Judgment — United States v. Constantin Bobi Sandu, Southern District of California (Document 53)

Summary

A judgment in a criminal case (AO 245B) for Constantin Bobi Sandu in United States v. Sandu, Case Number 3:23-CR-00386-LAB, in the U.S. District Court for the Southern District of California, imposed November 20, 2023 and filed as Document 53. Sandu pleaded guilty to counts 2 and 3 of the Superseding Information, conspiracy to commit wire fraud under 18:1349 and laundering of monetary instruments under 18:1956(a)(2)(A), and the remaining counts are dismissed. The judgment names United States District Judge Larry Alan Burns and imposes 40 months on each count, concurrent, and 3 years of supervised release, with a $200.00 assessment and no fine. It incorporates the preliminary order of criminal forfeiture dated 11/17/2023, which enters a forfeiture money judgment of $214,950 representing the proceeds Sandu personally received.

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Case 3:23-cr-00386-LAB Document53_ Filed 11/21/23. PagelD.278 Page

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

1of 7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE

Vv (For Offenses Committed On or After November 1, 1987)

CONSTANTIN BOBI SANDU (1)
aka Constantin Sandu, Bobi Sandu, Ionut Mihai Case Number: 3:23-CR-00386-LAB

Joseph Thomas Hitrec

Defendant’s Attorney

USM Number 08540-506

O -
THE DEFENDANT:
pleaded guilty to count(s) 2 and 3 of the Superseding 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
18:1349 - Conspiracy To Commit Wire Fraud; 18:981(a)(1)(C), 982(a)(1); 28:2461(c)- Criminal Forfeiture 2s
18:1956(a)(2)(A)- Laundering Monetary Instruments; 18:981(a)(1)(C), 982(a)(1); 28:2461(c)- Criminal Forfeiture 3s
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)
Count(s) REMAINING are dismissed on the motion of the United States.
Assessment: $200.00
[] JVTA Assessment*: $
*Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
No fine Forfeiture pursuant to order filed 11/17/2023 , 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

HON. LARRY ALAN BURNS |
UNITED STATES DISTRICT JUDGE
Case 3:23-cr-00386-LAB Document53-_ Filed 11/21/23. PagelD.279 Page 2of7

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

DEFENDANT: CONSTANTIN BOBI SANDU (1) Judgment - Page 2 of 3
CASE NUMBER: 3:23-CR-00386-LAB

IMPRISONMENT

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

40 months as to each count, concurrent

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

The court makes the following recommendations to the Bureau of Prisons:
STATE OF CALIFORNIA 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.

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-00386-LAB
Case 3:23-cr-00386-LAB Document53 _ Filed 11/21/23. PagelD.280 Page 3of7

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

DEFENDANT: CONSTANTIN BOBI SANDU (1) Judgment - Page 3 of 3
CASE NUMBER: 3:23-CR-00386-LAB
SUPERVISED RELEASE

Upon release from imprisonment, the defendant will be on supervised release for a term of:
3 years as to each count, concurrent

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-00386-LAB
CaS

on Nn an BPW NO KF DO UO WAN Dn BPW NY KF OS

Sb2B23-O088BESH4RBAB Doounreash631 Filed 11/27/23 PaggHDi2281 Pagegeef 4f 7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Case No. 23-CR-0386-LAB
Plaintiff, PRELIMINARY ORDER OF
v. CRIMINAL FORFEITURE
CONSTANTIN BOBI SANDU,
aka Bobi Sandu,
aka Ionut Mihai,
aka Constantin Sandu,
Defendant.

WHEREAS, in the Superseding Information the United States sought forfeiture
of all right, title and interest in property of Defendant CONSTANTIN BOBI SANDU
("Defendant"), pursuant to Title 18, United States Code, 982(a)(1), as any property,
real and personal, involved in the offenses and any property traceable to such
property, as set forth in Counts 1 and 3 in violation of Title 18, United States Code,
Section 1956(a)(2)(A), and sought forfeiture pursuant to Title 18, United States Code,
Sections 981(a)(1)(C) and Title 28, United States Code, Section 2461(c), as property
constituting proceeds of the offense, as set forth in Count 2 in violation of Title 18,
United States Code, Section 1343.

WHEREAS, on or about July 11, 2023, Defendant pled guilty before
Magistrate Judge Allison H. Goddard to Counts 2 and 3 of the Superseding

Information, which included consent to the forfeiture allegations of the Superseding
CaS

NO NO NO NH HN HN KN HN KN Re Re Re Re Re Fe Re Re Re
oN BN ON BPW NK TODO UO WN Dn BPW NY KF CO

Information, consent to forfeiture of all property seized in connection with the case,
and consent to entry of a forfeiture money judgment in the amount of $214,950
representing the amount of proceeds Defendant personally received from the offenses
set forth in the Superseding Information, which forfeiture shall be included and
incorporated as part of the judgment in this case; and

WHEREAS, on August 11, 2023, this Court accepted the guilty pleas of
Defendant; and

WHEREAS, by virtue of the admissions of the Defendant set out in the plea
agreement, forfeiture addendum, and guilty pleas, the Court hereby finds that
$214,950 represents the amount of proceeds Defendant personally received and
obtained directly as a result of the offenses to which Defendant pled guilty, as
charged in Counts 2 and 3 of the Superseding Information; and

WHEREAS, by virtue of said guilty pleas, the Court finds that the
United States is now entitled to an Order of Forfeiture in its favor against the
Defendant in the form of a forfeiture money judgment representing the amount of
proceeds received by Defendant in the amount of $214,950, pursuant to Title 18,
United States Code, Sections 981(a)(1)(C) and 982(a)(1), Title 28, United States
Code, Section 2461(c), and Rule 32.2(b) of the Federal Rules of Criminal Procedure;
and

WHEREAS, by virtue of the facts set forth in the plea agreement and financial
addendum, the Court finds that the United States has established the requisite nexus
between the $214,950 forfeiture money judgment and the offenses of conviction set
forth in the Superseding Information; and

WHEREAS, the Defendant has agreed that the provisions for the substitution
of assets as provided in Title 18, United States Code, Section 982(b) and Title 21,
United States Code, Section 853(p) exist, and has agreed that the United States may

take all actions to collect the forfeiture money judgment; and

-2- 23cr0386
CaS

NO NO NO NH HN HN KN HN KN Re Re Re Re Re Fe Re Re Re
oN BN ON BPW NK TODO UO WN Dn BPW NY KF CO

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 on the guilty pleas of the Defendant to Count 2 and 3 of the
Superseding Information, the United States is entitled to a forfeiture money judgment
against Defendant in the amount of $214,950 pursuant to Title 18, United States
Code, Sections 981(a)(1)(C) and 982(a)(1), and Title 28, United States Code, Section
2461(c), representing the proceeds Defendant personally received from the offenses
of conviction set forth in Counts 2 and 3 of the Superseding Information, which
forfeiture money judgment is in favor of the United States against Defendant
CONSTANTIN BOBI SANDU, with interest to accrue thereon in accordance with
Title 18, United States Code, Section 3612(f) and Title 28, United States Code,
Section 1961; and

2. This Court shall retain jurisdiction in the case for the purpose of
enforcing the order of forfeiture money judgment and collecting and enforcing it; and

3. 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 judgment; and

4. Pursuant to Rule 32.2(b)(3) the United States may, at any time, conduct
discovery to identify, locate, or dispose of directly forfeitable assets and substitute
assets against which this Order of Forfeiture may be enforced; and

5. The United States may, at any time, move pursuant to Rule 32.2(e) to
amend this Order of Forfeiture to substitute property having a value not to exceed
$214,950, with accrued interest, to satisfy the forfeiture money judgment in whole or
in part; and

6. The United States may take any and all actions available to it to collect

and enforce the forfeiture money judgment.
-3- 23cr0386


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