STIPULATION for Order Pursuant to Rule 502(d) filed by Plaintiff USA as to Defendant… — USA v. Ayvazyan et al (Dkt. 466)

Summary

A Stipulation for Order Pursuant to Fed. R. 502(d), filed in the U.S. District Court for the Central District of California on June 9, 2021 as Document 466 in United States of America v. Richard Ayvazyan, et al., Case 2:20-cr-00579-SVW. The government, through Bennett P. Starnes of the Fraud Section’s Special Matters Unit, and each defendant through counsel, including Thomas A. Mesereau, Jr., Fred G. Minassian, Michael Freedman, Peter Johnson, Jilbert Tahmazian and John David Hanusz, stipulate to its terms. It recites that the initial defendants were charged on November 17, 2020 and that in November 2020 the government set up a Filter Team to review evidence sources possibly containing privileged material, segregate it from the prosecution team and handle its disclosure to the defendants. The stipulation is seven pages.

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TRACY L. WILKISON 
Acting United States Attorney 
BRANDON D. FOX 
Assistant United States Attorney 
Chief, Criminal Division 
 
DANIEL S. KAHN 
Acting Chief, Fraud Section 
Criminal Division, U.S. Department of Justice 
 
BENNETT STARNES 
Attorney, Special Matters Unit, Fraud Section 
Criminal Division, U.S. Department of Justice 
1400 New York Avenue NW 
Washington, DC 20530 
Telephone: (202) 616-2684 
Facsimile: (202) 514-0152 
E-mail: 
Bennett.Starnes@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, 
aka “Edvard Paronian” and 
    “Edward Paronyan,” and 
VAHE DADYAN, 
 
Defendants. 
 No. CR 20-579(A)-SVW 
 
STIPULATION FOR ORDER PURSUANT  
TO FED. R. 502(D)  
 
  
 
Case 2:20-cr-00579-SVW     Document 466     Filed 06/09/21     Page 1 of 7   Page ID
#:5470

 
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Plaintiff United States of America (the “Government”), by and 
through its counsel of record, the Fraud Section of the United States 
Department of Justice; defendant RICHARD AYVAZYAN, by and through his 
counsel 
of 
record, 
Nicholas 
P. 
Silverman; 
defendant 
MARIETTA 
TERABELIAN, by and through her counsel of record, John Lewis Littrell 
and David D. Diamond; defendant ARTUR AYVAZYAN, by and through his 
counsel of record, Thomas A. Mesereau, Jr.; defendant TAMARA DADYAN, 
by and through her counsel of record, Fred G. Minassian; defendant 
EDVARD PARONYAN, by and through his counsel of record, Michael 
Freedman; defendant VAHE DADYAN, by and through his counsel of record, 
Peter Johnson; defendant ARMAN HAYRAPETYAN, by and through his counsel 
of record, Jilbert Tahmazian, and defendant MANUK GRIGORYAN, by and 
through his counsel of record, John David Hanusz (collectively, the 
“defendants”) (collectively with the United States, the “parties”) 
hereby stipulate as follows: 
 
1. On November 17, 2020, defendants RICHARD AYVAZYAN, MARIETTA 
TERABELIAN, ARTUR AYVAZYAN, and TAMARA DADYAN (“INITIAL DEFENDANTS”) 
were charged with one count of conspiracy to commit bank and wire 
fraud, four counts of bank fraud, and six counts of wire fraud.  RICHARD 
AYVAZYAN was also charged with one count of aggravated identity theft.  
(ECF 32.)   
The Government superseded its Indictment on March 9, 2021.  (ECF 
154.)  The First Superseding Indictment added four defendants - MANUK 
GRIGORYAN, ARMAN HAYRAPETYAN, EDVARD PARONYAN, and VAHE DADYAN (“ADDED 
DEFENDANTS”).  They were each charged with one count of conspiracy to 
commit wire fraud and bank fraud and one count of conspiracy to commit 
money laundering. GRIGORYAN, HAYRAPETYAN, and PARONYAN were each also 
Case 2:20-cr-00579-SVW     Document 466     Filed 06/09/21     Page 2 of 7   Page ID
#:5471

 
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charged with 11 counts of wire fraud and eight counts of bank fraud. 
In addition, GRIGORYAN and HAYRAPETYAN were each charged with one count 
of aggravated identity theft. VAHE DADYAN was charged with six counts 
of wire fraud, three counts of bank fraud, and one count of money 
laundering. 
The First Superseding Indictment also charged INITIAL DEFENDANTS 
R. AYVAZYAN and TAMARA DADYAN with new crimes they committed while on 
pretrial release through January and February 2021.   
 
2. In November 2020, the Government established a Filter Team in 
this matter to review evidence sources identified as possibly 
containing privileged material, segregate potentially privileged 
material from the prosecution team, and handle disclosure of that 
segregated material to the defendants in this matter.   
The Filter Team consists of attorneys and support staff from the 
Special Matters Unit in the U.S. Department of Justice, Criminal 
Division’s Fraud Section (the “SMU”).  The SMU is a non-prosecuting 
unit tasked with handling matters involving privilege and ethics and 
is separate from the Fraud Section’s prosecuting units.  The Filter 
Team has a separate reporting and supervisory chain from the 
Prosecution Team in this case. 
 
3. The Prosecution Team referred four phones, one laptop, one iPad 
and four paper documents to the Filter Team for review.  The Filter 
Team retained material identified as potentially privileged from: 1B17 
- Apple iPhone 11, belonging to ARTUR AYVAZYAN, 1B21 - Apple iPhone X 
belonging to TAMARA DADYAN, 1B81 - Apple iPhone belonging to MARY 
ABELIAN, 1B85 - Apple iPhone 7 belonging to RICHARD AYVAZYAN, 1B95 - 
Case 2:20-cr-00579-SVW     Document 466     Filed 06/09/21     Page 3 of 7   Page ID
#:5472

 
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Omen Laptop belonging to RICHARD AYVAZYAN, Three (3) Paper Documents 
seized during premises searches. 
   
4. To date, the Government has produced a complete forensic copy 
of any data extracted from the four phones and the laptop to the INITIAL 
DEFENDANTS, which would include all material on those devices, both 
potentially privileged and non-potentially privileged.  The Government 
has also separately produced all non-potentially privileged material 
contained in the four phones and the laptop to both the INITIAL 
DEFENDANTS and the ADDED DEFENDANTS. 
 
5. On June 2, 2021, the Filter Team provided all the withheld 
material to the INITIAL DEFENDANTS, as putative privilege holders, for 
review. 
 
6. The parties seek the expeditious production of certain of the 
remaining withheld materials to the ADDED DEFENDANTS.  Counsel for the 
INITIAL DEFENDANTS has informed the parties, and by this filing informs 
the Court, that none of their respective clients intend to waive any 
privilege of any type.  
 
7. Further, the INITIAL DEFENDANTS and ADDED DEFENDANTS have 
agreed that no withheld material dated on or after the INITIAL 
DEFENDANTS’ arrest date (October 19, 2020) shall be released to the 
ADDED DEFENDANTS.   
 
8. In order to preclude any argument that the production of 
potentially privileged material following a review of the Filter 
Case 2:20-cr-00579-SVW     Document 466     Filed 06/09/21     Page 4 of 7   Page ID
#:5473

 
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Material in the manner described above results in a waiver of any 
client’s privileges, the parties hereby stipulate and agree and seek 
entry of the attached order (ATTACHMENT 1) from this Court pursuant to 
Federal Rule of Evidence 502(d), stating: 
a. 
No Waiver by Disclosure. The disclosure of the 
Potentially Protected Material will not constitute or be deemed a 
waiver or forfeiture — in this or any other action — of any claim of 
privilege or work product protection that INITIAL DEFENDANTS would 
otherwise be entitled to assert with respect to the Potentially 
Protected Material and its subject matter, or otherwise. 
b. 
Limited Use and Dissemination. Subject to the provisions 
of this Order, ADDED DEFENDANTS will be allowed access to the pre-
arrest material, but neither the ADDED DEFENDANTS, their lawyers, nor 
the Filter Team, shall be allowed to disseminate this material to the 
public or anyone outside the scope of those persons assisting 
Defendants’ attorneys.  This material shall not be disseminated to the 
Prosecution Team. 
c. 
In camera Review. Nothing in this Order limits the right 
of any party, including the Filter Team, to petition the Court for an 
in camera review of the Potentially Protected Information. 
 
 
DATE: _____________________ 
/s/ BPS per email authorization 
 
 
 
 
 
 
Nicholas P. Silverman 
 
 
 
 
 
Attorney for Defendant 
 
 
 
 
 
Richard Ayvazyan 
 
 
 
DATE: _____________________ 
/s/ BPS per email authorization 
 
 
 
 
 
 
John Lewis Littrell 
 
 
 
 
 
Attorney for Defendant 
Case 2:20-cr-00579-SVW     Document 466     Filed 06/09/21     Page 5 of 7   Page ID
#:5474

 
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Marietta Terabelian 
 
 
 
DATE: _____________________ 
/s/ BPS per email authorization 
 
 
 
 
 
 
Thomas A. Mesereau, Jr.  
 
 
 
 
 
 
 
Attorney for Defendant 
 
 
 
 
 
Artur Ayvazyan 
 
 
 
 
DATE: _____________________ 
/s/ BPS per email authorization 
 
 
 
 
 
 
Fred G. Minassian 
 
 
 
 
 
Attorney for Defendant 
 
 
 
 
 
Tamara Dadyan  
 
 
 
 
 
DATE: _____________________ 
/s/ BPS per email authorization 
 
 
 
 
 
 
Michael Freedman 
 
 
 
 
 
Attorney for Defendant 
 
 
 
 
 
Edvard Paronyan 
 
 
 
 
DATE: _____________________ 
/s/ BPS per email authorization 
 
 
 
 
 
 
Peter Johnson 
 
 
 
 
 
Attorney for Defendant 
 
 
 
 
 
Vahe Dadyan 
 
 
 
DATE: _____________________ 
/s/ BPS per email authorization 
 
 
 
 
 
 
Jilbert Tahmazian 
 
 
 
 
 
Attorney for Defendant 
 
 
 
 
 
Arman Hayrapetyan 
 
 
 
DATE: _____________________ 
/s/ BPS per email authorization 
 
 
 
 
 
 
John David Hanusz 
 
 
 
 
 
Attorney for Defendant 
 
 
 
 
 
Manuk Grigoryan 
 
 
Case 2:20-cr-00579-SVW     Document 466     Filed 06/09/21     Page 6 of 7   Page ID
#:5475

 
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DATE: _____________________ 
_/s/ BPS______________________ 
 
 
 
 
 
 
BENNETT P. STARNES 
 
 
 
 
 
Trial Attorney 
 
 
 
 
 
Fraud Section, Criminal Division 
 
 
 
 
 
United States Department of Justice 
 
Case 2:20-cr-00579-SVW     Document 466     Filed 06/09/21     Page 7 of 7   Page ID
#:5476

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