Doc. 114

IN THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF FLORIDA

CASE NO.: II-ZOIZO-CIV-SEITZ/SIM ONTON

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TRAIAN BUJDUVEANU,

Plaintiff,

VS.

DlsMAs CHARITIE ,s m c., ANA GISPERT,

DEREK Tllom s and ADAM S LESHOTA

Defendants.

PLAINTIFF'S RESPON SE TO DEFENDANTS' REPLY BRIEF IN SUPPORTOF THEIR SUPPLEM ENTAL M O TION FOR SUM M ARY JUDG M ENT AND

INCORPOM TED M EM ORANDUM OF LAW IN SUPPORT OF

M O TION FOR SUM M ARY JUDGM ENT

COM ES NOW TR M AN BUJDUVEANU, Pro Se, and responds to Defendant's

Reply ln Support Of Their Supplem ental M otion For Sum mary Judgm ent And

lncorporated M em orandum Of 1aw ln Support Of M otion For Sum mary Judgm ent.

INTRODUCTIO N

ln a desperate attempt to cover their misleading statements regarding the Federal

Government remrning the Plaintiff to the Federal Prison, the Defendants the

Defendants responds to their own m otions.

STATEM ENT OF FACTS

1. ln their motion Defendants claims the following: lr espite the fact that the Federal

Bureau of Prisons, not the Defendants, controlled the Plaintiffs confinem ent and thefact that he was ultimately released from Federal custody, the Plaintiff seeks to exact

his personal vendetta and revenge upon Defendants and through this frivolous

lawsuit.''

2. Curiously enough there is no mention of any Federal Agencies in the SentrySystem , or any statem ent of any Federal agency. ln fact the Federal Agencies are

reluctant to make any statement when it comes to this incident. To be polite, this canbe called a M isleading Statement on the part of the Defendants, as is the case with

most of the statements made by the Defendants in this case. Plaintiffask this Court to

tind the Federal Agency which has returned him to the Federal Prison, because he

cannot tind it in the Sentry Report.

Case 1:11-cv-20120-AMS Document 114 Entered on FLSD Docket 08/06/2012 Page 1 of 34

3. W hat it can be found in the report are ONLY statements issued by Dismas

Charities, Inc., which has also access to the system. (Exhibit A)

4. This Court will have to take a dose look at Private Corporation that make largedonations to various political parties, hiding behind religion and permit themselves to

go tçAbove the Law''. lf such thing is possible in America, then many other things are

possible. However this Court will have to assess how much longer we will allow

com zption in this country.

5. From the inception of this case, evidence from the surveillance cameras has beendeliberately destroyed by the Defendants and new evidence and documents have been

fabricated. Such evidence would have been rather damaging to this case for the

Defendants, therefore it had to be destroyed.

6. Defendant's conspiracy to cover up their wrong doings by fabricating the

record and denying the Plaintiff constimtional right to address and docum ent

his grievances, left him with very little means of providing material

docum entation of his experiences at Dismas House Charities

Plaintiff is asking this Court to issue an order of an independent comm ission to

conduct an investigation of criminal activities at Dismas Charities,lnc.

CONCLUSION

For the reasons set forth above, the Defendants would move this Court for an Order

granting a11 Defendants Final Sllmmary Judgment and any further relief the Court

deems just and proper.

Date: August 1, 2012

Respectfully submitted,

x , g z,/K z/# zz- v qTRAIAN BUJDUVE U PRO SE LITIGANT


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CERTIFICATE OF SERVICE

1 hereby certify that on or about August 1, 2012 a true and correct copy of the

foregoing document was served upon the following via the United States Postal

Service, First Class M ail:

Dism as Charities, Inc.,141 N.W . 1 St. Avenue

Dania, FL 33004-2835

Ana Gispert

Dism as Charities,lnc.

141 N.W . 1 St. Avenue

Dania, FL 33004-2835

Derek Thom as

Dism as Charities,lnc.


Dania, FL 33004-2835

Lashanda Adam s

Dism as Charitiesplnc.


Dania ,FL 33004-2835

David S. ChaietEsquire

Attorney for Defendants

4000 Hollywood Boulevard

Suite 265-South

Hollywood, FL 33021

EXECUTED 0N THIS 1st DAY 0F August, 2012

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---- C J z:/ &/ >#?* *TRAIAN BUJDUVEAN , PRO SE5601W . BROW ARD BLVD.,

PLANTATION, FL 33317


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99 N.E. 4 StreelMiamb FL 33132305-961-9296

U.S. Department of Justice

United States Attorney

Southern District ofFlorida

August 1, 2012

Via US M ail

Traian Bujduveanu5601 W Broward Blvd.

Plantation, FL 33317

Re: Subpoena To FDC M iami and United States Marshals Service in Bujduveanu v.Dismas Charities, Inc. et aI., Case No. 11-20120-CIV-SIM ONTON

Dear Mr. Bujduveanu:

Enclosed you will find the response to m ur subpoenas to FDC M iami and the US

Marshals Service. Names of third parties were redacted in compliance with the Privacy Act.The enclosed docum ents fully satisfy both agencies' duties under the subpoenas.

Very truly yours,

W IFREDO A. FERM R r,

UNITED STATES ATT EY ,z/'

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xAo .By:

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Anthony Pogorzels i

Assistant United tates Attom ey

Enclosures


Hotmail Print Message

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RE: Response to Subpoena Requests

0 2 / 0 8 / 2 4 ) 1 2 1 2 : 0 4

Traian Bujduveanu ([email protected])Thu 8/02/12 11:59 AM

anthony,[email protected]

Mr, Pogorzelsky,The Sentry Report is a FORM designed for the Federal Government to collect and enter

data into a federal computer database, and it should contain the following:

Sentry Repo/ Inm ate identification data:

1. Nam e,

2. Date of bidh,

3. Social Security num ber,

4. lnmate register number (also known as Federal Register Number),

5. FBI number,

6. District of Columbia Depadment of Correction (DCDOC) Number,

7. Immigration and Customs Enforcement (formerly lmmigration and NaturalizationService) Number,

8. Driver's Iicense (if available),

9. Hom e address,

10. Physical description,

1 1 . Sex,

12. Race,

13. Religious preference,

14. Photographs,

15. Digital image, and

16. Drug testing and DNA sam ples, test results, and analysis records',

17. lnstitution designation and housing assignm ents, including separation orders, and

suppoding information',

18. Prison conduct records, including information concerning disciplinary actions and

reviews, and padicipation in escapes, assaults, and disturbances',

19. Econom ic, social, and religious background, including special religious dietaryrequirements',


Hotmail Print Message

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20.1 Educational data, including industrial and vocational training',

21. Physical and m ental health data',

22. United States Parole Com m ission orders, actions and related information',

23. Transfer information, including dates and destinations',

24. M ail and visiting records',

25. Release processing information',

26. Adm inistrative rem edy-related records',

27. Investigatory inform ation', and

28. Referrals of non-federal inm ates to Bureau custody and/or referrals of Bureau inmates

to state custody.

02/08/24)12 12:04

*** W hat you have sent me represent a number of fabricated records by DismasCharities,lnca, in order to cover their criminal activities.

Please be kind and send a copy of the records entered by the Federal Government into

the SENTRY SYSTEM .

Best Regards

Traian Bujduveanu

From: [email protected]: orionav@msn,comSubject: Response to Subpoena RequestsDate; Wed, 1 Aug 2012 21:06:20 +0000

Mr. Bujduveanu,

Attached are the documents being produced in response to your subpoenas to FDC M iam i and the U.S.

Marshal's Service in the case of Bujduveanu v. Dismas Charities, Inc. et aI., Case No. 11-20l20-ClV-SIM ONTON. A hard copy of the same was sent via US M ail today. This response constitutes full and

com plete com pliance with your subpoena requests.

Anthony Pogorzelski

Assistant United States Attorney

99 N.E. 4th Street

M iami, FL 33132-2111

(305) 961-9296


Hotmail Prin! Message

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Response to Subpoena Requests

02 / 08 / 2 / ) 12 02 ; 2 2

Pogorzelski, Anthony (USAFLS) ([email protected])

Wed 8/01/12 5:06 PM

Traian Bujduveanu ([email protected]) ([email protected])1 attachment

M r. Bujduveanu,

Attached are the documents being produced in response to your subpoenas to FDC M iam i and the U.S.

Marshal's Service in the case of Bujduveanu v. Dismas Charities, Inc. et aI., Case No. 11-20120-CIV-SIM ONTON. A hard copy of the sam e was sent via US M ail today. This response constitutes full and

complete com pliance with your subpoena requests.

Anthony Pogorzelski

Assistant United States Attorney

99 N.E. 4th Street

M iam i, FL 33132-2111

(305) 961-9296


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To: Carlos Rodriguez CCMFrom; Derek n omc Assistant Directorem o: Regar mg wntten noticc given to offender

Offender Bujduvearm, Traian wms picked up from Dismas RRC by the US Marshals on 10/20/10.He refused to accept a copy of the writtcm chargts at the time of the Marshals arrival, therefore

offender Bujduveanu did not receive a copy of the charges until 10/22/10 during theinvestigation.

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T0: Carlos Rodriguez CCM

From: Derek Thomas Assistant Director

Re: offender Bujduveanu's statemenls

Attached are the signed copies Dismas Charities RRC Rule: & Regulations as well as a copy of the

bandbook pages which clearly negate offender Bujduveanu's elaims.

Offender Bujduveanu received an incident report and is confusing his incident report with his

previous Disckplinaw reports. (re:#1)2. Offender Bujduveanu refused to accept a copy of tbe written charges when he was picked up by

the US Marshals and taken to FDC. (re: #2)3. Offender Bujduveanu has signed twice that he received a copy of the hand book and the rules &

regulations, once while incarcerated and again when he arrived. He has also signed stating that

he has read and received a copy of the conlraband list for Dismas Charities RRC. (re: #5)

fre: #14)

4. Offender Bujduveanu has signed that he received his Dismas Charities Handbook which clearly

states the process for Grievances and the proper channels to go about receiving a BP-9. (re: #7)

5. Offender Bujduveanu's vehicle was searched on 10/13/10 and an unauthorized cellular phone inhis name was confiscated from the vehicle. (re: #8)


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D ISM AS CFIARITI ES. INC.

To: Offender Bujduveanu, Traian

Re: W itness for CDC bearing

In regards to your request for Mr. Carlos Rodriguez to appear as a witness at your hearing to previous

discipiinal actions you have received. Mr. Rodriguez is unable to appear as a witness due to the fact

that wur previous disciplinary reports have no bearing on the incident which occurred on 10/13/1Q.

The incident on 10/13/10 is in no way connected to your other disciplinaw reports

D ek Thomas

Assistant Director

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WTo: Carlos Rodriguez CCMFrom; Derek Thomas Assistant DirectorM emo: Explanation as to why lncident Report was not delivered within time frame:

This incident report wms written on 10/1 3/10. n e US M arshalls were extremely backed up so

on 10/19/10 the BOP CCM sent a pick up order to the US marshals and offender Bujduveanu

was picked up on 10/20/10. A decision was madc to wait until the offender was safely

apprehended and in the custody of thc US M arshals prior to delivering the report so as to protect

the safety and security of the community.

Derek omas

< Assistan ector


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TO: Ana GlpertD ireetor

FROM : Jerry Edwards

G unselor

DATE: 8/19/10

RF.: Resident Dorrel Barnes' refusal to provide a written statenwnt

Dear M rs. Caispert

On 10/25/10 at approximately 1605 hours, tllis writer informed Resident

that Traian Bujduvœ u roueste him as a wimess conceming Traian Bujduv q'gcY ge driving without authorization to drive and N ssessing a cell phone.

stated that hc wasn't aware of the charges against Mr. Bujduveanu. He stated at hehasn't sw ke to him since MJ. Bujduveanu was placed on Home Detention and was notgoing to be involved with chargu or provide a written statement on Traian Bujduveanu'sbehalf

If you need any fttrther infonnation please, advise.

Sincerely

1h-lJerry L. Edwards

Counselor

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BP.s494 .073 CM X KIST FOR f!nO R RTIFICATION c'DFp.pslwMAR e94

U.S. DEPA*YMZUY OF JUSTICE FxD=*Ar. Bn*k*U oF #RISONS

Name of Inmate e * Register No. -47

Facility Dismas CharitiesV * -...-

YES NO NA

ADVANCE NOTICE OF CHARGE

A (l) ne inmnte was given advance written notice of the chargets) against him no l>s than 24 hovrsbefore the appearance before the CDC.

lf the answer to (1 ) is ''No'':(Mt-

x'rhe inx te waived the 24-hour notice, orn ere exists a valid reason why the 24-hour notice was not given. n e rew m is:G a Gcc/khe.ezh:

STAFF REPQESENTATION

(2)

'The inm ate requested a staff representative and that staff representative appeared.

n e inmate did not request a staff representative and, thereby, waivrd the rigsht to a staffrepresenutive.

n e inmate requested a representative who refused or was unable to appcar. and the inmate choseto continue the hearing in the abr ce of the requestM representative aher being advie of theoption to pos> me the heahng in order to obtain another representative.v* . v-cflqçb a

W ITNESSES AND DOCUG NTARY EVIDENCE

n e inmate waived the right to call wimesses.

The inmate requested witnesses.(a) n e requested wimcses apmared and sutements are summarized in the record.(b) Reasons for not calling requested wîmesses are documented in the record.(c) Written statements of unavailable wimesses were submitte. considered, and included in the

record. xo e. eh Qchevwe'-s-

n e inmate submitted written documentation which was considered and is included in the record.

'Fhe inmate's sutement to the CDC ls sunmzarized in the rccord.

FINDINGS AND SPECIFIC EVIDENCE

n e findings of the CDC are supported by a substantial facmal basis.

n e specisc evidence relied on is adequately documented in the record.

SANCTION

(5)

(6)

(7)

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N

N

(8)

(9)

V-N

N

(1 0)

(12) The sanction recommended bv the CDC is proportionate to thc offense cornmitled. '

( 13) n e reason for the sanction are adequately documented in the recoxd. N:

(14) The DHO has added sanctlons. -g.4c- $1

DHO Signatare Datc

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(n is form may be replicated via WP) Rcplaces 8P-494 of MAR ')1


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llixnljls Cllarlties, lnc.

Receipt of Personal Prop-erty / Contraband List 1

Receipt oi Personal Propeo List

1 -z#m#- # z' -ô* * 8 9 :ave received a copy of t:e oismas charitiesPersonaj Property List. l understand that this list contains the maximum number and Npe ofeach item of personal property 1 am permitted to possess while at a Dismas Charities Center. Iam aware that there will be no exceptions allowed to this list. Any excess ptoperty or propeonot listed will be removed by me or my fepresentative no Iater than 24 hours after receipt of thislist. l understand that any excess propel or propeX not 'isted whicà is in the facility after theinitial 24 bours will be removed W Dismas staff and disposed of.

l aiso understand that alI personal Propeo will be stored in accordance with Dismas CharitiesCenter guidelines. Any personal property regardless of guantfty' or type not Mored in M-r-nrdance

witb th-A guidelines will be considered excess propel and removed by Dismas sta6.

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nt Signature , Date j7 z- y' zzm q- PJ e ' z.o zo ,eSta; ' ure Date

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Rlceipt of Gontraband List?

j,Z XX Z ' AzpW A: have rvxved a copy of the Dismas charitiesGontrahnnd I -' I undeatapd that a11 items on this list are forbidden in the Dismas CharïesGenter, in any Dismas Charities Center vebbl- or on Dismaa Chadies Center property. lundeatand that if I am found to * ln K ssession of any item on tIIW llst

, the item will *confivxed from fre and dispose of W Dlsma: Charlties staf. I also understand that tf l amfound to be in pes- sion of any item on this Iist 1 will be subject to die ylnary action.

Rl#ent jige re / Date/ M' àvewt J77 JJ 2010

Sta# ' fe Date

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Dismas Cbarities. lnc.l

Recçipt of Rules - Federal Facilities

Jz/v vclo , uave readl have received a copy of the Federal Prohibited Acts datedthem. or had them read to me. I understand them and l agree to abide by them. l am awarethat a copy of the Federal Prohibited Acts is posted on the Resident Bulietin Board. l am also

aware that thpse rules are reviewed and subjed to change.

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I have received a copyvgf the Dl:mal Ch.rltlel Rulpst.R.-vaule onl and MinimumRestrl- - dated JW Z.T D /D . I have read them, or had them read to me. I understandthem and l agree to abidefby them. l am aware that a copy of the Dismas Charitips Rules,Regule' ns and Minimum Restrictions is posted on the Resident Bulletin Board. l am also

aware that mese rules are reviewed and subject to change.

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Dismas Charities Inc.

Recei t of Rules

5*22 7 //7 . I have read

I have received a copy of the Federal Prohibitcd Acts datedth

em, or laad thcm rtad to mt. 1 understand them and l agree to

abide by them. 1 am awarethat a copy of tlhe Fedcral Prohibit

ed Acts is posted on the Residcnt Bulletin Board

, 1 amalso aware that these rules are reviewed and subject to changc.

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ate j: en gn , j yg y yp

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I havc received a copy of thc Dismas Charities Rules

. Rcculations and M inimum Restrictionsdated u to. I have read tlwm

, or had them read to me. 1 undôrstand them andagree to abide by t em

. 1 am aware that a copy of tht Dismas Charities Rules

, Regulatiensand Minimum Restrictions is m sted on Resident Bulletin Board

. 1 Am also aware that thtscrules art rcviewed and subject to chaoge.

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Dismas Charities. lnc. ;'

Conditions of Residential Comm llnity Programs R4sidence j

--/ 7/ q (Register Number) 3 -0091, . ,

hereby authorize empoyees of the Depadment of Justice and employees of any facility contractingwitb the Depadment of Justice to release any or alI of the contents nf information in my inmaleceptral file to educational facilities social agencies, grospedive empioyers, etc.. for the pumose of:assisting in all phases of comm unlty programm ing and release planning. l also autborize the aboveperson to advise prospective employers that l am currently in the custody of the U. S. Attomey

General serving sentence or under the suqemision of the U.S. Parole Commission or U.S.Probation Ofice. This consent will remain ln effed until my release ffom supervision or untilrevoked in writing by me. Revocation of this authorization may result in my removal from acom munity-based correctional program .

l understand that while a resident of a community corredions center (CCC) or wOA releaseprogram l will be expected to contrlbute to the cost of my residenœ through payments to 1hecontradorand l agree to make such payments. l understand that filtlre to make payments may

result in my removal from a community-based pre ram, (Not applicable for MINT referrals).

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I understand that urinalysis or otber Bureau of Prisons authorized testing to deted unauthorizeddrug or alcohd use may be required as a c/ndltion of residence in a O rrwnunity corree ons centeror work releM - program, and if œpuired, I agree to sobmit to such teetmg' . l undeotae tbatingedion of poppy seed produds may result in positive test results for unauthorte drug use and istherefore prohibited.

I understand that l am expenfe to assume snancial responsibility for my health care while l am a

resident of a corr unl' -baAM corredional program. Should l be unabi or unwilling to bear thecost of necessary mediœ care l understand that l may be transferred to a w itable institution orfacility, at *e Governmenrs option, to re eive such care. I undere nd that no O dical care may beprovo d to me at the govemment expense withod prior authorizae of the Burea: of Prssons.

l understand that l ma# be required to cooperate with substance abuse assessment and padicipatein any treatment recommended as a resu: of assessment.

I under:tnnd th1 I may be rm uired to abide by the conditiœ s of w pelvie n as imm e by these tencing = ud or the O.S. Parole Commission. induding èe payments of ines and restitlion andto follow the instrudions of the probation omcer as if on sua -ision.

I understand that upon arrival at the community emrrections center I may be initially plv- in therestridive Com unity Core s ComN nent for a period of orlentatbn. ln this comm nent. I willbe expected to remain at the CCC unleu authoe e to Ieave for emplA rnent or other authorizedprogram purpr-. Additional#, l understand that social visits and recreen' nal/leisure adivities willbe confned to the CCC.

1 understand that whlle a resident of a X mmunlty' corredions center or work release program , I willbe required to abide by the rules and regulations promulgated by such program.

For MlNT referrals l tmderstand that l or the guardlan shall assume total snanclal resv siNlif for!my child's care e lle am a resident of a CGC. Se uld I or the guardian be unable to or unwllliog tobear my child's snancial cost, I will be transferred back to my parenl institution immediately. lunderstand that no snancial suppod w ill be provided to my chlld by the Bureau of Prisons.

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L.o ! m .- o-e.



WAIVER OF 24 HOUR NOTICE

I have been advised that I have the right to have a written copy of the chargesls) against me at

Noxleast 24 hours prior to appearing before the Center Disctpline Commituee. I wish to waive thisright and proceed with the Center Discipline Committee hearing at this Lkme.

Signed by Inmate Inmate Typed or Printed Name Register No.I

,e w

..- < é .m .+ p o t, ew - > z N -j #/ ADate and Time Inmate Signed nessed by ( loyee Signatures

/& C/ 2* /0

/X gov + rawt 'y B# 6v7' A

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3P-5276.073 INNATE RIGHTS AT CCNTER DISCIPLINK CnMMTTTEE HRAWING (RRC'S) CPDMFmR 94

U .S. DEPARYM*HY OF JUSTICR FEDEAAI% BDARAU OF PRISONS

<

As an inmate charged withCommittee for disposition

T:

Facility

a violation of Center rules or regulations referred to tàe Discipline. you have the foàlowïnç rightsz

The right to have a written copy of the charçets) againat you least 24 hoursptior to apgearing before the C

enter Discipïine Commlttee;

The riqht to have a member of the staff who is reasonably available represent goubefore t'ne Center Dlscipline Co

amlttee:

The zight to call witnesses and present documentary evidenceprovided C

enter safety would not be jeopardized;

% %

W8 your beha Lf,The right to rlmain silent

. Your silence may be used to draw an adverse infereTkceagainse you. However, your silence alone may not be used to support a finding that ycucommitted a prchibited act;

The rkqht to be present throughout the Center Discipltne Corm ittee hearing exceptduring Committee deliberatio

ns and except Where Center safety would be jeopardlzed;

The right to be advised of the Ccnter Disctpline CorGittee recommendation aad 'Bureau of Prisons? decision

, the facts supporting the recomnendation and decision: exaepEkhere Center safety uould be jeopardi

zed, and the disposition in writing; and,

The right to contest under Adminîstranive Remedy procedures or by ïetter the 3ureaucf Prïsons' deciston to the R

egicnal Director within 20 day: of notice of the decissonand disposition.

T &

T ô

5=

I hereby acknowledge that I have been advised of the above riqhts afforded me at a CenterDisctpline Committee hearing

.

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zz /, aeg. xo., Jt t7 3 -/' nate,szsned, / t-jl(

No t i c e o f r i g h t s g i ve n t o r nma t e o n X W .'T z'& j;Y

Da e Emp yee Signature

,v ''

INMKTE RIGHTS KT CENTER DISCIPLINE COMMTTTEE HRAAING lRRC#s)

Facili ty

When an ir%ate has been advised of the rig'nts afforded at a C

enter Dtscipline hearing, but refusesto sign the acknowtedgment, the following should be completed.

I havê personally advised

of the above riqhts affordedImmate's name and Register No,a Center Discipline Cop

amittee hearing, however, the Hnmate refused t

.o siçn the ackaowiedgment.


q K.

NOTIG OF CENTER DISG PLINE COKNEW EE KEARING (CCC S)

U S A Artruent of Jcstice Fderal Burrau of PriGoas

' toate Fxuiry j

< 4 >. x,p a e 'sm -5 ' ' omo --, ' A .E.. .!

Inmatz Re sr n= ber

'O/J ' -sa . yA/ u ,- 4r; o e e'w . w ' &P - .# r.D/, Mlege violauonlu)

. - y p g v jz

Date of Ofease C* Number I& a # .F ,

You = being referred o uze C=z Disciptine Ccmmio for the above chargrls):ne bee g will be hlld on: / R at % 'r;2, A- .M.)at the following lx atloa: '

Ycu re O utled to bave a m e member rtpr=ent you at tbe beluin . Please indicate below whtier you * 11.t o have 4 sta/

reprvn#ntive, and ifscx ' of nnrr.e g1' #A' # 7rhave a stas representative.Inmate's Initials (do) wish tob

-fh t ,-Inmate's Inî dals do net wish to have a stafT re resentative- '/

S0. e 5 representatlve S nAme lI:

You < ll also baye ie Hght to çall witnesses at ti:e heH g =d to presect dx umentazy evidence in your behnlf. providrd cazucgyour wial-qes < l1 not 'O pm'dtza Center Sctzrily. Names nf wimesses you w1.1 to catl should be ùsted below.Inmate s lnitialx Brie state wbat each ro osed wimess would be able to testi to.

N= e: ,C= tutià to: > > * z o z-r... s ..t .

w w . .w. # v r..- rww.'., u' 1- w' ,.W- f%>,

,;Name: * ç ' ' ' ,Can testify to: - /- öo /*t<4%h**Y

A - ,,- < > + $ t;'<u o..t /&/VA/ w v'ok / .n +fhrkl A> '/4

Name . . f .q' z-'e c an tes ttfy' to .

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e 5,rrn:11 91 D ter l= p e ornmto ca ojl wlmesRs or re <! are reasona y ava ab ,6 aridwho re deem lned by htrn>er to be necess?ry for = appreciatlon of the circtv tances snroxdmg the chargels) Rrpetxiuwimesses ne not be called. Unavailable wlelesw may be asked to submit wntten statemeats.

Date, sin aad return tlés fo= to the Cb ' an of the Ctnter Discipline Commiaec.

Date j go p ay iraturGrq No ypj -o5V# 2.0 ; >> .w..Notice cf ' g given to ' e : Emplcyee Sipna ' Date

&

'rai, f m y tx roli 'a w?


k BP>s298 (Continued)

IV . FINDINGS OF THE COMMITTEE

<act was commïuted as charged. Code l08 lnd Code 309

following act was coma irted:

c. No prohibited act was comnitted: Expunge accordin: to your Szatement of Work.

V. SPECIFIC EVIDEHCE RELIED ON TO SUPPORT FINDINGSYour due process rights were read and revieked with you by the CDC Commïttee at the tlme of the

hearing. You stated you understood your rights.

The CDC faund evidence that your behavior violated the BOP's Prohibited Act, Code 1c8 i.e. Poseessionmanufacture, or introduction of a hazardous tool and Code 3:9 i.e. Violating a condition of a conœunity proqram.The Committee based its decision on the facts outlined in the written report) On l0/l3/IG I observed offenderBujduveanu walking towards his vehicletblue Ford Explorer truck) xn the regident parking lot. He then got intothe vehicle and backed the vehicle into a parking space, I asked his counselor if he waa authorized to drive andshe stated that he was not and that his wife was authorized to transport him. A review of his file corrnHnratedthat he wae aoe authorized to drive. Offender Bujduveanu had driven the vehicle from his home to the farility.His counselor went outside and brought offender Bujduveanu ineide where we questioned him about wby' he wasdriving without authorization. Staff explained to him thac it was aqainst Lhe rules for him to operate avehicle without permission and we searehed his vehicle. Paring the search staff found an unauthoràzed cellphone (black Motorola in offender Bujduveanuzs name) and a black Motorola car phone charger. O'fender Bujduveinuia therefore in violation of code 3ûg:violating a eondition of a community program and code lo8tpossessionmanufacture, or introduction of a hazardous tool.

VI . SM X ION RECO ATION aased on t:e above evidence the CDc committee recommendsoffender Bujduveanu, Traian remain Disciplinary transferred.

VII. REASON FOR SANCTION RECOMMENDATION

<To deter this and other inmates from committing sim ilar acts in

future .

VIII. APPZAT. RIGHTS Inmate was advised.The inmate has been advised of the findings, specific evidence relied on, action and reasons forthe action. The inmate has been advised of his right tc appêal under the Administrative RemedyProcedure or by letter within 20 days of the imposition of the sanction to the Regional Director.A copy of this reporr has been given to the inmace.

IX . DISCIPLINE COMMITTEE

: Chairperson Member Member

Galo Rugel x

X . ACTIOF B DHO

Typed Name/signature - DHO ()tâ t; :,

Exo PORM

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' laca.cva c- aR ozsczpLlxa co- zw ss RspoRm (ccc' s) cnpp.xBP-MAN 94U .S. DEPARTMKNT OF JUSTICE FEDRDAT' BTD XKU OF PRISONS

Name of Inmate Register Number Hearing DateBujduveanu, Traian 80655-004 10/29/10

Date of rncidene Date of Inciderc Repore Prohibbtedlc/l3/10 10/13/10 Actlsl Code 108, 3Q9

Summary of Chargels Possession, manufaeture or introduction of a hazardous tool / Violating a

condition of a community program.

1. NOTICE OF &RApGR (S)

Typed Name/' Si :na Lure DHO

A. Advance written notice of charges (copy of incident report) *as qiven to tnmace on10/2G/10 at 0739 by Dontallis Render . ( Resident refused to acfept a copy Lf

the charges when he was picked up by the US Marshals.Date Ttme

B. The CDC Hearinq was held on 10/294/4 at lo:soam .Date Time

C. The inmate was advieed of his rights before this CDC by: Bobbie Lowery

on 10/22/10 and a copy of ehe advigement o! rîghts form Ls actached.Date

II. STAFF REPRESENTATIVE

A. Inmate waived right to staff representative: (Yes/Fo/NA)He originally called for RM Corkyk.x Shennett who was unable to attend due to his work seheduke.

B. Inmate requested stafc representative and NA appeared.

C. Requested staff represeneative dcclined or could not appear buL inmate was advised of optzonco postpone hearing to obtûin another suaff representattve with the result that; Staffmo-her Ang*la Moore wAs leat aa a sthff rep And offend*r Bujduvlanu did not r*qu*pt ahotherstaff rep.

III PQRSENTATION OF EVIDENCE .A. Inmate has been advised of his right to present a statement or to remain gtlent. to present

documents, including written statements of unavailable witnesses, and for relevant and

material witnesses to appear in his behalf at the hearing.Inmate admits/denies the charqefs) during the investigation

Summary of Inmate Statement;

Witnesses :The inmate requested witnesses : (Y /No/NA)

1. The f ollowin rsons were ca1 ed as witnesses at this hearing and appeared : 3*m'

jattachmentA sum ary of tes :L f each is attached : (Yes/No/NA)The f ollowinq persons re% ested were not cal e f or the reason (s) qiven : WUnavailable witnesaee were requested to submit <rf tten statements and those statemenDfwere considered : (Yes/No/NA)

Documentary Evidence: In addition to the incident Report and Investigation, the Coxmitteeconsidered the following documents: The Committee considered the following documents:Documentarion allowing offender Bujduveanu's wife to transport him and photos of the callphone and charger.Confidential information was considered by the CDC and not provided to inmaLe (Yes/No/NA

<E.


Part 11 - CDC Action

<Comments of Inmxte to CDC Regarding Above Incident

Offender Bujduveanu, Traian offered the following statement. Please refer to offender/s eritter statemenc.

18. A. It Ia The Finding Of The CDC That You: B x The CDC Is Referring The Chargela) To TheDHO For Further Hearing.

x Committed The Following Ptohibited Act.- -

C x The CDC Advised The offender Of Ite Findini;Did Not Commit A Prohibited Acr. And Ofxihe Right TO File An Appeai WiLhin 20 Calendar

Days.

l9. Committee Decision Is Based On The Following Information

< . The CDC found evidence that your behavior violated the Bo/'s Prohibited Act, Code 108: Possession.

manufacture or introduction of a hazardous tool & Code 3:9) Violating R conditxon of a community program.

The Cmm-itree baeed iLs decision on the facls outlined in the written report: on 1Q/l3/>û I observed offenderBujduveanu walking towards his vehiclelblue Ford Explorer t ruck) in the reaident parkinq lot. He then gotintc Lhe vehicle and baeked the vehicke into a parkins space . I asked his couneelor il be was authorized todrive and she etated thar he was not and that his wife was authoriled to trangport 'nim

. A review of his filecorrnhnrated that he was not authorized to drive. Offender Bujduveanu had driven the vehicle from his home tothe facility. Hi@ counselor went outside and brought offender Bujduveanu inside where ee questioned himabout why Me wag drkving without authorization. Staff explained to him that it was agaknet the rules tor hkplro operate a vehicle without permiasion and we searched his vehicle. During the aearch staff found anunauthorized cell phone (blaek Motorola in offender Bujduvelnu's name) and a black Motorola car phonecharger. offender eujduveanu is therefore in violation of code 3oglviolating a condition or a copmunityproqram and code lo8:possession manufaeture. or introduccion of a hazardoas tool.

. 2n. Committee action and/or recommendation if referred to DHO (Contingent upon DHO finding inmate commtttedprohibited act)

Based on the above evidence the CDC Committee recommends offender Bujduveanu, Train remainDisciplinary transferred.

2l. Date And Time Of Action 10/29/10 11:25am (The CDC Chairperson's Signature Next ToNaxe Certifies Who Sat On The UDC And That The Completed Report Accurately Reflects The CDC Proceedinqs )

<oalo sugel -

Chairperlon (Typed N /si ture) Member tTyped Na-e) Member (Typed Name)


Paoe 2ûP 5205.073

Nx- 22. rate And Time Investigation seganpart zzI - znvestioatlon kzlzz/kz za:ccpm

23. O'fender Advised Of Right To Remain Silent: You Are Advised Of Your Right To Remain Silent At Al1 StagesOf The Diaciplinary Process But Are Informed That Your Silenee May Be Used To Draw An Adverse InferenceAgainst You At Any Stage Of The Insritutional Disciplinxry Process. You Are Also Informed Thet Your SilenceAlone May Not Be Used To Support A Finding That You Have Committed A Prohibited Act.

The offender was Advised of The Above Right By Bobby Lowery At (Data/timello/zz/tc atlz:ûnpm -W

24. Offender SLatement And Attitude

, Offender Bujduveanu stated ro this investigator that he wa* sorry and he would never intentionally violate arule or regulation. He ho-ever did admit Lo drivin: a vehicle from his home to the facility without Approve:authorization. de stated that .. The cell phone @nd charger belonged to his famiky.e He was not aware that

they were in Lhe vehicle.

25. Oeher Faces Aboue The Incident. Statemenrs Of Thoee Persons Preaent At Scene, Diaposition Of Evidence,Etr.

Resident does not bave authorization to drive himself . He bas Ruthorimat ion f or his wi f e to drtve him to aradf rom hia appoineoents . See attached phoeos of t*e cell phone and char:er . Tt a & elear that of fertderBujduveanu. Tratn violated the prH ram ' s cond tcions .<

. -

26. Investigator'u Comments And Conolusion

Based on the on tbe reporting etaff's testixony. the photo evidence and the offenderês admisaion that hedrove unauthorized from his home to the facility' this investigator concludes the violation was cnmmitted ascharged ,

27. Action Taken

Disciplinary transfer and refer to the CDC for Hearinq

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Page 2BP-S295.QT3

l 22. Dare And Tîme Investïgation Began

Part tII - Investigation t 12/22f?10 l2:0@pm23. offender Advised of Riqht To Remain Silent: You Are Advtsed Of Your Rfght To Renain Silent At A11 StagetOf The Disciplinary Process But Are Informed That Your Sitence May Be Used To Draw'Mn Adveree InferenceAgaanst Yœz At Any Srage Of The Institutional Disciplinary process. You Are Also Informed That Your SilenceAlone May Not Be Used To Support A Findins That You Have Committed A Prohibited Act.

The Offesder Was Advised Cf The Above Right By zobby Lowery At (Data/t1me)l0/22/lô atl2tû0pm

24. Offender Statement And Attieude

Offender Bujduveanu etated to this inveatlgator that he vas sorry and ke would never intentionally violate arule or regulation. He however did admit Lo driving a vehicle from his home to the facilaty withouc approvedauthorization. He stated that u The cell phone and charger belonged to his famtly.e He was not aware tha:thev were in the vebicle.

other Facts Abour The Incident, Statementc Of Those Persons Present At Scene, Disposition 0( Evkdence

Resident doe: not have authorization to drive bimeelf. He has authorization for his wife to drive hïm to an$from his appointments. gee attached photos ol the cell phone and charger. It is clear that offenderBujduveanu, Train violated the program's conditions.

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26. InvesLigator's Comments And Conckusion

Based on :he on the rcporting staff's testimonyz the photc evtdence and the offender's admission that hedrove unauthorized from his home to the facility, this investigator concludes the violation <as committed ascharged.

Aetion Taken

Dieciplinary tranafer and refer to rhe CDC for Hearing.

Date And Time Investiqation Completed lC/22/1Q at 12;45pm

Printed Name/signature f Investigator Bobbie Lowery

.g '. si rurc


Part 11 - CDC Action

17. Ccamenta of Inmate to CDC Regarding Above Incident

E otfender Bujduveanu, Train offered the following statement; Please reter Do offender's written statement,

l:. A. It Iz The Finding Of The CDC That You: E. x The CDC 1: Referring The Chargels) To Tbe:DH% For Further Hearin:.

) x.- Cnmmitted Thq Following Prohibited Act.C. x The CDC Advieed The Offender Of Its Finding

Did Not Commit A prohibited Adt. And Of-she Right To File An Appeal Wirhin 2û CalenanrDays.

: 9 Commit tee Dec è s ton t s Based ()n The Ftn'.t . ow s 7y'J lntt'vrrza r- ira,'k

The. CDC totmd. evxdozw e that your n havior v 2 o'- qtect the Bt'. ' s Jrcphib t ted Art . Cr'.k$% t ()8 ; poseessaoa ,'

'

'r ' ). ! i) tx a conuit z.teo ot a ccmwaanit v prol rakrmerltfactuxe ot- l.zzEl odcctioy) ùf A 'o wardoup 4ao 3 !' Code 3(7:4 . + zo u . .rt&.. 's- .ittee baied ite 4e. ciliön çqî the tucs @. kut Lined i-.' ' '' e wr i t' t en repurr ; tpn 1;) /1.3 f lo I obsezved of lande 1.'. '

ib ' . ' 'R 7 du .: ,k .' '? *+1/ .v.e ..t oward, hi* #ehà.c,1*.f bl ue 90 k'cl zyp. L oz e r : ruc k ; l n t''.>e r>* ident ta rking .' or - He t he.5 qot, . % ' .' . ' k k' ' v .into th- veàzu te

. lrkd backe thm vebi*l* irlttx a'' t)a . k inç space v t avked hi* c'favlnseào? i f he #a& auLhoriled q .drive Aml lhe t4tae'e that t1e'œ''4'#: not ànnd th- * y $ a %.4 if c wa s aut ho z t ae's to t'raa:p4xrt' ' hiM . A rAvitê' !# tsf h.k i> t '.k ) v'' , . . ' ' . , ..%. . . .

'r Arroborate -ii't*t he was pkot aq' ilmK't tç ,.'z'* ..- k' . t'r, t ff endfwr 2u)J duveeaû hAd dxive tj' e vehicl# f 4-* 5i* z '' .'ti ta' c4':: it7r- !4ip izotmse toe ' ',outv' qe a;.4 . kc: s-nTt: o <- '- endet Eu j duvexnu insî.p eker. we guel't i.orked''tlir.c

' W - .i t; t a t 1 t . ' i ' k. a f f e x t, 7 r- 1 a% r..o 4z' *' t h A e it* ' ' & 4 t*- ' b' i .'. .-..lt why :% w'aa ' 4.: . zkng # t phz lt . - . ... . , . . w:q a.e ns w . ua les tor ... .,w J ' '*

'

'. . g x .pI ''perat.e a vehu' 1* ii.tht *;'#t:'t &' t rAlileai't:jn aD4 . ;#. ' '* r.t' t:he -- :' i v ver-: l e Durirg . t:hl Apeareb st .t# ltxmd an ..' ,k ik fs 4 . 1 '*. ...!v.x '' A' . / 'euehorized veu pllone lpt*ck M@terpe io k'k '. ', .:tc #- B , ? $, . ' . . i. .yu . f.& .v ? an4 . 4 bte.4;,> 'Motorof j( . pa.x ' ne' t.. .t ' 5 h 7 . '. 'x . . '' 'ztzrge.l- J '' O f tenel-, r - fs') 4.: duv'e arqv Y$ . e. ' t:szA f or. e ' .1: :Z. . ' ? k .t '' zc' wm c u ' .' c'.t'1. e; '' Q. !? . -4r .z. ol aftn.' g *. <. a.y. Jtci i. t ion o j 4 c Ylmzn i k: yurp aqd tT.:'* < ejt' ; li'a,eées/ilje >pn 'a>' urt . é i r ' vokiu ' .'. . & t 1, 'ti ! . a 7.' aedou- *.>'' bql . '.' - ' . '-prO ra . . .+ .. - s. .. ' ) . ' A# ' . x <. . - .. .. J ' ' '. '

de $f .9 'D ' a'st ' ' z <' 'T-z. t . 4 . y


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BF-SZCS . O73 INCIDENT REPORT (CCC' S) CDFRM

AUG s 9U. S . DEPARTMENT OF X STICE

#

FEDERAL BW EAU OF PRISONSI

Q. Name of CCC:DISMAS CRARZTIES, DANIA BEACH êart Inczdenc Reporz

2. Name of Offender 3.Reqtsvêr N'umïer 4. Da--e of ZncidenD 't 5 Tzme

. .

-'' ; lSulduveanu,Tolan , 80655-Q04 lO/l3/Qo l:Dopm

(6 Place of Incldenc j' 7. Component e Type m1 OffendfrDismas càaritiesz RRC Pre Release Sencence

9. Incident: Possession manufacture. or introductlan of a hazardous -.co1. ViolaGtng a rondzcian

of a community pro:ram . Code: 1c8, 3091k. z'escription of Incident (Date: l0/l2/lC Tîme: l:COçm scaff become aware lt tncident)

On 1Q/L3/10 I cbserved cffender Bujduveanu wa:king ccwards his vehicletblue Fcrd Explorer zruck)the resident parking lot. He then çot into the vehicle and backed the vehicle inco a parkingspace. I asked his ccunselor if he was authorized to drive and she stated thac he was noD and thachts wife was authorized to transport hïm. A revieh. of his file corroborated thar he was ncIauchorized to drïve. Offender Buzduveanu had driven the vehicle Jrom h1s home tc the facility. Hks

ccunselor went outside and brought ocfender Bujduveanu tnstde where we questioned htn abou-- Why hewas drivîng without authorization. Staff explained co him t:at it was against the rules for him tooperaLe a vehlcle without permission and we searched :ts vehicle. During the search scaff lound an

unauthorized cell phone (black Motorola in offender Bujduveanu's nare) and a black MoLcrola aarphone charger. Offender Budjuveanu is therefore in vzolatien oc code 3cg:vtolating a condiclon of acommunity program and acde lcgtFossessicn manufacture, cr irtrcduccion of a hazardous 2ooL.

<

l .S=:na ure cf xting Emplcyee Date & Tite k3. Name & Title (Printed)A. ...

e A'' /l3/tc 2:3ûpm Derek Thomas AssisLanL Dtrector

14 Inczdent port ivcred Lo Above Offendcr By Date In tde Q Repor? Dekivered

Q'uw j j'p p. ( (7( .-/ Time cnczdent Reporc Delkvered

()-7 .

Record Copy - Central File Record: CopyPart I Preparation(This Fcrm May Be Replicaoed Via WP)


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@@

1-) I S M A S C l-I A R l T I E S . I N C.

To whom it m ay concern:

l am not able to pedorm the duty of staff rep due to my conflicting schedule with my second job.

<

Corky Shennett

Resident M ontior

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United States District Coud

Southern District of Florida

case Number: ? / > 2&/ 2-& fx.I-

SUPPLEMENTAL ATTACHMENTIS)

Please refer to the supplem ental paper ''coud file'' in the

division w here the Judge is cham bered, These

attachm ents m ust not be placed in the ''chron file''.

U--I NoT SCANNED

g-----l Due to Poor Quality

g------l Bound Extradition Papers

r----l Photographs

U-S Surety Bond (Original p-l Letter of Understanding)

U--I CD or DVD (Coud Order p.f Trial Purposes only)

X Other:

CANNED

(ki!L,q.?.ut Poor Quality

X Habeas Cases (State Coud Recordxranscript)

2 /.!/> /aDate:


Documents

Doc. 114