Prof Christian Viertel

M Aldo Funaro, of Counsel

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

U.S.-DOJ OPR
Dr jur Robin C. Ashton, Counsel,
950 Pennsylvania Ave, NW, Suite 3529
Washington, DC 20530-0001

May 30, 2016

PcV/kio
OPR.Complaints@usdoj.gov

Complaint: over unconstitutional, fraudulent official acts,

misconduct, deception, enterprise corruption, obstruction
of justice by ongoing conspiracy, malicious cover-up and
aggravated misconduct offenses under NY Jud. Law 487.
Malpractice, embellishment before Grand Jurors and congames 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 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-judges acceptance and order in
open
Court, c) any Court records of USANYS LEAVE TO SEAL,
judicial grant thereof, and d) validly presented Arrestwarrants 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: Circuit Judge Alex Kozinski coined the phrase
lying prosecutors1 whose convictions must be overturned,
he described elsewhere as an epidemic 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,
1

http://lat.ms/1OGRpyg

unverifiable, none of it ever sealed and unsealed 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 Yorks 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 York2. 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 drives their
decision process". Because we dont have data on how
prosecutors work, we dont 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, Blumenbergs defender,
quipped in July 2001 when asked about NYSDs justice
process: They lie, we lie, and the better liars win. Phil
Weinstein rolled himself under a bus, and Blumenberg lost.
2

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.

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. Officials 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.
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 highfiving black robed lifetime scofflaws from shamelessly
holding their stirrups.
From the get-go, 571 was a Potemkin Case.
Governments Explanations: - .
Purging Bar associates might be tougher than running
pedophiles from pulpits, but only rigorous self-cleansing3

Prosecutor unaccountability http://wapo.st/1YqlB1d

may resurrect one day the soured dream of American

Exceptionalism relating to criminal justice.
Here, the AE dream was truly trampled on by the DOJs
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. Scalia4:
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:
there is no more room under OPR's carpets.
Sadly, jurists and scholars are at a loss why DOJ
Misconduct complaints mostly share equal funeral services
as Judicial Misconduct complaints, as both are swiftly
cremated by goodfellas & bar peers, or lost, deliberately
botched, dawdled5, 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 DOJs
4

Dissent from USSC P.Parenthood v. Casey

http://nyti.ms/2582wF9

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, 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 Mollos building] low hanging fruit like alien
Blumenberg was picked as easy prey, presumptively with
high probability, coin-motivated by a reward, a bonus from
Big Law6 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 DOJs 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, NYbased foreign owned company was a Profit Center and
beneficiary, not ever a pecuniary victim of Blumenbergs

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 J.White .
6

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 whitecollar crime-business which to a lay-person could sound half-plausible but actually
mortgaged the NYSDs last honor. The FBIs part
was entirely revisionist, in hindsight, faking
Fictitious operations losses7 at Burda Media.
7

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 Groups Profit Centers, contrary to what USANYC
nefariously alleged and the FBI misbranded local victim [intra and audit]. FBI squadster
OSullivan, 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 BMs profit-centerbusiness operation beginning in 1992. The audit is clear about the corporate history. Barrister at
Park Avenue Firm Clifford Chance withheld and concealed their clients 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. FBIs imperfect victim
probes were unresolved by accountant OSullivan and utterly inconclusive. BMs 97 audit was
dumped upon the USANYS by a truckload of BM files, and unidentifiable as a important postBlumenberg 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 audits 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-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 prosecutors 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 FBIs docile lap-dog culture blooming
in a mismanagement biotope in the Southern District. In fact, since June 9th 1997 BMs new CEO,
Claus Preute [see FBI 302 of 2002] was in official possession of BMs group audit [he personam
commissioned and paid with BMs own funds] an audit which indubitably certified corporate
earnings, see http://bit.ly/1SeUh47 14 Earnings 95/96 $6888204.32 /$8382942.07 but
was without a qualifier that could hint to excite USAs 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 Ashcrofts expert, integrity teams [ Randolf].

Prosecutors Weddle, Harris, Canellos were

undisturbed and undeterred by the fake victim
role contrary to BMs sprawling financials
(FY95/96; http://bit.ly/1SeUh47). These audits were
certified 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 BMs subject audit,
originally produced for Claus Preute, CEO since
1997 and [302] witness in FBIs 2001/2 last
minute investigation. The investigation was
utterly biased and bogus. The audit posed the
largest risk of nullification for Weddles,
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 turpitude8.
The team deliberately concealed their
victims relevant financial records of material
earnings collected for [$15+] millions media sales
income millions that Team-USA fraudulently
8

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

stripped not to gut its pauper theory. M. Cohen

tutored non-executives in bottom position without
corporate know-how or insight9, despite audit
certified results from Chief audit staff
dispatched in July 199610 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 FBIs
accountant OSullivan concocted. Thereafter these
fabrications were force-fed to Jurors who, inter
alia, were corruptly mal-instructed on 1341s
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 convictions for truly crimefree conduct they had no business throwing millions
of tax-payers funds at.
9

Ellen Kiefers 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 Viertels trial not to gut her fairytale.
Burdas 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 $8120.00 original [2001 charged & 2002 tampered with], and
d) hand-carried these on Lufthansa 7/19/1996 to Germany and e) delivered them to BMs own
accounting vendor, but not to Burda Holding. QED: uncontroverted pre-nullifications of mail
fraud jurisdiction.
10

10

Blumenberg resigned July 1996 and BM was

henceforth much less profitable on higher operating
and pseudo-legal costs, pilfered by Rogers & Wells
LLPs insanely huge [paralegal] bills [see Brady
audit 19 Legal Costs $411424.40 a 720% boost vs.
1995]. The magic firm was first thriving on
European naivet vs. AmLaw greed, and since early
2001, from an unauthorized, Burda unapproved
referral that nurtured DOJ/FBIs zeal to FIRST
provoke attorney work at a magic circle firm, and
SECOND to bogus vindicate United States
sufferance caused by Blumenbergs 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 FBIs banner INTEGRITY11 [sic] despite hugely
ignoble scheming to mutilate a foreign owned N.Y.
taxpayer, an $8+ million dollars Media-ContentExporter into a money-losing-freak, and into a
whacko interstate mailer, and into a gifts-wirebeneficiary. BM never was any of that.
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

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.
11

11

clients who paid their pipers pipeline of news, but

was not a pauper12.
B.) To Wit: CPA OSullivan FBIs 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
Southerns 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: FBIs bogus
BURDA MEDIA INC - VICTIM reference. [Snapshot 4]
Q.E.D: Complainant suspects a trend that Americans
dont want business as usual any longer, and dont want
their fellow citizens disrespected as Jurors, mocked, left
out-of-the-loop and ripped off by a bumper crop of foul13,
12

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 KiddiePorn morass and entrapment schemes.
13

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

12

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 are considered, at worst, Lifetime
Marionettes by fellow bar-card-holders more oftimes than
comfortable, despite apparent constitutional imbalance14,
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.
14

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

decisions to the Executive Branch. The Executives 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.

13

that, in turn, is kept off curricul 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 malfocused 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-wellrecognizable-bogus claim for secrecy that shields a
[deceased] Grand Jury Foremans acts [or omissions] for the
ill purpose of concealing USA misconduct, protectionists
secrecy concerns fail without a showing of particularized
need or harm to justice process resulting from cessation of
the 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

The courts instead take the prosecutions charging decisions largely as a given, and assume a more
active role in administering adjudication of a defendants guilt and determining the appropriate
sentence.

14

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 pseudopresided 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 DOJs irresponsible leadership
role establishes by its control, organization, and
responsibility for group 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.
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, was interstate

15

commercial or was criminal, a vacuity which, by black law,

binds the United States15.
In fact, Blumenbergs activities shielded his host
countrys Postal inspectors and Americas interstate
carrier crop from harm, disencumbered in immaculate health
under 1341 domestic postal fraud16.
By not contracting interstate carriers [but Lufthansa]
for export of BMs export-paperwork to final destination:
Germany17, Blumenberg singlehandedly saved Americas postal
15

16

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 midJune by Burda Medias German majority shareholder, Burda GmbH.
U.S. Commerce Dept. Export regulations disallow DIVERSIONS per air-way-bill export
shipment declarations
17

16

trucker structures from federal agony18. And since

Blumenberg was not in the fraudulent ship-interstate
business, his object of desire to break 1341 was below
nil, preempting all 371 suspicions and accusations.
On 6/14/2001 subject prosecutors were terminally
short on substantive crimes, let alone short of not-yettime-barred, less than 5 years vintage paradox interstate
shipments to Germany19 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 USANYSs 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 world.
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 sophistication20 for such nonsensical criminal
United 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 571s mail Counts.
18

19

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

20

see Blumenbergs revoked Guilty plea under http://bit.ly/1U2d5pT 2-ff

17

offenses. Here, a deeply partial Judge without jurisdiction

[and imperial cloths] chaperoned Blumenbergs worthless21
plea while cookin the law books.
Source Statement: While this investigation was conducted
in-house, assistance, support, data and intelligence was
gratefully received from [former CCI22] 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 DOJs 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 fool23[sic] scoffed
at by NYSDs Sealed Records Clerks [DOC#2, Specimen D,
intra], the entirety of June 2001 Grand Jury Transcripts
and the embarrassing procedural history of the Courts opus
magnum; certain elements were complained of earlier in OPR
submissions24 and are hereby related back to and adopted.
This is about the Nations Mother Court and the
Nations Manhattan Attorney Office, the one with the
highest rate of proven international misconduct in this
Galaxy [sic]! Recently, HRM Queens Privy Council alerted
21

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

22

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

23

Label by Sealed Records Room staffers upon reviewing DOC#2

See, inter alia, Complainants 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

18

Commonwealth Judicatures below to stay alert 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 Majestys Privy Council affirmed the order
adding warnings. Judge Andrew Hanens 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 nonwarranted] 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 FLSDs FBI Specialist recognized that
NY messages must routinely be taken with
truckloads of salt, all three FBI Specialist [FN
99] who executed, at 07:00am one false arrest

19

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 371Conspiracy, 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 misconduct25 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
classification, no furtherance and void of
25

United States v. Tarricone, 11 F.3d 24, amended by 21 F.3d 474 (2d Cir. 1993) The government

possessed a handwriting experts opinion that the writing on a particular document was not the
defendants. 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.

20

jurisdiction for extra-domestic, international

transports to Germany). Kiefer testified (albeit
purged from FBIs 302,) that no accounting
shipments went to Germany during the months of
June 1996 due to an intramural embargo, second
Fugitive labeling26 and forcing the FBI to transmit
bogus interstate messages, and third Pitmans
backdate. Complainants 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 shoo-in expired
conduct, are multiple felonies, Grand Jury fraud

26

21

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

secondary

ruse,

the

backward dating enterprise,

Real Due-Process-Deniers dont 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 NYSDs
Clerk office - not in an OPEN COURTROOM at 500
Pearl AUSA John Doe filed 12 pages purported to
be an INDICTMENT. Instantly, USANYCs Weddle,
Harris caused[/forced/corrupted] clerk jm27 to
tamper with NYSDs 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 GJForeperson <Rehm> and USA <White>].
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
27

[jm] =J. Mollinelli

22

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 function28 to candor
and veracity and to act scrupulously fair,
without misconduct, a warning voiced by Judge
Wachtlers 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 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.

There 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.
28

23

But, there is a hitch: Filer John Doe marked29

the pamphlets back cover jacket30 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-andSeal-that-Motion practice. But, there is an
obvious and simple explanation:
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 Moynihans
Building that could have possibly staged a
29

Form No. USA-33s-274 is a NYSD routine back cover page (see 21 of Bhararas impeccable ,
sample INDICTMENT RETURN https://www.justice.gov/usao-sdny/file/834156/download
30

24

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 they can
rather be high-fived by an apparently captive Court who panicked over its own obsolescence
caused by AO 190s incriminating faculty
evaporating the Courts 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 Jurisdictionalworthiness and was found deficient to pass the
Litmus test for a lawful process in a Court of Law.
FAILURE to establish jurisdiction.

25

This extend of early and immediate judicial

obstruction on 6/19/01, CCIs aver, point at worse
improprieties around NYSDs criminal wheel, and
explain a learned scienters 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
USANYSs malicious conspiracy project in the Mother
Court.
Dead silence from camera speaks loudly31. Any Art
III judge [on its limited jurisdiction] is under black
law duty to thoroughly verify, suo motu, the USAs
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,

The judicial system doesnt seem to have a problem with the FBI acting as admins for child porn
sites while conducting investigations. After all, judges have seen worse. Theyve OKed the FBIs
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]
31

26

tampering and counterfeiting32 by USANYSs White &

Company, that judge has no discretion left to
acquiesce, to wink or nod to DOJs U.S. Marshals,
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.
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 USANYSs conduct and
prove even graver fraud and how much a shebang of
robed bar fellas would lie, derail, cheat and stonewall 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 Forepersons
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
32 Harris

had also counterfeit dummy arrest warrants for Blumenbergs and Lees, again with a
fake clerk stamp, both specimen highly incriminating to USA/FBI, that during a bogus NYSD
arraignment, JGK caused both A/Ws to forever vanish. The gents met in the Courts 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.

27

pamphlet filed on 6/19 that was swiftly backdated to

6/14/2001 Specimen A below:

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

28

superiors [Whites
Canellos propinquity to Big Law

is established by more than preponderance].
Prosecutors selected the most felonious of
alternatives and corrupted NYSDs clerk Molinelli, they
cornered Mag. Pitman and they disgraced Courtroom 12B
to rig a shoo-in33 for expired overt acts that could
favor the DOJs BOP apparatus. (Without a 371
booster, 0-6 months probation was Blumenberg, Lee and
Viertels 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.]
Explanation: On 6/14/2001, subject U.S. attorneys
possessed nothing more but a dry draft pamphlet, the
33

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 pseudopreponderance a lifetime Clinton Inductee guaranteed upfront. A Prejudicial ICE bonanza.

29

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 FBIhear-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, OSullivan [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 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

30

became clearer from this [fractional34] transcript

is, in hindsight, that Harris willfully rigged a
vexing timeline [Harris-FBICOS duo knew that i.)
GX 301 <$8120.00 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 BMs 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 implants35
were wondrously metastasized into a now tripled
Case on two extra conspirators, unknown to each
other, and, regrettably, 100% contradictory to
Burdas bookskeeper Kiefers accounts [aka:
Bookiefer was proffered 6/4/2001], whose simple
narrative of a true event timeline were not
incriminating enough36 for federal bad apples, the
foul zealots.
34

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

<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>
35

Kiefer recounted that she first paid out on 6/18/96 $8120.10 (Snapshot 5 GX 303) upon the
CEOs written instructions (6/17/96), and that she had not received (a 10 ents shorter) Agate
Invoice for $8120.00 (Snapshot 6 GX 301) before 6/24/1996 the internal Burda Laser printout 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 Viertels knowledge or consent as functionary book-keeper
36

31

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 tripling37 of culprits.

and Cashier, allocating each outflow and the $8120.10 outflow - fatal to NYSDs post-mortem
retro-fit, counterfeit crime theory - was allotted to BMs own [intramural, intrastate] office
operation expense, and was not debited to a foreign client and certainly not to Burda Holding
GmbH & Co. KG.
37

Last minute Case change main Subjects message by FBI:

32

Observers say that this was a DOJ routine ruse,

part of DOJs 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.
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 Americas disreputation as Worlds 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

33

$8120.1038 (yes, 10 ents more) just like that,

without a REMITTANCE reason stated.
Kiefers 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 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 CEOs
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

38

34

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 schools trayfhamsandwich-course: Jurors are just clay
Prosecution, as a modeling course.
FBIs C-12 squad loyally stood by, mens rea
ready as a cocked gun, unwilling to stop or tame
Team-USAs aggravated misconduct, and they never
called the hotline. The FBIs brave middle finger
salute [sarc] to society furthered Grand Jurors
deceptions, they eagerly followed USANYSs lead, as
purveyors of iniquity. But Comey, deeply involved
here as USA, still, 2015, looks elsewhere for bad
folks <see Comey @ Brookings laughable goindark
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 4 years after it issued, because the putative
fantasy victims audit certified at 839 that, by routine,
39

35

all accountancy reports, the substantive export-mailings,

are delivered exclusively to BMs, Offenburg-Germany, backoffice contractor Burda Dienstleistungen GmbH, a SAP
equipped CPA contractually paid by BM - via Burda
Verlagskoordination GmbH (see audit 19).
BM paid huge fees= $776757.99 for 1995/1996 for the
<above> billing services, mark-up assessments, incasso and
coordination. A Pauper, BM was not.
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
BMs 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. TeamUSA picked and choose papers in this unfair game, and this
<damn> accounting contract was a red herring and was deepsixed 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 USAs conscious disregard of powerful
exculpatory bombshells overwhelmingly detailed and
certified, and in USANYS custody which nixed their victim
baloney by a simple, BMs own so called: Brady audit.
G.) To Wit: Not a single page of BMs [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 BMs own
36

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 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 BMs shipment embargo FBICOS knew of because
all June accountancy materials were on BM-officeHOLD at NYs 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 [White40/Comeys puerile take on domestic
mail fraud substance mutating transatlantic,
intra].
Later, neither at Blumenbergs cop nor at
Viertels trial was any mail-out-proof presented,
but in perfect NAPUE violence, both AUSAs and FBI
knew, or should have known, that GX 301, the
$8120.00 bill (or any June matter] never left
pauper victims BMs 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

Mary 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.
40

37

should have given a hint, that something was

deeply rotten, and not in Denmark.

Commentary: Once, step after step with Burda Holdings

strong assistance41 the DOJs revisionism of Blumenbergs
1996 conduct was exposed, facts and testament were brought
to Koeltls [uneager42] judicial attention, because Koeltl
had long ago converted into DOJs 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 abet43 federal violators and condone flagrant

41

Burda Holding GC, Prof. Schweizer, certified to JGK that Blumenberg rebated his directors
compensation and refunded millions before 2001s 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.
Koeltl 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 Cohens 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
Blumenbergs 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 Koeltls obvious
fear of exposure that his restitution ORDER and Judgment were improper.
42

43

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

38

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 [http://bit.ly/1qGv5u5] per Weddle/Comey,
out of a blue sky on 7/2/2002.
In fact, secretly and under a dark cloud, id est that
Lees atty Dick Zabel (now Bhaharas 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 Lees 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 Weddles know-how-what and why
Lees 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.

I.) To Wit: In fact, re 1341, MSC directed FBIs

(mens rea integrity squad) C12BQMRA not to
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."

39

investigate APEX Air Freight Ltds 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 messenger44 simply
unqualified as interstate carrier.
USANYS knew that APEX was at best a gypsy-van
venture running errands [plus NY-Times printcopies 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.
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+ years previous
irrelevant crime-free export shipments of
44

See 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

40

Cashier bulletins and paid vouchers. These paper

shipments consisted of routine reports prepared
for BMs 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, deternothing DOJ-snake-oil-potion that mal-practitioners been
dispensing despite a world-wide ban on such abusive and
imperious law concepts elsewhere, but Americas USDOJ preselects 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 DOJs malpractice squads overdose on
their own innumerous 371 violations committed here45, and
that DOJs bad apples [or where they 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

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.
45

41

Clerks46 which they ink-abuse to deceive, manipulate,

disgrace and invalidate public records and a few pseudo
Arrest Warrant [i.e. Blumenbergs, Lees and Viertels],
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-JencksBrady-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
proctors meet ethically challenged judicial department
staffers to create conflicts with due process and against
the RULES of Fairness in justice proceedings. QED.
This fiasco at the Nations Mother Court is not a new
discovery and is not a surprise to jurists, court reporters
and observers or to we suspect - DOJs 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
46

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)

42

counterfeiting records and arrogantly ushering unreturned 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 FBIfield 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 of an autograph
of Melanie L Lopez [sic] a fictional character
[locked up in the Clerks office at NYSD].
These messages were visibly drafted and
approved by two or more C12BQMRA Does in a
state of moral bankruptcy [names redacted
by DOJ/FOIA staff]. True Due-ProcessDeniers, 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

43

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. v. Ben Zvi 89, 97
CA2 2001] then the indictment is timebarred 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 FBIs claim

44

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)
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 Dolingers prudent rsistance,

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

45

Harris inked up the unborn clerks

rubberstamp [Melanie L Lopez], a rubber-autograph47.
vii.) Harris was not his friend, CCIs say.
Harris pulled his own prank with enough
zeal and carelessness about the laws of the
land, less worried about NYSDs 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 false48 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

47

Rubberstamps (!) which fellow Bar-associate James Parkison, Esq. [Chief Clerk at the Nations
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].
48

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 Clerks prank autograph.

46

x.)

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, 325 F.3d 471, 486 (4th Cir. 2003)],
or, more plausible, unless corruption took
hold at USANYS.
Not even Mary Jo White would authorize
Harris to crook three A/Warrant drafts to
be decorated in lieu of a HONs 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 OPRs 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
BMs 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 transferwires are without economic impact and do not alter

47

asset values. Moreover June 1996 wire did not

fund liquidity for Check-payout $8120.10 on
June 18, 1996. Funds, thus cash-flow for this June
check arrived at BMs Chase account from Germany
around January 18, 1996 an expired, long timebarred date [in 3 equal chunks49 of $349000,-].

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 INDEX register, without Courtroom,
Burda 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
49

48

unreturned50 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 Pacers event database [except in 01-cr571 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-forprofit 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 less commence a civil

During 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.
50

49

RICO suit51 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
clients 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 BMs 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 BMs treasury and
liquidity, a job function contrarian to the
governments absurd hypothesis of BMs absolute
poverty and dependence upon foreign charity.
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
MSCs high-pressure tutoring attempts [sic] to
outright lie, she capitulated by concealing BMs
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 Sweets jurisdiction ab ovo, and must now face a claw-back charge for unearned fees .
51

50

rich treasury and BMs substantial earnings from

BM sales. She knows that she deceived Jury,
defense and Courts, she also concealed BMs midJune-96 shipments embargo [received as telephonic
instructions from Christian Hirsch and Wolfgang
Maginot to stop BMs 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 Lees nolle and
USANYSs Weddle
Cohen rochade, Kiefer regretted
her lack of candor and unclear words during trial
statements, her economic insouciance and her
reluctance to highlight BMs fat earnings and June
96s non-shipment HOLD as witness. Harris and
Cohen mislead her as [crown]witness for their
bogus prosecution.
N.) Back to 06/19/2001: The White-Team was factually
empty handed52, not only on the bogus, mail Count
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 , USAOs luck ran
52

out.

51

[ruined by BMs ship-embargo], but also on the

wire Counts 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 $8120.00 proforma accounting voucher (an
intramural cover-up for a previously completed,
successfully completed53, non-refundable final
disbursement to Agate Realty). A voucher not yet
drafted by BM and not yet printed on BMs 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 BMs check for an amount that was
actually 10ents higher [$8120.10] 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 USANYSs pall-bearers.

ii.)

On 6/17/96, Kiefer was duty-bound as Cashier &

Treasurer to follow her CEOs handwritten

Black 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
$8120.10 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
53

52

iii.)

instruct [Snapshot 7] for an $8120.10

payout54. Viertel was 3500 miles away in France.
In furtherance of official misconduct, Team-USA
willfully dropped: Embargo HOLD from their FBI
302s and from FBICOSs 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 midJune 96 strict embargo command and because of
the effective HOLD they were able to obtain the
(numbered55) Originals of June 1996s CashReport, incl. both, Blumenbergs $8120.10
original pay-out instruct and the later $8120.00 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, USANYSs
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 FBIs squad. The mail accusation
was contrary to Kiefers asseveration to the

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 CEOs instruct, more clear evidence that USANYS
charged proforma for $8120.00 had not existed on 6/18/1996 while she paid $8120.10.
54

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.
55

53

same FBI/USANYS that she was to routinely

prepare BMs June-96 Operating-Cash-Report
[month-end Kassenbericht] for BMs Offenburgbased back-office-subcontractor, but HOLD and
retain all ledgers and documents (including
Blumenbergs $8120.10 pay-instructions and the
subsequent $8120.00 proforma56) until Hirsch
and chief auditor Dr. Maginot arrived on
Lufthansa to prepare57 an on-site NY audit
review. The review occurred as planned at BM.
The results were part of BMs audit report,
later sarcastically referred as Burdas Brady
audit. USANYS wire-fraud charge was equally
bogus, deceptive, illogical and economically
delusional, because USANYS knew, or should have
been informed of FBIs 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
Betriebssttte], 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

On 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]
56

57

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 Germanys General Counsel, Prof. Dr. Robert
Schweizers fax machine on 07/03/96 for a 07/06/96 Burda Management meeting in Munich
during which Blumenberg resigned his commissions, assigned his shareholding and Pres/CEO
functions at Burda Media New York.

54

any funds by wire from Burda Holding58, 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 BMs 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 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 NYSDs FILED
datestamper for 5 days backwards move in order to pretend a
bogus filed date U.S. Flag day - June 14, 200159. That
earlier, fake date, however, never made it into Pacers
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.
Wire details from BMs bankers 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
BMs custodian and collection agent.
58

59

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.

55

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. Proctors
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 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 Districts records
including [mj] Magistrate records - are empty for that day
and any later date. The Courts SEALED RECORDS ROOM has no
log-book entry, their vault remained empty on 6/14/2001
and later resulting in absolute vacuity. The governments
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 Indictment60 plus one USA Cover-page USA-33s-274
60

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

56

to NYSDs 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 clerks 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 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 who61 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 status62 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
61
62

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

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

57

JURISDICTIONAL, inversely, abuse of TIME to con time-frames

under color of law is prohibited scofflaw-enforcement
conduct. See backdater:

Specimen A [if above pamphlet would have truly [winkwink] 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-filing63
O.) To Wit: Subject attorneys, at least White,
Canellos, Harris, Weddle and unknown others
63

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

58

committed professional misconduct evidenced by

(1)intentionally violating a clear and 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-TinyBit-Too-Late-Indictment is felony counterfeit, as
time-lines are the essence of Due Process.
i)

Whether two64 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 theres 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 this complaint <plausibly
removed by unknown co-conspirators of USANYS,
64

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 OSullivan

59

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 Foremans RETURN
in OPEN COURT in that the unidentified USAO
staffer was unaware of an otherwise ongoing NoSeal, Un-Seal, Flag Day Court scam, since the
staffer handwrote on 6/19/01 that he Filed
Indictment, rather than witnessed a return65,
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

v.)

65

Subject staffer recorded that Case [was]

assigned to Judge Koeltl, simultaneously to
his/her Filed action. Apparently, the

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

60

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.

vii.) DOC#1 and DOC#2s DE entries must be deemed

fictional and thus fraudulent entries [AOUSCs
clerical error standard is inapplicable], in
view of undisputable and undisputed lack of proof
that SEALED INDICTMENT as to Sealed Defendant 1,

61

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 Nations 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 Courts 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/Magistrate66 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 - Case on
6/14/01 involving Fritz Blumenberg, et al.
d) failed to produce Mary Jo Whites 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

66

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

62

by his legal authority into three (3) Arrest

Warrants.
No ticky no laundly
[Magistrate Dolingers 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, left as is, despite the rubbers
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
DOJs 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]
63

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-daysbackdating scam in a Clerks 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
whos done it in presence of a on-duty
Judge, nor whos granted USA Whites
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
Whites 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 JGKs
fax67 terminal:

67

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

64

g) To Wit: Pursuant to a forensic technicians

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 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 ZilchReturn-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

65

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 DOJs 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.

Specimen D DOC#2, corpus delicti

66

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 NYSDs Sealed Records
Clerk to show & tell NYSDs 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 happen in an
unknown Magistrates 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 attorneys duplicity: 6/19/01,

67

<09:45 a.m.>, the Mother Courts purportedly

freshly68 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-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 duped69 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 AOUSCs Bench Book but
looked the other way before validating a
CCIs claim that John Koeltl was in on the brazen scam as a pre-selective assignee who would
frequently jump the criminal wheel [sic]
68

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 IEDs at the Rule of Law.
69

68

patently false DOJ time-event-line. If Pitman

had his own Time-Machine70 he wouldnt job at
Pearl Street, an insider remarked.
k) Alas, before noon, Pitman was generally deemed
competent enough to see DOJs 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 DOJs
counterfeit pamphlet, an intentional deception
to appeared as if emanated from a real Court of
Law and not from DOJs hoax-shop.
l) It is not plausible, considering the entirety of
the documents and circumstances, that Pitman had
not agreed to join subject attorney teams
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 Bureaus 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 Viertels
Indictment. More likely than not, Harris and Weddle
were on the same page71 with Bureau staff.
Consequently, the Bureau of Integrity was equally
70

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

71

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

69

without possession of 1, 2 or 3 duly issued A/Warrants.

In fact, they had no operative warrants. They held
worthless pieces of 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 200172. 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 lawenforcers 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-clerks ink
These scarlet STAMPS - there were a quite a few - passed from one Chief Clerk to the next wise
guy, like from Henry to Hill.
72

70

visible on these look-alike warrants, FLSD73 USA Acostas

deputy, unwisely, chose to provide material support to
false arrest by permitting three FBI agents74 to apprehend
Viertel and to request Boca Raton Police to AOA the night
before. Palm Beachs 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-BQMRAs [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
5 Amendment right to fair and due process is a
fundamental constitutional guarantee it cannot be
weighed against other interests.
th

73

New 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.
74

71

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

a speed-bump on the way to winning at all cost75 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 KOELTLs 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 NonAmericans, then, all of the huge misconduct could
make sense. To nobodys 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 NYSDs overreaching
character.
In fact, USANYS proctors were enemy
combatants without clothing, nude all along, just
like Andersens Emperor76,
U.) To Wit: Unsurprisingly, the scams went beyond
Manhattan, to AUSA Snow at Main Justice falsified
criminal law sections and created documents [upon
75
76 Kejserens

nye Klder, Eventyr, fortalte for Brn. Frste Samling. Tredie Hefte. 1837

72

MSCohens high pressure and telephone terror

reported by USANYS MLAT liaison], which he
transmitted [8/9/2002] to Frances Central
Authority.
Since, France volunteered a complete set of DOJ
Snows 2002 transmissions from DOJ Washington to
MdJ Paris, an offer of documents counsel for
Viertel received.
Ct#2s 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 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 USAMs clear

73

instructions, willfully molested statute 134177 to

induce and deceive France to cooperate.
Commentary: The medicine DOJs Yates, Stokes,
Weissman and various prosecutors touted early
March (at ABA), how important it is to selfdisclose any wrongdoing to DOJ is purest
hyperbole78, since DOJ is farthest away 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 Law79, or
Supreme Court decisions .
77

Snapshot MLAT fraud upon France

78

Apparently, at the first sign of anything questionableeven before any bad happened on June
13, 2001New Yorks White-Pomerantz-Canellos-Harris-Weddle team should have jumped on a
plane, head to Main Justice and knock on the door, begging for credit & forgiveness for the selfdisclosure 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.
79 It

is 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,

74

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
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
judicium80.

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..
80 the one who flees the law confesses his guilt (Publilius Syrus)

75

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

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. Bonstroms bulk of appellate work
occurred in NY during Viertels 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
Viertels 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 Viertels Unit
Manager obstructs legal calls to and from CJA
Bonstrom. All calls were subsequently obstructed.
Acting Unit Manager Upchurch unlawfully complied
to 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 BOPs misconduct.
In any case, Bonstrom had to conclude Brief and
Appendix without Viertels input. Appellants
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

76

cents to make it appear as 10ents with the

government intent to forge a false match with GX
302 [see FN 38],the Check [amount $8120.10].
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 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: BOPs Upchurch was later found to have
done her own criminally alterations to worsen
Viertels BOP Custody level with intent to
impede his reasonable furlough application [mother
Viertel suffered a stroke]. The BOP followed
MSCohens 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
Upchurch81 embezzled a third party IT access key to
illegally access BOPs database and Upchurch
81

Mrs. 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

77

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 datasheet-heist underlines the agencys 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 inhouse fraud schemes at COA harming inmates
including Viertel. Koeltl, unsurprisingly, denied
a corrective action demand at odds with his
judicial oath to administer justice without
respect to persons. Koeltl falsely pretended lack
of jurisdiction over DOJ-BOP misconduct82, 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 OPRs
review. Cause for USAs 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.Burdas] pockets.
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.
82

78

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 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 clerkcharacter, which caused presumptively innocent targets to
be hauled from out-a-state on a song and fake warrants
wizardry executed under color of law by at least 8 (some
unknown, some known fearless scofflaw FBI Special Agents
who acted without authority and in bad faith arresting
the three while withholding the arrest warrants despite
Rule 4s duty to produce an original or warrant copy),
unless she was comatose, high or under a spell of amoral

79

bar specimen83 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 nave, more
detached and professionally a honorable
magistrate. He has since left Moynihans 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.
NYs FBI knew best84 to not rebuke nor
challenge USA, their Kingpin-clients and they
messaged as instructed - bogus drafts out-ofstate [Noteworthy, FBIs 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
CII point to the Ex-Chief of Whites 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
84 In fact, several former FBI agents, related and unrelated to this matter, have voiced to be
pressured to commit criminal acts on USAs carte-blanch promise to be shielded by U.S. attorneys
in case of :::all of the debriefed agents consider the FBIs motto false pretenses. They hold
Integrity . to be public mockery
83

80

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 cameltrains of FBI agents (excluding her ex-G-man spouse),
Heronor responded with a larger number than fits to
print.
Not one of the 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 rubberstamping 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
81

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.
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 Department85 policy and an
indication that a more ethical progress has been
achieved.
Sidebar: When Harris pronounced it crucial that
were all on the same page, and that we were
referred to this matter by an IRS probe, defendants
and defenders in JGKs 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 Courts 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 PSRs)

85

From fiscal year 2002 through fiscal year 2013, the Justice Departments 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

82

Z.) MSCohen was less careful but in a procedural bind

when submitting the USA Appellee Brief (on the 031364 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 Forepersons authentication [if one,
argumendo, presumes for 1 second - that a 12juror 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 Appellees 2004 Brief, Page 25ff Snapshot

13 [Point III- The Evidence Was Sufficient To Support
The Conspiracy Conviction] three attorneys deliver an
exemplary ignoble demonstration of misconduct,

83

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 10ents from the issued check [supra
FN 38] in order not to directly attack the
sophistic constructions; and they misinterpreted
the law86, misquoted Kiefer and willfully distorted
86

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

Also see USAM (below)

84

Kiefers 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 supervision,
both serious operational failures that lay
squarely upon the hierarchy of the EOUSA.
CCIs confirmed that such schemes were not
extra-ordinary but rather routine misconduct.
Above all Napue violations about a) Kiefers
active mail embargo, b) bogus-wire fallacy c)

85

interstate87 carrier absurd international

operations were outright inapplicable despite
the USANYSs accusatory descriptions of
fictitious events, mailings and wires at Burda
Media New York by USA White and later USA
Comey88, which are at least dubious, whether

87

USA Whites jurisdictionally void mail charge :

.
88

USA Comeys feigned Superseder Indictment, under pretense to relate back to its Whites
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

86

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
didnt 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 DOJs renowned disrespect for an
impartial, disinclined, neutrally blind
Judiciary role in the constitutional system of
government, reliance upon bench-work by robed
ex-prosecutors docile predilections
automatically invalidates the Rule of Law and
Due Process ab initio.

87

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 FBIs 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 Comeys 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 Courts 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.
On another issue, Dolinger confirmed that
he never used a rubber with Melanie L.
Lopezs autograph.
While abuse of power is concerning wherever it
occurs, it is particularly troubling with regard to
the Justice administration.

88

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 dont work on 371. The Congressional
Research Service has clarified this 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 tamper89 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
89

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

89

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 Districts Mens Rea
Swat Team which had lost all measure of due process and
had rattlesnake nests in their minds.

USANYCs
intentionally

proctors

on

violating

first
a

Courtroom

clear

and

row

were

unambiguous

obligation or standard imposed by law, applicable rule

of professional conduct, or DOJ regulation or policy.
They

and

recklessly

their

Deputy

disregarded

Sheriffs
an

and

obligation

Special
to

agents

comply

with

that obligation or standard.

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.

90

Presiding over a stale deliberately backwards dated

submission, bogus-labeled as INDICTMENT [also
Pitmans absurd handout was bogus-labeled INDICTMENT,
supra] that was in fact, an unreturned at-no-timesealed 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 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 Whites
footsteps since were specifically cognizant of, that:
i) Bribes or rewards for arranging Court Docket fraud,
for NYSD Clerk Mollinelli to tamper with NYSDs
Date stamp, backdating and Docket-Doctoring90 are by
far more serious white-collar offense than Options
Backdating, a fashionable prosecution target.

90

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

91

ii)
MSCohens 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 Q1Q6, 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 alumnis in malpractice as USA proctors in
front of his own eyes inside the Courtroom. MSCohen
relied upon Koeltl, utterly conflicted out and
afraid under threat of MSCohen [CIIs 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

92

invoice[s] had also been embargoed at Burda Media

in New York. Still, despite DOJs awareness of
these defects and the fallacies buzzing up their
prosecution, Snows deliberate omission of
statutory language showcases willful misconduct and
bad faith. It is irrelevant and meritless that he
later pleaded a Nremberg 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].
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 plaintiffs willful corruption of the Grand Jurors
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

93

prosecutors91, 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.
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 prosecutors 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, OPRDOJ 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
91

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

94

future, which would represent also an opportunity to Make

Americas DOJ Great Again.
Respectfully submitted this 31.May 2016

Christian Viertel

M. Aldo Funaro, of Counsel

-----------------------Copy: Botschaft der Bundesrepublik, Washington

Post scriptum:
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
DOJs 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
95

outside counsel92 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
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
judicium93.

92

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.
93

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

96

Snapshot 1

97

Snapshot 2

98

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

99

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
100

(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)

101

102

Below: FBI PRIORITY MESSAGE SECOND COVER PAGE

103

Snapshot 5 FBI PRIORITY enclosure a) pseudo A/R

104

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

105

Snapshot 7 GX 303

106

Snapshot 8 GX 301

107

Snapshot 9 partial Grand Jury Transcript (60-63)

108

Contd Snapshot 9

109

Snapshot 10 altered Jury Room Exhibit GX 301 (bis)

110

Snapshot 11 tampered BOP data-screen shot Alien

Escapes & Serious Violence

111

Snapshot 12 FBI document re VICTIM BURDA MEDIA of 2005

112

Snapshot 13 Kelly, Neiman, MSCohen DECEPTIONS upon CA2

113

Final Snapshot:

Q.E.D.
The End

114