Exhibit 2 to Government's Sentencing Memorandum — U.S. v. Cisternino

Record facts

U.S. District Court for the Middle District of Florida · No. 6:21-cr-00016-AGM-DCI · Doc. 43-2 · 2023-01-04 · Docket on CourtListener

Full text

REPUBLIC OF CROATIA 
COUNTY COURT IN ZAGREB (ŽUPANIJSKI SUD U ZAGREBU) 
Investigating Judges Department (Odjel sudaca istrage) 
 
Reference number: Kir-672/21 
 
Ministry of Justice of the Republic of Croatia 
(Ministarstvo pravosuđa Republike Hrvatske)  
Directorate for European Union and International Cooperation 
 (Uprava za Europsku uniju i međunarodnu suradnju) 
 
Zagreb 
Ulica grada Vukovara 49 
 
The foreigner Don Victor Cisternino, son of Victor Cisternino, born in 
 
 
 
 
 
 
 
 
 
 
 
 arrested on April 11, 2021, at 11:55 p.m., for 
the criminal offense of computer fraud, aggravated identity theft and unlawful 
monetary transactions was brought on April 12, 2021 to the Investigating Judges 
Department before the judge on duty by the officers of the Zagreb Police 
Administration (PUZ), Border Police Station Bregana (Postaja granične policije 
Bregana). 
 
An international wanted persons notice was issued against the above-
mentioned person on April 6, 2021 at the request of the Interpol Washington, USA, 
Red Notice, control number A-2910/4/2021. 
 
On April 12, 2021, a detention order for the purpose of extradition was 
issued against the foreigner on the basis of Article 47 of the International Legal 
Assistance in Criminal Matters Act, which detention runs from the moment of 
arrest, i.e. from April 11, 2021. 
 
Please ask the requesting state for an extradition request accompanied by 
complete documentation as soon as possible. 
 
In Zagreb, April 12, 2021. 
 
             Investigating judge 
Vera Polak Presečki 
/handwritten signature illegible/ 
/stamp: REPUBLIC OF CROATIA – 1 – COUNTY 
COURT IN ZAGREB/ 
 
 
 
Attachment: Detention order for the purpose of extradition  
Copy of the letter of the INTERPOL NCB Zagreb 
 
REPUBLIC OF CROATIA 
514     MINISTRY OF JUSTICE AND PUBLIC            
           ADMINISTRATION 
             (MINISTARSTVO PRAVOSUĐA I UPRAVE) 
 
Received: 04/14/2021 
Classification code:   
Org. unit 
   /illegible/ 
 
    06 
File number:  
 
Attachments  
Time 
   433-21-01 
Case 6:21-cr-00016-AGM-DCI     Document 43-2     Filed 01/04/23     Page 1 of 3 PageID 234

 
 
 
 
 
/coat of arms of the Republic 
of Croatia/ 
REPUBLIC OF CROATIA 
COUNTY COURT IN ZAGREB 
(ŽUPANIJSKI SUD U ZAGREBU) 
Trg Nikole Šubića Zrinskog 5 
 
Reference number: 26. Kir-672/21 
 
 
REPUBLIC OF CROATIA 
O R D E R 
 
The County Court in Zagreb (Županijski sud u Zagrebu), in the person of the 
investigating judge Vera Polak Presečki, with the participation of Larisa Galić as the 
court reporter, in the criminal case against the foreigner Don Victor Cisternino, for the 
criminal offenses under Article 18 of the Criminal Code of the United States, 
paragraph 1343, paragraph 1028 a and 2 and paragraph 1957 and 2, on April 12, 
2021, 
 
has decided 
 
pursuant to Article 47 of the International Legal Assistance in Criminal 
Matters Act (Official Gazette NN 178/04, hereinafter ILACMA), 
 
DETENTION FOR THE PURPOSE OF EXTRADITION IS ORDERED 
 
against the foreigner Don Victor Cisternino, son of Victor Cisternino, born in 
 
arrested on 04/11/2021 at 11.55 p.m. 
 
Detention according to this order can last until the expiration of the deadline 
for the execution of the order for extradition from Article 59 of the ILACMA, i.e. the 
detention imposed against him starts on April 11, 2021, and shall last throughout the 
entire extradition process, provided that the United States of America submits a letter 
rogatory for extradition within 40 days. 
 
Reasoning 
 
1. The Ministry of the Interior (Ministarstvo unutarnjih poslova), Zagreb Police 
Administration (Policijska uprava zagrebačka), Border Police Station Bregana 
(Postaja granične policije Bregana), on April 11, 2021, arrested a foreigner, Don 
Victor Cisternino, on the basis of an international wanted persons notice issued by 
the Interpol Washington, USA (NCB number 20210204038 dated April 1, 2021) as he 
is wanted by the District Court of the Middle District of Florida for the purpose of 
conducting criminal proceedings for the criminal offenses of computer fraud, 
aggravated identity theft and unlawful monetary transactions. The maximum 
sentence is 32 years imprisonment, and there is no time limit for criminal prosecution. 
 
2. After the arrest, on April 12, 2021 the police officers brought the foreigner 
before the investigating judge, and after he was presented with the reason for which 
he is wanted, he stated that in terms of Article 52 of the ILACMA, he opposes 
extradition. 
Case 6:21-cr-00016-AGM-DCI     Document 43-2     Filed 01/04/23     Page 2 of 3 PageID 235

2 
Kir-672/21 
3. The investigating judge finds that in this particular case, the legal grounds 
for ordering the detention of the foreigner for the purpose of extradition have been 
met, given that an international wanted persons notice has been issued for the above-
mentioned person by the Interpol in Washington, USA, and the identity of the 
foreigner has been confirmed on the basis of the identification data found in the case 
file. The probable cause stems from the documentation provided by the Interpol 
Washington, USA. The foreigner is wanted by the District Court of the Middle District 
of Florida for the criminal offenses under Article 18 of the Criminal Code of the United 
States, paragraph 1343, paragraph 1028a and 2 and paragraph 1957 and 2, 
respectively for the criminal offenses of computer fraud, aggravated identity theft and 
unlawful monetary transactions. Namely, according to the information from the case 
file, the suspect resides in the United States of America and has American and Irish 
citizenship, and has come to Europe in January 2021, believing that due to the 
change in business policy in the United States, his business would encounter 
difficulties, which is why he intended to apply for asylum in South-Eastern Europe and 
thus in the Republic of Croatia. Given the above, the investigating judge considers 
that the foreigner could remain inaccessible to the authorities and that his presence 
cannot be ensured by any milder measure than preventive detention (remand). 
4. Since the detainee, Don Victor Cisternino, did not agree to a simplified 
extradition procedure, detention for the purpose of extradition had to be imposed, 
which in this particular case it may last the longest until the expiration of the deadline 
for the execution of the order for extradition from Article 59 ILACMA, that is, in the 
sense of Article 48 of the ILACMA the United States of America is required to submit 
a letter rogatory for extradition with all relevant information within 40 days in order that 
a decision on extradition can be made. 
 
5. Following the above, it was decided as in the operative part of the order. 
In Zagreb, April 12, 2021. 
 
Investigating judge 
   Vera Polak Presečki 
/handwritten signature illegible/ 
/stamp: REPUBLIC OF CROATIA – 1 – COUNTY 
COURT IN ZAGREB/  
INSTRUCTION ON THE RIGHT TO APPEAL: 
An appeal against this order is allowed within three days after receiving of the order. 
The appeal shall be submitted in 3 (three) identical copies to the non-trial chamber of 
the County Court in Zagreb. 
To be delivered to: 
1. the foreigner Don Victor Cisternino - Zagreb Prison (Zatvor u Zagrebu) 
2. the Zagreb Prison Administation 
3. the defense attorney, after appointment - drop box 
4. the interpreter Igor Komarica - via email (igorkomarica@gmail.com) 
5. the case file 
Case 6:21-cr-00016-AGM-DCI     Document 43-2     Filed 01/04/23     Page 3 of 3 PageID 236

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