Declaration — USA v. Ayvazyan et al (Dkt. 468.2)

Summary

Filed June 9, 2021 as Document 468-2 in Case 2:20-cr-00579-SVW (C.D. Cal.), this is the Declaration of Christopher Fenton, a Trial Attorney in the Justice Department's Criminal Division, Fraud Section. He states the government gave defendants written notice on May 20, 2021, and again on May 28, 2021, of its intent to introduce business records under Federal Rule of Evidence 902(11), and circulated a draft stipulation on June 3, 2021. He lists the attached custodian-of-records declarations by exhibit category, including bank records, loan files, escrow records, telephone records, Internet Protocol address records and FDIC records, with named producers such as JP Morgan Chase, WebBank, AT&T and Charter Communications. He says counsel have voiced no specific objections but at least some are unwilling to enter a formal stipulation.

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DECLARATION OF CHRISTOPHER FENTON 
I, Christopher Fenton, declare as follows: 
1. 
I am a Trial Attorney with the Criminal Division, Fraud 
Section, of the United States Department of Justice.  I am an 
attorney assigned to the case of United States v. Richard Ayvazyan et 
al., No. 20-CR-579(A)-SVW. 
2. 
On May 20, 2021, the government provided written notice to 
defendants of its intention to introduce certain business records at 
trial under the self-authentication provision of Federal Rule of 
Evidence 902(11).  The government provided a separate, additional 
notice on May 28, 2021, and on June 3, 2021, circulated a draft 
proposed stipulation that provided further additional notice and 
proposed a stipulation pertaining to certain of the categories of 
self-authenticating business records that the government intends to 
admit pursuant to the Rule.   
3. 
Attached as Exhibit A is a true and correct copy of the 
custodian-of-records declarations for bank records that were produced 
to defendants in discovery, including:1 
Producing Party 
Exhibit 
JP Morgan Chase 
A-1 
Comerica 
A-2 
Wells Fargo 
A-3 
Bank of America 
A-4 
US Bank 
A-5 
Capital One Bank 
A-6 
 
1 Some of these productions also include loan files for which 
the government also seeks admission, however, these productions are 
predominantly comprised of bank records.     
Case 2:20-cr-00579-SVW     Document 468-2     Filed 06/09/21     Page 1 of 4   Page ID
#:5505

 
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Bank of the West 
A-7 
First Republic 
A-8 
 
4. 
Attached as Exhibit B is a true and correct copy of the 
custodian-of-records declarations for loan files that were produced 
to defendants in discovery, including:2 
Producing Party 
Exhibit 
WebBank 
B-1 
Celtic Bank 
B-2 
Cross River Bank 
B-3 
SBA 
B-4 
Seattle Bank 
B-5 
Newtek SBF 
B-6 
Customers Bank 
B-7 
Square Inc. 
B-8 
Fountainhead SBF 
B-9 
CDC SBF 
B-10 
TCF National Bank 
B-11 
Radius Bank 
B-12 
 
5. 
Attached as Exhibit C is a true and correct copy of the 
custodian-of-records declarations for escrow records that were 
produced to defendants in discovery, including: 
Producing Party 
Exhibit 
Beverly Hills Escrow 
C-1 
 
2 Some of these productions also include bank records for which 
the government also seeks admission, however, these productions are 
predominantly comprised of loan files.     
Case 2:20-cr-00579-SVW     Document 468-2     Filed 06/09/21     Page 2 of 4   Page ID
#:5506

 
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CV Escrow 
C-2 
Encore Escrow 
C-3 
Perfect Escrow 
C-4 
 
6. 
Attached as Exhibit D is a true and correct copy of the 
custodian-of-records declarations for receipts and business records 
relating to the sale of goods and services, brokerage and 
cryptocurrency account records, and leasing records that were 
produced to defendants in discovery, including: 
Producing Party 
Exhibit 
Belgium NY LLC 
D-1 
Coinbase 
D-2 
Fay Servicing 
D-3 
Abbott & Hast Mortuary 
D-4 
Italy 2000 
D-5 
Picadilly Jewelers 
D-6 
Robinhood 
D-7 
TD Ameritrade 
D-8 
The Point at WA  
D-9 
 
7. 
Attached as Exhibit E is a true and correct copy of the 
custodian-of-records declarations for telephone records that were 
produced to defendants in discovery, including: 
Producing Party 
Exhibit 
AT&T 
E-1 
T-Mobile 
E-2 
Verizon 
E-3 
 
Case 2:20-cr-00579-SVW     Document 468-2     Filed 06/09/21     Page 3 of 4   Page ID
#:5507

 
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8. 
Attached as Exhibit F is a true and correct copy of the 
custodian-of-records declaration for Internet Protocol address 
records that were produced to defendants in discovery, including: 
Producing Party 
Exhibit 
Charter Communications 
F 
 
9. 
Attached as Exhibit G is a true and correct copy of the 
custodian-of-records declaration for FDIC records that were produced 
to defendants in discovery, including: 
Producing Party 
Exhibit 
FDIC 
G 
 
10. 
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 
genuine dispute and while counsel has not voiced specific objections, 
at least some counsel have been unwilling to enter into a formal 
stipulation as of the date of this filing.   
I declare under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct and that 
this declaration is executed at Los Angeles, California, on June 9, 
2021. 
 
 
 
 
CHRISTOPHER FENTON 
 
Case 2:20-cr-00579-SVW     Document 468-2     Filed 06/09/21     Page 4 of 4   Page ID
#:5508

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