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Case 1:08-cr-20612-PAS

Document 103

Entered on FLSD Docket 10/25/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-20612-CR-SEITZ/O’SULLIVAN

UNITED STATES OF AMERICA, Plaintiff, v. HASSAN SAIED KESHARI, et al., Defendants. / MOTION OF THE UNITED STATES FOR ENTRY OF PROTECTIVE ORDER AND INCORPORATED MEMORANDUM OF LAW The United States, pursuant to Title 28, United States Code, Sections 2461(c), Title 18, United States Code 981(a)(1)(C) and Title 19, United States Code, Section 1595a(d), hereby moves for the entry of a protective order which attaches the jurisdiction of this Court in this criminal action to certain property named for forfeiture in the Indictment [DE# 25]. The property to which this motion refers (hereinafter referred to specifically or as “the property”) is as follows: a.

all aircraft assemblies and parts seized from the residence of defendant, BUJDUVEANU, on or about June 21, 2008;

b.

approximately $50,000 in cash seized from the residence of defendant, BUJDUVEANU on or about June 21, 2008;1

c.

$535.55 in funds seized from Bank of America account 003763804430 on or about June 20, 2008, which account was controlled by defendant, BUJDUVEANU;

1

The actual amount seized and in custody is $41,211.00.


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Document 103

Entered on FLSD Docket 10/25/2008

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$59,766.10 in funds seized from Wells Fargo account 023-2094904 on or about June 20, 2008, which account was controlled by defendant KESHARI.

The property named for forfeiture in the Indictment [DE# 25] is in the custody of the United States, except as indicated in footnote 1. The property is subject to pending administrative forfeiture notice and claim proceedings. Indeed, after the Indictment was returned, defendant KESHARI, filed a claim requesting that the case regarding the seized assets be sent for Court action. The United States seeks to maintain custody of the property and to have jurisdiction over the forfeiture of the same attach in this criminal action in conformity with the applicable provisions of the Civil Asset Forfeiture Reform Act of 2000, codified at Title 18, United States Code, Section 983(a). Pursuant to Title 18, United States Code 983(c)(3)(B)(ii), the government must take the necessary steps to preserve its right to maintain custody of the property. The “necessary steps to preserve its right to maintain custody of the property as provided in the applicable forfeiture statute� include a criminal seizure warrant or a protective order pursuant to Title 21, United States Code, Section 853(e) and (f). Since the property here is currently in the custody of the United States, the United States seeks a post-indictment protective order pursuant to Title 21, United States Code, Section 853(e) in order to preserve its right to maintain custody of the property pending forfeiture. Said statutory provision provides as follows: (e)

Protective orders (1) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) of this section for forfeiture under this section-

(A) upon the filing of an indictment or information charging a violation of this chapter for which criminal forfeiture may be ordered 2


Case 1:08-cr-20612-PAS

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Entered on FLSD Docket 10/25/2008

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under this section and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section. Accordingly, an Indictment having been filed

in this action, naming the property

specifically described above for forfeiture in the event of a conviction, the United States requests that for good cause shown, a protective order be entered in the form attached which permits it to retain custody of the property pending further order of the Court in this matter. As this is a motion seeking to add property for forfeiture in a criminal case and, since it seeks injunctive relief in the form of a statutory protective order, the Local Rule 88.9 pre-filing conference requirement is not applicable. WHEREFORE, it is prayed, that this motion be granted. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: s/ Alison W. Lehr ALISON W. LEHR Assistant U.S. Attorney Fl. Bar No. 444537 99 N.E. 4th Street Suite 700 Miami, Florida 33132-2111 Tel: (305) 961-9176 Fax: (305) 536-7599 ALISON.LEHR@usdoj.gov

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Case 1:08-cr-20612-PAS

Document 103

Entered on FLSD Docket 10/25/2008

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on October 25, 2008, I electronically filed the foregoing document United States’ Motion for Entry of Protective Order and Incorporated Memorandum of Law with the Clerk of the Court using CM/ECF. s/ Alison W. Lehr ALISON W. LEHR ASSISTANT U.S. ATTORNEY

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