Supplemental MEMORANDUM in Opposition to MOTION in Limine to Admit… — USA v. Ayvazyan et al (Dkt. 514)

Summary

Marietta Terabelian's Supplemental Opposition to Government's Motion in Limine #4 to Admit Business Records Under FRE 902(11) Regarding Gov.'s Proposed Exhibit 39, Document 514, filed 06/12/21 in Case No. 20-cr-579 (SVW) before Hon. Stephen V. Wilson in the United States District Court, Central District of California, with a Hearing Date of June 14, 2021 at 1:30 p.m. The brief argues that proposed exhibit 39, documents purporting to be from Picadilly Jewelers, is supported by a certification that does not identify the attached documents and leaves the boxes for training and familiarity with relevant policy unchecked. It also argues that the exhibit includes an untranslated foreign-language document and that the signature name does not match the certification declarant. It is dated June 12, 2021.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

SUPPLEMENTAL OPPOSITION TO GOVERNMENT’S MOTION IN LIMINE #4 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
John L. Littrell (SBN 221601) 
jlittrell@bklwlaw.com  
Ryan V. Fraser (SBN 272196) 
rfraser@bklwlaw.com  
BIENERT KATZMAN LITTRELL WILLIAMS LLP 
601 W. 5th Street, Suite 720 
Los Angeles, CA 90071 
Telephone: (213) 528-3400 
Facsimile: (949) 369-3701 
 
Attorneys for Defendant MARIETTA TERABELIAN 
 
 
 
UNITED STATES DISTRICT COURT 
CENTRAL DISTRICT OF CALIFORNIA  
 
 
UNITED STATES OF AMERICA, 
 
                              Plaintiff, 
 
v. 
 
RICHARD AYVAZYAN,  
MARIETTA TERABELIAN, 
et al., 
 
Defendants. 
 
 Case No.  20-cr-579 (SVW) 
 
MARIETTA TERABELIAN’S 
SUPPLEMENTAL OPPOSITION 
TO GOVERNMENT’S MOTION IN 
LIMINE #4 TO ADMIT BUSINESS 
RECORDS UNDER FRE 902(11) 
REGARDING GOV.’S PROPOSED 
EXHIBIT 39 
 
Hon. Stephen V. Wilson 
 
Hearing Date:                    June 14, 2021 
Time:                                 1:30 p.m. 
Case 2:20-cr-00579-SVW     Document 514     Filed 06/12/21     Page 1 of 6   Page ID
#:6167

 
 
1 
 
SUPPLEMENTAL OPPOSITION TO GOVERNMENT’S MOTION IN LIMINE #4 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Marietta Terabelian submits this supplemental opposition to government motion 
in limine #4 to admit business records under Federal Rule of Evidence (“Rule”) 
902(11). This separate filing addresses particular problems raised by the government’s 
proposed exhibit 39. This proposed exhibit consists of documents purporting to be from 
Picadilly Jewelers. The government’s proposed certification, the relevant portion of 
which is pictured below, admits that, while the out-of-court declarant represents himself 
to be the owner of Picadilly Jewelers and that he has “[h]ands-on experience,” he also 
has no relevant training, or “[f]amiliarity with relevant policy/policies.”  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:20-cr-00579-SVW     Document 514     Filed 06/12/21     Page 2 of 6   Page ID
#:6168

 
 
2 
SUPPLEMENTAL OPPOSITION TO GOVERNMENT’S MOTION IN LIMINE #4 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
In addition, the declaration fails to identify the documents attached to the declaration 
that are the subject of the certification. It is unknowable from the declaration which 
extrinsic documents the declaration refers to as “attached.” The declaration therefore 
fails to satisfy Rule 803(6) with respect to any other document, regardless of the 
declaration’s other defects. 
And the declaration does suffer from other defects. Its unchecked boxes for 
“training” and “familiarity with relevant policy/policies” suggest that Picadilly Jewelers 
actually has no regular practice that would satisfy Rule 803(6)(C), which casts 
significant doubt on the “method or circumstances of preparation” of the documents, 
“indicat[ing] a lack of trustworthiness.” Fed. R. Evid. 803(6)(E).  
On top of those concerns, proposed exhibit 39 includes the below foreign-
language document (a portion of which is pictured on the next page) that has not been 
translated into English.  
 
 
Case 2:20-cr-00579-SVW     Document 514     Filed 06/12/21     Page 3 of 6   Page ID
#:6169

 
 
3 
SUPPLEMENTAL OPPOSITION TO GOVERNMENT’S MOTION IN LIMINE #4 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:20-cr-00579-SVW     Document 514     Filed 06/12/21     Page 4 of 6   Page ID
#:6170

 
 
4 
SUPPLEMENTAL OPPOSITION TO GOVERNMENT’S MOTION IN LIMINE #4 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
For this additional reason, exhibit 39 is inadmissible under Rules 401 and 403 as 
irrelevant and confusing to the jury, with no probative value. It also contains an added 
level of hearsay unaddressed by the ostensible 902(11) certification, regardless of the 
certification’s indeterminate scope, because the apparent name (i.e., Batuhan Backir) 
corresponding to the signature does not match the name of the declarant for the 902(11) 
certification (i.e., Berc Calgicioglu). (Recall from the declaration’s unchecked box that 
the declarant supervises no one else with hands-on experience relevant to the business, 
so the certification provides no explanation of who Batuhan Backir is or what the 
document bearing their apparent signature is or how it relates to the rest of proposed 
exhibit 39.) And of course the requirements of Rule 902(3) are not satisfied, to the 
extent this part of proposed exhibit 39 is supposed to constitute a foreign public 
document. 
The government’s proposed exhibit 39 is not admissible. 
 
 
Dated:   June 12, 2021 
 
Respectfully submitted, 
 
 
/s/ Ryan V. Fraser  
 
 
 
 
 
 
 
 
 
John L. Littrell (SBN 221601)  
 
 
 
 
 
 
 
jlittrell@bklwlaw.com 
Ryan V. Fraser (SBN 272196) 
rfraser@bklwlaw.com 
BIENERT KATZMAN LITTRELL 
WILLIAMS, LLP 
601 W. 5th Street, Suite 720 
Los Angeles, CA 90071 
Telephone: (213) 528-3400 
Facsimile: (949) 369-3701 
 
Counsel for Defendant Marietta Terabelian 
 
 
Case 2:20-cr-00579-SVW     Document 514     Filed 06/12/21     Page 5 of 6   Page ID
#:6171

 
 
5 
SUPPLEMENTAL OPPOSITION TO GOVERNMENT’S MOTION IN LIMINE #4 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CERTIFICATE OF SERVICE 
 
I declare that I am a citizen of the United States and I am a resident and employed 
in Los Angeles, California; that my business address is 601 W. 5th Street, Suite 720, Los 
Angeles, CA 90071; that I am over the age of 18 and not a party to the above-entitled 
action.  
 
I am admitted to practice before the United States District Court for the Central 
District of California. I caused service of the foregoing document entitled “MARIETTA 
TERABELIAN’S SUPPLEMENTAL OPPOSITION TO GOVERNMENT’S MOTION 
IN LIMINE #4 TO ADMIT BUSINESS RECORDS UNDER FRE 902(11) 
REGARDING GOV.’S PROPOSED EXHIBIT 39” on all interested parties as follows:  
 
[X] 
BY ELECTRONIC TRANSMISSION: by electronically filing the foregoing 
with the Clerk of the District Court using its CM/ECF System pursuant to the 
Electronic Case Filing provision of the United States District Court General Order 
and the E-Government Act of 2002, which electronically notifies all parties in this 
case.  
 
I declare under penalty of perjury under the laws of the United States of America 
that the foregoing is true and correct. Executed on June 12, 2021 at Los Angeles, 
California.  
 
/s/ Ryan Fraser 
 
 
 
Case 2:20-cr-00579-SVW     Document 514     Filed 06/12/21     Page 6 of 6   Page ID
#:6172

File and source

File

gov.uscourts.cacd.813904.514.0.pdf

Size

295,076 bytes

SHA-256

aeb55e3e6ea5e655ba0f28c5694c92db51b056b350f56aae0e86d79338192304

Our copy

gov.uscourts.cacd.813904.514.0.pdf

Original

PACER (login required)