Home Buffalo Press Releases 2010 Shane C. Buczek of Derby Convicted of Bank Fraud and of Committing a Felony While Free on Bond
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Shane C. Buczek of Derby Convicted of Bank Fraud and of Committing a Felony While Free on Bond

U.S. Attorney’s Office March 08, 2010
  • Western District of New York (716) 843-5700

United States Attorney Kathleen M. Mehltretter announced that on Friday, March 5, following a four-day trial and about 90 minutes of deliberations, a federal court jury found Shane C. Buczek, 40, of Derby, guilty of bank fraud and that earlier today, after deliberating for only an additional 30 minutes, that same jury found Buczek guilty of committing the bank fraud violation while he was free on bail in an unrelated case in which he is accused of passport fraud.

The maximum penalty under the bank fraud statute is 30 years' imprisonment and the maximum penalty for committing the offense while on release is 10 years' imprisonment. Buczek will be sentenced after the court considers the Federal Sentencing Guidelines.

According to Assistant United States Attorney Mary C. Baumgarten, the lead prosecutor in the case, the proof at trial demonstrated that Buczek used a fictitious account at Depository Trust and Clearing Corporation of New York City to "pay off" balances he incurred on an HSBC credit card in buying electronic equipment and expensive home appliances from Best Buy in Hamburg. Use of the non-existent account made it look like Buczek had a zero balance just long enough for Buczek to make additional purchases before his payment "bounced." In all, Buczek, who had only a $3,300 line of credit, made about $8,900 in purchases in this manner, never intending to pay for them. Ms. Baumgarten stated further that once HSBC discovered Buczek’s scheme, Buczek sent HSBC a fictitious "bonded promissory note" reflecting that Buczek had $100 million in yet another fictitious account supposedly maintained for him by the U.S. Treasury. The merchandise Buczek obtained from Best Buy was seized from his home by federal agents during a search conducted pursuant to a warrant issued by Magistrate Judge Jeremiah J. McCarthy.

Buczek, who was assisted by Assistant Public Defender Brian Comerford, called three witnesses, all of whom testified that they were familiar with the defendant’s beliefs that because the United States had gone off the gold standard in 1933, money currently in circulation (Federal Reserve notes) is worthless.

A sentencing date has not been set. Buczek still faces an April 6 trial on allegations that he committed fraud in attempting to obtain a replacement passport and a June 28 trial on allegations that he committed criminal contempt by disobeying an order issued by Magistrate Judge H. Kenneth Schroeder, Jr. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The case against Buczek was investigated by Special Agents of the Federal Bureau of Investigation under the direction of Special Agent in Charge James Robertson.

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