EXPLOSIVE: PASSAIC COUNTY SHERIFF OFFICERS (LUCAS AND D'AGOSTINO) COMMIT PERJURY DURING GRAND JURY TESTIMONY AND PASSAIC COUNTY PROSECUTOR WALTER DEWEY, JR. IN NEW JERSEY COMMITS EGREGIOUS PROSECUTORIAL MISCONDUCT TO COVER THEIR ILLEGAL AND UNCONSTITUTIONAL ACTS

EXPLOSIVE: PASSAIC COUNTY SHERIFF OFFICERS (LUCAS AND D'AGOSTINO) COMMIT PERJURY DURING GRAND JURY TESTIMONY AND PASSAIC COUNTY PROSECUTOR WALTER DEWEY, JR. IN NEW JERSEY COMMITS EGREGIOUS PROSECUTORIAL MISCONDUCT TO COVER THEIR ILLEGAL AND UNCONSTITUTIONAL ACTS.

Color of Law Abuses

U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.

Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.

The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.

During 2012, 42 percent of the FBI’s total civil rights caseload involved color of law issues—there were 380 color of law cases opened during the year. Most of the cases involved crimes that fell into into five broad areas:

Excessive force;

Sexual assaults;

False arrest and fabrication of evidence;

Deprivation of property; and

Failure to keep from harm.

Excessive force: In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is “reasonably” necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer…to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully “unreasonable” or “excessive.”

Sexual assaults by officials acting under color of law can happen in jails, during traffic stops, or in other settings where officials might use their position of authority to coerce an individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the person if he or she doesn’t comply.

False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur.

Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.

The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.

Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.

Filing a Complaint

To file a color of law complaint, contact your local FBI office by telephone, in writing, or in person. The following information should be provided:

All identifying information for the victim(s);

As much identifying information as possible for the subject(s), including position, rank, and agency employed;

Date and time of incident;

Location of incident;

Names, addresses, and telephone numbers of any witness(es);

A complete chronology of events; and

Any report numbers and charges with respect to the incident.

You may also contact the United States Attorney’s Office in your district or send a written complaint to:

Assistant Attorney General Civil Rights Division Criminal Section 950 Pennsylvania Avenue, Northwest Washington, DC 20530

FBI investigations vary in length. Once our investigation is complete, we forward the findings to the U.S. Attorney’s Office within the local jurisdiction and to the U.S. Department of Justice in Washington, D.C., which decide whether or not to proceed toward prosecution and handle any prosecutions that follow.

Civil Applications

Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues which may initiate a pattern and practice investigation include:

Lack of supervision/monitoring of officers’ actions;

Lack of justification or reporting by officers on incidents involving the use of force;

Lack of, or improper training of, officers; and

Citizen complaint processes that treat complainants as adversaries.

Under Title 42, U.S.C., Section 1997, the Department of Justice has the ability to initiate civil actions against mental hospitals, retardation facilities, jails, prisons, nursing homes, and juvenile detention facilities when there are allegations of systemic derivations of the constitutional rights of institutionalized persons.

Report Civil Rights Violations

File a Report with Your Local FBI Office

File a Report over Our Internet Tip Line

Visit Our Victim Assistance Site

Resources

Deprivation of Rights Under Color of Law Statute

Principles for Promoting Police Integrity (pdf)

Addressing Police Misconduct

FBI Newark

Claremont Tower

11 Centre Place

Newark, NJ 07102

Phone: (973) 792-3000

Fax: (973) 792-3035

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The corrupt and/or incompetent Chancery Judge McVeigh. She conspired with Robert Del Vecchio, American Tax Funding and other convicted felons to sign off on judgments of possession without having subject matter jurisdiction over land possession issues and without performing any hearings. Land possession judgments are adjudicated by the Law Division and not by the Chancery Court. She caused millions of dollars in damages by illegally evicting people from their homes; she also violated the anti-eviction act and the summary dispossess act of New Jersey.

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Dear Chancery Judge McVeigh and Assignment Judge Jacobson:

I believe that I have given you plenty of time to respond to the VERY SERIOUS CHARGES against you (see attached emails). As of now, you have failed to respond. As you know, when a person has a duty to respond and fails to do so, this silence can be used against that person as evidence of guilt.

All the news reports indicate that because of your recklessness, or incompetency, or even conspiracy, you injured thousands of property owners and that you forced people out of their properties by issuing fraudulent "judgments of possession" without having any subject matter jurisdiction and without performing any hearing or trial and without providing any notice. Even worse, when the shocked property occupant saw the eviction notices and asked for the 6-month stay written in the NJ statutes, you refused to do that and allowed the sheriff to forcefully throw these people onto the street. All that without you having a subject matter jurisdiction and without performing any hearing or fact finding or application of the law to the facts. You are also charged of violating a number of New Jersey Court Rules: see R. 4:6-7, Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 4:6-7 (2015); 1:13-4. Transfer of Actions, Rule 1:7-4(a). DISGRACEFUL, CORRUPT NEW JERSEY JUDICIARY.

THESE ARE SOME PRETTY SERIOUS, HORRIFIC AND TERRIFYING ACCUSATIONS AGAINST YOU.

How do you respond? The public and the victims await to hear from you. Please do not continue to bring disgrace to the honorable New Jersey Judiciary.

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Office of the Passaic County Sheriff

William Maer

Media Information & OPRA Processing Unit

11 Sheriff's Plaza

Paterson, NJ 07502

bmaer@pcsheriff.org

973-389-5900

Dear Sheriff Berdnik/Mr. Maer:

There are some news reports that the Chancery Judge Margaret McVeigh has been issuing judgments of possession without having subject matter jurisdiction and without performing any hearings. The news reports state that the Passaic County Sheriff has been executing orders issued by this judge (Margaret Mary McVeigh), although she had no subject matter jurisdiction over land possession. The land possession is adjudicated in the Law Division, Special Civil Part or regular Law Division.

As you know, at least 20 individuals and entities pleaded guilty to defrauding homeowners using tax foreclosure proceedings. One of the ways to do this was to fool this Judge McVeigh into drafting the "judgments" or "orders". For example, the accusations say that she apparently allowed the issuance of a "Final Judgment" where the following language was inserted by the convicted felon Robert Del Vecchio, American Tax Funding, and others:

“AND IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff dully recover against the said defendant …possession of the premises… and that a Writ of Possession issue thereon”.

This Chancery Court judge had no jurisdiction over the subject matter of land possession. As of today, she has refused to respond as to why did she insert or allowed that language to be inserted into that "final judgment"?

Further accusations are that she never even held any hearing over the land possession issue. Margaret McVeigh just merely allowed that language to be inserted into the text, so that the convicted felon Robert Del Vecchio immediately seizes the property of the land possessor without any due process and in violation of several New Jersey statutes.

From what we understand, you (the Passaic County Sheriff) executed these obviously void and illegal judgments or orders despite the fact they were not issued by the Law Division.

In some cases, you forcibly removed the possessors of the land or tenants and that you did cause damages. You then filed charges against homeowners who would refuse to leave their properties by refusing to obey void judgments or orders from a court that has no subject matter jurisdiction or personal jurisdiction.

How do you respond to such accusations or questions? Didn't you know that only the Law Division has subject matter jurisdiction over property possession? Did you know that land possession judgments/orders issued by a Chancery Court are void and have no legal effect? Did you know that you may be held liable for damages based on the Forceful Entry and Detainer statutes?

I look forward to your reply.

Sincerely,

Emma Rogers

emmarogers456@aol.com

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Dear Judge Margaret McVeigh:

We have uncovered some new HORRIFIC AND TERRIFYING ACCUSATIONS AGAINST YOU. You apparently allowed the issuance of a "Final Judgment" where the following language was inserted by the Plaintiffs (convicted felon Robert Del Vecchio, American Tax Funding, and others):

“AND IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff dully recover against the said defendant …possession of the premises… and that a Writ of Possession issue thereon”.

Of course you had no jurisdiction of the subject matter of land possession. Why did you insert or allowed that language to be inserted into that "final judgment"?

The HORRIFIC AND TERRIFYING ACCUSATIONS AGAINST YOU is that you never even held any hearing over the land possession issue. You just merely allowed that language to be inserted into the text, so that the convicted felon Robert Del Vecchio immediately seizes the property of the land possessor without any due process and in violation of several New Jersey statutes.

They did not follow the Wrongful Entry and Detainer Act and the Anti-Eviction Act, or the Summary Dispossess Act. As a result, they caused millions of dollars in damages by forcibly removing tenants or land possessors without due process.

FYI, subject matter jurisdiction can neither be conferred by agreement of the parties nor waived as a defense, and a court must dismiss the matter if it determines that it lacks subject matter jurisdiction. Macysyn v. Hensler, 329 N.J. Super. 476, 481 (App. Div. 2000) (indicating that such a motion can be made "at any time"); see also R. 4:6-7; Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 4:6-7 (2015).

How do you respond to these new charges against you?

Sincerely,

Mary Brown

Crime Investigator

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ISSUANCE OF JUDGMENTS OF POSSESSION OR WRITS WITHOUT SUBJECT MATTER JURISDICTION

Dear Judge Margaret McVeigh:

There are numerous reports in the media that you have been issuing judgments of possession or facilitating the issuance of same, although you have no subject matter jurisdiction over land possession issues. The Law Division has exclusive jurisdiction over land possession judgments and issuance of writs or warrants - the Chancery Court has no jurisdiction over land possession issues, yet you have been issuing judgments of possession and associated orders. You know of course that such judgments are void ab initio, a legal nullity.

Apparently, you have caused significant financial and other damage to residents of this state as a result of your allegedly reckless or even criminal acts.

There are a lot of people accusing you of corruption and even conspiracy to intentionally damage homeowners and business owners through your reckless acts to ensure tax collection. How do you plea? Many people are calling for your arrest and resignation. See for example this post:

MEET THE CORRUPT AND/OR INCOMPETENT CHANCERY JUDGE MARGARET MCVEIGH. SHE CONSPIRED WITH OR WAS MISLEAD BY ROBERT DEL VECCHIO, AMERICAN TAX FUNDING AND OTHER CONVICTED FELONS TO SIGN OFF ON JUDGMENTS OF POSSESSION WITHOUT HAVING SUBJECT MATTER JURISDICTION OVER LAND POSSESSION ISSUES.

http://metroforensics.blogspot.com/2016/03/the-corrupt-andor-incompetent-chancery.html

Do you have anything to say to these serious charges?

Did you issue or facilitated the issuance of judgments of possession or writs or warrants of possession without having subject matter jurisdiction? A simple YES or NO would suffice. The public and victims need to know.

Thank you in advance for your cooperation with this inquiry. We want to make sure that unfounded allegations are not released into the media.

Sincerely,

Mary Brown

Crime Investigator

NOTE: As of today's date (3-7-2016), this judge has not responded to the accusations above.

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Office of the Passaic County Sheriff

William Maer

Media Information & OPRA Processing Unit

11 Sheriff's Plaza

Paterson, NJ 07502

bmaer@pcsheriff.org

973-389-5900

Dear Sheriff Berdnik/Mr. Maer:

“AND IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff dully recover against the said defendant …possession of the premises… and that a Writ of Possession issue thereon”.

From what we understand, you (the Passaic County Sheriff) executed these obviously void and illegal judgments or orders despite the fact they were not issued by the Law Division.

I look forward to your reply.

Sincerely,

Emma Rogers

emmarogers456@aol.com

The following brief provides all the details of the perjury and prosecutorial misconduct of the Passaic County employees against Dr. Basilis N. Stephanatos. These corrupt individuals not only took his home that he fully owned, but they also filed fraudulent charges to keep him in jail and justify their wrong doing. Many of them in Passaic County (that has a reputation that is one of the most corrupt counties in the state) are corrupt as they know that they will get away with it.

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The model jury instructions include the following “false in one – then false in all” instruction:

If you believe that any witness or party willfully or knowingly testified falsely to any material facts in the case, with intent to deceive you, you may give such weight to his or her testimony as you may deem it is entitled. You may believe some of it, or you may, in your discretion, disregard all of it.

See State v. Ernst, 32 N.J. 567, 583 (1960), State v. D'Illopito, 22 N.J. 318, 324 (1956), State v. Sturchio, 127 N.J.L. 366, 369 (Sup. Ct. 1941), State v. Samuels, 92 N.J.L. 131, 133 (Sup. Ct. 1918).

We believe that this instruction is very pertinent here, as the stories told and written by the State witnesses and the Passaic County prosecutors are simply false, unbelievable and outright falsities that intended to deceive the grand jurors and prejudice the jurors against the defendant.

For the foregoing reasons and authorities cited, the defendant Basilis N. Stephanatos respectfully submits that his motions for dismissal of the indictment with prejudice must be granted. The defendant’s motion for the release of personnel files and all videotaped, audiotaped and written (the Incident Reconstruction Report) evidence should also be granted. Defendant also requests the specific relief delineated in the Omnibus Motions, including the cross examination of Lucas and D’Agostino to further prove to this Court that these two individuals committed perjury and intentionally violated the civil rights of the defendant. Cross-examination of Walter Dewey should also be allowed by this Court, to further substantiate the charges of Prosecutorial Misconduct.

Respectfully submitted,

___________________________________

Miles Feinstein, Esq.

Dated: November 5, 2015

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MILES FEINSTEIN, ESQ.

1135 CLIFTON AVENUE

CLIFTON, NEW JERSEY 07013

Attorney ID #: 233611966

Attorney for Defendant

Basilis N. Stephanatos

STATE OF NEW JERSEY

Plaintiff,

BASILIS N. STEPHANATOS,

Defendant

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION - PASSAIC COUNTY

Indictment No. 11-09-00810-I

Criminal Action

NOTICE OF OMNIBUS MOTIONS

TO: Passaic County Prosecutor’s Office

401 Grand Street

Paterson, New Jersey 07505

Attn: Assistant Prosecutor Peter M. Roby

PLEASE TAKE NOTICE that on December 9, 2015, at 9:00AM or as soon thereafter as counsel can be heard, Miles Feinstein, Esq., attorney for the defendant, Basil N. Stephanatos, shall move before the Honorable Miguel A. de la Carrera, J.S.C., at the Passaic County Court House, Paterson, New Jersey, for the following:

1. An Order dismissing the indictment with prejudice because the State never informed the grand jury that the Passaic County Sheriff failed to obtain a mandatory Warrant of Removal in violation of New Jersey law for entry into dwellings (see N.J.S.A. 2A:39-1 Unlawful entry prohibited); misled and lied to the grand jury thereby prejudicing the grand jury against the defendant regarding the commercial instrument located on the front porch of defendant’s place of business; elicited damaging false testimony from witnesses; did not inform the grand jurors that defendant’s property was impermissibly over-assessed and no taxes were legally due; failed to provide to the grand jury exculpatory evidence (emails and phone records) obtained from defendant’s computer clearly negating necessary elements of the alleged offenses and proving that two important persons involved in the matter, Sheriff’s officers Lucas and D’Agostino had lied; did not provide clearly exculpatory evidence to the grand jurors refuting the allegations of the witnesses and/or negating elements of the alleged offenses; the State did not inform the grand jury that prior Court rulings pertinent to the matter violated N.J. statutes and N.J. Court rules in accordance with Royal Tax Lien Servs., LLC V. Morodan, Docket No. A-6030-12T1 (N.J. Super. App. Div. Jul 03, 2014), I.E.'s, L.L.C. v. Simmons, 392 N.J. Super. 520, 537 (Law Div. 2006), Ronan v. Adely, 182 N.J. 103, 110-11 (2004); Cameco, Inc. v. Gedicke, 157 N.J. 504, 509-10 (1999); Kas Oriental Rugs, Inc. v. Ellman, 407 N.J. Super. 538, 562-63 (App. Div.), certif. denied, 200 N.J. 476 (2009); and that Judge Margaret McVeigh failed to consider the full equity that defendant had in his home in direct violation of New Jersey case law in accordance with Royal Tax Lien Servs., LLC V. Morodan, supra.

2. An Order dismissing the indictment with prejudice because the more than four years case delay to this point deprived the defendant of his constitutionally-guaranteed right to a speedy trial causing severe economic and non-economic hardship. Barker v. Wingo, 407 U.S. 514, 530, 92 S. Ct. 2182, 2192, 33 L. Ed. 101, 117 (1972), State v. Cahill, 213 N.J. 253 (2013).

3. An Order dismissing the indictment with prejudice as the grand jury presentation is fatally flawed as no definitions as to culpability, i.e., “purposely”, “knowingly,” “recklessly” and “negligently” were provided to the grand jurors; and the State did not provide clearly exculpatory evidence to the grand jury regarding the mens rea of the defendant showing that defendant was only lawfully defending his home and his place of business from illegal entry.

4. An Order dismissing the indictment with prejudice as the state refused to allow the defendant to testify at the grand jury proceedings as was requested by Carl Herman, Esq., defendant’s attorney at the time, and as a result, the grand jurors were never instructed that the defendant was entitled to show that he was motivated by an honestly held belief and did not consider affirmative defenses.

5. An Order dismissing the indictment with prejudice as the State never instructed the grand jurors as to the applicable defenses of ignorance or mistake, duress or entrapment.

6. An Order dismissing the indictment with prejudice as the State never instructed the grand jurors as to New Jersey’s self-defense law and particularly defense of one’s dwelling or place of business.

7. An Order dismissing the indictment with prejudice due to the use of false and misleading evidence.

8. An Order requiring the State to produce any and all internal affairs complaints/investigations/personnel files involving any of the law enforcement officers involved in this matter. Particularly, the personnel files of Officers Lucas and D’Agostino; and the medical records of Officer Lucas evidencing no past sport-related or other injuries. At the very least, there should be an in camera review of any such records.

9. An Order requiring a pretrial hearing in this matter pursuant to State v. Driver, 38 N.J. 255 (1962) regarding any video or recording the State intends to offer at the trial of this matter.

10. An Order requiring the State to produce any and all records and/or information which could arguably be helpful or useful to the defense in impeaching or otherwise detracting from the probative force of the State's evidence, or which could arguably lead to such records or information, including, but not limited to any sheriff’s, police or S.W.A.T. vehicles, videos and/or audio tapes, telecommunications between the Sheriff’s officers and other state or county personnel during the day of the incident and afterwards; any other recordings, photographs obtained by the S.W.A.T. team and the Sheriff’s personnel or other law enforcement personnel involved, and any report pertaining to reconstruction of the incident. And, of course, any evidence whatsoever which would tend to exculpate the defendant or affect the credibility of any witness. Brady v. Maryland, 373 U.S. 831 (1963); Giglio v. United States, 405 U.S. 105 (1972); Davis v. Alaska, 415 U.S. 308 (1974); State v. Satkin, 127 N.J. Super. 306 (App. Div. 1974); State v. Carter, 69 N.J. 420 (1976). The disclosure and production of such evidence is to be made without regard to whether the evidence to be disclosed and produced be deemed to be admissible at trial.

11. The defendant moves for sequestration of witnesses during pretrial hearings and trial.

12. The defendant specifically reserves the right to challenge the array in the jury pool;

13. Defendant moves for an Order compelling the State to disclose if the State is going to call any experts at the trial of this matter; and whether any forensic examinations of any computer seized has been done and the results of the same.

14. The return of all items taken from the defendant, his family, his home or business, which will not be offered as evidence at trial and which have not already been returned to defendant.

15. An Order suppressing all evidence seized (and dismissing the indictment) as the product of an unlawful search, contrary to the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Paragraph 7 of the New Jersey Constitution as the State violated the defendant’s expectation of privacy and a violation of the defendant’s First Amendment right to free speech and assembly. Peering into dwelling places, such as here, is violative of the United States and New Jersey Consitutions. The officers also did not have a law-mandated Warrant for Removal (see N.J.S.A. 2A:39-1 Unlawful entry prohibited, et seq). It is defendant’s position that the officers were trespassing on defendant’s property and peering through his residential windows. See 2C:18-3. Unlicensed entry of structures; defiant trespasser; peering into dwelling places.

16. An Order suppressing the legally-owned firearms seized from the defendant’s premises. The defendant did not voluntarily consent to the illegal search. Sheriff’s Officer Lucas was illegally peering through the front door side window of the defendant’s residence. (See 2C:18-3) And he had no “law-mandated” Warrant for Removal (see N.J.S.A. 2A:39-1 Unlawful entry prohibited). The officers were trespassing and there were no exigent circumstances to justify the trespass and the associated search and seizure. U.S. Const. Amend. IV; N.J. Const. (1947), Art. I, Par. 7. An evidentiary hearing should be held as to this motion.

17. An Order suppressing all evidence seized because the Affidavit submitted in support of the issuance of the Search Warrant contained misrepresentations and fabrications; at the very least, an evidentiary hearing must be held. Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978); State v. Novembrino, 105 N.J. 95 (1987); State v. Petillo, 61 N.J. 165 (1972); State v. Nelson, 155 N.J. 487, 498-500 (1998); R. 3:13-3(c)(6). Furthermore, information in the possession or control of the Prosecutor concerning the source of the information in the Affidavit should have been provided in discovery.

18. An Order suppressing all evidence seized based upon irregularities in the execution of the search warrant (including the failure of law enforcement to “knock”); State v. Johnson, 168 N.J. 608 (2001). An evidentiary hearing should be held as to this issue.

19. An Order suppressing any statements given by the defendant; at the very least, a Jackson-Denno-Miranda hearing must be held to determine a statement’s admissibility, see Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964); N.J.R.E. 104(C).

20. Defendant moves for an Order disclosing who has had access to the computers seized at the time of the execution of the Search Warrant in this matter. Any utilization of or intrusions into the computer, with a delineation of the individuals who accomplished the same - with the date, purpose and results should be provided to the defense.

21. An Order dismissing the Indictment with prejudice because the defendant was the victim of a criminal conspiracy by individuals and entities who lied to the courts and court clerks and hired the sheriff’s officers to illegally seize defendant’s home/business in violation of state and federal laws; the conspiracy was uncovered by the Federal Bureau of Investigation (FBI) with assistance from the defendant (See https://www.fbi.gov/newark/press-releases/2014/former-new-york-tax-liens-investment-company-executive-pleads-guilty-to-role-in-bid-rigging-scheme-at-municipal-tax-lien-auctions); its existence against the defendant and thousands of New Jersey homeowners was determined and confirmed by United States District Court Judge Michael A. Shipp in the federal antitrust case IN RE NEW JERSEY TAX SALES CERTIFICATES ANTITRUST LITIGATION, Master Docket No. 3:12-CV-01893-MAS-TJB (see http://www.antitrustupdateblog.com/blog/antitrust-claims-survive-motions-to-dismiss-new-jersey-tax-lien-bid-rigging-class-action/) and by the conviction of at least 15 individuals and entities in New Jersey, including Passaic County, by the U.S. Attorney’s Office (See https://www.fbi.gov/newark/press-releases/2014/former-new-york-tax-liens-investment-company-executive-pleads-guilty-to-role-in-bid-rigging-scheme-at-municipal-tax-lien-auctions). (Point XI). This will be part of the defense if there is going to be a trial of this matter. However, the egregious conduct warrants a pretrial hearing and dismissal.

22. The charges under 2C:12-1B(9) must be dismissed with prejudice as they are not applicable in non-law enforcement activities, as Officers Lucas and D’Agostino were serving court papers, as per their grand jury testimony. The officers were wearing the light blue process server uniforms, as this was a civil matter. They never announced themselves as law enforcement officers and they never knocked (as per their testimony). (Point X).

23. The charges under N.J.S. 2c:17-2c must be dismissed with prejudice as defendant’s home was located in a heavily wooded, remote area of Wayne Township, where less than 2 homes were located and less than 2 people were within 100 feet of defendant’s home. (Point XI).

24. Defendant respectfully reserves the right to make further motions in the event additional discovery is provided, or if the interests of justice so require.

Defendant relies upon the attached brief and oral argument, as well as testimony to be adduced at evidentiary hearings.

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