Third Application for Review/Reconsideration — USA v. Ayvazyan et al. (Dkt. 398, C.D. Cal.)

Summary

Arman Hayrapetyan's third application for review of the order detaining him, filed 06/02/21 by attorney Jilbert Tahmazian in United States v. Hayrapetyan (C.D. Cal., Case No. CR 20-579(A)-SVW-6). The motion recounts that Magistrate Judge Maria A. Audero ordered detention after Hayrapetyan self-surrendered, that Judge Wilson found him a flight risk, and that a second application was denied without a hearing. It proposes a bond package: a $75,000 unsecured bond signed by Hayrapetyan, a $75,000 unsecured bond signed by Ashot Samsonian, later replaced by a $50,000 bond with full deeding of a property. It quotes the pretrial report that the defendant has no criminal history and asks that bond be argued on the day Hayrapetyan enters his plea.

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Case 2:20-cr-00579-SVW     Document 398     Filed 06/02/21     Page 1 of 5   Page ID
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JILBERT TAHMAZIAN; 143574
TAHMAZIAN LAW FIRM P.C.
1518 West Glenoaks Blvd.,
Glendale, CA 91201

Telephone: (818) 242-8201
Facsimile: (818) 242-8246
Attorneys for Defendant,

lase 2:20-cr-00579-SVW Document 398

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ARMAN HAYRAPETYAN
UNITED STATES DISCTRICT COURT
CENTERAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, CASE NO.: CR 20-579(A)-SVW-6
NOTICE OF MOTION AND
Vs. MOTION FOR THIRD
ARMAN HAYRAPETYAN, REVIEW/RECONSIDERATION OF
ORDER SETTING CONDITIONS OF
DEFENDANT. RELEASE/DETENTION
DATE: JUNE 4", 2021
TIME: 11:30 AM
PLEASE TAKE NOTICE that on June 4", 2021, at 11:30 AM, Defendant, Arman

Hayrapetyan, by and through the undersigned Counsel of record, hereby submits the following

memorandum in support of reconsideration of detention.
Case 2:20-cr-00579-SVW     Document 398     Filed 06/02/21     Page 2 of 5   Page ID
INTRODUCTION

On March 9", 2021 the Government filed their first superseding indictment adding Arman
Hayrapetyan as a defendant to the underlying criminal conspiracy. [CR 154]. Soon after learning of
his inclusion in this indictment—and seeking my professional assistance in understanding its scope
and significance—Arman Hayrapaetyan willingly self-surrendered and appeared before the Court
on March 25", 2021. [CR 251] On that date Magistrate Judge Maria A. Audero ordered that the
Defendant be placed in detention. [CR 257] On April 7", 2021 Defendant filed his first application
for reconsideration, presenting a third-party surety without justification to sign on his behalf. [CR
263] The Government filed an opposition and a hearing was held on April 12", 2021 before the
Honorable Judge Wilson. [CR 265, 276] Judge Wilson found that the Defendant posed a flight risk
and ordered that he remain in custody. [CR 282]. On May 20", 2021 Defendant filed a second
application for reconsideration, presenting a second surety with justification. [CR 355] The
Government filed a second opposition. [CR 359]. On May 26", 2021 the Court denied the
Defendant’s second application for review without a hearing. [CR 366].

Defendant Arman Hayrapetyan now submits the following Third Application for Review of
Order setting release or detention. For the reasons set forth below, all previous applications and
exhibits contained therein, defendant’s motion should be granted.

HI

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Case 2:20-cr-00579-SVW     Document 398     Filed 06/02/21     Page 3 of 5   Page ID
I. DISCUSSION

A. DEFENDANT’S DETENTION IS NOT APPROPRIATE: HE IS NEITHER A
FLIGHT RISK NOR A DANGER TO THE COMMUNITY

a. DEFENDANT IS NOT A DANGER TO THE COMMUNITY

Though it appears that concerns regarding Defendant’s potential danger to the community
are not the root cause of his detainment, it is still worth noting that Mr. Hayrapetyan has neither a
criminal record nor a problem with substance abuse. The Pre-Trial report prepared by Probation
Officer Dalayna Ecklund, reiterates that “although the instant allegations are concerning, as they
involve a large loss amount and an economic danger to the community, the defendant has no
criminal history. Furthermore, the defendant does not have any substance abuse issues or mental
health history. Therefore, Pretrial Services believes conditions could be imposed to mitigate the risk
of danger to the community.” (PSR, pg. 5) Mr. Hayrapetyan is entirely willing to abide by any
conditions suggested by Pretrial Services to abate any concern about his potential danger to the

public.

b. DEFENDANT IS NOT A FLIGHT RISK AS HE HAS SELF SURRENDERED

AND PROPOSED NEW SURETIES.

As stated in Defendant’s previous two applications, the Defendant is willing to:

1. Sign an unsecured appearance bond for $75,000
2. Have a third party— Ashot Samsonian—sign an unsecured appearance bond for
$75,000

3. Have said appearance bond replaced by a $50,000 bond with justification full
deeding over a property in the name of Ashot Samsonian’s wife.

In order to properly appreciate why Mr. Hayrapetyan does not pose a flight risk, we must

stress the circumstances surrounding his self-surrender. The Government filed their first
Case 2:20-cr-00579-SVW     Document 398     Filed 06/02/21     Page 4 of 5   Page ID
superseding indictment on March 9", 2021. There, the Government named Arman Hayrapetyan as a
co-defendant in this multi-defendant conspiracy for the very first time. While Mr. Hayrapetyan did
not immediately receive notice of this filing, upon his actual receipt of the notice of warrant he
contacted my office. In doing so he sought to fully understand the scope of this fraud and its
associated consequences. After thoroughly and thoughtfully explaining to Mr. Hayrapetyan the
magnitude of this crime and the realities he would be facing moving forward, the defendant

willingly chose to turn himself in. The significance of this act cannot be overstated: Mr.

Hayrapetyan—knowing the repercussions that would follow his arrest—chose to turn himself into
the authorities. He has now—as he did then—fully accepted responsibility for his actions, and
conceded to a factual basis which attests to the same. There is nothing in the record that would
suggest that Mr. Hayrapetyan would flee the jurisdiction of this Court.

Prior to his self-surrender, Mr. Hayrapetyan was gainfully employed and is able to work
while awaiting his sentencing so that he may provide for his family in Armenia. He is eager to
comply with any set of conditions that Court may impose for his temporary release, including
electronic monitoring.

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Case 2:20-cr-00579-SVW     Document 398     Filed 06/02/21     Page 5 of 5   Page ID
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CONCLUSION

For the foregoing reasons, Arman Hayrapetyan, respectfully requests that this Honorable Court
grant the proposed bond package. The defense also respectfully ask that the Court grant oral

briefing/arguments for the reconsideration of the bond on the same date the Defendant enters his

plea.

Dated: June 2"4, 2021

BY:

ERT TAHMAZIAN,
Attorney for Defendant


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