NOTICE filed by Plaintiff USA as to Defendant Richard Ayvazyan, Marietta Terabelian,… — USA v. Ayvazyan et al (Dkt. 522)

Summary

Filed June 13, 2021 as Document 522 in Case 2:20-cr-00579-SVW (C.D. Cal.), this is the government's notice correcting what it calls an inadvertent factual error in its reply supporting motion in limine #4 on admitting business records under Rule 902(11) (ECF 516). The government says it mistakenly identified a JPMorgan Chase bank account as an account held at Radius Bank when it added the bracketed words [Radius Bank] to a quotation from a defense filing. It says it did not intend to mislead the Court and that the error does not materially affect its points. It learned of the error from a defense application to file a sur-reply (ECF 518), which the defendants withdrew.

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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 
 
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, 
No. CR 20-579(A)-SVW 
GOVERNMENT’S NOTICE 
Hearing Date: June 14, 2021 
Hearing Time: 1:30 p.m. 
Trial Date:   June 15, 2021 
Location:     Courtroom of the  
             Hon. Stephen V.  
             Wilson  
Case 2:20-cr-00579-SVW     Document 522     Filed 06/13/21     Page 1 of 4   Page ID
#:6286

 
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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 S. Ahn, and Brian Faerstein, and Department of Justice 
Trial Attorney Christopher Fenton, hereby files the attached notice 
to inform the Court about an inadvertent factual error in the 
government’s reply in support of its motion in limine #4 to admit 
business records under the self-authentication provision of Federal 
Rule of Criminal Procedure 902(11). 
Dated: June 13, 2021 
Respectfully submitted, 
 
TRACY L. WILKISON 
Acting United States Attorney 
 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division 
 
 
      /s/ 
 
SCOTT PAETTY 
CATHERINE AHN 
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 522     Filed 06/13/21     Page 2 of 4   Page ID
#:6287

 
 
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NOTICE 
In its reply in support of its motion in limine #4 (“MIL #4”), 
filed earlier today (ECF 516), the government mistakenly identified a 
JPMorgan Chase bank account as being an account held at Radius Bank. 
Specifically, in its reply, the government described a text 
message exchange “Iuliia Zhadko” had with a representative from 
Radius Bank.  (ECF 516 at 13-14.)  Following the description of this 
text message exchange, the government quoted a prior court filing 
submitted by defendant Richard Ayvazyan, in which defendant described 
a separate bank account held by a company controlled by “Iuliia 
Zhadko” used to purchase merchandise from Lamps Plus.  (Id. at 14 
(quoting ECF 417 at 3).)  In quoting from defendant’s prior filing, 
the government added the bracketed language “[Radius Bank]” to 
specify a bank account, as follows:  “Page 3 of this [Radius Bank] 
bank account statement . . . .”  (Id.)  Defendant’s initial filing 
did not include a specification as to which bank the account 
belonged.  In adding the modifier “[Radius Bank”], the government 
inadvertently and incorrectly identified the relevant bank as Radius 
Bank instead of JPMorgan Chase.  The government did not intend to 
mislead the Court or misrepresent the facts in any way. 
The government learned of this inadvertent error upon defendants 
Richard Ayvazyan’s and Marietta Terabelian’s filing of a joint 
application to file a sur-reply in connection with the government’s 
MIL #4.  (ECF 518.)  Defendants withdrew their joint application in 
light of the Court’s order that preceded it, and the government 
submits that the mistaken bank identification as described above does 
not materially impact any of the points the government made in its 
reply.  Nonetheless, the government files this notice to acknowledge 
Case 2:20-cr-00579-SVW     Document 522     Filed 06/13/21     Page 3 of 4   Page ID
#:6288

 
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its inadvertent error and correct the factual record in advance of 
the Court’s rulings on certain double hearsay objections during 
trial.  (ECF 517.) 
Case 2:20-cr-00579-SVW     Document 522     Filed 06/13/21     Page 4 of 4   Page ID
#:6289

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