Case 1:08-cr-20612-PAS

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AWL:awl

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 08-20612-CR-SEITZ/OSULLIVAN

UNITED STATES OF AMERICA, vs. HASSAN SAIED KESHARI, TRAIAN BUJDUVEANU, and KESH AIR INTERNATIONAL CORP., Defendants. /
MOTION FOR PRELIMINARY ORDER OF FORFEITURE The United States of America moves for entry of a Preliminary Order of Forfeiture, pursuant to Title 18, United States Code, Sections 981(a)(1)(C), and Title 19, United States Code, Section 1595a(d), the procedures outlined at Title 21, United States Code, Section 853 and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure, and in support thereof, states: 1. defendants, On July 3, 2008, a federal grand jury returned the Indictment [DE #25] charging HASSAN SAIED KESHARI,

TRAIAN BUJDUVEANU and KESH AIR

INTERNATIONAL CORP. (hereinafter also referred to as defendants), inter alia., with,

conspiracy to violate Iran Embargo, IEEPA and AECA, in violation of Title 50, United States Code, Sections 1702, 1705(a), Title 31 Code of Federal Regulations, Parts 560.203 and 560.204, Title 22, United States Code, Section 2778(b)(2), Title 22, Code of Federal Regulations, Sections 121.1, 123.1 and 127.1, all in violation of Title 18, United States Code, Section 371. 2. The Indictment further sought the forfeiture of the defendants interest in all property,

real or personal, constituting proceeds obtained from the afore stated offenses and all property traceable to such property and all merchandise exported or sent from the United States or attempted

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to be exported or sent from the United States contrary to law, or the proceeds or value thereof, and property used to facilitate the exporting or sending of such merchandise, the attempted exporting or sending of such merchandise, or the receipt, purchase, transportation, concealment or sale of such merchandise. 3. The property sought for forfeiture included, but was not limited to:

a.

all aircraft assemblies and parts seized from the residence of defendant, BUJDUVEANU, on or about June 21, 2008; $41,211.00 in cash seized from the residence of defendant, BUJDUVEANU on or about June 21, 2008;1 $535.55 in funds seized from Bank of America account 003763804430 on or about June 20, 2008, which account was controlled by defendant, BUJDUVEANU; $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.
On or about January 27, 2009, defendants, HASSAN SAIED KESHARI and KESH

b.

c.

d.

4.

AIR INTERNATIONAL CORP. entered guilty pleas pursuant to written Plea Agreements [DE
##148 149], and agreed with the Change of Plea Proffer [DE #150]. 5. On or about April 3, 2009, defendant, TRAIAN BUJDUVEANU, entered a plea of

guilt to Count 1 of the Indictment [DE #182] and agreed agreed with the Change of Plea Proffer [DE
#183]. 6. As part of their plea agreements, defendants agreed to forfeit their right, title and

interest in the property sought for forfeiture. 7. Accordingly, given the defendants admission and agreement regarding the forfeiture

The amount was originally described as [t]he approximately $50,000 in cash seized from the residence of defendant BUJDUVEANU on or about June 21, 2008.
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as part of their guilty pleas, this Court is authorized to find that the defendants interest in the abovereferenced property is forfeit to the United States pursuant to Title 18, United States Code, Section 981(a)(1)(C) and/or pursuant to Title 19, United States Code, Section 1595a(d). 8. to forfeiture: it must promptly enter a preliminary order of forfeiture setting forth the amount of any money judgment or directing the forfeiture of specific property without regard to any third partys interest in all or part of it. Determining whether a third party has such an interest must be deferred until any third party files a claim in an ancillary proceeding under Rule 32.2(c). 9. Fed. R. Crim. P. 32.2(b)(3) provides: The entry of a preliminary order of forfeiture authorizes the Attorney General (or a designee) to seize the specific property subject to forfeiture; to conduct any discovery the court considers proper in identifying, locating or disposing of the property; and to commence proceedings that comply with any statutes governing third-party rights. At sentencing - or at any time before sentencing if the defendant consents - the order of forfeiture becomes final as to the defendant and must be made a part of the sentence and included in the judgment. The court may include in the order of forfeiture conditions reasonably necessary to preserve the propertys value pending any appeal. Fed. R. Crim. P. 32.2 (b)(2) provides that once the court finds that property is subject

10. The proposed Order submitted in this matter provides for the forfeiture of the defendants right, title and interest in the property listed therein; for inclusion of the order of forfeiture as part of the defendants sentences and the judgments in this case; for publication of notice of the forfeiture of the same in these proceedings; permits the institution of ancillary proceedings and the adjudication of third party petition claims if any; and provides for the final forfeiture of the property noted therein if no petitions are filed; all pursuant to the procedures outlined at Title 21, United States Code, Section 853 and Rule 32.2 of the Federal Rules of Criminal Procedure. CONCLUSION Accordingly, based upon the forgoing, and the other matters of record in these proceedings,
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and for good cause shown, the United States requests the entry of the attached proposed preliminary order of forfeiture.

Respectfully submitted, R. ALEXANDER ACOSTA 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 April 11, 2009, I electronically filed the foregoing Motion for Preliminary Order of Forfeiture with the Clerk of the Court using CM/ECF.

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