International incident under U.P.U.

Universal Postal Union-Berne, Switzerland

I am: me, Authorized Representative for

SI-IANE CHRISTOPHER BUCZEK or any derivative thereof
In care of 7335 Derby Road
Derby, New York, America Non Domestic without the US

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NEW YORK
BUFFALO DIVISION

Case No.1 :08-cr-054-WMS-HKS ./

09-cr-121-WMS-HKS V
09-cr-141-WMS-HKS

UNITED STATES OF AMERICA

Plaintiff

Vs.

SHANE CHRISTOPHER BUCZEK, Shane Christopher Buczek, or any derivative thereof,

(fictions)
Defendant

SPECIAL RESTRICTED APPEARANCE by me: Shane, hereinafter: I, me, my, mine and
myself:

Within the Admiralty

GLOBAL DEMAND TO DISMISS FOR MALICIOUS, SELECTIVE, VINDICTIVE

PROSECUTION AND DISQUALIFICATION OF AUSA ANTHONY BRUCE

By AFFIDAVIT

I am: me, a living, breathing man, created in the linage and likeness of almighty God;
appearance with his global demand to dismiss for reasons of vindictive prosecution as follows;

HISTORICAL FACTS AND HISTORY

On or about March 4th, 2008 the living man known as shane was indicted for an alleged

Page 1 of12
GLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION
International incident under U.P.U.
Universal Postal Union-Berne, Switzerland
3

violation of 18 USC Sec. 100 1, 18 USC Sec.lS42 and 18 USC Sec. 1028. After pretrial

proceedings AUSA BRUCE offered Shane a plea bargain of probation in exchange for a guilty

plea by Shane, which shane rejected. UNITED STATES MAGISTRATE JUDGE KENNETH

SCHROEDER, JR. had shane committed for a psychological evaluation. (See Exhibit A) Upon

compeHation of said evaluation AUSA BRUCE again continued his vindictive prosecution with

no real party of interest. (See Exhibit BRule 17 Real Party in interest). Thereafter said AUSA

BRUCE had two additional indictments issued against shane, with no real party and in addition

to having shane remanded into custody again for the (4th) forth time! a purported bail violation.

(See Exhibit C Bail Violation) & (See Exhibit F Story of August 13-21,2009)

During this period said AUSA BRUCE wrote more than twenty(20) letters to shane demanding

shane accept said plea barging as follows;(See Exhibit D Emails & Letters)

On August 20, 2009 Magistrate Schroeder made a statement that the prosecution was

vindictive and retaliatory. (See Exhibit E Transcripts August 17&20,2009)

August 20,2009 at page 14;

I know how the initial charges were laid was due to the time
that's being taken up by the Internal Revenue Service dealing with
certain individuals, not just perhaps this defendant, but other
individuals that are part of the sovereign citizen movement.

MAGISTRATE JUDGE SCHROEDER: In the context of these

three indictments. Mr. Bruce was all upset about how he was
communicating terrible things as it related to the three
indictments.

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

GLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION

International incident under D.P.D.
Universal Postal Union-Berne, Switzerland
31

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

very fair both to the Government, as well as to Shane, by setting
up a way that he could contact even the Internal Revenue Service
or the Treasury Department, but it had to do with a specific
format. And in one sense if there was going to be a telephone
call or some other form of contact, there needed to be one day
notice; if it's going to be something written or something that
was going to be filed or mailed to them, there was supposed to be
two day notice so it could be reviewed by Pretrial. If Pretrial
agreed with it, it could go; if not, it could be brought to the
Court and the Court would make a ruling on it.
And, obviously, that didn't occur in this case.

MAGISTRATE JUDGE SCHROEDER: All right. Now, let me

address the other issue with respect to Pretrial Services. I,
quite frankly, am -- I won't even say somewhat. I, quite frankly,
am disturbed about the way this whole thing generated.
We have a simple alleged bail violation. If Mr. Bruce
really was concerned about the bail violation, as we do in
practically all cases, the Government merely needs to file a
motion with an affidavit saying we believe that the defendant is
in violation of terms and conditions of bail and we're moving to
have his bail revoked.
I have some real serious problems with Mr. Bruce
unilaterally communicating with the Pretrial Services Unit of the
United States Probation Office, which is there to serve the Court,
not the US. Attorney's Office, having these conversations.
And I'm not sure what it is Mr. Bruce told Mr. Kawski,
but I will say to you in all candor that I am of the opinion that
Mr. Bruce may have even mislead Mr. Kawski as to the seriousness
of this violation or the content of what these documents were that
constituted a violation to the point that he got Mr. Kawski to
request an arrest warrant.
And then Mr. Bruce doesn't go to me, he doesn't go to
Judge Skretny, he ends up in front of the chief judge of the
district and gets that arrest warrant.
In the past, in much more serious cases, including
serious drug cases, people have been brought in on a summons when
there's a claim of a bail violation.
And when I look at the totality of the circumstances in
Page 3 of12
GLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION
International incident under UP.U
Universal Postal Union-Berne, Switzerland

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

without making a formal legal finding -- that Mr. Bruce is bent on
a path of vindictiveness and retaliation against this defendant.
He reminds me -- and my memory doesn't serve me well
enough to pull up the name -- but he is the inspector from
Les Miserables who would spend 20 years chasing the man who stole
a loaf of bread because he was starving.
Doesn't the United States Attorney's Office have more
important things to do? Crime running rampant out there, young
kids blowing their heads off every day, the drug scene out there
just outrageous, innocent people can't even drive down the streets
without being shot at, and here we're spending this time on this
ridiculous nonsense.

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

said. It's my understanding -- and this is hearsay from
Mr. Bruce -- he advised me that he did contact your chambers and
was told that there were no matters pending before -

MAGISTRATE JUDGE SCHROEDER: There weren't. All my

motions had been decided.
MR. BURGASSER: And they were told they should go to the
district court. It's my understanding, from Mr. Bruce again, that
Judge Skretny was not available -- I don't know if Judge Skretny
was available or not available, but that's how it ended up in
front of Judge Arcara.

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

is why didn't he just file a motion saying it's the Government's
position that Mr. Buczek is in violation of bail, we're moving to
have his bail revoked, instead of going and getting Mr. Kawski
involved, getting the Probation Office involved and getting an
arrest warrant? We could have brought this all here on the
motion.

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

answer for that. I wasn't involved there-

MAGISTRATE JUDGE SCHROEDER: I know you weren't.

GLOBAL"DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION

International incident under u.P.U
Universal Postal Union-Berne, Switzerland

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

Mr. Bruce to come and handle the revocation. Again, I'll carry
that concern back.

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

good.

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

MAGISTRATE JUDGE SCHROEDER: No, I understand because

what happened after the last alleged bail violation is Mr. Bruce
ran to a grand jury and we have one of the indictments charging --
which is another unheard of thing in this district, going to a
grand jury on a bail violation ofthis nature.

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

you know, we're looking at one defendant. I think, again, on
behalf of the Internal Revenue Service that are our office is
representing, that this has been an ongoing problem.
I believe that I have the agent here who, if you would
like to speak to her, put her under oath, she would be willing to
address the reasons behind Mr. Buczek, the amounts of paperwork
and liens and other documents -

MAGISTRATE JUDGE SCHROEDER: If that same effort would be

utilized to go after the millionaires in this country who dodge
our taxes, who have hidden accounts in Switzerland, who have all
kinds of underground income, we wouldn't have the deficits we
have.
MR. BURGASSER: Well, I believe they're attempting to do
the Swiss bank accounts.

MAGISTRATE JUDGE SCHROEDER: Well, they seem to be taking

an awful long time to even get the ball rolling. So don't tell me
about them spending a lot of time and hours on this kind of a
case.

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

filed by this group, sovereign citizens -

GLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION

International incident under u.P.u.
Universal Postal Union-Berne, Switzerland

MAGISTRATE JUDGE SCHROEDER: That's something different.

We're dealing with an individual, Mr. Buczek.
This is an organization that's in existence throughout
the United States. If the IRS has concerns about a national
organization, they certainly have the tools and the manpower and
the muscle in Washington, D.C. to do what needs to be done, but
not picking on one individual in Buffalo, New York is going to
resolve the problems with this national organization, and to say
otherwise would be an insult to my intelligence.

POINTS AND AUTHORITIES

AUSA BRUCE has engaged in malicious, selective, vindictive and retaliatory prosecution of

shane, for exercising his First Article of Amendment right of association and freedom of

expreSSIOn.

When shane rejected the offered plea barging AUSA BRUCE had shane indicted on two

additional cases and help inspired a psychiatrist examination offive months. AUSA BRUCE

filed additional indictments in an attempt to coerce shane into a plea barging in violation of the

CONVENTION AGAINST TORTURE, CRUEL, INHUMAN AND DEGRADING

TREATMENT OR PUNISHMENT.

Article I; Article 1

1. For the purposes of this Convention, the term "torture" means any act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as
obtaining from him or a third person information or a confession, punishing him for an act he or a third
person has committed or is suspected of having committed, or intimidating or coercing him or a third
person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by
or at the instigation of or with the consent of acquiescence of a public official or other person acting in
an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to
lawful sanctions.

Page 6 of12
It 'i
GLOB{\L DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION
International incident under u.P.U
Universal Postal Union-Berne, Switzerland

AUSA BRUCE has violated shane's First Article of Amendment to the National
constitution by prosecuting shane for allegedly being a part of the sovereign citizen
movement. (See Exhibit E Transcripts)
Amendment 1 - Freedom ofReligion, Press,
Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a of grievances.

In addition AUSA BRUCE is violating THE COVENANT ON CIVIL AND POLITICAL

RIGHTS;
Article 22
1. Everyone shall have the right to freedom of association with others, including the right to
form and join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those which are
prescribed by law and which are necessary in a democratic society in the interests of
national security or public safety, public order (order public), the protection of public
health or morals or the protection of the rights and freedoms of others. This article shall
not prevent the imposition oflawful restrictions on members of the anned forces and of
the police in their exercise of this right.

MALICIOUS SELECTIVE VINDICTIVE PROSECUTION

The Supreme Court has stated the very purpose of instituting criminal proceedings against an

individual is to punish; therefore, the mere presence of a punitive motivation behind

prosecutorial action does not render such action constitutionally volatile. ~~~~~~-'=-=C!'~

~~~~~~~~"""-,,,-,-,,,-~,,-,-,,,-,~~~~-,-,-~~. However, "[t]o punish a person because he has

done what the law plainly allows him to do is a due process violation 'of the most basic sort.' "Id. (quoting

While a prosecutor may penalize a defendant for violating the law, a prosecutor may not punish a

defendant for "exercising a protected statutory or constitutional right." Goodwin, 457 U.S. at

GLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION

International incident under u.P.u.
Universal Postal Union-Berne, Switzerland

372, 102 S.Ct. at 2488. Therefore, the focus in analyzing a claim ofprosecutorial vindictiveness

must be whether If 'as a practical matter, there is a realistic or reasonable likelihood of

prosecutorial conduct that would not have occurred but for hostility or punitive animus toward

the defendant because he exercised his specific legal right.'

Since vindictive prosecution claims often turn on the facts of the case, to review a district court's

factual findings under the clearly erroneous standard, while to review the legal principles guiding

the district court de novo. Raymer, 941 F.2d at 1039 (citing ~~~~~~~~~!2-!~~

(3d Cir.), cert. denied, 493 U.S. 995, 110 S.Ct. 546, 107 L.Ed.2d 543 (1989». To establish a claim of vindictive

prosecution, the defendant must show either: (1) actual vindictiveness or (2) a reasonable likelihood of

vindictiveness, which then raises a presumption of vindictiveness. Raymer, 941 F.2d at 1040. Once the defendant

successfully establishes either, the burden shifts to the prosecution to justify its decision with "legitimate,

articulable, objective reasons." Id.If the defendant is unable to prove actual vindictiveness or a realistic likelihood of

vindictiveness, a trial court need not reach the issue of government justification. Id.

The presumption of vindictiveness has already been established at the August 20,2009 hearing by Magistrate Judge

KENNETH SCHROEDER, JR., and is unrebuttable.

In the present case, shane asserts actual malicious, selective vindictiveness, which is confinned

by the statements of Magistrate Judge Schroeder at the August 20,2009 hearing.

Generally, where, as here, a modification in a charging decision follows a mistrial occurring for

neutral reasons, such as a hung jury, and without objection from the government, no presumption

GLOBAL DEMAND TO DISI\.lISS FOR VINDICTIVE PROSECUTION

 International incident under U.P.U.
Universal Postal Union-Berne, Switzerland
3

of vindictiveness is raised because there is no reason why the prosecutor would consider the

defendant responsible for the need for a new trial. ==c..==---'-'-'==-=~==--"-"-'~~~~~4'

Nevertheless, the Supreme Court has refused to adopt per se rules in the prosecutorial vindictiveness context. Id. at

1521. Consequently, to determine whether a reasonable likelihood of vindictiveness exists, we must look to the

totality of the objective circumstances surrounding the prosecutorial decision. Id.

Because the government added the new charges against shane after the assertion of his right

to a trial, the "totality of the circumstances" test must be applied to conclude there is

prosecutorial misconduct present.

~~L30..~~~"'-"-=~~-'-'-"~"""-'~~'-'-J. (en banc) ("Nor does the prosecutorial practice of threatening a

defendant with increased charges if he does not plead guilty, and following through on that threat if the defendant
insists on his right to stand trial, create a presumption of vindictive prosecution. II (internal quotation and citation
omitted»; cf. Garza-Juarez, 992 F.2d at 907 (presumption arose, but was rebutted).

can even occur in a pretrial setting, as was the case here. See, e.g., Paradise v. CCl Warden, 136

F.3d 331,335 (2d Cir.1998) ("this court has consistently adhered to the principle that the

'presumption of prosecutorial vindictiveness does not exist in a pretrial setting. "' (quoting United

States v. White, 972 F.2d 16, 19 (2d Cir.1992)) (internal quotation marks omitted)); United ...

However, in the present case the presumption of malicious, selective, vindictive prosecution is

unrebuttable, leaving no need to continue to trial to detennine malicious, selective, vindictive

prosecution. It has already been established by Magistrate Judge Schroeder on August 20,

2009.(See Exhibit E)

GLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION

International incident under u.P.u.
Universal Postal Union-Berne, Switzerland

Pearce and Black ledge therefore establish, beyond doubt, that when the prosecution has

occasion to reindict the accused because the accused has exercised some procedural right, the

prosecution bears a heavy burden of proving that any increase in the severity of the alleged

charges was not motivated by a vindictive motive. 1 We do not question the prosecutor's

authority to bring the felony charges in the first instance (see United States v. Brown, 482 F.2d

1359, 1360 (9th Cir. 1973)), nor

A prosecutor violates due process when he seeks additional charges solely to punish a defendant

for exercising a constitutional or statutory right. See Bordenkircher v. Hayes, 434 U.S. 357,363,

98 S.Ct. 663, 54 L.Ed.2d 604 (1978); Hernandez-Herrera, 273 F.3d 1213, 1217 (9th Cir.2001).

To establish a claim of vindictive prosecution, the defendant must make an initial showing that

were added because the accused exercised a statutory, procedural, or constitutional

right. Magistrate Judge Schroeder Jr. on August 20, 2009_established the unrebuttable

presumption of malicious, selective vindictive prosecution~

CONCLUSION
Thus, for the above reasons, shane moves to dismiss the government's
cases against him and to dismiss the indictments in this matter which should not and
cannot be prosecuted because Mr. BRUCE is filled with malice and vindictiveness toward him.
AUSA Bruce has a personal animosity towards shane for his purported political beliefs of a
sovereign citizen. AUSA BRUCE must be disqualified from prosecuting the present cases
against shane.
Wherefore: shane respectfully requests the present indictments be dismissed with prejudice
Page 10 of12
GLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION
International incident under u.P.u.
Universal Postal Union-Berne, Switzerland

and AUSA BRUCE be disqualified.

Affiant further sayeth naught.

BY: -----~~------~~~
Without preju
All rights Rese
lam: me
C/o 7335 Derby Road
Derby, New York, America
Non Domestic without the US LINDA M. POTWORA
NOTARY PUBLIC. STATE OF NEW YORK

DA·}e DJ. a1/ 2 0 If) QUALIFIED IN ERIE COUNTY

'Mf COMMISSION EXPIRES FEB. 28, 20..L9

Exhibit A. PSYCHIATRIC REPORT By: Nubia J. Swain, M.D. & Shawn E. Channell, Ph.D,

ABPP Forensic Psychologist and Stephanie Byrd, M.S.Psychology FMC Devens

Exhibit B. Rule 17 Real Parties

Exhibit C. False Arrest & Bail Violation

Exhibit D. ANTHONY BRUCE Letters & Emails

Exhibit E. Transcripts from August 17 & 20, 2009

Exhibit F. JURISDICTION

Exhibit G. The Story

Exhibit H. Case 648 F2d 1264 Beard v. G Udall: Summary judgment in civil rights brought

under 42 USC Sec. 1983 affinn

GLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION

International incident under UP.U
Universal Postal Union-Berne, Switzerland

iJ~i
t'rJ CERTIFICATE OF SERVICE
On this the day of~, 2010, a true and correct copy was personally delivered to the
Clerk of the Court and opposing counsel by hand delivery by MICHAEL ROEMER

All rights Reserved

GLOBAL DEMAND TO DISMISS FOR VINDICTIVE PROSECUTION fJage Jl>t 12.

 p. 1

Nubia J. Swain. M.D.

1055 Zinnia Cr.
Nipomo. CA, 93444
Oiplomate of the American Board of Psychiatry and Neurology

I of5

PSYCHIATRlC REPORT

Re: Shane C. Buczek

D.O.8.:_
Evaluation dates: 05-29-08 and 6-09-08
Report Date: 06-09-08

Forensic Opinion: Mr. Buczek is competent to Stand Trial.

Basis for Forensic Opinion:

The basis for the above forensic opinion is the result of a complete psychiatric evaluation that
demonstrates that Mr. Buczek does Dot suffer from any major mental disease or disorder at this
time or at the time of the alleged acts with which he is charged.
Mr. BUC7.ek is capable, knowledgeable and appreciates the nature of the proceedings against him.
Because of the absence of any major mental disorder cUlTentiy and in the past. he does not need any
psychiatric medications or treatmeot at this time.
To illustrate these findings, Mr. Buczek has functioned in an appropriate manner in all realms of the
activities of daily living and work since his evaluation by Michael Brannon. Psy. D. On
02-17-2007, over one year ago.

Competency Findings:
I) Mr. Buczek was not suffering from a mental disease or disorder that rendered him
mentally incompetent to understand the nature and consequences of the acts for
which he is charged.
2) Mr. Buczek is not currently suffering from a menw disease or disorder that
renders him menlaily incompetent to presently stand trial.
3) Mr. BUC7.ek is not currently suffering from a mental disease or disorder that
renders him mentally incompetent. He is able to understand the nature and
consequences of the proceedings against him.
4) Mr. Buczek is not currently suffering from a mental disease or disorder that renders
him mentally incompetent to assist and cooperate properly in his defense with bis
Attorney.
S) Mr. Buczek is currently capable to understand and appreciate the implications and
and ramifications oftbe legal process.
6) Mr. Buczek is currently capable to understand and appreciate the rcmge and nature
oflhe possible penalties that might be imposed against him.
7) Mr. Buczek is currently capable to behave appropriately in court and testify
relevantly.

License No. C519228 Tel: (630) 415-9469

DBA No. BS 124582 J Fax: (805) 929-0428

'27PM

Book107/Page2081
Jun 16 08 OI:52p p.2

Nubia .J. Swain, M.D.

1055 Zinnia Cl.
Nipomo, CA, 93444
Diplomate ofthc American Board of Psychiatry and Neurology

20f5

CONTINUE COMPETENCY FINDINGS;

Diagnosis:
AXIS r: No diagnosis or condition on Ax.is I
AXIS II: Diagnosis or condition referred
AXIS m: No diagnosis
AXIS rv: Legal Problems
AXIS V: 82

Complete Psychiatric Repon foUows:

License No. C51928 Tel: (630) 4l 5-9469

DEA No. as 1245821 Fax: (805) 929-0428

Book107/Page2082
Jun 16 08 Ol:S2p p.3

Nubia J. SwaiD9 M.D.

1055 Zinnia Ct.
Nipomo, CA, 93444
Diplomate of the American Boare of Psychiatry and Neurology

30fS
PSYCI ITA TRlC REPORT

ID: Mr. BUC7.ek is a 38 y.o. Single, CallCaSian maJe, who has no children, residing in Delray
Beach, Florida. Referred for a Psychiatric Evaluation by his attorney Mr 10hnathan Altman.

CC: Mr Buczek says that he is facing a Competency Hearing in the State of New York in a
few weeks.

PRESENT HISTOR Y:
Mr. Bua.ek says that he came here willingly for the evaluation. He says he been cbarged with
several alleged acts including: Harassment, Impersonating an Officer. Fraud.
Mr. Buczek says that his Jegal difficulties started when he decided to begin using the Liberty
Dollar as currency to purchase merchandise in some local stores in Buffalo, New York. His
understanding is and wa... at those times that it is not against the law to do so. lie says charges arose
after an incident at a Hokey game when his sister decided to pay with the Liberty Dollar for her
refreshments at a stand at the Hokey A~na. He says thai security at this facility detained him, and
he and his father were questioned and charged with above alleged acts.
Me.Buczek says he became interested in learning about the Constitution. USA Currency and the
USA Taxing System in the Summer of2oo3. He hasjoined several organizations and attended
lectures about the Constitution and Civil Rights.
He is a supporter of the presidential candidate Ron Paul and agn:es with what the candidates stands
for. Mr. Buczek feels he is wrongly accused and feels his civil rights were violated when
he was arrested and sent to jail afler several agenci~ searched his parents home for several hours
and for no apparent reason looking for his passport. Mr. Buczek denies any mood swings or periods
of depression lasting more than 2 weeks. His sleep has become less restful since he has been dealing
with current legal problems. Regarding his eating he has foWld himself snacking more during
stressful days when dealing with current charges, gaining a few pounds.

DEVELOPMENTAL HISTORY:
Mr. Buczek is the oldest offive children. His parents were very young when they had him and
because of it his parents had marital difficulties including financial problems leading to a couple of
periods of separation. They lasted several months, the fIrSt one when he was 5 y.o. The parents
reconciled and have remained together since 1979. Due to the 10 years difference between tUm and
his sister, he grew up as an omy child. His parents were religious and his father was very strict. As
a child they aUtmded the Christian church: World Wide Church of God in Pasadena, California.
Because of financial difficulties he grew up in a modest home and neighborhood.
He denies any childhood traumas or abuses but remembers been teased at school.
Mr. Buczek says he was good at playing sports (bockey) and his life changed when he was given
permiSSion to attend and play sports at a new high school located in a wealthy neighborhood. His
self esteem was lifted and he did very wcU academically also.

Received lillie ·jur,15 3:27PM

Book107/Page2083
Jun 18 08 01:52p p.4

Nubia J. Swain, M.D.

1055 Zirmia Ct.
Nipomo, CA, 93444
Diplomate of the American Board of Psychiatry and Neurology
40f5
CONTINUE PSYCHlATRlC REPORT:

SOCIAL HISTORY:
Mr. Ruc7.ek is a coJlege graduate, has a Bachelon; in Science degree in Physical Education and a
Teaching Certificate. He has never married and has no children. Currently, he is employed at a
ramily business related to inspection and management. He also does part lime trading in the
stock market. He enjoys his current job and has been employed for at least 5 years.
He does not smoke tobacco, denies use of any illicit drugs or abuse of prescription drugs.
O~ionally has an alcoholic drink al social gatherings.

FAMILY HISTORY:
Mr. Buczek is the oldest of 4 children, has a sister 10 years younger, 27 y.o., two brothers ages
22 and 24. All in good health.
Mother is 57 y.o., alive and in good health.
Father is 58 y.o., alive and in good health.
There is no family history of psychiatric problems, drug addiction, alcoholism or criminal history.
There is no history of major medical, genetic or hereditary problems.

PAST PSYCHIATRIC HISTORY:

Mr. Buczek denies any previews history of psychiatric illness or treatment in any kind of setting or
faA::i1ity. He saw Michael Brannon., Psy. D. on 02-17-07 mandated by court for a Competency
Evaluation.

MEDICAL HISTORY:
Mr. Buczek denies any medical problems at this time. He denies ever having a major illness.
He denies any head trauma or loss of consciousness in the past. He has not known drug allergies.
Occasionally he has a backache. He prefers to use alternative forms of medicine )ike acupuncture
and relaxation techniques. He is not taking medications at this time.

MENTAL STATUS EXAMTNA TION:

Mr. Buczek arrived alone. He is a tall medium built young man. well groomed and casually dressed.
He was sociafly appropriate. He sat calmJy, had good attention and eye contact. He was alert.
oriented by person, place, time and siruation. He was able to concentrate shown by his ability to
spell the work WORLD backwards; he followed directions and responded appropriately to
questions. His intelligence estimated at high average range. His speech was clear, goal oriented
nonnal tone and rate. His thought process was sequential and coherent. He was able to
communicate without any difficulties in a verbal and written matter.

Book107/Page2084
Jun 16 08 01:53p p.5

Nubia J. SwailD~ M.D.

1055 Zinnia Ct.
Nipomo. CA, 93444
Diplomate of (he American Board of Psychiatry and Neurology
5 of 5

CONTINUE MENT AI.. STA TIJS EXAMINA nON

Mr. Buczek was able to recognize and name familiar objects. His mood and affect were euthymic
and appropriate. Mr. Buczek is able to understand and use abstract concepts by interpreting
proverbs and idiomatic expressions like 'Don'ljudge a book by ils cover' or 'don't cry over spilled
milk.' He is able to organize and follow complex pJans and carry out actions (aU the planning
involved in making this trip to arrive at this office from Florida}.Mr. Buczek's immediate. recent
and remote memory were intact.
He was able to do calculations. sUbtracting 7 from 100 and 7 from that answer and SO on without
any difficulties. He denied any visual or auditory hallucination. He denied any obsessions or
compulsions.
There was no mention of or found during the examination any cvidencc of a delusional system or
paranoid belief

SUMMARY AND CONCLUSIONS:

After the above complete psychiatric evaluation on 05-29·08. a phone interview on 06-09-08 and
review of internet literature related to the case, it is my professional opinion that Mr. BUC7.ek does
not suffer from any mental disease or disorder currently or at the time of the alleged acts with which
he is charged. Mr. Buczek is of sound mind and is competent to stand (rial and to cooperate in his
defense with his lawyer. He was not mentally ill during the alleged acts nor is he currently. During
the evaluation Mr. Buczek did not display any behaviors nor mention any materiaJ that meet the
criteria for a Delusional Disorder or Bipolar Disorder. He does not bave any history of violent or
assaltive behavioTS and I did not feel uneasy or threatened by him despite the fact that we were
aJone in the office after hours).
During the session he expressed his knowledge about the Constitution and civil rights as well as his
support for the Republican Candidate R.on Paul. He said that he shares MY. Ron Paul's political
views which are public knowledge and shared by thousands of supporters for his candidacy.
Mr. Buczek is a very idealistic man who likes politics and learning about the history of this country.
He is concerned about the financial situation in the country and Uying to find ways to
keep himself financially secure by trading silver and gold but this is a concern shared by millions of
people in lhis cOWltry.
Dr. Michael Brannon made a diagnosis of Delusional Disorder based on Mr. Buczek's verbalization
of political issues that are the basis for the Roo Paw campaign and are public knowledge and shared
by thousand of peoples that have voted supporting his record as a Congressman.
Delusional disorders are very uncommon, and even more so when there is no family history of
psychiatric disorders.

Nubia 1. Swain, M.D.

License No. CSl928 Tel: (630) 415·9469

DEA No. as 1245821 Fax: (805 929-0428

Rece:ve: T'~e Jun. 15 3 27PM

Book107/Page2085
 Notary Jurat

STATE OF FLORIDA )
COUNTY OF BROWARD) I hereby certify that on this day, before me, an officer duly authorize to administer oaths
and take acknowledgments, personally appeared Shane Christopher Bu.zcek known to me to be the person(s) described
in and who executed the foregoing instrument who acknowledged before me that shelhe executed same, and an oath was not
taken. Said person provided identification.

Witness my hand and official seal in the County and State last aforesaid this:

Notarv PublIC Stare of Flonda

Cl'lflsio;llle' PMip Marrero

tt~T~4 /hr{/;i(~Y4-l
My eo..,mtSSlon 00678919

~7
.. ExpIres 0512812011

Notary Printed Name

Book107JPage2086
 Ft"renslc I~ep(.!Tc '" .Page 5 G1 i (;
BLXZEK, Shane. C F-eg. ",h 90656- 1 1.
Apr] 27, 20()9

that meet the criteria for Delusional Disorder or Bipolar Disorder." Dc. Swain offered the opinion that
"Dr. Michael Brax'!'rion l'nade a diagnosis of Delusional Disorder based orl Yrr. Buczek's verbalization
of political issues that are ... public knowledge ar:d shared by thousand of peoples (sic) .. " Dr. S\vain
opined :<h. Buczek was competent to stand trial and did not diagnose him \vith a mental illness.

EVALUATION FINDINGS:

Behavioral Observations and Course of Evaluation: Mr. Buczek arrived at FMC Devens on
February 19,2009. He presented as well-groomed \,,·jth appropriate motor behavior and speech. He was
polite and cooperative during intc.rvie1.vs. At the time of admission, he reported he was doing well and
denied significantly depressed mood, auditory and visual hallucinations, and suicidal ideation. He was
noted at times to answer questions with information unrelated to the topic of the question.

Mr. Buc.zek was initially housed on a semi-locked mental health unit. Shortly thereafter, he was moved
to an open mental health tmit, where he remained for the duration of the study. The defendant acUusted
well to the open unit, got along well with other patients and exhibited no problematic behavior on the
unit-He attended independently to activities of daily jiving and received no incident reports for violation
of institution rules.

Current :MentaJ Status: iv1r. Buczek is a 39-year-old. Caucasian male \-vho appeared his stated age.
He presented as well-groomed with normal gait and posrure. He exhibited no psychomotor agitation.
He was polite and cooperative during interv jews. He was open to discussing many topics and responded
in a considered and deliberate manner. His eye contact \vas good. His affect was mood congruent and
appropriate. Mr. Buczek denied auditory and visual hallucinations throughout the evaluation period.
His thought process was logical and goai directed. The defendant consistently denied suicidal and
homicidal ideation. He \-vas alert and well-oriented to persol1~ place, time, and situation. His intellectual
functioning was estimated to be average based on verbal fluency, vocabulary, and social skills.

Medical Evaluation, Studies, Treatment: The defendant participated in a routine physical 011
February 20,2009, conducted by M. Montecalvo, PA-C. The evaluation revealed no current medical
diagnoses. During the course of the evaluation. Mr. Buczek \vas not prescribed any medications.

Psychological Test Results: During the administration of psychological testing, Mr. Buczek was able
to attend to the test items without any observed difficulty and appeared to be putting forth maximum
effort. He was administered the Wechsler Abbreviated Scale of fntelligence (WAST). The 'VAST is an
abbreviated measure of verbal and nonverbal intelligenc.e which results in a Full Scale Intelligence
Quotient OQ) similar to the mean and standard deviation of the Wechsler Adult Intelligence Scaie-Third
Edition (WATS-rTf). Relative to individuals of a comparable age, MI:". Buczek performed in the Low
A verage range of intellectual functioning. Because he appeared to exert maximum effort on these
cognitive tasks, his scores appear to be indicative of his true intellectual abilities.
:'vlr. Buczek i·vas also administered the ?vfinnesata :-"Jultipnasic Personality lrrventory-Second Edition
Cv1MPT-2.). n;c M)..lPI-2 is a structured persona: it}· inve:itory desigr:ed TC assess an ir.dhi:dual's
nersonality ~~·hBr8.cteristics and eruotiona;. adjustment. The validit:~! indices of the :Vf\·1PI-2 indicated the
defe;lduFt responded :n :;; manner in \vhich he pr~sented himself 3$ very virt1.10JS and v,,-eH-~,d_;ustd.
Su:::h", response style can affect the :-esulting ciir:lcsl prof!les by gi-.. ·ing doe: apt'carance the individuai
is '.vell-adjusted and free of emotional problems and symptoms, vv-hen this is not actua:Jy the case Given
\:fr Buczek's response style, the resulting clinical profile was not interpreted

CLINICAL FOR.t\1ULA TION:

There was no available information to suggest ~.Ir. Buczek has a history of mental health problems or
treatment His presentation during the course of this evaluation did not suggest the presence of a major
mental illness. Based on motions filed with the Court, th~ request for the current evaluation was
prompted by the defendant's odd statements when interacting with the Court and his attorney. as well
as a number of unusual communications he has had with his attorney, and letters he has sent both to his
attorney and the Court. These behaviors, wben considered in isolation, do appear very unusual, possibly
even suggestive of delusional psychosis. Hm,vever, his statements, writmgs, and behavior are consisten~
with the "sovereign citizen movement."

The sovereign citizen movement is a loosely organized collection of groups and individuals who have
adopted beliefs originating in the theories of the Posse Comitatus in the 1970s. Adherents believe
virtually ali existing government in the United States is iilegitirnate and seek to restore an idealized,
minimalist government which never actually existed. Sovereign citizen ideology claims at one time
there was an America governed by "common law" in which every citizen was a "sovereigr;" and there
were no oppressive laws, taxes, or regulations. However, a conspiracy gradually subverted the system,
repl.acing it with an illegitimate succ·essor. Different theorists have varying versions of this progressioJi,
for example, some argue the government ha.s made its citizens property and utilized them as collateral
in financiai dealings. This is a belief central to the "redemption" movement.

The redemption movement theorizes that the United States went bankrupt in 1933 which resulted in the
passing of House Joint Resolution (HJR) 192. Proponents argue there was no longer any legal money
(e.g., gold and silver) and HJRl92 eliminated the ability to pay debts, allowing only for their discharge.
"Redemption," also known as "Accept for Value,"' further proposes that the physical bodies of United
States citizens \vere converted into assets and then soid as bonds to be "redeemed." Proponents believe
that in 1936, \-vhen Social Security was created, the United States Government began taking it's citizen's
birth ce:1:ificates and placing them with the Department of Commerce as "registered securities." Birth
certificates were said to be considered representa:ive of the iabor and work of the citizen, including
everything owned b) the citizen. Therefore, all citizens and their property were considered collateral
fer bonds i.ssued by the government. The artificiai entity created by the govemment 1s known as the
"strawman." The "stra\.1iman'· is believed to be a corporate entity used by the government as financial
collateral and can be identified through the use of uppercase letters (e.g., JOHN DOE). The "sovereign'"
or ~~freeman~"~ 1S identified through the use of both upper and fo\.v~! (:ase 1etrers (c.g.~ .rol~n Doe\ ?~nd is
also ider:tifiec1 through the strategic use of colons and h:'Phens.
Redemptit)nist.~ believe that by using d c.om.plicated process fhey car: regairJ their ·~5tra\;:o,/mC~i.~~ One
method ofdoi;-)g so involves the "Use oftne uniforrn Commerc;a; Code (Uce). One popular scvereign
citizen manuaL Crack.ing the Code, describes the CCC as the ~egal means for "for':ifying your existence
and deflecting all legal and financial assaults on your iredom. family, we<'ilth, property, a;1d peace of
mind." Redemptionists believe that 'oy regaining their straw man they can estabHsh fictitjous ban..k
accounts \vhich c·an then be used to discharge various debts. Many redemptionists also utilize bogus
financial instn.ullents to make purchases or pc.y off debts with the belief that the recipient of the
instrument can thel) present it to the federal govemment for payment. The "accept for value" scheme
is similar, ,vith the idea being that anything given to the redcmptionist can have a value placed on it and
that their internal Treasury account can then be accordingly adjusted.

Mr. Buczek has filed mUltiple motions and made multiple statements \'Vhich clearly align him with the
sovereign c.itizeniredemption movement. He has repeatedly referenced the DeC has identified «the
debtor" as "SHANE C BUCZEK" and himselfas "Shane Christopher: Buczek," and has allegedly been
involved in prior financial dealings which are consistent with "redemption." The defendant has
specifically stated, in a fi ling dated, March 20,2008 (italics added), "1 am not a company or a sfrawman
fiction, therefore it is a fraudulent statement to refer to me as an all capital corpa/jela. as I do in fact,
do not use any other, nor do I ailow any other form of my neither name, nor capitalization T am In
Propria Persona." During interviews, Mr. Buczek also openly shared his beliefs about finances and that
all money should be in the fonn of "gold and siIver, no bills of cUlTency:'

Individuais l)'Pically learn about the "redemption" by attending seminars . reading articles, or by
reviewing documents obtained from the fntemet. During interviews, Mr. Buczek indicated much of
what he has learned "vas gained through attendance at seminars and other trainings. Finaiiy, the fact
\!fr. Buczek is charged \vith False Statements, False Statement in ApplicatioTi/use ofPassport, and Fraud
with Identification Documents is not coincidental. The very offense behavior with which he is al1eged
is the result of his belief he is not a "citizen" of the United States, but as indicated in a March 20, 2008,
jetter, a "Nationai of The United States of America:'

In conclusion, while Mr. Buczek's statements, behavior. and writing \.vouJd appear very unusual..
possibly psychotic. vliithout an understanding of their foundation, the fact that his beliefs are generally
. ,.,
acceDtedb\ilnembersof~he sovereign . are neither delusional nor indicative
...... citizen subculture means thev
of psychosis. There is no evidence that Mr. Buczek meets diagnostic criteria for a mental illness.

i2JAGNOSTJC IMPRESSION:

The following diagnoses are offered in accordance \.vith the criteria set forth in the Diagnostic and
Statisticallvfanua! orMenlal DiSOrders-Fourth Edition-Text Revision (DSil..1-[V-TR) Diagnoses of Axis
ITT medical conditions are based on the impressions of Fyre Devens mediad staff:
 /'..xi5 I: I,
no
\ '~i; .J./

Axis UI:

Axis IV: Problcm~ related to interaciion with the legal system

Axis V: GAF= 85 (Current!

OPINION ON PRESENT COMPETENCY TO STA.~D TRIAT-!:

!.n order to assist in the evaluati.on of Mr. Bucz.ek' $ competence to stand trial, he was administered the
Evaiuation of Competency to Stand Trial-Revised (ECST -R). The BCST -R is a semi-structured
interview designed to assess understanding of courtroom proceedings, ability to make decisions which
are not grossly impaired by mental illness or impairment, and the abi:ity, to establish and maintain a
working relationship with an attorney. In addition to directly evaluating c.ompetency, the ECST-R
addresses fe:gni11g or exaggeration of mental health symptoms as thcy relate specifically to competency
to stand ~ria1.

The defendant demonstrated a strong factual understanding of his charges and courtroom proceedings
\Vhen asked vvhat he believes he has been charged with, Nfr. Buczek stated, "All Title 18, lOOA. [542,
and 1001A2." When asked to explain what these charges meant he stated, "falsifying a C.S. Passport
and false identification, He stated an understanding ne could be incarcerated for "a couple of years" if
convicted of the offense and added, "1 may have alread~y served the time," referring to the time he has
already been incarcerated.

The defendant understood the judge \vas in charge cf the court, detemlines the verdict and sentence in
some circumstances. He recognized the defense counsel as his attorney who "protects my rights" and
"finds ways to suppress any indictments." He recognized the prosecuting attorney as the individual who
"finds out if a criminal act has been committed by determining if you have violated certain statutes or
codes." He recognized the prosecuting attorney as the individual who brings the charges against the
defendant. Mr, Buczek identified the jury as a group of individuals who "are supposed to analyze the
charge and find out if there ,-"as intent, they say whether you are guilty or not guilty." He recognized the
jury was considered neutral, but asked, "What ifajury hasn't taken a sovereignty seminar?"

Mr, Buczek reported he vv'as av,fare that he had the right to testifY if his case went to trial. He stated,
"With regard to whatever question is glven to me, [l wi:] answer] it truthfully, with as much information
as I know." With regard to decisions as they apply to accepting a plea bargain, he indicated he would
discuss these issues with his attorney, consider his advice, and decide if it was in his best interest.
Vir. Buczek reported the best Qutcome in his case would be to "have the case dismissed." He indicated
}3t~;:ZLE~~. Sh2r,~,
,~pril ,7009

he does not kn0\V if this outcome is Ekel)'. \l.Jhen as}~ed YV:tat ih.e v.-'orst case scenario \vould be., he
staled~ -'I am alrca.dy irl it L~ 'The· defendant expre:sseci ;1T:: ur'ld.erstanc.ir.g of c.ppf('!pr1at~ c·otE"trOOrt,
be}:a via-r- a~d repJ:ted he had never ~_c·tcd O';]! if'! COl.Jrt I~Te re\~ognjzed ~~r~;:lt ta Ikir1g 1:<:'1 the p~osecutor
\lvlthcut his attCjl-ne~\,.1 \v0uld tl()t L")e a good ldea~ stating ... -"'((.)L.;. neec 3. proteC1()1~ there~ (;(Jut~set.~ so you ("an
run it through hirr,,"

The defendant ir;dicated he fined his atiomey, Jonathan AltmarL in October 2008, "because he vvou!dn't
pursue discovery:' ML Buczek explained he requested that Mr. Altman rr~1Vide him '"vith discovery
materials of the case before he would agree to plcad:ng guilty', However, he indicated his attorney would
not provide records or discovery, so "[he J had to get rid of him," He indicated that prior to firing
ML Altman, he met with him on approximately eight separate occasions, and spoke with him several
times by telephone, The defendant stated he disagreed with his former attorney because "he refused to
file a motion to dismiss and his request for discovery:' ML Buczek stated he did not know the reasons
his attorney refused to file the motion or provide him with discovery, He added. "T have a strong belief
the indictment wasn't done correctly,"

W'hen asked his expectations of an attorney, Mr. Buczek stated, "to get discovery" and added,"I expect
myaitorney to protect me from further incarceration." The defendant indicated his attorney would likely
expect him to "be truthful, [and] notify him of any other issues he needs to know about" Mr. Buczek
explained since firing his attorney he has been wotkingv"'ith "counsel from Arizona and California," bm
aCknowledged these attorneys are not formally invoJ'ved i:1 his case at this time, When asked hOVi he
\'{ould handle a disagreement with a new attorney, he stated, "1 wculd have the whole fam ily get together
and talk to him at a round table discussion."

According to a Petition ofJonathan F. Altman, Esquire To Withdra"v As Counsel For Shane C. Buczek,
dated October 7,2008, Mr, Altman reported he "received cryptic emails from l\.-fc. Buczek the substance
of which \vas incomprehensible:' The motion also states Mr. Altman was unsuccessful in reaching and
communicating with Mr. Buczek regarding his legal case.

)\/fany of Mr, Buczek's writings were reviewed during the CUlTent evaluation. Certainly, they are, as
noted by Mr. Altman, often "cryptic" and "incomprehemibk." However, alt of the writings, if not
directly lifted from sovereign citizen literature, are directly descended from such iiterature Sovereign
citizen teachings and the recommended processes are frequently obtuse and difficult to fCliow. It has
been theorized that the density and "cryptic" nature of the teachings is deliberate in order tbat when the
people who lIse the strategies unavoidably rur. afoul of authorities, proponents can claim the
recommended strategy was simply not applied correctly and that c.orrectly· following the steps would
certainly be successful.

In conclusion, there is no present objective evidence to indicate Me Buczek suffers from a menta;
disorder which 'Nouid substantially impair his present ability to ur.derstand the nature and consequences
ofthe court proceedings against Ilim, or impair his ability to pmperly assist counsel in his defense, His
factua1 and raIioria'i understanding of courtroorn pr<ic.cdufe :s \l\,',~; ~ \·'./~7hiTi v.,.rhat IS genera: J:v· cons i :-::.:::'ed.
~onsi~teftt \i\!ifn. . competence
to stano triaL .~ l~;.)~ ·c.d~d ;.;";at ~-;';;~n\ !~:r1J def£nd3r;t~
,r-. , 1'\ ~
;' ./

~ ~~
/~
-~ .)~
Sh n E. Channd?'~~;\BPP
Forensic Psychologist
Board Certified in Forensic Psychology
 > Rule 17

Rule 17. Parties Plaintiff and Defendant; Capacity

Real Party in Interest. Every action shall be prosecuted in

(a)
the name of the real party in interest. An executor, administrator,
guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has
been made for the benefit of another, or a party authorized by statute may sue in that person's
own name without joining the party for whose benefit the action is brought. No action shall be
dismissed on the ground that it is not prosecuted in the name of the real party in interest until a
reasonable time has been allowed after objection for ratification of
commencement of the action by, or joinder or substitution of, the real party in interest;
and such ratification,joinder, or substitution shall have the same effect as if the action had been
commenced in the name of the real party in interest.

[emphasis by me]

(b) Capacity to Sue or Be Sued. The capacity of an individual, other than one acting in a
representative capacity, to sue or be sued shall be detennined by the law of the individual's
domicile. The capacity of a corporation to sue or be sued shall be detennined by the law under
which it was organized. In all other cases capacity to sue or be sued shall be detennined by the
law of the applicable state, except (1) that a partnership or other unincorporated association,
which has no capacity by the law of its state, may sue or be sued in its common name for the
purpose of enforcing for or against it a substantive right existing under the Constitution or laws
of the United States, and (2) that the capacity of a receiver appointed by a court of the United
States to sue or be sued in a court of the United States is governed by Title 28, U.S.c., Sections
754 and 959 (a).

(c) Infants or Incompetent Persons. Whenever an infant or incompetent person has a

representative, such as a general guardian, committee, conservator, or other like fiduciary, the
representative may sue or defend on behalf of the infant or incompetent person. An infant or
incompetent person who does not have a duly appointed representative may sue by a next friend
or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or
incompetent person not otherwise represented in an action or shall make such other order as it
deems proper for the protection of the infant or incompetent person.
 United States District Court

for

The Western District of New York

Violation Report of Defendant Under Pretrial Supervision

Date: August 12, 2009

Name of Defendant: Shane Buczek Case Numbers: 1:08-CR-00054

1:09-CR-00121
1:09-CR-00141

Name of Judicial Officer: Honorable William M. Skretny, U.S. District Judge

Charge: Title 18, U.S.C. § 1001 (a)(2): False Statements; Title 18, U.S.C. § 1542: False
Statement in Applicatlon/Use of Passport; Title 18, U.S.C. § 1028 (a}(4): FraudWi1h
Identification Documents; Title 18, U.S.C. § 1344: Bank Fraud; 18 U.S.C. § 3147:
Offense Committed While on Pretrial Release, and Title 18, U.S.C. § 401: Contempt
of Court.

Initial Appearance Date: March 14, 2008

Release Date: March 14,2008

Bail revoked, psychiatric evaluation ordered: January 16,2009

Release Date: May 15, 2009

Bail: $10,000 signature bond with pretrial supervision to include electronic monitoring.

NONCOMPLIANCE SUMMARY
The defendant has not complied with the following condition(s) of release:

Violation Number Nature of Noncompliance

1 You shall not commit any offense in violation of federal, state or

local law while on release in this case.
Circumstances:

On July 28,2009. the defendant sent an envelope via the U.S. Postal Service, First
Class Mail, to Douglas Schulman, IRS Tech Support, Department of the IRS, Washington,
D.C. This envelope contained what appears to be legal documents filed by the defendant
in an attempt to file a lien against numerous individuals including, but not limited to, United
States District Judge William Skretny. United States Magistrate Judge H. Kenneth
Schroeder, Acting U.S. Attorney Kathleen Mehltretter, and Assistant U.S. Attorney Anthony
Bruce.

CONFIDENTIAL DOCUMENT
NOT FOR PUBLIC DISCLOSURE - NOT TO BE FILED ON CM-ECF Page 1
RE: BUCZEK, SHANE
1 :08CR-54-01
1 :09-CR-00121
1 :09-CR-00141

After consulting with Assistant U.S. Attorney Anthony Bruce, it appears the subject
has acted in violation of Title 18 U.S.C. § 1521, Retaliating Against a Federal Judge or
Federal Law Enforcement Officer by False Claim or Slander of Title. Attached are copies
of the documentation described above.

Violation Number Nature of Noncompliance

2 You shall not commit any offense in violation of federal, state or

loca/law while on release in this case.

Circumstances:

On September 5,2008, U.S. Magistrate Judge H. Kenneth Schroeder, Jr., signed

an order prohibiting the subject from contacting the Internal Revenue Service concerning
any matter other than his personal liability to file any return or pay any tax imposed by the
United States. As noted above, on July 28, 2009, the subject mailed documents to the
Internal Revenue Service that were unrelated to the criteria set forth by Judge Schroeder.
The subject has been indicted for nine-counts of Contempt of Court (1 :09-CR-00141-001)
for similar filings, indicating he is aware this is prohibited behavior. After consulting with
Assistant U.S. Attorney Anthony Bruce, it appears the defendant, in addition to violating a
release condition, has also violated Title 18 U.S.C. § 401 (3), Contempt of Court. This
documentation is attached for Your Honor's review.

Violation Number Nature of Noncompliance

3 The defendant shall not engage in any activity that can

reasonably be constructed as a threat against any prosecutor,
any United States Attorney's Office, any state prosecutor or law
enforcement officer, any court officer, judge, probation officer or
pretrial services officer.

Circumstances:

The documentation described above appears to be a financial threat against

numerous government officials. This documentation is attached forYour Honor's review.

CONFIDENTIAL DOCUMENT
NOT FOR PUBLIC DISCLOSURE - NOT TO BE FILED ON CM·ECF Page 2
RE: BUCZEK, SHANE
1 :08CR-54-01
1 :09-CR-00121
1 :09-CR-00141

Nature of Noncompliance

The defendant shall not file, attempt to file or conspire to file, any
public record or in any private record which is generally available
to the public, any false lien or encumbrance against the real or
personal property of any member of the staff of the U.S.
Attorney's Office, of the Court (including Probation and Pretrial
Services), or of any agency involved in this case, including any
District Attorney's Office.

Circumstances:

The documentation described above appears to be a false lien or encumbrance filed

against several individuals, including members of the federal judiciary, and U.S. Attorney's
Office. This documentation is attached for Your Honor's review.

Violation Number Nature of Noncompliance

5 The subject shaJi not communicate with any government agency

unless filed through the District Court Clerk's Office.

Circumstances:

The documentation described above appears to have been mailed directly from the
subject to the Internal Revenue Service and not filed through the Clerk's Office as ordered
by the Court. This documentation is attached for Your Honor's review.

Violation Number Nature of Noncompliance

6 You are restricted to your residence at aU times, except for

medical needs or treatment, religious services and court
appearances pre-approved by the U.S. Probation Officer.

Circumstances:

As the subject is acting as his own attorney, the subject has been authorized to tend
to legal work at the U.S. District Court Clerk's Office and various libraries containing legal
resources for the subject's use in the defense of this case. The documentation described
above appears to be notarized by an individual at an unauthorized location. This
documentation appears to have no relation to the defense of his case, indicating travel to
this location is a violation of his release conditions.

CONFIDENTIAL DOCUMENT
NOT FOR PUBLIC DISCLOSURE· NOT TO BE FILED ON CM-ECF Page 3
RE: BUCZEK, SHANE
1 :OBCR-54-0 1
1 :09-CR-00121
1 :09-CR-00141
Adjustment to Pretrial Supervision:

The subject has been on pretrial supervision since March 14, 2008, and violation
behavior has been frequent. He has had numerous Court appearances and has been
given ample time and comprehensive instruction to comply with the Court ordered
conditions of release. It appears the subject is either unwilling or unable to comply with the
Orders of the Court.

This memorandum is provided to the Court and U.S. Attorney's Office as information
pursuant to Title 18, U.S.C. Section 31S4{S).

I declare under penalty of perjury that the

foregoing is true and correct.

Executed on ~z/a ~
Signed by: ;;:;:;Jr-;:t ft..
Scott A. Kawski 7
U.S. Probation Officer Specialist
Buffalo, NY

cc: Anthony M. Bruce, Assistant U.S. Attorney

Shane Buczek, Pro Se Defense

CONFIDENTIAL DOCUMENT
NOT FOR PUBLIC DISCLOSURE - NOT TO BE FILED ON CM-ECF Page 4