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Case 1:08-cr-20612-PAS

Document 234

Entered on FLSD Docket 06/25/2009

Page 1 of 3

AWL:awl

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-20612-CR-SEITZ

UNITED STATES OF AMERICA, v. TRAIAN BUJDUVEANU, Defendant. _________________________________/ ALEXANDER T. BUJDUVEANU, Claimant. __________________________________/ MOTION FOR ORDER DECLARING RIGHT, TITLE AND INTEREST OF CLAIMANT, ALEXANDER T. BUJDUVEANU, IN CERTAIN PROPERTY SUPERIOR TO THE UNITED STATES AND DIRECTING RELEASE OF SAID PROPERTY TO THE CLAIMANT The United States moves that this Court enter an order declaring the interest of Claimant, Alexander T. Bujduveanu, in $1,211.00 in funds, seized from the Bujduveanu residence on or about June 21, 2008, superior to that of the United States and directing the release of said property to the Claimant, through his counsel. In support thereof, the United States shows unto the Court: 1) The Court entered a Preliminary Order of Forfeiture, stripping defendant of his right, title and interest in certain property, including $41,211.00 in cash seized from the residence of defendant BUJDUVEANU, on or about June 21, 2008 [DE #187]. 2) The Claimant filed a claim for $1,211.00 of the funds, seized from the Bujduveanu residence on or about June 21, 2008, with United States Customs and Border Protection -1-

Case 1:08-cr-20612-PAS

Document 234

Entered on FLSD Docket 06/25/2009

Page 2 of 3

which claim was directed to the Office of the United States Attorney for disposition. 3) The Claimant has a legal interest in the claimed funds, which interest is superior to that of the United States. 4) The Claimant and the United States have entered into a Settlement, Indemnification and Hold Harmless Agreement regarding the claimed funds. 5) Claimants counsel is Michael B. Cohen, Esq., whose address is 6400 North Andrews Avenue, Suite 460, Fort Lauderdale, Florida 33309. 6) Defendant, TRAIAN BUJDUVEANU, has now been sentenced and the time is ripe for addressing third party claims to forfeited property. WHEREFORE, it is prayed that the Court enter an order declaring the interest of the Claimant, Alexander T. Bujduveanu, in $1,211.00 of the seized currency, superior to the right, title and interest of the United States, and directing the release of said currency to Claimant, through his counsel. Respectfully submitted, JEFFREY H. SLOMAN ACTING UNITED STATES ATTORNEY By: s/Alison W. Lehr ALISON W. LEHR ASSISTANT UNITED STATES ATTORNEY Fla. Bar No. 444537 99 N.E. 4th Street - 7th Floor Miami, Florida 33132 Telephone: (305) 961-9176 Fax: (305) 536-7599 Alison.Lehr@usdoj.gov

CERTIFICATE OF SERVICE -2-

Case 1:08-cr-20612-PAS

Document 234

Entered on FLSD Docket 06/25/2009

Page 3 of 3

I HEREBY CERTIFY that on June 25, 2009, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. s/ Alison W. Lehr ALISON W. LEHR Assistant United States Attorney

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