IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

v. 08-CR-54-S

SHANE C. BUCZEK,

Defendant.

MOTION REQUESTING THE COURT

TO ADD A CONDITION OF RELEASE

THE UNITED STATES OF AMERICA, by and through its attorneys,

William J. Hochul, Jr., United States Attorney for the Western

District of New York and Maura K. O’Donnell, Assistant United

States Attorney (AUSA), hereby moves the Court for an Order

directing the defendant not to file any complaints, affidavits or

other, similar documents with any federal, state or local agency

that purports to be a complaint about the behavior of the United

States Attorney, any AUSA, or any employee of the United States

Attorney’s Office for the Western District of New York without

first providing a copy of any complaint or complaints to Pretrial

Services and thereafter receiving the written approval of pretrial

services for the filing of said complaint.

 IN SUPPORT THEREOF, it is respectfully shown unto the Court as

follows:

1. On or about the dates of March 26, 2010, June 25, 2010,

and June 30, 2010, the defendant filed complaints about AUSA

Anthony M. Bruce with the Federal Trade Commission. (See

Exhibit A, attached hereto). The complaints, in essence, accuse

AUSA Bruce with engaging in unfair debt collection practices

against the defendant by obtaining indictment 09-CR-121-S against

the defendant.

2. A reading of each complaint will demonstrate that they

contain, on the one hand, a series of false and malicious

allegations against AUSA Bruce and, on the other hand, are wholly

frivolous. As such, they border on, or are in fact, libelous and

have the potential to cause injury to AUSA Bruce’s reputation.1

3. In order to prevent future, similar filings relating to

AUSA Bruce or any other member of the United States Attorney’s

1
Although the Court does not have jurisdiction over Daniel
Buczek, the defendant’s father, we note that Daniel Buczek filed a
grievance against Mr. Bruce with the Attorney Grievance Committee
for the Fourth Department which the Grievance Committee reviewed
and found to be lacking in merit. We submit that this grievance
was made with the defendant’s knowledge and, in all likelihood, was
a part of the effort to damage AUSA Bruce’s reputation in the same
way as the attached FTC complaints seek to do so.
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Office for this district, it is requested that the Court enter the

proposed Order provided herewith.

DATED: Buffalo, New York, July 19, 2010.

Respectfully submitted,

WILLIAM J. HOCHUL, JR.

United States Attorney

BY: s/MAURA K. O’DONNELL

Assistant U.S. Attorney
Western District of New York
138 Delaware Avenue
Buffalo, New York 14202
716.843.5816
Maura.O’Donnell2@usdoj.gov

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

v. 08-CR-54-S

SHANE C. BUCZEK,

Defendant.

CERTIFICATE OF SERVICE

I hereby certify that on July 19, 2010, I electronically filed

the foregoing MOTION REQUESTING THE COURT TO ADD A CONDITION OF

RELEASE with the Clerk of the District Court using its CM/ECF

system, which would then electronically notify the following CM/ECF

participant on this case:

Brian P. Comerford, Assistant Federal Public Defender

I hereby certify that on July 19, 2010, I mailed the

foregoing, by the U.S. Postal Service, to the following non-CM/ECF

participant:

Shane Buczek
(last known address)

s/KEA D. RUSCH