Defendant's Sentencing Memorandum — U.S. v. Eduard Ghiocel, No. 3:23-cr-00650 (S.D. Cal.)

Summary

A Defendant's Sentencing Memorandum filed 11/14/23 as Document 79 in United States of America v. Eduard Ghiocel (1), Case No. 23-CR-650-1-LAB, in the Southern District of California, dated for a November 20, 2023 sentencing. It states that Mr. Ghiocel pled guilty on June 20, 2023 to a one count Information charging 18 U.S.C. §1956 (h) [Conspiracy to Launder Monetary Instruments]. The memorandum asks the Court to impose a sentence of 12 months 1 day and to grant additional presentence incarceration credits for a total of 301 days. Its offense-conduct section has headings for Wire Transfers, Employment Development Department (EDD), Grand Thefts Person and Gold Exchange. It is signed s/ Roseline D. Feral, attorney for the defendant, and dated November 13, 2023.

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“Defendant's Sentencing Memorandum — U.S. v. Eduard Ghiocel, No. 3:23-cr-00650 (S.D. Cal.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-23-cr-00650-dkt-79-s-d-cal-6dcc37f85b/, SHA-256 02642526187062865821b284d546bd1ae39f7d90fd483d47ac91d928ef37a034.

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Case 3:23-cr-00650-LAB Document 79 Filed 11/14/23 PageID.411 Page 1 of 8

1
ROSELINE D. FERAL
Attorney at Law
2 CA State Bar No.: 128788
3 5025 February Street
San Diego, CA 92110
4 Telephone: (619) 301-1191
5 roselineferal@gmail.com

6 Attorney for Defendant
7 EDUARD GHIOCEL

8
9 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
10 (HONORABLE LARRY ALAN BURNS)
11
UNITED STATES OF AMERICA, ) Case No.: 23-CR-650-1-LAB
12 )
Plaintiff,
13 ) DEFENDANT’S SENTENCING
v. ) MEMORANDUM
14 )
15 EDUARD GHIOCEL (1), ) DATE: November 20, 2023
) TIME: 1:30 p.m.
16 )
Defendant.
17 )
18

19 TO: TARA MCGRATH, UNITED STATES ATTORNEY;
JESSICA SCHULBERG, ASSISTANT UNITED STATES ATTORNEY; AND
20 RYAN ALEJANDRIA, UNITED STATES PROBATION OFFICER:
21 Defendant EDUARD GHIOCEL (hereinafter “Mr. E. Ghiocel”), by and through
22 his counsel, Roseline D. Feral, and pursuant to Local Criminal rule no. 32.1(a)(7), hereby
23 submits Defendant’s Sentencing Memorandum.
24 ///
25 ///
26

27 DEFENDANT’S SENTENCING MEMORANDUM 1

23CR650-1-LAB
Case 3:23-cr-00650-LAB Document 79 Filed 11/14/23 PageID.412 Page 2 of 8

1 I.
2 INTRODUCTION AND BACKGROUND
3 On April 11, 2023, the United States filed a one count Information against the
4 Ghiocels charging them with 18 U.S.C. §1956 (h) [Conspiracy to Launder Monetary
5 Instruments] and criminal forfeiture. Previously on February 10, 2023, the complaint
6 charged Gabriel Ghiocel, Marius Ghiocel, Larisa Ghiocel, and Argentina Alexandru with
7 violation of the same offenses. The instant case incorporates all of the incidents that
8 occurred in different parts of the State of California. Some of the incidents have
9 corresponding state court charges which are anticipated to be dismissed once the instant
10 case is resolved.
11 On June 20, 2023 Mr. Ghiocel pled guilty to the one count Information.
12 II.
13 CURRENT CUSTODY STATUS
14 Mr. E. Ghiocel was taken into state custody on January 4, 2023, upon his
15 attempted re-entry into the United States. The arrest warrant was initiated by the
16 incidents contained in state court arrest warrant in case number CD297474 emanating
17 from an incident that occurred on August 4, 2021 in San Diego, California, and are
18 alleged as one of the predicate acts in the instant conspiracy. The Presentence
19 Investigation Report references the incident and arrest of E. Ghiocel on January 4, 2023,
20 at (Page 7: Paragraph 28) and (Pages 18-19: Paragraph 96) stating:” it appears this
21 conduct (referring to the charges in CD297474) is related to the instant offense”.
22 The attached San Diego Sheriff’s Department’s case summary for case number
23 CD297474 indicates an arrest date of January 4, 2023 for an offense committed on
24 August 4, 2021 (See Exhibit 1: Case Information Display on Case Number CD297474).
25 The bench warrant in case CD297474 was issued on March 16, 2023 when Mr. E.
26 Ghiocel was already in federal custody on the instant case. As such, Mr. E. Ghiocel
27 DEFENDANT’S SENTENCING MEMORANDUM 2

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1 requests that he be granted additional credits for the period between January 4, 2023 to
2 March 14, 2023, for a total presentence incarceration credits of 301 days.
3 III.
4 SENTENCING RECOMMENDATION
5 The plea agreement in this case contains the following application of the
6 Guidelines:
7 Base Offense Level [USSG § 2S1.1(a)(2)/2B1.1] 22
8 Business of Laundering [USSG § 2S1.1(b)(2)(C)] +4
9 Acceptance of Responsibility [USSG § 3E1.1] -3
10 Appellate waiver [USSG § 5K2.0] -4
11 Mr. E. Ghiocel requests additional variances and requests the Court to impose a
12 twelve- months and 1 day sentence
13
IV.
SENTENCING MEMORANDUM
14 [ANALYSIS OF §18 U.S.C. 3553(a) FACTORS]
15
A. SOCIAL AND PERSONAL HISTORY
16
1. Social History of the ROMA People
17
The “ROMA” are an ethnic group of people who used to be called the “Gypsies”.
18
Their origins can be traced to the Indian Kings in the eleventh century A.D. who banned
19
them from their native birthplace and thus condemned the ROMA to centuries of
20
roaming without a country and subject to intense persecution by different governments
21
at different times. When the ROMA arrived in Eastern Europe in the eleventh century
22
A.D., their complexion was darker than the Europeans and they were called “Gypsies”
23
because they were thought to have come from Egypt.
24
The story of the ROMA is replete with intense persecution at the hands of the
25
various governments where the ROMA settled. Never did any government give these
26

27 DEFENDANT’S SENTENCING MEMORANDUM 3

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1
people legitimacy by either accepting their presence or by granting them any public

2 status or government services such as education and so forth. The ROMA, like many

3 other displaced people, were enslaved throughout the ages, and sent to the concentration

4 camps during World War II. The ROMA were victimized themselves as no government

5 would accept them as theirs. Romania, where the Ghiocel family is from, did not abolish

6 slavery until the late nineteenth century. The ROMA in Romania are very cellular in

7 that they the people from the same family stay together and have very tight knot family

8 relations. The ROMA are deeply spiritual people. Their music which resonates for most

9 people throughout the world, tells the suffering of a people doomed to roam around

10 from country to country with no real sense of belonging.

11 Some European governments, having recognized the effects of centuries of non-

12 acceptance, have started conferring to the ROMA legal status in hopes of equalizing the

13 centuries of disadvantage. The ROMA today are considered a “protected class” by both

14 the United States Immigration Service and the International Community (See Exhibit 2:

15 “Human Rights on the Margins:Roma in Europe”). The fact that the ROMA have

16 survived as a “people” to the present, some consider it a sociological phenomenon
17 because of the long- term extreme suffering they have endured and yet survived despite
18 their suffering.
19 2. Eduard Ghiocel and His Family
20 The Ghiocel family comes from the are of Volcea in Romania. The family tried to
21 seek asylum in Canada and in the United States during the pandemic years. The
22 Ghiocel’s asylum application in Canada was annulled when they left the country in
23 violation of the asylum rules. Mr. and Mrs. E. Ghiocel, given their lack of education,
24 were not aware of the requirements of the asylum system.
25 The prosecution has painted the Ghiocel family as if they are an “organized
26 crime” family, organizing others. In fact, there is nothing organized or centralized about
27 DEFENDANT’S SENTENCING MEMORANDUM 4

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1
any of the Ghiocel family activities. They are not related to the other ROMA cases,

2 including that of Constantin Sandu, who comes from an entirely different part of

3 Romania. The families from different villages, contrary to the government’s assertion,

4 do not mix together let alone organize their criminal activity together. They are

5 independent groups who have no relation to one another other than being “ROMA”.

6 Mr. E. Ghiocel is relatively a young man. At 48, he appears much older than his

7 chronological age. He suffers from heart issues and high blood pressure. While

8 incarcerated at GEO Detention Facility, he has been hospitalized for heart condition

9 related conditions several times. The poor physical health is indicative of the harsh

10 realities of Mr. E. Ghiocel’s life growing up, lack of resources for medical prevention

11 and care, and then just trying to survive the harshness of his existence.

12 Mr. E. Ghiocel hopes to be able to return to his country upon completion of his

13 sentence on the instant matter. Mr. E. Ghiocel is remorseful and realizes how he has

14 broken the trust of a country which has welcomed him and his family. While in custody,

15 he has worked as a trustee and has received good evaluation (See Exhibit 3: Western

16 Detention Facility Work Performance Evaluation).
17 B. OFFENSE CONDUCT
18 Mr. E. Ghiocel adopts the factual basis portion of his plea agreement, the
19 Presentence Investigation Report (hereinafter “PSR”), and proffers the following
20 additional facts:
21 Wire Transfers: $24,035.00- (16 transfers in 2020, one in 2021)
22 The Ghiocels sent $24,035.00 between February 2020 through October 2020, with
23 one wire transfer in March 2021. The transfers occurred in increments of no larger than
24 2,000; some of the transfers were as little as $500. These sums were used by the rest of the
25 family to support and provide for the hospitalization of the family’s matriarch who was
26 hospitalized in Romania due to her heart condition.
27 DEFENDANT’S SENTENCING MEMORANDUM 5

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1
GABRIEL Ghiocel is the youngest son of the family. But he professes to be the “one

2 who everyone listens to because he is the only one who is educated” (See Declaration of

3 Roseline D. Feral). During the pandemic, the ROMA were brought to the United States by

4 different immigration groups who helped the different families with their visa applications

5 and their residency requirements. Thus, different groups of ROMA families were resettled

6 to the Fullerton area of Los Angeles, where others playing at a higher level of criminal

7 conduct, recruited them in different ways.

8 Employment Development Department (EDD): $32,250.00

9 GABRIEL Ghiocel was recruited by another ROMA person while barbequing at a

10 park with his family. The person recruiting the Ghiocels, offered GABRIEL his services

11 for obtaining COVID relief funds from the EDD. Later, two individuals came to the

12 residence where Mr. And Mrs. Ghiocel were staying. The two individuals copied the

13 information from their passports and collected $16,00.00 processing fee, $400 per person.

14 GABRIEL ended with $28,350.00. Eduard GHIOCEL received $2,400 for the period of

15 November 2020 through June 1, 2021. The document processing was completed by others

16 as Mr. E. Ghiocel neither speaks not writes in English. Mr. E. Ghiocel does not contest the
17 amounts, but rather, wishes to show the Court the extent of his involvement in the different
18 aspects of the case.
19 Defense investigation has revealed that the EDD scheme was masterminded by an
20 employee of the EDD who had a friend with a ROMA girlfriend who later recruited every
21 one else. The parks were a fruitful recruiting grounds because during the pandemic, the
22 Roma families would go to the parks with their families to take advantage of fresh air. It is
23 unknown whether the government has been able to identify the mastermind or even arrested
24 her.
25 ///
26 ///
27 DEFENDANT’S SENTENCING MEMORANDUM 6

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1
Grand Thefts Person: $143,600

2 Of the seventeen different counts of the thefts, Mr. E. Ghiocel was involved as a

3 driver in only 3 of the counts. Mr. E. Ghiocel accepts the fact that he is responsible for the

4 entire amount of the thefts committed by other members of his family.

5 Gold Exchange: $732,338 bought at Irvine Gold Mine

6 According to GABRIEL, he was buying the gold from Irvine Gold Mine and selling

7 it to a David in the Los Angeles Jewelry Mart. GABRIEL would make a commission of no

8 more than a thousand dollars. Had his cellular phone been allowed to be produced, it would

9 have contained his text messages with David and David’s estimate of the commissions

10 GABRIEL would receive. GABRIEL abandoned the short-sell scheme because the price

11 of gold increased to such a level that it was no longer possible to make any profit from its

12 short-sale. GABRIEL took E. Ghiocel to show him the first time and Mr. E. Ghiocel used

13 the funds from the thefts. After that first time, Mr. E. Ghiocel no longer participated

14 because it was too complicated an endeavor for him to understand.

15 C. THE NEED FOR THE SENTENCE IMPOSED—

16 (A) To Reflect the Seriousness of The Offense, To Promote Respect for the
Law, And to Provide Just Punishment for The Offense,
17 (B) To Afford Adequate Deterrence to Criminal Conduct;
18 (C)To Protect the Public from Further Crimes of The Defendant; And
(D)To Provide the Defendant with Needed Educational or Vocational
19 Training, Medical Care, Or Other Correctional Treatment in The Most Effective
20 Manner [18 USC 3553 (A)(2)]
A twelve- months- and- one- day sentence is long enough for a 48 -year- old man
21
who will be deported upon completion of his sentence. The gravity of the charges, the
22
media attention given to this case highlighting the ROMA people and holding them all
23
responsible for the crimes of the others has been extremely harsh for Mr. E. Ghiocel. He
24
has never served any sentence, let alone one this long, in his life (See Exhibit 4: Police
25
Clearance from Volcea County, Romania).
26

27 DEFENDANT’S SENTENCING MEMORANDUM 7

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1
A one- year long sentence is lengthy enough to not only punish Mr. E. Ghiocel but

2 also to make an example of him for others who may be deterred by the seriousness of the

3 U.S. law enforcement response to their unlawful activities.

4 The public’s protection has been secured by the continuous incarceration of the

5 Ghiocels. The public will be further protected by the certain deportation upon conclusion

6 of the case.

7 Mr. E. Ghiocel’s health is poor. He prays that he can see his family in Romania

8 upon completion of his sentence. His heart condition, which appears to be hereditary

9 given that other members of his family also suffer from the same ailment, is another

10 factor the Court can consider in fashioning an appropriate sentence

11 V.
CONCLUSION
12 Mr. Eduard Ghiocel urges the Court to impose a just sentence that will not only
13 punish and deter him from future criminal activity but will be uniform in its severity as to
14 all the defendants similarly situated. A twelve- months and a day (12 months 1 day) would
15 be appropriate given Mr. Eduard Ghiocel’s background, his poor health, protected status
16 of his people based on centuries long persecution, the collateral consequence of deportation
17 and life-long exclusion from the country, his family ties, his lack of education and
18 sophistication.
19 DATE: November 13, 2023 Respectfully submitted,
20 s/ Roseline D. Feral
ROSELINE D. FERAL
21 Attorney for Defendant
22 EDUARD GHIOCEL (1)
23

27 DEFENDANT’S SENTENCING MEMORANDUM 8

23CR650-1-LAB

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