Case 1:08-cr-20612-PAS Document 288 Entered on FLSD Docket 05/08/2012 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION UNITED STATES OF AMERICA CASE NO: 08-20612-CR v. TRAIAN BUJDUVEANU, Defendant. _______________________________/ MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE, RELIEF TO SEEK MEDICAL TREATMENT OUTSIDE THE UNITED STATES and RELIEF TO LIFT SELF EMPLOYEMNT RESTRICTION COMES NOW, Defendant, Traian Bujduveanu (hereinafter referred to as “TRAIAN”), by and through his undersigned counsel, respectfully requests that this Honorable Court grant a Motion for Early Termination of Supervised Release, Relief to Seek Medical Treatment outside the United States and Relief to Lift Self Employment Restriction. As ground therefore, TRAIAN would state as follows: EARLY TERMINATION OF SUPERVISED RELEASE 1. TRAIAN was arrested and charged with Conspiracy to violate the International Emergency Powers Act 2. On June 2, 2009, this Honorable Court imposed a sentence of thirty six (36) months with the Federal Bureau of Prisoners followed by a period of three (3) years supervised release. TRAIAN was released from Federal Bureau of Prisons on January 3, 2011 and immediately commenced his term of supervised release. 3. TRAIAN is scheduled to terminate his period of supervised release on January 3, 2014. TRAJAN has already completed a term of supervised of fifteen (15) months Page 1 of 6
Case 1:08-cr-20612-PAS Document 288 Entered on FLSD Docket 05/08/2012 Page 2 of 6 without any violations. He has satisfied all of his financial obligations and fines with supervised release. 4. This Honorable Court under its authority can use its discretion under 18 USC 3583(e) and terminate the Defendant’s supervised release once a year of supervised release has been completed. 5. The main concern regarding the Defendant’s supervised release is the necessity for medical treatment. There is an extensive record regarding TRAIAN’s medical history dating back to when he was first taken into custody and was noted in the Probation reports. TRAIAN has been suffering ill effects of Hepatitis C infection, Liver Cirrhosis, Diabetes, Trombosis, Ascites, Chrnoic Fatigue and Heart Problems. If not treated adequately, there is a possibility that TRAIAN may not live much longer. 6. Due to the fact that TRAIAN is also requesting for relief for medical treatment and his treatment will be conducted outside the United States (if this Court grants his relief for Medical Treatment) for the reason that there is newer treatments which have not been approved by United States Food and Drug Administration (FDA), his extended stay outside the United States may cause for a violation of supervised release. 7. For the reasons described above, TRAIAN is seeking relief of this Honorable Court to Early Terminate his Supervised Release. 8. Defense Counsel has spoken with AUSA Karen Gilbert in regards to the relief to seek Early Termination of Supervised Release and the Government DOES have an objection due to the fact that TRAIAN is not currently at the midway point of his supervision.
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Case 1:08-cr-20612-PAS Document 288 Entered on FLSD Docket 05/08/2012 Page 3 of 6 9. Defense Counsel has attempted to contact the Probation Officer Bonita Holmes for their position on the various reliefs requested on this Motion but has been unsuccessful due to the fact that they are out on office between the dates of May 2, 2012 to May 8, 2012. 10. Nonetheless, it is fair to say that the United States Probation Office has stated in a letter dated January 18, 2012, that TRAIAN has placed in “low level supervision based on assessment and evaluation of [his] personality, positive characteristics, and strength [he] possess” Furthermore, the “United States Probation Office believes [he] pose[s] a very low risk of recidivism and danger to the community.” RELIEF TO SEEK MEDICAL TREATMENT OUTSIDE THE UNITED STATES 1. TRAIAN has an extensive medical record suffering from a number of medical issues including but not limited to Hepatatis C, Liver Cirrhosis, and Diabetes. Due to the combination of all his medical issues, TRAIAN has been in and out of medical visits prior to, during and post his release of the Federal Bureau of Prisons. 2. All records are available to the Court if required to be produced including those conducted while TRAIAN was in Bureau of Prisons and those conducted subsequent at Nova Southeastern University medical campus. Included within these reports are indications that TRAIAN has had extensive fatigue in the last five months and a loss of appetite. TRAIAN has suffered from extreme weight loss during this same time period. 3. Subsequent to his visit at Nova Southeastern University, TRAIAN has found a new medical treatment consisting of stem cell. This new medication is being conducted in Kiev, Ukraine. TRAIAN is seeking this Honorable Court’s relief to seek medical treatment outside the United States for this fact. Page 3 of 6
Case 1:08-cr-20612-PAS Document 288 Entered on FLSD Docket 05/08/2012 Page 4 of 6 4. Stem cell treatments are not currently being conducted in the United States. They have not been approved by the FDA and as such, treatment such as the one sought by TRAIAN are not provided in the United States. TRAIAN has been in communications with the EmCell clinic in Kiev, Ukraine and they have been open to conducting medical treatments on TRAIAN. 5. The EmCell clinic is registered with the United States but cannot conduct its medical treatments inside the country due to the regulations with the FDA which have been under review for some time. 6. Denying TRAIAN the opportunity to seek medical treatment of his choice is tantamount to restricting his ability to live. 7. Defense Counsel has spoken with AUSA Karen Gilbert in regards to the relief to seek Medical Treatment outside the United States and the Government DOES NOT have an objection. RELIEF TO LIFT SELF EMPLOYMENT RESTRICTION 1. TRAIAN has sought the relief of this Honorable Court to Lift Self Employment Restrictions. Although this Honorable Court has issued an Order [D.E. 283] which states, in part in its Order, that if the Defendant can provide the necessary information regarding legitimate self-employment to the satisfaction of the Probation Officer, this Honorable Court will consider lifting the Self Employment Restriction, it does not state what type of business TRAIAN can venture into. 2. TRAIAN understands that the Order specifies that it must be a legitimate business but he does not wish to employ lots of time and effort considering his medical condition into a field to be later instructed that he cannot conduct business in that field. In doing so, TRAIAN seeks direction of this Honorable Court for direction into Page 4 of 6
Case 1:08-cr-20612-PAS Document 288 Entered on FLSD Docket 05/08/2012 Page 5 of 6 what type of business he may or may not be able to conduct during his period of Supervised Release (in the event this Honorable Court does not Early Terminate his Supervised Release). The type of business which TRAIAN perceives going into is the Importatio and Exportation of Petroleum and Petroleum Drilling Equipment. 3. Defense Counsel has spoken with AUSA Karen Gilbert in regards to the relief to Lift Self Employment Restrictions and based on our conversation, it is the Governmentâ€™s position that TRAIAN should abide by the conditions by this Honorable Court in its Order. 4. Defense Counsel has attempted to contact the Probation Officer Bonita Holmes for their position on the various reliefs requested on this Motion but has been unsuccessful due to the fact that they are out on office between the dates of May 2, 2012 to May 8, 2012. WHEREFORE, TRAIAN seeks that this Honorable Court grant the Defenseâ€™s Motion for Early Termination of Supervised Release, Relief to Seek Medical Treatment outside the United States and Relief to Lift Self Employment Restriction, if this Honorable Court deems that such is necessary and just.
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Case 1:08-cr-20612-PAS Document 288 Entered on FLSD Docket 05/08/2012 Page 6 of 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically noticed through the CM/ECF system to AUSA Karen Gilbert at the US Attorneyâ€™s Office on this 3rd day of May, 2012.
Respectfully submitted, /s/ Nayib Hassan _____________________________ Nayib Hassan, Esq., Fla Bar No. 20949 Attorney for Defendant LAW OFFICES OF NAYIB HASSAN, P.A. 6175 NW 153 St., Suite 221 Miami Lakes, Florida 33014 Tel. No.: 305.403.7323 Fax No.: 305.403.1522
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