Viertel v. USA, No. 1:2008cv07512 - Document 37 (S.D.N.Y. 2014)

Court Description: MEMORANDUM OPINION AND ORDER: 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 In dictment filed in this case. 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. For these reasons, the petitioner's application is denied. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/2014) (ajs) Modified on 5/8/2014 (ajs).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHRISTIAN VIERTEL, Petitioner, - against 08 Civ. 7512 (JGK) 01 Cr. 0571 (JGK) MEMORANDUM OPINION AND ORDER UNITED STATES OF AMERICA, Respondent. 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 _____________/s/____________ John G. Koeltl United States District Judge 2 From 1.877.233.3839 Tue May 6 05:57:52 2014 PST Page 3 of 13 Wniteb ~tates j)Bistrict QCourt ---------------------------x (faxed to chambers @ 805-7912 on May-06-14) UNITED STATES OF AMERICA, \'Ai; VICTIS MOTION TO LASTLY STRIKE OUT CORRUPTED DOCKET ENTRIES #1+#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 uARREST WARRANT", ITS BOGUS FUGITIVE LABELS, ITS REARWARD STAMPED FALSE BILL, ITS FILE BACKDATING --;-t- FOR A SULPHUROUS HOAX MISSION OBJE,TIV~:TO FRAME & RETROFIT BOTH TIME BARRED'QVERT ACTS AND WHY SEVERE SANCTIONS SHOULD NOT FOLLOW Plaintiff, FRITZ G. BLUMENBERG, i ., CHRISTIAN T. VIERTEL, q~fs 2001 (GP) 00S71- (JGK) J-GFW--t--.--b ¬-E, exclusive ~p~~ee " [published http://bit.ly/1fMcXsd] ,. .. .. ~ ¢ ~ K ~ ---------------------~~~---x <!PreelillJJ.d to the ~o~rt. hereby respectfully moved. Movant's substantial showing that were mal-created to ex to fef .D.Q.Q.h! pursuant to ·at unlawful Court entries, statements, ~nd fictitious docket items pfi;,t facto - backdate-rubberstamp -· ~ "~ETRO-INDICTMENT" that, by its late departure and arri~~1;" posited the United States imQoten~ ·; ' : qb initio to CHARGE a ~ "Conspiracy §311 claim based upon two sole time-barred overt act~. Felow here. the Court's ;'.1 ~<i From 1.877.233.3839 Tue May 6 05:57:52 2014 PST Page 4 of 13 1 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. 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. Jun'sdiction 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 regligent false or illogical anomalies and proper correction by ERRATA, this Court not only co~ertly pardoned openly "mendacious" doctoring by a Magistrate, but usurped "mock Jurisdiction" falsely based upon both justly dep9rted [non-offensive] overt 1 ~lumenberg's The Court's own words@ PLEA proceeding], that demonstrate the uh-toiled time-bar on 20 r :l 1 t :.: I Viei::tel 2·t ~s 11 ir.voke ·11 J I.'::~·::. ii II . the overt . act~ . ?:hat is ,1Ueg.,,l LH the lndictmen~ is th9-t, Oil. or abmH ,h.;..'1e : (, ! 23 On~ ot THi- COLTRT. C611qit~~tml&'Pm~if, 6/l8/200~; 1 ...~ . . ¢ '. ca:ised [119ate Reality Corp.:;rati-::m to ~e~~;p::i ¢ . ,.,. . " ~~9 ¬., C'hrist:ian .. ,.. ..... i.<-'l<ii-ik,.<l<*,..,m"'";;;,;i.ltff~!<o. payment of S9.12:l .ind tlEm, .. you·s1~~u~te d . . C!e"~~ve: UH ~sn to Ol' ">/OU an abuu':. . to Burda M>.tdia t.hat rnv·:i:t;e ~~~ you do that' C~rr ¢R!i;nkrs:Cfl-l't~~fl~~ittg.J From 1.877.233.3839 Tue May acts2 purporting to support a §371 6 05:57:52 2014 PST Page 5 of 13 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 199S's mail fraud LAW, repeatedly "ruling" [albeit provisory & subject to revocation] extra-mural statutory authority [ultra vires]. The Court imprudently trespassed its discretionary Art.Ill license beyond statutory limitations applicable to, inter alia, §371 in furtherance of utter disrespect for Congressional exclus1on 3 of non-domestic-territorial "international air freight allegations". 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 oursue historical revisionism to orosecute in tort" throughout this case, 4 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 2 "overt acts", bogus at best, which Kiefer established as untenable and fictitious,. because Kiefe~-~lone backdate-stamped the "charged" $8,120.00 Agate post-pay-out-voucher s~iftly upon tray-exit from B,U8DA's own laser printer a week after these false act allegations. vindi~ate '"Our goal is simply to ~5, to provont the . u~e p~ include UPSJ FedEx and I the intended purpose of the statute, that [aame~tic Unite~ Stat~~ . priv?!~ 9r commercial pastaL maii systems which [ ¢ int~rstate cgrriers] in furtherance of fraudulent ~nte~prises." United Stat~~ v. Von Barta, 635 F.2d 999, 1005 (2d Cir.1980)~ ,ert. denied, 450 U.S. 998, +01 S.Ct. 1703, 68 L.Ed.2d 199 (1981) (cit~tipns omitted). Others, voicipg the concerns underlying the doctrin~· 8f strict construction, have ~aken a narrower view. Several courts hP,Y~ attempted to reconcile th~s~ disparate approaches by seeking to discover pqw far Congress meant to ex~erid § 1341 and by strictly confining the ~tatute within its intended Qo~nds. See United States v. Bohonus, supra; Unit~~ States v. McNeive, 536 F.2d·1245, 1247 n.3 (8th Cir. 1976). "Statutes li~e the federal mail fraud s~atute involved here must be strictly construed ib'.l~rder to avoid extension bey?nd the limits intended .rt by Congress." United st§i~es v. Edwards, 458 F.2d 875;~880 (5th Cir.), cert. denied,409 u.s. 891, 93-~'.ct. 118, 34 L.Ed.2d 148 (~~]2) . i:t:~ ;; ¢ .' Third defendant John L,~e; sole citizen, was uncere~9niously nolle pressed on 7/3/2002 upon still~~ecr~t grounds 4 : tf.. ,, "t , ·~ From 1.877.233.3839 Tue May 6 05:57:52 2014 PST Page 6 of 13 ready to pass off CJA-vouchers for "Gewft"-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"]. Conspiracy cannot be carved out of dead wood. For the reason stated here and heretofore, and on the basis of most offensive, soohisticated due process violations and further, because of sweeping, Kafl<aesque Uber-prejudice through malpractice and support of doctored Court dockets, Movant MOVES to submits hereby that the Court redresses 01- ¬f-0571's CASE RECORDS NUNC PRO TUNC substantively in the format. or congruous format. detailed in Movant's "Proposed ORDER" attached to this MOTION. _ :rime i~ of th~.E_ss~~s_e_5,- i!La l$.¥~fl~ pras.e ?uring wh1~~-b<?t~. bran~~es of _t~e Uni~ed States Government actively continued ~n ent~rprise to obstruct the RULE OF LAW and planned to and then withheld these clearly ~xcu.lr?atory Docket-Doctoring6 det~il~ from Movant and defense, until court staff assisted discover)'. thC)t the tw,o lower branches mqssively violat~d Movant's rights and ~. ¢ , .... 0/ ~1.Jblic's expectatiori of FAIRNl;S£ Find INT!;GRTV in i:eoeral c;;Qurt procef!ciings. Last time_ Mo¥,~nt che~~~d, the Court system is for thE'. se9rt~. gf the truth The preparatory act the stf,lglng-set-up, cast Federal ty1l:lg1str~t~ Pitmqn [a/k/a the "Docket-Doctor on Pe.arl", Movant is ad'{ised], who e1tber knowingly acted willfully [subject to a current investigation] or wa~ stronwcirmed to subscribe to what must be portrayed as an "almost real looking", albeit falsifit;p ~?~~YS-~ttorney brain produ~t typed.·yp An Court paper "chez MJ White" to serve as a "Where©" Statement", not head-labeled so ,'by hf:lppenstance, what was to be, presumably, a Magistrat~ ,Cqurt's ORDER <{. ~ ¢ ,,. [see DOC#2 or http>tbitly/1eor/t\iE], but White's r ,;!. - brainy bunch inside the "U.S.-Wf)r-Room" [Court insiders claim] heap-labeled their concoction: ., , _ ~ t.~ ~ "INDICTMENT". [NYSD Clerk QfQ) fixed that right up to make the D~cfet look less comprom sing]. 1 Queen's Counsel they are not, but then, Lawlords & Lawladies don't populate democratically : "~ .-f ¢ elected Court benches 1n the ~.~.. 5 ~ ~ ..._ ~ Nobel-Laureate Fridtjof Nansen warned 1922: "make baste. lest it be too late tg rue" ~ 6 "DocketDoctor-Gate" tf, From 1.877.233.3839 Tue May 6 05:57:52 2014 PST Page 7 of 13 Last I was told, Magistrates cannot issue "l!V.P!CVJ1E!Vr5, but that's another GOLD STANDARD that would not derail "welt supervised" members [Weddle, Harris, Canellas et an of United States attorney Mary White', her "FRfl/J1ERS-1"EIM1 2·0". Doctor Pitman meanwhile back at the bench, knowingly & willfully pretended to have 7 chronicled bogus blow-by-blow non-events. vapor aoplications 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 8, 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]. Conclusively, Grand Jurors "abstained" to VOTE UPON a TRUEBILL 6/14/2001. ,., PACER IS UBER CLEAR 11.06.2011 CLO~ED, APPEAL. CASREF U.S. District Court . Soptbem District of New York (Foley ~«JU'are) CRIMINAL not;pT FOR CASE#: 1:01-cr-00571iPK~..l!!!<'..~~~~- Tuesday June 1~~ ~@01 was the 170th day in the 9regorian calendar. ,~.~ ·~' . .,,. """ ,... 0 Case ti&: USA v. Blume~ et a:l Related Caso: l:08~0\'-07$i2-JGK (No -mj- Case) ·t: -~ - ...... Daw F~:·p6119/2001 <t4 « ¢~ ~ Date T~tcd: 06123/2003 The opening CASE Sc~~e!1 on PACER was actually brought JUDICIAL NOTICE dated Mar-ch , S, , - yp in Movant's COMPULSORY 2014 [which is hereby adopted apcjl incorporated in its entirety], , ' ' unless the "Doctor" wq~ ~egally purblind, and as sµch, his seeing-Eye-dog should have gnarled ov~[ his <will he, nill he> stuqpRrn intent 8 As in "Ripley's Believe it or not", some hallucinatqr:y clerk typed up an ii'hes 'since removed - that 9 SEP,-~ WAS BLOWN - He/she earned to get off scot 'frlee for smeLL inq up bathrooir{toilet seats for that "entry notation" - 2 tine contribution trom"!fie "SeaLed Documents StoraaE!"j' Movant heard. ~ .! ~ ~.. ~ ·-, 1 From 1.877.233.3839 Tue May 6 05:57:52 2014 PST Page 8 of 13 and that screen clearly evidences PACER's PUBLIC ACCESS BASE HEADER, the "meta-data-beet: CASE FILE DATE was 6/19/2001 [see screenshot redacted, supra) and was not "Filed" on any date or sooner. The CASE FILE DA TE ON RECORD is prima facie evidence A CASE FILE DA TE represents the INAUGURATION of a CASE, c1v1I or criminal; also for tolling & time-bar purposes [unless a "Related Case" was calendared prior, mj-indexed prior and docketed pnor for certain tolling & time-bar purposes in an OPEN "non-Art.Ill" 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 dtsh for all types of pro-jud1oal, pro-federal malfeasance and for well known protection rackets amor1g ~e~nloli-re'Ca-~Jur~ts ot";eason have ~·ssw'red'~Movant. · Petit Jury Instructions, not worth~ of credence. allow the Court hindsi~ht. in this precious, educational post-hoax moment. to draw all jurisdictional consequerices DUE PROCESS calls for: of canspl '."<lii}'..1 f;be Gove-rnroent . . ..,, ,,. . ¢ ¢ ¢ . ~-.<:".~~ f-e.:;st doubt t!-.at at p.r-r:we bcyQnd 3 ¢ +;e.:.soneitl e:: 1t11.1st 0 ¢1re uvt>.I t. dGt .... ~-~rtr~? iri t .. furthera;nce uf the :f-,.t'<e l,.l,J..' ~ , Jury Inst+i+ction by Judge Koeltl; All acts before before J~ l.g, l.996 ,were time~ by 18=-'3282, ine1udingt. /./; tnose charged on June_~+7 and 18. consp1r~-icy wa.s'ca:nJ'!"itt.;>d ;;fter .jr::e- :4, J.996. . I - ~ I ¢ ¢ " W'.::,,-A~, -1..L.L.J. f ·~ FIAT UT PET/TUR From 1.877.233.3839 Tue May 6 05:57:52 2014 PST Page 9 of 13 Second Part Before this CASE was [f]actually filed [on 6/19/2001 around 09:30am 9, 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'sjudge-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 tor tame and career, in arrogant defiance of prospects for running significant due process risks and for sanctions, disbarments, once getting caught. 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 US. attorney standard calculation is made upon "comity between the two branches" to keep the lid or. 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 inter-branch racket can no longer shove OPENED RECORDS and NOTES OF DATES under the Courthouse carpet. Coequally, hidden documents, like the 2001 version [SJ of A0190 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 #01-5156 against Movant based upon a pseudepigraphous, USANYS falsified Draft Arrest Warrant, which "U.S. Cltt1re!d!m proctor Mark Harns" selfie rubberstamped, 1n lieu of 9 The Georgian Calendar was bulled in 1582 by Pope Gregory XIII to give the Julian calendar more flexibility for the solar futur.e and to plug the Sun's 11 minute yearly gap an~'not to.mess up the moon's P.redictability, not only for Easter. On N~w Ye~r 1752, Britain and their British colonies in America adopted the new calendar; also because George Washington blowing his B-day candles twice eacp·year, on tbe llTh and the 2~nd of Febr.u.ary, was wrecking the political climate. That C~ristian calendar system meant not~ing to the UNITED STATES governmen~ in June 2001 9fter some powlfialer·~nce~~ed, cowbovf Lavored, anything-goes ~w.hiff blew northwards from 43" $ ~~ Wh;i. te House to Manhattan in June 2001, qverloading any breathalyzer-lie-detector. The ogre does what ogres can, became inteqraL part of the Nation's fabric. %. ~ ~.~ From 1.877.233.3839 Tue May 6 05:57:52 2014 PST Page 10 of 13 a real tudicative 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 Harns' 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 (h1e/anie /...· L.opez., Clerk, is illusionary) on 6/15/2001 1n the Southern District venue that was later that Harris' "Partner" from the FBl's "integntv-sguad 10 " 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. 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. 0.A. 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 <hotbed> SONY'~ when, in fact a quick fact-check "investigation" ~9uld r~veal that the, F~l-~s i.ntern9I p,,rio.rjty fsix of an "uns~gnf!~· l!r!s~qteq iryqjctment draft" smelled just as foul just as a fantqsy "rt1j,,1'~rs1/ll.:?tt1re" on a draft AjWarroni Novetty 1 ¢ Still in true American gun- holder fashion, Agents Joseph G. Sconzo and un~nown agent John Doe, forced entry iota Movant's p_riv.ate fam~ly dwelling yttth fire_arms drawn, and consequently tn tort (forthcoming). ' Justice Thomas stated for an unanimous SCOTUS [9-0] in Millbrook v U.S., 11-10362. that Federal Tort exception wj;l1v1ng 1mml!n1ty f~om. lawi'u1ts ag:==i1nst the goyernment. "ext~'lds to 9{Xs pr omtSsions of law =::== FBI-~o~a: ~··~ ~ " Pun intended DOH, I MI~SED also the fake 11 . ·.... , lab~l ¢l:it..4..vs&"f on POM® . ~ INTEGRITY. juic~ s~bstitutes. All of which did could not nobly hinder the FB.J's pttorneys 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, t~Jt ~ lonely "Clerk's" rubber signature on unsigned A;rest Warrants suffices°'· even 'l!Jh!le the 'united. Sta:t:'...e? ~tto~neys pqssessed scienter that vapor., clerk f'ffJelanie 1...-1..-ope?!' was as reai ;as the GH4$T l}F IELLANY IRX,GE.(see USA Acosta Bri,ef 12/12/2005 ~ 18 re FRCrR ~(b) to 4(b)(l) . " claiming that a real cl~rk "personaLly" signed rather than "/....opez."). ~· " From 1.877.233.3839 Tue May 6 05:57:52 2014 PST Page 11 of 13 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", rnter alia. CONCLUSION For the reasons stated by Movant within and 1n 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 2007. to meet the ends of justice. even 1f 1t 1s 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 actwns 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 submrtt~d this 5th tjay of May 2014 [Stn lyyar 5774] Chr i&tian T Viertel, Movant pro se i~t. Di Torre Della Giustizia · 9/18 v. delle Ballodole Firenze, !TALIA 50139 ~iertcl2005@aol.com N/A Tel ~1631 709 9229 ~+883 510001197 405 CERTIFICATION of Service /s/ Copies of this submission were faxe9 t,his day to the Hon. Chief Judge NYSD, Dr. Preska, and em.ailed to USANYS Preetinder Bharar~, and by snail mail to the ~~ (, ¢ SDNY Clerk. PROPOSED ORDER ATTACHED (2 Pages) t :- { .;, . From 1.877.233.3839 Tue May 6 05:57:52 2014 PST Page 12 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA 01 Cr. 0571 (JGK) (P:::oposecii Against ORDER CHRISTIAN VIERTEL JOHN G. KOELTL, District Judge The Court received the attac2.ed "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 Jur.e 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 :ater - unsealed - as in the Case Title: uDate Filed: 06/19/2001 by the government ir. the morning of June 19, 2001, moments prior to my Assignment. Whereas, the Court holds, that DOC#2 was ~repared by the ~ [a document labeled "INDICTMENT"] government and was not prepared by Magistrate Pitman, who nevertheless signed off "SO ORDERE~" on June 19, 2001, "Unseal!ng a sealed Indictment of June 14, 2001 upon application". The Magistrate's Order was contrived for tolling p~rposes of Count One, to shoe- 1n two allegations of time-barred overt acts by CHRISTIAN VIERTEL for prosecut1or. under the Conspiracy statLte 18 U.S.C. §371 to unfairly survive. Whereas, the Court holds that an appl!cation to seal the IND:CTMENT ir. this on or after June 14, 2001 purportedly made by United States was a fictitious cla~m Whereas, dated Janua~y and must be stricken uFor All Purposes" from the records. the Court rPscinds its MO #9:579 dated May 4, 2005 and its MO 30, 2014 and hereby orders public release and docket entry of the June 2C01 Grand Jury minutes, trctrscripts and documents. Whereas, the Clerk is also directed to strike-out portions and add the exact corrective language to counterfactual entries as detailed be:ow: rrom 1.877.233.3839 Tue May Ca~e 6 05:57:52 2014 PST Page 13 of 13 title: USA v. Blumenberg, et al Date Filed: 06/19/2001 (original) Entries underlined or bold are new <<<<<<<<<<<<<<<<< ·1 Date Ffl~d 06/t 4P001 # ---- ·- ··-- loock~t-T;~(--·- 12-)--rSEALED INDICTMENT --1 3;f to .Sealed DefeAdr..At I (1) COttAt(s) 1-:-2. ISenled DefendaAt 2 (2) eottRt:(s) l, 2, 3, Sea-lea DefenElaAt 3 (3) ee'dflt_(.")_-1-.-2; j I3-8m7 (Entered: 06/20/2001) ***BE AWARE*** Correction below: IFraudulent Entry above: Stricken in its entirety cSigned by Judge ; . j r--------r---r-1K_o_e_lt_I~ !Entered: 06/1912001 a!J -·-----·--·--- (-1) / 12014) ORDER r:m to Seuled DefendnAt 1, SeHled Defeedant 2, Sealed Defendant 3, UmiecJing Indictment (Signed by Magistrate Jttdge HeRry 8. Pitman); Coplen n1r..-iled. Gn'l) (ERtered: 06/20/2001) ***BE AWARE*** Correction below: i Fraudulent Entry above: i KoeltlJ (Entered: / Stricken in its entirety cSigned by Judge 12014) '61191'.lOO 1 I <Ol-ri;a;,,.,.,,, ¢ ¢ ¢ ¢atea .,-;-seat ea Defea~sealed oefe ¢d ¢ ¢-;2, ·;;~~ ~' I . , l 1 Defendc.At 3 (jm) (EAtereEI: 06120/2001) *** BE AW ARE *** Correction below: -- ' Fraudulent Entry above: Stricken in its entirety cSigned by Judge Koelth (Entered: / 12014) .-----····-·~" n ~ 6/19/2001 ! 1G. Koeltl (Entered: ____ _J ¢ ¢ ¢ BE A WARE / 12014) ¢ ¢~OTE: this is th ¢.~ir>;'!r. ¢e entry in this.cas_e . Christian Viertel's motion is therefore granted in both parts. SO ORDERED. Dated: New York, May - J ITndictm;~t--FTLED , For A11 P~;~~~-~ , CASE A;~i;ned -t~ Judge John ...... ·: I ~ew 2P*4 York John G. Koeltl United St~tes lo~strict Judge From 1.877.233.3839 Tue May 6 05:57:52 2014 PST Page 2 of 13 Fax transmission Cover Sheet 1+11 pages 6 May 2014 For NYSD: Hon. Chief Judge Preska Hon. Judge Koeltl From TO: 1.877.233.3839 Tue May 6 05:57:52 2014 PST Page 1 of 13 United States District Court nuncprotunclaw FROM: New York Southern COMPANY: 1st.Di Torre Della G1ustizia COMPANY: 2128057912 FAX: +883510001197405 FAX: 01-0571 (JGK) SUBJECT: Tuesday, May 06, 2014 DATE

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