Prof Christian Viertel

Me Aldo Funaro, Of Counsel

IDTDG.U – Postal: Suite D-3#239
9858 Glades Rd Boca Raton, FL 33434
℡ 914-352-1839 – funaro.juris@fondapio.org

U.S.- DOJ OPR

Dr.jur. Corey Amundson, Counsel,
950 Pennsylvania Ave, NW, Suite 3529
Washington, DC 20530-0001 Oct 17, 2018
OPR.Complaints@usdoj.
gov PcV/kio v02/18

Denouncement for cause: inchoate OPR-review of prima

facie glaring misconduct, inter alia, duly recorded at
NYS, FLS, CA2, FBI-C-12-BMQRA, USANYS, USAFLS & BOP

Greetings Counsel Dr. Amundson!

What follows on 130+ pages below is a assemblage
[drawn from Case:01-571] of repulsive prosecutorial
MISCONDUCT, Violations of Constitutional guarantees,
counterfeit document trails, bogus rubberstamps, USAM
contempt, scofflaw acts by government agents hostile
to liberties, properties and aliens, of cover-up acts
squarely within OPR’s professional, jurisdictional, and
administrative gamut, which, grievously contrary to OPR
mission [PAR with steadily declining mores at America’s
Central Authority] was neither properly investigated,
but, with glaring deficiency, dead-ended & consciously
avoided, violating OPR’s Mission, due process while
causing irreparable harm. Main Justice’s Rogues muzzled
DOJ’s long neutered watchdog, which, veteran DOJ’lers
confirm, had been lame from Ostrich Syndrome.
Credible and thorough Correction is now due.

1
 “The one who flees the law confesses his guilt”
(Publilius Syrus, a smart ex-slave, 85-43 BC)

B.Franklin: "Half the truth is often a great lie"

Justice systems must rely upon legitimacy: at DOJ/OPR
legitimacy1 failed, DOMINA IUSTITIA violated, American
Exceptionalism assassinated.
These deliberate decade-long perversions and
contraventions are DOJ’s industrial-sized scofflaw
materials, flush with confederacy to obstruct justice
by means of OPR-deficiency to assign identifiable,
unbiased and competent jurists rather than fraudulently
pull an unseen deepfake IMPOSTER [Robertson2] out of
DOJ’s BOGUS BOWLER circumstances that requires
immediate attention, clarification and subsequent
resolution and BAR referral and supporting prosecution
or declination decisions. DOJ’s rigging and perverting
Review and Denial constitute willful blindness, not so
“Un-American”3, nevertheless non-compliant and
proscribed under any Rule Of Law Scheme compulsory for
DOJ, et al.

1
https://nyti.ms/2S1HbNj

2
e-letter by OPR-DOJ dated 3-10-17 by bogus
signatory vitiating fraudulent OPR-letters since (at least) 2010
3
Jurists of standing find the notion extremely troubling and Un-
American that a DOJ prosecutor's misconduct should be finally
determined by a fellow career DOJ prosecutor. Defense lawyers are not
entitled to have their alleged misconduct weighed by a fellow defense
lawyer. A prosecutor's alleged misconduct ideally should be determined
by the appropriate state bar disciplinary committee, not by fellow
prosecutors.

2
 One of the central contradictions over Rule-Of-Law is
what makes them work — Brady-compliant, unbiased due
process — is also what way too many .gov-jurists want
to get rid of most, their peers admit.

Furthermore, the unethical “Dead-Ender” uploaded by

wire as a DOJ fictional no-reply-email-con, pseudo
“signatory Robertson” [FN 1, supra] is deepfake §1343-
fraud in that any artifice to defraud, derail and
obstruct by international wire are criminal milestones,
in particular when caused by apparent DOJ refusal to
accept established facts, FOIA discoveries, official
records and forgeries to coax an OPR-decision burying
transgressions against German media representatives.
Here, “judicial’” impotence and incompetence draws
directly from pro-active collusion and participation in
and promotion of extra-statutory SDNY-back-date scams,
and overt absence of valid proof that statutory
requirements re: “Return of Indictment at SDNY Open
Courtroom” were not only creatively circumnavigated,
but ducked or counterfeit. [Dr. Jur.] John G. Koeltl
never had a juridical tamper free or fortuitous wheel
assignment, thus, JGK was an IMPOSTER, not validly
presiding, and DOJ/USANYS knew it, had arranged for it;
Koeltl was USANYS’ game, JGK was DOJ’s “Gamdog”, a
morally bankrupt Bar associate [#1028802] cast into a
black robe turned into an “Enabler”.
Ex Post Fictio – falsus in omnibus
Koeltl knew exactly a) USANYS had him under
deviancy watch b) he did not hold nor c) ever held

3
judicial authority4, neither on “United States Flag
Day”, June-14-2001 nor June-19 when “Case-File” 01-571
inaugurally and improperly OPENED on real Pacer5 [FN
22;Snapshot 1,intra]. Judicial powers do not grow from
back-dated-malfeasance of a bogus RETURN-OF-INDICTMENT
“DKT ENTRY” over glaring absence of an identifiable –
maybe even sober - NYS-Magistrate and overt absence of
an executed, sworn & filed AO-USC-190 [a mandatory NYS
Grand Jury Foreperson-sine-qua-non-due-process6 cert.]
prove conclusively otherwise.
Another FAKE CASE at the Nation’s Mother Court.
Not too surprising is that (see Pg 114/115 intra)
an unfiled, undocketed “Indictment” Draft was submitted
by the FLS to FLSD Judge Vitunac after Viertel’s false
arrest.
Mary-Jo White’s AO-USC-270 submission was not the
“Application for Leave to file under Seal” nor Support
Affidavit, both squarely “absconded” [ooops] along one

6
Zadvydas v. David, 533 US 678 (No.99-7791- Argued Feb 21-Decided Jun
28, 2001):"the Due Process Clause applies to all persons within the
United States, including aliens..."

4
special NYS “CC-envelope”, guys at Sealed-Records-Room
never got to see. [Thus, Pitman hit the bottle].

Alors, Chère Conseur Mary: no tickee, no washee.

The fraudulent OPR-email (supra) turned all DOJ’s
lights-off and lays no legal foundation to hope for
Hizoner’s “get-outta-alien-troubles” card, a card JGK
cannot furnish sans jurisdiction as he cannot validly
act henceforth as “decider-denier-obstructer”, simply
because IMPOSTERS lack ammunition for friendly or
crossfire in sticky OPR matters or related
controversies [like diversions vs. Judicial Misconduct
Complaints for abuse of judicial discretion at CA2].

Complaint

over unconstitutional, fraudulent official acts,

misconduct, forgery, deception, enterprise corruption,
obstruction of justice by ongoing conspiracy, malicious
cover-up and aggravated misconduct offenses under U.S.
Code, ethics rules and NY Jud. Law § 487.
Malpractice, embellishment before Grand Jurors and
con-games by current/former United States Attorneys and
inducement of FBI squad members to break laws and
constitutional restraints, including false arrests in
or before June 2001 in continuance to date with an
object to derail their own detection, to stonewall
discovery, and by cajoling former DOJ lawyers [now with
the Federal Judiciary] to abandon morality, withhold
due process and impartiality in favor of prejudice and
xenophobia with substantive intent to shield official
wrongdoers from discovery and from sanctions,
disbarment and incapacitation applicable to their rogue
acts. These acts comprised of malicious pretense over -
still concealed – inconclusive Grand Jury proceedings

5
between June 14-19, 2001 and over a fictional “True
Bill” that was never returned and was never sealed or
“unsealed” and over rogue prosecutions in NYSD pseudo-
case 01: cr-571.
Moreover, subject proctors & Co. pugnaciously
abused Grand Jurors, Petit Jurors, AOUSC and its NYSD
Court officers and law clerks, and proctors deceived
several sets of prosecution-benign appellate panels,
all of which, ironically on hindsight, lacked all
federal appellate jurisdiction over pseudo-case 571, a
fatal, backwards dated, counterfeit “Un-returned
Nullity” that was ushered along contrary to Grand Juror
concurrence and intend. Officials were without standing
to proceed, but still caused the fatal “backdater”
defect, NYSD-Docket-Doctoring despite absence of a) a
“true AO 190” presentment or filing, b) a duty-judge’s
acceptance and order in “open Court”, c) any Court
records of USANYS’ “LEAVE TO SEAL”, judicial grant
thereof, and d) validly presented Arrest-warrants
applications, e) issuance or returns thereof. These
clear and convincing vacuities above substantiate law-
obstructions and deceptions by DOJ-actors continue to
date by stone-walling, diverted the end of justice and
the Rule of Law. Further, additional coequally
“sophisticated”, yet undiscovered, acts will likely
support a finding of facts far more than by
preponderance of the current evidence as to an
aggravating role for leader, organizer of criminal and
extra-judicial conduct that was otherwise extensive,
and is sanctionable as DOJ misconduct. These acts are
hereby alleged and enveloped into the ongoing
investigations and must be reviewed by OPR and Bar.

Preamble: Former Circuit Judge Kozinski coined the

phrase “lying prosecutors7” whose “convictions must be
overturned”, he described elsewhere as an “epidemic

7 http://lat.ms/1OGRpyg

6
of Brady violations abroad in the land”; by logic,
terms as “lying prosecutors” fit like a glove on those
who cannot produce and who continually, deliberately
obstruct review over a so far unproven [fictional]
“Presentment” or “Return” and support documentation of
an “indictment” they pressured FBI [as fake witness] to
its supposed issuance [Snapshot “4”] “by the NYSD[’
majority of] Grand Jurors” without proof, unverifiable,
none of it ever “sealable upon application”, “sealed”
and “unsealed” – only by hallucination. All this
suggests that Grand Jurors never concurred to “indict”.
To date, still without AO 190, the conclusion must be:
No Indictment existed. The complaint below is about
those “lying prosecutors” in the State of NY and
elsewhere in offense of judicial Law.

New York’s Jud-Law Section §487 criminalizes any

"deceit or collusion" by litigation counsel and
subjects offending attorneys to treble damages. There
is no common law prosecution privilege in New York8.
Here, egregious prosecution attorney conduct and a
“chronic and extreme pattern of ill behavior and of
legal delinquency” caused material damages for no good
justifiable reason known to date, but, more likely, to
hide out in secrecy.

John Pfaff, a professor at Fordham Law School in

New York. "We have really no data whatsoever on what
prosecutors do, almost none,” adding, “We don't know
what they're doing, why they're doing it and what

8
NY Jud-Law Section 487 has its origins in the first Statute of Westminster adopted by the
English Parliament in 1275, which punished for up to a year-and-a-day in prison any
advocate who committed "deceit or collusion" in the King's Court. In 1787, the New York
Legislature adopted this law in its then modern-day counterpart and added a private right
of action with treble damages and even unsuccessful attempts at deceit are actionable.

7
drives their decision process". Because “we don’t have
data on how prosecutors work, we don’t focus on them
when we talk about reforms”, Pfaff continued. Professor
Gelb at Pew called prosecutors “the biggest and most
significant black box to be opened in the system”. We
also do not know why they are breaking laws as if there
is no tomorrow.

Sidebar: FD Phil Weinstein, Blumenberg’s defender,

quipped in July 2001 when asked about NYSD’s “justice”
process: “They lie, we lie, and the better liars win”.
Phil Weinstein rolled himself under a bus, and
Blumenberg lost, now, Trump seems to prove his point.

Commentary: Once USANYS’ nefarious Grand Jury

wizardry, their blatantly misleading Grand Jury
instructions and the flaming Un-Americanism are exposed
coram publicam, and once vindication allows fairness to
return, a stern amber-plus alert warns future Grand
Juror candidates to raise their level of skepticisms
towards U.S. attorney embellishments and unethical
misconduct. Official’s contumacy and omnipresent
recidivism, rampant Brady, Jencks and Napue violations
can only be curtailed upon realistic threat of penalty,
incapacitation and properly enhanced quid-pro-quo
incarcerations.

Exemplary last week, TXSD Judge Hanen wisely

ordered “to deter and prevent future misconduct by
Justice Department lawyers by ordering an appropriately
tailored continuing legal education program, which will
not only serve to educate the uninitiated, but more
importantly will remind all trial lawyers that their
honest and ethical participation is a necessity for the
proper administration of justice”.

8
 Complainant submits that anything short of the
above will shield the public and Republic from more
societal harm and might protect against white collar
bar offenders high-fiving black robed lifetime
scofflaws from shamelessly holding their stirrups.

From the get-go, 571 was a Potemkin “Case”.

Government’s Explanations: “ - ”.

Purging Bar associates might be tougher than

running pedophiles from pulpits, but only rigorous
self-cleansing9 may resurrect one day the soured dream
of American Exceptionalism as it relates, if ever, to
criminal justice.

Here, the AE dream was truly trampled on by the

DOJ’s USANYS branch, world renown to operate on the
edge, crossing in droves over bright lines. While abuse
of power is disconcerting wherever it occurs, it is
particularly troubling with regard to Justice
Administration. Scalia10: “No government official is
‘tempted’ to place restraints on his own freedom of
action, which is why Lord Acton did not say ‘Power
tends to purify.’”. His words "Power tends to corrupt,
absolute power corrupts absolutely" ring true each
American Court day, and not just in oftimes deep-sixed,
colored cases of misconduct and fraud. Experienced
legal observers concur that:

is there more room left under OPR's carpet?

9
Prosecutor unaccountability http://wapo.st/1YqlB1d
10
Dissent from USSC “P.Parenthood v. Casey”

9
 Sadly, jurists and scholars are at a loss why so
many DOJ Misconduct complaints share equal funeral
services as Judicial Misconduct complaints, as both are
swiftly cremated by “goodfellas & bar peers”, or lost,
deliberately botched, dawdled11, exterminated or
derailed.

“571” investigation is continuing, if only because

officials are furthering the concealment enterprise, a
racket to obstruct getting nailed and meeting the ends
of fair justice. Amendments to this complaint are
hereby reserved.

Statements are to be considered as substantive

misconduct accusations when based upon open or sealed
Court records, covert and official public records and
DOJ’s internal records, transmissions and database
files as documentary proof thereof. Resulting analysis,
conclusions, commentaries, opinions are based upon
personal knowledge, interviews, and upon probable
cause, confidential and whistleblown information, and
reasonable or firm belief without preponderance.

Thus, intra statements are certified under 28

U.S.C. §1746 under penalty of perjury.

Synopsis I: With an attorney office stacked with

many DIY-due process offenders [while the Bernies
[Madoff & Kerik], Wall Street plus 9/11 plane high-
jackers “plot” outside Mollo’s building] low hanging
fruit like “alien Blumenberg” was picked as easy prey,
presumptively with high probability, coin-motivated by

11
http://nyti.ms/2582wF9

10
a reward, a bonus from “Big Law”12 upon conviction, and
– law school insiders recall - a “fantastic, steep
tuition rebate for a [Long Island] Talmudic law degree”
[sic] for ex-AUSA Harris [nil superest mali].

Blumenberg was non-violent, unarmed, clinically

depressed, sub-par-lawyered up and unable to cut
through the DOJ’s many schemes CJA-attorneys must keep
secret from clients to not get booted from panels.
Blumenberg earned, produced tens of millions for Burda
Media, and each one [of his admittedly] “shadier
expenditures” factually raised operating costs {less
than 5% p.a. in total}, but also boosted [by a 110-120%
margin] Burda Media service fees and sales to its 25+
happy European Customers. Burda Media, NY-based foreign
owned company was a “Profit Center” and beneficiary,
not ever a pecuniary “victim” of Blumenberg’s
shenanigans. These hard true facts were truly a bitter
cocktail corrupted USANYS proctors refused to swallow.

A.) To Wit: In early summer 2001, USANYC

prosecutors fabricated a “mail-wire-crime”
theory based upon a “liquidity replenishment”
model nonexistent in business, not legally
valid, nor tax-compliant. It was a prosecution
racket, a nefarious legal fictio only amoral
bar-fellas concoct to invent “white-collar”
crime-business which – to a lay-person -
“could sound” half-plausible but actually

12
Big Law Magicians Rogers Wells Clifford Chance were running a
huge billing scam versus German clients Burda Media and Burda
Holding, which, in May 2001, the partners, including Pomerantz
(Bar 1360783 ) and Dr jur Jander (Bar 1414358) feared could dry
up without going behind their clients back with an unauthorized
and corrupt “criminal referral” to Mary-Jo White .

11
 mortgaged the NYSD’s last honor. The FBI’s
part was entirely revisionist, in hindsight,
faking “Fictitious operations losses13” at

13 Burda Media Inc [herein BM]was/is a wholly German owned NY Co (up to 7-96 partially
owned by its founder Blumenberg), and one of Burda Group’s “Profit Centers”, contrary to
what USANYC nefariously alleged and the FBI “misbranded” local “victim” [intra and
audit]. FBI squadster O’Sullivan, a chartered accountant, later claimed – falsely –that he was
“duped” about ubiety of a June 1997 audit which had, for years FBI investigated,
indubitably certified BM’s “profit-center-business operation beginning in 1992“. The audit
is clear about the corporate history. Barrister at Park Avenue Firm Clifford Chance
withheld and concealed their client’s audit throughout the FBI investigation and failed to
candidly comply with 2001 Grand Jury request for BM corporate info. It was part of a plan
to finger Blumenberg and Co. as “federal criminals”. FBI’s imperfect “victim” probes were
unresolved by accountant O’Sullivan and utterly inconclusive. BM’s ’97 “audit” was dumped
upon the USANYS by a truckload of BM files, and unidentifiable as a important post-
Blumenberg forensic analysis. The audit was without critique for Blumenberg, a white-
wash based on verified records. Blumenberg was CEO for 25 years until 7-96 and carried
imperial authority to operate, allot expenses, and unlimited entertainment budgets, as well
as a 100% housing allowance. Thus USANYS apparently believed that the audit was
exculpatory and never told the judge or Probation, but unlawfully kept it deep-sixed off
discovery, perfecting Brady violations and NY Jud Law §487 [Viertel obtained this “Brady”
audit in 2004 from German BKA Federal Police, but was already shackled behind DOJ
prison bars]. The audit’s was deep-six because its existence would have closed out Grand
Juror investigations, would have totally debunked fabricated “Potemkin” crimes and
nullified every aspects of USANYS’ bogus “Prosecution Theory” that consisted of BM
“having no income [vs. tons of liquidity], dependence upon overseas corporate gift
donations [vs. sales and contracts for media content] received from unrelated third parties
[vs. beneficially owned by BM from its own treasury held overseas]. Burda Holding was
made by USANYS into some whacko donor with a highly dangerous U.S. presence by
agency, an operational impossibility and prohibited activity for a German Holding. In fact
Burda Holding was arms-length client of BM, did not own BM shares. BM topped up their
huge NY bank accounts with its own funds from sales of media content that BM produced
and exported. BM also exported their accounting records – bills, salaries/tax stubs,
proforma vouchers, Rockefeller Center rental statements, receipts, food-checks, vendor
bills and production expenditures – to Germany by Lufthansa once a month. The USANYS
required a miracle and created – for the Court ushers – a fairy tale of a licensed interstate
air cargo carrier going overseas, transatlantic deliveries of all the Cashier paper works.
Prosecutors prostrated a bogus cycle that paper-stubs (including a few fake, mostly BM-

12
 Burda Media. Prosecutors Weddle, Harris,
Canellos were undisturbed and undeterred by
the “fake victim” role contrary to BM’s
sprawling financials (FY95/96; http://bit.ly/1SeUh47 or
http://bit.ly/2dNWYzA ). These audits were certified

inhouse creations or non-public reprints Cashier disbursement vouchers all of which were
authorized by Blumenberg pursuant to his ample executive discretion) flew eastward to
cause – in Europe - funds to fly westward. The huge fabrication by USANYS was a causality
between the two directional activities, when there was none, a corporate business matter
of fact transpicuous in its going concern without a shred of MO basis, without a contract in
support of such insanity the government had fabricated but ever produced proof. The
scenario was pernicious for the USANYS; especially the fact that BM never received top-up
funds from Burda Holding, malicious fables to which the “government” did not and could
not produce a single officer or director [Kiefer was a non-executive “Treasurer/Cashier”]
who could or would confirm a “loss” or, an absurd top-up-model at BM, that would violate
corporate structures and German-American treaty tax laws. Fact remains, that a misguided
and violently corrupted FBI special agent auditor investigated a fictitious white-collar
financial “victim” for a phantom loss that BM “should” have suffered up to June 1996 – five
years earlier – but did not. The FBI violated their investigative rules and their duty to
initially demand accounting access for relevant periods, “BM FINANCIALS”, from the
“putative local victim”, if only to perform due diligence on prosecutor’s tales. Failure to
demand such basic records was deliberate on willful blindness, misconduct extra-ordinary,
reprehensible. The public mistrusts the FBI, FBI agents oftimes hide their jobs from
neighbors, because this C12-squad absurdly not triple-checking whether a “victims” is a
“victim” is a scandal. The absence of loss and the presence of historic 96 financials with
millions dollar earnings from massive SALES OF MEDIA content was established 4 years
before the “USA” began its massive smear campaign “over huge amounts” caused by
“criminal acts” of Blumenberg, John Lee and [Complainant] Viertel. Plausible explanations
could lie in the FBI’s docile lap-dog culture blooming in a mismanagement biotope in the
Southern District. In fact, since June 9th 1997 BM’s new CEO, Claus Preute [see FBI 302 of
2002] was in official possession of BM’s group audit [he personam commissioned and paid
with BM’s own funds] an audit which indubitably certified “corporate earnings”, see
http://bit.ly/1SeUh47 or http://bit.ly/2dNWYzA
¶ 14 “Earnings 95/96 $6’888’204.32 /$8’382’942.07” – but was without a qualifier that
could “hint” to excite USA’s upcoming absurd “loss” theory or their bonkers interstate-
overseas- transatlantic-outer-space “fraud” theories the Nation suffered and had to
endured to call out for “rescue by John Ashcroft’s expert, integrity teams” [ Randolf].

13
 in June 1997 for the 96 period the FBI
concentrated on, but never did. FBI folks were
obviously directed to not “locate, apprehend
and touch”, discuss or review BM’s subject
audit, originally produced for Claus Preute,
CEO since 1997 and [302] witness in FBI’s
2001/2 “last minute investigation”. The
“investigation” was utterly biased and bogus.
The audit posed the largest risk of
nullification for Weddle’s, Harris’ and
Canellos’ lobbed vapor theory which required a
“mandatory” pauper “victim”, and also requires
– facially - a measurable loss of funds in
favor of an accused via a “mail” scheme under
color of domestic interstate nexus, which, in
itself, utterly invalidated the coequally
“required” but fictitious, furtherance-free
“wire” theory to falsely pseudo-ignite federal
prohibitions. It resulted that prosecutors and
their accomplices cheated the public they
swore to serve by acting like rogue
pyromaniacs, deranged serial arsonists burning
law books. Now, they are accused of aggravated
misconduct by sophisticated means and with
federal moral turpitude14.

The team deliberately concealed “their

victim’s” relevant financial records of
material earnings collected for [$15+]
millions media sales income – millions that
Team-USA fraudulently stripped not to gut its

14It’s a well known fact that thousands of people are wrongly convicted of crimes in
America’s criminal [in] justice system, and , that they spend decades of their lives in jail
because of it.

14
 “pauper theory”. M. Cohen tutored non-
executives in bottom position without
corporate know-how or insight15, despite audit
certified results from Chief audit staff
dispatched in July 199616 by parent Burda
GmbH. The results provided minutiae detail of
loss-free operations and were issued without
qualifying statements [no “fraud or abuse”],
contrarian facts to the fiction USANYS’
covenant with FBI’s accountant O’Sullivan
concocted. Thereafter these fabrications were
force-fed to Jurors who, inter alia, were
corruptly mal-instructed on §1341’s “domestic
only” element [intra]. In fact, any notion of
the existence of a relevant [period 96] audit
was toxic to a blatantly malicious prosecution
racket. The racket was grounded upon denial
“of a well to do”, profitable German owned
subsidiary, which, since Jan-1992, turned
“Profit Center”.
USANYS prosecutors will have to explain
publicly whether and which undesirable or
arbitrary factors furthered this prosecutorial
trespass, and what caused them to exorbitantly
“cheat to win” two genuine ultra vires

15 Ellen Kiefer’s non-executive job position in 95/96/97 was “Treasurer” a corporate

function that signals that Burda Media had treasury, had wealth and had liquidity
management, something Marcia Cohen went to deceive Court and Petit Jurors during
Viertel’s trial not to gut her “fairytale”.

16Burda’s Chief reviseur Maginot affirmed at German Police, that he personally a) collected
and b) reviewed every embargoed account document HELD since June 1996 by and at BM
on arrival July 09, 1996, that included c) the $8’120.00 original [2001 “charged” & 2002
“tampered” with], and d) hand-carried these on Lufthansa 7/19/1996 to Germany and e)
delivered them to BM’s own accounting vendor, but not to “Burda Holding”. QED:
uncontroverted pre-nullifications of “mail fraud” jurisdiction.

15
 convictions for truly crime-free conduct they
had no business throwing millions of tax-payers
funds at.
Blumenberg resigned July 1996 and BM was
henceforth much less profitable on higher
operating and pseudo-legal costs, pilfered by
Rogers & Wells LLP’s insanely huge [paralegal]
bills [see “Brady” audit ¶19 Legal Costs
$411’424.40 a 720% boost vs. 1995]. The magic
firm was first thriving on European naiveté vs.
AmLaw greed, and since early 2001, from an
unauthorized, Burda unapproved “referral” that
nurtured DOJ/FBI’s zeal to FIRST provoke
attorney work at a magic circle firm, and
SECOND to “bogus vindicate United States
sufferance” caused by Blumenberg’s “amoral
conduct” which was simply unqualified, on ample
law grounds, for federal accusations and
without jurisdiction (except his tax count,
which turned out to have been manufactured
later, no tax was due).

By June 2001 this massive smear-job had

commenced. FBI actors add constant insults to
injury by promotion of the FBI’s banner
“INTEGRITY17” [sic] despite hugely ignoble scheming
to mutilate a foreign owned N.Y. taxpayer, an $8+
million dollars Media-Content-Exporter into a
“money-losing-freak”, and into a whacko
“interstate mailer”, and into a “gifts-wire-
beneficiary”. BM never was any of that.

17 In fact, jurists of reason, upon review, were extremely challenged to identify a single FBI
action with integrity or fairness, bravery or loyalty. None was found.

16
 Burda Media produced Media with its own
liquidity resulting from earned proceed of media
sales, by exporting Media content to News-outlets
to to foreign clients who paid their piper’s
pipeline of news, but was not a pauper18.

B.) To Wit: CPA O’Sullivan – FBI’s special agent

accountant – justified [at a one-on-one
“document review” with Viertel in 2002], that
his “bosses” routinely required a local
Manhattan, at least a “first-impression-
victim” to “throw” resources at allegations of
material white-collar, local venue pecuniary
malfeasance[Voila]. Alice did live in
Southern’s Wonder District. Those same
“bosses” must now be held accountable for
instigating deceit and misconduct to comply
with their “victim” ruse, which -in hindsight-
became root cause for “fake victim tales” and
for their postal “interstate wire humbug”
without which this “case” would have vanished
in an instant. All FBI messages [intra] state
a falsity: FBI’s bogus “BURDA MEDIA INC -
VICTIM” reference. [Snapshot 4]

Q.E.D: Complainant suspects a trend that Americans

don’t want business as usual any longer, and don’t want
their fellow citizens disrespected as Jurors, mocked,

18 The “pauper” scheme was heavily pushed by AUSA Marca Cohen (Bar 2596773), for
reasons OPR must identify, other than the fact that Cohen is/was economically unlearned
and ignorant but seemed under a “SPELL”, or - simply displayed HLS alumni arrogance. At
one point Cohen lectured alumni JGK, that certified audit have little probative value, while
she knew more than what three German auditors certified six years earlier. Cohen was re-
assigned and dabbles now in Kiddie-Porn morass and entrapment schemes.

17
left out-of-the-loop and ripped off by a bumper crop of
“foul19”, overzealous government actors weaseling to
outsmart them in jury rooms. The record shows a routine
USA technique to abuse clueless New York jurors to
cause prejudice and to pre-derail justice,
demonstrating once more that FBI & FACTS are uneasy
partners, disemboweling their “INTEGRITY” [sic] brand,
ransacking presumption of innocence.
Here the FBI messaged insane PRIORITY deceptions,
ruthlessly besmirching three men as most wanted
“FUGITIVES”, an arbitrary, false, brutal stigmata the
“bureau” is, unsurprisingly, known to rampantly abuse.
In essence, the bill of indictment insures that a
target does not face arrest and incarceration “except
on presentment or indictment of a grand jury;” thus, if
it is insufficient, a prosecutor cannot cure the
defects. These folks had none.
Synopsis II: Accountability is often less than
pretty, but an essential tool to further societal
understanding of underperformance and shortcomings in
governance, it helps restoration of the Rule of Law,
and be instrumental for when, hidden from view, an
amoral turpitude race where Branch II rides roughshod
over Branch III, a misfortunate cluster of former
prosecutors (POTUS #40 labeled: “regurgitated”), who

19 BERGER v. US 295 U.S. 78 (1935) “The United States Attorney is the representative not of
an ordinary party to a controversy, but of a sovereignty whose obligation to govern
impartially is as compelling as its obligation to govern at all, and whose interest, therefore,
in a criminal prosecution is not that it shall win a case, but that justice shall be done. As
such, he is in a peculiar and very definite sense the servant of the law, the two-fold aim of
which is that guilt shall not escape or innocence suffers. He may prosecute with
earnestness and vigor -- indeed, he should do so. But, while he may strike hard blows, he is
not at liberty to strike foul ones. It is as much his duty to refrain from improper methods
calculated to produce a wrongful conviction as it is to use every legitimate means to bring
about a just one.”

18
are considered, at worst, “Lifetime Marionettes” by
fellow bar-card-holders more oftimes than comfortable,
despite apparent constitutional imbalance20, that, in
turn, is kept off curriculæ and public conscience. Or,
according to Art III Judge Hughes – on the record –
Washington DOJ attorneys were “sons of bitches”.

Wounded prey and victims of undue process,

malicious, amoral, prejudicial and factually bogus
“prosecutions” have legitimate business in unearthing
official dirt, not only Grand Jury deception practices.
Neither DOJ, FBI nor supposedly “unbiased” [but oftimes
deeply mal-focused and predilective] Courts hold a
congressional mandate, or Art III authority, for
keeping transgressions secret without crashing into
obstruction violations and overt conspiracy. The last
obstructive act, the freshest scofflaw derailment,
denial or manipulation resets statutory limits.
Transparency is never an option for governments, it
is a “must do”, and no prosecutorial discretion exists
for promotion, support, maintenance of a, inter alia,
now-well-recognizable-bogus claim for secrecy that
shields a [deceased] Grand Jury Foreman’s acts [or
omissions] for the ill purpose of concealing USA
misconduct, protectionist’s secrecy concerns fail
without a showing of particularized need or harm to
justice process resulting from cessation of the

20 SRINIVASAN, C. J. in CADC 15-3016: “The Constitution allocates primacy in criminal

charging decisions to the Executive Branch. The Executive’s charging authority embraces
decisions about whether to initiate charges, whom to prosecute, which charges to bring,
and whether to dismiss charges once brought. It has long been settled that the Judiciary
generally lacks authority to second-guess those Executive determinations, much less to
impose its own charging preferences. The courts instead take the prosecution’s charging
decisions largely as a given, and assume a more active role in administering adjudication of
a defendant’s guilt and determining the appropriate sentence.”

19
judicial nod favoring concealment. None exists. Here,
escutcheon “secrecy” only serves to hide, duck and run
away.
Here, inglorious government actors created the
utmost prejudice available in their poison
cabinet, loaded up on scienter and phobia from
getting caught, getting disbarred, getting
rightfully shamed and punished with
incapacitation.

Thus, Pseudo case 01-cr-571 was just that, POTEMKIN

-bogus, a fictio that never had – even if timely-
probable cause of federal answerability over guilt
under Federal statutes; #571 was a classic POTEMKIN
case “pseudo-presided” by neutered arbiters cooking
law-books , and was adjudicated ultra vires without a
scent of federal jurisdiction under color of federal
authority.

The gravamen of DOJ’s irresponsible leadership

role establishes from its pseudo control, dis-
rganization, and ir-responsibility for staff-
members’ demonstrated felonious enterprise at the
USANYS. “Such conduct is certainly not worthy of
any department whose name includes the word
“Justice”. Suffice it to say, the citizens of
fifty states, their counsel, affected aliens and
the judiciary branch, all deserve better.”

20
 It is true that Blumenberg – under German penal
code - owed greater “fiduciary trust” than he delivered
for the benefit of his German employer, but, “UNITED
STATES OF AMERICA” was still an utter sham plaintiff,
was a text-book “hypochondriast” without standing or
symptoms, without injury or skin in “f-cubed” NY-local-
victim-free affairs, of which none was federally
material, none was interstate commercial or was
criminal, a vacuity which, by black law, binds the
United States. There was NO Documents MAILINGs in June
2001, a fact that FBI and DOJ deliberately kept secret
from Jury and Defense, altered Kiefer’s 30221 to obscure

21

21
her testimony that she was “stopped” by German
Management to collect any accounting stuff for export.

In fact, Blumenberg’s activities shielded his host

country’s “Postal inspectors” and America’s “interstate
carrier” crop from harm, disencumbered in immaculate
health under “§1341 domestic postal fraud22”.

By not contracting interstate carriers [but

Lufthansa] for demonstrating the pseudo-export of BM’s
bookkeeper-paperwork (none was “shipped in June 2001”)
to “final destination: Germany23”, Blumenberg
singlehandedly saved America’s postal trucker
structures from federal agony24. And since Blumenberg
was not (knowingly or unknowingly) in the fraudulent
ship-interstate business, his object of desire to
“break” §1341 was below nil, preempting all
conspiratory §371 suspicions and accusations.

22
a false, malicious, BRADY/NAPUE violation avouchment
of a phantom “Burda Media export shipment”, that –
triple affirmatively - never shipped around 6/28, 1996
but was halted since mid-June by Burda Media’s German
majority shareholder, Burda GmbH.
23
U.S. Commerce Dept. Export regulations disallow
“DIVERSIONS” per air-way-bill export shipment
declarations of press materials (no fake invoices were
shipped)
24United States Postal Inspectors could have provided some guidance on
shipping to international destinations without a §1341 nexus, but White,
Comey et al rather shoot fish in a barrel. USPI staff could only shake their
heads in disbelief when asked to comment on “571’s” mail Counts.

22
 On 6/14/2001 subject prosecutors were terminally
“short on substantive crimes”, let alone short of not-
yet-time-barred, less than 5 years vintage “paradox
interstate shipments to Germany25” to see their
prosecutorial goal: extract a deportable “sentence
enhancement under mandatory guidelines”. Insanity ran
amok.

Thus, subject proctors coined a brand-new-2001

revisionist three-way “conspiracy” for which no <less
than five year vintage overt acts could be found. Such
acts or facts did simply not exist to feed USANYS’s
truly whacko [un-American] conspiracy notions – not
only because Blumenberg was alien and because §371
fails to provide [aliens and natural borne] people of
ordinary intelligence a reasonable opportunity to
understand what conduct §371 prohibits. §371 type laws
are banned in the real outside world; they just over-
fill prisons in America.

That Blumenberg would confederate with two others

to violate the U.S.’s “mail” or “wire” laws is utterly
preposterous, and he has a [devoid] “guilty plea”
colloquy to show for. Blumenberg was free of mens rea
for mails, wires and tax-errors not just because he
also lacked intellectual sophistication26 for such
nonsensical criminal offenses. Here, a deeply partial
Judge without jurisdiction [and imperial cloths]
chaperoned Blumenberg’s worthless27 plea while cookin’
the law books.

25 “interstate shipments to Germany” are figments. Germany is not a “U.S.A. Gliedstaat”

26 see Blumenberg’s – revoked – Guilty plea under http://bit.ly/1U2d5pT ¶2-ff

27 Insufficient factual basis to meet the interstate carrier element, conspiracy, wire and tax
fraud

23
 Source Statement: While this investigation was
conducted in-house, assistance, support, data and
intelligence was gratefully received from [former
“CCI28”] Federal Court staffers, law clerks whose expert
consultancy untangled myriad improprieties last year,
and investigative support from Burda. Redacted results
were reviewed for this complaint by veteran government
jurists and academics.

Foreword: We assume the DOJʹs familiarity with the

underlying facts: false docket entries, false docket
filings, fake rubber stamp ink on novelty arrest
“warrant” drafts, total lack of “Sealed Record Room
log-entries”, the mock “Unsealing” imbroglio by a
“robed fool29”[sic] scoffed at by NYSD’s “Sealed
Records Clerks” [DOC#2, Specimen “D”, intra], the
entirety of June 2001 Grand Jury Transcripts and the
embarrassing procedural history of the Court’s opus
magnum; certain elements were complained of earlier in
OPR submissions30 and are hereby related back to and
adopted.

This is about the Nation’s Mother Court and the

Nation’s Manhattan Attorney Office, the one with the
highest rate of proven international misconduct in this
“Galaxy” [sic]! Recently, HRM Queen’s Privy Council
alerted Commonwealth Judicatures below to stay alert

28 Hereinafter “CCI(s)” for Confidential Court Informant(s) and AOUSC experts

29 Label by Sealed Records Room staffers upon reviewing DOC#2

30See, inter alia, Complainant’s demand date 3/8/2005 re: “Records tampering and
perjury” upon David N. Kelley which remains without a response, in confirmation of
systemic failures by USANYC , regardless of US attorney office holders

24
and suspicious over USANYS proceedings, including
extradition request, warrants or MLAT submissions, due
to the likelihood of misconduct recidivism. Earlier,
Bahamas’ Supreme Court, inter alia, found USANYS
prosecutors “abusive of judicial process”, also found
them acting in “bad faith” and further held that the
USANYS “tamper with documents to deceive Courts”. Her
Majesty’s Privy Council affirmed the order adding
warnings. Judge Andrew Hanen’s order to either pass
yearly legal ethics classes or be disqualified is the
latest and most prudent salvo in that direction, as can
be seen below:

C.) To Wit: On 6/15/01, Priority FBI message

(Snapshot “4”) originated from three FBI
C12BQMRA actors (names redacted by DOJ). Black
law letters say “deceiving FBI agents” is a
serious federal offense, the message
established that three field offices agents
were lied to, and were sent deceptive
materials [fake indictment/warrants] with
intent to induce the Special Agents to
unlawfully apprehend three [judicially non-
warranted] persons on 6/19 [grounded on bogus
flight risk & FUGITIVES ruses). Since equality
applies “under the law” and selective
prosecutions are prohibited, citizens might be
“shocked” when they learn that Special Agents
lying to other Special Agents seems to be
crime-free entertainment, when this dark
exception to the Rule of Law exists in
America.
At least FLSD’s FBI Specialist recognized
that NY “messages” must routinely be taken
with truckloads of salt, all three FBI

25
 Specialist [FN 99] who executed, at 07:00am
one false arrest warrant against Complainant
on 6/19/2001 acted unlawfully without excuse
alone for the fact

If proctors at USANYS wish to extend a

statutory 5-year last-overt-act limit for
§371-Conspiracy, the DOJ must successfully
pray and win at Congress, but, until then,
neither nefarious “Fugitive” ruses, nor
tampering with rubberstamps can expand
statutory expiry limitations. The New York
Southern Prosecutors [USANYS] misled Grand
Jurors, but then bungled – their 11th hour
crucial timeline goal - to pry a corollary
“Indictment” bill pronto and sooner than two –
nonetheless double bogus - overt factoids
expired on midnight June 18, 2001 [after five
years abeyance].

That gone wrong [and Dr Koeltl still

obstructing [99%] GJ-details from discovery],
USANYS resorted to nefarious trickery, due
process violations unthinkable without
approval from above (G.S. Canellos, M.J.
White, et al).Basically, their misconduct31
consisted of at least a four step enterprise
levels of iniquity, first Grand Juror
deception over lack of requisite criminal
mail-fraud elements (no interstate carrier

31
United States v. Tarricone, 11 F.3d 24, amended by 21 F.3d 474 (2d Cir. 1993) The
government possessed a handwriting expert’s opinion that the writing on a particular
document was not the defendant’s. At trial, however, the government elicited testimony from
more than one witness that the writing was that of the defendant and then argued this matter
to the jury. This was prosecutorial misconduct.

26
 classification, no furtherance and void of
jurisdiction for extra-domestic, international
transports to Germany). Kiefer testified
(albeit purged from FBI’s 302,) that no
accounting shipments “went to Germany” during
the months of June 1996 due to an intramural
embargo, second Fugitive labeling32 and
forcing the FBI to transmit bogus – interstate
– messages, and third Pitman’s backdate.
Complainant’s gravamen lies in the nefarious
culture that persisted at USANYS five years
after an allegedly “criminal” [§1341 domestic
mail fraud, interstate] “international
airfreight transport to Germany” occurred.
Where did this vindictiveness come from?

Counterfeiting to then backwards-date a

highly dubious if not pseudo federal Grand
Jury “finding” causing Docket tampering to

32

27
 shoo-in expired conduct, are multiple
felonies, Grand Jury fraud and nullifies all
proceedings for lack of jurisdiction ab ovo.
That is the law.

First USANYS miscalculated that their

“bogus” Fugitives ruse would stop the tolling
on the expiring overt acts, when that did not
work out the USA focused onto a secondary
ruse, the “backward dating” enterprise,

Real Due-Process-Deniers don’t care for

judicial approvals, they have enough bad faith
and hubris to brand-mark three innocent
persons WANTED “FUGITIVES (A)(B)(C)” on
6/15/2001, clearly the most prejudicial
violation in the land, see Snapshot “4”.

D.) To Wit: On 6/19/2001 around 09:30am inside

NYSD’s Clerk office - not in an OPEN
COURTROOM – at 500 Pearl “AUSA John Doe” filed
12 pages purported to be an “INDICTMENT”.
Instantly, USANYC’s Weddle, Harris
caused[/forced/corrupted] clerk “jm33” to
tamper with NYSD’s official date-stamper dial
and turn its current 6/19 date five days
backwards to 6/14 before affixing ink onto the
now truly invalid, previously dubitable
pamphlet labeled “INDICTMENT”, [purportedly
autographed by GJ-Foreperson <Rehm> and USA
<White>].

33 [jm] =J. Mollinelli

28
 This was an act of false INK and nullified
the pamphlet altogether, forever. As noted
supra, USANYS’ pamphlet had not been
“RETURNED” in “Open Court”, also due to overt
absenteeism of Foreperson Rehm or a “Judicial
Officer authorized to accept a “PRESENTMENT or
RETURN”, as the law commands.

This is not to say that all Grand Juries

are a sort of Wild West, “anything goes”
environment, but prosecutors routinely abuse
their very much limited discretion to
incorrectly interpret laws, lay down all crime
elements and truthfully underpin federal
jurisdictional boundaries. It is the
pathological form of Jingoism when it happens.
Prosecutors are bound by multiple
constitutional, legal and ethical principles,
including those that limit their jury
“advisory” function34 to candor and veracity
and to act “scrupulously fair”, without
misconduct, a warning voiced by Judge
Wachtler’s Ham-Sandwich notion. Even without
the Grand Jury recordings, it has become clear
that noble conduct did not play a role occur
here.

To this date USANYS has not provided any

proof of living Court Officers during the
presentment & return phase, not on 6/19 not
any earlier date. Their pamphlet was simply

34There are also Department of Justice rules USM 9-11000 that govern
questions such as when prosecutors should provide exculpatory evidence to
the grand jury or when they should avoid the use of certain kinds of
evidence.

29
 “FILED” by USAO staffer “John Doe” through the
backdoor entry, an undue process in itself
that killed fairness nullifying jurisdiction
altogether. We must presume that “John Doe”
did what he was told by his supervisors, and
because that would also be par for the manner
in which USANYS operations abuse the Courts.

But, there is a hitch: Filer John Doe

marked35 the pamphlet’s back cover jacket36 by
hand: “6/19/01 Filed Indictment. Case assigned
to Judge Koeltl. For all purposes.” [sic]

Snapshot “1” full view ¶95ff

Since, proctors, whose job “is to ensure

that justice is done and that guilt shall not
escape nor innocence suffer,” failed to
produce PACER or other true record of a good
faith judicial “RETURN”, then, failed to “Name
that Judge!” who duly, truly administrated
over a “File-this-and-Seal-that-Motion”
practice. But, there is an obvious and simple
explanation:

35

36Form No. USA-33s-274 is a NYSD routine back cover page (see ¶21 of
Bharara’s impeccable , sample INDICTMENT RETURN
https://www.justice.gov/usao-sdny/file/834156/download

30
 There was none of it.

Court Records are weighty PROOF and NOTICE

There was no living Judge accepting a true

bill.

Absentia of Pacer Record simply

authenticates absentia of a “Judicial officer”
and absentia of an identifiable “Open
Courtroom” inside Moynihan’s Building that
“could” have possibly staged a “Return
proceeding assisted by Grand Jury Foreman
Rehm”. No such record is plausible to exist
since none was produced upon Show Cause
demands, despite seriatim attempts which
continue to be eluded to date by USANYS whose
reliance upon a former alumni, peer, former
prosecutor protected them from consequences of
their crimes and continued lack of candor.
These are overt due-process-shortfalls that are
no longer in dispute and incontrovertible proof
of sophisticated and wilfull misconduct.

E.) 571 had more fatal false-start defects:

further confirmed by want of – sine qua non -
requisite Court form AO 190 (sample: Snapshot
“2”), a black law, concurrent must-issue
authentication duty of every Forepersons, in
“Open Court” and under oath, who must
autograph AO 190 to validate and perfect a
“RETURN”. AO 190 has not been produced.

Either, AO 190 does not exist at all,

which could sink a criminal “Return” beyond
salvage into jurisdictional vacuity, or was
arrogantly concealed by USANYS’ actors because

31
 they can rather be high-fived by an –
apparently captive - Court who panicked over
its own obsolescence caused by AO 190’s
incriminating faculty evaporating the Court’s
own “Jurisdiction” ab ovo.

Either way, vacuity of genuine AO 190

records clearly manifests that if AO 190
somehow, miraculously existed, arguendo, AO 190
must have been “scrutinized sub judice” for
Jurisdictional-worthiness and was found
deficient to pass the Litmus test for a lawful
process in a Court of Law.

FAILURE to establish jurisdiction.

This extend of “early” and immediate judicial

obstruction on 6/19/01, CCI’s aver, point at worse
improprieties around NYSD’s criminal “wheel”, and
explain a learned scienter’s premeditated intent
to conceal AO 190 either due to total lack of
Grand Juror majority that drowned concurrence
altogether.

This point to a tardy or no finding of a “true

bill” not before 6/19/01, just too late to avoid
Damocles’ sword cutting off “both [bogus] overt
acts beyond their 5 years anniversary”. 6/19 was
no longer a date to come in “under the line” and
it killed USANYS’s malicious “conspiracy” project
in the Mother Court.

Dead silence from “camera” speaks loudly37.

Any Art III judge [on its limited jurisdiction] is

37The judicial system doesn’t seem to have a problem with the FBI acting as admins for
child porn sites while conducting investigations. After all, judges have seen worse. They’ve

32
 under black law duty to thoroughly verify, suo
motu, the USA’s good faith at all times and
whether due process standing allows a criminal
accusation to go on. These judges must verify
every “t” is crossed and “i” is dotted.

Once the Judge uncovered fatal improprieties

like, inter alia, Grand Jury and false ink arrest
fraud, tampering and counterfeiting38 by USANYS’s
White & Company, that judge has no discretion left
to acquiesce, to wink or nod to DOJ’s U.S.
Marshal’s, Deputy Don Fletcher, “Melanie L.
Lopez”, Harris, Weddle or law clerks while
unlawful arrestees, presumptively innocent
defendants, are kept in cuffs and in darkness and
so unlawfully.

It would have been simple, demonstrated candor

and show that the “system” works, but now it is
too late.

OK’ed the FBI’s hiring of a “heroin-addicted prostitute” to seduce an investigation target

into selling drugs to undercover agents. Judges have allowed ATF to bust people for
robbing fake drug houses containing zero drugs — even when the actual robbery has never
taken place. Judges have also found nothing wrong with creating its own “pedophilic
organization,” recruiting members and encouraging them to create child pornography, or
as in #571, stage a con game around Grand Jurors, seduce Magistrate Pitman to lie his teeth
out and to sign off on falsities, plus stamp [intra]

38 Harrishad also counterfeit dummy arrest warrants for Blumenberg’s and Lee’s, again
with a fake “clerk” stamp, both specimen highly incriminating to USA/FBI, that during a
bogus NYSD arraignment, JGK caused both A/W’s to forever vanish. The gents met in the
Court’s holding cell around 8:30am after an unconstitutional seizure on 6/19/01 at
07:00am at their homes, followed by kidnapping and chained abduction across state lines
from Englewood, NJ and Connecticut. QED.

33
 John Koeltl realized that it is too late for
Pilates’ role.

What remains of interest are the Grand Jury

stenographs and transcripts for June 2001, they
must in DOJ custody in a save place and also
safeguarded at Veritext.

These can shed light upon USANYS’s conduct and

prove even graver fraud and how much a shebang of
“robed” bar fellas would lie, derail, cheat and
stone-wall for their folks on first row.

Every AO 190-deficient “true bill” presentment

is unacceptable to any Judge, but for that, Judges
hold blank forms under their bench to take a
Foreperson’s sworn statement that Juror count was
sufficient. Without AO 190, a valid “RETURN” – de
jure et de facto – is void, trumping prima facie
doubts of DOC#1, the pamphlet filed on 6/19 that
was swiftly backdated to 6/14/2001 – Specimen “A”
below:

34
 ✂Specimen A [if above pamphlet would have
truly [wink-wink] been “filed” as
inked/stamped, the “JUDGE KOELTL” stamp would
kill that ink scam: JGK was assigned 6/19, not
on 6/14, and according to AOUSC “Duly Filed
documents cannot be marked or altered and may
not be tampered with post-filing. “Re-files”
marked “replacement” of originals referenced by
Jud. Orders]

Comment: Grand Juries return a true bill almost

every time a prosecutor asked for one. That is
true, but, that was not true here. Alarmed by this
failure, USANYS’ fraudster squad cooked up this
“last minute backdate-con” out of sheer hysteria to
be unable to deliver “deeper guilt” as was the
obvious plan by superiors [White’s  Canellos’
propinquity to Big Law is established by more than
preponderance].

35
 Prosecutors selected the most felonious of
alternatives and corrupted NYSD’s clerk Molinelli,
they cornered Mag. Pitman and they disgraced
Courtroom 12B to rig a shoo-in39 for expired overt
acts that could favor the DOJ’s BOP apparatus.
(Without a §371 “booster”, 0-6 months probation was
Blumenberg, Lee and Viertel’s maximum guideline
sentence)

Thus, prejudice was rampant, again, observers

say, par for the DOJ; prejudicial, malicious,
corrupt and violative of Fifth Amendment guarantee:
to be tried only on a [valid] indictment returned
by 12 or more Grand Jurors, certified by a sworn
foreperson.

Such grave Indictment defects timeless legal

beauty, they are jurisdictional, are fatal and
never waived when seeking to nullify a mock
proceeding.
In Welch v. U.S., SCOTUS 15-6418 (4/18/2016)
this fresh passage from the majority opinion stands
out: “[W]here the conviction or sentence in fact is
not authorized by substantive law, then finality
interests are at their weakest. As Justice Harlan
wrote, “[t]here is little societal interest in
permitting the criminal process to rest at a point
where it ought properly never to repose.” [Mackey,
401 U.S., at 693 op. Harlan, J.]

39
Ultra-last-minute §371 charges were deemed critical by USANYS to jackpot enhanced
BOP incarceration for the guilty and to allow preconceived deportations made possible by
pseudo-preponderance a lifetime Clinton “Inductee” guaranteed upfront. A Prejudicial ICE
bonanza.

36
Explanation: On 6/14/2001, subject U.S. attorneys
“possessed” nothing more but a dry draft pamphlet,
the unsigned, un-returnable, un-sealable 11-page
abstract, an uncooked proposal for Grand Jurors,
which, most honorably, these Grand Jurors scrubbed
and aborted or continued for another, a later day.

No public proof exists suggesting Juror

concurrence, but overwhelming black ink testament
of deception and brusque Juror disapproval, not
only, but mainly because, next day, 6/15, the FBI
was with empty hands but messaged (see Snapshot
“4”)an 11-page-blank-draft, unsigned, unreturned,
unfiled and unwarranted abstract instead of a real
returned Indictment. But FBI folks had nothing to
show, nothing to fax, as is seen in “4”.

F.) To Wit: 6/14/01 a.m., Harris and Weddle tried

to coax Grand Jurors to swig retro-fabricated
– on the brink of expiry - five years old
“overt acts”. That day proctors rushed a
“Giglio-impaired FBI-hear-say-Agent” to build
last-minute historical pseudo-context for
06/17/1996 & 06/18/1996, he claimed to have
overheard from third parties (Connor lied and
found no loadable proof for any act such a
long time ago).

Still, O’Sullivan [FBICOS] “proposed”

Viertel to Grand Jurors – first time at
11:00am that day. Apparently, from all corners
of the testament, FBICOS’ “smear job” was to
entangle Viertel (and later that day a #3 John
Lee) by rigging a bawdy §371 cabal which –
factio cum fictio – depended upon more bad
“folks” than just Blumenberg, who was, prior

37
 to 11:00am, the Grand Jurors lone alien
target.

Harris was caught on transcript to mislead

FBICOS - see GJ Tr. Veritext ¶60-63 Snapshot
“9”. What became clearer from this
[fractional40] transcript is, in hindsight,
that Harris willfully rigged a “vexing”
timeline [Harris-FBICOS duo knew that i.) GX
301 <$8’120.00 invoice>, did not exist until
6/24/01 and was a proforma document - 10₵
short – drafted by BM in house to paper over
the generic 6/18 payout by Kiefer was not
based a future GX 301, and ii.) GX 301 was
printed as a retro-dated specimen not before
6/24/01 on BM’s laser in-house and was as late
arrival, totally unsuitable to “further” a
mail/wire-scheme, but good enough for a patent
USANYS-FBI racket to boost punishment and good
enough for Koeltl to abuse his discretion.

Next day, 06/15/01, these last minute,

rigged, factitious accusations – swelled into
USANYS’ “11th hour ipso facto conspiracy”,
their fake implants41 were wondrously
metastasized into a now tripled “Case” on two
extra conspirators, unknown to each other,
and, regrettably, 100% contradictory to
Burda’s bookskeeper Kiefer’s accounts [aka:

40The only 4 pages available on file, all other pages 06/14/2001 are in continued
concealment

41 <sarcastic note: after five years of hurtful sufferance by Manhattanites Federal

Prosecutors felt a sense of emergency urgency in dire need to vindicate the citizens of the
Southern District>

38
 “Bookiefer” was proffered 6/4/2001], whose
simple narrative of a true event timeline were
not incriminating enough42 for federal bad
apples, the “foul” zealots.

Their lawyerly racket went probably as

follows: first, AUSA Harris “marks” the
factual and temporal latest specimen as “GX
301” (Snapshot “8”) as – hypothetical -
proposal (despite a bizarre mismatch of 10
₵ents higher pay-out): “on 6/17/1996, this
farkakte bulletin [GX 301] caused check #86407
[GX 302] to issue on 6/18”. Harris’ presented
clear learned facts willfully assbackwards,
bad faith met mens rea and federal
philodyslexia caused a tripling43 of
“culprits”.

42Kiefer recounted that she first paid out on 6/18/96 $8’120.10 (Snapshot “5” GX 303)
upon the CEO’s written instructions (6/17/96), and that she had not received (a 10 ₵ents
shorter) “Agate Invoice for $8’120.00” (Snapshot “6” GX 301) before 6/24/1996 the
internal Burda Laser print-out of a - ergo proforma - voucher which she took as
perfunctory suitable to backdate, mark “PAID” by 6/18/96 and thus – ex officio – paper
over her earlier payout – sans - support. Kiefer did so voluntarily acting without “Viertel’s
knowledge or consent” as functionary book-keeper and Cashier, allocating each outflow
and the $8’120.10 outflow - fatal to NYSD’s post-mortem retro-fit, counterfeit crime theory
- was allotted to BM’s own [intramural, intrastate] office operation expense, and was not
debited to a foreign client and certainly not to Burda Holding GmbH & Co. KG.

43 Last minute “Case” change “main Subjects” message by FBI:

39
 Observers say that this was a DOJ routine
ruse, part of DOJ’s “Lucifer culture” singled
out by CCIs and by ex-law clerks, by unlawfully
extending statutory limitations, by a
conspiracy whose scofflaw object was to shoo-in
time-barred, supposistory “relevant” conduct.

A Grand Jury room is officially filled

with presumptive innocence and not ham-
sandwiches, on Pearl Street, bad faith ran amok
with prosecutors purposefully incriminating on
a distinct forward view at extra-post-verdict-
sentencing.

40
 These specific incriminations are
confederated to disarm “Probation puppets” and
to green-light wanton extra-judicial overreach
into the “enhancements” box under each bench,
which expertly settled America’s disreputation
as World’s Mass Incarcerator.

Again for the unfamiliar: Kiefer,

admittedly, back-rolled (no “big” deal for
Cashiers) her PAID stamp twice – yes she did,
back-stamp to 6/18/1996 to routinely “repair” a
timeline discrepancy caused by a 6/24/96 print-
out of what- who would have guessed - 5 years
later, was to turn into “GX 301” (Snapshot
“8”).

In fact, “GX 303” (Snapshot “7”) was the

sole true, crime-free, “heeluva-
unconspiratorial” pen instruct CEO Blumenberg
gave “Ellen” to pay out $8’120.1044 (yes, “10
₵ents” more) just like that, without a
REMITTANCE reason stated.

Kiefer’s Check issuance – GX 302, below –

was free of evil conspiratorial intent and more
free of qualities, hints, a routine not
suggesting reimbursability. The vacuity inside
“Remittance” box is evident. No Invoice or

44

41
number means exactly that: no invoice on hand,
no number to refer to on 06/18/1996 and no
conspiracy. Overt act dead.

Kiefer/Pollacek had simply followed their

CEO’s crime-free authority to instruct a
generic disbursement [GX303 Snapshot “5”] and
paid by check [FN35]. Weddle, Harris and the
FBI squad were apprised about this five year
old timeline of utterly crime-free events,
plain and simple company business, but these
federal folks made a bad choice creating a
vortex of government fraud upon Jurors,
defendants, families and the clueless public
for reasons this OPR REVIEW, or if not
sufficiently impartial, judicial follow-up must
establish to further societal understanding and
highlight urgent changes to be made in DOJ
operations, the PUBLIC has a right to know once
the rule of law returned.

Sidebar: These folks consciously avoided

accepting reality because reality and facts
would ruin their super prejudicial, zaftig,
verblandzhet, last minute, corrupt crime
theory. Harris propelled their bad scheme by
rigging it and later leagued with Marcia Sue
Cohen, HLS-alumni suggested, just as they had
learned at HLS and the school’s “trayf-
hamsandwich-course”: Jurors are just clay –
Prosecution, as a modeling course.

FBI’s C-12 squad “loyally” stood by, mens

rea ready as a cocked gun, unwilling to stop or
tame Team-USA’s aggravated misconduct, and they
never called the hotline. The FBI’s “brave

42
 middle finger salute” [sarc] to society
furthered Grand Juror’s deceptions, they
eagerly followed USANYS’s lead, as purveyors of
iniquity. But Comey, deeply involved here as
USA, still, 2015, looks elsewhere for “bad
folks” <see Comey @ Brookings laughable
“goin’dark” ruse on cell-phone backdoors> and
fails to stop serious criminals ascend to in-
house careers.

FACTS NECESSARY TO UNDERSTAND THE ISSUES: Numbers

games exposed: The Audit was not a technicality or
prosecutorial oversight 4¼ years after it issued,
because the putative fantasy “victim’s” audit certified
at ¶845 that, by routine, all “accountancy reports”, the
substantive export-mailings, are delivered exclusively
to BM’s, Offenburg-Germany, back-office contractor
“Burda Dienstleistungen GmbH”, a SAP® equipped “CPA”
contractually paid by BM - via Burda
Verlagskoordination GmbH (see audit ¶19).
BM paid huge fees= $776’757.99 for 1995/1996 for
the <above> billing services, mark-up assessments,
incasso and coordination. A Pauper, BM was not.

45

43
 Still, DOJ morphed their fictio “victim” (USANYS’
jurisdiction grabbing deception) by abracadabra into
poverty to fabricate a case.
An Original of the accounting service contract was
at BM’s Office and in Roger& Wells’ custody since June
1997 and therefore, by extension of subpoena, also at
the Grand Jury in 2001. So – one would think, but not
in fact. Team-USA picked and choose papers in this
unfair game, and this <damn> accounting contract was a
red herring and was deep-sixed accordingly by the
prosecutors.
Willful disregard by docile FBICOS followed
because, evidently, material operating expenses would
nullify the “poverty label”, ab initio, detrimental to
USANYS’ scam to fabricate “catch-all crimes regardless
of a lack of real victim”. There was no local victim,
and Burda Holding was a client, not a financial
sufferer of NY operations.
It was USA’s conscious disregard of powerful
exculpatory bombshells overwhelmingly detailed and
certified, and in USANYS custody which nixed their
“victim” baloney by a simple, BM’s own – so called:
“Brady audit”.
G.) To Wit: Not a single page of BM’s [raw
collection] accountancy documents would ever
be transported to “Burda Holding” [Holding was
a $260k service client of Burda Media: see
audit ¶12]. Rather, month-end exports
travelled strictly BM’s own billing-
accountancy contractor. Thus, a purported
“§1341 Mailing Charge” [was heinous nonsense,
ultra-statutory smoke which (nunc “Chair”)
White and later (nunc FBI Dir.) Cuomo
authorized, and signed off for unlawful

44
 presentation of a confederated deception to
Grand Jurors. Whether a majority of Jurors
ever bought into it, is more unlikely than
ever, but still concealed from inspection.
Furthermore, the mail ruse was coequally
contrary to BM’s “shipment” embargo FBICOS
knew of because all June accountancy materials
were on BM-office-HOLD at NY’s Sixth Avenue.
The embargo kicked in mid-June-96, and both
GX303 and GX 301 did not depart NY by any
third-party means, not a “Delivery by
international freight company… to Germany”
[White46/Comey’s puerile take on domestic mail
fraud substance mutating transatlantic,
intra].
Later, neither at Blumenberg’s “cop” nor
at Viertel’s trial was any mail-out-proof
presented, but in perfect NAPUE violence, both
AUSA’s and FBI knew, or should have known,
that GX 301, the $8’120.00 bill (or any June
matter] never left “pauper victim’s” BM’s two
luxury floors at Rockefeller Center, let alone
on 06/28/96 via an “exclusively pre-qualified
interstate carrier” [sarc]. “Pauper rents @
Rockefeller” is cute, and should have given a
hint, that something was deeply rotten, and
not in Denmark.

46Mary Jo White authorized on 6/19/2001, her staff backdate aside - different versions:
¶1: “ [1.] On or about June 28, 1996, via international commercial carrier… sent to
Germany” versus page ¶11: “…via an international freight company”, either one version
coequally void of the 4th mail fraud element and void of mail jurisdiction, insanely outside
the domestic mail statute.

45
 Commentary: Once, step after step with Burda
Holding’s strong assistance47 the DOJ’s revisionism of
Blumenberg’s 1996 conduct was exposed, facts and
testament were brought to Koeltl’s [uneager48] judicial
attention, because Koeltl had long ago converted into
DOJ’s Court usher [hopeful to reach a “Macer” position
one day]. Despite statutory flaws, temporal
unworkability and time limits- proctors ruthlessly
pushed criminal envelopes around in reliance upon the
viable bad faith of a hoodwinked, scoff-law, judicative
nomenclature that would appear biased to blind persons
by i.) Aid and abet49 federal violators and condone

47Burda Holding GC, Prof. Schweizer, certified to JGK that Blumenberg rebated his
director’s compensation and refunded millions before 2001’s USANYS criminal pursuance.
JGK belatedly struck his bogus Restitution orders vs. Blumenberg and Viertel, after a
decade of nefarious USANYS obstructions. Obviously, both sentencing enhancements were
malicious.

48Koeltl ordered Pitman to “R&R investigate” whether Blumenberg was “fully paid up on
restitution”, another judicial sentencing ruse, was finally blown into pieces. Not after
Pitman had thrown a curved ball and upheld – at Cohen’s urging – the disputed but
remaining restitutional obligations. These were bogus initially, and BURDA blew them up.
Koeltl reluctantly conceded, that Blumenberg was fully paid long time ago, in fact before his
sentencing in 2003 Blumenberg had refunded more moneys than Burda overpaid in
bonuses and profit share. Koeltl ordered Blumenberg’s new CJA , Alan Nelson, that Nelson
was not permitted to review or raise any other – deeper - issues than the paid-money
dispute with his Court. Nelson reported on Koeltl’s obvious fear of exposure that his
restitution ORDER and Judgment were improper.
49
First proposed in 1976 by three of the most prestigious justices of the U. S. Supreme
Court, Justice Byron White, joined by Justices Brennan and Marshall wrote in a dissenting
opinion to "Imbler v. Pachtman,”: "I disagree with any implication that the absolute
immunity extends to suits charging unconstitutional suppression of [Brady] evidence. . . .
Unlike constitutional violations committed in the courtroom, the judicial process has no
way to prevent or correct the constitutional violation of suppressing evidence. The judicial
process will by definition be ignorant of the violation when it occurs; and it is reasonable to
suspect that most such violations never surface. It is all the more important, then, to deter
such violations by permitting damage actions under 42 U.S.C. 1983 to be maintained in
instances where violations do surface."

46
flagrant felonious acts in his presence ii.) Later
rubberstamp and stonewall the “bejesus” out of getting
caught violating a judicial oath and trampling due
process. This teamwork raised ethical, legal, and
separation of power questions about xenophobic,
jingoistic proctors committing constitutional
violations while under strict duty to disclose any
information that would mitigate or – as here – flatly
exculpate two aliens.
Aliens [as Blacks & Indians] are subject to routine
disrespect & discrimination by federal agencies and
Courts.
American “temp-defendant” John Lee, lawyered-up
first class, was nolled
[https://de.scribd.com/doc/310093270/not-guilty-as-
charged] per Weddle/Comey, out of a “blue sky” on
7/2/2002.
In fact, secretly and under a dark cloud, id est
that Lee’s atty “Dick” Zabel (now Bhahara’s Vice)
smelled a familiar foul stench rising from his (former)
USAO barn. Zabel “threatened” JGK with a Grand-Juror-
Misconduct probe in late June 2002, and had Lee’s nolle
one week later. JGK, Court usher, could certainly not
permit added sunshine upon scandalous malfunctions
inside his or Grand Jury chambers.
H.) To Wit: Because of Weddle’s know-how-what and
why Lee’s nolle was issued, USANYS supervisor
Canellos made a strategic rochade to pull
Weddle off 571 but still proceed with
violations for “selective – alien -
prosecutions”. Canellos assigned Marcia Sue
Cohen [MSC] to further the unconstitutional
prosecutions with new zeal.

47
 I.) To Wit: In fact, re §1341, MSC directed FBI’s
(mens rea integrity squad) C12BQMRA “not to
investigate APEX Air Freight Ltd’s office on
Sixth Avenue and not to depose APEX owner
Howard Balmert in West New York. FBI folks
“traced” APEX on NCIS to be a Delaware “shell
company” without carrier licenses and
unregistered for doing business in NYS. APEX
was an out of state messenger50 simply
unqualified as “interstate carrier”.
USANYS knew that APEX was at best a gypsy-
van venture running errands [plus NY-Times’
print-copies for export] to foreign airlines.
USANYS also had positive knowledge from
Kiefer/Polacek, that BM (never retained or
paid for export shipments) was not in 1996,
nor in the past, “Export-Shipper on record”.
APEX was shipper while consignee was a Munich
based M&M Logistics [under contract with Burda
News Group]. Post-trial, APEX’ officer
affirmed, that APEX was a registered agent for
foreign carrier –Lufthansa- but not licensed
nor acting as a bona fide interstate carrier
in 1996 or before. Thus, USANYS’ team had
scienter that a §1341 charge was an absurd and
bogus charge under color of law. USANYS
deceptively presented and unlawfully made
false instructions to jurors on the
sufficiency or rather the lack of the carrier
criminal §1341 element.

50See US Attorney manual in re “what is a jurisdictional “interstate Carrier” , Prof Henning ,

the King of Mail Fraud, explains to USAOs: “messengers” not permitted for “mail fraud
charges”

48
 Still, USANYS conspired to conceal, and
substantively deceive Grand, Petit Jurors and
the Court over this fatal jurisdictional
defect, that nullified all dummy mail counts
ab ovo, and nullified huge sentencing
enhancements based upon conspiracy delusions
over 10+ year’s previous irrelevant – crime-
free – “export shipments” of Cashier bulletins
and paid vouchers. These paper shipments
consisted of routine reports prepared for BM’s
German-based billing agent 4000+ miles far
beyond any “Interstate” border. JGK doomed his
reputation with bogus preponderance based upon
his scienter position. §§371/1341/1343 were
Courtroom delusions.

Commentary: “Conspiracy” §371 is a cure-nothing,

deter-nothing DOJ-snake-oil-potion that mal-
practitioners been dispensing despite a world-wide ban
on such abusive and imperious law concepts elsewhere,
but America’s USDOJ pre-selects a few captive, docile,
robed lifers to officiate over prosecutorial scams by
fooling accused and jurors and silencing [pushover]
FD/CJA-defenders.

Time is ripe that DOJ’s malpractice squads overdose

on their own innumerous §371 violations committed
here51, and that DOJ’s bad apples [or where they

51 Other courts have noticed these problems as well. Just in the last six months, both the
Fifth Circuit and the Sixth Circuit have questioned the conduct of those employed by the
Department of Justice. United States v. Bowen, 799 F.3d 336 (5th Cir. 2015); In re United
States, No. 15-3793, 2016 WL 1105077 (6th Cir. Mar. 22, 2016). The Fifth Circuit went
further and suggested that not only was there misleading conduct, but the conduct was
followed by an inadequate investigation and a cover-up. These are just two of an ever-
growing number of opinions that demonstrate the lack of ethical awareness and/or
compliance by some at the Department of Justice.

49
practice elsewhere] finally be held accountable and
removed from further practice of law.

Ignoramuses, Pilates, washing sooty judicial hands

in delusional innocence are also registered bar
associates, “Hizoners” on lookout for deniability of
Courthouse scams, like bogus ink off fake rubbers [Melanie
L Lopez] of unborn “Clerks”52 which they ink-abuse to
deceive, manipulate, disgrace and invalidate public
records and a few pseudo Arrest Warrant [i.e.
Blumenberg’s, Lee’s and Viertel’s], that never cleared
judicial muster. In this complaint, there are a myriad
of judicial misdeeds to correct.

Prejudice by DOJ operations is strictly prohibited,

to conceal prosecutorial trespass and to oblige the
judiciary for protective shields aggravates not only
Napue-Jencks-Brady-et-al conduct, it also enhances the
sanctions measures for use of more than minimal
planning, leadership role and sophisticated means.
Multiple exculpatory facts of “571” seemed not to trip
up a crooked prosecutor once willpower met overflowing
criminal energy for gaining – most likely - pecuniary
and/or career advantages. Bad apple proctor’s meet
“ethically challenged” judicial department staffer’s to
create conflicts with due process and against the RULES
of Fairness in justice proceedings. QED.

52
DE#315 in 01-571-3 Memorandum of DENIAL: “The Court has received the attached
submission, which purports to ask for various documents, including grand jury records,
and asks for someone to "show cause" on various issues, including whether "clerk Lopez"
was a "living clerk." The application for orders to show cause is denied. SO ORDERED. (by
JGK on 1/30/2014)

50
 This fiasco at the Nation’s Mother Court is not a
new discovery and is not a surprise to jurists, court
reporters and observers or to – we suspect - DOJ’s OPR-
review-teams, who, as impartial jurists of reason, must
accept as true all fact statements and all factual
verifiable data/ records/dockets/details a sworn
complaints contains and must draw all reasonable
inferences in favor of the Rule of Law and in favor of
complainants.

Predilection for OPR dismissals would signal

systemic breakdown. The Rule of Law would lose versus
egregious long-running prosecutorial abuses of Grand
Jurors, versus perversions of Grand Juror resolve, and
versus counterfeiting records and arrogantly ushering
“un-returned” Potemkin charges as if pseudo “harm”
required a federal cure of bogus vindications for the
unharmed United States. These proctors reduced a
defenseless Nation by proxy to a spurious hypochondriac
crying “wolf”.

J.) To Wit: FBI-Dream-Team-USA “Priority” messaged

on 6/15/01, via interstate wire three
substantively false and unlawful transmissions
(Snapshots “4 + 5”) containing deliberate
false contents and deceptive information and
more than 14 bogus and un-official documents
they crookedly “attributed” to the “Southern
District of New York” to FBI-field offices NJ,
CT, and FL. The squads intent was to deceive
other FBI residencies.

i.) Under color of law, C12BQMRA included

three counterfeit, feckless arrest
warrants, drafts created by Harris and
masqueraded with a novelty rubberstamp

51
 of an autograph of “Melanie L Lopez” [sic] a
fictional “character” [locked up in the
Clerk’s office at NYSD]. These messages
were visibly drafted and approved by
two or more C12BQMRA Doe’s in a state
of moral bankruptcy [names redacted by
DOJ/FOIA staff]. True Due-Process-
Deniers, like Harris, are baselessly
arrogant, fingernail biting, HLS
pruned, and care little for judicial
approval, they muster enough hubris to
extra-judicially brand three innocents
as wanted “FUGITIVES (A)(B)(C)”, to
reach a desired result in the dying
moments left for Team-Harris. All wire
would drop June 18, 2001 midnight,
24:00h, and Team-Harris feared that
deadline [early birds catch worms but
not Johnny-come-latelies].
ii.) There was absolutely no logical reason
for Team-Harris to foment three bogus,
criminal FUGITIVES SCAMS “once an
indictment was returned, was “brought”
before a bench, because the running
statute of limitations is tolled as to
the charges contained in that
indictment” U.S. v. Ben Zvi, 242 F.3d at 98
(quoting U.S. v. Grady, 544 F.2d 598, 601 (2d
Cir. 1976)) .
iii.) Apparently, Harris and Weddle sought to
“short-stop the clock on 6/14/01” in
view of and with more than minimal
planning to avoid a fatal failure to
have “found” an indictment by the last
day of the statute of limitations [U.S.

52
 v. Ben Zvi ¶ 89, 97 CA2 2001] then the
indictment is time-barred unless USANYS
established that it effectively tolled
the SOL, and it is USANYS’ burden to
show that three defendants were
“fleeing from justice”, and were not
just at home. QED: no indictment was at
hand
iv.) There was absolutely no logical reason
for an honorable set of prosecutors to
hand the FBI 14+ pages of unsigned,
unfiled leaflets - proposals for a
future “Indictment” or “arrests” at
best, if only Team-Harris had a real
TRUE RETURNED BILL in possession. A
real BILL, upon judicial return by a
Foreperson, lawfully filed on 6/14/01
and maybe – by chance – also “sealed”
[if a real fool would give credence to
571-DE#1] would suffice to validate the
FBI’s claim of “SDNY RETURN” one day
before, “6/14/01”. Instead, Team-Harris
enclosed fake pamphlets, and
demonstrated bottomless bad faith, and
extreme misconduct.
v.) There was absolutely no logical reason
for the FBI to brag about “issuance” by
SDNY of arrest warrant[s] when FBI-
Squad-USA knew best, that Harris was
impersonating a federal Court. Team-USA
has nothing more to show for than an
empty <blank> judicial autograph box
which “HON: Michael K. Dolinger”
certainly, visibly did not ORDER or
touch 6/14 or at anytime (Snapshot “5”)

53
 because he was unassigned, uninvolved
and moreover, not even or on record.
[H.Pitman was not in the building on
6/14]. Jurists of reason safely
concluded that reasonably healthy,
sober, sworn “Magistrates” would not
sign three Arrest Warrants without a
debitable record for probable cause, a
filed Pacer “mj” case affirming “Valid
Return of an Indictment”, and would
surely not sign for “arrests” in
Districts outside his limited
territorial jurisdiction.

Alas, Hon. M.K. Dolinger signeth naught.

vi.) Faced with Dolinger’s prudent

résistance, Team-Harris’ made a willful
bad decision to “finagle a tchotchke
stamper” and proudly bedizen his
attorney work product - three
daydreamer Arrest applications –
(Snapshot “5”). The result is visible:
more official collusion, ink-boarding
and atrocities when Harris inked up the
unborn clerk’s rubberstamp [Melanie L Lopez], a
rubber-autograph53.
vii.) Harris was not his “friend”, CCI’s say.
Harris pulled his own prank with enough
zeal and carelessness about the laws of

53Rubberstamps (!) which fellow Bar-associate James Parkison, Esq. [Chief Clerk at the
Nation’s Mother Court] tailored at a NJ stationary, introduced into his Courthouse office
and kept on hand for – most likely illegal - “emergencies” and for “pranks and friends of a
Chief”[sic].

54
 the land, less worried about NYSD’s
territorial warrant boundaries. Harris
was predisposed to throw a full dozen
out-of-state FBI goons under a bus and
back up, and Harris was willing to
deceive FBI goons into breaching
constitutional guarantees of freedom
from false54 arrests.
viii.) Not even [myopic HLS-]lawclones would
risk three bogus FUGITVES labels on
6/15/2001, if they had successfully
dragged Grand Jury Foreman Rehm on
6/14/2001 into Court to “RETURN” a true
bill on time. On 6/19/2001 “Sheriffs”
White, Harris and the FBI filed AO 257
with the NYSD, repudiating their bogus
“FUGITIVES” labels of 5 days earlier.
(Snapshot “3” USANYS Court filings)
ix.) Not even Justin Weddle [as Mister
Overreach - later dethroned as
Aleynikov hangman], would have exposed
himself and permitted the FBI to
“enclose” a bogus, 11 page, devoid
Grand Jury proposal, an proctor work
product draft, and to label these
worthless papers “Indictment” unless
delusion took another hostage. [“legal
sufficiency of an indictment is
reviewed de novo” See U.S. v. Bolden,

54 FLSD USA Acosta wrongfully asserted to DJ Middlebrooks in his Bivens FLSD 05-80561
defense, that the Palm Beach FBI was not guilty of a false arrest on a false “Warrant”,
because FRCrP 9 provided 2001 that under 9(b)(1) a warrant must be “signed by the
Clerk”. USAFLS pretends to have been unaware that a rubberstamp was used and not a
“must have” signature and, second, that “Melanie L Lopez” was a fictitious Clerk’s prank
autograph.

55
 325 F.3d 471, 486 (4th Cir. 2003)], or,
more plausible, unless corruption took
hold at USANYS.
x.) Not even Mary Jo White would authorize
Harris to crook three “A/Warrant
drafts” to be decorated in lieu of a
HON’s “sig” with a counterfeit novelty
stamp of “Melanie L Lopez”, unless White was
comatose, or under the spell of yet
another amoral bar specimen [suspect:
Mark Pomerantz, Bar 1360783] obliging
the USA to act [or else he would lose
fat dumb client funds from abroad].

In fact it is OPR’s obligation to

produce reasonable motives for this
extensive collection of prosecutorial
misconduct done under color of authority
and probably color of “green”.

K.) To Wit: Team-USA had the same knowledge basis

as higher-up actors under the authority of
DOJ, namely that the “wire fraud charge[s]”
was bogus in that the late June-wire was a
Forex-wire of BM’s beneficially owned – USD
converted - German liquidity that had no
economic and therefore no identifiable
furtherance thus irrelevant to criminal
activity and lacking a furtherance element,
the “Brady” audit has no space for “incoming
wires”, simply because GAAP rules disregard
intra-mural transfers if such transfer-wires
are without economic impact and do not alter
asset values. Moreover June 1996 wire did not
“fund” liquidity for Check-payout $8’120.10 on

56
 June 18, 1996. Funds, thus cash-flow for this
June check arrived at BM’s Chase account from
Germany around January 18, 1996 – an expired,
long time-barred date [in 3 equal chunks55 of
$349’000,-].

L.) To Wit: “Case 01-571” – Pacer confirms the

inauguration date - OPEN FILED not earlier
than 6/19/01. OPENED, without “mj” priors and
without magistrate assignment. No “Pitman” and
no “Dolinger”.

Consequently, Pitman was without

jurisdiction and without wherewithal to
“UNSEAL” or to “blow a fictitious seal”.
Pitman was unauthorized to tamper with any
part connected to 571, less to hallucinate
over a phantom “Sealed Indictment” without

55Burda Media “Americanized” some of their overseas liquidity whenever USD/D-Mark

FOREX exchange rates were held to be convenient to BM and to keep a sufficient balance in
NY Chase

57
 INDEX register, without Courtroom,
unreturned56 to nowhere or a non-existent
Judge, who improbably could have seen live
action five days earlier, on 6/14/2001.

Clear absence of a single calendar event

match on date 6/14/2001[judicially NOTICED by
NYSD Pacer Records see link: http://bit.ly/1VjrSgG ]
is sufficiently clear evidence that relevant
courtroom process over “Unknown Defendants
I,II or III” did not occur. Fictitious events
are, by definition, not found on Pacer’s event
database [except in 01-cr-571 DE#1 unsupported
“text-entry” and DE#2 <magic seal blown off>].

Side Bar: Logic supports that subject prosecutors

must have had enough skin in this dirty ploy, as a
plausible motive to risk their – likely mediocre -
legal careers. Their ruse was not plotted to benefit –
or make whole – a NY foreign owned (profitable)
business corporation. Also, the FBI squad was “all in”
to the ruse, in view of Secretary of NY State Register
that BM was not a “not-for-profit” entity, but a profit
business licensee.

Eventually, caused by USANYS’ ruse, BM incurred ≈

$4+ millions net losses since May 2001 because of
unashamed “malpractice and super-billing” [Burda lingo]
by their “counsel” the “Magic Circle” firm Clifford
Chance at a rate of $1500/hr. The firm was solely
retained to review operations and suggest controlling
changes for BM but was not authorized to construe, much

56During direct Appeal, a CA2 staff attorney raised issues over prejudicial Indictment
tampering and dating mischief to panel member C.J. Miner, to be swiftly reassigned to
another matter within days by appellate bureaucracy. Per CA2 internal records reviewed
by a whistleblower.

58
less commence a civil “RICO” suit57 against Blumenberg
et al (Blumenberg was immune from all NY venue suits,
due to his “exclusive venue clause” in favor of the
Munich Courts and German Law), and Clifford Chance was
not retained, nor permitted to transmit self-serving
criminal referrals, and was less authorized to
selectively disclose confidential BURDA issues behind
their client’s backside (a fact explained by total
absence of BM or Burda Germany officer testament or
affirmation of a “loss statement” to Court or to US-
Probation).

Given BM’s routine “profit center”, arms length

business model, BM earned 110+% margin on every gross
expense, Rockefeller lease or operation cost regardless
whether Blumenberg used inflationary trickery or
executive deception. That was the raw deal. Every $1.00
expensed earned BM ≈$2.10, in principle. 25+ Overseas
Clients bore all operational risks at all times. The
clients got stuck with Clifford Chances’ huge fee
damage and now consider the opportunities for a “fee
claw back”.

M.) To Wit: Kiefer – Harris’ immunized “Treasurer”

since 6/04/2001 – recalled that she identified
her BM job function correctly as “Treasurer”,
because of her routine management of BM’s
treasury and liquidity, a job function
contrarian to the government’s absurd
hypothesis of “BM’s absolute poverty and
dependence upon foreign charity”.

57 By happenstance, Roger Wells Clifford Chance NY LLP fatally botched FRCP Rule 4
“SUMMONS” form for 97-cv-7167 by omitting the required “name of court” from the
template, fatally blocking Judge Sweet’s jurisdiction ab ovo, and must now face a claw-back
charge for unearned fees .

59
 Prosecutors did not tell her, but she knew
they plotted to not admit her job function and
it “bothered her”. Later, in 2002, Kiefer
resisted MSC’s high-pressure tutoring attempts
[sic] to outright lie, she capitulated by
concealing BM’s rich treasury and BM’s
substantial earnings from BM sales. She knows
that she deceived Jury, defense and Courts,
she also concealed BM’s mid-June-96 shipments
embargo [received as telephonic instructions
from Christian Hirsch and Wolfgang Maginot to
stop BM’s month-end-shipping-routine of
account/docs, prior to 6/28/96]. Kiefer kept
quiet about her and Pollacek locking all
documents under HOLD until Hirsch/Maginot
could reach New York [by 9-Jul-96].
Hirsch/Maginot were to inspect original
accounting records for June [a HOLD that also
stopped transport for GX 301, 302 and 303, see
Snapshots, intra]

Consequence was, that Kiefer did not ship

any papers, not by “international commercial
carrier to Germany” or otherwise in compliance
with German instructions, a fact she detailed
first early June 2001 to FBICOS in presence of
Harris and Weddle. After late summer 2002,
post Lee’s “nolle” and USANYS’s WeddleCohen
rochade, Kiefer regretted her lack of candor
and unclear words during trial statements, her
economic insouciance and her reluctance to
highlight BM’s fat earnings and June 96’s non-
shipment HOLD as witness. Harris and Cohen
mislead her as [crown]witness for their bogus
prosecution.

60
 N.) Back to 06/19/2001: The “White”-Team was
factually empty handed58, not only on the
bogus, “mail” Count [ruined by BM’s ship-
embargo], but also on the “wire” Count’s
temporal [months too late]failure, and worse,
effectively out-of-conspiracy “luck” since
both underlying “objects”, the substantive
“mail” or “wire” counts were untenable
objects.

i.) Ct#1 “charged” for an “ill will” pseudo-

mailing of an $8’120.00 proforma accounting
voucher (an intramural cover-up for a
previously completed, successfully
completed59, non-refundable final
disbursement to Agate Realty). A voucher
not yet drafted by BM and not yet printed
on BM’s Laser (it took a week until
06/24/1996 to print and file), and,
axiomatic, due to that one week printing
delay of GX 301 until 6/24, GX 301 was
unavailable to be “submitted” to Kiefer
and, consequently, had not “caused” Kiefer
to write and emboss BM’s check for an

58“The Government would satisfy the statute of limitations for conspiracy if it can
truthfully establish that a conspiracy operated within the five-year period preceding the
indictment and that a co-conspirator knowingly committed at least one overt act in
furtherance of the scheme within that period. U.S. v. Salmonese, 352 F.3d 608, 614 (2d/03),
outside that period , USAO’s luck ran out.

59Black letter law states that mailings after a completed payment transaction are not
§1341 violations, a precedent which caused USANYS to fabricate an absurd theory under
which the $8’120.10 payment was not completely consummated, but in “processing” via
Munich. This type of pseudo juristic contortions by stretching federal laws commands the
most serious sanctions as aggravated prosecutorial misconduct and fraud

61
 amount that was actually 10₵ents higher
[$8’120.10] than was GX 301. None of these
strong exculpatory 1996 facts DOJ
malefactors wanted known and their
supervisors’ collective failures allowed
justice to be miscarried by USANYS’s pall-
bearers.
ii.) On 6/17/96, Kiefer was duty-bound as
Cashier & Treasurer to follow her CEO’s
“handwritten” instruct [Snapshot “7”] for
an $8’120.10 payout60. Viertel was 3500
miles away in France.
iii.) In furtherance of official misconduct,
Team-USA willfully dropped: “Embargo HOLD”
from their FBI 302s and from FBICOS’s
“scribbled notes” to not “crucify” the
bogus “§1341 mail” and the insane
“furtherance” charge they had concocted.
Since, Hirsch and Maginot testified (to
German Police and Burda) that Kiefer
complied with their mid-June 96 strict
embargo command and because of the
effective HOLD they were able to obtain the
(numbered61) Originals of June 1996’s Cash-
Report, incl. both, Blumenberg’s $8’120.10
original pay-out instruct and the – later -

60 Kiefer found it “cringe worthy” for the USAO to ludicrously pretend that she would have
issued a Check for a higher amount than called for by her CEO’s instruct, more clear
evidence that USANYS’ “charged” proforma for $8’120.00 had not existed on 6/18/1996
while she paid $8’120.10.

61“If there was a number on top, it went to Germany” Trial Tr. 629-30 of 9/20/2002 Kiefer
crooked the Court (unless she meant, without clarification, that “went to Germany ”
actually was by hand carry of Dr. Maginot on July 19, 1996.

62
 $8’120.00 proforma “invoice” to cover for
latter.[GX 303 and 301)
iv.) All originals were hand-carried by Maginot
onboard Lufthansa flight to Munich
≈7/19/1996. Thus, 5 years later, June 2001,
USANYS’s “mail/wire/371” counts push was
entirely bogus and was “willfully
misconstrued” regardless of the cost to
Grand Jury reputation and process.
v.) Ct#2 was the equally bogus “wire” charge, a
preconceived fabrication by Harris and
Weddle in confederation with supervisors
including G. Canellos that was falsely
underpinned, rather hoodwinked by FBI’s
squad. The “mail” accusation was contrary
to Kiefer’s asseveration to the same
FBI/USANYS that she was to routinely
prepare BM’s June-96 Operating-Cash-Report
[month-end Kassenbericht] for BM’s
Offenburg-based back-office-subcontractor,
but HOLD and retain all ledgers and
documents (including Blumenberg’s $8’120.10
pay-instructions and the subsequent
$8’120.00 proforma62) until Hirsch and chief
auditor Dr. Maginot arrived on Lufthansa to
prepare63 an on-site NY audit review. The

62On voir dire and later on cross, Kiefer clarified that she did not receive an actual “Agate
Reality” invoice (GX301) until after she had executed the check payable to “Agate Reality”
[Tr.290]

63 In fact, Burda Media had retained Rogers & Wells LLP [R&WL] - soon after a defund firm
- to “investigate local office procedures” once Hirsch, as their client, arrived in NY –
07/09/1996. R&WL faxed several “June Cash Report” documents – among those the above
“already paid pay instruction and proforma Invoice to Burda Germany’s General Counsel,
Prof. Dr. Robert Schweizer’s fax machine on 07/03/96 for a 07/06/96 Burda Management

63
 review occurred as planned at BM. The
results were part of BM’s audit report,
later sarcastically referred as “Burda’s
Brady” audit. USANYS’ “wire-fraud” charge
was equally bogus, deceptive, illogical and
economically delusional, because USANYS
knew, or should have been informed of FBI’s
“investigations” not only from Rule 6
corporate materials’ disclosures, that
putative “victim” Burda Media was not a
victim at all, was not a branch [not a
Betriebsstätte], not an appendix, not an
agency, not beneficiary of charity or a
subsidiary and was not controlled by Burda
Holding GmbH. & Co K.G. at all relevant
times. BM did not receive any “funds by
wire” from Burda Holding64, in particular,
no funds in 1996 and no Holding funds via
the “charged” wire [the wrongfully charged
wire was an intra-company BM FOREX
transaction of BM’s own funds, held by
custodian Burda GmbH, and was utterly
without economic relevance, furtherance or
criminal ado].

Comment: It can hardly be argued that blatant

constitutional violations cause more societal harm than
a delayed proforma printout that never got “mailed”

meeting in Munich during which Blumenberg resigned his commissions, assigned his
shareholding and Pres/CEO functions at Burda Media New York.

64“Wire details” from BM’s banker’s Chase were available for the FBI and showed for the
subject wire, that the “SENDER” was “BURDA GMBH” , and not “BURDA HOLDING”. BURDA
GMBH was BM’s custodian and collection agent.

64
overseas, or a ZERO-SUM wire that moved Dollars out of
German Marks without economic relevance.

Federal jurisdiction remained safely out of reach

to this date. Still, under a more than clear lack of
standing, AUSAs Canellos, Harris and Weddle caused NYSD
clerk Mollinelli on June 19, 2001 to tamper with a
NYSD’s “FILED” datestamper for 5 days backwards move in
order to pretend a bogus “filed” date – U.S. Flag day -
June 14, 200165. That earlier, fake date, however, never
made it into Pacer’s case-inauguration template for one
perfect reason which AOUSC provided: the “ecf-system”
has a safety script, which does not permit retro-
activating “cases” during the initiation process. Case
571 was initiated 6/19/2001, etched in ecf-granite on
Pacer screens.

Argument: The “falsified dater” cooked the original

and – manifestly – unsealable and unsealed pamphlet
branded “Indictment”. The desirous white-collar-case
was jurisdictionally demolished by overzealous
plaintiff attorneys at the get go and beyond salvage.
Proctor’s maneuvers demonstrate utter disrespect for
Grand Jury process and aliens that is neither novel,
nor surprising nor extra-ordinary: in fact, it is par
for the USAO at the Nations Mother Court, a view, a

65 Just in case of doubt, (Weddle & Harris) should have been aware – says AOUSC, that no
“INDICTMENT” is any closer to a “RETURN”, to “Tolling” or a “SEALER-Job” if plaintiff
actors “pre-book an Index Number” until that “Case” is “FILED” on the ecf-system after a
“RECORD” by judicial act: Pacer is clear cut and incontrovertible for 01-571 = 6/19/2001
(and not 6/14/2001). The AOUSC confirmed that ecf “Case Opening RECORDS are time-
stamped and cannot be backdated”.

65
majority of virtuous jurists shared with us. Disgrace
has become culture and methodology.

Prosecutors confederated a FAKE SEALING enterprise

that did not produce a SEALED INDICTMENT on 6/14/2001,
accordingly, actors for the government, after repeated
demands, were egregiously unresponsive and evasive to
disclose [not even] the requisite Court Application for
“Leave to Seal” which USA White and AUSAs Harris/Weddle
must submit to obtain a SEAL. The District’s records –
including [mj] Magistrate records - are empty for that
day and any later date. The Court’s SEALED RECORDS ROOM
has no log-book entry, their “vault” remained empty on
6/14/2001 and later resulting in absolute vacuity. The
government’s daring SEAL scam finally blew last year
(2015) upon assistance from AOUSC staffers.

In more detail: on June 19, 2001 around 09:30am a

third USAO staffer, incognito, delivered an 11-pages
scripture labeled “Indictment”66 plus one USA Cover-page
USA-33s-274 to NYSD’s Clerk window. Said USAO staffer
handwrote on the USA-cover-page, that he/her had filed
the “Indictment” (what she/he believed to be an
indictment)and noted further that the case was
“assigned to Judge Koeltl, for all purposes”, after
observance of the clerk’s assignment stamp affixation
“JUDGE KOELTL” on the first page.

It is black letter law that a valid and duly signed

untimely “Original” indictment is filed when it is
filed on that exact day & moment in time when it
physically reaches a Court, and not when government

66Presumably autographed by Foreman Rehm and USA White on page 11 but not on USA-
33s-274 cover page (intra)

66
actors finagle and pray that it had reached Court
earlier, and by backwards dating, even by one minute
cannot save the “BILL” as “validly pending”. The
pamphlet remained wishful for the government and turned
into a jurisdictional Nullity on 6/19/2001 at 0930am.
Dismissal, Vacatur and Expungement
– nunc pro tunc – are applicable as
Remedies, which DOJ and OPR are under
Legal duty to obtain sua sponte
Or face legal consequences.

We know some who67 caused the date stamp tamper at

NYSD to hit page 1, who else might be less relevant
then the incontrovertible fact that it did hit page 1
in a hugely consequential manner. The “last minute”
date tamper was result of an earlier, 6/15/01,
“FUGITIVE” scam to seek to “toll the conspiracy statute
before overt acts reached expiry”. WANTED and FUGITIVE
status68 is a well known, dirty government “RUSE”
ignoble federal attorneys learn about from more ignoble
federal supervisors to “jack-open” the “TIME” frame,
and to con expiry deadlines. But, TIME IS TRULY OF THE
ESSENCE and, more important, TIME is JURISDICTIONAL,
inversely, abuse of TIME to con time-frames under color
of law is prohibited scofflaw-enforcement conduct. See
backdater:

67 Indubitably, ongoing investigation promises to reveal if others besides Molinelli helped

68
unless bona fide criminal targets actually went on the lam away from their residence

67
 ✂Specimen A [if above pamphlet would have truly
[wink-wink] been “filed” as inked/stamped, the
“JUDGE KOELTL” stamp killed that ink scam: JGK was
assigned 6/19, and according to AOUSC “Filed
documents cannot be altered and may not be tampered
post-filing69

O.) To Wit: Subject attorneys, at least White,

Canellos, Harris, Weddle and unknown others
committed professional misconduct evidenced by
(1)intentionally violating a clear and

69
except when “re-filed” and clearly marked as replacement with reference and only
pursuant to valid Judicial Orders

68
 unambiguous obligation not to tamper with [18
U.S.C. § 1519 et al] and not to counterfeit
Court documents and not to doctor docket
entries, or under a standard imposed by law,
applicable rule of professional conduct, or
DOJ regulation or policy, and (2) recklessly,
knowing willful disregard of obligations to
comply with that obligation or standard.

P.) To REITERATE: Backwards dating any document in

a criminal case, particularly 11th-hour “Just-
A-Tiny-Bit-Too-Late-Indictment” is felony
counterfeit, as time-lines are the essence of
Due Process.

i) Whether two70 5-year aged overt acts hit

time-bar on midnight June 18, 2001 or were
artificially, ex-post-facto “retro-shooed-
in” by Rubber-fraud is inconsequential
because the answer is obvious. He, who
willfully manipulates “event time-lines”, is
out of luck in any Court of Law or
Kangaroos. Time is of the essence: “All of
our speedy trial decisions say there’s only
one remedy, and that is ‘case over,’”
Justice Ginsburg said: “Dismissal is the
only appropriate remedy.”
ii) NYSD requires to this date an AOUSC routine
cover page by local rule: USA-33s-274. In
571 it is highly likely that it vanished
from NYSD records by the time OPR reviews

70
albeit fake and later disproven “acts” during post-trial proceedings and by Grand Jury
testimony on June 14, 2001 by FBI very special agent Connor O’Sullivan

69
 this complaint <plausibly removed by
“unknown” co-conspirators of USANYS, since
no one else would give a hoot or fear
detection>. Luckily, Confidential Court
Insiders [herein “CCI”] were smart and
whistling to retain an image (Specimen “B”,
Snapshot “1”). The saved image was
transferred to undersigned “of Counsel”.
33s-274 shows overt discrepancy, “bad smell”
and should cause bewilderment over such
extra-ordinary, extra-judicial unmatched
dating procedure.
iii) An important aspect reconfirms the vacuity
of a lawful requirement of a Grand Foreman’s
“RETURN in OPEN COURT” in that the
unidentified USAO staffer was unaware of an
otherwise ongoing “No-Seal, Un-Seal, Flag
Day” Court scam, since the staffer handwrote
on 6/19/01 that he “Filed Indictment”,
rather than witnessed a “return”71, nor did
he witness or cause an “unsealing act” of an
“Indictment”. Staffer Doe just FILED on
6/19/2001 without Seal or ado.

✂Specimen B – full view “Snapshot “1”, intra

71 http://thelawdictionary.org/return-of-indictment/ sans a receiving Judge

70
v.) Subject staffer recorded that “Case [was]
assigned to Judge Koeltl, simultaneously to
his/her “Filed” action. Apparently, the
assignment was done in his presence and
became anchor DOCKET event, which an –
otherwise highly compromised, dubious and
falsified – Docket record confirms for
6/19/01, see below the historic – unredacted
- view:

✂Specimen C

vi.) What results from the aforesaid is the clear

and convincing evidence: “Filing and
Assignment” were coincidental events, both
in the morning on 6/19/01, and certainly not
any earlier date. And what we do we learn
from the bogus docket text? Due Process is
elsewhere.

71
 vii.) DOC#1 and DOC#2’s “DE” entries must be
deemed fictional and thus fraudulent entries
[AOUSC’s “clerical error” standard is
inapplicable], in view of undisputable and
undisputed lack of proof that “SEALED
INDICTMENT as to Sealed Defendant 1, 2 or 3”
was a purely fictional docket text statement
clerk “jm” did certainly not compose such
without appropriate USANYS compensation or
rewards. Clerk “jm” violated ecf-rules
against fraud and by intentionally dropping
“where and what judge and room” from his
“whacko” posting on the Nation’s public
Mother Court records.

viii.) Plaintiff “United States” prosecutors have:

a) failed to produce a draft, copy or

original of a “SEALED INDICTMENT”,
b) failed to produce true corroborative
records from the Court’s SEALED DOCUMENTS
ROOM,
c) failed to produce proof of a 6/14/01
Calendar Event in an “Open” NYSD
Courtroom, presided by a sitting,
identifiable Judge/Magistrate72 who was at
his bench to address, to grant or to deny
a government application for “Leave to
File under Seal” for a – unknown mj -

72 On 6/14/01, Magistrate Henry Pitman was not on duty and was absent from the
Courthouse [pursuant to District Executive, CCIs & Pacer’s event records], rendering
implausible – and hearsay- Pitman’s “observation” of events no other Courthouse inmate
(inclusive custodians of Court Calendar records) saw happen or go on record, specifically
not anywhere near Judge Dolinger’s busy Courtroom that day. (see below for details of the
spook)

72
 “Case” on 6/14/01 involving Fritz
Blumenberg, et al.
d) failed to produce Mary Jo White’s
autographed application for “Leave to File
under Seal”, and show cause whether it was
granted or denied
e) failed to produce any probable cause
affidavit or other lawful basis that
“coulda-woulda” have induced a still
unidentifiable Presider [DJ or Mag]on
6/14/01 to convert Harris’ A/W “drafts” by
his legal authority into three (3) “Arrest
Warrants”.

“No ticky, no laundly”

[Magistrate Dolinger’s Courtroom say]

f) failed to produce probably cause for the

USANYS’ disclosure failure of authorized
arrest warrants (unsurprising given that
the USANYS was without a returned
Indictment) on 6/14/2001 and why the three
bogus “A/W”- look-alike pamphlets were
transmitted by Squad-C12 [as if they were
real Southern McCoys] as if they had been
“issued by the NYSD” [sic]. These were
worthless pieces of paper, “novelty
drafts” out-of-state FBI agents can
[presumptively] rejoice over. Blumenberg,
Lee and Viertel were prejudiced by false
arrests, constitutional violation by out-
of-state residencies in NJ, CT, FL, who
have no claim for qualified immunity or
good-faith exception because the warrants
at issue were simply swallowed “unchecked,

73
 left as is, despite the rubber’s ink”.
They were dead and void ab initio. The
trio drafts were penned, as marked, by
Mark Harris, apparently daydreaming
anticipative of a miracle that did not
substantialize and now will come to hunt
him.
g) failed to produce a specimen autographed
(MJ White) submission relating to a
6/14/01 “Return/Filing/Request to Seal”.
[After all the DOJ’s darkness schemes and
collective failures, it feels like a warm
sun-ray that jm Molinelli was not induced
to also finagle and docket the “SEAL”
application]

Q.) No doubt remains here, that 2002 AUSA Marcia

Sue Cohen [herein MSCohen] became a learned
team member in that she knew that no a)
“Indictment” was validly pending due to
fatally botched maneuvers, that b) nullified
further due process at “case”-inauguration due
to USANYS’ 5-days-backdating scam in a Clerk’s
backroom, that c) no wheel was rolled to bring
Koeltl onboard a doomed vessel. Rather than
follow strict attorney rules for candor and
truthfulness she was dumb enough to join the
ongoing conspiracy with vigor and MSCohen
confederated henceforth.

d) Nope, in her submissions and

representations during trial, MSCohen did
not simply reveal which “open” Courtroom
saw the action, nor “who’s done it” in
presence of a “on-duty Judge”, nor “who’s

74
 granted” USA White’s application for Leave
to Seal after a valid return of a purported
“Indictment” and “AO 190”.
e) Nope, MSCohen must have and should have
detected and declared an alarming absence
over “USA White’s Leave-to-Seal Request”
and “AO 190”.
f) Yes, MSCohen deliberately derailed [as
“irrelevant”] due process milestones while
also implicating new co-signer USA Garcia
and made a “HLS-alumni-monkey” out of
Koeltl and JGK’s fax73 terminal:

g) To Wit: Pursuant to a forensic technician’s

congruency test comparing both specimens on
record [filed “DOC#1” and “DOC#2”, Specimen
“A” & “D”, intra] less than 1% deniability
exists that both specimens [“A”&”D”] were:
congruent – synchronously drafted from an
identical template, concomitantly rendered
and also laser printed on an identical DOJ
Printer.

Argument: While “DOC#1” – labeled INDICTMENT 01

Cr.- was indubitable “backdoor filed on 6/19/01 after
09:00am by DOJ staffer John Doe”, “DOC#2” – USANYS’

73 FAX-Metadata : Mar-01-2007 17:08 USAO WHITE PLAINS 914 993 9036 ¶03/04

75
own pamphlet was absurdly labeled likewise INDICTMENT
and filed somehow with NYSD a half hour. Clerk “jm”
entered both next day 6/20/01.

Subject prosecutors, may contrive a fancy second

INDICTMENT but only as a novelty, but plugging brazen,
self-serving DOJ-revisionism with the intent to cover
up a hugely fatal procedural deficit and forcing a
“fool” [sic] to authenticate a falsity becomes a felony
at (≈09:30) when prosecutors submitted the bogus
pamphlet to a Court of Law. “Lying prosecutors”
concocted a 5-day old fiction, a Zilch-Return-Zilch-
Seal, a perfect non-events, to really trample the
constitution as hard as they could. To stick [even, if
<”Hizoner” Pitman> is known for periodic alcohol abuse]
a defenseless, uninvolved, unassigned Magistrate and to
force his judicial pen and rubber-seal onto a whacko,
mislabeled “INDICTMENT” pamphlet, purporting to blow a
“SEAL” that never was on Flag Day when Pitman was
absent from Court, shows a level of heinousness that
requires a paradigm shift in DOJ’s modus operandi and
exponential supervisory efforts. Court observes
explained that Pitman was in a quintessential conundrum
many ex-DOJ-attorneys face when confronted with
outlandishly amoral DOJ demands coupled to assurances,
immunity to be pulling out scot-free: to sign or not to
sign, that was his question.
We do know the answer. He signed.
And he sealed with his little “rubber thingy”.

76
 ✂Specimen D DOC#2, corpus delicti

Sure, he was unable to check Pacer Records

for the straight “bluff” he was now coned by
USANYS to bear false witness on date 6/14/2001.
Harris/Weddle did not have ELSUR or cell-phone
video to play for Pitman. That much we know for
sure.

Surely, there were Zilch Pacer records.

Pitman should have summonsed the NYSD’s Sealed
Records Clerk to “show & tell” NYSD’s log-entry
for United States Flag Day, the day Pitman was
off duty and truly unable to witness anything
Court site, especially witness what did not

77
 happen in an unknown Magistrate’s Courtroom.
Pitman waived all concerns to participate in
the ugly spectacle at his chamber after ≈09:15.

Reputational assets of Americas “Justice”

system forever blow away when un-assigned
“Pitmen” falsely claim to have elevatored down
to monitor a coequally un-assigned peer
Dolinger how the latter presided over U.S. v.
Blumenberg. Pitman himself, if he only had
Court presence 6/14/01, would normally have
been misplaced to stalk and observe three
authentifications of Arrest Warrants by another
Magistrate [maybe invisible judicial ink was
used?], but why would Pitman, 5-days-later
tell-tale lies about it? “CIIs” explain that
Pitman needed to curry favor with USA White and
her proctors for reasons of his own.

Was that smart process?

Was that due process?

h) Friendly Fire on the bench is the military

term for subject attorney’s duplicity:
6/19/01, <≈09:45 a.m.>, the Mother Court’s
purportedly freshly74 wheeled assignee
Koeltl regrettably valued the USANYS’
chicanery impeccable. Despite his honor
being dishonored and displaced outside of
any and all federal jurisdiction, ab ovo.
In a short time-span Harris, Weddle, <”do
as I say”> Canellos, and White, DOJ-

CCI’s claim that John Koeltl was “in on the brazen scam” as a “pre-selective assignee” who
74

would frequently “jump the criminal wheel” [sic]

78
 signatory on DOC#1, were brave enough to
throw the Fifth Amendment along with the
other Amendments, the NYSD judiciary and
the Rule of Law under the bus and back up.
[for courtroom attention, Koeltl likes
Fletcher to bang the doorframe strong]
i) Pitman is said to be more inure to peer &
DOJ abuse and disgrace, but insists that he
was badly duped75 by his former peers,
subject U.S. attorneys. He claims to have
been “Un-assigned Magistrate”, thus,
without judicative role, and that he did
not approve of the “FILING”. He was “simply
an innocent” <albeit robed> “bystander”
without jurisdiction, whose Order blowing
off a SEAL was “legally inconsequential” if
not “worthless”, because “no matter was
sealed in the first place that he could
blow off”. Be that as it may.
j) Despite all excuse, ≈09:30a.m. Judge Pitman
did authenticate and rubberseal DOC#2. He
held DOC#2 sub judice as per AOUSC’s “Bench
Book” but looked the other way before
“validating” a patently false DOJ time-
event-line. “If Pitman had his own “Time-
Machine76” he wouldn’t job at Pearl Street”,
an insider remarked.
k) Alas, before noon, Pitman was generally
deemed competent enough to see DOJ’s

75 CCI hold it more plausible that Pitman elbowed himself into the queue for “most
shameful judicial conduct by empty robes without jurisdiction”, sans judicial assignment,
for a contest for loiterers throwing prejudicial IED’s at the Rule of Law.

76 H. G. Wells penned TIMEMACHINE : https://de.wikipedia.org/wiki/Die_Zeitmaschine

79
 obscene pamphlet as highly suspicious, if,
as here, his “brown nose would not have
blocked the view”. Pitman was a learned
judge – who must have smelled the stench
from all four corners of DOJ’s counterfeit
pamphlet, an intentional deception to
appeared as if emanated from a real Court
of Law and not from DOJ’s hoax-shop.
l) It is not plausible, considering the
entirety of the documents and
circumstances, that Pitman had not agreed
to join subject attorney team’s conspiracy
and was willfully abusing due process by
his false underpinning of a totally
fictional “Return & Seal on 6/14”, thus,
Pitman acted upon bad faith, and – probably
– relied upon botched legal ethics training
and abhorrent supervision, very much un-
magistratively for a sworn federal
Magistrate. Pitman turned into Accessory to
Constitutional Violations and more.

R.) The “Bureau’s” Falsification Priorities

To Wit: On 6/15/01 the Bureau had neither

official proof of, nor witnessed on 6/14/01, a
judicially due “Return and Seal” of a Blumenberg,
Lee and Viertel’s Indictment. More likely than not,
Harris and Weddle were “on the same page77” with
Bureau staff. Consequently, the “Bureau of
Integrity” was equally without possession of 1, 2
or 3 duly issued A/Warrants. In fact, they had no
operative warrants. They held worthless pieces of

77 Harris’ favorite line inside the Courtroom, when he did not munch his fingernail off

80
 paper, which Harris had doctored up for them on his
PC.

There was no Magistrate or Judge involved on

6/14/01 and no record.

A real contraband Rubberstamp with a fake signature

of a fictional character, Melanie L. Lopez [FN 72]
assumed the public functions of the NYSD Judiciary.
Like multiple times before and hundreds of times after
200178. Dr. Mukasey, Chief Judge, later AG, was in
charge of Courthouse operations and cover-ups.

Most insiders of the Manhattan Federal Court knew

about this rotten rubber-gate of bogus clerks, but
since NYSD had quite a reputation for “iniquity”.
Jurists and law-enforcers in far away districts “knew
or had reason to believe” that “in NYSD stuff happens”.
For FBI actors nationwide — particularly a “veteran FBI
agent with 19 years of federal law enforcement
experience” in Palm Beach, to truly trust for granted
that 3 “Warrant” specimen were duly issued by a real
NYSD “Order” a living HON, Magistrate or Judge issued
without his real signature, is a far stretch. Despite
the blaring “autograph” vacuity, lack of a judicial
FUGITIVE designation and the rubber-clerk’s ink visible

78These scarlet STAMPS - there were a quite a few - passed from one Chief Clerk to the next
wise guy, like from Henry to Hill.

81
on these look-alike warrants, FLSD79 USA Acosta’s
deputy, unwisely, chose to provide material support to
false arrest by permitting three FBI agents80 to
apprehend Viertel and to request Boca Raton Police to
“AOA” the night before. Palm Beach’s Sheriff is in the
business to “earn” fees for booking and storing any
“body”, even innocent arrestees, even if FLSD/FBI
“transfer” custody jurisdiction they never had.

S.) To Wit: It was black letter law that ‘a

supervisory official may be personally liable
if he or she has actual or constructive notice
of unconstitutional practices and demonstrates
gross negligence or deliberate indifference by
failing to act’.

Therefore, FBI squad C12-BQMRA’s [favorite

Plan B] PRIORITY-MESSAGE-deception vested, and
had the squad high-fiving each other over how
“brilliantly they duped their out-of-state peer
agents”.

”Crucial point”, Justice Breyer wrote,

that the “5th Amendment right to fair and due
process is a fundamental constitutional

79New Jersey or Connecticut procedures have not been investigated, but Blumenberg
recalls that the FBI agents arrested him at 07:00 on 6/19/2001 and drove him shackled
over the George Washington Bridge to Pearl Street in Manhattan, a fact that indicates, that
FBI Fort Lee was very concerned and did not effect the false arrest, and did not present
Blumenberg to a NJD Magistrate for extradition.
80

82
 guarantee it cannot be weighed against other
interests”.

Here in #571, the due-process-Clause seems not

even a speed-bump on the way to winning at all
cost81 paid for by society and adding huge
liabilities to the reputational balance sheet of
judicial process.

If, argumendo, the filed DOC#1 specimen on

record was, hypothetically, a valid “Indictment”
return (a “SEALED INDICTMENT” was total scam) that
was truly “S.D. of N.Y. Date-Stamped on 6/14/2001”,
then, in this unlikely scenario, JOHN KOELTL’s
assignment stamp has no plausible explanation to be
on the specimen, because Koeltl was not assigned
before 6/19/2001.

T.) To Wit: Potentially, upon hypothesis, USANYS

prosecutors were just power-drunk and believed
that it was not Un-American to false arrest,
brand as “Wanted”, to defraud, to impede
exculpatory facts and to obstruct fair
recourse against Non-Americans, then, all of
the huge misconduct could make sense. To
nobody’s surprise, these acts could count as
Gold Standard for “foul” prosecutions in the
spirit of U.S. v. Berger. Bad Faith is well
known worldwide to be NYSD’s overreaching
character. In fact, USANYS´ proctors were

81

83
 enemy combatants without clothing, nude all
along, just like Andersen´s Emperor82,
U.) To Wit: Unsurprisingly, the scams went beyond
Manhattan, to AUSA Snow at Main Justice
falsified criminal law sections and created
documents [upon MSCohen’s high pressure and
telephone terror reported by USANYS’ MLAT
liaison], which he transmitted [8/9/2002] to
France’s Central Authority.

Since, France volunteered a complete set

of DOJ Snow’s 2002 transmissions from DOJ
Washington to MdJ Paris, an offer of documents
counsel for Viertel received.

Ct#2’s jurisdictional mail defect was well

known to the DOJ and were secretly recognized
– not only [see “embargo”] due to non-
existence and non-shipment via any carrier and
not to a domestic consignee, as required by
statute. The grandiose defect was coequally
concealed from Grand Jurors and later from
Petit Jurors who were deprived of facts and
required elements in that a § 1341 charge is a
domestic only crime, even if the other
elements are satisfied. (They were not).

DOJ attorney Thomas Snow deliberately

obscured and perverted this pertinent fact
from his 8/9/2002 “ultra-treaty” MLAT
transmissions (English below, also omitted in
French version) to Paris by extra-statutorily

82 “Kejserens nye Klæder“, Eventyr, fortalte for Børn. Første Samling. Tredie Hefte.
1837

84
 parenthesizing “[use the Postal Service..]”,
in false pretense as if a “postal” crime
occurred for which “Viertel” was held
responsible, as if U.S. national Postal
services would export airmail in delivery of a
“fake invoice” to Burda Holding in Munich.
Snow [now EOIR staffer], deliberately and
against better knowledge, and contrary to
USAM’s clear instructions, willfully molested
statute §134183 to induce and deceive France
to cooperate.

Commentary: The medicine DOJ’s Yates,

Stokes, Weissman and various prosecutors
touted early March (at ABA), how important it
is to self-disclose any wrongdoing to DOJ is
purest hyperbole84, since DOJ is farthest away

83 Snapshot MLAT fraud upon France

84
Apparently, at the first sign of anything questionable—even before any bad happened on
June 13, 2001—New York’s White-Pomerantz-Canellos-Harris-Weddle team should have
jumped on a plane, head to Main Justice and knock on the door, begging for credit &

85
 from taking such medicine in-house, and, DOJ
seems resistant auto-immune from self-
critique, or, more likely, too arrogant to
follow the Rule of Law85, or Supreme Court
decisions .

At ABA, the hypocritical reminder went as

this: “Self-disclosure will be a key factor to
evaluate consequences of the conduct” needs to
be seen applied in this complaint when Self-
disclosure lacks as basis for a punishment
discount but continuous aggravating conduct
enhanced the sanction.

It is noteworthy that – given the backdate

doctoring – not one of the Appeals panels
possessed merits jurisdiction under 28 U.S.C.
§1291 and all of them failed to fairly review
– sua sponte – what terrible errors were made
below. Appellate judges had plenty of
opportunities to truly follow the law and fix
the many wrongs, but they chose otherwise,
leaving observers puzzled as to judicial
motivation in the face of an avalanche of
Branch II misconduct. The acts seem to have

forgiveness for the self-disclosure and cooperation to vindicate the Laws of the United
States, and stay clear of constitutional violations, false arrests, and bogus autograph and
date stamps, when a duty Magistrate honorably balked at corruption and abuse.

85 Itis noteworthy that U.S. Prosecutors are considered unrelenting scoff-laws not only by
foreign Central Authorities, but also at home: prolific and invaluable Prof. Bennett
Gershman writes that, notwithstanding Batson and now Foster, prosecutors will continue
to "remove black persons from jury service with impunity simply by concocting
purportedly race-neutral reasons." He says that the Foster reversal occurred only because
of the random discovery of the prosecutors' file containing telltale notations and comments
about their intentions to strike black jurors..

86
 been “Invisible to those unfit for their positions, stupid, or
incompetent”.

These Panels were without judicial

empowerment they lived a Rule-of-Law denial, a
jurisdictional day dream where “bogus ink is
truth” and “overseas is domestic”, where
Lufthansa has fifth freedom rights to fly
interstate and hoodwinks from lower Court are
common practice = fatetur facinus qui
judicium86.

V.) To Wit: CJA Kim Bonstrom was assigned to

Viertel’s direct appeal. Since Viertel was
denied bail by Koeltl, on instigation of AUSA
MSCohen, who knew that the entire trial was
bogus and without jurisdiction. Bonstrom’s
bulk of appellate work occurred in NY during
Viertel’s continuing incarceration at FCC
Coleman in Florida. The BOP has “legal-Call”
standards on its “books”, those were initially
derailed by BOP staffers, and later outright
violated in continuance despite urgent
administrative complaint [BP11-13]. Inmate
Viertel’s “incommunicado” status was
intentional; in fact, a BOP staffer later
revealed that it was unofficially known a
“female prosecutor from NY” contacted COA to
request that Viertel’s Unit Manager obstructs
legal calls to and from CJA Bonstrom. All
calls were subsequently obstructed. “Acting”
Unit Manager Upchurch unlawfully complied to

86 “the one who flees the law confesses his guilt” (Publilius Syrus)

87
this intra-agency prosecutorial demand. Unit
Counselor B. Pruitt later tried to
“compensate” Viertel with untimed private
phone calls to family due to her shame over
BOP’s misconduct.

In any case, Bonstrom had to conclude

Brief and Appendix without Viertel’s input.
Appellant’s Appendix included what Bonstrom
believed was true trial exhibit GX 301,
however, the specimen was an altered version,
Viertel and trial attorney Moskowitz had never
seen during the trial or earlier during
discovery [Snapshot “10”]. It was now too
late, and Bonstrom alert once his legal mail
print outs were reviewed at COA post after
filing. The appellate version of GX 301
version was criminally altered with ink and
pen by a vertical strike through the first “0”
– of Zero cents – to make it appear as
“10₵ents” with the government intent to forge
a false match with GX 302 [see FN 38],the
“Check” [amount $8’120.10].

Since the Jury asked for GX 302 during

deliberations, the only USANYS prosecutor in
attendance and shuffling through trial
exhibits was MSCohen, not Harris, thus,
MSCohen was the counterfeiter who
intentionally molested laws, due process and
crucial trial exhibit GX 301 to sway Petit
Jurors to a wrong conclusion, inter alia.
MSCohen later denied involvement, but since
she is known to peers and even FBI as a serial
denier, this denial is simply incredulous, and
her call to cause BOP obstruction supported

88
 her scheme, in that MSCohen feared Viertel
could alert Bonstrom to her felonious
alteration of the “trial exhibit”, if he would
obtain legal communications that BOP rules
incontrovertibly provide.

W.) To Wit: BOP’s Upchurch was later found to have

done her own criminally alterations to worsen
Viertel’s BOP “Custody level” with intent to
impede his reasonable furlough application
[mother Viertel suffered a stroke]. The BOP
followed MSCohen’s demand to impede Viertel
“out custody” status which would have allowed
him to freely investigate for a view days what
– by 2004 – had grown into a too dangerous
probe for the DOJ. BOP Upchurch87 embezzled a
third party IT access key to illegally access
BOP’s database and Upchurch tampered with
official records to black-ball Viertel with an
outlandish crime history of escapes, and
violence: Proof is Snapshot “11”.

BOP is fully controlled by DOJ and the

data-sheet-heist underlines the agency’s
deviate omnipotent culture, unexplained and
unexplainable vindictiveness and horrendous
public image. “11” was eventually obtained
later from a whistleblower BOP staffer, whose
own initiative revealed in-house fraud schemes
at COA harming inmates including Viertel.
Koeltl, unsurprisingly, denied a corrective

87Mrs. J. Upchurch- Deputy Case Management Coordinator (BOP COL 2012) , is responsible
for collection, verification, and analysis of factual information in the preparation of inmate
social histories and progress reports. >>>> counterfeiting data is not a Case Mgr. function

89
 action demand at odds with his judicial oath
to “administer justice without respect to
persons”. Koeltl falsely pretended lack of
jurisdiction over DOJ-BOP misconduct88, the
same “lack” that hizoner should have applied
to withdraw and recuse himself on 6/19/2001.

In summary: prosecutorial motives for violating so

many laws and stimulus for its charging decisions are
unclear and shall, hopefully, be evaluated and revealed
by OPR’s review. Cause for USA’s vindictiveness [while
600+ft away Wall Street banksters create domestic
havoc] might have its roots in the nefarious
monetization of criminal process and willful collusion
of insider trading between Big Law and prosecutorial
dreams for future career rewards, a payback of huge
legal-fee opportunities without which attorneys could
not have pilfered i.e. foreign funds from billionaire
[Senator Prof H.Burda’s] pockets.

Backdating a [true or false] pamphlet that was less

than a half-cooked “bill” is “prosecutorial doctoring”,
by a USANYS team, a “vortex of fraud”, and equals
entering a lottery ticket after the draw been made.
Winnings on bogus tickets are nullified.

Again: Not even myopic HLS-clones would risk three

bogus FUGITVES labels on 6/15/2001, unless they had
actually produced Foreman Rehm to PRESENT and RETURN a
true bill the day before, 6/14/2001. In any case on

88 That was not the only time Koeltl went out on a limb to protect the BOP from shaming.
When Viertel blew a whistle on a DOJ-BOP kickback scheme involving IFR payments
transmitted to the originating USAO during incarceration, the BOP had an agreement that
allowed them to keep 25% of the moneys extorted from the inmates. FCC COA had
admitted to Viertel of the existence of the scheme, but Koeltl blocked all efforts to protect
NYSUSA from discovery.

90
6/19/2001, “Pseudo Sheriffs” White, Harris and FBI
filed AO 257 with the NYSD, contradicting their own
bogus “FUGITIVES” labels from days earlier. (Snapshot
“8”)

Not even Justin Weddle [Mr. Overreach - later

“dethroned as Aleynikov huntsman”] would have allowed
the FBI to “enclose” a bogus, 11 page, devoid Grand
Juror proposal, a work product draft labeled
“Indictment” unless delusion took another hostage, or,
unless corruption kicked in.

Not even Mary Jo White would authorize Harris’

failed Arrest Warrant [draft] to be decorated – better
yet: counterfeited – in lieu of a real Judge with a
bogus carnival stamp of “Melanie L. Lopez”, a fake
clerk-character, which caused presumptively innocent
targets to be hauled from out-a-state on a song and
fake warrant’s wizardry executed under color of law by
at least 8 (some unknown, some known fearless scofflaw
FBI Special Agent’s who acted without authority and in
“bad faith” arresting the three while withholding the
“arrest warrants” despite Rule 4’s duty to produce an
original or warrant copy), unless she was comatose,
high or under a spell of amoral bar specimen89 obliging
the USA to act here and now, or else.

X.) To Wit: Team USA [had wishfully, but]

unreasonably relied upon Magistrate Dolinger
to be more docile and more corrupt and to pass
iffy warrants, but Dolinger was a straight
shooter, not naïve, more detached and
professionally a honorable magistrate. He has

89“CII” point to the Ex-Chief of White’s Criminal Division M. Pomerantz, since 2000 in
private practice to solicit big fees for Big Law, as a most likely ringleader abusing his old
crime network

91
 since left Moynihan’s Court House building for
good.

After the train-wreck on 6/14, Team USA

“swapped” Dolinger for Pitman on 6/19 to abet
them in breaking federal laws.

NY’s FBI knew best90 to not rebuke nor

challenge USA, their Kingpin-clients and they
messaged – as instructed - bogus “drafts” out-
of-state [Noteworthy, FBI’s bogus wires fail to
advise residences in NJ, CT, and FL stations
that the “enclosures” were supposedly “Sealed”,
an indication that even FBI folks knew well
that NO SEAL on 6/14/2001 was obtained]

In or even after 2001, Court records supports,

that true, valid warrants never issued against
anyone in the Southern or elsewhere, but –
amazement over DOJ absurdities never end – non-
appearance, non-prosecution of an additional –
albeit secret – fourth defendant seem to have been
resolved, as the FBI “integrity squad” disclosed in
Snapshot “12”. In fact, an ex-FBI “Specialist”, now
expert defense witness, recalled Miami Field
Offices’ liturgy where one of the “guys put on a
pink petticoat before messages from NYO were read
aloud”. Former Palm Beach Chief Magistrate Ann
Vitunac, who left the Court building to adjudicate
Show horses, without omnipresent Courthouse
CORRUPTION, was asked how oftimes she was told
deliberate lies by camel-trains of FBI agents

90In fact, several former FBI agents, related and unrelated to this matter, have voiced to be
pressured to commit criminal acts on USA’s carte-blanch promise to be shielded by U.S.
attorneys in case of :::all of the debriefed agents consider the FBI’s “motto” false pretenses.
They hold “ Integrity ….” to be public mockery

92
 (excluding her ex-G-man spouse), Heronor responded
with a larger number than fits to print.

Not one of these government actors had clean hands.

The immense moral and legal consequences of

this bogus prosecution campaign require the public
at large and potential jurors to receive a specific
warning forthwith or the process will continue to
have weak points ready for abuse by scheming
prosecutors.

Far too often, CII report, Courts are about

rubber-stamping the bejesus out of Due Process, and
proceedings before Grand Jurors, who are one of the
most vulnerable, defenseless targets and more often
than admitted victims of prosecutorial misconduct,
must be assigned a public ombudsman and counsel to
protect against the onslaught of scheming
prosecutors and their often coached professional
liars working for the FBI and paid by the FBI as
canary-witnesses. After the giant smear-job came
the FBI hide-out artifice.

“The one who does not prevent a crime

encourages it” (Seneca, Lao-Tze)

It seems an amazing demonstration of lived

American Exceptionalism how Branch II Prosecutors
collude with Branch III to recklessly disgrace the
Grand Jury process in a most ignoble manner, to
swindle and circumvent Grand Jurors to counterfeit
a false bill, and later to convict aliens on a
defective mail and wire charge. Their plan was
first to enhance sentencing beyond the deportation
thresholds and second to insure that both aliens
from abroad would never be able to uncover their
perversions of justice and their constitutional
violations.

93
 The first part worked with grandiose assistance
from the judiciary, the second part failed. The
sandcastle USANYS prosecutors built without permit,
are washed away.

The PMRU must eventually assume responsibility

for making referrals to state bar disciplinary
authorities consistent with current DOJ Department91
policy and an indication that a more ethical
progress has been achieved.

Sidebar: When Harris pronounced it crucial that

“we’re all on the same page”, and that “we were
referred to this matter by an IRS probe”,
defendants and defenders in JGK’s Courtroom thought
that Harris just told his first two of a thousand
more lies to follow. We were all not mistaken.

Y.) USANYS pushed the Court’s Probations Officers

to amend the PSR of Blumenberg and Viertel to
not report the backdating and false
“Indictment” date they had independently
discovered in the Court record, they brought
the fatal prejudicial defects to higher
attention and to Koeltl, but ended up not
disclosing a defect by simply dropping
6/14/2001 altogether as that was the false
date 571 was not initiated. Probation knew
that 571 was FILED not earlier than 6/19/2001.
(see PSR’s)

91From fiscal year 2002 through fiscal year 2013, the Justice Department’s Office of
Professional Responsibility (OPR) documented more than 650 infractions, according to
Project On Gov. Oversight review of data obtained through the Freedom of Information Act
and from OPR reports

94
Z.) MSCohen was less careful but in a procedural
bind when submitting the USA Appellee Brief
(on the 03-1364 Brief with Peter G. Neiman,
USA Kelley) and every subsequent brief, except
the last appeal.

Kelley, Neiman, MSCohen knew that a true

bill had not been returned on 6/14/2001 but
11+1-pages had simply been filed on 6/19/2001
morning, albeit without a Foreperson’s
authentication [if one, argumendo, presumes –
for 1 second - that a 12-juror concurrence had
truly “found a true bill” and that
“concurrence” was not USANYS’ ruse].

Three USANYS attorneys readily deceived

the Second Circuit about a major due process
defect they had substantive knowledge of; they
did so deliberately and repeatedly at later
times:

In Appellee’s 2004 Brief, Page 25ff

Snapshot “13” [“Point III- The Evidence Was

95
 Sufficient To Support The Conspiracy Conviction”] three
attorneys deliver an exemplary ignoble
demonstration of misconduct, deception, lies
and bad faith [“The testimony established that
Kiefer received the Agate Reality invoice on
June, 18, 1996, after she issued the $8120
check to which that invoice related”]. The
attorneys knew that sentence to be utterly
false and unfairly incriminating without a
true basis in fact, supra, QED. The three
“law-weasels” [sic] “dropped” 10₵ents from the
“issued” check [supra FN 38] in order not to
directly attack the sophistic constructions;
and they misinterpreted the law92, misquoted

92 See WL 1613878, at *8 quoting Morrison, 261 U.S. at 263 :

Also see USAM (below)

96
Kiefer and willfully distorted Kiefer’s
testimony only to divert justice, obviously
“Department” justice they seek to uphold, what
they very well knew, was an erroneous verdict
they had caused, inter alia, in summation
resulting in false incarceration.

A jurist of reason could wonder whether

CCJ R. Katzmann will enjoy these news next
month, but then, life is tough, jurisdictional
defects never die, and fictio juris non est
ubi veritas.

USA Kelley and AUSA Neiman joined a

cluster of ethically challenged litigators
at USANYS, a place with insufficient, if
any, oversight and obvious desertion of

97
supervision, both serious operational
failures that lay squarely upon the
hierarchy of the EOUSA.

CCI’s confirmed that such schemes were

not extra-ordinary but rather routine
misconduct. Above all Napue violations
about a) Kiefer’s active mail embargo, b)
bogus-wire fallacy c) interstate93 carrier
absurd international operations were
outright inapplicable despite the USANYS’s
accusatory descriptions of fictitious
events, mailings and wires at Burda Media

93
USA White’s “jurisdictionally void mail charge” :

98
 New York by USA White and later USA
Comey94, which are – at least dubious,
whether Grand Jurors in June 2001 ever
agreed. Those superseder attempts were
mirrors and smoke and utterly irrelevant,
since the original indictment attempt went
sour and Jim Comey had no ticket to relate
back to a dead bill.

Frontline prosecutors Harris and

Weddle didn’t necessarily cook up this
friendly fire upon judicial [dis]
honorables but the made sure that those
“chosen” ones were sufficiently docile and
compliant enablers when hitting the ground
running over a victimless pseudo-claim on
NULL, ZERO, ZILCH jurisdiction.

Given the DOJ’s renowned disrespect

for an impartial, disinclined, neutrally

USA Comey’s feigned “Superseder “Indictment, under pretense to “relate back” to its
94

White’s original filing on 6/19/2001 , an “un-returned” pamphlet equally inoperative and

VOID for backwards dating with a Clerk office stamp to display a false date: June 14 2001

99
blind Judiciary role in the constitutional
system of government, reliance upon bench-
work by robed ex-prosecutor’s docile
predilections automatically invalidates
the Rule of Law and Due Process ab initio.

It might have been fun to pick low-

hanging badly lawyered-up fruit, but it
was also very wrong.

Postal Inspectors-in-Charge of the New

York Office of the U.S. Postal Inspection
Service (“USPIS”) could have lectured
USANYS proctors and FBI’s C12-squad, and
could have testified at the Grand Jury
[since APEX was excluded], that shipping
to “destination overseas” was a 100%
crime-free transport, far beyond all “mail
fraud delusions”. Subject prosecutors
contrived on official bad faith to fool
the Jurors over this crucial exculpatory
element.

Deceiving Courts, defendants and the

public (see Comey’s Press Release on
Blumenberg) into believing that DOJ
attorneys had standing is – alone – acts
under color of authority, authority that
conflicted Koeltl out of the rigged game
before he saluted tamper with Mother
Court’s criminal wheel; after he doctored
the devoid verdict and fixed the PSR, he
dithered and he delayed on willful
blindness and made sure “bail” was not an
option. He is not dumb. He knew what went
wrong and how deeply he was entangled and
how little he wanted Viertel out of the
hoosegow to sniff around “his” Courthouse.

100
 On another issue, Dolinger confirmed
that he never used a rubber with “Melanie
L. Lopez’s” autograph.

While abuse of power is concerning

wherever it occurs, it is particularly
troubling with regard to the Justice
administration95.

First Good News: OPR has jurisdiction to

investigate allegations of misconduct against
Department law enforcement personnel that
relate to allegations of attorney misconduct
within the jurisdiction of OPR.

Commentary: Federal Courts and parties

including plaintiff “UNITED STATES OF AMERICA”
[caps] face limited federal jurisdiction,
hypothetical jurisdiction is fictio. The innocence
presumption is an empty ruse for the clueless
citizenry, and extra-territoriality is also mostly
never off limits. So is overt conduct older than 5
years before the true filing of a valid, not
backdated, charging bill that falls outside of the
catch-all statute §371, a statute type to threaten
and to convict on enhanced sentences, but totally
outlawed most anywhere on earth and in this Galaxy.
Thus, i.e. extraditions don’t work on §371. The
Congressional Research Service has clarified this

95
Blogger scan

101
 imbroglio by publishing a list of which statutes
reach overseas.

§ 371 is not on it, and neither is §1341.

Nothing stated here is new: it is 1L reading

material. Federal prosecutors routinely tamper96
with jurisdictional restraints, overreach on
vouchers compliant judges issue or not (supra),
and, routinely, lie to Grand Jurors about the
limits of their federal powers. It is an ego-maniac
and self-aggrandizement issue that plagues the DOJ
and ruined its reputation worldwide.

Most prosecutorial misconduct arises from

Jencks, Brady, Napue violations and a pathetic
overreach caused and hardly restrained for the
mismanagement at the Department of Justice, the
“foul strikes” of Berger v. U.S. are alive and well
today as was demonstrated in this Complaint about
the Southern District’s Mens Rea Swat Team which
had lost all measure of due process and had
“rattlesnake nests in their minds”.

USANYC’s proctors on first Courtroom row were

intentionally violating a clear and unambiguous
obligation or standard imposed by law, applicable
rule of professional conduct, or DOJ regulation or
policy. They and their Deputy Sheriffs and Special
agents recklessly disregarded an obligation to
comply with that obligation or standard.

96 Court Clerks Tampering with date stamps at courts is not a novelty nationwide

102
 They had support from jurists on the Bench and
were trading, wheeling-dealing in INSIDER
information, altered and fictitious facts,
profiting by withholding material [or is Disclosure
just a movie?] non-public exculpatory information
of the most detrimental nature to their scam,
fearful of their own irrelevance and of shameful
exposure from hypothetical jurisdiction they
employed to harvest hypothetical convictions, to
result in unconstitutional long incarcerations and
unlawful removal abroad.

Not To Forget: Koeltl [Pitman Dolinger and all

Appellate Panels afterwards) never obtained federal
jurisdiction over the – backwards stamped, botched
– “bill” in 571, and, all three abused their
limited judiciary discretion by allowing 571 first
to proceed and second to be affirmed.

Presiding over a stale deliberately backwards

dated submission, bogus-labeled as “INDICTMENT”
[also Pitman’s absurd handout was bogus-labeled
“INDICTMENT”, supra] that was in fact, an
unreturned at-no-time-sealed pseudo submission - is
blatantly offensive to the Constitution but,
apparently not too vexing enough to Bar-Card-
Carriers, doctoris juris, like Koeltl, whose bad
faith expertise engulfed goodfellas like Pitman and
above how to talk-the-talk and doctor the Docket
with seal and autograph, both now wish to disown.

Jurists of reason conclude that the Third

Branch was unreassuringly compliant and obedient to
the Second Branch while throwing the First Branch
under a train, because they must have acted under

103
 threat by USANYS to upgrade a bogus-submission to
POTEMKIN level, and usher the bogus-case along.

This compliant focused, despite its wordiness –

upon questions of law - serial misconduct and
multiple frauds committed by DOJ actors who,
despite positive knowledge of a time-bar they tried
to avert - fabricated fictitious violations of
federal statutes. The named DOJ actors and those
who followed in White’s footsteps since were
specifically cognizant of, that:

i) Bribes or rewards for arranging Court Docket

fraud, for NYSD Clerk Mollinelli to tamper with
NYSD’s Date stamp, backdating and Docket-
Doctoring97 are by far more serious white-
collar offense than “Options Backdating”, a
fashionable prosecution target.

ii) MSCohen’s trial exhibit alteration which

the trial judge had no interest in addressing
or comparing with a clean EXHIBIT GX 301 by his
outright refusal to cross-inspect FBI labs
specimen [FBI Laboratory in D.C. under message
10/5/02 advised SQ C-12 BQMRA that it retained
specimen Q1-Q6, Q6 being GX 301] of Agate
Invoice that was clean, equal to the earlier,
2001, –charged - amount for the mail fraud
count, exactly $8120.00 and no cents, but a
judicial notice was not appreciated when it
points at Ink-Pen-Fraud by Harvard alumni’s in
malpractice as USA proctors in front of his own
eyes inside the Courtroom. MSCohen relied upon

97
http://mfi-miami.com/2015/09/clerk-indicted-for-back-dated-deed/

104
 Koeltl, utterly conflicted out and afraid under
threat of MSCohen [CII’s informed], to save her
from disbarment, or else. MSCohen altered
trial exhibit GX 301, a verifiable recognized
fact that Koeltl still seeks to negate or toss.

iii) Viertel or Blumenberg or Lee did not cause

[a] June mailing to Germany, neither by
foresight, nor be furtherance, for a simple
fact known to the prosecution team, that such
or any international “mailing” had not
occurred. Team USA built a case upon a fiction,
but concealed the truth from Juries and
Defendants.

iv) At least by 8/9/02, actually much earlier,

subject team had scienter that no type of
mailing, less “interstate” mailing, had
occurred, in fact, the international export
shipment of accounting materials was embargoed
and consequently cancelled in June 1996; with
it, the allegedly “false invoice[s]” had also
been embargoed at Burda Media in New York.
Still, despite DOJ’s awareness of these defects
and the fallacies buzzing up their
“prosecution”, Snow’s deliberate omission of
statutory language showcases willful misconduct
and bad faith. It is irrelevant and meritless
that he later pleaded a “Nüremberg” defense
over strong pipe-line pressures and “phone-
terror” from MSCohen, that prompted him to
violate his oath and duty [since, Immigration
picked him up].

105
 Mitigating Circumstances ?

None found to exist.

It cannot be accepted and is proof for substantive

wrongdoing, if not the monetization of justice, that
the District Court and several circuit panels issued
truly bad meritless decisions; they were, however,
altogether ultra vires, since neither District Court
nor above ever gained, reached a scent of jurisdiction
for nothing else but UNITED STATES plaintiff’s willful
corruption of the Grand Juror’s intent and their
backdate counterfeit operation on 6/19/2001. Not even
hypothetical jurisdiction can attach to this docket
scam of an instant non-case that became a pure pseudo
affair.

If prosecutors were allowed to run to the courts

without a Grand Juror majority directive over any
spurious accusation they may have against citizens or
aliens, they would do so every day, while power would
transfer from Grand Jurors [where powers to charge
still belong], to the USANYS and to flocks of unelected
Robes to attend to it.

Prosecutorial misconduct should be determined

by appropriate state bar disciplinary committees, not
fellow prosecutors98, in particular when subject
attorneys and FBI have taken inexplicable hostile views
of Due Process, Brady, Napue and their duty not to
counterfeit documents, fiction, fake rubberstamps with
a willful intent and resolve into deceiving Courts,
Clerks, Jurors, aliens and – most of all - the public
they are under oath to serve.

98
Because [blah] Defense attorney (FD/CJA) misconduct is not
reviewed by FD/CJA Defenders

106
 Apparently the DOJ prefers lax supervision allowing
for ten ham sandwiches to rot in jail than one alleged
criminal to be presumed innocent and prorogate
prosecutor’s careers.

Therefore, during review of an OPR complaint as

here, all evidence presented, all Court records and
Pacer entries taken as whole, must be viewed in a light
most favorable to the complaint and most unfavorable to
the actors under review [regardless of their current
standing], plus, OPR-DOJ must draw all permissible
inferences in favor of the accusations in deference to
tampered, extra-judicial court records, to due process
omissions, aversions and undue proceedings in absentia
of judicial oversight and behind, not only, jurors
backs.

The government, Branch II and III are unambiguously

on notice of these problems and the urgent need to
correct those but have failed their duty by continuing
violations of stone-walling which could well warrant
more severe remedies, fines and reputational
consequences.

Henceforth, pursuant to this complaint, Branch II

proceeds at its own peril. The incredulous gravity of
this affair is good cause for a program pushing “Tough
on Misconduct Crime”, initiated by Circuit Judge Alex
Kozinski, and calls for specific Congressional DOJ
spending limitations and for a “Grand-Jury-Sunlight-
Act” in the near future, which would represent also an
opportunity to “Make America’s DOJ Great Again”.

107
Part Two:

The DOJ, jurist concede, has largely cornered the

market in raw disrespect for the law.

I recognize that prosecutors, like those they

prosecute, are entitled to due process. However,
procedural infirmities aside, the actions of the USANYS
were clear enough and serious enough to warrant a
finding on the merits of reckless misconduct and
mandatory referral to State Bar disciplinary panels for
suspension of their license to practice law.

Disappearance of an AO 190 Form [which is either

criminal Court Records tampering or purposeful
diversion of due process but]always a red flag among
law scholars, and DOJ’s past seriatim failures to
investigate previous complaints by simply review
stenographic Grand Jury minutes as of Noon on 6/14/2001
for misconduct, and for “railroading” and witness
tampering, for probable cause for judicial collusion as
an identifiable corrupt enterprise that DOJ blindfully
overlooked to not rock the sinking ship, but that
should have resulted in unbiased review by outside
counsel99 reviewing OPR lack or disregard of findings
and to determine whether misconduct had occurred
despite it.

The OPR missed “Investigative” opportunities in the

past, which were, hopefully, not an ignominious final
chapter in the downfall of accountability. And, there

99
It is a extremely troubling notion pointing at systemic
injustice that DOJ prosecutor's misconduct should be finally
determined by a fellow career DOJ prosecutor. Defense lawyers,
for instance, are not entitled to have their alleged misconduct
weighed by a fellow defense lawyer.

108
should always be hope for DOJ accountability, as for
all trials to be fair and without prejudice and for a
cure for Alzheimer, soon one day.

The NYSD Judiciary played the most ignoble role

here, with flaming Un-Americanism, and the day, for
drawing the line has arrived for the bench, since
“there has to be a safe place, and this has to be
it”. [Hon. C.J. Arnold, CA8, 2002]. “As a District
Judge you possess within yourself a portion of the
very sovereignty of the United States. Above all,
do no harm.”

In 1978 Honorable Vincent Brogna, MA Superior

Court encouraged his peers: “Have the courage of
your own error”.

These Panels were without judicial empowerment they

lived a Rule-of-Law denial, a jurisdictional day dream
where bogus ink is truth and overseas is domestic,
where Lufthansa has fifth freedom to fly interstate and
hoodwinks from lower Court are common practice =
fatetur facinus qui judicium100.

100 “the one who flees the law confesses his guilt” (Publilius Syrus)

109
Snapshot “1”

110
Snapshot “2”

111
Snapshot “3” Actual FBI arrest log entry & below,
Form AO 257 submitted post 6/19/2001 by White/Harris
(in conflict with Snapshot “4”).

112
Snapshot “4” FBI PRIORITY bogus fax and “enclosures” to
“locate and apprehend three “FUGITIVES” 6/15/01

See text lower of page under 3):

3) “Enclosed for Miami are the following:
a) Copy of an arrest warrant for CHRISTIAN T.VIERTEL
issued by the Southern District of New York
b) Copy of the indictment charging VIERTEL”

113
(Note: Hand marking “01-5156-AEV” was docket# by FLSD
Magistrate on 6/19/2001 pursuant to 08:55am reception of a –
double unsigned - “draft” and – unsigned – Arrest-Warrant-
look-alike forwarded by FBI PBCRA of Palm Beach in lieu of
“real BILL and A/W”)

114
115
Below: FBI PRIORITY MESSAGE SECOND COVER PAGE

116
Snapshot “5” FBI PRIORITY enclosure “a)” pseudo A/R

117
Snapshot “6” Routine FBI message 6/21 from MIAMI to
NYO confirming “FUGITIVE” arrest of Viertel

118
Snapshot “7” GX 303

119
Snapshot “8” GX 301

120
Snapshot “9” partial Grand Jury Transcript (¶60-63)

121
Cont’d Snapshot “9”

122
Snapshot “10” – altered Jury Room Exhibit GX 301 (bis)

123
Snapshot “11” tampered BOP database for Complainant,
obtained from a BOP staffer with a spine and shame:
“Alien Escapes & Serious Violence”

124
Snapshot “12” FBI document re “VICTIM BURDA MEDIA” of
2005

125
Snapshot “13 Kelly, Neiman, MSCohen DECEPTIONS upon CA2

126
 Postscriptum to original OPR Complaint101 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
Mails102 flatly contradicted by Court records, those
few uncorrupted docket entries and AO257 [©US-A-
White’s, intra] all of which uniformly evidenced
absence of ≈FLIGHT-status by all three targets who
were falsely arrested 6/19/01 at their homes [See “J”&
Snapshots “4” & “6” of OPR Complaint103].

101
https://de.scribd.com/document/325471481/OPR-Complaint-of-
massive-serial-Prosecutorial-Misconduct
102
which can`t be made unseen
103
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

127
 DOJ-official’s 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 USANYS104

confirmed that proof of AG authority obtained by the “requesting

agency” is pertinent element.
104
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 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]

128
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 USANYS’s [rigged] §371 overt acts on
6/18/2001 midnight.
Evidently, as was declared in first part OPR
complaint, the prosecutor’s 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-Foreman’s “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 NYSD’s SEALED RECORDS staff

129
 [despite Koeltl’s latest wishful contentions105
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: Dolinger’s autograph [while anticipated
by A/W-drafter AUSA Mark Harris], never turned up,
never vested [see Snapshot “5”]. As such, DOJ’s
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.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 Complainant106 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

105
Earlier this month, separate Court insiders confirmed to
counsel, that, unsurprisingly, JGK’s unsolicited auto-“order”,
dated 9/11/2016 was mocked as “yet one more judicial
falsification” [this one under pressures from the Court’s admin
toppers], howbeit inexcusably.
106
& the late Blumenberg

130
prosecutorial beyond ultra-last-minute time-barred acts
to 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 White’s
premonition that AG Ashcroft would have played hard
ball (reportedly), particularly on the FUGITIVE ruse107,
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 Comey’s “nolle
prosequi” in 2002 thanks to Richard Zabel, his dear
defense counsel].

It was well known that Blumenberg and Viertel108

were decade long news media professionals since 1970
and continuing their media-status beyond June 2001,
when USANYS’s just-too-late accusations were
confederated and AUSA Harris counterfeit three arrests-
warrants109, despite lack of AG’s written authority to
arrest journalists.

107
which was outlandish and fallacious that Ashcroft, sources
confirmed, would have resoundingly denied White’s transgression
108
2001 pre-arrest FBI records show that Viertel’s 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.

109
two fake A/W were subsequently destroyed on 6/19/2001 by
FBI/USAO and USM staff to not leave incriminating evidence for
Koeltl’s “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”;

131
 Zd) Furthermore, above officials later extorted
from the Court’s Probation Department deceptive
omissions of requisite statements “of facts” [AOUSC
Pub. 105 - 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-

Viertel’s “pseudo-warrant” was saved from destruction, see intra

OPR complaint

132
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 - 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, Pitman’s 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 DOJ’s
“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 PSIR’s
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:

133
 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 dysfunction110 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

110
NACDL Amicus Curiae Brief CA2:16-1463 on Prosecutorial Misconduct
https://de.scribd.com/document/335270015/AMICUS-BRIEF-NACDL-on-
malicious-prosecution

134
morals or some ideas how to defend it, or “pull the
sword out of the stone”.

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 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> NYSD’s
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 Pitman111’s ruse (DE#2) – prior
to him winning the “Assignment” turn of the NYSD’s
loaded criminal wheel - he preconditioned a government
scheme, as well as demanding a covert “§371” backdating
for his punishment enhancement plans to function.
111
Some knowledgeable NYS Court insiders consider Pitman oftimes
as “MUI” – Magistrating Under The Influence (of Scotch).

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Sources affirmed that JGK “confederated and agreed” in
convicting and jailing targets on backdated fiction
[and less-honorable preponderance] dependent upon
unassigned “no-job-function-Pitman” to help DOJ’s
scofflaw jurists to counterfeit a bogus Court-Document
of “hearsay testimony” that witness Pitman could not
have observed (he was not on duty June 14, 2001, a
semi-Flag-holiday): DE#2, a USANYS confederated – bogus
fig leaf – glaring Hail-Mary-forgery – a smear-job so
scrambled to overlook the bogus title: INDICTMENT,
still force-ingurgitated into the unconsignable Pitman,
not even a sober bystander, but a fool who autographed
and rubberstamped what was left of HIZONER away into
SDNY’s gutter.

Judge Dolinger was innocent, uninvolved and

considered to be an un-American sabotageur, unwilling
to scheme for Team-USA and for Mary Jo White112, just as
Jefferson said: “When injustice becomes law, resistance
becomes duty”.

Closing Notes: This “2001 case” was a backdated

deception, was based upon a PSEUDO-CHARGE that was so
incredible and rushed that it would not resulted in a
true bill and could not-would not- was not filed in any
open Court by a sworn Grand Jury Foreperson
representing the majority of consenting jurors under

112
For which, now in pension, deserves a BIG TIP OF THE STETSON

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oath but “slipped” in the back intake window on 6-19-
2001.
There is no reason whatsoever for OPR to waive any
of this along, or to refuse to forcefully act while
pretending incredulity over their “in-house”
incontrovertible evidence of massive criminal energy
that emanated from Manhattan’s United States Attorney
and USAO, engulfed Main Justice’s MLAT forgers but
disdained AG’s pre-approval for charges/arrests of
journalists, just as described, detailed, demonstrated
and complained about in this submission.

Prudent jurists would just need to peek EASTERN

across the Atlantic to glean from HM Queen’s Privy
Council’s that tossed a want-of-jurisdiction appeal by
Requestor State “United States”- UKPC 0073/2010
instigated by “Proxy Appellant Nassau Prison” for
Manhattan’s USAO, in affirmation of Bahamas Supreme
Court adjudication [pursuant to Magistrate Isaacs
order], to wit: that Manhattan’s 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
Commonwealth113 and ringing the ugly bell once more.
Alas, Comey’s USAO made career out of scofflawness

Fiat ut petitur: Complainant and Counsel submit

that OPR should step up to the challenges in resolving
113
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.

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these in-house schemes, step up tight supervision,
establish clearer misconduct rule compliance and
honestly address these former and current official’s
frauds and swindles in all its ugly detail, as learned
here, and bring all colluding participants to justice
without protecting clandestine moves or, continue blind
self-righteousness or frightened defensiveness.

It would be inconsistent with a “Department” self-

labeled as “Justice”. Such Disgrace to Goddess Iustitia
would simply means blasphemy.

As per this complaint, intervene swiftly and call

out systemic betrayal of the Nation’s “failing” Rule of
Law to start draining the swamp they allowed to surge.

Respectfully signed, this 17th day of October 2018

Prof Christian Viertel Maitre Aldo Funaro, Of Counsel

-----------------------------------------------------

PS: 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"

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Final Snapshot:

Q.E.D.

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