Proposed Order Proposed Modified Protective Order — USA v. Ayvazyan et al (Dkt. 219.15)

Summary

A [Proposed] Modified Protective Order Regarding Discovery Containing Personally Identifiable Information, Access Device Materials, Privacy Act Information, and Confidential Informant Information, filed in the U.S. District Court for the Central District of California on March 29, 2021 as Document 219-15 in United States of America v. Richard Ayvazyan, et al., Case 2:20-cr-00579-SVW. It is presented by Assistant United States Attorneys Brian Faerstein and Scott Paetty and DOJ Trial Attorney Christopher Fenton. The proposed order would grant the government’s ex parte application for a modified protective order for good cause and set terms for handling discovery that contains those categories of information. It runs 11 pages and ends with a signature line for United States District Judge Stephen V. Wilson.

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TRACY L. WILKISON 
Acting United States Attorney 
BRANDON D. FOX 
Assistant United States Attorney 
Chief, Criminal Division 
SCOTT PAETTY (Cal. Bar No. 274719) 
BRIAN FAERSTEIN (Cal. Bar No. 274850) 
Assistant United States Attorneys 
Major Frauds/Environmental and Community Safety Crimes Sections 
1100/1300 United States Courthouse 
312 North Spring Street 
Los Angeles, California 90012 
Telephone: (213) 894-6527/3819 
Facsimile: (213) 894-6269/0141 
E-mail: 
Scott.Paetty@usdoj.gov/Brian.Faerstein@usdoj.gov 
 
DANIEL S. KAHN 
Acting Chief, Fraud Section 
Criminal Division, U.S. Department of Justice 
CHRISTOPHER FENTON 
Trial Attorney, Fraud Section 
Criminal Division, U.S. Department of Justice 
1400 New York Avenue NW, 3rd Floor 
Washington, DC 20530 
Telephone: (202) 320-0539 
Facsimile: (202) 514-0152 
 
E-mail: 
Christopher.Fenton@usdoj.gov 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
UNITED STATES OF AMERICA, 
 
 
 
Plaintiff, 
 
 
 
v. 
 
RICHARD AYVAZYAN, 
aka “Richard Avazian” and 
    “Iuliia Zhadko,” 
MARIETTA TERABELIAN, 
  aka “Marietta Abelian” and     
      “Viktoria Kauichko,” 
ARTUR AYVAZYAN, 
aka “Arthur Ayvazyan,” and 
TAMARA DADYAN, 
MANUK GRIGORYAN, 
  aka “Mike Grigoryan,” and 
      “Anton Kudiumov,” 
ARMAN HAYRAPETYAN, 
EDVARD PARONYAN, 
No. CR 20-579(A)-SVW 
[PROPOSED] MODIFIED PROTECTIVE 
ORDER REGARDING DISCOVERY 
CONTAINING PERSONALLY IDENTIFIABLE 
INFORMATION, ACCESS DEVICE 
MATERIALS, PRIVACY ACT 
INFORMATION, AND CONFIDENTIAL 
INFORMANT INFORMATION 
 
Case 2:20-cr-00579-SVW     Document 219-15     Filed 03/29/21     Page 1 of 11   Page ID
#:1928

 
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aka “Edvard Paronian” and 
    “Edward Paronyan,” and 
VAHE DADYAN, 
 
Defendants. 
The Court has read and considered the government’s ex parte 
application for a modified protective order regarding discovery 
containing personally identifiable information, access device 
materials, privacy act information, and confidential informant 
information, filed by the government in this matter, which this 
Court incorporates by reference into this order, and FOR GOOD CAUSE 
SHOWN the Court hereby FINDS AND ORDERS as follows:   
1. 
The government’s discovery in this case relates to the 
alleged crimes of defendant RICHARD AYVAZYAN (“R. AYVAZYAN”), 
defendant MARIETTA TERABELIAN, defendant ARTUR AYVAZYAN 
(“A. AYVAYZAN”), defendant TAMARA DADYAN (“T. DADYAN”), defendant 
MANUK GRIGORYAN, defendant ARMAN HAYRAPETYAN, defendant EDVARD 
PARONYAN, and defendant VAHE DADYAN (“V. DADYAN”), that is, 
violations of 18 U.S.C. § 1349 (conspiracy to commit wire and bank 
fraud); 18 U.S.C. § 1343 (wire fraud); 18 U.S.C. § 1344(2) (bank 
fraud and attempted bank fraud); 18 U.S.C. § 1028A(a)(1) (aggravated 
identity theft); 18 U.S.C. § 1956(h) (money laundering conspiracy); 
18 U.S.C. § 1956(a)(1)(B)(i) (concealment money laundering); and 18 
U.S.C. § 3147 (offense committed while on release).   
2. 
A protective order for the discovery is necessary so that 
the government can produce to the defendants’ counsel materials 
containing third parties’ personally identifiable information 
(“PII”), including PII relating to witnesses and alleged victims, as 
well as materials constituting unauthorized or counterfeit access 
Case 2:20-cr-00579-SVW     Document 219-15     Filed 03/29/21     Page 2 of 11   Page ID
#:1929

 
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devices.  The Court finds that disclosure of this information 
without limitation risks the privacy and security of the 
information’s legitimate owners, may expose victims and witnesses to 
potential safety risks, and poses a significant risk of harm to 
third-parties and the public in general.  Because the government has 
an ongoing obligation to protect third parties’ PII, the government 
cannot produce to defendants unredacted sets of discovery containing 
this information without this Court entering the Protective Order.  
Moreover, PII makes up a significant part of the discovery in this 
case and such information itself, in many instances, has evidentiary 
value.  If the government were to attempt to redact all this 
information in strict compliance with Federal Rule of Criminal 
Procedure 49.1, the Central District of California’s Local Rules 
regarding redaction, and the Privacy Policy of the United States 
Judicial Conference, the defense would receive a set of discovery 
that would be highly confusing and difficult to understand, and it 
would be challenging for defense counsel to adequately evaluate the 
case, provide advice to defendant, or prepare for trial. 
3. 
An order is also necessary because the government intends 
to produce to the defense materials that may contain information 
within the scope of the Privacy Act, 5 U.S.C. § 552a (“Privacy Act 
Information”).  The Court finds that, to the extent that these 
materials contain Privacy Act information, disclosure is authorized 
pursuant to 5 U.S.C. § 552a(b)(11). 
4. 
An order is further necessary so that the government can 
produce to the defense materials regarding confidential informants 
or cooperating witnesses who may testify at trial.  Because these 
materials could be used to identify the confidential informants or 
Case 2:20-cr-00579-SVW     Document 219-15     Filed 03/29/21     Page 3 of 11   Page ID
#:1930

 
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cooperating witnesses, the Court finds that the unauthorized 
dissemination or distribution of the materials may expose him/her to 
potential safety risks. 
5. 
The purpose of this Protective Order is therefore to 
(a) allow the government to comply with its discovery obligations 
while preventing the unauthorized dissemination, distribution, and 
use of this sensitive information; and (b) provide the defense with 
sufficient information to adequately represent defendant.   
6. 
Accordingly, the discovery that the government has 
provided and will provide to each defendant’s counsel in the above-
captioned case will be subject to this Protective Order, as follows: 
a. 
As used herein, “PII Materials” includes any 
information that can be used to identify a person, including a name, 
address, date of birth, Social Security number, driver’s license 
number, telephone number, account number, email address, personal 
identification number, and financial information. 
b. 
As used herein, “Access Device Materials” includes 
any materials that constitute or depict unauthorized or counterfeit 
access devices, as defined in 18 U.S.C. § 1029(e).  
c. 
As used herein, “CI Materials” includes any 
information relating to a confidential informant’s or cooperating 
witness’s prior history of cooperation with law enforcement, prior 
criminal history, statements, or any other information that could be 
used to identify a confidential informant or cooperating witness, 
such as a name, image, address, date of birth, or unique personal 
identification number, such as a Social Security number, driver’s 
license number, account number, or telephone number.  
Case 2:20-cr-00579-SVW     Document 219-15     Filed 03/29/21     Page 4 of 11   Page ID
#:1931

 
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d. 
“Confidential Information” refers to any document or 
information containing PII Materials, Access Device Materials, 
and/or CI Materials that the government produces to the defense 
pursuant to this Protective Order and any copies thereof. 
e. 
“Defense Team” includes (1) defendant’s counsel of 
record (“defense counsel”); (2) other attorneys at defense counsel’s 
law firm who may be consulted regarding case strategy in this case; 
(3) defense investigators who are assisting defense counsel with 
this case; (4) retained experts or potential experts; and 
(5) paralegals, legal assistants, and other support staff to defense 
counsel who are providing assistance on this case.  The Defense Team 
does not include defendant, defendant’s family members, or any other 
associates of defendant. 
f. 
The government is authorized to provide defense 
counsel with Confidential Information marked with the following 
legend: “CONFIDENTIAL INFORMATION -- CONTENTS SUBJECT TO PROTECTIVE 
ORDER.”  The government may put that legend on the digital medium 
(such as DVD or hard drive) or simply label a digital folder on the 
digital medium to cover the content of that digital folder.  The 
government may also redact any PII contained in the production of 
Confidential Information. 
g. 
If defendant objects to a designation that material 
contains Confidential Information, the parties shall meet and 
confer.  If the parties cannot reach an agreement regarding 
defendant’s objection, defendant may apply to this Court to have the 
designation removed. 
h. 
Defendant and the Defense Team shall use the 
Confidential Information solely to prepare for any pretrial motions, 
Case 2:20-cr-00579-SVW     Document 219-15     Filed 03/29/21     Page 5 of 11   Page ID
#:1932

 
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plea negotiations, trial, and sentencing hearing in this case, as 
well as any appellate and post-conviction proceedings. 
i. 
The Defense Team shall not permit anyone other than 
the Defense Team to have possession of Confidential Information, 
including defendant, while outside the presence of the Defense Team. 
j. 
Notwithstanding the above, defendant may see and 
review CI Materials only in the presence of defense counsel, and 
defense counsel shall ensure that defendant is never left alone with 
any CI Materials.  At the conclusion of any meeting with defendant 
at which defendant is permitted to view CI Materials, defendant must 
return any CI Materials to defense counsel, who shall take all such 
materials with counsel.  Defendant may not take any CI Materials out 
of the room in which defendant is meeting with defense counsel.  At 
no time, under no circumstance, will any Confidential Information be 
left in the possession, custody, or control of defendant, regardless 
of defendant’s custody status. 
k. 
Defendant may review PII Materials or Access Device 
Materials only in the presence of a member of the Defense Team, who 
shall ensure that defendant is never left alone with any PII 
Materials or Access Device Materials.  At the conclusion of any 
meeting with defendant at which defendant is permitted to view PII 
Materials or Access Device Materials, defendant must return any PII 
Materials or Access Device Materials to the Defense Team, and the 
member of the Defense Team present shall take all such materials 
with him or her.  Defendant may not take any PII Materials or Access 
Device Materials out of the room in which defendant is meeting with 
the Defense Team. 
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#:1933

 
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l. 
Defendant may see and review Confidential Information 
as permitted by this Protective Order, but defendant may not copy, 
keep, maintain, or otherwise possess any Confidential Information in 
this case at any time.  Defendant also may not write down or 
memorialize any data or information contained in the Confidential 
Information.   
m. 
The Defense Team may review Confidential Information 
with a witness or potential witness in this case, including 
defendant.  Defense counsel must be present whenever any CI 
Materials are being shown to a witness or potential witness.  A 
member of the Defense Team must be present if PII Materials or 
Access Device Materials are being shown to a witness or potential 
witness.  Before being shown any portion of Confidential 
Information, however, any witness or potential witness must be 
informed of, and agree in writing to be bound by, the requirements 
of the Protective Order.  No member of the Defense Team shall permit 
a witness or potential witness to retain Confidential Information or 
any notes generated from Confidential Information. 
n. 
Due to the impact of the COVID-19 pandemic, the 
Defense Team may use secure video conferencing applications, such as 
Zoom, WebEx, Microsoft Teams, or Blue Jeans, to review Confidential 
Information with a defendant or witness, provided that the Defense 
Team certifies in writing that there is no way for the defendant or 
witness to (i) maintain electronic copies of the Confidential 
Information once the video conference is over; or (ii) photograph, 
record, write down or otherwise memorialize any data or information 
contained in the Confidential Information.  Any such certification 
shall be submitted to the government in writing by way of letter in 
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#:1934

 
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advance of the first time that counsel provides a defendant access 
to use secure video conferencing applications to review Confidential 
Information.  
o. 
The Defense Team shall maintain Confidential 
Information safely and securely, and shall exercise reasonable care 
in ensuring the confidentiality of those materials by (1) not 
permitting anyone other than members of the Defense Team, defendant, 
witnesses, and potential witnesses, as restricted above, to see 
Confidential Information; (2) not divulging to anyone other than 
members of the Defense Team, defendant, witnesses, and potential 
witnesses, the contents of Confidential Information; and (3) not 
permitting Confidential Information to be outside the Defense Team’s 
offices, homes, vehicles, or personal presence.  CI Materials shall 
not be left unattended in any vehicle. 
p. 
To the extent that defendant, the Defense Team, 
witnesses, or potential witnesses create notes that contain, in 
whole or in part, Confidential Information, or to the extent that 
copies are made for authorized use by members of the Defense Team, 
such notes, copies, or reproductions become Confidential Information 
subject to the Protective Order and must be handled in accordance 
with the terms of the Protective Order. 
q. 
The Defense Team shall use Confidential Information 
only for the litigation of this matter and for no other purpose.  
Litigation of this matter includes any appeal filed by defendant and 
any motion filed by defendant pursuant to 28 U.S.C. § 2255.  In the 
event that a party needs to file Confidential Information with the 
Court or divulge the contents of Confidential Information in court 
filings, the filing should be made under seal.  If the Court rejects 
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#:1935

 
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the request to file such information under seal, the party seeking 
to file such information publicly shall provide advance written 
notice to the other party to afford such party an opportunity to 
object or otherwise respond to such intention.  If the other party 
does not object to the proposed filing, the party seeking to file 
such information shall redact any PII Materials, Access Device 
Materials, or CI Materials and make all reasonable attempts to limit 
the divulging of PII Materials, Access Device Materials, or CI 
Materials.   
r. 
Any Confidential Information inadvertently produced 
in the course of discovery prior to entry of the Protective Order 
shall be subject to the terms of this Protective Order.  If 
Confidential Information was inadvertently produced prior to entry 
of the Protective Order without being marked “CONFIDENTIAL 
INFORMATION -- CONTENTS SUBJECT TO PROTECTIVE ORDER,” the government 
shall reproduce the material with the correct designation and notify 
defense counsel of the error.  The Defense Team shall take immediate 
steps to destroy the unmarked material, including any copies.   
s. 
If any Confidential Information contains both CI 
Materials and another category of Confidential Information, the 
information shall be handled in accordance with the CI Materials 
provisions of this Protective Order. 
t. 
Confidential Information shall not be used by any 
member of the defense team, in any way, in any other matter, absent 
an order by this Court.  All materials designated subject to the 
Protective Order maintained in the Defense Team’s files shall remain 
subject to the Protective Order unless and until such order is 
modified by this Court.  Within 30 days of the conclusion of 
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appellate and post-conviction proceedings, defense counsel shall 
return CI Materials to the government or certify that such materials 
have been destroyed.  Upon request by the government, defense 
counsel shall return all PII Materials and Access Device Materials, 
certify that such materials have been destroyed, or certify that 
such materials are being kept pursuant to the California Business 
and Professions Code and the California Rules of Professional 
Conduct.   
u. 
In the event that there is a substitution of counsel 
prior to when such documents must be returned, new defense counsel 
must be informed of, and agree in writing to be bound by, the 
requirements of the Protective Order before defense counsel 
transfers any Confidential Information to the new defense counsel.  
New defense counsel’s written agreement to be bound by the terms of 
the Protective Order must be returned to the Assistant U.S. Attorney 
assigned to the case.  New defense counsel then will become the 
Defense Team’s custodian of materials designated subject to the 
Protective Order and shall then become responsible, upon the 
conclusion of appellate and post-conviction proceedings, for 
(1) returning to the government, certifying the destruction of, or 
retaining pursuant to the California Business and Professions Code 
and the California Rules of Professional Conduct all PII Materials 
or Access Device Materials; and (2) returning to the government or 
certifying the destruction of all CI Materials. 
v. 
Defense counsel shall advise defendant and all 
members of the Defense Team of their obligations under the 
Protective Order and ensure their agreement to follow the Protective  
// 
 
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#:1937

 
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Order, prior to providing defendant and members of the Defense Team 
with access to any materials subject to the Protective Order.  
IT IS SO ORDERED. 
 
 
 
 
 
DATE 
 
HONORABLE STEPHEN V. WILSON 
UNITED STATES DISTRICT JUDGE 
 
Presented by: 
 
 
     /s/ 
BRIAN FAERSTEIN 
SCOTT PAETTY 
Assistant United States Attorneys 
CHRISTOPHER FENTON 
DOJ Trial Attorney 
 
 
Case 2:20-cr-00579-SVW     Document 219-15     Filed 03/29/21     Page 11 of 11   Page ID
#:1938

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