United States v. Radu Miclaus

── United States v. Radu Miclaus ── Court: Court of Appeals for the Sixth Circuit Date: May 29, 2026 Category: General RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 26a0157p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ┐ UNITED STATES OF AMERICA, │ Plaintiff-Appellee, │ > No. 23-3146 │ v. │ │ RADU MICLAUS, │ Defendant-Appellant. │ ┘ Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 1:16-cr-00224-3—Patricia A. Gaughan, District Judge. Argued: October 21, 2025 Decided and Filed: May 29, 2026 Before: WHITE, LARSEN, and NALBANDIAN, Circuit Judges. _________________ COUNSEL ARGUED: Catherine Adinaro Shusky, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant. Laura McMullen Ford, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee. ON BRIEF: Catherine Adinaro Shusky, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant. Laura McMullen Ford, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee. _________________ OPINION _________________ HELENE N. WHITE, Circuit Judge. Defendant Radu Miclaus appeals the imposition of a $853,651.99 restitution obligation on resentencing after remand, arguing that the government affirmatively waived restitution, he was not provided with the underlying information on which the restitution amount was based, and the imposition of restitution for the first time on remand  No. 23-3146 United States v. Miclaus Page 2 was vindictive and violated his due process rights. We AFFIRM the imposition of restitution but VACATE and REMAND for resentencing on the amount of restitution. I. Background Beginning around January 2007, Radu Miclaus, Bogdan Nicolescu (“Nicolescu”), and Tiberiu Danet (“Danet”) participated in a criminal conspiracy called the Bayrob Group (“Bayrob”) operating out of Romania. Through various schemes, including an online eBay auction-fraud scheme, a cryptocurrency mining scheme, and a network of bots, Bayrob infected more than 60,000 computers, primarily located in the United States, with proprietary malware that allowed it to steal identities, money, and personal identifying information. According to the FBI, Bayrob’s eBay scheme generated between $3,500,000 and $4,500,000 in losses. The crypto-mining scheme was also highly profitable, netting Bayrob approximately $10,000 to $20,000 per month in 2014, and $30,000 to $40,000 per month in 2015 and 2016. In 2016, Miclaus, Nicolescu, and Danet were indicted on one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. §§ 1343 and 1349; twelve counts of wire fraud, in violation of 18 U.S.C. § 1343; one count of conspiracy to commit computer fraud, in violation of 18 U.S.C. § 371; one count of conspiracy to traffic in counterfeit service marks, in violation of 18 U.S.C. § 2320(a)(1); five counts of aggravated identity theft, in violation of 18 U.S.C. §§ 1028A(a)(1) and (2); and one count of conspiracy to commit money laundering, in viol