GOVERNMENTS REQUEST FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF ITS SECOND EX… — USA v. Ayvazyan et al (Dkt. 274)

Summary

The government asks for leave to file a reply brief, lodged concurrently, in support of its second ex parte application to continue the trial date and exclude time under the Speedy Trial Act, in United States v. Richard Ayvazyan et al., No. CR 20-579(A)-SVW (C.D. Cal.), Document 274, filed 04/09/21. It says the reply is needed to answer two novel arguments in the defendants' opposition: a request that the Court set an April 15, 2021 deadline for the government's witness and exhibit list, and an argument for dismissal under Rule 48(b). The reply does not revisit the continuance itself. Counsel for Richard Ayvazyan objected to the request, and counsel for five other defendants also objected by email.

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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, 
 No. CR 20-579(A)-SVW 
 
GOVERNMENT’S REQUEST FOR LEAVE TO 
FILE A REPLY BRIEF IN SUPPORT OF 
ITS SECOND EX PARTE APPLICATION 
FOR (1) CONTINUANCE OF TRIAL DATE 
AND (2) FINDINGS OF EXCLUDABLE 
TIME PURSUANT TO THE SPEEDY TRIAL 
ACT 
 
GOVERNMENT’S REPLY BRIEF LODGED 
CONCURRENTLY HEREWITH 
Case 2:20-cr-00579-SVW     Document 274     Filed 04/09/21     Page 1 of 3   Page ID
#:2315

 
 
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EDVARD PARONYAN, 
aka “Edvard Paronian” and 
    “Edward Paronyan,” and 
VAHE DADYAN, 
 
Defendants. 
 
  
 
Plaintiff the United States of America, by and through its 
counsel of record, the United States Attorney for the Central 
District of California, Assistant United States Attorneys Scott 
Paetty and Brian Faerstein, and Department of Justice Trial Attorney 
Christopher Fenton, hereby seeks leave to file the concurrently 
lodged reply brief in support of its second 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. 
The government’s proposed reply brief is necessary to respond to 
certain novel arguments raised in the opposition filed by defendants 
RICHARD AYVAZYAN, MARIETTA TERABELIAN, ARTUR AYVAZYAN, and TAMARA 
DADYAN, and joined by defendants MANUK GRIGORYAN, EDVARD PARONYAN and 
VAHE DADYAN, namely, (1) defendants’ request that the Court set an 
April 15, 2021 deadline for the government to disclose its witness 
and exhibit list, and (2) defendants’ argument regarding dismissal 
under Rule 48(b) of the Federal Rules of Criminal Procedure. 
The government’s proposed reply brief does not focus on the 
government’s request for a continuance of the trial date or a 
corresponding exclusion of time under the Speedy Trial Act, as those 
issues were already addressed in the government’s previously-filed ex 
parte application. 
On April 9, 2021, the government emailed counsel for each of the 
defendants to obtain their respective positions regarding the 
Case 2:20-cr-00579-SVW     Document 274     Filed 04/09/21     Page 2 of 3   Page ID
#:2316

 
 
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government’s request for leave to file a reply brief.  Counsel for 
defendant RICHARD AYVAZYAN notified the government of his objection 
to this request on the grounds that the opposition did not raise 
issues absent from pre-motion emails with the government.  Counsel 
for defendants MARIETTA TERABELIAN, TAMARA DADYAN, MANUK GRIGORYAN, 
EDVARD PARONYAN, and VAHE DADYAN also sent emails noting their 
objection to the government’s request.   
Dated: April 9, 2021 
Respectfully submitted, 
 
TRACY L. WILKISON 
Acting United States Attorney 
 
BRANDON D. FOX 
Assistant United States Attorney 
Chief, Criminal Division 
 
 
      /s/ 
 
SCOTT PAETTY 
BRIAN FAERSTEIN 
Assistant United States Attorneys 
CHRISTOPHER FENTON 
Department of Justice Trial Attorney 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
 
 
 
 
 
 
 
 
Case 2:20-cr-00579-SVW     Document 274     Filed 04/09/21     Page 3 of 3   Page ID
#:2317

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