Case 1:08-cr-20612-PAS Document 263

Entered on FLSD Docket 05/07/2010 Page 1 of 4

AWL:awl UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-20612-CR-SEITZ/OSULLIVAN UNITED STATES OF AMERICA, vs. TRAIAN BUJDUVEANU, Defendant. / UNITED STATES RESPONSE TO MOTION FOR RETURN OF PROPERTY
The United States of America hereby responds to the defendants Motion For Return of Property filed on April 6, 2010 [DE #259] and states: some of the property at issue is not subject to return while some of the property may be subject to return. In fact, government agents have made efforts to return some of the defendants property but have been unable to reach the person designated by the defendant to receive such property. In support of its response, the United States respectfully shows unto the Court:

1.

On April 6, 2010, the defendant filed a Motion for Return of Property seeking that

the Court order the return of seized properties to various third parties, including Orion Aviation, and require that the United States account for all property seized.1 [DE #259].
2. The Court ordered the United States to respond and granted the United States an

extension, until May 7, 2010, to respond to the defendants Motion. [DE # 262]. 3. The property that is the subject of defendants motion was seized from defendants

As part of the requested relief, the defendant also seeks an Order directing that the Government return all property at [sic] legally forfeited [DE #259, p. 5]. The defendant provides no authority for such, non-cognizable request. The defendant also makes various assertions and characterizations, including allegations regarding the activities undertaken by the United States; the United States does not dignify those with a response.
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home and a storage unit by federal agents, on or about June 21, 2008, while executing a Court authorized search warrant. The property taken as evidence or seized for forfeiture by the federal agents including Bureau of Customs and Border Protection was as follows:

001 002 003 004 005 006 007 008 009 010 011 012 013 014 015 016 017 018 019 020 021 022 023

United States Currency $41,211.00 [Custody Receipt 2950977 after combination of Custody Receipt 2950994 and Custody Receipt 2950995] Computer Parts [Custody Receipt 2950997] Flash Drive [Custody Receipt 2950974] San Disk [Custody Receipt 2950974] CPU HP Pavilion MXK4190 [Custody Receipt 2950910] CPU HP Serial DT160AABA [Custody Receipt 2950911] ADP Serial RK5571AA [Custody Receipt 2950969] ADP Serial MXX649ONYN [Custody Receipt 2950998] ADP Laptop Serial CNF6/67821 [Custody Receipt 2950975] Laptop HP Serial ZCE70809RJ [Custody Receipt 2950988] ADP Laptop Serial CNF012SQN [Custody Receipt 2950972] ADP Laptop Serial CNF7103DF9 [Custody Receipt 2950973] Black Briefcase [Custody Receipt 2950996] MISC Travel Papers [Custody Receipt 2950971] EVD Document (SSN Card) [Custody Receipt 3730812] EVD Documents (Storage Unit) [Custody Receipt 2950999] EVD Misc Documents [Custody Receipt 3730917] Misc Aircraft Parts 4 boxes [Custody Receipt 2953094; Custody Receipt 3730815] Misc Aircraft Parts 31 boxes [Custody Receipt 2953094; Custody Receipt 3730814] Butterfly Valves 64 each [Custody Receipt 2953094; Custody Receipt 3730813] Instrument Amplifier1 seized [Custody Receipt 2953094; Custody Receipt 3730813] Sensor Responder 1 seized [Custody Receipt 2953094;Custody Receipt 3730813] Cellular Phone 3 seized [Custody Receipt 2951000]

See, Exhibit A, Redacted Custody Receipts, attached hereto. 4. Item 001, as described in paragraph 3, above, has already been dealt with, in part.

Attached hereto as Exhibit B, is the Affidavit of Special Agent Dean B. Lang, in which Special Agent Lang advises that $1,211 of the $41,211 has been returned to defendants counsel as directed by the Court. 5. With respect to the remaining $40,000 at issue in Item 001, see Exhibit D, attached

hereto, the Affidavit of Assistant United States Attorney Alison W. Lehr. In her affidavit, AUSA Lehr advises that, while claim was made by a non-party to the remaining $40,000, the claim has not

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been perfected and is subject to default. 6. Items 002, 003, 004, 005, 006, 007, 010, 011, 012, and 013, as described in

paragraph 3, above, are addressed in Exhibit C, attached hereto, the Affidavit of Special Agent John Johnson. In his affidavit, Special Agent Johnson advises that certain items are available for return, certain items have been returned and that certain items cannot be returned, at this time, to the defendants designated representative. 7. Items 010, 011 and 012, as described in paragraph 3, above, are addressed in Exhibit

E, attached hereto, the Affidavit of Special Agent Lauren Nieland. In her affidavit, Special Agent Nieland advises that items 011 and 012 have been returned to the defendants girlfriend, Nicoleta Mircea.2 Special Agent Nieland further advises that she has attempted to contact Nicoleta Mircea with respect to item 010 but has been unsuccessful in reaching her. 8. Items 008, 009, 014 through 17, and 018 through 022, as described in paragraph 3,

above, are addressed by AUSA Lehr in Exhibit D. AUSA Lehr advises that 008, 009 and 014 through 017 are not available for return at this time due to evidentiary and appellate considerations. The items are being maintained as evidence pending conclusion of the investigation and appellate

Defendant refers to Mircea as his wife in his Motion, but the United States only has knowledge that Mircea is the defendants girlfriend.
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process. AUSA Lehr also advises that Items 018 through 022 (the airplane parts) are not subject to return to Orion Aviation as defendants interest in those parts has already been forfeited. Respectfully submitted, WIFREDO A. FERRER 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 33132-2111 TEL (305) 961-9176 FAX (305) 536-7599 alison.lehr@usdoj.gov

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 7, 2010, I electronically filed the foregoing Response to the Defendants Motion for Return of Property with the Clerk of the Court using CM/ECF.

s/Alison W. Lehr ALISON W. LEHR Assistant U.S. Attorney