Exhibit 1 — USA v. Ayvazyan et al. (Dkt. 276-1, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 276-1 · 2021-04-09 · Docket on CourtListener

Full text

EXHIBIT 1 
(March 25, 2021 Hearing Transcript) 
Case 2:20-cr-00579-SVW     Document 276-1     Filed 04/09/21     Page 1 of 29   Page ID
#:2339

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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES DISTRICT COURT 
CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION 
HONORABLE MARIA A. AUDERO, U.S. MAGISTRATE JUDGE 
 
UNITED STATES OF AMERICA, 
)
                  
 )
                PLAINTIFF, 
)
                                )
          vs. 
  ) No. CR 20-0579-SVW-6
                                )
ARMAN HAYRAPETYAN,                    
)
 
)
               DEFENDANT. 
)
________________________________)
REPORTER'S TRANSCRIPT OF PROCEEDINGS 
THURSDAY, MARCH 25, 2021 
2:10 P.M. 
LOS ANGELES, CALIFORNIA 
____________________________________________________________
CHIA MEI JUI, CSR 3287, CCRR, FCRR 
FEDERAL OFFICIAL COURT REPORTER 
350 WEST FIRST STREET, ROOM 4311 
LOS ANGELES, CALIFORNIA 90012  
cmjui.csr@gmail.com 
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
APPEARANCES OF COUNSEL:  
FOR THE PLAINTIFF: 
 
   OFFICE OF THE UNITED STATES ATTORNEY
   BY: BRIAN FAERSTEIN
   ASSISTANT U.S. ATTORNEY
   312 NORTH SPRING STREET 
   13TH FLOOR
   LOS ANGELES, CALIFORNIA 90012
   (213) 894-2434 
FOR THE DEFENDANT: 
   TAHMAZIAN LAW FIRM, P.C.
   
   BY:  JILBERT TAHMAZIAN, ATTORNEY AT LAW
        1518 WEST GLENOAKS BOULEVARD
   GLENDALE, CALIFORNIA 91201
        (818) 242-8201
ALSO PRESENT:
   ASBED POGARIAN, ARMENIAN INTERPRETER 
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
LOS ANGELES, CALIFORNIA; THURSDAY, MARCH 25, 2021 
2:10 P.M. 
- - -  
THE CLERK:  Calling CR 20-579, United States of
America versus Arman Hayrapetyan.
Appearances, please.
MR. FAERSTEIN:  Good afternoon, Your Honor.
Brian Faerstein on behalf of the United States.
THE COURT:  Good afternoon, Mr. Faerstein.
MR. TAHMAZIAN:  Good afternoon, Your Honor.
Jilbert Tahmazian on behalf of Mr. Hayrapetyan.
THE COURT:  Good afternoon, Mr. Tahmazian.  For
some reason the documents that I have here say that he
was -- Mr. -- the defendant was going to be represented by
Jilbert Hayrapetyan.  Is that not the case?
MR. TAHMAZIAN:  They made a mistake, Your Honor.
THE COURT:  Okay.
MR. TAHMAZIAN:  They put his name with my last
name.
THE COURT:  Okay.  Got it.  Well, thank you.  Good
afternoon, Mr. Tahmazian, and good afternoon,
Mr. Hayrapetyan.  Okay.
THE DEFENDANT:  Good afternoon.
THE COURT:  Do we have need for consular
notification?  I see that he is an Armenian citizen.
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
MR. FAERSTEIN:  We do, Your Honor, and the case
agent has notified the Armenian consulate.
THE COURT:  Thank you.
Sir, is your true and correct name Arman
Hayrapetyan?
THE DEFENDANT:  Yes.
THE COURT:  Do we have an interpreter here?
THE INTERPRETER:  Yes, Your Honor.
THE COURT:  Perhaps we should get the interpreter
identified for the record.
THE INTERPRETER:  Interpreter name is Asbed
Pogarian.  Oath is on file.   
THE COURT:  Okay.  I'm sorry, but I can hardly
hear you.  Can you speak up a little bit or turn up the
volume or something.
THE INTERPRETER:  How is it now?  Can you hear me
now?
THE COURT:  Barely, but just speak loud enough to
get your name on the record, and that's all we need.
THE INTERPRETER:  Okay.  Asbed Pogarian.
THE COURT:  Okay.
THE INTERPRETER:  Did you hear that?
THE COURT:  I did.
THE INTERPRETER:  Okay.  Good.
THE COURT:  Mr. Hayrapetyan, I see that you are
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
being assisted by an Armenian language interpreter.  Is that
correct?
THE DEFENDANT:  Yes.
THE COURT:  Do you understand the translation
that's being provided to you, sir?
THE DEFENDANT:  At this moment, yes.
THE COURT:  If at any point during our proceedings
you cease to either understand the translation or hear your
interpreter, would you please let me know right away?  Do
you agree on that?
THE DEFENDANT:  Yes.
THE COURT:  Okay.  Thank you very much.  So let me
start again.
Sir, is your true and correct name Arman
Hayrapetyan?
THE DEFENDANT:  Yes.
THE COURT:  Okay.  Mr. Hayrapetyan, I have here a
document through which you have waived your right to appear
in person in court and instead have consented to appearing
via video teleconference, which is what we are doing right
now.  This document has been signed for you by perhaps your
attorney.
Did you authorize your attorney to sign this
document for you, sir?
THE DEFENDANT:  I have spoken through the
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
interpreter, but I haven't directly spoken to the attorney.
THE COURT:  Counsel, were you authorized to sign
this document on his behalf?
MR. TAHMAZIAN:  We talked yesterday.  Maybe he
forgets, Your Honor, about this process.  I indicated I will
be signing documents on his behalf.  Maybe he forgot.
THE COURT:  Mr. Hayrapetyan, do you remember now
that you allowed -- you authorized your attorney to sign
this document on your behalf?
THE DEFENDANT:  Yes.  Yes.
THE COURT:  All right.  Before you did that, sir,
did you have an opportunity to speak with your attorney
about what it means to waive your right to be present in
person in court?
THE DEFENDANT:  Yes.  He explained.
THE COURT:  Okay.
THE DEFENDANT:  Because of Coronavirus.
THE COURT:  Do you understand what it means to
waive these rights?
THE DEFENDANT:  Of course, yes.
THE COURT:  And with that understanding, do you
still wish to waive those rights, sir?
THE DEFENDANT:  Yes.  But if there is a need, then
I mean, I can be there.
THE COURT:  No.  Yes or no is good enough.  Do you
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
still agree to waive those rights?
THE DEFENDANT:  Yes.  Yes, I agree.
THE COURT:  Mr. Tahmazian, is this your signature
indicating that you concur with this waiver?
MR. TAHMAZIAN:  That's correct, Your Honor.
THE COURT:  All right.  Thank you.  
The Court finds the waiver to be knowing and
voluntary and accepts it as such.
Mr. Hayrapetyan, I have here a document entitled
Advisement of Defendant's Statutory and Constitutional
Rights.  That has been signed for you.
Did you authorize your attorney to sign this
document on your behalf?
THE DEFENDANT:  Yes.
THE COURT:  Before you did that, was this document
translated to you into the Armenian language?
THE DEFENDANT:  Yes, of course, yes.
THE COURT:  And did you understand that
translation, sir?
THE DEFENDANT:  Yes.
THE COURT:  And do you understand that this
document contains a list of your statutory and
constitutional rights?
THE DEFENDANT:  Yes.
THE COURT:  And do you understand the --
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
[Sound on audio.]
THE DEFENDANT:  Could you repeat that, Your Honor.
There was a sound.
THE COURT:  Sure.  And do you understand those
rights?
THE DEFENDANT:  Yes, of course.
THE COURT:  Okay.
And for the interpreter, did you translate this
document into the Armenian language for Mr. Hayrapetyan?
THE INTERPRETER:  Yes, I did, Your Honor.
THE COURT:  Thank you.  
Counsel, Mr. Tahmazian, is this your signature
indicating that you satisfied yourself that your client
understands his rights?
MR. TAHMAZIAN:  Yes, it is, Your Honor.
THE COURT:  All right.  Thank you.
Mr. Hayrapetyan, the government is proceeding
against you by way of a Superseding Indictment A.  Have you
had an opportunity to review that charging document?
THE DEFENDANT:  Yes.  The interpreter read it for
me.  However, I do not accept all the accusations.
THE COURT:  Although -- what?
THE DEFENDANT:  Although I do not accept all the
accusations.
THE COURT:  Fair enough.  Fair enough.
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Without admitting or denying the allegations
contained in the Superseding Indictment A, do you understand
the nature of the charges that are being brought against
you, sir?
THE DEFENDANT:  Yes, I understand.
THE COURT:  Okay.
THE DEFENDANT:  To some extent I understand.
THE COURT:  Thank you.  All right.
Let's proceed to a bond determination.  What is
the government seeking, and what is the proffer?
MR. FAERSTEIN:  The government is seeking
detention, and we're proffering the First Superseding
Indictment as well as the Pretrial Services report including
pretrial's recommendation of detention.
THE COURT:  Is the government seeking detention on
the basis of both risk of nonappearance and danger to the
community?
MR. FAERSTEIN:  We are primarily seeking detention
on the basis of risk of nonappearance as well as flight but,
yes, risk of nonappearance, Your Honor.
THE COURT:  You are not seeking it based on danger
to the community?
MR. FAERSTEIN:  I will make an abbreviated
argument with respect to danger to the community, but the
central focus of my argument will be based on risk of
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
nonappearance.
THE COURT:  Does the defendant accept the
government's proffer?
MR. TAHMAZIAN:  Are you asking me, Your Honor?  
THE COURT:  Yes.
MR. TAHMAZIAN:  By accepting the proffer -- I
accept that, yes.
THE COURT:  And what is the defendant's position,
and what does the defendant proffer?
MR. TAHMAZIAN:  If I may, Your Honor --
THE COURT:  I don't want argument.
MR. TAHMAZIAN:  We are asking for the Court to
allow my client to sign a bond, appearance bond without
justification, by himself from 50- to $75,000, surrender his
passport to the Pretrial Services, and to abide by any other
terms that is imposed by the Pretrial Services while he is
on release.
THE COURT:  What does the defendant proffer?
MR. TAHMAZIAN:  Same as mine.
THE COURT:  Same as what?
MR. TAHMAZIAN:  You mean proffering as to the
facts?
THE COURT:  What evidence are you proffering?
MR. TAHMAZIAN:  I am proffering my argument based
on the evidence in front of Your Honor if I may just --
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
THE COURT:  The Pretrial Services report?
MR. TAHMAZIAN:  Yes.
THE COURT:  But not its recommendation?
MR. TAHMAZIAN:  Not the recommendation, but I
would like to elaborate on that.
THE COURT:  You will.  You will get a chance.  I
just want to know what you proffer to make sure that they
accept it.
MR. TAHMAZIAN:  My proffer would be based on the
information contained within the report, Your Honor.
THE COURT:  Okay.  Thank you.
If I could hear from the government, please.
MR. FAERSTEIN:  Yes, Your Honor.
I will note that this is the same case as what was
in front of Your Honor a couple of weeks ago following a --
the unsealing of the First Superseding Indictment in this
case and the arrests of three other new defendants on
March 11th.  And on that date, agents also sought to arrest
the defendant, Mr. Hayrapetyan, and went to two separate
locations and were unable to find him.
We are -- the defendant -- this comes from the
Pretrial Services report -- he's not a U.S. citizen.
According to him, he's -- his visa expired.  It's unclear
whether or not that is, in fact, the case.  
But according to the Pretrial Services report, his
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
whole life is in Armenia.  He emigrated here just two years
ago.  His wife, his daughter, sister, his parents -- they
all live in Armenia.  He just visited there last year for
four months.  He's got no property to post here.  He's got
no one that can co-sign the bond as a surety.  
The government was informed that the defendant was
intending to surrender this past Monday, and here we are on
Thursday, and there is still no one that he can identify
that would be willing to vouch for him here in court on any
type of bond.  
It's extremely concerning to the government in
connection with the charges in this case.  
As I mentioned, the defendant was just in Armenia
last year from May to September.  And the timing of that
trip is significant in the context of the charges in this
case.  
As alleged in the First Superseding Indictment,
the defendant was engaged in a very extensive conspiracy to
use fake and stolen identities of both individuals and
businesses to apply for Payment Protection Program loans and
other COVID-19 related disaster relief loans last year.  
And the defendant's alleged conduct, at least just
in the overt acts of the Indictment, involved allegedly
stealing the identities of two separate people as well as
their businesses and submitting fraudulent loan, PPP loan,
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
applications and reaping hundreds of thousands of dollars.  
There are only two specific overt acts -- two
specific loan applications alleged in the overt acts, but
there are many others that are directly tied to the
defendant as noted in paragraph 32 of the First
Superseding Indictment which speaks to at least over 150
separate fraudulent loans.  
He's not directly involved in all 150 but -- in
the significant number, and he is alleged as being involved
in the scheme from Day 1.  
Now, the conduct that's alleged in the
Superseding Indictment as to the defendant took place
directly in April and May, and it preceded directly his trip
to Armenia for four months.  And thus as alleged, at least,
in the overt acts, he obtained over $300,000 in fraudulent
loan proceeds and then was off to Armenia; but, again, that
number is much larger.
The defendant as alleged also opened up numerous
bank accounts using the names of the stolen businesses and
individuals and used those bank accounts for purposes of
funneling the proceeds from the fraudulent loans.  And these
are all -- this is -- these are all allegations, as the
government acknowledges, but they are serious.
Now, with respect to the consequences in this
case, the defendant is alleged or is charged with an
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
aggravated identity theft count which carries a 2-year
mandatory minimum as well as he is charged in all of the
other substantive counts:  The conspiracy to commit bank and
wire fraud which carries a 30-year stat max, 8 counts of
bank fraud, 12 counts of wire fraud, money laundering
conspiracy; and by the government's rough guidelines
calculations, he is facing a very significant advisory
guidelines range in this case, just -- 135 to 168 months
just on the substantive counts not including the 24 months
that would run consecutive.
So given the complete lack of ties to this
jurisdiction and having no one or anything to provide
assurances that he will show up -- the government
acknowledges that he surrendered here today after indicating
he would on Monday; but that calculus, in our view, could
easily change tomorrow or anytime before he is facing the
music in this case.  And we have significant concerns that
the calculus will change given everything is over in
Armenia.
And so we agree with Pretrial that detention -- at
this stage, detention is necessary in this case.
Now, with respect to the safety of the community,
I would just note that, as I have mentioned as alleged in
the Indictment, the defendant stole at least two different
peoples' identities and their businesses' identities for use
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
in loan applications as well as opening bank accounts.  We
believe he does pose an economic danger to the community
particularly if there is nothing holding him accountable to
some type of conditions of release in this case.
Thus, the government on that basis, both flight
risk and nonappearance as well as economic danger, believes
that detention is necessary in this case and there is no
condition or combination of conditions that would assure the
safety of the community as well as his appearance in the
case.
THE COURT:  Thank you, sir.
Mr. Tahmazian.
MR. TAHMAZIAN:  Thank you, Your Honor.  
In March 2019, the defendant left his country and
came to U.S. to start the process of establishing a better
life for his family -- his wife and child.  He arrived here
legally.  He applied for the appropriate visas, B1 and B2.
He received the approval of such visas.  
And at that time because he hadn't seen his
parents, two elderly people who are ill, and the children
and child and wife for some time, he sought permission to be
able to leave the country for a few months to visit with
them and then come back again.
That's the reason why he left the country from May
until September, and he had permission to do so and come
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
back on his visa.
His visa is not about to expire.  It's for ten
years.  He's been granted that, and he's about to convert
that into a legal residency Green Card, Your Honor.
This is a man, Your Honor, who came here with the
intentions to build a life for his family.  In fact, last
November, when he was given permission to allow -- to apply
for the bringing up his wife and child to this country,
that's exactly what he did.  
And at that time he was living with a friend at a
different address.  So in order to get prepared for this
event, because he's expecting the approval for his wife and
child to come here, he rented a location at 706 on Fischer
and started living there and paying for that.
He's got two jobs, Your Honor.  He is working day
and night.  He's making about $4,400 a month, amount of
money that he couldn't even nearly make if he was in Armenia
right now based on the condition.  He would be lucky to make
$200 a month living in Armenia, and he doesn't want to go
back there.  
The specific indication and the strongest argument
that I have to Your Honor about this man's intentions seeing
this case through and with the intention that he is going to
stay in this country is the following:  That when he was
given information about a visit by the agent to the previous
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
location that they're looking for him, he contacted and
retained the services of my offices.  And on Monday I
contacted the U.S. attorney to advise them that I am
prepared, I am retained, I am arranging for full retainment
so I can bring him in.
It is very accurate and correct the government
insisted that I bring him in the next day, and I told him,
based on my trial schedule and hearings, I would like to
bring him in on Thursday morning, and the government was
gracious enough to allow me to do that.  And I met that
commitment, Your Honor, and he met that commitment,
Your Honor.  He was here this morning at 8:00 o'clock sharp
and surrendered himself.  
He's told everyone around him, some of his
friends, his employer who was interviewed by the
Pretrial Services of this problem, and he intends to fight
this thing all the way to the end and see this case through,
Your Honor.  
I cannot be any more certain, any more positive
about my argument to Your Honor that his conduct clearly
indicates that he intends on seeing this case through and he
has no intention of going back to the country.
He is willing to surrender his passport.  He is
willing to be on house arrest.  He is willing to be on GPS
monitoring, and he is going to continue to pursue his legal
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
rights by way of immigration to continue to bring his wife
and child to this country.
I wish that he had already done that and approved
and his wife was here.  I would be able to present his wife
as a second surety to sign for a bond for him just like all
the other defendants have done, Your Honor.  
Some of the defendants have had bonds of $50,000
without surety, but they are lucky enough to be able to have
a third party sign for them because they have family members
here and they have lived here for a long time.
As far as the other defendants are concerned,
Your Honor, the Court can see and the government knows that
the other defendants, most of them, have applied for
purchasing expensive homes, for applying for expensive loans
and living a lavish life, but my client is not in that
nature.  
In fact, he is a military man as stated in the
report.  And if I were to address the Indictment right now
and try to oppose it, I will be failing very miserably
because I have not seen the discovery that the government
has.
However, Your Honor, the fact of the matter is
that, in the report that was prepared by the
Pretrial Services, is a clear indication that there is a
clear rebuttal to his risk of nonappearance, Your Honor.
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#:2357

    19
CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
The Pretrial Services indicates that he has an
Armenian passport and foreign travel history.  Well, the
Court can take the passport away from him and hold on to it
until this case is over.
Foreign travel.  I have already explained to
Your Honor the reason he traveled because the first time he
had permission to go and come back because his visa and his
residency was approved in this country, but he went and came
back, Your Honor.
He has no bail resources.  He can't help that.  He
is new here, Your Honor, and all he can do is vouch for
himself.  
Partially verified background information.  I
provided that information through his employer [beeping
noise] Miss Yakarian (phonetic) who is a very pleasant lady.
She's indicated that his job will be available upon release
and he will continue to work for her for so long as this
case is pending and beyond that. 
Family ties to Armenia and no family ties to
the -- directly in this district, Your Honor.  Well, the
only family he's got he's applied for and [beeping nose]
here.  
All the indications, Your Honor, is this defendant
is working his way into staying here, not to leave this
country -- the job, the money he is making, the financial
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Case 2:20-cr-00579-SVW     Document 276-1     Filed 04/09/21     Page 20 of 29   Page ID
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
support he is providing to his family members in Armenia
from here, sending money to his sister's children, sending
money for family members and yet continuing to work two jobs
here to survive.  
And then when he hears about the Indictment, he
comes to an attorney.  I went through the Indictment with
him completely, Your Honor.  I explained to him what he is
facing.  
I told him what the overt acts are, and I told him
what could happen if he ends up losing this case, which is
jail, Your Honor.  
And after all that discussion, he still
self-surrendered, Your Honor, an act that clearly should not
be unseen or forgotten as an indication that he is not in
any form or shape a flight risk, Your Honor.
Your Honor, the government used the word that now
that he is facing the music and he is released things could
change.  He's already faced the music, Your Honor.
He was contacted by a federal agent.  He read the
Indictment.  He saw the people that were arrested.  He saw
what happened to other people who were arrested at least on
bond.  He realized that he is facing a very serious charge,
and he still kept his promise to come in on Thursday morning
and surrender himself.
I would ask the Court to please consider allowing
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Case 2:20-cr-00579-SVW     Document 276-1     Filed 04/09/21     Page 21 of 29   Page ID
#:2359

    21
CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
this defendant to be released on conditions that the Court
will be satisfied by allowing him to sign a surety bond
without justification for himself of 50- to $75,000 and give
me -- send the passport to the Court and continue with his
livelihood, with his work to be able to support his family
in Armenia financially while he is here until this case is
resolved, Your Honor.  
Submitted.
THE COURT:  Okay.  Does the government have
final -- any last very brief words?
MR. FAERSTEIN:  Yes, Your Honor, one thing I
alluded to which I should just state.
With respect to the allegations regarding the
stealing of identities, that also feeds into the
government's significant concerns about potential flight in
this case and being able to use that or evade law
enforcement and get back to Armenia where his whole life is.
Just in terms of Mr. Tahmazian mentions that
defendant contacted us through Mr. Tahmazian on Monday, we
mentioned or said he needs to turn himself in immediately,
the only reason we agreed to Thursday is because we thought
we had had some agreement as to a bond package and that --
we understand it's not something that he can come up with,
and we have great concerns, as I have mentioned, without any
type of assurances from a bond package.  
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Case 2:20-cr-00579-SVW     Document 276-1     Filed 04/09/21     Page 22 of 29   Page ID
#:2360

    22
CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
To the extent there is any delay in our getting
him into court, it was because we had a different
understanding as to what today would be.
But with that, I submit, Your Honor.
MR. TAHMAZIAN:  If I may very briefly respond to
that, Your Honor.
THE COURT:  Very briefly, please.
MR. TAHMAZIAN:  The request to turn him on
Thursday was my request because of my timing and my
hearings.
The government did send me a proposed bail
recommendation.  The only condition that I couldn't meet --
and I tried -- was the request for the $125,000 bond by a
third party secured by a property after that.
Unfortunately -- I tried, and I couldn't meet that
because of the fact that my client's family members are not
here.
Otherwise, I am -- the only other concern I have
was because his involvement with his conspiracy, in my
opinion, is in a lower grade and the government was asking
for a higher bond than set by most of these people who were
actually arrested but who did not surrender on their own.
They were picked up and brought to court, Your Honor.
Submitted.
THE COURT:  Well, I share the government's concern
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    23
CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
about risk of flight, especially with the nature of the
allegations being the assumption of other people's
identities.
So with that, I do agree there is a possibility
that that could be used to skirt the -- any limitations on
my -- the Court's retention of the passport, et cetera.
So -- and I just don't see any way around that.
And an unsecured appearance bond by someone who
you are telling me really is here just starting his life, I
don't know if he has any resources at all.
So I am going to -- the Court finds that there is
a risk of nonappearance for the following reasons as stated
in the Pretrial Services report as well as is argued by the
parties:  He has an Armenian passport; foreign travel
history, recent; no bail resources; partially verified
background information; all of his family is in Armenia; and
he has got no family ties to this district.  
So for those reasons the Court finds there is no
condition or combination of conditions that reasonably will
assure the appearance of the defendant at future
proceedings; and, on that basis, the Court orders the
defendant detained and remanded to the custody of the
U.S. Marshal.
MR. TAHMAZIAN:  May I inquire as to one thing?
THE COURT:  I'm sorry?
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Case 2:20-cr-00579-SVW     Document 276-1     Filed 04/09/21     Page 24 of 29   Page ID
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    24
CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
MR. TAHMAZIAN:  May I inquire as to one issue?
If the defendant was able to secure a third party
to sign for a bond that's without justification, would that
alleviate some of the concerns the Court has?  That being
the case, I would ask for brief continuance to try to
accomplish that task.
THE COURT:  Why don't we do this.  This is all
without prejudice.  You can always come back.  This case has
already been assigned to a district judge; so you can take
it up with the district judge.  
If he sends it back it to me, I am happy to deal
with it.  But for now he is detained.  And we'll revisit it
whenever you need.  This is completely without prejudice.
Okay.  This case has been assigned to
The Honorable Stephen V. Wilson who sits in Courtroom 10A
which is on the tenth floor of the First Street courthouse
located at 350 West First Street, Los Angeles, California.
Judge Wilson has requested that we take the
defendant's not guilty plea.
Counsel, how does your client intend to plead?
MR. TAHMAZIAN:  Not guilty, Your Honor.
THE COURT:  Thank you very much.
Mr. Munoz, if you could please take the
defendant's plea.
THE CLERK:  Arman Hayrapetyan, how do you plead to
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    25
CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
the charges?
THE DEFENDANT:  I don't -- I have no idea what has
happened.  I am just a military man.  I -- I am against such
activities.  So if someone doesn't know the language, how
can he be involved in such actions?
THE COURT:  Mr. Hayrapetyan, let me stop you
there.  The only thing that we are asking here is for you to
plead.  And so the question is do you plead guilty or not
guilty?
THE DEFENDANT:  Not guilty.
THE COURT:  Okay.  All right.  This case has been
assigned to a jury trial on May 18, 2021, at 9:00 A.M.  The
parties are referred to Judge Wilson's procedures and
schedules to obtain a copy of the judge's discovery order
located on the court's Website.
MR. FAERSTEIN:  May I interject for a moment?
With respect to the trial date, there are seven other
defendants in this case, and they all have now a
May 4th trial date.  
And I don't know whether just because of the dates
at this point it's not possible to set the same trial date
which may or may not get moved given what's going on with
COVID.  But to the extent that there isn't any restriction
on the same trial date being set, that may make things
easier for all of the parties.
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    26
CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
THE COURT:  Okay.  Well, thank you for that
information, but this is all I have.  So I am putting it on
the record, and you folks can work it out as needed.
MR. FAERSTEIN:  Okay.  Thank you, Your Honor.
THE COURT:  All right.  So in compliance with
Rule 5, the prosecution is reminded that in all criminal
proceedings the prosecutor is ordered to comply with the
disclosure obligations under Brady V. Maryland 373 U.S. 83,
1963, and its progeny and is reminded of the possible
consequences of not doing so including exclusion of
evidence, adverse jury instructions, dismissal of charges,
contempt, referral to a disciplinary authority, and
sanctions.
Anything else for the parties?
MR. TAHMAZIAN:  Thank you, Your Honor.
MR. FAERSTEIN:  One final thing, Your Honor, if I
could just inquire of Mr. Tahmazian whether he will be
seeking discovery under Rule 16 because we can produce --
start producing discovery later today if he will be making
that request.
MR. TAHMAZIAN:  I am making that request.
MR. FAERSTEIN:  Thank you.
THE COURT:  Okay.  Anything else?
Have I missed anything, Mr. Munoz?
THE CLERK:  No, Judge.
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
THE COURT:  Thank you, folks.
MR. TAHMAZIAN:  Thank you, Your Honor.  Thank you
for the Court's time.
THE COURT:  Thank you.
(Proceedings concluded at 2:43 p.m.)
--oOo-- 
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CHIA MEI JUI, CSR 3287, CCRR, FCRR
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CERTIFICATE 
I hereby certify that pursuant to Section 753, 
Title 28, United States Code, the foregoing is a true and
correct transcript of the stenographically reported
proceedings held in the above-entitled matter and that the
transcript page format is in conformance with the
regulations of the Judicial Conference of the United States.
Date:  April 8, 2021.
  /S/ CHIA MEI JUI _______
Chia Mei Jui, CSR No. 3287
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Case 2:20-cr-00579-SVW     Document 276-1     Filed 04/09/21     Page 29 of 29   Page ID
#:2367

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