NOTICE OF MOTION AND MOTION in Limine to Admit Self-Authenticating Business Records… — USA v. Ayvazyan et al (Dkt. 468)

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The Government's Motion in Limine #4 to Admit Business Records Under the Self-Authentication Provision of Federal Rule of Evidence, Document 468 filed 06/09/21 in United States of America v. Richard Ayvazyan et al., No. CR 20-579(A)-SVW, in the Central District of California. The notice sets a hearing date of June 14, 2021 and a trial date of June 15, 2021 before the Hon. Stephen V. Wilson. The government says the defendants have been indicted for a ring that was using stolen, fake, and synthetic identities to fraudulently apply for COVID-19 disaster relief loans. It seeks to introduce loan files, bank records, telephone records, Internet Protocol address records, escrow records and other business records at trial, and says it gave written notice on May 20, 2021, May 28, 2021 and June 3, 2021. The motion is dated June 9, 2021.

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TRACY L. WILKISON 
Acting United States Attorney 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division 
SCOTT PAETTY (Cal. Bar No. 274719) 
CATHERINE AHN (Cal. Bar No. 248286) 
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) 894-6527/2424/3819 
Facsimile: (213) 894-6269/0141 
E-mail: 
Scott.Paetty@usdoj.gov 
 
Catherine.S.Ahn@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 
No. CR 20-579(A)-SVW 
GOVERNMENT’S MOTION IN LIMINE #4 
TO ADMIT BUSINESS RECORDS UNDER 
THE SELF-AUTHENTICATION PROVISION 
OF FEDERAL RULE OF EVIDENCE 
902(11); MEMORANDUM OF POINTS AND 
AUTHORITIES; ATTACHMENT; 
DECLARATION OF CHRISTOPHER FENTON; 
EXHIBITS 
Hearing Date: June 14, 2021 
Hearing Time: 11:00 a.m. 
Trial Date:   June 15, 2021 
Location:     Courtroom of the  
             Hon. Stephen V.  
             Wilson 
Case 2:20-cr-00579-SVW     Document 468     Filed 06/09/21     Page 1 of 6   Page ID
#:5495

 
 
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      “Anton Kudiumov,” 
ARMAN HAYRAPETYAN, 
EDVARD PARONYAN, 
aka “Edvard Paronian” and 
    “Edward Paronyan,” and 
VAHE DADYAN, 
 
Defendants. 
 
Plaintiff United States of America, by and through its counsel 
of record, the Acting United States Attorney for the Central 
District of California, Assistant United States Attorneys Scott 
Paetty, Catherine Ahn, and Brian Faerstein, and Department of 
Justice Trial Attorney Christopher Fenton, hereby files this motion 
in limine to admit business records under the self-authentication 
provision of Federal Rule of Evidence 902(11).   
This motion is based upon the attached memorandum of points and 
authorities and accompanying attachment, the attached declaration 
and accompanying exhibits, the files and records in this case, and 
such further evidence and argument as the Court may permit. 
Dated: June 9, 2021 
Respectfully submitted, 
 
TRACY L. WILKISON 
Acting United States Attorney 
 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division 
 
      /s/ 
 
CATHERINE AHN 
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 468     Filed 06/09/21     Page 2 of 6   Page ID
#:5496

 
 
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MEMORANDUM OF POINTS AND AUTHORITIES 
I. 
INTRODUCTION 
Defendants have been indicted in connection with their role in 
a Los Angeles-based ring that was using stolen, fake, and synthetic 
identities to fraudulently apply for COVID-19 disaster relief loans.  
(ECF 154.)  The detailed indictment traces the flow of stolen money, 
which defendants used to fund a luxurious lifestyle.  Defendants 
used some of the millions of dollars they stole to buy luxury homes, 
watches, diamonds, gold coins, and cryptocurrency, among other 
things. 
The government seeks to introduce certain business records at 
trial under the self-authentication provision of Federal Rule of 
Evidence 902(11), including: 
• loan files; 
• bank records; 
• telephone records; 
• Internet Protocol address records; 
• certificates of authenticity from the FDIC;  
• escrow records;  
• receipts and business records relating to the sale of 
goods and services; 
• brokerage and cryptocurrency account records; and  
• apartment leasing records and security video. 
 
The government provided written notice to defendants of its 
intention to introduce such records in this manner on May 20, 2021 
(letter), May 28, 2021 (letter), and June 3, 2021 (proposed 
stipulation).  (Decl. of Christopher Fenton (“Fenton Decl.”) ¶ 2.)  
The government has followed up with counsel for the defendants on 
several occasions with respect to the admission of self-
authenticating business records in an effort to find agreement on 
factual matters that the government believes should not be in 
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genuine dispute.  While counsel have not voiced specific objections, 
at least some counsel have been unwilling to enter into a formal 
stipulation as of the date of this filing.  (Id.) 
II. 
ARGUMENT 
Rule 902(11) permits the admission of self-authenticating 
business records.  Specifically, the Rule dictates that certified 
domestic records of a regularly conducted activity “are self-
authenticating” and therefore “require no extrinsic evidence of 
authenticity in order to be admitted.”  Fed. R. Evid. 902(11).  To 
qualify under this provision, the records in question must be “[t]he 
original or a copy of a domestic record that meets the requirements 
of Rule 803(6)(A)-(C), as shown by a certification of the custodian 
or another qualified person.”  Id.  The Rule also requires that the 
proponent of such evidence provide an adverse party, prior to trial, 
with “reasonable written notice of the intent to offer the record -- 
and . . . make the record and certification available for inspection 
-- so that the party has a fair opportunity to challenge them.”  Id. 
Under Rule 803(6)(A)-(C), a business record is admissible if: 
(A) “the record was made at or near the time by -- or from 
information transmitted by -- someone with knowledge”; (B) “the 
record was kept in the course of a regularly conducted activity of a 
business, organization, occupation, or calling, whether or not for 
profit”; and (C) “making the record was a regular practice of the 
activity.”  Fed. R. Evid. 806(A)-(C).  Moreover, admitting business 
records under Rule 902(11) without testimony from a custodian of 
records does not violate a defendant’s rights to confront witnesses 
because business records are not testimonial in nature.  See 
Bullcoming v. New Mexico, 564 U.S. 647, 659 n.6 (2011) (“Elaborating 
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on the purpose for which a ‘testimonial report’ is created, we 
observed in [Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009)] 
that business and public records ‘are generally admissible absent 
confrontation . . . because -- having been created for the 
administration of an entity’s affairs and not for the purpose of 
establishing or proving some fact at trial -- they are not 
testimonial.’” (quoting Melendez-Diaz, 557 U.S. at 324)). 
Here, the government has produced business records from the 
custodians of records (or other qualified persons) of various 
financial institutions and businesses, as set forth in the chart 
attached hereto as Attachment 1.  The government has also produced 
declarations from the respective custodians of records (or other 
qualified persons) from these financial institutions and businesses, 
which are attached as Exhibits A to G to the Declaration of 
Christopher Fenton.  The government gave written notice to the 
defense of its intention to authenticate and admit these business 
records pursuant to Federal Rule of Evidence 902(11) on May 20, 
2021, May 28, 2021, and June 3, 2021. 
Certification under Rule 902(11) obviates the need for the 
government to authenticate business records at trial and permits the 
records to be admitted under Federal Rule of Evidence 803(6).  See 
Fed. R. Evid. 902(11).  Accordingly, in order to admit the above-
referenced business records as exhibits at trial, the government 
should not need to call the custodians of records for these 
businesses to testify.  Rather, these business records should be 
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admissible based on the certifications described above and in the 
attached Attachment 1.1 
III. CONCLUSION 
For the foregoing reasons, the government respectfully requests 
that the Court issue an order that the documents subject to this 
motion are self-authenticating, meaning that “they require no 
extrinsic evidence of authenticity in order to be admitted.”  Fed. 
R. Evid. 902.  The government seeks an order that it has satisfied 
the authenticity and foundational requirements for admission of 
these documents without calling document custodians and that the 
documents will be admitted into evidence at trial subject only to 
objections under Federal Rules of Evidence 401 (relevance) and 403 
(unfair prejudice).   
 
 
1 The government reserves the right to provide further notice of 
other entities from which it intends to introduce business records 
pursuant to Federal Rule of Evidence 902(11). 
Case 2:20-cr-00579-SVW     Document 468     Filed 06/09/21     Page 6 of 6   Page ID
#:5500

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