - evidently - backdated entry (entered by "jm" on 6/20) that purports to a "Filing" [without
a Case/MJ-lndex Number] on 6/14, for which no record exists in the Court, its "Docket Activity Report", and
no Judge was identified and no reporter tape can be found, despite the fact that tapes for 6/14/2001 are
complete.

Date Filed

Docket Text

06/14/2001

1 SEALED INDICTMENT as to Sealed Defendant l (1) count(s) l, 2, 3,

Sealed Defendant 2 (2) count(s) 1, 2, 3, Sealed Defendant 3 (3) count(s) l,
2, 3 (jm) (Entered: 06/20/2001)

06/19/2001

2 ORDER as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant

3, Unsealing Indictment (Signed by Magistrate Judge Henry B. Pitman);
Copies mailed. (jm) (Entered: 06/20/2001)

06/19/2001

Indictment unsealed as to Sealed Defendant l, Sealed Defendant 2. Sealed

Defendant 3 (jm) (Entered: 06/20/2001)

06:-...-.. . .

CASE Assigned to Judge John G_ Koeltl (jm) (Entered: 06/2012001)

c) DE#! fails to identify courtroom and Presider, MJ or J, who could have accepted whatever document was
presented or rejected whatever AUSA's - if they were present - submitted to seek LEA VE to SEAL (they did
not), and who was duly empowered, duly assigned and had jurisdiction for a Return-and-Seal-of-Grand-JuryIndictment, was coequally authorized to "SEAL" such document inside a designated - but missing - Court
Envelope for Court custody at Room 270, where the envelope never arrived, as Court staff confirmed. It is
overtly evident from the docket text, that no judicial officer was available, was unidentifiable or was simply not
"on the job". [U.S. Supreme Court's 1984 decision 446 U.S. 147 serves as controlling federal law:
"[p]rocedural requirements established by Congress for gaining access to the federal Courts are not to he
disregarded by courts out of a vague sympathy for particular litigants."]

Case
Number/Title

Dates

category/

Docketed

Event

by

Notes

l:Ol-cr-00571-

!Entered:Oo/20/2001

Category: charge-g

J.Mo!tnelti

Office: Foley

JGK

09:1&:00

Event:lndfetment

Type:srt

Square

USAY.

Fifed: 06/14/2001

Btumenberg,.-et

Presider: John G.

(Sealed)

Document:l

Koeltl

al

'Case Flags: CLOSED

.CASE CLOSED on

CASREF

06/23/200-3

ECF
SEALEDlNDICTMENTas to Seared Defendantl

fl} count(s} 1, 2, 3, Sealed Defendant

:212) ccunt(s)1, 2, 3, Sealed Defendant3 (3) count(s) 1, 2, 3 (im)

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Case 1:01-cr-00571-JGK Document 324 Filed 11/09/16 Page 5 of 7

d) DE#l related Court Records were not found by your Court staff or Reporters that could credibly
demonstrate a related Calendar/Proceeding in an open NYSD Courtroom on 6/14/2001.

Louout

e) Sealed Records Management ultimately advised last week that no "SEALED ENVELOPE" was placed in
"VAULT" on 6/14/2001 neither in a non-Indexed or Indexed case. None whatsoever on that day and affirmed
that non-Indexed "Sealed Enevelopes" are routinely rejected for storage in the Vault.
f) Sealed Records Management confirmed that no "SEALED ENVELOPE" was placed in "VAULT" the day

after, 6/ 15/2001.
g) pursuant to the above lack of factual events, less credence and missing "SEAL" records, DE#2 , dated
6/1912001, which purports to be an order (per Docket Text "jm") by an unassigned Mag. Judge [Pitman], to
"unseal" an envelope that did not exists and was therefore not stored or "unsealable" in the "VAULT", renders
the DE [see below] highly dubious if not plainly counterfeit, not only in view of the extra-judiciary, extraordinary label MJ Pitman crafted (INDICTMENT), autographed and rubberstamped on date 6119/200 I without
any whatsoever judicial assignment in 0 l-cr-571, that the COURT should not have docketed but rejected
immediate! y in the morning of 6/ 19/2001.
f) DE#2 text entry also purports to report, inter alia, that a "mailing" occurred, for which no trace exists and

consignees are incognito and were not even on Pacer for another 24-hours. Consequently, text entry "Copies
mailed. (jm)" is held to be equally fraudulent and must be stricken.

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h) the "jm" unnumbered entry underneath DE#2 [since removed from Pacer] shown here [by wayback-data
display], that an "Indictment", that was clearly never held in the Court vault, was removed from the vault to be
"unsealed", is another fraudulent Court clerk entry. USA and JGK have been unable to produce paperwork that
could match the Court staffer's (jm) description.
i) it is equally important to now receive an official Court Administration advisory on a) which date NYSD Clerk
"named" Melanie L. Lopes was duly deputized as a Deputy Clerk, b) what her total period of employment was
at NYSD and whether she was terminated, and c) why Clerk Lopez, if a real living clerk, had not been assigned
the official x_xx@nysd.uscourts.gov email address all staffers receive. Here, Court's IT department staff was
helpful but unable to locate a Lopez-email on a data-dump. Furthermore, since a "Melanie L.Lopez" rubber
autograph stamp was applied to several related Court documents (microfilmed), the demand is expanded as to
identification of the Court custodian of these rubberstamp(s).
A CERTIFIED COPY
J. MiCHAEL McMAHON,
BY

CLERK

rw-:. .:t. . /or:rDEPUT'{WRK

As consequence of these irrefutable evidentiary circumstances, NYSD's Administration are hereby placed under
demand to a) effect swift correction of the public RECORD, b) strike pre-opening (6/19/2001) entries and
advise all parties and public of the administrative action taken to fully satisfy this demand. Upon failure to
administer the corrections of the public record within 10 days, latest by Nov 05, 2016, be held liable for such
failure, for delay and for its consequences in due course.
You may contact (914)-352-1839 for information, or may respond directly to Mr. Viertel or me.
I remain, sincerely

M. Aldo Funaro

Copy: FBA, UIAnet.org

Mail: 9858 GLADES ROAD, SUITE D-3 #239, BOCA RATON, FL 33434 PB
33, CHEMIN DES PETIT PLAN 06800 CAGNES SUR MER - FRANCE a+33 4 92 08 10 83)
ral funaro.juris@fondapio.org

DE#2 visual print from file 8977431 on page 5:

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Case 1:01-cr-00571-JGK Document 324 Filed 11/09/16 Page 7 of 7

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
- v. -

FRITZ G. BLUMENBERG,
JOHN C. LEE, and
CHRISTIAN T. VIERTEL,
Defendants.

the Grand Jury on June 14, 2001, and, upon application of the
Government, was ordered to be filed under seal;
WHEREAS, the defendants BLUMENBERG and LEE were
arrested on June 19, 2001, and will be presented before a
Magistrate Judge on the same date; and
WHEREAS the Government has requested that the abovecaptioned indictment be unsealed;
IT IS HEREBY ORDERED that the indictment in United
States v. Fritz Blumeqbe:rg. et al., 01 Cr. 571, be unsealed.

~ated:

':S

New York, New York

June 19, 2001

81
il

..l

0 R D E R E D:

HZ.~B.~~
united States Magistrate Judge
Southern District of New York

HENRY PITMAN

Unlfad Slates Matfstme lad!

Sout!tem District of llew York l'I

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