Opinion
S.D.N.Y.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
08 Civ. 7512 (JGK) 01 Cr. 0571 (JGK)
05-07-2014
CHRISTIAN VIERTEL, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
MEMORANDUM OPINION
AND ORDER
JOHN G. KOELTL, District Judge:
The Court has received the attached submission, which is a motion to strike docket entries that Petitioner Viertel alleges were fraudulent. There is no basis to change the docket entries, which are consistent with the Indictment filed in this case. The Indictment is part of the record that has been challenged repeatedly and unsuccessfully by the petitioner in his direct appeal and in numerous post-conviction proceedings.
The petitioner also seeks the release of various documents, but the petitioner does not have any applications pending to which the documents would be relevant, and he has failed to show good cause for the discovery that he seeks. See Garafola v. United States, 909 F. Supp. 2d 313, 335 (S.D.N.Y. 2012).
Finally, to the extent that the petitioner seeks to have his conviction vacated, or to have the denial of any previous Court decision in this case reconsidered, he has not demonstrated any basis for such relief, which has been denied on multiple prior occasions.
For these reasons, the petitioner's application is denied.
SO ORDERED.
Dated: New York, New York
May 7, 2014
__________
John G. Koeltl
United States District Judge
United States District Court
for the Southern District Of New York ("Mothercourt")
UNITED STATES OF AMERICA, Plaintiff,
FRITZ G. BLUMENBERG,
CHRISTIAN T. VIERTEL, defs
JOHN C. LEE, exclusive Nollee
(faxed to chambers @ 805-7912 on May-06-14)
VAE VICTIS MOTION TO LASTLY STRIKE
OUT CORRUPTED DOCKET ENTRIES #l+#2
FOR INAUGURAL DECEIPT, PREJUDICIAL
LACK IN FACT TO NOW RESTORE THE RULE
OF LAW & SANCTITY TO THE COURT'S DUE
PROCESS BURDEN & TO ORDER USANYS TO
SHOW CAUSE WHY DISMISSAL [NUNC PRO
TUNC] SHOULD NOT RESULT FOR ITS GRAND
JURY DECEPTION, ITS FORGED "ARREST
WARRANT", ITS BOGUS FUGITIVE LABELS,
ITS REARWARD STAMPED FALSE BILL, ITS
FILE BACKDATING HOAX FOR A SULPHUROUS
MISSION OBJECTIVE T0 FRAME & RETROFIT
BOTH TIME BARRED OVERT ACTS AND WHY
SEVERE SANCTIONS SHOULD NOT FOLLOW
2001 (Cp) 00571- (3GK)
[published http://bit.ly/1fMcXsd ]
Greetings to the Court, hereby respectfully moved, to act nobly pursuant to Movant's substantial showing of unlawful Court entries, statements, and fictitious docket items that were mal-created to ex post facto - backdate-rubberstamp a "RETRO-INDICTMENT" that, by its late departure and arrival posited the United States impotent ab initio to CHARGE a "Conspiracy § 8/1 claim based upon two sole time-barred overt acts. Below here, the Court's words give 20/20 hindsight into bad faith government cultivations, when prosecutorial imperialism and career building are at stake and when the Bald Eagle's Pride is really a worthless symbol on a bogus logo.
The Court's own words @ Blumenberg's PLEA proceeding], that demonstrate the un-tolled time-bar on 6/18/2001;
THE COURT One of the overt acts that to alleged in the indictment is that, on or about June 17, 1996, christian Vieitel caused Agate Reality Corporation to deliver to you an invoico seeking paynent of 39,120 and then, (B) on or about June 19 you submitted to Burda Media that invoice
Did you do that
treply Blamenberg: Can't recall anything
SOUTHERN DISTRICT REPORTERS (212) 805 0100
245UBLUP Fritz Blamenberg fauk guilty plea 4/5/2002 (revoked)
Today, both branches are silent in face of incontrovertible hard-core docketing facts, the DNA of all federal judicial proceedings which demonstrate that this Court's "inferential" §371 JURISDICTION passed forever away at 6/18/2001 midnight New York time, and what followed was an abundance of pure tort and limitless abuse organized by the Federal Judiciary to protect the second branch and a few careers despite its own.
Jurisdiction to grant this limited motion is bv statute and FRCrP.
First Part
Despite prima facie evidence presented and despite a supposed well-trained U.S.D.C. clerk structure for the detection of negligent, false or illogical anomalies and proper correction by ERRATA, this Court not only coye'rtly pardoned openly "mendacious" doctoring by a Magistrate, but usurped "mock Jurisdiction" falsely based upon both justly departed [non-offensive] overt acts purporting to support a §371 charge [that Thomas Snow, Main DOJ, swiftly dropped in 2002 from his unconscionable MLAT to France which U.S. proctrix Cohen pestered Snow daily to fax to Paris], but the Court also provided continued inter-branch shield-support, deliberately scoffed at 1995's mail fraud LAW, repeatedly "ruling" [albeit provisory & subject to revocation] extra-mural statutory authority [ultra vires]. The Court imprudently trespassed its discretionary Art.III license beyond statutory limitations applicable to, inter alia, §371 in furtherance of utter disrespect for Congressional exclusion of non-domestic-territorial "international airfreight allegations".
"Our goal is simply to vindicate the intended purpose of the statute, that is, to prevent the use of [domestic United States postal mail systems which include UPS, FedEx and private or commercial interstate carriers] in furtherance of fraudulent enterprises." United States v. Von Barta, 635 F.2d 999, 1005 (2d Cir.1980), cert. denied, 450 U.S. 998, 101 S.Ct. 1703, 68 L.Ed.2d 199 (1981) (citations omitted). Others, voicing the concerns underlying the doctrine of strict construction, have taken a narrower view. Several courts hays' attempted to reconcile these disparate approaches by seeking to discover how far Congress meant to extend § 1341 and by strictly confining the statute within its intended bounds. See United States v. Bohonus, supra; United States v. McNeive, 536 F. 2d 1245, 1247 n.3 (8th Cir. 1976). "Statutes like the federal mail fraud statute involved here must be strictly construed in order to avoid extension beyond the limits intended by Congress." United States v. Edwards, 458 F .2d 875, 1880 (5th Cir.), cert. denied, 409 U.S. 891, 93 S.Ct. 118, 34 L.Ed.2d 148 (1972).
Massive effort to cook the public's Court books
The Court combined, confederated and abutted U.S. government plaintiff's "massive effort to cook Court books and to pursue historical revisionism to prosecute in tort " throughout this case, and against two aliens, both being badly hampered by federally schooled, federally intimidated counsel too frightened of retribution to provide effective assistance to doomed defendants, but ready to pass off CJA-vouchers for "Crown "-compliant "dump-truck" performances. Intent goes to the reason one acts, and 'bad faith" goes to why an action was undertaken [this Court was greeted in Texas earlier this year to positive learn, that the Seventh Circuit defined "bad faith" as "for the purpose of hiding adverse information"].
Third defendant John Lee, sole citizen, was unceremoniously nolle prossed on 7/3/2002 upon still secret grounds
Conspiracy cannot be carved out of dead wood.
For the reason stated here and heretofore, and on the basis of most offensive, sophisticated due process violations and further, because of sweeping, Kafkaesque Ober-preiudice through malpractice and support of doctored Court dockets, Movant MOVES to submits hereby that the Court redresses 01-cr-0571's CASE RECORDS NUNC PRO TUNC, substantively in the format, or congruous format, detailed in Movant's "Proposed ORDER" attached to this MOTION.
Time is of the Essence in a 12 year phase during which both branches of the United States Government actively continued an enterprise to obstruct the RULE OF LAW and planned to and then withheld these dearly exculpatory Docket-Doctoring details from Movant and defense, until court staff assisted discovery that the two lower branches massively violated Movant's rights and Public's expectation of FAIRNESS and INTEGRTY in Federal Court proceedings.
Nobel-Laureate Fridtjoi Hansen warned 1922:
"make haste. Lest it be too Late to rue"
Last time Movant checked, the Court system is for the search of the truth
The preparatory act, the staging-set-up, cast Federal Magistrate Pitman [a/k/a the "Docket-Doctor on Pearl", Movant is advised], who either knowingly acted willfully [subject to a current investigation] or was strpng-armed to subscribe to what must be portrayed as an "almost real looking", albeit falsified USANYS-attornev brain product typed-up cm Court paper "chez MJ White" to serve as a "Whereas Statement', not head-labeled so , by happenstance, what was to be, presumably, a Magistrate Cqurt's ORDER [ see DOC#2 or http://bit/leor /NE ], but White's brainy bunch inside the "U.S.-War-Room" [Court insiders claim] head-labeled their concoction : "INDICTMENT". [NYSD Clerk (jm) fixed that right up to make the Docket look less compromising]. Queen's Counsel they are not but then, Lawlords & Lawladies don't populate dcmocroticolly elected Court benches in the U.S.
Last I was told, Magistrates cannot issue "INDICTMENTS", but that's another GOLD STANDARD that would not derail "well supervised" members [Weddle, Harris, Canellos et al] of United States attorney Mary White', her " FRAMERS-TEAM 20 ".
Doctor Pitman meanwhile back at the bench, knowingly & willfully pretended to have chronicled bogus blow-by-blow non-events, vapor applications and invisible "SEALS" and caused harm thereby to a clueless Nation and 3 clueless inbound defendants, but the Spin-Doctor indisputably certified his SO ORDERED ["INDICTMENT"] declaration to have ad hoc, albeit ignis fatuus, "SO ORDERED UNSEALMENT" of that same "INDICTMENT" of which no record existed , no Court FILING transcribing such proceeding can be found for a day when the Spin-Doctor was not on duty [Doctor was off honoring the Old Glory on U.S. Flag Day 14 June, Movant was advised].
unless the "Doctor" was legally purblind, and as such, his seeing-Eye-dog should have gnarled over his stubborn intent
As in "Ripley's Believe it or not", some hallucinatory clerk typed up an "entry notation" - 2 lines since removed - that a SEAL WAS BLOWN - He/she earned to get off scot free for smelling up bathroom toilet seats for that fine contribution from the "Sealed Documents Storaae" , Movant heard.
Conclusively, Grand Jurors "abstained" to VOTE UPON a TRUEBILL 6/14/2001.
PACER IS OBER CLEAR
11.06.2011
SONY CM/ECF Version 4.1.1
CLOSED, APPEAL, CASREF
U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1: 01-cr-00571-JGK All Defendante
Tuesday June 19, 2001 was the 178th day in the Gregorian calendar.
Case the: USA v. Blumenberg et al Date Filed: 06/19/2001« « « «
Related Case: 1:08-cv-07512-JGK (No -mj- Case) Date Termeted: 06/23/2003
The opening CASE Screen on PACER was actually brought up in Movant's COMPULSORY JUDICIAL NOTICE dated March 5, 2014 [which is hereby adopted and incorporated in its entirety], and that screen clearly evidences PACER's PUBLIC ACCESS BASE HEADER, the "meta-data-beef": CASE FILE DATE was 6/19/2001 [see screenshot, redacted, supra] and was not "Filed" on any date or sooner.
The CASE FILE DATE ON RECORD is prima facie evidence
A CASE FILE DATE represents the INAUGURATION of a CASE, civil or criminal; also for tolling & time-bar purposes [unless a "Related Case" was calendared prior, mi-indexed prior and docketed prior for certain tolling & time-bar purposes in an OPEN "non-Art.III" Magistrate COURT. In the NYSD, such a Magistrate Case against Blumenberg was not CALENDERED, MJ-INDEXED or FILED IN OPEN MAGISTRATE COURT for one simple reason,: there was no case yet, what meant, no proceeding, no recording, no judicial action prior to June 19, 2001. The Southern District seems to be a real-life Petri dish for all types of pro-judicial, pro-federal malfeasance and for well known protection rackets among each" other, as junsts of reason have assured Movant.
Petit Jury Instructions, not worthy of credence, allow the Court hindsight, in this precious, educational post-hoax moment, to draw all jurisdictional consequences DUE PROCESS calls for:
Chere is a limit to how ___ time the Government has to obtain an mdiacment. For you to determine the defendent: guiloy of conspiracy the Government must prove beyond a reasonable doubt that at least one overt act in furtherance of the conspiracy was cosrcrttred after June 14, 1996. Willful, false Jury Instruction by Judge Koeltl. All acts before before June 19, 1996 were time barred by 18:3282, including those charged on June17 and 18.
FIAT UT PETITUR
Second Part
Before this CASE was [f]actually filed [on 6/19/2001 around 09:30am, per Court staff's reconstruction] and equally before a Judge "assignment" [eventually JUDGE KOELTL] had taken place [which raised significant doubt by Court insiders - even prior to the Second Circuit's blunt words in Chiasson/ Newman's hearing last week - as to Branch 2's judge-picking culture to shun the "criminal wheel" that could ruin a sordid plan to prosecute and "win at all cost" and reputational debit] the United States government actors commenced this continuing enterprise racket to frame three persons for fame and career , in arrogant defiance of prospects for running significant due process risks and for sanctions, disbarments, once getting caught.
The Georgian Calendar was bulled in 1582 by Pope Gregory XIII to give the Julian calendar more flexibility for the solar future and to plug the Sun's 11 minute yearly gap and not to .mess up the moon's predictability, not only for Easter. On New Year 1752, Britain and their British colonies in America adopted the new calendar, also because George Washington blowing his B-day candles twice each year, on the 11 and the 22 of February, was wrecking the political climate. That Christian calendar system meant nothing to the UNITED STATES government in June 2001 after some p ow [d]er-incensed, cowboy- flavored, anything-goes-whiff blew northwards from 43 White House to Manhattan in June 2001, overloading any breathalyzer-lie-detector. The ogre does what ogres can, became integral part of the Nation's fabric.
The United States engaged in elaborate lulling and hard-core BRADY-molestation schemes [not really out of character for prosecutors nationwide] to hide their inaugural continuing offensive conduct. Movant was advised by clerks and by probation staff - surely off the record - that the U S. attorney standard calculation is made upon "comity between the two branches" to keep the lid on proof-tight, block Movant's investigations, assure that demands for LAB-reports are dismissed, Trial Exhibit 501 can be altered scot-free in Open Court, wire-detail-meta-data dumped in the gutter and financial certifications shunned [here, the United States theorized wrongly as to beneficial gain, loss and ownership under §1343], a miscalculation that blew open now since the joint mter-branch racket can no longer shove OPENED RECORDS and NOTES OF DATES under the Courthouse carpet. Coequally, hidden documents, like the 2001 version [S] of AO190 and the Grand Jurors Transcripts, must be revealed, at all cost to the bar.
Incidentally, around 09:00am on 6/19/2001, Magistrate Ann E. Vitunac opened FLSD Magistrate Case #01-51S6 against Movant based upon a pseudepigraphous, USANYS falsified Draft Arrest Warrant, which "U.S. Chareidim proctor Mark Harris" selfie rubberstamped , in lieu of a real judicative seal, i.e._by "Magistrate Michael Dolinger" (signature field - intentionally- blank on the fake warrant draft Movant recuperated from the FLSD with the help of most honest clerks, because the FBI had specifically & illegally removed Harris' bogus "Novelty Warrant" altogether from the certified "complete, redacted" set of FBI-FILES FOIA disclosures) applying such fake stamp of a fictitious "anime" Clerk's "signature" specimen (Melanie L. Lopez, Clerk, is illusionary) on 6/15/2001 m the Southern District venue that was later that Harris' "Partner" from the FBI's "integrity-sguad " faxed to three other district with the object to deceive additional FBI "Resident-Partners" to make false, unconstitutional arrests, a kind of friendly fire. Since then, these actors displayed evasive behaviors, common among the criminal attorney element, to keep detection and removal from bar & power at bay. No more, Movant submits.
Pun intended FBI-Logo: Image materials not available for display. I INTEGRITY. DOH, I MISSED also the fake label on POM juice substitutes.
Movant was subject to a FALSE ARREST at 0700am, without a valid Arrest ORDER and without a valid INDICTMENT or COPIES of valid instruments which constituted unlawful restraint of an individual's personal liberty or freedom of movement by two federal agents procured (by A.OA. request) from Boca Police purporting to act according to the law. Both Boca Police officers were roguishly advised by the Federal Bureau of Investigation Integrity Duo to be "in possession of a valid "FUGITIVE" warrant issued by the SDNY", when, in fact a quick fact-check "investigation" would reveal that the FBI's internal priority fax of an "unsigned, unsealed indictment draft" smelled just as foul just as a fantasy " "rubber-signature" on a draft A/Warrant Novgtty . Still, in true American gun-holder fashion, Agents Joseph G. Sconzo and unknown agent John Doe, forced entry into Movant's private family dwelling with firearms drawn, and conseguently in tort (forthcoming).
All of which did could not nobly hinder the FBI's attorneys to ignobly deceive (wink, wink) FLSD Judge Hon.Middlebrooks by claiming arrest authority under an entitlement theory for bogus belief, in Florida State even foolish ones, that a lonely "Clerk's" rubber signature on unsigned Arrest Warrants suffices even while the United' States attorneys possessed scienter that vapor clepk "Melanie L-Lopez" was as real, as the GHOST OF BELLAMY BRIDGE. (see USA Acosta Bp;ef 12/12/2005 ¶ 18 re FRCrP, 9(b) to 4(b)(1) claiming that a real clerk "personally" signed rather than "Lopez.").
--------
Justice Thomas stated for an unanimous SCOTUS [9-0] in Mitlbrook v. U.S., 11-10362, that Federal Tort exception waiving immunity from lawsuits against the government "extends to acts or omissions of law enforcement officers that arise within the scope of their employment, regardless of whether the officers are engaged in investigative or law enforcement activity, or are executing a search, seizing evidence or making an arrest' And that would reach "tort by forging Court documents to frame innocent persons", inter alia.
CONCLUSION
For the reasons stated by Movant within and in earlier submissions, this COURT has no credible point of entry not to grant Movant's MOVE FOR AN
ORDER TO SHOW CAUSE WHY DISMISSAL [NUNC PRO TUNC] SHOULD NOT RESULT FOR ITS GRAND JURY DECEPTION, ITS FORGED "ARREST WARRANT", ITS BOGUS FUGITIVE LABELS, ITS REARWARD STAMPED FALSE BILL, ITS FILE BACKDATING HOAX FOR A SULPHUROUS MISSION OBJECTIVE TO FRAME & RETROFIT BOTH TIME BARRED OVERT ACTS AND WHY SEVERE SANCTIONS SHOULD NOT FOLLOW
Therefore, Movant expects that this MOTION be granted in both parts and its entirety and that the Court swiftly DIRECTS THE OVERDUE RELEASE OF the cloaked AO 190 and the GRAND JURY MINUTES and RECORDS from June 2001 to meet the ends of justice, even if it is not to the personal advantage and interest of the Presider, and to do so in disregard of Movant's alienage and distance from the JURISDICTION, and order what other actions are overdue and deemed just and reasonable now, that AG Holder pronounced today that "too big to jail" is not the current modus operandi at US-DOJ. Respectfully submitted this 5 day of May 2014 [5 lyyar 5774]
Christian T Viertel, Movant pro se
lst. Di Torre Delia Giustizia
9/18 v. delle Ballodole Firenze, ITALIA 50139 -
viertel2005@aol.com N/A Tel tl 631 709 9229
+883 51 000 1197 405
CERTIFICATION of Service /s/ Copies of this submission were faxed this day to the Hon. Chief Judge NYSD, Dr. Preska, and emailed to USANYS Preetinder Bharara, and by snail mail to the SDNY Clerk. PROPOSED ORDER ATTACHED (2 Pages) UNITED STATES OF AMERICA
- Against -
CHRISTIAN VIERTEL
01 Cr. 0571 (JGK)
(Proposed)
ORDER
JOHN G. KOELTL, District Judge
The Court received the attached "MOTION to strike-out and correct three inaugural Docket filings in this Case" from CHRISTIAN VIERTEL, da~ed May 5, 2014, which it files with this Order.
Whereas, the Court takes judicial notice of NYSD June 2001 dockets, to hold that the Case was not filed with any Judge or Magistrate, and was not sealed on June 14, 2001 by any Judge or Magistrate, but was originally filed 5 days later - unsealed - as in the Case Title: "Date Filed: 06/19/2001 by the government in the morning of June 19, 2001, moments prior to my Assignment.
Whereas, the Court holds, that DOC#2 [a document labeled "INDICTMENT"] was prepared by the Crown government and was not prepared by Magistrate Pitman, who nevertheless signed off "SO ORDERED" on June 19, 2001, "Unsealing a sealed Indictment of June 14, 2001 upon application". The Magistrate's Order was contrived for tolling purposes of Count One, to shoe-in two allegations of time-barred overt acts by CHRISTIAN VIERTEL for prosecution under the Conspiracy statute 18 U.S.C. §371 to unfairly survive.
Whereas, the Court holds that an application to seal the INDICTMENT in this on or after June 14, 2001 purportedly made by United States was a fictitious claim and must be stricken "For All Purposes" from the records.
Whereas, the Court rescinds its MO #91579 dated May 4, 2005 and its MO dated January 30, 2014 and hereby orders public release and docket entry of the June 2C01 Grand Jury minutes, trarscripts and documents.
Whereas, the Clerk is also directed to strike-out portions and add the exact corrective language to counterfactual entries as detailed below: Case title: USA v. Blumenberg, et al
Date Filed: 06/19/2001 (original)
Entries underlined or bold are new
| Date Filed | # | Docket Text |
| 06 /1 4/2001 | (-2) | SEALED INDICTMENT as to Scaled Defendant 1 (1) count(s) 1. 2. 3, Sealed Defendant 2 (2) count(s) 1, 2. 3, Sealed Defendant 3 (3) count(s) 1, 2, 3 (jm)(Entered: 06/20/2001) ***BE AWARE *** Correction below: Fraudulent Entry above: Stricken in its entirety [Signed by Judge Koeltl) (Entered: ___/___/2014) |
| 06/19/2001 | (-1) | ORDER an to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Unsealing Indictment ( Signed by Magistrate Judge Henry B. Pitman ); Copiea mailed. (jm) (Entered: 06/20/2001) *** BE AWARE *** Correction below: Fraudulent Entry above: Stricken in its entirety (Siqned by Judae Koeltl] (Entered:___/___/2014) |
| 6/19/2001 | (0) | Indictment unsealed as to Sealed Dofondant 1, Sealed Dofondant 2, Soaled Dofondant 3 (im) (Entered: 06/20/2001) *** BE AWARE *** Correction below: Fraudulent Entry above: Stricken in its entirety [Siqned by Judae Koeltl) (Entered:___/___/2014) |
| 6/19/2001 | 1 | Indictment FILED , For All Purposes , CASE Assigned to Judge John G. Koeltl (Entered:___/___/2014) *** BE AWARE *** NOTE: this is the first true entry in this Case |
Christian Viertel's motion is therefore granted in both parts.
SO ORDERED.
Dated: New York, New York
May _ , 2014
__________
John G. Koeltl
United States District Judge
Fax transmission Cover Sheet 1+11 pages
For NYSD: Hon. Chief Judge Preska
Hon. Judge Koeltl
FAX
| TO: | United States District Court | FROM: | nuncprotunclaw |
| COMPANY: | New York Southern | COMPANY: | Ist.Dt Torre Delia Giustizia |
| FAX: | 2128057912 | FAX: | +883510001197405 |
| SUBJECT: | 01-0571 (JGK) | DATE | Tuesday, May 06, 2014 |