Case 1:08-cr-20612-PAS Document 290 Entered on FLSD Docket 05/29/2012 Page 1 of 3
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-20612-CR-SEITZ UNITED STATES OF AMERICA vs. TRAIAN BUJDUVEANU, Defendant. ________________________________/
GOVERNMENT’S RESPONSE TO DEFENDANT’S MOTIONS COMES NOW the United States of America, by and through the undersigned Assistant United States Attorney, and responds to Defendant’s Motion for Early Termination of Supervised Release, Relief for Medical Treatment, and Relief to Lift Self Employment Restriction (DE 288). The United States objects to the Early Termination of Supervised Release and Lifting of the SelfEmployment restriction, however, does not object to the defendant receiving appropriate medical treatment. Early Termination of Supervised Release Defendant is seeking to have his supervised release terminated on the basis of the need for the medical treatment. However, supervised release can be continued even with the necessary travel for medical treatment. The defendant has completed less than half of his three years. Moreover, prior to supervised release, when defendant was placed in a half-way house near the end of his imprisonment, he was unable to comply with the restrictions and was returned to FDC (violations fully described in DE 26 and 103 of S. Dist. Fla., case number 11-20120-Civ-SEITZ). Thus, this defendant should not receive the benefit of early termination.
Case 1:08-cr-20612-PAS Document 290 Entered on FLSD Docket 05/29/2012 Page 2 of 3
Relief to Seek Medical Treatment Outside the United States The Government has no objection to medical treatment as long as defendant can provide sufficient information to his Probation Officer about where and when he is traveling to receive the treatment. Relief to Lift Self-Employment Restriction This court has previously dealt with the issue of defendantâ€™s self-employment. In an Order dated August 22, 2011 (DE 283), this court explained how the defendant should properly resolve the issue of any potential employment by discussing it with his Probation Officer. This procedure should remain in place. According to Florida Corporate records, defendant has already incorporated a new business, PELAGUS INTERNATIONAL TRADING, LLC (8/1/2011). The intended business field of petroleum import and export does present a potential problem in that the conduct underlying his conviction involved Iran, who like many countries are involved in the petroleum business. Embargoed countries, such as Iran, have an active petroleum and drilling business and actively seeks to obtain replacement and new related equipment. As shown in the underlying criminal conduct, the defendant has business contacts in Iran. Thus, this field lends itself to a high chance future violations.
Case 1:08-cr-20612-PAS Document 290 Entered on FLSD Docket 05/29/2012 Page 3 of 3
Conclusion Accordingly, the motions for early termination and lifting of the self-employment restriction should be denied. The motion for medical treatment should be granted as long as defendant provides to his Probation Officer appropriate documentation about the treatment and his travel to receive the treatment.
Respectfully submitted, WIFREDO A. FERRER UNITED STATES ATTORNEY By:
s/ Karen E. Gilbert KAREN E. GILBERT ASSISTANT U.S. ATTORNEY FL BAR # 771007 99 N.E. 4th Street Miami, Florida 33132 (305) 961-9161 Fax: (305) 536-4675 Karen.firstname.lastname@example.org
CERTIFICATE OF SERVICE I hereby certify that on May 29, 2012, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. s/ Karen E. Gilbert Karen E. Gilbert Assistant United States Attorney