Viertel v. USA

Filing 32

MEMORANDUM OPINION AND ORDER 103916 re: 31 MOTION for an Order to Show Cause and apprehend an unfiled "Sealed Indictment. filed by Christian T. Viertel.The application for orders to show cause is denied. (Signed by Judge John G. Koeltl on 1/30/2014) (djc) Modified on 1/31/2014 (nt).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
────────────────────────────────────
CHRISTIAN VIERTEL,
08 Civ. 7512 (JGK)
01 Cr. 0571 (JGK)

Petitioner,
- against –

MEMORANDUM OPINION
AND ORDER

UNITED STATES OF AMERICA,
Respondent.
────────────────────────────────────
JOHN G. KOELTL, District Judge:
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 is denied.

There is no pending action

before this Court for which such information could be relevant.
The last application for a writ of error coram nobis was denied,
and the appeal from that Order is pending in the Court of
Appeals.
In addition, the petitioner has failed to show good cause
for the discovery he seeks and, with respect to any requests for
grand jury materials, he has failed to make the particularized
showing necessary to obtain such materials.

See, e.g., Garafola

v. United States, 909 F. Supp. 2d 313, 335 (S.D.N.Y. 2012) (“A
petitioner in a habeas corpus proceeding generally does not have
a right to discovery unless the petitioner can show good cause.”
1

(citation omitted)); Ida v. United States, 191 F. Supp. 2d 426,
434 (S.D.N.Y. 2002) (“[L]itigants seeking access to grand jury
materials must show a particularized need for such
materials . . . .” (citation omitted)).
The application for orders to show cause is denied.
SO ORDERED.
Dated:

New York, New York
January 30, 2014

____________/s/_____________
John G. Koeltl
United States District Judge

2

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212 805 7912 - PAG. 001/017

Wniteb ~tates 11Bistritt <tou t

Jg~M£~JE~fl

jfor m:bt :;,outbttn 19i1itrirt (/f)f ji}eht ~ork ' - - -_ _-!U{.:.:.S2.:..D~..:!.:J._ _ ___I

UNITED STATES OF AMERICA,
Pfaintiff,

FRITZ G. BLUMENBERG,

CHRISTIAN T. VIERTEL,

defs

JOHN C. LEE, exclusive NoLLee

(faxed to chambers @805-7912 on Jan-27-14)

UN(RE]SOLVED MOTION, DA CAPO, FOR
ORDERS TO SHOW CAUSE, TO APPREHEND A
STILL FUGITIVE reSEALED INDICTMENT"
LOST, FEIGNED OR FILED ON 6/14/91'5
ELEVENTH HOUR; TO FURTHERMORE 1) SHOW
ffJUDICIAL SEALING" ORDER OF 6/14/91;
2)SHOW COURT FORM AO 199; 3) SHOW
WHY ID-MARK "JUDGE KOELTL" ON DOC#l
INFIXEDS DAYS LATER SHOULD NOT BE
SANCTIONEDj 4) SHOW PROPRIETY FOR
NYSO-CR-CASE-519's 96+ HOURS DOCKET
SALTO FORWARD TO 6/18 1 ; 5) SHOW
..fCLERK LOPEZ" WAS A LIVING CLERK
"WHO" FOLLOWED JUDICIAL ORDER ON 6/14
OR6/1S BY RUBBERSTAMPING WARRANTS
2001 (Cr) 99571- (93) (JGK)

[pubLished http://bit.Ly/lhOBBwm7

------------------------------x
~otion fot

expebiteb ~tberB anb fot t1amtur of QConbtctions bue lack of jf ebernl
3Jurlsbiction for QCount @ut' ober bod) timt'-barCl~b obert !lcts

jJ}urdUlIltt t o

what this court SO ORDERED on 01/11/14: "granted in part

and denied in part". As in - stratagem cunctatoris - the Court

misconstrued

its "grant" of a direct Motion demand for SHOW-TELL-RELEASE of
{(SEALED INDICTMENT" as Rroclaimed per DOC#2, which the

a truly

Court~~~!Jlijmately

The Court was noticed by «GOTCHAu fax http:Ubit.ly/1f3zQ54 that rectitude
of a "06/14/2001» TRUE BILL filing was dismal, as in FRAUD UPON THE COURT.

1

Page 1 of 17

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212 805 7912 - PAG. 002/017

failed 2 to produce from Courthouse records, despite available services from
its intramural uSealed Records Department)J.

t'I'There is such a thing as due process of Law ! "
Scalia on 1/21/2014 as reminder to the Federal Judiciary.
Good CAUSE is based upon good Law: US V. COTTON (91-687) 535 U.S. 625
(2992):

"Because subject-matter jurisdiction i.nvoLves a court's power to

hear a case, it can never be forfeited or waived. Thus

J

defects require

correction regardLess of whether the error was raised in district court",

and J

Where jurisdiction is chaLLenged it must be proved.
(Hagan vs. Lavine, 415 U.S. 528 (1974)); see also: UWithout
jurisdiction the court cannot proceed at aLL in any cause.
Jurisdiction is power to decLare the Law, and when it ceases to exist,
the onLy function remaining to the court is that of announcing the
fact and dismissing the cause. # (Exparte McCardLe, 7 WaLL 5e6, 514
(1869)). Chief Judge Kozinski slightly touched the tip of one iceberg

of a mountain-chain of icebergs: "There is an epidemic of Brady
vioLations abroad in the Land. OnLy judges can put a stop to
it." [U.S. vs. OLsen). Movant notes that Kozinski obviousLy refers to
the nobLe majority of the judiciary.

2Uln order for a document to be filed under seal, a protective order must be
signed or a request by letter must be granted by a judge. A copy of the
order or letter must be presented when filing the document. The only.
exceptions are if the entire action has been placed under seal or a Judge
has signed the sealing envelope and submits it directly t? the sealed
records clerk." Federal Judiciary Center: All documents f1led under SEAL
must contain original signatures.
Page 2 of 17

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212 805 7912 - PAG. 003/017

GOOD CAUSE UNO
In

lieu,

this

Court

re-produced

deja-vue

two,

indubitabLy

confederated, probabLy doctored and concocted rather self-serving and bogus
documents (DOC#_1 titled ((INDICTMENT" was backdated & DOC#~, also titled
"INDICTMENT"

a

((saftig

fig

leave-scam"

typed

up

hastily

by

USANYS'

prosecution team for extra-rubberstamping by any ready and slavish enough
Magistrate in commission of entry-fraud) on PACER files to seek derailment
of DUE PROCESS review,

but unconforminq to DOC#314 MOTION DEMAND (hereby

adopted in its entirety).

[Hon.Puppitman A-Go-Go ? Favorism catches friendLy fire7
How many «INDICTMENT"
around,

before

a

missing

3

LABELS is this Court going to pull (?) and mail
«SEALED

UPON

APPLICATION"

VERSION

will

see

daylight?
Seasoned Federal Clerks confirmed to Movant,

that OOC# 2 was not

prepared and not worded by Honorable Pitman or his staff, evidenced by the
missing "ORDER" label

adjacent

right

of the

caption

and

by fact

that

Magistrates ('would not type up INDICTMENTS, pointing to the United states

for the overt tempLate bLunder", also, staff pointed out, that ccno record of

3

What

tt C!oi.n.cidtll'.l2~

": Idem typistry, idem Word-Software, idem template ­

slightly botched, idem paperstock, INDICTMENT over INDICTMENT

Page 3 of 17

-

_

.,

..L .... ;;

JJ:-14 ­

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212 805 7912 - PAG. 004/017

a Uni. ted States "AppL ication" can be Located nor records of what Pitman
posits in this cLip beLow (from DOC#-l)J cLearLy CROSSING A RED LINE:

Meanwhile

for

purposes of this MOTION>

Movant

must

count

(with

prudence) upon Hon.PitmanJs signed and super-duper-rubberstamped statement:
1)

"was

returned"

and

2)

"appL i.eation

of

the

Government"

was

made

06/14/2001, Movant and Public must bank upon integrity and fear of disrepute
that a Magistrate "wouLdn't fib in favor of a powerfuL pLai.ntiff" in
violation of his/her sworn duties, unless for a substantial ROI 4 :
THE COURT MUST ORDER A SEARCH & RESCUE J NOW

Thus this Court shall NOW ORDER AD HOC an intramural Search & Rescue
mission for VERIFICATION if DUE PROCESS checks out, or, i f all fails and
aborts what JUDICIAL REMEDIES would be due, proper and agreeable to the
injured parties, including the citizenry at large.
Seriatim: DOC#314 MOTION to SHOW an ((allegedly"

SEALED INDICTMENT

challenged conformity and true record of a factual. not fictitious, judicial
sealing on whatever non-doctored date, if at all (whether upon application
or by unlawful osmosis), and further challenged: USANYS POSESSORSHIP OF A
VALID AND TRUE BILL ON 6/14/01, AND WHETHER SUCH INDICTMENT WAS FILED IN
OPEN COURT (wink-wink-it was not. Movant is told).. AND SHOW A0190 with
Foreman Rehm's own jurat, AND SHOW A DATED, JUDICIAL TO BE SEALED NOW ORDER
BY AN IDENTIFIABLE MEMBER OF THE JUDICIARY who was present in Court.

4

ROI; Return Of Investment [on presumption that judicial reputation has a value]

Page 40f 17

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212 805 7912 - PAG. 005/017

Pursuant to Court/Clerk records and information, Movant recognized,
that a duty MagistrateS on 2001
engaged here.

U.S.

FLag Day

was probably not judicially

simply because Magistrates lack jurisdiction to accept and

bless one, two or three "Proposals for Arrest", unless upon certain valid
applications in exclusion of "mirth over a potential Indictment".
Still, legally worthless, doctored uARREST WARRANT" paperwork was left
judicially unprocessed, which caused the USANYS since to dematerialize all
traces from SONY records.
JUDGE KOELTL's Bench Appearance Hearing on 6/19/91 rolled by ~
"Arrest Warrants", in disrespect of a OJ's Operations MANUAL6 stating that:
a Judge must «ascertain, whether (d) a warrant had been issued" (DOC#2,
points to lack of DUE PROCESS: ((unreturned", vanished warrants: «Officer's
Return of Arrest Warrant", NO FORM A0442: Receipt and Execution of a Warrant
must be certified by an authorized Officer), but more:

5Hon. M. Dolinger did actively FILE legitimate Indictments, non sealed, and
issued, genuinely authorized, signed A/Warrants on "U.S.-Flag-day" 6/14/2ee1
including i.e.e1-mj-1113 Beckman/mj-113e Pazmino/mj-1125 Allen/mj-1119
Bracey/mj-1118 Wilbur/mj-1117 Medina. Blumenberg, lee and Viertel were not
among the unlucky but lawfully etta be apprehended".
6

Bench Book for District Judges (amend-2eee):

L05 ·.·.toJilliDllllJMntlo·........dIstdd.

: ...o,aJpree.......)

.
~R. Ci:lm: 1-:40

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~

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. (b) WbendilelldlUlt ·wu .arrilSt8d t!iid. 'idiBthBf tilii '~

(ei~:.S~~t~ri~tumQa . . ~·k.

·.~ . ~awarr.mtbas·~enmcet1
Page 5 of 17

.1\/1

ul.lI4; If:54: 02 ­

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212 805 7912 - PAG. 006/017

GOOD CAUSE DOS
Movant' s (town", the third cloned trRUBBER Warrant" was seriously

tampered by coLori.ng-arti.st "AUSA issuer" Mark Harris7, affixing an - extra
judicial novelty - t(Signature-ID-StampJJ of a foreseeabLy unseeabLe Clerk in
lieu of the physical presence in flesh by a living clerk as DUE PROCESS
demands (or maybe not?). Fact is HARRIS was not entitled on 6/14{2001 to a
real Arrest Warrant for lack of a valid true bill.
Simple as that.
President Obama pronounced last week at the DO] that aliens are

entitled to equal respect, ex post facto and belated Movant suspects.

- .......

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7SElF-DECLARATION by (Mark Harris is a former clerk to U.S. Supreme Court Justices

John Paul Stevens and Lewis PoweLL, Jr., and Judge Joel Flaum of the U.S. Court of
AppeaLs for the Seventh Circuit. Mark subsequentLy served as an Assistant U.S.
Attorney for the Southern District of New York, during which he prosecuted Q broad
spectrum of federal crimes) incLuding health care fraud, financiaL fraud) and
corporate embezzlement, and tried a number of jury triaLs and argued before the
Second Circuit."(bold/underline added) Added: Talmudic law scholar.

Page 6 of 17

JU/Ul/14, 11:54:26 ­

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212 805 7912 - PAG. 007/017

When 5 years are just not lengthy enough
On 86/14/81, AUSA Harris was caught

~

TRUE

BILL~

evidently, a

"Magistrate's or delegated Clerk's Warrant" would be elusive while the
18 USC §3282(a) TIMEX tick-tick-ticked on "his cruciaL §371 prison

enhancement pLoy".

§371~

as the Court will

recall~

was the eleventh­

hour COUNT ONE (Viertel - Long proven untenabLe - overt
Grave

situations~

acts~

§371).

common in collapsing schemes, call for gravest

improprieties, law-coloring and sophisticated cover-up-means
inculpating the families of more than three - presumptively innocent
false arrest-victims. This was not legitimate trustworthy Federal
Court BUsiness. In California fabricators are not admitted to the bar.
It certainly was USA White's non-kosher Monkey-type-Business, g

near-miss, but not near DUE PROCESS. This government ploy was only now
fully discovered - reward-free - thanks to federal whistleblowers at
two Courthouses believing in good cause and in INTEREST OF JUSTICE in
promotion of DUE PROCESS. sanctions for wrongdoers 8 and claw backs to
reputation and triple Benjamin's undeservedly purloined.

FUGITIVES ON THE LOOSE?
One day later 86/15/2331, Movant hereby continues to certify
under 28USC§1746, AUSA Mark Harris confederated with FBI-SQUAD C-12,
BQMRA to broadcast a PRIORITY FBI-Cable to (1) Garret Mountain RAg New
Jersey, (2) Bridgeport RA Connecticut, and (3) Palm Beach RA Florida
Efforts to fix the perpetual misery machine that is our criminal justice
system have won support not only from progressives and academics but from
conservatives, from enlightened law enforcement groups, from business and
even from advocates for crime victims. (Bill Keller NYT 81/26/2014 OP)

8

9

RA = FBI Resident Agency branch

Page 7 of 17

JU/Ul/14,

11:54:46 ­

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212 805 7912 - PAG. 008/017

O~5uLLivanJJ

in follow up of "Reference teLephone caLLs from 55A

et al

to (Synopsis) "Locate and apprehend CHRISTIAN T.VIERTEL - FUGITIVE
(B)" under ((3): FBI-SQUAD C-12's interstate faxes 19 deliberately" under
false pretense" mischaracterized "Enclosures" in that «a) Copy" had
the above fake signature stamp, and fib) Copy" was an seal-free..
signature- Foreperson-free.. NO-Open-Court DRAFT at

http://bit.ly/ld4blBV

[Appendix B] or, by lucky chance or oversight" if plaintiff USA"s
agents did not yet cLeans Court files, all 11+ DRAFT pages should lay
1n @DOC#-Z SOFL certified under Rule 4a and not really advisable for
tamperingl l •
Ostensibly, not a singLe of three fake (tAr rest/Warrant" were
returned, nor lawfully executed to this date, notwithstanding 3

chained non-violent arrestees from "three other federaL districts",
understandably so, Movant was advised by Clerks, because any execution
ttreturn" of a fake arrest warrant would have etched USA's document

fraud in stone unmasking their tools employed for premature, false,
preemptive, unconstitutional arrests. Harris, under White/Canellos's
control.. "swindled 12JJ to 5 extra days of undeserved authority to
prosecute, inter alia, Viertel's time-barred COUNT ONE, §371.

Falsus in uno, falsus in omnibus
10

Snapshot from FBI ORIGINAL
.~

3) snclosed for Miami are the following: /'
a) Copy of an arrest warrant for CHRISTIAN.:r. VIERTEL
issued by the Southern District of New Yqrk .
b) Copy ot r.h", indictment charging VIER-P13I...

1»'"

,/

~/ ~ PMO~FAX~HYSOADC-12BqMAA

J.d~

/'

~!

_

tol'loim '""",,RA- FM06IUI"lOOl

/1{... 0

If tampering did happen, MOVANT received a fresh SET of the TRANSMISSION,
Courtesy WPB*SOFL; upon request to [e-mail] , with pleasure @

11

12

Making a materially false statement in violation of 18 U.S.C. § leal

Page 80f17

JV/Ul/14,

11:55:07 -

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212 805 7912 - PAS. 009/017

GOOD CAUSE TRES
This distinguished, impartial COURT shall proper NOTICE the
evidence

and try its luck in «judiciaL preponderance", ultimately, as

in «reLevant conduct" assessments, and gauge how small a probability
remained that AUSA Harris possessed a VALID, Foreman-approved, A0190­
certified, to be SEALED or not, OPEN-COURT-FILED VALID Indictment on
06/14/2001. Truly set below ZILCH, NADA as in LOVE.
Equally ZILCH are chances that successfuL Grand-Jury sandwich­
Meister Harris [Supreme Court "groomed", with a well stocked quiver of
legal ethics] would disaLLow his FBI-goons from high-fiving a trophy
BILL, if he had caught one.
Harris could not catch the TRUE BILL on time, and Movant

certifies herewith, that Harris instructed Palm Beach AUSA Lothrop

Morris and AUSA William Zloch ("ben" of a real SOH Chief Judge) to

distract Honorable Ann Vitunac by hyperbole multimillion hearsay from

the missing BILL «issue" and from checking 06/14/2001 records onward

on uscourt.gov·s intranet during Viertel's initial chained Appearance
6/19/2001 in Palm Beach at 9:30am.
A day earlier, 06/18/01, SOFL FBI CRA faxed at 02:55 Harris's
unsigned, un-indexed DRAFT-BILL onwards to USAO WPB, at least 4 days
after (COOC#-.!-FILE-day's [01] back-entry by Clerk Um). On 06/19/01

USAO WPB FL at

BS:57am refaxed (No.485), the same, now "5-days-aged"

DRAFT -BILL seemingly still the «best they could come up with" to
Rogers' Courthouse Magistrate intake laser.
Amazingly, on 06/19/2001, 5 days after "D1-SEAL" FILE-day, the
United States of America ignominiousLy dumps on «Domina )usticia", non

Page 9 of 17

30/01/14, 11:55:26 ­

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212 805 7912 - PAG. 010/017

sequiturJ and appears by breakfast time 13 in Vitunac's Court without a
REAL INDICTMENT.
According to MARY

WHITEJ s A0257 COURT FILING by AUSA Harris

)0

and the SSA "6/15/2f1f11 FBI fax author

O~SuLLivan",

the USANYS did

certify that Viertel was a) not a FUGITIVE, and b) the USANYS was
without a DOCKET NUMBER. See clipart below:
AO 257 redacted scan (undocketed, discovery by Motion)

--

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CaIl{.,;

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NOT A FUGITIVE l!

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"two 9/11 Hijackers heLd a power breakfast f16/19/2ef11 nearby on AtLantic
Avenue~ whiLe SSA Joseph G.Sconzo - 561-296-79f1e~ was busy executing a
warrant-Less «FUGITIVE» capture of. Movant VIERTEL in Boca Raton~ FL.~ after
having deceived Boca PoLice on 86/18 over his possession of a ((FederaL
Warrant N to induce Boca PoL ice to provide ((ADA» (assist other agency)to him.
Page 10 of 17

30/01/14, 11:55:47 ­

->

212 805 7912 - PAG. 011/017

GOOD CAUSE CUATRO

Movant certifies that - inter alia - all false arrest warrants copies
and the multi-faxed but unsigned DRAFT-BILL, at least 15 pages of FBI
RECORDS, were evidently understood to be subject to disappearance - as in
evidence destruction and record tampering - without trace from the «official
custodian of FBI/DO] records». These 15 pages, in fact, were omitted from
requisite content of a 459+ pages FOIA-Appeal ORDER mailed to Affiant, who
hereby states that the DOJ-RECORD was certified as "complete", some portions
were redacted. The «Arrest/Warrant» pertaining to VIERTEL's false arrest on
6/19/2991 was missing.

FURTHER ARGUMENT IN SUPPORT OF MOTION TO ORDER IMMEDIATE RELEASE

OF REMAINING MAY/JUNE 2901 GRAND JURY RECORDS WHICH WERE SUBJECT

TO GAG-ORDER SECRETED ON MORE THAN LESS IGNOBLE GROUNDS

This fact alone is perfect cause to NOW ORDER THE GRAND JURY RECORDS

IMMEDIATELY RELEASED which are UNDER ENHANCED GREAT DANGER OF VANISHMENT, as
the tampering incidents above demonstrate. This Court is hereby put on
NOTICE that PLAINTIFF MISCONDUCT IS MORE LIKELY THAN NOT.
At the same time of such ORDER, the COURT must enlarge demand for
delivery of the Agate Realty INVOICE, which is held by the FBI Laboratory in
D.C. under Case ID No . 196D-NY-Z79333 - 45 as SPECIMEN "Q6" (Note by

Confidential Informant :

((A

digital record of Q1 through Q6 specimens is

retained» as of 9S/19/299Z). This document, stems from BMI's own laser
printer, is a clean but fake voucher BMI has every right to make, and the
RIGHT not to mail as part of its June Report 1996 but embargo in New York14,
that was later falsely, if not insanely attributed to Movant as "authored",
Contrary to false charge of §1341 non-domestic mailing in furtherance of
«Burda} s Foreign Commerce conduct'" not proscribed by Congress in §1341

14

Page 11 of 17

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->

212 805 7912 - PAG. 012/017

digitally in virgin FORMAT without subsequent tampering by USANYS'
prosecution team during jury deliberations in 2992 when it became ((GXS91­
wink-wink" altered by government pen and ink.
Movant certifies that this "charged" voucher was introduced as
evidence, but not as (tinterstate matter" during the June 2991 Grand Jury
proceedings (supra) when it was still «unmolested, without 19 cents extra".
USANYS was apparently a deficient custodian at all times.
"Society wins"

~

the Supreme Court in Brady held (at 87) "not onLy when the

guiLty are convicted but when criminaL triaLs are

fair~

our system of the

administration of justice suffers when any accused is treated unfairLy."

Qui cum canibus concumbunt cum puLicibus surgent
Furthermore~

it is highly implausible J Movant submits, that DO) can

validly controvert or oppose these instant DEMANDS presented intra, nor can
DO] proffer a lawful non-LibeLous. non-maLicious basis for branding Movant
VIERTEL as ((FUGITIVE" in its own 6/15/2991 FBI

facsimile~

but it was a

planned DOJ ruse rogue "enforcers" employ to forestall defective authority ~
which lack of a real arrest warrant represents. Dirty Tool Boxes must be
closed and disclosed to the public to view what is improper administration
of justice and what not. Movant submits that this case supports the OPTION
for Grand Jurors to use twitter@

accounts~

those dark alleys of Justice will

remain hidden and prison business costlier than ever.

YET MORE GOOD CAUSE TO SHOW CAUSE
[H.G. Wells' Miracle on Pearl Street?]
a judicial ORDER that could be authorizing a sworn SONY CLERK to
certify three ((Arrest Warrants" on 6/15/2991. The DOJ's nomenclature chose ­
in expectation of undetectable abuse - DOCUMENT FRAUD

Page 12 of 17

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11:56:30 -

->

212 805 7912 - PAG. 013/017

in RUBBERS TAMPING a fake-signature-ID «1"1~

~.~cpt'}J> onto an official Court Form, which~ inter alia, violated DUE
PROCESS, Civic and Human Rights) and probably as racial-bias 1S • Taken in the
popular KLIEG lights «most favorabLe to the government", the evidence16
included the following.
GOOD CAUSE CINQUE

Only conj ecture" can support a claim that a «True Bill" was «FILEDJJ
and maybe on a slimmest chance also "SEALED upon appLication" earlier than
6/19/2881. Movant certifies that federal whistleblower provided a
"handwritten statement from a DOJ-U5ANY5 operative, who stated indubitably
on the bottom section of the USA's own Form No. USA-33s-274 (Ed.9-25-58),
captioned: US vs. BLUMENBERG, LEE, VIERTEL INDICTMENT 81 Cr._[blank]__ MARY
JO WHITE (blank), Foreperson (blank) these pivotal words:
<'(

6/1. q/01.

Filed lru/.ictMerlt. Case assi9rw1 to

For all purpo~s [si.c1. Sigfltlture

Judg~ K.o~/tl

/S/".

(Signature redacted, spelling error in Original)
Since all "purposses>J include seeking VACATUR for COUNT ONE (VIERTEL, BOTH
OVERT

ACTS

charged

to

have

occurred

before

6/19/1996)

for

lack

of

JURSIDICTION pursuant to 18 USC §3282. Movant submits, that the overt act,
beside their absurdity, were simply time barred under the section: «unLess

15Fake labels Rudy Kurniawan was caught to glue onto cheap wines, White,

Canellos, Weddle, Harris, Cohen etc. glue onto unwanted truth each day

~Fictio

juris non est ubi veritas : link

Page 13 of 17

http://bit.ly/1cMDDme

30/01/14, 11:56:50 -

->

212 805 7912 - PAG. 014/017

the i.ndictment is found... within five years next after such offense shaLL
have been committed."

A 6/14/2e01 ((INDICTMENT" would bring both absurd acts

within, 6/19/2991 renders both absurd acts without, and moot.
It has IRONIC dimension that both these time-barred and absurd overt
acts were created with the DOJ's malicious prosecution tool, that, more
likely than not, this COURT and his law clerks knew to have been used.
Furthermore, several clerks independently confirmed that the practice of
"back-dating», switching out already filed documents, generally fudging with
the official record is rampant in Federal Courthouses, and certainly more so
in the SONY for three reasons: 1) because "caliber" law firms are in the
ttgimme" business, 2) USANYS had weighty demands and uncontrollable
help~(Yes,

Mr Bharara from 2001 on they did!) and 3) Clerk James Parkison

failed to protect Clerks from this esquireLy onslaught, but he did help
muddy iffy tracks.
SUMMARY OF COLLATERAL DEMANDS FOR ORDERS TO:
1) SHOW "JUDICIAL SEALING" ORDER OF 6/14/91 17 the "Real McCoy"" not any

"fake 0' Sullivan~J or

"P1tman~fixJ»

2) SHOW COURT FORM AO 199, DATED

& SIGNED

BY FOREMANj

3) SHOW WHY to-MARK "JUDGE KOELTL" INFIXED ON OOC#1 FIVE DAVS AFTER
18

"FILING" SHOULD NOT BE SANCTIONE0

;

Just in Case this Court requires assistance identifying a real SEAL ORDER,
here is one recent Han Peck) model in us vs Prado (13
2291):

17

",m".,w." __.-"•• ," ••.••••_............... _". _ _ ".m "~" ... ~,,.

Page 14of17

om .. ,m".

",w...

_... _ ,._. ' __.'_' , ... _ .......... "" ..

->

212 805 7912 - PAG. 015/017

4) SHOW PROPRIETY OF PRECEEDING INDEX NYSD-CR-CASE-576' 5 96+ HOURS

DOCKET SALTO FORWARD TO 6/1819 OR CONFESS TO TRICKERY;
.~~'

5) SHOW "CLERK LOPEZ" WAS A LIVING CLERK

FOLLOWED JUDICIAL ORDER

ON 6/15 BY RUBBERSTAMPING WARRANTS
Willful blindness by any Court adds to severe gravamen that must be
remedied. In this instant case favorably to defendants and unfavorably to
the

government

misconduct

by

complainants,

and

Courts.

Courts

who

Such
seeks

often former

claims
to

arise

shield

colleagues,

from

often

their

most

getting

from

continuing

frequent

caught

bulk­

gaming the

«system", which, according to reasonable jurists, is not uncommon or an
unfettered

occurrence

aggravating

heavy

rigged

odds

against

American

citizenry, heavier stacked against terrestrial aliens, and pro se parties
and are nothing less than bad faith attempts to cynically subvert the
system, failing their public, once again.
In Agurs, 427 U.S. at 119, the Supreme Court pointed to ERROR "because
of the character of the evidence, not the character of the prosecutor".

It is useless to deny gravity while falling, Movant suggests that this Court
gauges whether "harm" inflicted upon American Society by plaintiff's conduct
trumps

that

by

defendant's

alleged disrespect for

domestic

interstate

carrier mailing on 96/28/1996 to Germany, far away from the protected
homeland as proscribed by §134120 •

[Who was Ibsen's real "Enemy of the

state"?]

18Great news for proctor Harris' cheer: ('let's be on the same page"!
The Court was noticed by "GOTCHA" fax http://bit.ly/lf3zQS4 that rectitude
of a "86/14/2081" TRUE BILL filing was dismal, as in FRAUD UPON THE COURT.

19

All counts evaporated post-trial on absurdity and on facts, due, in part, to the
government's entire maldependence upon "CRIMINAL DOMESTIC MAIL FRAUD" theory in a
"Foreign Commerce ScenariO", unsupported by their USManual, statutory and case law.

2&

Page 15 of 17

->

__ -•• ~:a.';..J1:.}1-

And,

212 805 7912 - PAG. 016/017

this Court shall probe whether the District Court abusively

certified deceptive entries for the Second Circuit, seriatim, for multiple
Appeals conducted on a corrupted set of entries.
IGNORANTIA IURIS NOCET
tlJ/jerefore, this MOTION should be granted in its entirety, TIME IS OF

THE ESSENCE since risk of additional records tampering by plaintiff's agents
remains substantial: [d]ishonest conduct or unwarranted conceaLment shouLd
attract no judiciaL approbation." (Banks v. Dretke. 548 U.S. 668, 124 S.ct.
1256, 157 L.Ed.2d 1166 (2884) (citations omitted).
Respectfully submitted this 38th day of January, 2814

m7 y,!v4t

I

Christian T Viertel, Movant pro se
9/18 v. delle Ballodole Firenze, ITALIA 50139
N/A Tel [phone] , [e-mail]
ps: United States Attorney Lynch found proper words on Tuesday:"Abusing his

position as an attorney [by Laundering money], [ScagLione] nDt onLy viDLated the
code of ethics by which he was bound - he aLso broke the Law. Those attorneys who
seek to misuse the trust that is instiLLed in them by the pubLic to perpetrate
crime are on notice that they wiLL be heLd accountabLe for their crimes".
NYEO: 1 NYSD: 0

1 Page APPENDICES A & B
Certification of Service
by EMAIL: upon USANYS Mr.Preetinder Bharara on this day.
Hard copy by USPS to NYSD pro se clerk for transmission to criminal division and to
Chief Judge NYSD, Han. Loretta A. Preska
Courtesy Hard Copy for Information:
Han. Associate Justice SCOTUS, Ruth Bader Ginsburg, doyenne Second Circuit
Hon. John D. Bates, Director AOUSC, in lieu of a badly needed 01G

Page 16 of 17

-------

->

Appendix A:

212 805 7912 - PAG. 017/017

Photo taken from USA-33 Form.

Appendix B: tlEnclosure" FBI FAX e6/15/e1. Reception e6/19/el FlSD_WPB

~~,~~~~~:~ .. ~ .... ~

.• w.lEPn~m ~rNol!iu~ .
" ,' .. - :;".<-.:

Page 17 of 17

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