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/O’SULLIVAN
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 defendant’s 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 defendant’s 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 defendant’s Motion. [DE # 262].
3. The property that is the subject of defendant’s motion was seized from defendant’s
1
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.
Case 1:08-cr-20612-PAS Document 263 Entered on FLSD Docket 05/07/2010 Page 2 of 4
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 United States Currency $41,211.00 [Custody Receipt 2950977 after
combination of Custody Receipt 2950994 and Custody Receipt 2950995]
002 Computer Parts [Custody Receipt 2950997]
003 Flash Drive [Custody Receipt 2950974]
004 San Disk [Custody Receipt 2950974]
005 CPU HP Pavilion MXK4190 [Custody Receipt 2950910]
006 CPU HP Serial DT160AABA [Custody Receipt 2950911]
007 ADP Serial RK5571AA [Custody Receipt 2950969]
008 ADP Serial MXX649ONYN [Custody Receipt 2950998]
009 ADP Laptop Serial CNF6/67821 [Custody Receipt 2950975]
010 Laptop HP Serial ZCE70809RJ [Custody Receipt 2950988]
011 ADP Laptop Serial CNF012SQN [Custody Receipt 2950972]
012 ADP Laptop Serial CNF7103DF9 [Custody Receipt 2950973]
013 Black Briefcase [Custody Receipt 2950996]
014 MISC Travel Papers [Custody Receipt 2950971]
015 EVD Document (SSN Card) [Custody Receipt 3730812]
016 EVD Documents (Storage Unit) [Custody Receipt 2950999]
017 EVD Misc Documents [Custody Receipt 3730917]
018 Misc Aircraft Parts 4 boxes [Custody Receipt 2953094; Custody Receipt
3730815]
019 Misc Aircraft Parts 31 boxes [Custody Receipt 2953094; Custody Receipt
3730814]
020 Butterfly Valves 64 each [Custody Receipt 2953094; Custody Receipt
3730813]
021 Instrument Amplifier1 seized [Custody Receipt 2953094; Custody Receipt
3730813]
022 Sensor Responder 1 seized [Custody Receipt 2953094;Custody Receipt
3730813]
023 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 defendant’s 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
Case 1:08-cr-20612-PAS Document 263 Entered on FLSD Docket 05/07/2010 Page 3 of 4
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
defendant’s 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 defendant’s 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
2
knowledge that Mircea is the defendant’s girlfriend.
Case 1:08-cr-20612-PAS Document 263 Entered on FLSD Docket 05/07/2010 Page 4 of 4
process. AUSA Lehr also advises that Items 018 through 022 (the airplane parts) are not subject to
return to Orion Aviation as defendant’s 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 Defendant’s 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