Prof Christian Viertel

e
M Aldo Funaro, of Counsel
IDTDG.U - Suite D-3#239
9858 Glades Rd Boca Raton, FL 33434
914-352-1839 - viertel2020@aol.com

U.S.-DOJ OPR
Dr. Jur Robin C. Ashton, Counsel,
950 Pennsylvania Ave, NW, Suite 3529
Washington, DC 20530-0001 Dec 30, 2016 PcV/kio
OPR.Complaints@usdoj.gov

Postscriptum to original OPR Complaint of egregious, serial

prosecutorial misconduct dated May-30-2016:

Since filing of OPR complaint referenced above,

additional facts to require charges of prosecutorial
misconduct have been obtained, and, while the investigation
continues beyond the current Power Transition process of
government and DOJ leadership, the undersigned hereby
respectfully submit this Postscriptum of accusations (not
allegations) that shall be considered in conjunction with
the OPR Complaint May 2016.
References intra relate back to the Original OPR Complaint.

Za) To wit: veritable discrepancy arises from the false

FUGITVE classification willfully caused by USANYS/FBI
agents on 6/15/2001 (via FBI Priority Mails1 flatly
contradicted by Court records, those few uncorrupted
docket entries and AO257 [US-A-Whites, intra] all of
which uniformly evidenced absence of FLIGHT-status by all

1
which can`t be made unseen

1
 three targets who were falsely arrested 6/19/01 at their
homes [See J& Snapshots 4 & 6 of OPR Complaint2].

DOJ-officials heinousness transmogrified would-be-

criminals into de-facto violators, miscreants who knew that
real, not fake FUGITIVE labels [judicially granted] are
extremely difficult to procure versus select groups who
Congress chose to benefit from additional shields under the
often disrespected - Presumption of Innocence clause,
by requiring each and every DOJ operatives to apply for and
HOLD STILL, until written pre-approval was directly
obtained from the Attorney General of the United States,
Hon. Ashcroft here, for any subpoena, {Grand Jury} indict
and arrest of a member of the news media or, lacking such
written AG approval, totally abstain from enforcement
action [See https://www.law.cornell.edu/cfr/text/28/50.10]

NOTE: Prosecutors-in-spe must obtain new AG

authority for each superseder, regardless of whether
the original INDICTMENT was valid or invalid for
irregularity, Grand Jury deception or Court rubber
stamp tampering by the USANYS3

2
Whereby Snapshot 6, as evidenced by FBI priority mail from Florida
dated 6/21/2001, that [Complainant] Viertel was falsely arrested as
Fugitive on 6/19/2001 apparently without authority of the AG, a
pre-condition that must be indicated if applicable to the arrest of a
member of the news media, in fact USAFLS confirmed that proof of AG
authority obtained by the requesting agency is pertinent element.
3
U.S. Attorneys Resources U.S. Attorneys' Manual Criminal
Resource Manual CRM 500-999 Criminal Resource Manual 601-699

655. Statute of Limitations and Defective Indictments -- Superseding Indictments__If an

indictment is dismissed because of legal defect or grand jury irregularity, the government may
return a new indictment within six months of the date of dismissal or within the original
limitation period (whichever is later). After the original limitation period has expired, a
superseding indictment may narrow, but not broaden, the charges made in the original

2
 Zb) To wit: For Blumenberg and Complainant, two
undisputable members of the public press/news/media,
this putrid and rogue DOJ-FUGITIVE-label metastazid
into a major statutory DOJ-violation of CFR section 28
50.10 [P]olicy regarding obtaining information from,
or records of, members of the news media; and
regarding questioning, arresting, or charging members
of the news media, misconduct omissions that corrupted
all further proceedings in addition to the blatantly
prejudicial, violative, perjurious label, that to
keep in perspective was misbranded upon the targets
with extra-constitutional turpitude to attempt to
prolong the statutory 5-year limitations period that
time-barred USANYSs [rigged] 371 overt acts on
6/18/2001 midnight.
Evidently, as was declared in first part OPR
complaint, the prosecutors fake FUGITIVE branding
was deemed too weak and way too outlandish which, in
turn, caused prosecutors new scheme to extort a
backdating confederacy as if MJ Dolinger had
accepted presentment and had filed, unlawfully, an
incomplete DOJ draft indictment on 6/14/2001 without
presence of Grand-Jury-Foremans oath and AO 190,
elements that coulda-woulda convinced Dolinger to
stuff incomplete pamphlets into a designated to-be-
sealed, in-Court-house manila envelope, which, in
fact, never was, neither stuffed, sealed nor log-
entry-booked by NYSDs SEALED RECORDS staff [despite

indictment. See 18 U.S.C. 3288-3289; United States v. Miller, 471 U.S. 130 (1985); United
States v. Grady, 544 F.2d 598 (2d Cir. 1976). [cited in USAM 9-18.000]

3
 Koeltls latest wishful contentions4 spawn without a
shred of evidence and against all documented proof].

A Southern cesspool of iniquity, or not?

In fact, pursuant to Courthouse staff, Dolinger was

considered a non-corruptible straight shooter, known to
block and derail DOJ jury-rigging and force due process,
and, Dolinger would not sign-off on bogus Warrants, ergo:
Dolingers autograph [while anticipated by A/W-drafter AUSA
Mark Harris], never turned up, never vested [see Snapshot
5]. As such, DOJs conundrum was reportedly that
Henry Pitman {our neutered Pit-bull [sic]}, was home,
off-duty on 6/14/2001, U.S. Flag day, and unavailable to
the USANYS to execute misconduct and other misdeeds.
Hon. M.K. Dolinger signeth naught on 6/14/2001, or ever.

Zc) To Wit: then USAs White and later Comey, others

known and unknown, willfully and knowingly did combine,
conspire, confederate, and agree together and with each
other at various times to commit offenses against the
United States, its Federal Courts, judiciary and court
officers, USPO and support staff and against Complainant5 in
violation of the Constitution, and to wit, 18 USC 1001, 28
CFR 50 et al, inter alia, knowingly neglected their
official duty by willful failure to timely pre-petition for
AG approval or denial in anticipation of planned
prosecutorial beyond ultra-last-minute time-barred acts to

4
Earlier this month, separate Court insiders confirmed to
counsel, that, unsurprisingly, JGKs unsolicited auto-order, dated
9/11/2016 was mocked as yet one more judicial falsification [this
one under pressures from the Courts admin toppers], howbeit
inexcusably.
5
& the late Blumenberg

4
which they were not empowered by statute. Thus, seriatim
and deliberate failure to win timely approval/denial from
AG Ashcroft to allow proceedings against Blumenberg and
Viertel, in view of Whites premonition that AG Ashcroft
would have played hard ball (reportedly), particularly on
the FUGITIVE ruse6, which by itself one of the most
prejudicial, unconstitutional and punitive labels around -
rendered all further process and later adjudications null
and void ab initio. [Lee alone pocketed USA Comeys nolle
prosequi in 2002 thanks to Richard Zabel, his dear defense
counsel].

It was well known that Blumenberg and Viertel7 were

decade long news media professionals since 1970 and
continuing their media-status beyond June 2001, when
USANYSs just-too-late accusations were confederated and
AUSA Harris counterfeit three arrests-warrants8, despite
lack of AGs written authority to arrest journalists.
Zd) Furthermore, above officials later extorted from
the Courts Probation Department deceptive omissions of
requisite statements of facts [AOUSC Pub. 105 -

6
which was outlandish and fallacious that Ashcroft, sources
confirmed, would have resoundingly denied Whites transgression
7
2001 pre-arrest FBI records show that Viertels lawful presence in
the United States was known to be pursuant to I-Visa classification,
reserved for Members of the Foreign Media and dependents. Coequally,
this pertinent fact was known and recorded during 6/19/2001 Palm
Beach Pre-Trial-Services review before arraignment during which MJ
Ann Vitunac was unable to locate Index & Indictment on SDNY Pacer.

8
two fake A/W were subsequently destroyed on 6/19/2001 by FBI/USAO
and USM staff to not leave incriminating evidence for Koeltls
Arraignment documents of Blumenberg and Lee; FBI agents had
unlawfully transported both chained - across NY State lines for
arraignment on the basis of self-surrender; Viertels pseudo-
warrant was saved from destruction, see intra OPR complaint

5
NCJRS.gov] that [i.e.] a Grand Jury returned an Indictment
on date <blank>, but since PO obtained routine
investigative knowledge from public and non-public Court
records, saw discrepancies and omissions, they were forced
to drop mention of undue process and of blatant DOJ
deception altogether violating the Rule of Law federal PO
departments are bound to follow. DOJ routinely promises
immunity from prosecution for tampering to collaborating
POs.
Several known and unknown DOJ operatives including AUSA
Marcia S. Cohen repeatedly (shaking the tree harder)
caused forbidden interferences, proffered deceptions and
forced manipulations of PSIR Court Operations who are
mandated to independently assess even for unworthy
aliens - simple facts and never to twist or contort PSIRs
for any government party or for victims, and certainly not
to profit the dastardly Banana-Republic-operations by the
USANYS (in fact, per ex-PO staffers, DOJ-agents routinely
and abusively interfere under color of law while most PO
staffers are left utter defenseless against unrelenting DOJ
attacks to obstruct facts and obstruct justice, more so,
because Court hierarchy has prosecutorial background and is
silently condoning DOJ transgressions).
In 01-571, specifically, PO Frankelis [PO1] was coerced
to halt peeling back the onion [quote] of due process
irregularities and was pushed, not only, to cover up a
fatally corrupted Indictment timeline uncovered in non-
public records during his review. DOJ-agents caused him to
violate his duty to state true facts, because, if PO1 had
followed moral, law and Court rules, and he did not, he
would have intrinsically invalidated a abusive plea,
ruined a jury-convictions and killed two enhanced
sentencing on grounds of rigged time-lines, fraud, the
Case Open date 6/19/2001 [and impermissible bogus -

6
backwards entries to 6/14/2001], when INDEX# Case was
inexistent and not-yet-opened], jury-rigging, false date
stamps, missing AO 190, false entries, Pitmans Kafkaesque
DE#2 and time-barred overt acts, none of the elements,
once exposed dis-advantageous to Pos [other than DOJ-
retaliation], but existentially crucial to DOJs
unconstitutional zeal to win at all cost. Here, another
cost was the reputational damages of throwing the NYSD
Parole Office under the bus.
Thus, PO1 caused Case Opening and Filing of Original
Indictment dates to be disguised on PSIRs and replaced
the red herring, deceptively, with Superseder data,
legally inconsequential and un-relating backwards by law.
Below two excerpts how PO1 dodged the blatant
INDICTMENT fraud of 6/2001 he was well aware of :

And,one more:

7
 Ze) Facts are incontrovertible, that no Court staffer
or officer may legally FILE a document (see DE#1) in a
Case that has not been OPENED,[for such pre-procedures,
Court Rules provide for MJ-cases, which do not exist
here, no Magistrate, no Pitman, no Dolinger, were assigned
in/to 01-571] and these facts PO1 was well aware of to
constitute a constitutional violation, one which DOJ
operatives had imposed upon scofflaw compliant District
Court staff(i.e.clerk jm).
DOJ dysfunction9 metastasized into the third branch of
government, the Judiciary, and does permit, inter alia,
under Administrative Procedure Act, private claims that an
agency failed to take a discrete agency action that it is
required to take.
These assaults on due process are working because
current judicial elites have no willingness, enough morals
or some ideas how to defend it, or pull the sword out of
the stone. That is, except Hon. Alex Kozinski and some.

Because of Grand Jury and Indictment tampering, the

resulting INDICTMENT was a pseudo-bill, like a Potemkin
pamphlet based upon hypothetical jurisdiction [first, the
draft-fax of 6/14/2001, second the draft submitted to FLSD
on 6/19/2001, third, the fabricated Pitman ruse a rushed,
botched creation by USANYS, or fourth, both Jim Comey
Superseders were procedurally barred from relating back
to a backdated June 2001 hoax-bill] and as all fictio non
est ubi veritas, without legal force leaving mock-
plaintiff United States without standing in this Court of
9
NACDL Amicus Curiae Brief CA2:16-1463 on Prosecutorial Misconduct
https://de.scribd.com/document/335270015/AMICUS-BRIEF-NACDL-on-malicious-
prosecution

8
Law. USANYS operatives committed unconstitutional,
fraudulent official acts, misconduct, deception, enterprise
corruption, and obstruction of justice by ongoing
conspiracy, malicious cover-up and aggravated misconduct
offenses under NY Jud. Law 487, in a chronic and extreme
pattern of ill behavior and of legal delinquency [sic] had
coaxed <once more> NYSDs criminal wheel and hustled Koeltl
to usurp jurisdiction which, as a threshold matter, is a
requirement Koeltl misgoverned, despite it being inflexible
and without exception to be allowed to proceed.

It has now become clear and convincing that Koeltl not

only pre-sanctioned Pitmans ruse (DE#2) prior to him
winning the turn of the NYSDs loaded criminal wheel - he
preconditioned a government scheme, as well as demanding a
covert 371 backdating for his punishment enhancement
plans to function. Sources affirmed that JGK confederated
and agreed in convicting and jailing targets on backdated
fiction [and less-honorable preponderance] dependent upon
unassigned no-function-Pitman to help DOJ to counterfeit
DE#2[s fig leaf] that MJ Pitman autographed and
rubberstamped.

Judge Dolinger was uninvolved and considered an un-

American sabotageur, unwilling to scheme for USA and Mary
Jo White10, just as Jefferson said: When injustice becomes
law, resistance becomes duty.

10
For which he deserves a BIG TIP OF THE STETSON

9
 Closing Notes: This 2001 case was backdated, and
based upon a PSEUDO-CHARGE which never resulted in a true
bill filed in open Court by a sworn Grand Jury Foreperson
under oath. There is no reason for OPR to act shocked or
incredulous over evidence of massive criminal energy that
emanated from Manhattans United States Attorney office, as
described and complained about in this and the previous
submission.

Prudent jurists just need to peek EAST over the

Atlantic to glean from HM Queens Privy Councils that
tossed a want-of-jurisdiction appeal by Requestor State
United States- UKPC 0073/2010 instigated by Proxy
Appellant Nassau Prison for Manhattans USAO, in
affirmation of Bahamas Supreme Court adjudication [pursuant
to Magistrate Isaacs order], to wit: that Manhattans USAO
violated a) the good faith requirement, in fact, acted in
bad faith, b) tried to deceive Bahamas Courts with
deceptive submissions, and c) abused judicial process of
the Commonwealth11 and ringing the ugly bell once more.

Fiat ut petitur: Complainant and Counsel submit that

OPR should act up to the challenges in resolving these in-
house schemes, step up tight supervision, establish clearer
misconduct rules and honestly address these too powerful
- officials frauds and swindles in all its ugly detail, as

11
Resulting in a Privileged Advisory to all Jurisdictions that
alerted Judges to unfavorable bad faith priors committed by proxies
for officials of Manhattan USAO during future reviews of United
States [extradition] requests elsewhere in the Commonwealth.

10
learned here, and bring participants to justice without
protecting clandestine moves or, continue blind self-
righteousness or frightened defensiveness, but that would
be inconsistent with a Department that self-labels as
Justice. Such Disgrace to Goddess Iustitia would means
blasphemy.

This week via this Washington Post commentary, LawProf

and former Deputy AG Heymann is making the case for
Rubashkin while calling out the Justice Department's
failure to address these matters. The piece is headlined
"107 former Justice Officials think this case was handled
unjustly. DOJ must act", and,

as per this complaint, intervene swiftly and call out

systemic betrayal of the Nations Rule of Law to start
draining the swamp they allowed to expand.

Respectfully submitted this 30th day of December 2016

Christian Viertel M. Aldo Funaro, of Counsel

-----------------------------------------------------
Copied: diplo.de Botschaft Bundesrepublik Deutschland , Washington; Hon. Chairman
Senator Chuck Grassley, Hon. CJ Alex Kozinski, CA9, by mail.

11