Judgment in a Criminal Case — United States v. Eduard Ghiocel, Southern District of California (Document 83)

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A judgment in a criminal case in United States v. Eduard Ghiocel, Case Number 3:23-CR-00650-LAB, in the U.S. District Court for the Southern District of California, filed November 21, 2023 as Document 83. Ghiocel pleaded guilty to Count 1 of the information, conspiracy to launder monetary instruments under 18:1956(h), with criminal forfeiture. The court imposes 36 months of imprisonment and 3 years of supervised release, a $100.00 assessment and no fine; sentence was imposed November 20, 2023 by United States District Judge Larry Alan Burns. The attached preliminary order of criminal forfeiture, dated 11/20/2023, forfeits a 2019 Lamborghini Urus, a 2020 Ferrari Portofino, a 2021 Lamborghini Urus, a BMW X4, two Krugerrand gold coins and approximately $1,896.37 in Romanian leu and euros.

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Case 3:23-cr-00650-LAB Document 83 Filed 11/21/23 PagelD.442 Page1of8

AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
V. (For Offenses Committed On or After November 1, 1987)
EDUARD GHIOCEL (1)
aka Eduard Alexandru, Filica Case Number: 3:23-CR-00650-LAB

Roseline Dergregorian Feral

Defendant’s Attorney

USM Number 32896-298

[] -
THE DEFENDANT:
pleaded guilty to count(s) 1 of the Information

L] was found guilty on count(s)

after a plea of not guilty.

Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):

Title and Section / Nature of Offense Count
18:1956(h); 21:853(p), 18:982 - Conspiracy To Launder Monetary Instruments; Criminal Forfeiture 1
The defendant is sentenced as provided in pages 2 through 3 of this judgment.

The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

[] The defendant has been found not guilty on count(s)

L] Count(s) is dismissed on the motion of the United States.

Assessment: $100.00

[] JVTA Assessment*: $

*Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
No fine Forfeiture pursuant to order filed 11/21/2023 , included herein.

IT IS ORDERED that the defendant must notify the United States Attorney for this district within 30 days of any
change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this
judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States Attorney of
any material change in the defendant’s economic circumstances.

November 20, 2023

Date of Imposition of Sentence

UNITED STATES DISTRICT JUDGE
Case 3:23-cr-00650-LAB Document 83 Filed 11/21/23 PagelD.443 Page 2 of 8

AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case

DEFENDANT: EDUARD GHIOCEL (1) Judgment - Page 2 of 3
CASE NUMBER: 3:23-CR-00650-LAB

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
36 months

Sentence imposed pursuant to Title 8 USC Section 1326(b).

The court makes the following recommendations to the Bureau of Prisons:
TERMINAL ISLAND OR LOMPOC DESIGNATION

(1 The defendant is remanded to the custody of the United States Marshal.

(1 The defendant must surrender to the United States Marshal for this district:
CL] at A.M. on

CL} as notified by the United States Marshal.

g The defendant must surrender for service of sentence at the institution designated by the Bureau of
Prisons:

LC) on or before
L1 as notified by the United States Marshal.
L] as notified by the Probation or Pretrial Services Office.

RETURN
I have executed this judgment as follows:

Defendant delivered on to

at , with a certified copy of this judgment.

UNITED STATES MARSHAL

By DEPUTY UNITED STATES MARSHAL

3:23-CR-00650-LAB
Case 3:23-cr-00650-LAB Document 83 Filed 11/21/23 PagelD.444 Page 3 of 8

AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case

DEFENDANT: EDUARD GHIOCEL (1) Judgment - Page 3 of 3
CASE NUMBER: 3:23-CR-00650-LAB
SUPERVISED RELEASE
Upon release from imprisonment, the defendant will be on supervised release for a term of:
3 years
MANDATORY CONDITIONS

1. The defendant must not commit another federal, state or local crime.

2. The defendant must not unlawfully possess a controlled substance.

3. The defendant must not illegally possess a controlled substance. The defendant must refrain from any unlawful use of a
controlled substance. The defendant must submit to one drug test within 15 days of release from imprisonment and at least
two periodic drug tests thereafter as determined by the court. Testing requirements will not exceed submission of more
than 4 drug tests per month during the term of supervision, unless otherwise ordered by the court.

LThe above drug testing condition is suspended, based on the court's determination that the defendant poses a low
risk of future substance abuse. (check if applicable)

4. OThe defendant must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing
a sentence of restitution. (check if applicable)

5. KlThe defendant must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

6. OThe defendant must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. §
20901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in
the location where the defendant resides, works, is a student, or was convicted of a qualifying offense. (check if
applicable)

7. OThe defendant must participate in an approved program for domestic violence. (check if applicable)

No standard conditions of supervised release were imposed.

SPECIAL CONDITIONS OF SUPERVISION

e Do not enter the United States illegally.

e The defendant must not commit another federal, state or local crime.

3:23-CR-00650-LAB
NO NO NO NM HN WN KN HN KN HH He HF KH FF FF eS
Oo nN Dn na BPW NY KF COD O DANI HD Nn FP W NY KF CO

se 3:23-cr-00650-LAB Document 82 Filed 11/21/23 PagelD.483 Page 4of8

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Case No. 23-cr-0650-LAB
Plaintiff, PRELIMINARY ORDER OF
v. CRIMINAL FORFEITURE
EDUARD GHIOCEL (1),
aka “Eduard Alexandru,”
aka “Filica’’,
Defendant.

WHEREAS, in the Information, the United States sought forfeiture of all right,
title and interest in multiple properties of Defendant EDUARD GHIOCEL
(“Defendant”), pursuant to Title 18, United States Code, 982(a)(1) as property, real
and personal, which constitute and are derived from proceeds traceable to the
violations of Title 18, United States Code, Sections 1341, 1343, and 1346, as charged
in the Information and as set forth in Count 1 of the Information; and

WHEREAS, on June 20, 2023, Defendant pled guilty before Magistrate Judge
Jill L. Burkhardt to the offense in Count 1 of the Information, which plea included
consent to the forfeiture allegation of the Information, and consent to the forfeiture of
all properties seized in connection with the case as proceeds traceable to the offense
set forth in Count 1 which Defendant agrees are forfeitable to the United States
pursuant to Title 18, United States Code, 982(a)(1):
ASe 3:23-cr-00650-LAB Document 82 Filed 11/21/23 PagelD.486 Page 2 of 8

e 2019 Lamborghini Urus, CA License 4QUE305, VIN

ZPBUA1ZL5KLA01530;

e 2020 Ferrari Portofino, CA License Plate VLI6HPY, VIN

ZFF89FPB000256119;

e 2021 Lamborghini Urus, VIN ZPBUA1ZL7MLA 13293;

e BMW X4, VIN WBAVJ51040LP64279, License Plate, VL 97HPY

e Two (2) gold coin with Krugerrand 2013 inscribed, worth $2,000 USD each,
$4,000.00 in total;

e Approximately $1,896.37 worth of U.S. Currency compromised of the
following mix of Romanian leu and euros:

8,050 leu (worth approximately $1,786.87 USD compromised of:

aa. 34 bank notes of 200 lei denominations;

bb. 10 bank notes of 100 lei denominations;

cc. 5 bank notes of 50 lei denominations;

e 100 euro (worth approximately $109.50 USD) comprised of:

aa. 2 bank notes of 50-euro denominations; and

WHEREAS, on, June 20, 2023, this Court accepted the guilty plea of
Defendant; and

WHEREAS, by virtue of the facts set forth in the plea agreement and forfeiture
addendum, the Court finds that the United States has established the requisite nexus
between the properties and the offense; and,

WHEREAS, by virtue of said guilty plea, the United States is now entitled to
possession of the above-referenced properties, pursuant to Title 18, United States
Code, 982(a)(1) and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and

WHEREAS, pursuant to Rule 32.2(b), the United States having requested the
authority to take custody of the above-referenced properties which are hereby found

forfeitable by the Court; and

-2- 23cr0650
ASe 3:23-cr-00650-LAB Document 82 Filed 11/21/23 PagelD.489 Page 8 of 8

WHEREAS, the United States, having submitted the Order herein to the
Defendant through his attorney of record, to review, and no objections having been
received;

Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

1. Based upon the guilty plea of the Defendant to Count 1 of the
Information, the United States is hereby authorized to take custody and control of the
following properties, and all right, title and interest of Defendant EDUARD
GHIOCEL in the properties are hereby forfeited to the United States pursuant to Title
18, United States Code, 982(a)(1) for disposition in accordance with the law, subject
to the provisions of Title 21, United States Code, Section 853(n):

e 2019 Lamborghini Urus, CA License 4QUE305, VIN

ZPBUA1ZLSKLA01530;

e 2020 Ferrari Portofino, CA License Plate VLI6HPY, VIN

e 2021 Lamborghini Urus, VIN ZPBUA1ZL7MLA 13293;

e BMW X4, VIN WBAVJ51040LP64279, License Plate, VL 97HPY

e Two (2) gold coin with Krugerrand 2013 inscribed, worth $2,000 USD each,
$4,000.00 in total;

e Approximately $1,896.37 worth of U.S. Currency compromised of the
following mix of Romanian leu and euros:

8,050 leu (worth approximately $1,786.87 USD compromised of:

aa. 34 bank notes of 200 lei denominations;

bb. 10 bank notes of 100 lei denominations;

cc. 5 bank notes of 50 lei denominations; and

e 100 euro (worth approximately $109.50 USD) comprised of:
aa. 2 bank notes of 50-euro denominations.
2. The aforementioned forfeited assets are to be held by the Federal Bureau

of Investigation in its secure custody and control.
-3- 23cr0650
ASe 3:23-cr-00650-LAB Document 82 Filed 11/21/23 PagelD.446 Page 4 of 8

3. Pursuant to Rule 32.2(b) and (c), the United States is hereby authorized
to begin proceedings consistent with any statutory requirements pertaining to
ancillary hearings and rights of third parties. The Court shall conduct ancillary
proceedings as the Court deems appropriate only upon the receipt of timely third-
party petitions filed with the Court and served upon the United States. The Court
may determine any petition without the need for further hearings upon the receipt of
the Government’s response to any petition. The Court may enter an amended order
without further notice to the parties.

4. Pursuant to the Attorney General’s authority under Section 853(n)(1) of
Title 21, United States Code, Rule 32.2(b)(6), Fed. R. Crim. P., and Rule G(4) of the
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions,
the United States forthwith shall publish for thirty (30) consecutive days on the

Government’s forfeiture website, www.forfeiture.gov, notice of this Order, notice of

the United States’ intent to dispose of the specific properties in such manner as the
Attorney General may direct, and notice that any person, other than the Defendant,
having or claiming a legal interest in the above-listed forfeited firearm and
ammunition must file a petition with the Court within thirty (30) days of the final
publication of notice or of receipt of actual notice, whichever is earlier.

5. This notice shall state that the petition shall be for a hearing to
adjudicate the validity of the petitioner’s alleged interest in the specific properties,
shall be signed by the petitioner under penalty of perjury, and shall set forth the
nature and extent of the petitioner’s right, title, or interest in the forfeited specific
properties and any additional facts supporting the petitioner’s claim and the relief
sought.

6. The United States shall also, to the extent practicable, provide direct
written notice to any person known to have alleged an interest in the specific
properties that are the subject of the Preliminary Order of Criminal Forfeiture, as a

substitute for published notice as to those persons so notified.
-4- 23cr0650
oN DN ON BPW NK TD UO WON Dn BP WO NY KF OC

ASe 3:23-cr-00650-LAB Document 82 Filed 11/21/23 PagelD.449 Page 8 of 8

7. Upon adjudication of all third-party interests, this Court will enter an
Amended Order of Forfeiture pursuant to Title 21, United States Code, Section
853(n) as to the aforementioned assets, in which all interests will be addressed.

8. Pursuant to Rule 32.2(b)(4), this Order of Forfeiture shall be made final
as to the Defendant at the time of sentencing and is part of the sentence and included

in the judgement.

IT ISSO ORDERED.

DATED: 11/20/2023

Honorable Larry Burns
United States District Judge

-5- 23cr0650


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