Declaration — USA v. Ayvazyan et al (Dkt. 264.1)

Summary

The Declaration of Scott Paetty, an Assistant United States Attorney, filed in the U.S. District Court for the Central District of California on April 7, 2021 as Document 264-1 in United States v. Richard Ayvazyan et al., Case 2:20-cr-00579-SVW. It supports the government’s ex parte application to continue the trial date and exclude time under the Speedy Trial Act. Paetty states that on April 5, 2021 he emailed defense counsel that jury summons had not yet been issued for the Western Division and that a jury did not appear possible for the May 4, 2021 trial date, and asked for their availability. It states that Michael Keough, counsel for R. Ayvazyan, replied on behalf of all defendants asking the government to dismiss the case rather than seek a second continuance. It was executed at Princeville, Hawaii, on April 7, 2021.

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DECLARATION OF SCOTT PAETTY 
I, Scott Paetty, hereby declare and state as follows: 
1. 
I am an Assistant United States Attorney with the United 
States Attorney’s Office for the Central District of California.  I 
am an attorney assigned to the case of United States v. Richard 
Ayvazyan et al., No. 20-CR-579(A)-SVW.  I make this declaration in 
support of the government’s ex parte application for entry of an 
order: (1) continuing the trial date in this matter; and 
(2) excluding time from the Speedy Trial Act calculation for 
excludable delay. 
2. 
On April 5, 2021, I emailed counsel for defendants RICHARD 
AVYAZYAN (“R. AYVAZYAN”), MARIETTA TERABELIAN, ARTUR AYVAZYAN, TAMARA 
DADYAN, MANUK GRIGORYAN, ARMAN HAYRAPETYAN, EDVARD PARONYAN, and VAHE 
DADYAN and requested that counsel meet and confer with the government 
on a proposed new trial date in this proceeding.  I explained that, 
based on the government’s understanding, jury summons had yet to be 
issued for the Western Division of the Central District of California 
as of the date of my email and, taking into account the approximate 
seven-week lead time necessary for the issuance of jury summons prior 
to trial, it did not appear possible that a jury would be available 
for the current May 4, 2021 trial date.  I requested that counsel 
apprise the government of their respective availability for trial so 
the parties could jointly propose a new trial date to the Court. 
3. 
On April 5, 2021, Michael Keough, counsel for R. AYVAZYAN, 
responded to my email stating that he was writing on behalf of all 
the defendants in the case.  In sum and substance, Mr. Keough 
requested that the government dismiss the case rather than seek a 
second continuance of the trial date.  Mr. Keough stated that if the 
Case 2:20-cr-00579-SVW     Document 264-1     Filed 04/07/21     Page 1 of 3   Page ID
#:2250

 
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government did not voluntarily dismiss the case, the defendants would 
oppose a second request for a continuance and intended to move to 
dismiss the case.  Mr. Keough further stated that should the 
government seek a second continuance over the defendants’ objection, 
defense counsel asked that the government request that trial commence 
no later than June 15, 2021.  Mr. Keough also stated that the 
defendants objected to any request to exclude additional time under 
the Speedy Trial Act.  In addition, Mr. Keough requested that the 
government identify its witnesses and trial exhibits by April 15, 
2021, regardless of whether the government seeks a second continuance 
over the defendants’ objection, stating that the defendants would 
move ex parte seeking that relief should the government not agree to 
do so.  Finally, Mr. Keough requested that the government immediately 
provide the identity of any confidential informants and evidence 
related to such individuals following discussion of confidential 
informants during the April 2, 2021 hearing in this proceeding. 
4. 
On April 6, 2021, Department of Justice Trial Attorney 
Christopher Fenton, who also represents the government in this case, 
responded to Mr. Keough’s email explaining that the government was 
seeking to meet and confer in good faith on a new trial date in light 
of the fact that trial could not take place on May 4, 2021 due to the 
apparent unavailability of a jury on that date.  Mr. Fenton explained 
that while the government sought to engage in a dialogue about a new 
trial date, the government would move ex parte to request a new trial 
date if the defendants were not amenable to such a discussion.  Mr. 
Fenton also explained that the government previously provided 
discovery regarding a confidential informant on March 12 and 13, 
2021, provided the name of that confidential informant, and stated 
Case 2:20-cr-00579-SVW     Document 264-1     Filed 04/07/21     Page 2 of 3   Page ID
#:2251

 
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that the government had produced the additional discovery within its 
possession regarding that confidential informant earlier in the day 
on April 6, 2021. 
5. 
As of the time of this filing on April 7, 2021, the 
government has not received a response from the defense to Mr. 
Fenton’s email described above. 
I declare under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct and that 
this declaration is executed at Princeville, Hawaii, on April 7, 
2021. 
 
 
 
SCOTT PAETTY 
 
Case 2:20-cr-00579-SVW     Document 264-1     Filed 04/07/21     Page 3 of 3   Page ID
#:2252

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