United States of America v. Edward Florea

Brooklyn, New York criminal defense lawyer represented Defendant charged with transmitting threats to injure United States Senator.



Eduard Florea was charged with one count of transmitting threats to injure and one count of possessing ammunition after having been convicted of a felony.



Florea admited to threatening the life of a successful candidate for the U.S. Senate and to urging others to take up arms to unleash violence at the Capitol on January 6, 2021 to thwart the results of the Presidential election.



Florea posted threatening statements online about killing elected officials, including now-United States Senator Raphael Warnock and committing other acts of violence in Washington, D.C. in connection with the certification of the results of the 2020 Presidential Election. For example, on January 5, 2021, at approximately 8:40 p.m., Florea posted, “We need to all come to an agreement . . . and go armed . . . and really take back Washington.” A few minutes later, Florea posted, “Tomorrow may very [well] be the day war kicks off . . .” At 11:53 p.m. the same day, Florea posted, “Warnock is going to have a hard time casting votes for communist policies when he’s swinging with the f***ing fish.” In the early morning hours of January 6, 2021, at approximately 12:42 a.m., Florea referenced Senator Warnock and stated, “Dead men can’t pass sh*t laws . . .”



On January 6, 2021, after the assault on the United States Capitol had begun, Florea posted that he intended to travel to Washington, D.C. as part of a group armed with firearms ready to engage in additional violence. Between approximately 2:00 p.m. and 6:00 p.m.—while the Capitol was under siege—Florea posted the following messages, among others:



“Mine are ready….I am ready…. we need to regroup outside of DC and attack from all sides… talking to some other guys….I will keep watching for the signal.”



“I am awaiting my orders…armed and ready to deploy….”



“Guns cleaned loaded . . . got a bunch of guys all armed and ready to deploy . . . we are just waiting for the word”



“There 3 car full of armed patriots heading in from NY….”



“Me and some guys are gearing up to head in. . . . where are you . . . 3 cars already are enroute . . . .all armed.”



“It’s time to unleash some violence.”



On January 12, 2021, FBI Special Agents and Task Force Officers with the New York Joint Terrorism Task Force executed a search warrant at Florea’s home in Middle Village, Queens. The search revealed that Florea, who had been previously convicted of a New York state firearms-related felony, illegally possessed more than 1,000 rounds of ammunition.



The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Francisco J. Navarro and Andrew P. Wenzel are in charge of the prosecution.



Title 18, United States Code, Sections 875(c) and 3551 et seq. - Transmission of Threats to Injure

(1)



§875. Interstate communications



(a) Whoever transmits in interstate or foreign commerce any communication containing any demand or request for a ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.



(b) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than twenty years, or both.



(c) Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.



(d) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to injure the property or reputation of the addressee or of another or the reputation of a deceased person or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.

Title 18, United States Code, Sections 922(g)(l), 924(a)(2) and 3551 et seq. - Felon in Possession of Ammunition

(2)



§3551. Authorized sentences



(a) In General.—Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case.



(b) Individuals.—An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—



(1) a term of probation as authorized by subchapter B;



(2) a fine as authorized by subchapter C; or



(3) a term of imprisonment as authorized by subchapter D.



A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.



(c) Organizations.—An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—



(1) a term of probation as authorized by subchapter B; or



(2) a fine as authorized by subchapter C.



A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.

08/16/2021 30 ORDER REFERRING CASE to Chief Magistrate Cheryl L. Pollak as to Eduard Florea, to take the plea before the Magistrate Judge. (Ordered by Chief Magistrate Cheryl L. Pollak on undated) (Galeano, Sonia) (Entered: 08/16/2021)

08/16/2021 31 ORDER of Referral as to Eduard Florea: The Court finds that a plea hearing by video conference is warranted in this case. I hereby authorize the assigned magistrate judge to conduct a change of plea proceeding by video conference, or by telephone conference if video conferencing is not reasonably available. (Ordered by Judge Eric R. Komitee on 8/04/2021) (Entered: 08/16/2021)

08/16/2021 Case as to Eduard Florea no longer referred to Chief Magistrate Cheryl L. Pollak. (Galeano, Sonia) (Entered: 08/16/2021)