American Bar Association/CEELI
740 15th Street, NW
Washington, DC 20005-1022
Phone: (202) 662-1950
Fax: (202) 662-1597

I just became aware of the President of Romania, Emil Constantinescu's upcoming visit to be presented with the 1999 CEELI Award at the World Congress Center in Atlanta, Georgia on August 7th, 1999.

I am writing on behalf of my mother, Elizabeth and brother Laurentiu as well as myself.

We are very pleased to see the interaction between American organizations and the Romanian government or its individual members. Those of us in the Romanian-American community who own property confiscated during the communist regime in Romania see such meetings as opportunities to express our grievances. The lack of inaction, delay tactics, ambiguous laws, unapplied laws and interminable debate in Romania, have given us no other forum for our grievances but to turn to our own American politicians and organizations.

That is why we are writing to you with belief and trust. We hope that by informing you of our concerns regarding Romania's legal system you would in turn communicate and discuss them as colleagues with Mr. Constatinescu and his staff. Such action would assert your leadership and would have a positive impact on the spread of "rule of law" in that corner of the world.

While I cannot speak in detail about other cases of American property owners (see http://www.romhome.org) who have confiscated property in Romania I will simply present you with our case. All of the facts are backed up by documents and the information which can be trusted as factual. I would also offer that I present myself at your convenience or/and provide you with any other information you may deem necessary to act in some fashion on our behalf. You may view http://www.comp-help.com/voivozi for scanned copies of documents supporting our case as well as a breakdown of the events.

Thank you for taking the time to read this and perhaps discussing it with Mr. Constantinescu and members of the Romanian Government. Further, I would be very happy if you shared this document amongst your colleagues.

Respectfully,

Lee A. Costache

Cc: American Bar Association 750 N. Lake Shore Dr., Chicago, IL 60611
info@abanet.org

Mihai A. Vinatoru

THE COSTACHE CASE

Table of Contents

BRIEF SUMMARY *

ABOUT US *

LOCATION AND DESCRIPTION OF PROPERTY *

HISTORY OF EVENTS * Initial purchase of property and proof of original ownership *

1967, December 4 - Land Purchase *

1968, September 14 - Municipal approval to build the apartment building *

1969, January 11 - Construction Loan Contract *

1969, December 16 - Alexandru Costache deceased *

1970, July 2 - Certificate of inheritance *

1972, January 25 - The apartment is paid in full *

1972, February 18 - Elisabeta, Laurentiu and Liviu Costache move to the United States *

1972, March 28 - Occupancy and moving Permit is issued *

The Illegal Confiscation of Our Property *

1976 March - A relative living in Bucharest is summoned on our behalf. *

1977, December 15 - The property owned by Elisabeta Costache (5/8) is confiscated by the State *

1982, January 12 - The property owned by Laurentiu and Liviu Costache (3/8) is confiscated by the State *

COSTACHE'S fight to get property back *

1994, November 3 - COSTACHE wins case *

1995, February 22 - The Bucharest Tribunal confirms the November 3, 1994 outcome. COSTACHE wins. *

1996, July 3 - Request by COSTACHE to the Mayor's office of Bucharest for the return of the property. *

1996, September 3 - Mayor Victor Ciorbea signs the return of the apartment into execution. *

1996, September 26 - Notifies us that the property was sold in accordance with law 112 *

1996, September 27 - Request to the Mayor's office to investigate the illegal sale of our property *

1996, October 2 - Findings report from the Inspection Department of the Municipal Council of Bucharest *

1996, November 11 - Article in "Romania Libera" which presents our case as a clear abuse of property our rights *

1998, April 23 - New request to Sorin Moisescu (General prosecutor of Bucharest) *

1998 to Present *

_________________________________________________________________________________________________________

DETAIL

BRIEF SUMMARY

In 1977 the Romanian government illegally confiscated our property located in Bucharest, Romania. Twenty-two (22) years have passed since our property was confiscated, and 10 years have gone by since the Ceusescu regime has fallen in Romania.

Four years passed since the civil section of Bucharest Tribunal has ruled that our property was confiscated illegally and should be returned to us. Two and half years passed since September 1996 when the Mayor of Bucharest, Victor Ciorbea decreed the restitution of our property. Despite our best efforts, unambiguous ownership documents and legal judgements by the proper Romanian authorities we still do not have possession of our property in Romania.

Hi, my name is Lee A. Costache and along with my brother Laurentiu A. Costache and Elisabeth Costache and I urge your support in helping us obtain our property in Bucharest, Romania. We created this website to present and support our case with scanned copies of the some of the main documents which have left a clear an unambiguous paper trail of this abuse.

We have every intention to pursue our just cause until it prevails. We feel very strongly that Romanian government must adhere to its own laws and return our property without delay.

ABOUT US

Elisabeth Costache - US Citizen. Throughout the Romanian documents she is referred to as COSTACHE ELISABETA

Laurentiu Alexandru Costache - Permanent US Resident. Throughout the Romanian documents he is referred to as COSTACHE LAURENTIU

Lee Alexander Costache - US Citizen. Throughout the Romanian documents he is referred to as COSTACHE LIVIU

Note: All the members of the family have retained their original Romanian citizenship

LOCATION AND DESCRIPTION OF PROPERTY

Str. Voivozi, nr. 41-45, ap. 1 , Sector 1, Bucharest, Romania

It consists of four rooms of: 32.88 square meters, 20.5 square meters, 20,2 square meters, 15 square meters, vestibule of 10 square meters, bathroom of 6 square meters, hallway of 5.3 square meters, closet area of 1.7 square meters, kitchen of 10 square meters, walk-in closet of 2.1 square meters, a two car garage as well as a portion of the land the apartment building occupies.

HISTORY OF EVENTS

Initial purchase of property and proof of original ownership

1967, December 4 - Land Purchase

Alexandru and Elisabeta Costache (married couple/Romanian citizenship) in association with other individuals in an "Associatie de locatari" , purchase 859.50 square meters of land. The land is located at Str. Sfintii Voivozi Nr. 41-45 Sectorul 1, Bucharest, Romania.

The owner of the land, Dr. Ionescu and she receives 1,000,000 lei from the association for in exchange for the land. Each of the members of the association receive ownership for part of the land. Alexandru and Elsisabeta Costache purchase and become owners of 38 square meters of this land.

The link below contains the scanned images of legal instrument of the LAND SALE AND PURCHASE AGREEMENT. The contract is signed by all the seller and buyer parties.

1968, September 14 - Municipal approval to build the apartment building

Through this CONTRACT document, the Bucharest Municipal authority approves that building the apartment building may begin.

1969, January 11 - Construction Loan Contract

This is the construction loan contract between the Romanian "Investment Bank" and Alexandru and Elisabeta Costache for their portion of the loan to build the apartment building.

1969, December 16 - Alexandru Costache deceased

1970, July 2 - Certificate of inheritance

Six months after Alexandru Costache's death, the legal document of INHERTANCE is issued. Alexandru Costache's 1/2 of the property in question is divided as follows. 1/4 of it goes to Elisabeta Costache, such that her ownership of the property becomes 5/8 . The remaining 3/4 of his half go to his children Laurentiu and Liviu Costache, such that their combined ownership of the property becomes 3/8.

1972, January 25 - The apartment is paid in full

This document is issued by the bank "C.E.C." and states that the construction loan issued on January 11, 1969 is paid in full..

1972, March 28 - Occupancy and moving Permit is issued

1972, February 18 - Elisabeta, Laurentiu and Liviu Costache move to the United States

The Illegal Confiscation of Our Property

1976 March - A relative living in Bucharest is summoned on our behalf.

Based on law 223/2974 a relative who lived in Bucharest at the time is summoned by "ICRAL Pajura" to produce and consign the title of the Costache property and related documentation (somata pentru cedarea actelor de proprietate). No papers were handed over nor any documents signed.

Later, "ICRAL Pajura" contacts Mrs. Isimina Sobaru in an attempt to pressure her to buy the Costache apartment and 2 car garage.

1977, December 15 - The property owned by Elisabeta Costache (5/8) is confiscated by the State

The Executive Committee of the Bucharest Municipal Council passes decision No. 2047 in which they confiscate the 5/8 of the property belonging to Elisabeta Costache.

1982, January 12 - The property owned by Laurentiu and Liviu Costache (3/8) is confiscated by the State

The Executive Committee of the Bucharest Municipal Council passes decision No. 2047 in which they confiscate the remaining 3/8 of the property belonging to Laurentiu and Liviu Costache.

COSTACHES fight to get property back

1994, November 3 - COSTACHE wins case

The Municipal Court, Sector 1 in Bucharest (file 6631 from 1993) in decision 10773, rules that the Costache property was confiscated abusively under law 223/1994. COSTACHE wins

1995, February 22 - The Bucharest Tribunal confirms the November 3, 1994 outcome. COSTACHE wins.

Our case goes to trial again after the Executive Committee of the Bucharest Municipal authority challenges the November 3, 1994 decision. The trial takes place at the Bucharest Tribunal, Section III, File 322/1995.

The Bucharest Tribunal rejects the Executive Committee's challenge to the November 3, 1994 ruling in favor of COSTACHE for the restitution of the property, decision 436A..

1996, July 3 - Request by COSTACHE to the Mayor's office of Bucharest for the return of the property.

A year passes and the property is still not returned to us. Elisabeta COSTACHE makes a special trip to Romania to pursue legal action. She files with the Mayor's Office in Bucharest form, 4255 for the restitution of our property which clearly falls within the new 112/95 law. The request has attached to it the

1) Civil Ruling 10773 with the "Stamp of the President of Romania" (Noi, Presedintele Romaniei), and

2) Civil Ruling 436A.

1996, September 3 - Mayor Victor Ciorbea signs the return of the apartment into execution.

The General Mayor of Bucharest, VICTOR CIORBEA, states clearly that our property was confiscated illegally. He gives Elisabeta COSTACHE an "order" document for the finalization of the transfer of our property to us.

This document was submitted the same day to the Real Estate Administrative Body (D.A.F.I.) for the completion of the "final transfer" documents.

1996, September 26 - Notifies us that the property was sold in accordance with law 112

After a lot of running around and after over two months in Bucharest, Elisabeta COSTACHE receives a letter from D.A.F.I., the Real Estate Administrative Body, that our property had been sold on August 27, 1996 to Constantin MIHAI an owner of multiple poroperties.

1996, September 27 - Request to the Mayor's office to investigate the illegal sale of our property

This was a very disheartening period for my mom, but she immediately wrote a hand written letter stating our grievances. She presented herself along with this letter the next day after receiving the "sale of our property letter" to the Mayor's Offices. She spoke to Vice Mayor Viorel LIZ. At her request and insistence, the Vice Mayor initiated an investigation.

1996, October 2 - Findings report from the Inspection Department of the Municipal Council of Bucharest

Vice Mayor Viorel LIZ confirmed in his report 18/1190 on October 2, 1996 that the property was sold to Constantin MIHAI on August 27, 1996 with sale contract Nr. 8 .

1996, November 11 - Article in "Romania Libera" which presents our case as a clear abuse of property our rights

On November 11, 1996 in the SOCIAL section of "Romania Libera" , a major Romanian newspaper, an article appears that "blasts" the illegal tactics and sale of our property.

1998, April 23 - New request to Sorin Moisescu (General prosecutor of Bucharest)

This letter is yet another attempt to communicate our grievances to the Romanian authorities to obtain our property. The letter was sent to General "Procuror" Sorin MOISESCU. We received no response from Mr. MOISESCU.

1998 to Present

We are very unhappy that after all these years of promises and delay we are unable to take possession of our property in Bucharest. We are unhappy with the legal process in Romania which proves to us beyond the shadow of a doubt that Romania is still not a country that respects Human Rights, of which Property Rights are an integral part.