Court filing
TRANSCRIPT filed as to Defendant Richard Ayvazyan, Marietta Terabelian, Artur… — USA v. Ayvazyan et al (Dkt. 813)
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2021-08-03 |
U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 813 · 2021-08-03 · Docket on CourtListener
Summary
The reporter's transcript of day two of the Kastigar motions hearing on July 29, 2021 before U.S. District Judge Stephen V. Wilson in United States v. Richard Ayvazyan, et al., No. 2:20-cr-00579-SVW, U.S. District Court for the Central District of California, filed August 3, 2021 as Doc. 813. The 254-page transcript lists counsel for the government and for defendants Richard Ayvazyan and Marietta Terabelian. Its index lists cross-examination of five witnesses, including Assistant U.S. Attorney Catherine Ahn, and Court Exhibit 1. It opens with Mr. Ram cross-examining the lead investigator about a declaration, earlier detention hearing testimony, and a CBP secondary inspection at Miami International Airport on October 19, 2020 in which multiple phones were seized.
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
Full text
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION
HONORABLE STEPHEN V. WILSON
UNITED STATES DISTRICT JUDGE PRESIDING
- - -
United States of America,
)
PLAINTIFF, )
)
VS. ) NO. CR 20-579 SVW
)
Richard Ayvazyan, et al.,
)
DEFENDANT, )
___________________________________)
REPORTER'S TRANSCRIPT OF PROCEEDINGS
LOS ANGELES, CALIFORNIA
KASTIGAR MOTIONS - DAY TWO
THURSDAY, JULY 29, 2021
_____________________________________
KATIE E. THIBODEAUX, CSR 9858
U.S. Official Court Reporter
Suite 4311
350 West 1st Street
Los Angeles, CA 90012
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Case 2:20-cr-00579-SVW Document 813 Filed 08/03/21 Page 1 of 254 Page ID
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APPEARANCES OF COUNSEL:
ON BEHALF OF THE PLAINTIFF, UNITED STATES OF AMERICA:
U.S. DEPARTMENT OF JUSTICE
U.S. ATTORNEY'S OFFICE
BY: RANEE KATZENSTEIN, AUSA
-and- ALLISON WESTFAHL KONG, AUSA
-and- NIALL O'DONNELL
-and- CATHERINE SUN AHN, AUSA
-and- SCOTT PAETTY, AUSA
312 North Spring Street
Twelfth Floor
Los Angeles, CA 90012
-and-
Christopher Fenton
US Department of Justice
1400 New York Avenue, NW
Washington, DC 20530
FOR DEFENDANT R. AYVAZYAN:
Ashwin J. Ram
Steptoe and Johnson LLP
633 West 5th Street
Suite 1900
Los Angeles, CA 90071
Michael A. Keough
Steptoe and Johnson LLP
One Spear Tower Suite 3900
San Francisco, CA 94105
Nicholas P. Silverman
Steptoe and Johnson LLP
1330 Connecticut Avenue NW
Washington, DC 20036
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APPEARANCES (Cont'd):
FOR DEFENDANT TERABELIAN:
John Lewis Littrell
Bienert Katzman Littrell Williams LLP
903 Calle Amanecer
Suite 350
San Clemente, CA 92673
Ryan Vaughan Fraser
Bienert Katzman Littrell Williams LLP
601 West 5th Street
Suite 720
Los Angeles, CA 90071
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I N D E X
WITNESS NAME PAGE
JUSTIN PALMERTON
Cross-Examination by Mr. Ram 5
Cross-Examination by Mr. Fraser 47
CATHERINE AHN
Cross-Examination by Mr. Silverman 67
Cross-Examination by Mr. Littrell 88
TIMOTHY MASSINO
Cross-Examination by Mr. Keough 93
BRIAN FAERSTEIN
Cross-Examination by Mr. Silverman 104
GEFFREY CLARK
Cross-Examination by Mr. Keough 125
EXHIBIT I.D. IN EVID.
Court Exhibit 1 143
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LOS ANGELES, CALIFORNIA; THURSDAY, JULY 29, 2021
10:03 A.M.
- - - - -
THE COURT: We are ready to proceed with the
second day of the hearing on the Kastigar motions. The
same parties and lawyers who were here yesterday are here
today; correct?
MR. CIPOLLETTI: Yes, your Honor.
THE COURT: Your appearances are noted.
We are ready for another witness. Who is
that?
MR. RAM: Justin Palmerton.
(The witness was sworn.)
THE CLERK: State your full name, and spell it for
the record.
THE WITNESS: My name is Justin Palmerton,
J-U-S-T-I-N, P-A-L-M-E-R-T-O-N.
CROSS-EXAMINATION
BY MR. RAM:
Q
Good morning, Agent Palmerton.
A
Good morning.
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Q
You prepared a declaration in this case?
A
I did.
Q
You spent some time drafting it?
A
I did.
Q
Did anyone help with you the drafting or review?
A
No, it was me.
Q
No one reviewed your draft before it was finalized?
A
No.
Q
And what was the process you underwent to prepare
your declaration?
A
I reviewed e-mails, primarily e-mails, grand jury
subpoena returns, and then just try to go back in my mind
to recreate what my mind or my thought process was at the
time.
Q
Okay. And did you attempt to identify every direct
and indirect use of information from the Miami phones you
made related to this case?
A
I tried to, yes, pursuant to the Court's order.
Q
And you did not include your -- well, before I go
there, your declaration doesn't include any testimony you
gave at the October 22nd detention hearing in this case;
right?
A
No, it does not.
Q
And the October 22nd detention hearing, that was
within a day or two of the Miami arrest; is that right?
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A
Yes. Yes.
Q
And that was approximately within two months of the
August investigation activity that you did describe in
your declaration?
A
Yes.
Q
Okay. Part of your testimony at the October 22nd
detention hearing was that the -- the information about
Iullia Zhadko on the Miami phones confirmed that Richard
Ayvazyan was using Iullia Zhadko as an alias; is that
true?
A
I don't think I would use the word confirm.
Q
Okay. Why don't we look at the statement from your
detention hearing including the context. Do you remember
the context for a statement about Iullia Zhadko, what you
were asked?
A
Yes. It was a detention hearing and Mr. Trontz, I
believe was Ayvazian's attorney at the time, was
basically trying to confirm identity. It was essentially
an identity question.
Q
Let's take a look at Kastigar Exhibit 15, pages 23
to 24. Let's highlight the question first. So
Mr. Trontz at the top of Exhibit 15, top of page 23.
First, he asked you, if you remember this from
your memory to, you were generally asked how -- these
loans were submitted on a computer I think is the word he
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used?
A
Yes.
Q
Right. So he is asking you what evidence do you
have linking Richard Ayvazyan and Mary Terabelian to the
loans that were actually submitted on those computers;
right?
A
Correct.
Q
And then let's look at the actual transcript,
bottom half, right after he said -- I think you respond
or he asked, were these all submitted via computer. You
say, yes, to the best of my knowledge yes; right?
A
Yes.
Q
Then the question is -- my question, quote, my
question is how do you know that Mr. Ayvazian and
Ms. Terabelian were the ones who actually filed these
applications through the computer.
And then you respond, for some of the
applications filed under the name Iullia Zhadko, the
funds were deposited into a bank account. From there,
the funds float into an escrow account, and in reviewing
the records from that escrow company, there was an e-mail
from a Richard Ayvazyan that appeared to be directing the
flow of funds from the bank account. And then, once the
CBP stopped for the secondary inspection, we learned that
there was a photograph of Iullia Zhadko on the digital
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device, and we made the connection that Iullia Zhadko was
in fact an alias of Richard Ayvazyan.
Correct? Did I read that correctly?
A
Yes.
Q
And when you say we made the connection that Iullia
Zhadko was, in fact, an alias of Richard Ayvazyan, you
are saying Richard Ayvazyan was Iullia Zhadko?
A
That he was using the alias, yes.
Q
Okay. And then he asked you -- since we are here,
why don't we just finish it. So other than the
possession of that identification and that e-mail, there
is no other connection between my client and the alias
that is listed; correct?
And you understand he is referring to Richard
Ayvazyan as his client?
A
Yes.
Q
And then you answer, other connections that I can
note are open source research in the case that they had
shared. Who. And you answer Richard Ayvazyan and Iullia
Zhadko. Sorry. That they had shared addresses.
And then he asked you, any other connections
between these applications and my clients. And then you
refer back again, aside from money transfers -- meaning
what you have been calling flow of funds; is that right?
A
Yes. That is accurate.
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Q
So aside from money transfers into bank accounts
owned by Mr. Ayvazian, that is all I have.
Do you see that?
A
Yes.
Q
And he asked you, and you are the lead investigator
in this case. And you said, that's correct; right?
A
Yes.
Q
And this testimony, I think I have asked you this
is on October 22nd?
A
Yes.
Q
And the investigation started June, roughly in June
of 2020?
A
End of June, 2020, yes.
Q
Okay. And so this would be within roughly three to
four months of the start of the investigation?
A
Yes.
Q
Okay. Would you agree that part -- sorry. Would
you agree that Richard Ayvazyan's possession of the phone
registered in the name of Iullia Zhadko and the contents
of that phone were powerful evidence that Richard
Ayvazyan controlled Iullia Zhadko identity as an alter
ego essentially?
A
I think it was a piece of evidence, relevant
evidence. Sure.
Q
Would you agree that it is powerful evidence?
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A
I mean --
MR. O'DONNELL: Objection. Asked and answered,
your Honor.
THE COURT: Overruled.
THE WITNESS: I wouldn't say it was necessarily
powerful.
Q BY MR. RAM: Okay. And let's talk about the Miami
stop and the 65 photographs you took after that stop.
A
Uh-huh.
Q
When you learned that Mary Terabelian would be
traveling to the United States on October 16th, you asked
CBP officers to initiate a secondary inspection; is that
right?
A
I made the request, yes.
Q
And just a few hours after she, in fact, arrived at
Miami, you e-mailed CBP officers in Miami to check in and
see how this went; is that right?
A
I believe it was a few, four or five hours after.
Q
Okay. But you e-mailed to check in to see how it
was going essentially?
A
I did because I had not heard anything from them.
Q
Okay. And, after that, you spoke to a CBP officer
on the telephone; right?
A
Yes.
Q
And at that time, you learned that multiple phones
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were seized?
A
Multiple phones and multiple credit cards.
Q
So the answer to my question would be, yes, you did
learn that multiple phones were seized?
A
I did.
Q
And you learned that CBP had reviewed those phones
in some fashion?
A
Well, I learned about the credit cards first, and,
then, subsequent to that, I learned about the phones,
yes.
Q
So you did, in fact, learn from CBP that they had
reviewed the phones?
A
Yes. That they had I guess looked through them.
THE COURT: Keep your voice up, agent. I can't
hear you.
THE WITNESS: Yes, your Honor.
Q BY MR. RAM: And, as part of that review of the
phones, you learned that CBP had found at least one image
of a driver's license in the name of Iullia Zhadko on one
of the Miami phones?
A
Yes.
Q
You ultimately memorialized the events of your
October 19th interactions with CBP in a Form 302;
correct?
A
I did not. The FBI Miami agents wrote a 302 on the
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arrest.
Q
Okay. Why don't we pull up Palmerton Exhibit J
from your declaration.
Do you see that on the screen there, Agent
Palmerton.
A
I do.
Q
The date of entry is November 16th, 2020?
A
Yup.
Q
And it details -- actually -- sorry. Before we get
to this, did you prepare any other 302 related to the
interaction at Miami in your conversations with CBP
officers?
A
Not that I recall.
Q
So your memory of your phone calls and interactions
with CBP is really all we have to evaluate what you
discussed with the CBP officers at this point?
A
Yes. That and the complaint. And the complaint
was written shortly after those discussions.
Q
Okay. Now, let's take a look at KX60. This is
actually what I meant to pull up earlier?
A
Okay.
Q
And this is date of entry November 24th, 2020;
right?
A
Correct.
Q
And this is roughly a little more than a month
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after the Miami stop?
A
Yes.
Q
And it says on October 19th, 2020, CBP performed a
secondary inspection on Marietta Terabelian and Richard
Ayvazyan subsequent to their arrival from Turks and
Caicos Islands at Miami International Airport?
A
Yes.
Q
So this was your documenting the Miami stop on your
part?
A
It was actually just documenting the reports I
received from CBP.
Q
Okay. And those are in the record.
A
They are.
Q
But you did not otherwise specify any content of
your conversations with CBP or the information you
learned on October 19th and October 20th in an FBI 302;
correct?
A
No. Just I believe it was in the complaint.
Q
But you didn't do it in an FBI 302?
A
I did not.
Q
And did you personally draft the complaint?
A
I did.
Q
Did you draft it with prosecutors Fenton and Julian
Andre?
A
Yes. With their assistance.
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Q
Is there a document that you solely drafted that
reflects the contents of your communications with CBP?
A
Likely one of the first drafts that we were
writing.
Q
And do you have a first draft of that?
A
I might. I would have to look. Yes.
Q
And can you produce that to the defense?
A
I can. Yes.
Q
Okay. Thank you. Or I should say will you produce
that to the defense?
A
Yes. Yes, I can?
MR. RAM: Your Honor, we make that request for
Agent Palmerton's first draft or all drafts of the
complaint affidavit in this case.
THE COURT: I don't know that that is necessary.
MR. RAM: How about the first draft?
THE COURT: I said I don't think that is
necessary.
MR. RAM: Okay.
Q BY MR. RAM: All right. Now, let's go to your
November 13th review of the Miami phones. First off, you
spent about two hours reviewing the Miami phones?
A
Yes. Approximately.
Q
And you brought in another agent to assist you?
A
Yes. FBI Agent Lynne Zellhart.
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Q
And you ultimately took photos from three of those
five phones you reviewed; is that right?
A
Yes, I believe so.
Q
Did you review all of the photos on the five
phones?
A
No, I don't think so, no.
Q
How many of the photos did you review?
A
I couldn't give you a specific figure.
Q
How did you know that you didn't review all of the
photos?
A
Really because we didn't look at any deleted photos
or anything like that. It was strictly going into the
images folder and scrolling through. I mean, there was
multiple, multiple images on the phones, and, as I
detailed in my declaration, I was just looking for PPP
applications, driver's licenses, credit card photos,
things of that nature.
Q
All phones(sic) that were available on the main
folder; right? Like when you go into a phone, you see --
not talking about deleted items, but you see phones when
you open up -- you see photos when you open up someone's
phone; right?
A
Yes.
Q
Did you avert your eyes from any of those photos
that would have been in the same main folder you were
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viewing?
A
There was a lot of pornographic material that I
averted my eyes from.
Q
But you saw there was some pornographic material?
A
Yes, I did.
Q
And then you took some select photos from those,
approximately three of the phones; right?
A
Yes.
Q
And that was a total of 65 photographs?
A
Yes.
Q
Let's take a look at Image 23A from your
declaration. I'm sorry. Image 23A from KX1 which is on
page 23, Kastigar Exhibit 1.
So as part of you taking the 65 photos, you
also took a photo of the phone itself that you were --
that you took photos from; is that right?
A
Yes. I think I took three photos.
Q
And that is how you know that you actually took
photos from three phones?
A
Yes. That was my process of documenting which
phone we took the photos from.
Q
Okay. Is it fair to say that the images you
reviewed on the five phones but did not take a picture of
aren't addressed in your declaration?
A
Yes. I believe so.
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Q
Okay. And then let's jump ahead to later in the
investigation. Actually, let's look at the next image
first. Image 46A which is on page 47 of Kastigar Exhibit
1. That is another phone that you photographed; right?
A
Yes.
Q
And, then, finally, that is the second phone, and,
then, the third phone is Image 66A which is page 60 of
this exhibit.
Same question, this is the third phone that
you photographed?
A
Yes.
Q
All right. We can take that down.
So now jumping ahead to May 21st or so.
A
Okay.
Q
Roughly be -- how many -- how far after
November 13th is that?
A
Seven months approximately.
Q
Okay. Five or six months, let's say?
A
Sure.
MR. O'DONNELL: Objection.
MR. RAM: Sorry. I was just doing math. Sorry.
December, January, February, March, April, May. So seven
months. You were right.
Q
Seven months later, May 21 or so, you reviewed a
phone that was seized from Weddington which you
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associated with Tamara Dadyan.
A
Yes.
Q
And that phone was seized roughly on November 5?
A
On November 5th, yes.
Q
And when you were reviewing that phone, you
recognized, to kind of shorthand this, you recognized or
connected back some of the images you saw on that phone
to the 65 photographs that you took?
MR. O'DONNELL: Objection. Form of the question.
Recognize or connected back. There is two questions
pending.
THE COURT: Objection sustained.
MR. RAM: Sure. Let me clarify.
Q
So on May 21st or so, when you are reviewing a
phone associated with Tamara Dadyan, you recognized some
of the same images that you took photos of back on
November 13th; correct?
A
No, I don't recall specifically.
Q
Well, let's pull up an example. For example, you
recognized a contact for Misak Arakelyan with the e-mail
address Misak at NWtradings.com. Do you remember that
one?
A
Yeah. That was a contact not a photo?
THE COURT: Not what?
THE WITNESS: Not a photo, your Honor.
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Q BY MR. RAM: Correct. So you recognized that
contact, but you had taken photos of information relating
to Northwest Tradings; right?
A
Yes. I believe so. I was confused. I thought you
were -- that I saw two of the same photos or that is what
I was looking for but --
Q
So let's do another example. Let's stay with Misak
Arkalian. And we can pull it up actually. Why don't we
go to Kastigar Exhibit 1, page 70. This is Image 65A of
Kastigar Exhibit 1, what are we looking at here?
A
It looks like an e-mail from Fountainhead which is
one of the lenders, and it looks like an e-mail to Misak
Arkalian. Two documents were missing from the previous
files, the Gusto report, 29 W2s and proof of payroll.
Essentially, he is asking what appears to be Misak
information for presumably a PPP loan.
A
Okay.
Q
And when you reviewed this, you saw the contact,
the e-mail address contact name. It is to Misak
Arkalian. That is one of the individuals you saw
information for on the phones when you took the 65
photographs; is that right?
A
Yes.
Q
And that was, again, roughly seven months before
you saw this image on the phone associated with Tamara
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Dadyan?
A
Yes.
Q
Okay. Let's jump back to February 2nd of 2021 now.
That is when you get the 141 photos from CBP?
A
Yes.
Q
Okay. And why don't we take a look at one of those
141 photos at Kastigar Exhibit 2, page 140 which is Image
134B.
Is this a text between John Bradford and
Richard Ayvazyan?
A
Yes.
Q
And it references a loan for CBD?
A
Yes.
Q
And Prosecutor Fenton asked you to take a look at
the image, didn't he, that we see on the screen here.
A
I think he asked me to look into the CBD.com loan.
I may have looked at the image, but I just don't recall
specifically. But I do remember Mr. Fenton asking me to
look into John Bradford and this loan.
Q
Do you remember him asking you to take a look at
these text messages and see if we should interview this
guy meaning John Bradford?
A
I mean, yeah, no. We wanted to interview John
Bradford, yes.
Q
And do you remember the premise for that was take a
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look at these text messages?
A
It likely was, yes. I just don't recall
specifically.
Q
Okay. And it is in the record so we don't need to
go over it here, but, big picture, the question is -- the
question for you is after he asked you to do some type of
follow-up here whether it is interviewing him or
otherwise -- or do you remember that? Did he ask you
should we interview this guy?
A
I think we wanted to serve him with a subpoena and
get records for the CBD. I think this text message
references CBD and we didn't know if there is a PPP loan
or not so we were going to look into whether or not
CBD.com had received a PPP loan and what records they
had.
Q
And you, ultimately, the prosecution team drafted a
subpoena and served it; is that right?
A
Yes. After a few different efforts.
Q
And you eventually got materials in response to
that subpoena?
A
We did.
Q
And about three months later, after reviewing the
141 photos from CBP, so March, April, May, roughly in
May, you reviewed a Cellebrite for a phone associated
with Richard Ayvazyan that was seized from 4910 Topeka on
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November 5th?
A
Yes.
Q
And on that phone, when you reviewed it, you
observed a text message chain between Ayvazian and
Bradford; is that right?
A
Yes.
Q
And you attached that text message chain as Exhibit
N to your declaration; is that right?
A
I believe so, yes.
Q
And those text messages we can look at them if we
need to, but, big picture, those text messages talked
about Ayvazian getting Covid and the 2020 presidential
election.
A
Yes. Yes. From what I recall.
Q
And they did not cover or talk about CBD or a PPP
loan for CBD?
A
Not that I recall.
Q
Okay. Let's talk about your review of the
Cellebrites in this case.
On November 20th of 2020, you submitted a
request to CART for forensic review of phones and an iPad
seized in Miami; is that right?
A
Yes.
Q
And CART's job is to do what with those digital
devices?
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A
Take them and make forensic copies of them for
either agent review or discovery.
Q
And how did you communicate with the CART lab in
general? Is it in person, on the phone, e-mails?
A
Sometimes e-mails, but I think generally over the
phone if they have questions.
Q
Okay. And you physically sent the digital devices
from Miami to the CART lab?
A
No. No. They have access to go pick up the
devices from our evidence facility.
Q
Okay. Because CART is part of the FBI?
A
They are, yes. They are either agents or
technicians.
Q
And after CART processes the phone, at least in
this case, they were sent to a filter team; is that
right?
A
Yes. I think we took -- they made forensic copies,
and, then, the first copies were sent to defense for
discovery. And then we did send them to a filter team
for review.
Q
And, after the filter team gets the forensic
copies, what happens next?
A
The filter team generally goes through it, looks --
does searches for words such as attorney, any attorney
names that we are aware of. In this instance, it was
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also marital privilege so communications between married
persons, and then they filter all of that out and then
generally provide the investigative team with filtered
copies of the forensic copies of the digital devices.
Q
In fact, in this case, the Cellebrite reports from
the digital devices for Miami were released to you from
the filter team on February 23rd, 2021; is that right?
A
That is when the paralegal that was helping us
upload it into USAFX. So I am not exactly sure when they
were released to the investigative team, but that is when
I would have first had access to them.
Q
Okay. And you conducted a review of the
Cellebrites?
A
I did.
Q
And those Cellebrites contain essentially the
forensic image of the digital devices in question?
A
Yes.
Q
Fair to say those are large repositories of
information?
A
Yes, there is a lot of data on them.
Q
Okay. Would you agree that the Cellebrite reports
from the Miami phones seized from Miami cover the
equivalent of thousands and thousands of pages of
information?
A
Yes, I would say that.
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Q
And between February 24th and April 27th of 2021,
you reviewed the Cellebrites less than a dozen times; is
that right?
A
Yes. Yes. To the best of my knowledge.
Q
When you say less than a dozen times, does that
mean -- did you review it ten times, then, for sure?
A
I couldn't tell you. I just recall it was likely
less than a dozen. It wasn't a lot of time.
Q
A lot of times?
A
Yes. Yes.
Q
Even if it was let's say eight times during that
time period, that would still average reviewing once per
week; is that fair to say?
MR. O'DONNELL: Objection. A hypothetical.
THE COURT: Overruled.
THE WITNESS: Likely. Some of the weeks leading
up to March when we effected the March 11th arrest.
Q BY MR. RAM: I want to make sure you understood my
question. I said even if it was just eight times; right?
The relevant time period for your review you said was
February 24th and April 27th, in that time period; right?
That would average once per week.
A
Again, that would be the average.
Q
Okay. And let's talk about what was on the
Cellebrites that you reviewed. By the way, is it
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Cellebrites or Cellebrites?
A
Cellebrite.
Q
Okay. And you focused on two devices in
particular; is that right?
A
Yes.
Q
One was 1B123 which was registered to a Iullia
Zhadko?
A
Yes.
Q
And the other was 1B126 which was registered to a
Victoria Kauichko?
A
Yes.
Q
And you took some screen shots of relevant items
that you found on these devices; right?
A
Yes.
Q
You also -- and we will come back to this word --
but exported what you thought were relevant text messages
into a PDF format; is that right?
A
Yes.
Q
And can you explain to the court what does that
entail when you export from the Cellebrite into a PDF?
A
So, in this instance, we were looking at text
messages, and there is different ways to export the text
messages. You can do them in -- you can export them in
Excel format, or you can export them in PDF format and it
essentially takes the text messages from the report, puts
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it in a multi-page PDF that looks like a smart phone
chat.
Q
A what?
A
A smart phone, like a chat. Like an iPhone. It
just makes it easier to read.
Q
Okay. All right. Is it fair to say you took some
screen shots and exported text messages from the Zhadko
phone, but you didn't take screen shots or export text
messages from the Kauichko phone?
A
No. I don't think I exported text messages from
Kauichko, the Kauichko phone.
Q
Okay. And you didn't otherwise take notes of your
review, did you?
A
No. Not while I was reviewing.
Q
So as you sit here, you would have no way of
knowing what you did and didn't look at on the Kauichko
phone?
A
No, I don't think so.
Q
Now, you found four relevant text message strings
on the Zhadko phone; is that right?
A
Yes. I think that's right.
Q
And you attached them to your declaration as
Exhibit O?
A
Yes.
Q
But they were so voluminous you actually had to
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attach a CD; is that right?
A
Yes.
Q
And one of those four text message strings involved
test messages with Tamara Dadyan; is that right?
A
Yes.
Q
Just so we can see what we are talking about, why
don't we pull up Kastigar Exhibit 19 which is your
Exhibit O or Exhibit O to your declaration, or part of it
I should say.
In short, this is the contents it of the CD
that you attached to your declaration; correct?
A
Yes. This looks accurate.
Q
Like a folder level view?
A
Yes. Of the images. There is the photos and,
then, yeah, the zip file which contained the exported
text messages.
Q
And in that zip file which was the bottom file we
see there, that had excerpted PDFs as you described from
four different text message strings; correct?
A
Correct.
Q
Go to the next page. Go to page 2 of Exhibit 19.
Let's go one more page. Sorry. Go back up. So this is
the folder structure on the CD just so we can see it;
right? So then after you open the zip file folder, it
says zhadko.richard phone; right?
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A
Yes.
Q
Next page. And these are the four subfolders in
your Exhibit O?
A
Yes. The subfolders containing, yeah, the PDF
export.
Q
And can you explain to the court the significance
of the folder names, specifically, the numbers before
2021?
A
Those are the dates that they were exported, I
believe.
Q
I'm sorry. Before the date. So where it says 2LA?
A
Yes. 1B123 is the FBI's evidence number for the
digital device.
Q
Okay. So and that is the phone registered to a
Iullia Zhadko; correct?
A
Yes.
Q
All right. Scroll down if there is anything else.
I don't think there is. One more.
Okay. So as you can see from the screen shot,
this is when you click on the particular subfolder
labeled QLA1232021-04 -- sorry -- 26.15-26-59?
A
Yes.
Q
And then, specifically, there is a report, PDF
report I think which you described, and this is going to
represent the text message exchange between the Iullia
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Zhadko phone and a phone associated with Tamara Dadyan;
is that right?
A
I don't know. I would have to see that report
opened.
Q
In fact, we can go to Exhibit O I think. We will
just go to Exhibit O, and I am going to represent to you
that that report here, when you click on it, this is what
is in the Exhibit O that we are pulling up.
A
Okay.
Q
All right. So do you recognize what this is?
A
Yes. These are the text messages between Tamara
Dadyan and Richard.
Q
And Richard Ayvazyan?
A
Yes.
Q
And, specifically, it is actually from the Iullia
Zhadko, the phone registered to Iullia Zhadko?
A
Yes.
Q
So when you say it is with Richard Ayvazyan, that
is based on your investigation; correct?
A
Yes. It was from the 1B123 phone.
Q
Okay. And, at the very top, we see conversation,
instant messages, 4,911; is that right?
A
Yes.
Q
What does that mean?
A
I believe that -- I mean, to the best of my
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knowledge, that is each instance of a chat that occurs in
this text string.
Q
Okay. And the participants of this text string --
can we blow up the top part here so there is no doubt. A
person labeled as T; right? And with a phone number
ending in 5533; is that right?
A
Yes.
Q
And that is, as you know from the investigation,
from the phone at 1B21?
A
Yes, I believe so.
Q
In other words, one of the Tamara Dadyan phones?
A
I believe so, yes.
Q
And, again, 4170, that is the Iullia Zhadko phone?
A
Yes.
Q
1B123. The actual Cellebrite from the phone we are
actually looking at; right?
A
Yes.
Q
I won't have Ms. Romero scroll through, but is it
fair to say this excerpted PDF is 918 pages just by
itself?
A
Yeah. I recall it was fairly long.
Q
Any doubt that it is 918 pages?
A
No. That seems accurate.
Q
Okay. Let's just look at three examples of the
text messages that you excerpted from the Iullia Zhadko
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phone, 1B123. Let's start with -- and we will do it
right from this PDF. Let's start with page 391. Let's
look at the text message on the very top of the page.
It says -- and this is from the Zhadko phone;
right?
A
Yes.
Q
IE4170?
A
Yes.
Q
That is the end of the phone number basically?
A
Yes.
Q
And it says, Tam, escrow sent two forms, need to be
filled out to that Zhadko e-mail you have. Can you
forward to me or give me password.
And then there is a response to that text
message; right? From the 5533 Dadyan phone which is at
1B21?
A
Yes.
Q
And she says, send me; right?
A
Yes.
Q
Okay. Let's zoom out. Now, let's go to, actually,
before we do that, can we blow up the text messages right
below it, two text messages.
And the next text message says, what is the
password for forwardtoprojecthype30@yahoo.com; right?
A
Yes.
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Q
And the Dadyan phone responds, I will forward you
now, I send to your project e-mail; right?
A
Yes.
Q
Let's take a look at page 474 of the same exhibit.
Okay. In the middle of the page, it says, I did seven
apps last night, and four of them got e-mail that it is
funded. Do you see that?
A
Yes.
Q
And you reviewed this text message?
A
I reviewed it. I couldn't recall every little text
message.
Q
Of course. Do you understand that they are talking
about -- what are they talking about here?
A
To me it appears that they are talking about at
least from the investigation PPP or EIDL applications.
Q
And let's go to one last example, page 561?
THE COURT: What is the point of all this? I
remember these text messages from the trial. It seems
undisputed that the agent did look at this Cellebrite
report. Why are you reviewing certain communications or
exchanges in the report?
MR. RAM: Two reasons, your Honor. One, I was
just doing these three examples. I don't want to waste
the court's time.
THE COURT: But I remember -- the seven app thing
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I remember distinctly. He said something, I was up all
night or something, working hard with that.
I have a memory of all of these things. So I
don't want to restrict you but I don't see the point to
this.
MR. RAM: Just to highlight these were reviewed
back --
THE COURT: Well, I know that.
MR. RAM: And they were particularly powerful --
THE COURT: That is your view. I know the factual
backdrop.
MR. RAM: Okay. I don't need to show the last
example, then.
Q
Is it fair to say that you exported these 119 pages
because you thought they were relevant to your
investigation?
A
Yes.
Q
And you are aware that a subset of these text
messages in some form or the other were used at trial as
part of Government Exhibit 10 as the court just pointed
out, I think.
A
When you say -- can you clarify when you say
subset?
Q
You are familiar with Government Exhibit 10?
A
Yes, but that was from a separate phone.
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Q
Correct. But that separate phone reflected the
other side of the conversations that I just showed you.
Do you see that?
A
Yes, I did. I just wanted to clarify that it
wasn't these text messages that were shown at trial.
Q
Right. Because these text messages were on the
Zhadko phone which was suppressed; right?
A
Correct.
Q
Who else reviewed the text messages you exported
from the Zhadko phone, from the Zhadko Cellebrite?
A
I don't know.
Q
Well, who else did you send it to?
A
I don't recall specifically. I possibly uploaded
this to USAFX which is our share file for the
investigative team to review, but I don't recall
specifically. And, as you noted, it is a large file so I
don't think I would have e-mailed it.
Q
Okay. And who had access to the USAFX platform
that you loaded these text messages to?
A
At that time, it would have been myself, IRS Agent
Clark, SBA OIG Agent Tim Massino, Christopher Fenton,
Brian Faerstein, Catherine Ahn and the paralegals as
well.
Q
And did you discuss the text messages we just saw,
excerpted Exhibit O, with anybody else on the prosecution
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team?
A
Like via e-mail or just in general?
Q
In any way. Did you have any communications with
the prosecution team? Let me just take a step back.
These are obviously relevant text messages to your
investigation. I think you said that; right?
A
Yes.
Q
Did you discuss these relevant text messagings with
others on the prosecution team?
A
Yes, we did.
Q
And do you remember who you discussed them with on
the prosecution team?
A
I think with Mr. Fenton, Mr. Clark, I mean, maybe
some of the others, but not in substance. I just
recall -- the majority of my conversations would have
been with Mr. Fenton or Mr. Clark surrounding these
message.
Q
And that was roughly in your review timeframe of
February to March of 2021?
A
Yes. I exported these at end of April. So I think
likely, yeah, it would have been some time in April, mid
April maybe.
Q
Exhibit O, you exported in April? You sure about
that?
A
It was April 26, I think was the date.
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Q
When you sent them to attorney Fenton?
A
I couldn't tell you when I uploaded them, no.
Q
Okay. But you reviewed the Cellebrites back in
February, in March of 2021; right? I guess, so there is
no confusion. As part of your review -- I think your
declaration says, to make it easier to review, you
created an excerpt, a PDF excerpt of some of the relevant
text messages; right?
A
Yes. But I don't know if that was in February,
March or April. I couldn't tell you the timeline, but
just based on those folders we were going through, it has
the date of April 26 that is reflecting the export date.
Q
I see. So you don't know when you reviewed the
excerpted PDF specifically, the Exhibit O PDF?
A
Yes. I likely reviewed the text messages, but,
then, they were exported on April 26 and 27th, I think
were the dates.
Q
Correct. And then the next day, actually, on
April 27th, you send Exhibit O, the excerpted PTF's to
Mr. Fenton; right?
A
I don't recall.
Q
You don't recall sending Exhibit O to attorney
Fenton?
A
Sorry. On April 27?
Q
On April 27th.
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A
I don't recall.
Q
Okay. Should we take a look at your declaration on
page -- And have you reviewed any other witness'
declarations in this case, Agent Palmerton?
A
No.
Q
Okay. Let's take a look at page -- internal page
21 of 22, Paragraph 27. If we can just blow it up.
And when did you prepare this declaration,
sir?
A
This would have been on July 7th.
Q
Okay. So it says on the morning of April 27, 2021,
I sent the Gentleman Timepieces and Tamara Dadyan text
messages referenced above to Mr. Fenton.
A
Okay. Yes. So I guess I did. There must have
been an e-mail that I sent that I reviewed.
Q
And, as you pointed out, the folders looked like
they were created April 26 from the stamp; right?
A
Uh-huh.
Q
Did you create these folders to send to Mr. Fenton?
A
No. I don't recall. I think I just -- like I said
in my declaration, I was unfamiliar with Cellebrite so I
was -- I don't want to say playing around, but learning
how to use the export functions, exporting them to PDF on
this date and, then, yeah, I guess I sent it to
Mr. Fenton because I did they were relevant. I just
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don't recall specifically like this day.
Q
And how did you send it to Mr. Fenton?
A
It was -- it must have been either e-mail or I
uploaded it to USAFX and then noted in an e-mail that I
had uploaded it.
Q
And did you attach that e-mail to your declaration?
A
I did not.
Q
Do you remember that there is an e-mail?
A
I don't, but there must be based on my declaration.
MR. RAM: Your Honor, may we get a copy of that
e-mail?
THE COURT: No. It is not sufficiently relevant.
MR. RAM: The timing of it, your Honor?
THE COURT: I gave you my ruling.
Q BY MR. RAM: The prosecution was actively
investigating and prepping the first superseding
indictment around the same time you were reviewing the
information on the Miami Cellebrites; correct?
MR. O'DONNELL: Objection. Assumes facts not
testified to by this witness.
THE COURT: He has asked the question. He can
answer if he knows.
Q BY MR. RAM: Let me ask you one predicate question.
You are part of the prosecution team; right?
A
Yeah. The investigative team?
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Q
Sure.
A
Yes.
Q
And the question is was the prosecution team which
includes the investigative team and the prosecutors in
case it wasn't clear, were they actively investigating
and prepping to present a first superseding indictment at
the same time, around the same time you were reviewing
and exporting the -- or reviewing the messages on the
Miami Cellebrites?
A
No. Because, like I said in my declaration, I
didn't have a lot of time. I don't even think I reviewed
it prior to us going to grand jury, or, if I did, it was
very brief.
Q
So your testimony is you received the Cellebrites
on February 24th, but you didn't review them until after
March?
A
No. I think I said I had access to the Cellebrite
reports when they were uploaded. I just can't recall
specifically when I would have looked at them, but, in my
declaration, I note that we were preparing for the first
superseding indictment and I did not have a lot of time
to open up the Cellebrite reports. And, again, I was
unfamiliar with them.
Q
Let's go to your declaration, paragraph 25. Okay.
First sentence, from February 24th, 2021 to April 27th,
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2021, I recall accessing the Cellebrite reports less than
a dozen times. Do you see that?
A
Uh-huh.
Q
And, separately, you point out that you were busy
with preparing for the first superseding indictment;
right?
A
Yes.
Q
And my question to you was you were reviewing the
Cellebrites for Miami around the same time that the
prosecution team was preparing the first superseding
indictment. The answer to that question is "yes" or
"no"?
A
Well, I had reviewed them, but I was not actively
reviewing them. As I noted, I just -- I didn't have a
lot of time.
Q
When you say you had reviewed them --
A
I possibly opened them up. So, earlier, when you
mentioned that if I had reviewed it eight times, the
average was once a week, it was more like back loaded
after the indictment and we effected the arrest, I had
more time to review the Cellebrite reports. So more of
my time would have been spent after the indictment.
Q
Is your testimony that you did not review the
Cellebrites before the March 9th first superseding
indictment?
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A
I did review them, yes, but not in detail.
Q
Understood. So very simple question. So if you
reviewed the Cellebrites before March 9th, you knew the
information from the Cellebrites leading up to the
March 9th first superseding indictment; yes?
A
When you say knew the information?
Q
You had this information in your mind?
A
I had some information. Yes.
Q
Okay. Your declaration mentioned several
communications with the prosecution team but doesn't
attach them. And I want to highlight a couple and
maybe -- well, let's start with your declaration,
paragraph 26.
You say you sent an e-mail to AUSA Faerstein
that contained a summary of loans related to Redline Auto
Collision, Edward Paronyan.
Did you attach that e-mail to your
declaration?
A
I did not.
Q
Why not?
A
It was I think it was a very minor reference to the
phone. It did not seem relevant to attach, and, from
what I recall reading the summary, it wasn't even clear
that the information came from the phone. But I included
this just to make sure I was including as much as I
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could.
Q
Because it may have come from the phones?
A
Yes. Possibly.
Q
You just don't know, do you?
A
From that reference not particularly, but it was
possible, yes.
MR. RAM: Your Honor, we would request a copy of
that e-mail as well.
THE COURT: I don't think it is sufficiently
relevant under the circumstances of this hearing.
MR. RAM: Can we request it under Jencks, your
Honor?
THE COURT: No. I mean, you can, but I don't
think it is necessary either.
MR. RAM: Okay.
THE COURT: I think you are getting answers to
questions as this witness remembers them, and some of the
questions in my view aren't that relevant to the ultimate
issues.
Q BY MR. RAM: To be clear, this paragraph 26 in the
e-mail relates to whether or not information from the
Miami phones was used and shared with the prosecutors;
right?
A
Yes.
Q
Okay. Let's look at Paragraph 27 of your
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declaration. You didn't include this e-mail either from
the relating to the Dadyan and Gentleman Timepieces text
messages; correct?
A
No.
MR. RAM: We make that same request, your Honor.
We understand the court's ruling.
THE COURT: He said he didn't do it, and I don't
see that to be a point of particular importance in
assessing this motion.
Q BY MR. RAM: Why were these -- I'm sorry. So let's
go to -- did you review Mr. Fenton's second declaration
related to this case, to the Kastigar hearing?
A
I didn't review any other declarations related to
the Kastigar hearing.
Q
Okay. Now, focusing back in on the April 27th
transfer of Exhibit O to Mr. Fenton which I believe you
were refreshed by your declaration?
A
Yes.
Q
Did Mr. Fenton ask you to send him those text
messages?
A
I don't recall.
Q
Did you have a conversation with Mr. Fenton on
April 26th or April 27th about the text messages?
A
We likely did. I just -- I don't recall.
Q
And this is approximately two months ago?
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A
Yes.
Q
Or three.
A
Three, yeah.
Q
And did you send all 100 -- I'm sorry -- all 918
pages of Exhibit O to Mr. Fenton?
A
Again, I would have to look at the e-mail. It
could have been excerpts, but it was possible I sent just
the PDF as opposed to that entire folder.
Q
And when you say you have to look at the e-mail,
that is the one you didn't attach to your declaration;
correct?
A
Yes.
Q
Lastly, let's talk about any procedural safeguards
or mechanisms put in place about reviewing Miami phone
information. I believe you said your investigation
started late June of 2020; correct?
A
Yes.
Q
In October of 2020, when the Miami phones were
seized, were there any type of additional or new
restrictions or tracking of access put on any of the
files or information in this case?
A
No. Aside from just our chain of custody.
Q
And that is routine chain of custody in every case;
correct?
A
Yes.
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Q
But any mechanisms to track, for example, when
someone accesses Cellebrite for one of the phones or
anything along those lines, any type of protocols
instituted that you were aware of?
A
No.
MR. RAM: Okay. No further questions.
CROSS-EXAMINATION
BY MR. FRASER:
Q
Agent Palmerton, do you have a copy of your
declaration available to you there?
A
Not in front of me, no.
Q
Okay.
MR. FRASER: With leave of the court, I will give
a copy to Agent Palmerton.
MR. FRASER: Your Honor, may I approach Agent
Palmerton?
THE COURT: Yes.
MR. FRASER: Thank you.
Q
Good morning, Agent Palmerton.
A
Good morning.
Q
Since 10:00 a.m. yesterday, have you spoken with
anyone about this case whether in person or via phone or
e-mail, through any medium?
A
Can you clarify?
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Q
I intended it to be to be a broad question. Have
you spoken with anyone about this case?
THE COURT: And that would include his wife or?
MR. FRASER: Okay.
Q
Anyone who works for the United States government?
A
Yes, we did talk about the case, but nothing
substantive.
Q
Okay. Who are the people who work for the
government that you have spoken with about the case since
yesterday at 10:00 a.m.?
MR. O'DONNELL: Objection as to relevance, your
Honor, as well as any intrusion into privileged
communications.
THE COURT: He didn't ask for what was said. He
asked for whether he spoke to other people.
MR. O'DONNELL: Understood, your Honor.
THE COURT: Credibility may be an issue. So I
will allow the question.
THE WITNESS: Yes, we did speak about the case.
Q BY MR. FRASER: So with whom did you speak?
A
As we were in the back with some of the other
witnesses, Niall, Mr. Cipolletti and Mr. Fenton.
Q
Okay. You spoke to Mr. Fenton about yesterday's
proceedings?
A
Yes, but nothing substantive, nothing related to
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his testimony.
Q
Did you discuss with Mr. Fenton the events with CBP
on October 19th through 20th, 2020?
A
Yes.
Q
What did you all talk about in that regard?
A
We talked about the timeline of what had happened.
Q
And you talked about -- you were in communication
with Mr. Fenton on the night of October 19th into 20th,
2020; correct?
A
Yes.
Q
And, yesterday, you and Mr. Fenton talked about
those communications?
A
No. It was this morning.
Q
Okay. And you also talked with Mr. Fenton since
yesterday morning about the order in which CBP found
evidence; correct?
A
He asked me.
Q
And you answered, of course.
A
Yes. What my recollection was.
Q
Okay. And that includes the sequence of CBP
finding credit cards versus CBP's review of the phones;
correct?
A
Yes.
Q
So tell me about that conversation you had with
Mr. Fenton I guess it was this morning?
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A
He asked what my recollection was of that day, and
I said basically what the timeline was. And it was -- it
was a hectic day, and it was some time in the evening
receiving a call from CBP letting me know that they had
stopped Ms. Terabelian and Mr. Ayvazian, found credit
cards, and then we had a subsequent call where they
discussed the phones. He was just asking what my
recollection was of the timeline.
Q
And, in the answer you just gave, you are
describing communication you had with Mr. Fenton this
morning; is that right?
Q
Did you also have communication with Mr. Fenton
yesterday?
A
Yes, but not regarding the case.
Q
Okay. So returning to the conversation you had
with Mr. Fenton this morning, how did that conversation
begin?
A
I think he asked me, he was like when we -- we were
discussing when we did the stop, what was the timeline,
what do you recall from that day? Like, when did they
discuss the credit cards versus the phones?
Q
And did he talk about why he was asking you that?
A
I think he said that there was like a concern about
what the timeline of evidence was.
Q
Thank you. Agent Fenton(sic), how many years have
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you been an FBI agent?
A
Agent Palmerton.
Q
Excuse me. Agent Palmerton?
A
Approximately three-and-a-half years.
Q
And your job is to investigate cases?
A
Primarily white collar cases, yes.
Q
And you want to build the strongest case you can
against each suspect?
A
Yes. I want to investigate all the facts.
Q
You don't stop when you have probable cause against
a particular suspect?
A
No. No. We try not to.
Q
You continue investigating the case until you are
told not to?
A
No. I think we keep doing what we do per FBI
policy, just keep collecting facts.
Q
Okay. You just keep collecting facts to build as
much information as you can?
A
Yes.
Q
And as you are doing that, things that you find
help explain things that you found earlier in your
investigation; correct?
A
Yes.
Q
And sometimes, the meaning of something that you
found becomes clear only later when you find other
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evidence; correct?
A
Yes.
Q
You also have training on the constitution?
A
Yes.
MR. O'DONNELL: Objection. This is argument, your
Honor.
THE COURT: Sustained.
Q BY MR. FRASER: Okay. Before your work on this
case, had you ever heard of Kastigar?
A
I had not.
Q
And you never had to trace taint through an
investigation before this case; correct?
A
Define taint.
Q
You never had to trace the use of particular items
of evidence through the course of investigation before
this case, did you?
THE COURT: Items that were suppressed.
Q BY MR. FRASER: Items that were suppressed.
A
In this instance, are you referring to the phones?
THE COURT: Just generally. I mean, did you ever
have an investigation where you had to avoid some
evidence because the evidence was suppressed?
THE WITNESS: Not that it was suppressed. I'm
just thinking of --
THE COURT: Well, that is the question.
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THE WITNESS: No.
Q BY MR. FRASER: Okay. And have you ever traced the
use of compelled testimony?
A
No.
Q
Okay. And so, in June of 2020, you had no
knowledge of what Kastigar is?
THE COURT: He said that.
MR. FRASER: Okay. Thank you.
Q
When did you first become aware of the Kastigar
issue?
A
I don't recall specifically. Sometime in April or
May possibly.
Q
Okay. And in preparation for today's hearings, you
mentioned you prepared a declaration?
A
Yes.
Q
And the purpose of the declaration was to follow
the court's order for this Kastigar hearing; correct?
A
Yes.
Q
And you understood that to mean showing the
evidence that the government had at various times in the
investigation; correct?
A
Yes. Related to the two phones.
Q
Yes. And so you were as thorough as possible in
preparing that declaration; correct?
A
Yes, I tried to be.
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Q
And you reviewed it after you wrote it before
signing it; correct?
A
Yes.
Q
And, again, did you review it in preparation for
your testimony today?
A
I did.
Q
Did you leave anything significant out of your
declaration?
A
No, not that I recall.
Q
Please take as much time as you need to review it
and let me know if there is anything significant that you
left out?
THE COURT: That is such a broad question that you
will have to address that more specifically.
Q BY MR. FRASER: Of course, the phone evidence in
Miami has evidence related to Marietta Terabelian.
You would agree with that; correct?
A
The phone, yes. The Victoria Kauichko phone I
believe.
Q
And does your declaration thoroughly document what
you knew of Marietta Terabelian as of October 19th?
A
Hang on. Let me --
THE COURT: What he knew as of October 19th. Do
you mean before the search or after the search?
MR. FRASER: As of Ms. Terabelian's arrival at the
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Miami airport.
THE COURT: Well, then, that is before the search.
MR. FRASER: Yes.
THE COURT: Why don't ask you it that way and be
clearer.
MR. FRASER: My apologies.
THE COURT: You are asking him what he knew about
his investigation regarding the PPP fraud and any
connection to Marietta Terabelian. That is the question.
MR. FRASER: Yes.
THE COURT: Then answer.
THE WITNESS: Yes. No. I mean, there were items
left off about the investigation, but --
THE COURT: Well, that is not the question now.
He wants to know what you knew before the search about
any evidence that would relate to Mary Terabelian's role
if any in your investigation.
THE WITNESS: Correct. I suppose looking at this
now I talked about the flow of funds from the Iullia
Zhadko bank account into the escrow account, but I don't
talk about the flow of funds from Marietta Terabelian's
bank account into the escrow account for the purchase of
the 4910 Topeka property.
Q BY MR. FRASER: Okay. So as far as the evidence
that you had before the Miami search about Marietta
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Terabelian's role, you had, for one thing, you had the
flow of funds; correct?
A
Yes. And, then, I think later I mentioned that
Gohar Terabelian was living at the 1834 Calle La
Primavera property.
Q
Yes. And your declaration states that you learned
subsequently that that was Marietta Terabelian's sister?
A
Correct.
Q
Subsequently means after the stop; correct?
A
Correct.
Q
And that is part of what was referred to in CBP's
report of interviewing Ms. Terabelian, isn't it?
A
Yes.
Q
Okay. And you also knew that Marietta Terabelian
was married to Richard Ayvazyan before the Miami search;
correct?
A
Yes.
Q
And, now, we have covered what you knew about
Marietta Terabelian as of the Miami searches, everything;
correct?
A
Yes. In addition to I think that we knew that she
had been previously convicted for mortgage fraud.
Q
Okay. Thank you. And the Victoria Kauichko
identity was not involved in the 2012 conviction;
correct?
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A
No, it was not.
Q
And so on October 16th, 2020, you learned that
Ms. Terabelian would be traveling to the United States on
the 19th?
A
Yes.
Q
And how did you learn that?
A
That was through the detect system which is the
system that notifies law enforcement when people that are
placed in the system are traveling over the borders.
Q
And you had set up text alerts for Ms. Terabelian?
A
Ms. Terabelian and Mr. Ayvazyan and numerous other
individuals, yes.
Q
And so you instructed the officers to stop --
THE COURT: You know, you are going over territory
that was thoroughly explored at the motion to suppress,
and these things are not disputed. So let's get to
things that are important. You are taking up unnecessary
time.
Q BY MR. FRASER: Agent Palmerton, the government
argued that Ms. Terabelian was guilty because in part
that she assumed the identity of Victoria Kauichko. You
are aware of that; correct?
A
Yes.
Q
So evidence of her doing that was important in your
investigation; correct?
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A
Yes.
Q
Evidence of her doing that from her phones could be
powerful evidence in the case against her; correct?
A
It would be relevant evidence.
Q
And certainly not evidence you would want to miss;
isn't that right?
A
Yes.
Q
Okay. So you knew that a credit card -- actually,
it was a debit card -- in the name of Victoria Kauichko
was found with Ms. Terabelian at the Miami airport?
A
Yes. I believe it was found in her purse.
Q
Okay. She denied that she had put it there;
correct?
A
I think that is from the CBP statement or report;
yeah.
Q
Okay. And she disclaimed knowledge of that card;
correct?
MR. O'DONNELL: Objection as to argumentative,
cumulative, your Honor.
THE COURT: I don't see the point to that. That
was an issue that the jury had to consider, and she
denied it.
What is your view of the evidence that if she
denied it that the custom should accept it?
MR. FRASER: Quite the opposite.
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Q
It is that because she denied it, Agent Palmerton,
you would want to be in a position to disprove that;
correct?
THE COURT: Well, I don't know where this is
going. I mean, that is what happened. She was found
with a credit card on her person at the same time six
other cards or some other number were found in the
luggage of her husband. That is what the record shows.
So, when she was found with the card, she denied it.
That is well established. Let's go to something that
helps me more than that.
Q BY MR. FRASER: You understand how people use smart
phones. You are trained on that; correct?
A
Yes.
Q
And you understood that the contents of the phone
could help refute her denial of responsibility for the
card; correct?
A
Possibly.
Q
And, in fact, the contents of her phone did just
that?
A
I believe there were text messages where it was her
representing to be Victoria Kauichko, and that is based
on my review of the complaint.
Q
Okay. You discussed with Mr. Fenton on
February 2nd this set of 141 photos that CBP had taken
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from the phones in Miami; correct?
A
Can you clarify?
THE COURT: What is unclear about that question?
THE WITNESS: I guess --
THE COURT: He asked you whether you discussed on
February 2nd the 141 phones that were found on the
phones?
THE WITNESS: I believe we did. We likely did,
yes, discuss the images.
THE COURT: So why were you hesitant to answer?
THE WITNESS: I guess I wasn't sure if it was on
that date or not.
Q BY MR. FRASER: Okay. Would reviewing your
declaration refresh your memory?
THE COURT: Why is that date important? It was
February 2nd.
MR. FRASER: It is not critical.
THE COURT: So why are we doing it?
MR. FRASER: Okay. I will move on.
Q
But I would like to review those images with you,
Agent Fenton -- Agent Palmerton, excuse me.
For the record this is Exhibit 1 to the
declaration of Scott Paetty.
MR. O'DONNELL: Yes. Scott Paetty. Or are you
trying to show him the Palmerton declaration?
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MR. FRASER: No. That was not an instance of
dispute.
Q
Okay. I am just going to flip through some of
those photographs. You recognize these as being CBP
photographs of the Miami phones; correct?
A
They appear to be, yes.
Q
Okay. And do you recall that the set of
photographs is bookended with images that indicate which
phone we are looking at? Do you recall that?
A
Yes.
Q
So, here, for instance, this is the first
photograph in the set. We are looking at a screen that
says Apple ID, and, underneath that, it shows an e-mail
address; correct?
A
Yes.
Q
And that is mary.abelian@yahoo.com?
A
Yes.
Q
So this image would help show that Ms. Terabelian
was the user of this phone; correct?
A
I mean, yes. Yes.
Q
And, now, we are moving on to the second image here
which shows the model of phone; correct?
A
Yes.
Q
And there is another image which has here in the
middle an IMEI number. Do you see that?
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A
Yes.
Q
And that is the number that you use in identifying
the smart phones; correct?
A
Yes. One of them, yes.
Q
So it is a unique number for a particular cell
phone; correct?
A
Yes, I believe so.
Q
And, now, we are looking at an image from the Miami
phone, and it says at the top Susanna Mkrtchyan. See
that?
A
Yes.
Q
That name had significance in your investigation;
correct?
A
It did, yes. And that is a name that a vehicle was
registered in that you came to know of in your
investigation; correct?
A
Yes.
Q
Associated with the residences that you believe
were purchased with fraudulently obtained disaster relief
loan funds?
A
Yes.
Q
And it has apparent personal identifying
information written on it by hand; correct?
A
It does.
Q
And an e-mail address?
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A
Yes.
Q
And not only that, it has right here, Fiber One
Media?
A
Yes.
Q
That name has significance in your investigation
too; correct?
A
Yes.
Q
When you had CBP stop Ms. Terabelian, you e-mailed
them giving them some information about information you
were looking for; correct? You suspected Ms. Terabelian
of involvement in a fraud scheme that involved the use of
fake ID's; correct?
A
Yes.
Q
Synthetic ID's?
A
Yes.
Q
Fake businesses?
A
Yes.
Q
And, here, we have an image of a driver's license.
Do you see that?
A
Yes.
Q
And whose name is on that driver's license?
A
Norayr Vardanian.
Q
Not Marietta Terabelian, of course?
A
No.
Q
This is the kind of thing you told CBP you were
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looking for; right?
A
I would have to look at the e-mails specifically,
but I think I said that she could be traveling with --
THE COURT: I can't hear what you are saying. Why
can't you speak more clearly. I have asked you that
three or four more times, and, during the trial, it was
the same thing.
THE WITNESS: Yes. I'm sorry, your Honor.
THE COURT: You mumble.
THE WITNESS: Sorry, your Honor.
I don't recall specifically what I asked. I
would have to look at the e-mail, but I did ask them, I
believe, that she might have been traveling with fake
stolen synthetic identities and cash, gold. I believe
that was the substance of my e-mail.
Q BY MR. FRASER: And you are right about that. Your
memory is correct so I won't take the court's time with
showing that e-mail. Let's go to the next image.
Here is a picture of that driver's license;
correct?
A
Yes.
Q
And here is the next image this one is interesting,
isn't it?
A
Yes.
Q
Whose name is at the top of that image?
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A
Victoria Kauichko.
Q
Okay. And whose name is at the top of the screen
indicating that it is the contact that this came from?
A
Rich.
Q
And that is the first name of Ms. Terabelian's
husband; correct?
A
Yes.
Q
Defendant 1 in this indictment?
A
Yes.
Q
And what do you see underneath the name Victoria
Kauichko?
A
It looks like a Social Security number, a date of
birth, an address, phone number and then a house address
and then some notes on what appear to be calling about
utilities.
Q
Not just any house address; right?
A
Yes. The 74203 Anastasia Lane.
Q
That is one of the subject properties in this case;
correct?
A
Yes.
Q
And you also did investigation on that 6150 Canoga
Avenue address; correct?
A
Yes. We executed a search warrant.
Q
And this wasn't just sent to Ms. Terabelian's
phone, was it? She responded; correct?
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A
Yes.
Q
She responded not a minute after receiving it.
Do you see that?
A
Yes.
Q
This is powerful evidence, wouldn't you agree?
MR. O'DONNELL: Objection as to argument, your
Honor.
THE COURT: I mean, I am the fact finder here,
and, as I said yesterday, the label on the evidence and
its significance, my view is that all these things on the
phone are certainly relevant and so I am accepting that.
I am not questioning that for the moment.
Whether it was powerful, confirming,
cumulative or whatever, those are other questions, but it
certainly is relevant. And any investigator would want
to know about these things. So to the extent that you
think I am not perceiving that, I perceive that.
MR. FRASER: Yes, your Honor.
Q
And, more to the point, you were not asking CBP
before Ms. Terabelian got to the airport for evidence by
her of use of the Victoria Kauichko identity
specifically, were you?
A
Not specifically, no.
Q
That is a theory that was adopted based on the
Miami airport evidence; correct?
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A
Yes. The credit card and the phone.
MR. FRASER: No further questions. Thank you.
THE COURT: Thank you.
THE WITNESS: Thank you, your Honor.
MR. SILVERMAN: We call Ms. Catherine Ahn next.
(The witness was sworn.)
THE CLERK: State your full name, and spell it for
the record.
THE WITNESS: Catherine Ahn. C-A-T-H-E-R-I-N-E,
A-H-N.
CROSS-EXAMINATION
BY MR. SILVERMAN:
Q
Good morning, Ms. Ahn.
A
Good morning.
Q
You were assigned the case on May 7th, 2021?
A
Yes.
Q
And trial was scheduled at that time for June 15th;
correct?
A
Yes. That is correct. 2021.
Q
And you had to get up to speed quickly?
A
Yes. Yes.
Q
Do you recall what sort of background materials you
read to get up to speed?
A
I read the first superseding indictment. I read
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the prosecution memo. I read portions of the grand jury
transcripts. I spoke with trial attorney Fenton and AUSA
Paetty. I mean, those were the basics.
Q
Would it be fair to say that trial attorney Fenton
and the investigating agents on the case had more
experience with the case than you did at that time?
A
Yes. They were on the case before I joined the
case.
Q
And would it be fair to say that you had to lean on
their understanding of the case?
A
I am not sure what you mean by lean. Do you mind
clarifying.
Q
When you had questions about evidence or
interpreting documents, did you ever turn to them?
A
So I did ask questions about, for example -- it is
a pretty broad question so I am trying to be specific.
Do you mind narrowing it down a little so I
make sure to answer your question?
Q
Sure. I am going to change directions slightly.
In addition to the materials that you mentioned, did you
review any internal work product, written work product?
A
The prosecution memo.
Q
And did you review additional materials that have
been up loaded to the USAFX?
A
Yes. So there was a key for the first superseding
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indictment. So, like, what is lender A. The indictment
doesn't say. So I looked for a key that had what lender
A was.
Q
Did you review any text messages that had been
uploaded to USAFX?
A
Do you mean as part of work product, like attorney
text messages or messages that were obtained as evidence
as a result of, for example, the residential search
warrant?
Q
Did you review any text messages between Tamara
Dadyan and the 1B123 phone that had been uploaded to
USAFX?
A
I don't know what the 1B123 phone is.
Q
I will represent to you that the 1B123 phone is
registered in Iullia Zhadko's name and was one of the
phones suppressed in late April.
Did you review any text messages between
Tamara Dadyan and that phone that had been uploaded to
USAFX?
A
So I reviewed messages from Tamara Dadyan's phone
1B21, and I understand that 1B21 contained text messages
between that phone and a 4170 phone number. I do not
recall ever reviewing a 1B123 phone.
Q
And have you read the submissions to this court
including the declarations from other witnesses?
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A
I very briefly scanned the filings to look for
sensitive personal or financial information that could be
the basis for a sealing request. I didn't review them in
detail or try and digest the content of what happened.
It was a review for sealing purposes only.
Q
And, specifically, Agent Palmerton's Exhibit O that
was filed on a disk, did you review that in preparation
for this hearing?
A
I looked at Exhibit O, and I saw that it could not
be turned into a PDF because it appeared to contain a
Cellebrite report. I didn't try to open the Cellebrite
report. I didn't try to open it. I just saw that it was
something that could not be submitted through a normal
paper filing, and so I, then, took steps to submit it as
a disk, as a manually lodged disk.
Q
And the last question about what you reviewed,
before trial, was there any time when you reviewed a set
of text messages between Tamara Dadyan and Richard
Ayvazyan that had been selected by Agent Palmerton?
A
The 1B21 text messages were selected by Agent
Palmerton, yes. Well, I should clarify that. The 1B21
text messages had been uploaded to USAFX, I don't know if
Agent Palmerton actually extracted only selected messages
that he selected. My impression is that he uploaded what
he understood or what he had access to as the text
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message conversation between those two phone numbers.
However, the stuff that we received had already been
filtered for privilege.
Q
And when you say that he uploaded the text messages
between those two phone numbers, which two phone numbers
are you referencing here?
A
The 1B21 Tamara Dadyan phone that was found at
Weddington and the 4170 phone number with the contact
identified as Rich New.
MR. SILVERMAN: Can we please pull up Ms. Ahn's
Exhibit B as in boy, and if we could go to page 3.
Q
Ms. Ahn, I am showing you what you attached to your
declaration. Is this an e-mail from Mr. Paetty on your
first day on the case?
A
Yes.
Q
And does this e-mail assign you some level of
responsibility over certain categories?
A
We were trying to figure out trial exhibits, and
AUSA Paetty mentioned that we were asked that he and I
should be looking at categories 2 and 4 I believe which
are identified in the exhibit.
Q
And, specifically, under category 4, one of the
subcategories is phones; correct?
A
Yes, that's correct.
Q
It was one way in which you intended to prove
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linkage.
A
Yes. Like linking the defendants to the
applications.
Q
And would that also include linking the defendants
to the overall conspiracy?
A
Yes. The applications were charged as part of the
bank and wire fraud conspiracy.
Q
And Mr. Paetty's e-mail in the second paragraph
states that the agents would be pulling docs over the
weekend and uploading to USAFX; correct?
A
Yes, that's correct.
Q
And were those the documents that were pulled by
Agent Palmerton and uploaded to USAFX?
A
Yes.
Q
Specifically, he pulled documents from the phones
and uploaded them for your review?
A
Not just for my review, but for potential use as
trial exhibits at trial.
Q
And so, on Monday, May 10th, you began reviewing
the documents he had uploaded; correct?
A
Sometime around then. Probably May 10th. I can't
recall specifically. Definitely, yeah, I think it is
likely Monday, May 10th because we later had an e-mail
conversation on May 11th, and I recalled reviewing the
text messages almost all night. So it would have been
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May 10th.
Q
Do you know if Agent Palmerton had uploaded all of
the text messages that were on the 1B21 phone
specifically?
A
Like every single text message found on the phone?
Q
Correct.
A
I don't know what he did. I did not see something
that would look like every single text message on the
phone.
Q
Do you remember approximately how many files you
did see?
A
Files is a pretty, like -- so, for example, just
the text message, even the exhibit, Government Exhibit 10
has, like, a large number of files because of the
attachments, et cetera. So I really can't give you a
good faith number.
Q
I can rephrase to get at what I am trying to get
at.
Do you remember approximately how many text
messages or pages worth of text messages, either of
those, that you did see?
A
I can tell you that the initial text message
conversation between Tammy and Rich New was almost a
thousand pages. I think it was 941 pages, and it
contained a broad range. So it was like, I think, late
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2019 through October, 2020.
Q
And had Agent Palmerton uploaded additional text
message conversations from 1B21 other than the
conversation you just referenced?
A
I don't remember. It is possible, but I just don't
remember.
Q
So it is possible that the only text message
conversation that had been uploaded was between Tammy and
Rich New?
A
I honestly don't remember. I do remember seeing
specifically the text message conversation between Tammy
and Rich New, and I focused on that. I just -- I don't
recall whether or not there were other text messages.
Q
The text message conversation between Tammy and
Rich New, was it in a PDF format?
A
The actual messages themselves like the literal
text was in PDF format, but there were attachments like
images and files I think they sent to each other, and
those were in a variety of formats, you know, JPEG, PDF,
whatever format it was sent in.
Q
Fair to say that you did not now how Agent
Palmerton selected these text messages?
A
I don't know if that's correct. My understanding
is he took them from the Cellebrite report.
Q
And do you know what criteria he used to select
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these specifically from the Cellebrite report as opposed
to other text messages on the Cellebrite report?
A
Well, the contact name was Rich New. I mean, I
didn't speak with him, you know, why did you select this
one versus the other one. It was sort of self evident
that this was between Tamara Dadyan and Rich because of
the contact name. But I didn't have a specific
conversation interrogate him about it. It seemed pretty
obvious to me why it would be important.
Q
Around that time, you also spoke with Mr. Fenton
about the cell phones; correct?
A
Yes. Yes.
Q
And did he suggest which phones you might want to
start with in your review?
A
No.
Q
What did he say about the cell phones?
A
I remember there was a discussion, hey, there is --
they are uploading stuff to USAFX. I remember him saying
don't look at 1B85 yet, we are going to make sure that it
doesn't have any stuff on it, stuff being potentially
privileged things. And so I did not look at 1B85.
Q
And 1B85 is Richard Ayvazyan's phone?
A
Yes. Yes. It was one of the phones found at the
Topeka residence in November, 2020.
Q
Did he comment upon or relay the contents -- I'm
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sorry. Strike that. Did he comment upon the contents of
any of the phones in your recollection?
A
The things that I recall specifically is him
telling me not to look at 1B85.
Q
So you referenced that on approximately -- on or
about Tuesday, May 11th, you sent an e-mail updating
people about your review; correct?
A
Are you referring to Exhibit --
Q
Exhibit A to your declaration?
A
Exhibit A. Oh. Yes. I don't know if that was an
update about my review. It was a response to an e-mail
sent by trial attorney Fenton about loans.
MR. SILVERMAN: Could we please pull up Exhibit A,
Ms. Romero.
Q
And so your e-mail is the bottom one here?
A
Oh. Yes. Sorry. I was confusing this with I
think Exhibit E. So thank you.
Q
I apologize. I didn't mean it to be a pop quiz?
A
No. I appreciate you showing it to me.
Q
So you had begun reviewing phone 1B21 at this
point; correct.
A
Yes, that is correct. Well, to be clear, I started
reviewing the text messages that I understood to be
obtained from 1B21.
Q
Correct. And the subject line is Tamara and
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Richard text messages, part 2; correct?
A
Yes.
Q
And can you tell me what part 2 means?
A
So there were two sets of text messages, both
between Tamara Dadyan and what we understood to be
Richard Ayvazyan. There was one that was just a -- I
don't remember exactly the filing, but it didn't have a
part 2 like, Tamara and Richard --
THE COURT: I didn't hear a word of what you just
said.
THE WITNESS: My apologies.
So there were two sets of text messages
between Tamara Dadyan and we assumed to be Richard
Ayvazyan. One set, I don't specifically recall the file
names associated with it, but it did not have like a part
1 or anything like that. It just, you know, Tamara and
Richard text messages, for example, and there was a
second one that said part 2 on it.
I looked at the one that didn't have part 2 on
it, and it was a smaller, smaller file. The PDF of the
actual text messages was a smaller file. I then looked
at part 2 and recognized that the first set was actually
a subset of part 2, and you can kind of see that I am
referencing that in my last sentence of my first
paragraph which says text chain is here, it is labeled as
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part 2 but basically has all of the other text chain
between the two of them found and more. And so, then,
because I realized that part 2 is actually the larger
set, I worked off of part 2.
Q
Now, fair to say that you recognized the relevance
and persuasive value of the text messages selected by
Agent Palmerton?
A
I recognized the relevance and persuasive value of
the text messages. Again, I am not -- it is not my
understanding that he sent out select individual messages
for my review. It is my understanding that this was the
text message conversation, but, again, I didn't have a
specific conversation with him about it.
Q
But there were some things where you still needed
help understanding the text messages that had been
uploaded; correct?
A
Yes. Yes.
Q
And, specifically, you thought that Agent Massino
might be able to help; correct?
A
Yes. Because he was familiar with the
applications.
Q
And do you recall whether you did reach out to
Agent Massino for help understanding or interpreting the
text messages?
A
I remember telling him over the phone that I would
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give him a call to follow up with questions about the
applications, but I ended up getting so busy that I
didn't. And it wasn't until later when we were thinking
about the witness list that it -- I thought that he would
be a good witness to present whatever would end up as the
trial exhibit related to the text messages which ended up
becoming Government Exhibit 10.
And, at that point, I reached out to him to
start looking through and help me essentially create
Government Exhibit 10 out of the much more extensive text
message conversation that we originally had. So that was
my conversation with Agent Massino as to the text
messages.
THE COURT: How much longer do you expect to go?
MR. SILVERMAN: 10 to 15 minutes at most, your
Honor.
THE COURT: I have another matter now, and it is
approaching the noon hour. So let's take the recess, and
come back at a quarter to 1:00.
(Luncheon recess from 11:48 a.m. to 12:45 p.m.)
THE COURT: We are going to finish up with
Ms. Ahn; right?
MR. SILVERMAN: Yes, your Honor.
Q
Good afternoon, Ms. Ahn.
A
Good afternoon.
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Q
On May 7th, you received, the trial team received a
letter regarding exposure to tainted evidence; correct?
A
We received a letter from I believe your firm
regarding -- two letters, a discovery letter and a letter
describing tainted evidence.
Q
And the letter flagged as what we consider to be
tainted evidence, information about Iullia Zhadko, Nazar
Terabelian, Olaf Lansgaard, Mary Smbatian, Picadilly
Jewelers and others; correct?
A
Yes. I think it was ECF 338, Exhibit A.
Q
And did the trial team enact any prophylactic
measures in response to this letter?
A
What do you mean by prophylactic measures?
Q
Did the trial team engage in a review of where
their evidence regarding each of those topics had come
from.
A
Like the entirety of Iullia Zhadko? The entirety
of Nazar Terabelian? Is that your question?
Q
Correct.
A
My understanding is -- I wouldn't say it is as a
response to the letter. There was a discussion after --
as far as I know, that I participated in, after May 13th
which I describe in my declaration about the potential
Kastigar issue, but I wouldn't say there was a flurry of
activity as a result of the letter.
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Q
And so there was no sort of systematic examination
of where evidence regarding each of those topics had come
from; correct.
Q
At that time?
A
Not that I participated in. I can't speak to
others. I know that, for example, I am aware that after
May 13th because I participated in those discussions,
that there was an analysis, a pretty systematic analysis
regarding the potential scope of the Kastigar issue, its
potential impact on trial evidence, et cetera, and trial
attorney Fenton was from my observation pretty deeply
engaged in that. I did not participate in that analysis.
Q
Now --
A
Well, I didn't directly participate in the
analysis. Obviously, I was part of those conversations.
Q
Up until this point, Mary Simbatyan had previously
been a potential witness for the government; is that
correct?
A
Which point?
Q
Up until May 7th, 2001, mary Simbatyan had been
listed as a potential witness for the government;
correct?
A
Listed where? Was there a list? I am not aware of
a witness list that was created with Mary Simbatyan's
name on it.
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Q
When you came on to the case, did you receive any
communications or work product regarding potential
witnesses?
A
We had a discussion, I remember, about evidence,
and trial attorney Fenton mentioned Ms. Simbatyan as a
potential witness.
Q
And was the argument that she had been selected
based on tainted information a contributing factor to the
decision not to call Ms. Simbatyan?
A
I can only speak to what I participated in, like
the conversations that I participated in, and I actually
discouraged calling her as a witness because I was
concerned the defense theory of the case would be
extracted from her through her testimony on
cross-examination. It was more of a trial strategy
issue. I wasn't really -- Kastigar was not something on
my mind when I made that recommendation.
Q
After this May 7th letter, there was a May 13th
telephone call between the defense counsel for
Mr. Ayvazian and the trial team; correct?
A
Yes.
Q
And you attended that phone call?
A
Yes. I was a participant.
Q
And you mentioned some May 13th telephone calls
involving you, Mr. Paetty and Mr. Fenton. Was that in
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response to the call or as a result of the call with
defense counsel?
A
Yes. That's correct.
Q
On the call with defense counsel, defense counsel
broached the subject of a possible plea bargain; correct?
A
Yes.
Q
And was the possibility of a plea bargain discussed
in any telephone calls that occurred on May 13th
involving you, Mr. Paetty and Mr. Fenton?
A
I think it was -- it is not so much -- I am trying
to answer your question. If your question is did we
discuss the proposal that was raised by Mr. Ram, yes, we
did discuss that proposal.
Q
And on those same telephone calls you also
discussed at least in general terms the evidence seized
at the Miami stop; correct?
A
Yes. Because there was a question as to the
likelihood of the Kastigar motion prevailing, and what
exposure if any we had with respect to the trial evidence
that was being discussed, and my recollection is that
there was no exposure.
Q
In addition to Mr. Paetty and Mr. Fenton, did you
speak with anybody else regarding the proposed plea
bargain offer?
A
Yes. So I wanted a better understanding of the
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likelihood --
THE COURT: Who did you speak to? That was the
question.
THE WITNESS: Yes. Bram Alden, the appeals chief,
Brian Young who I understand handled fraud related
appeals at main DOJ. I think -- I think likely also
Cathy Ostiller. Although, I think -- it is not a
concrete recollection, but she was part of some of the
thornier issues that were being discussed. So it was
likely she was invited to the conversation.
Q
In relation to the conversations that you do have a
concrete recollection of, were the Kastigar issues
referenced in those discussions?
A
Yes. Yes. That was the purpose of the calls, and
also Ms. Katzenstein.
Q
And were the contents of the Miami phones discussed
in general or specific terms during those calls?
A
Only in very general terms.
Q
And can you give me an idea of what you mean by
very general terms?
A
For example -- and I am raising a hypothetical
question, I don't specifically recall the question being
asked in this specific way, but I recall a general
question being asked are we using any of the evidence
from the Miami cell phones at trial, and the answer was
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no. Did we use the evidence from Miami cell phones in
grand jury for the first superseding indictment. The
answer was no. Like those types of -- that level of
generality.
Q
So there was no reference to the fact that the
Miami cell phones contained information tying one of the
defendants to one of the synthetic identities in the
case?
A
There was a discussion about that Nazar Terabelian.
I recall there was something found related to
Ms. Terabelian, related to that Nazar Terabelian. I
don't specifically recall what the evidence was. I
remember there was something there. I don't know if that
came up in the context of the Kastigar discussion after
May 13th or some other discussion, but I do remember that
being noted.
Q
And, ultimately, the government decided not to
proceed any further with discussions about a potential
plea bargain with Mr. Ayvazyan; correct?
A
Mr. Richard Ayvazyan?
Q
Correct.
A
Yes. We declined to engage in further discussions
amongst other reasons besides the Kastigar issue, there
is a general policy in our office not to engage in plea
discussions when there is pending misconduct motions.
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Q
And around this same time your team was engaged in
discussions for counsel for Ms. Tamara Dadyan; correct?
MS. WESTFAHL KONG: Objection. Relevance.
THE COURT: I don't know where this -- let's say
they were, what is the import? I am trying to gather
what is significant to my decision.
MR. SILVERMAN: Yes, your Honor.
THE COURT: What should I take away from the fact
that there may have been discussions with Tamara Dadyan
about pleas while a motion was pending and her answer
that they -- that one of the reasons they didn't continue
the plea negotiations for Richard Ayvazyan was because of
a policy.
MR. SILVERMAN: It is actually in response to
another reason that the government has argued which is
that the evidence against Mr. Richard Ayvazyan was
overwhelming and therefore they did not wish to engage in
plea discussions.
I believe that Ms. Ahn is likely to agree that
the evidence against Ms. Dadyan was overwhelming, but at
the same time they were engaged in plea negotiations with
Ms. Dadyan.
THE COURT: So what should I take from that in
terms of deciding the issue favorably to your motion?
MR. SILVERMAN: That the decision to engage in --
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or not to engage in plea negotiations with Mr. Ayvazyan
was based at least in part on exposure to tainted
evidence and not to the belief that the evidence against
him was overwhelming.
THE COURT: I see. Okay. Thank you.
MR. SILVERMAN: And I believe I have already sort
of foreshadowed each of my questions so that will be it.
Q
Around this time, was the government engaged in
plea negotiations with counsel for Ms. Dadyan?
A
Her counsel reached out and asked if we would be
willing to provide a reverse proffer. This was separate
from any Kastigar-related discussion. It was just a
separate conversation. I spoke about it with trial
attorney Fenton and AUSA Paetty. I suggested that we do
so.
They agreed to go along with my suggestion,
and I started preparing information for the reverse
proffer. Then, Mr. Minasian, her counsel, joined in I
forget which one of the motions but one of the motions
that alleged in the substance some misconduct on behalf
of the government. And then we stopped the discussion
because of the policy.
Q
So up until the motion to exclude digital devices
perhaps, the government was intending to meet with
counsel for Tamara Dadyan at least to engage in a reverse
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proffer; correct?
A
I don't remember if it was that specific motion.
It may have been. There were a lot of motions being
filed around that time, but it was because of a motion
that alleged some government misconduct in the substance.
And so we reached out to counsel and let them know that
per the policy we were unable to continue our
conversation.
Q
And would you agree that the evidence against
Ms. Dadyan was overwhelming?
A
Yes. Yes.
MR. SILVERMAN: No further questions.
MR. LITTRELL: Just a few, your Honor.
THE COURT: Yes.
CROSS-EXAMINATION
BY MR. LITTRELL:
Q
Ms. Ahn, you joined the prosecution team in May,
2020 -- I'm sorry -- 2021; correct?
A
Yes.
Q
And that was right around the same time that the
Kastigar issue had been raised; right?
A
It was May 7th, and then the call was May 13th.
Yes. So around that time.
Q
So, at that point when you joined the prosecution
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team, you had not been exposed to any tainted evidence?
A
You mean at literally the moment I was assigned the
case?
Q
That's right?
A
I had no exposure to the case.
Q
But you knew Kastigar was an issue at that point?
A
Not --
MS. WESTFAHL KONG: Objection. Misstates the
testimony.
THE WITNESS: No. It didn't really actually -- I
didn't realize that Kastigar would be an issue until the
May 13th call. I recognize having rereviewed the taint
letter that was attached as 338, Exhibit A, that it cites
Kastigar, but I only reviewed it very briefly in and
around May 7th. And I didn't catch that as an issue.
I was trying to catch up to speed on the case.
There was a lot of information being thrown my way, and
it didn't really crystallize in my mind as an issue until
May 13th with the phone call.
Q
That was shortly after you joined the prosecution
team?
A
Yes.
Q
And you engaged in discussions with supervisors and
appellate people about what to do about it; right?
A
About -- about the potential merits and likelihood
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of success and appellate risk related to the Kastigar
issue.
Q
And I believe you testified that the conclusion was
that there was no exposure?
A
I mean in very general terms. So if you were
looking at, like, what are you planning to present at
trial, are you planning on presenting information from
Miami cell phones at trial, no. That has been
suppressed. Did you rely upon it for the grand jury
indictment, did you present evidence from the Miami cell
phones to the grand jury, no.
I mean, those were the types of conversations
to determine whether or not, for example, we needed the
suppressed evidence to proceed at trial, but, obviously,
at that point it had already been suppressed so we
weren't going to use it anyway.
Q
And who was asking those questions?
A
My understanding is -- I don't specifically
remember who it was. It wasn't me. I believe it may
have included Mr. Young. I mean, it probably included
Mr. Young, but I don't specifically recall.
Q
And based on the responses to those questions,
somebody concluded that there was no exposure?
MS. WESTFAHL KONG: Objection. Vague as to
exposure, whether it is exposure to evidence, appellate
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exposure.
THE COURT: Okay. The objection is correct. I
mean, I don't know what exposure means.
MR. LITTRELL: Okay. Maybe I will probe that.
Q
In your testimony, you said the conclusion was
that, quote, there was no exposure?
A
Uh-huh.
Q
What did you mean by that?
A
We didn't -- well, we didn't think that the trial
evidence would rely upon the evidence that was
suppressed.
Q
And that is based on the questions that you just
recited?
A
Yes.
Q
Was there any discussion about derivative use of
evidence from the tainted phones and whether that should
be considered in determining whether there was exposure?
A
Can you clarify what you mean by derivative use?
Q
For example, did anyone ask whether you or anyone
on the team had used evidence from the tainted phones to
formulate trial strategy?
A
That question wasn't asked. I don't remember that
question being asked. I remember there being a
discussion as to when we received access to the phones.
Q
But nobody asked whether tainted evidence from the
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phones was used to develop trial strategy?
A
My recollection of the conversation is it didn't
reach that point because other questions were asked that
obviated the need for that question, but, again, that is
my recollection. I am not the questioner so I can't be
in the mind of the questioner.
Q
Nobody asked whether tainted evidence from the
Miami phones was used to develop leads for further
investigation?
A
Again, my recollection is it was obviated by a
different part of the discussion.
Q
Okay. And nobody asked whether evidence from the
tainted phones was used to determine which witnesses to
call?
A
No. Again, because it was obviated by a different
part of the discussion where it was informed that we
really didn't have access to the phones until quite late.
Q
And no one asked whether information from the
tainted phones was used to corroborate evidence that you
already had?
A
I don't recall that question. And just to be
clear, when I say we, I mean the government. I never
accessed the phones.
Q
In those discussions, did anyone suggest the
possibility that you as a new prosecutor could take over
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the prosecution and that you could recuse Mr. Fenton and
others who had greater exposure to the tainted phones?
A
That was never raised, no.
Q
It was never raised to you or it was never raised
by anybody?
A
It was never raised to me.
MR. LITTRELL: No further questions.
THE COURT: All right. Call the next witness.
Thank you, Ms. Ahn.
MR. KEOUGH: Your Honor, we we are going to call
Agent Massino, next.
THE COURT: Okay.
(The witness was sworn.)
THE CLERK: Please take a seat. State your full
name and spell it for the record.
THE WITNESS: Timothy Massino, T-I-M-O-T-H-Y,
M-A-S-S-I-N-O.
CROSS-EXAMINATION
BY MR. KEOUGH:
Q
Good afternoon, Agent Massino.
A
Good afternoon, sir.
Q
You would agree that in any big case like this one,
you would have lots of potential leads that you might
want to follow?
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A
I would agree with that statement.
Q
And you would also agree that part of your job is
being able to focus your investigation on the leads that
are most relevant?
A
Yes.
Q
Okay. Let's pull up what has been marked Kastigar
Exhibit 13.
Okay. Now, Agent Massino, I am showing you an
e-mail that you sent. You can see on the top
October 8th, 2020. Do you recognize this e-mail?
A
I do.
Q
And you see that you sent it to Kenneth Welch.
Can you tell us who he is?
A
He is an investigative analyst that works for my
agency.
Q
And the subject of the e-mail is Jobe assist,
narrowing the scope; correct?
THE COURT: What is that?
Q BY MR. KEOUGH: The subject line of the e-mail reads
Jobe assist, narrowing the scope; is that correct? We
can highlight it there at the top.
A
Yes.
Q
And you recall you testified at trial that Jobe
Construction was an early name in the investigation that
lead to the case that we are all talking about right now?
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A
That's correct.
Q
And in the e-mail you say, hey, Ken, before you
delve into Jobe too much, I wanted to advise you to just
focus on the following three items. And you list three
SBA loan numbers there. Do you see that?
A
Yes, I do.
Q
And the second line after the three loans, you say
so we don't want you to get bogged down with the list I
sent you earlier. Some of those may be connected, but
let's not concern ourselves with that unless you uncover
the connections through your EIDL database searches,
slash, queries. Do you see that there?
A
I do.
Q
So, on October 8th, it is fair to say you had
several leads and Kenneth Welch was going to hopefully
help you narrow the scope as to which leads you were
going to follow?
A
We had a lot of leads. There were a number of
loans involved in this investigation. And naming Jobe,
that was a loan. It was a company, or, rather, at least,
it was an application. It was a company. And Ken serves
all SBA OIG agents in the Western Region which is
basically anything west of Denver. He was extremely
business as the rest of our agency was during this time
and still are. So this was my way of letting him know
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that this is what we wanted -- that I needed him to
immediately focus on these. I believe I had tasked him
or had asked him for assistance looking at some other
information that I had received from the investigative
team members, but this, on this date, this is what I
wanted to get to the bottom of.
Q
So fair to say that you had a number of leads and
you asked for help with these three specific ones from
Ken Welch?
A
I am pretty sure I asked for help on others at
other times.
Q
And in this e-mail, though, we have got three leads
here?
A
That's correct.
Q
And if that work, say, had led to a connection to
Richard Ayvazyan or Mary Terabelian, that would be a
relevant information for your investigation that you were
conducting?
A
Did you say relevant or irrelevant?
Q
Relevant.
A
Yes.
Q
Now, this e-mail was sent on October 8th, narrowing
the scope, and you would agree that 11 days after this
e-mail is when the Miami border stop occurred that is at
issue today?
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A
Yes.
Q
And, after that stop, you learned via phone from
Special Agent Palmerton that the stop had taken place?
A
That's correct.
Q
And that phones had been discovered on the persons
of defendants in this case?
A
That is correct.
Q
And, later, you then reviewed those phones, at
least 65 images from those phones that you had received
from Special Agent Palmerton?
A
On November 13th.
Q
Correct. And you reviewed those images?
A
I did look at them.
Q
And you identified, I believe you said in your
declaration 10 loans that you were previously unaware of,
at least, previously didn't know there was a connection
to this investigation based on the review of those
photos?
A
That's correct. That is what I recall.
Q
And, with those ten loans, there were a couple of
things you used it for; correct?
A
I requested loan files, and I subsequently did
interview one individual that we believed -- that we had
determined was the victim of identity theft.
Q
So you requested loan files you said, you conducted
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an interview; correct?
A
Correct.
Q
And you shared some of this information with
prosecutors in the case; correct?
A
Yes.
Q
If we could pull up Massino Exhibit C, and if we
could scroll down to page 3.
So there was an e-mail that you attached to
your exhibit. Do you agree that you recognize this
e-mail?
A
Yes.
Q
And there in the e-mail that you sent to members of
the prosecution team, you listed a number of loans, and
you said that these were the ones identified based on my
review of the phone photos that Justin had uploaded;
correct? That is what the e-mail says?
A
That is what the e-mail says, but it wasn't
accurate.
Q
And that was my next question. So you later
realized and you note in your declaration that a couple
of these loans were not ones that you investigated
because of the 65 photos from the Miami phones; correct?
A
That's correct.
Q
And do you recall which ones those were?
A
I believe they are Byraya, Byraya Management and
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Proactive Home Health Services. It is in another e-mail,
or actually they are listed in the declaration.
Q
So you may have listed the loans for the Miami
phones. You included those, but they weren't actually
from those phones?
A
That's correct.
Q
You would agree there were a lot of loans that were
a part of this investigation; correct?
A
Yes.
Q
And as we see here, sometimes it was hard to keep
them all straight as to which ones came from where?
MR. O'DONNELL: Objection as argumentative and
relevance.
THE COURT: Well, I don't know. I mean, he can
answer if he can. If he doesn't have an answer --
THE WITNESS: My answer to that question would be
that is precisely why it is good to have e-mails like
this. Based on reviewing this e-mail, it was pretty
clear to me what had occurred.
Q BY MR. KEOUGH: And so the answer to my question is
yes, though, that it was hard to keep them straight. You
looked at the e-mail and you realized that you had
included ones that weren't supposed to be on the list?
A
They were supposed to be on the list. My job was
to provide information that I obtained based on leads
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from the team. The simple mistake of not distinguishing
the three down at the bottom or, rather, the Byraya
Management, the Byraya and the Proactive Home Health
Services, I didn't view that as very relevant at the time
at all.
They simply came in a different e-mail, or,
rather, the information came in a different e-mail. I
combined it with my request to SBA's Office of Disaster
Assistance for the loan files that I had identified based
on the review of the phones, and I received them all on
the same date.
Q
So to ask the question a different way, you
describe these loans in this list as coming from the
phone photos. Upon reviewing it later, you realized they
had actually come from somewhere else?
A
Three of them came in a different e-mail than I
received from Special Agent Palmerton.
Q
So the answer is, yes, those three loans did not
come from the Miami phones?
A
I believe that is correct. Yes.
Q
Okay. And you said that they had come from a
separate e-mail from Special Agent Palmerton. If we can
pull up Massino Exhibit E and just scroll down to the
third page there.
And this is that e-mail; right? The
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attachment to your declaration is Exhibit E. You
recognize it?
A
Yes. That is one of them. I believe there were
two.
Q
Is one of the other uses of that information from
the ten loans, are you aware if any of that was used to
obtain evidence that was used at trial?
A
I'm sorry. That was difficult for me to follow.
Could you repeat that.
Q
Sure. I will ask it again. So you have discussed
that you reviewed the 65 photos, you identified those ten
loans; correct?
A
Correct.
Q
And are you aware if evidence related to those ten
loans was used as part of the trial in this case?
A
I don't know the answer. I don't believe so, but I
do not know the answer.
Q
Okay. Do you recall as part of your investigation
reviewing the responses to requests from the Internal
Revenue Service?
A
Could you clarify?
Q
Sure. Do you recall reviewing -- do you recall
asking the IRS for any records as part of this case?
A
I don't believe I did personally, no.
Q
Did the investigation team ask the IRS for records?
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A
Yes.
Q
And do you recall if any were received?
A
I believe they were.
Q
Let's bring up what was marked at trial as
Government Exhibit 48.
And while we are loading that, do you recall
that one of the ten loans that you identified based on
the 65 photos was for a company called Annandale Nursery.
Does that sound familiar?
A
Yes.
Q
And if we go to page 5 of 16 of this exhibit --
actually, stay on the first page for a second. So this
was Government Exhibit 48 at trial.
Do you recognize the document?
A
I don't recognize the document.
Q
But I will represent to you this was part of the
government's trial evidence, and, now, go to page 5 if we
can. Okay. And if we can just zoom in on the bottom six
lines or so. Yes. That is good enough.
Okay. So we are on page 5 of this records
request from the IRS, and my only question for you is do
you see that Annandale Nursery appears on a line there
about halfway down the page?
A
I do.
Q
We can go ahead and take that down.
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Now, Agent Massino, in your declaration, you
discuss the Cellebrite reports for the cell phones that
were seized in Miami.
Do you recall that?
A
No.
Q
Maybe I should ask it a different way. You
discussed the fact that you didn't review the Cellebrites
from the phones that were seized in Miami?
A
I don't believe I said that. I believe I stated
very clearly that I viewed photos that were derived in a
sense from the phones seized in Miami. I never saw a
Cellebrite report to my knowledge.
Q
Okay. Thank you. And do you know if you discussed
the Cellebrite reports with anybody who might have
reviewed them?
A
I do not recall ever having a discussion about
Cellebrite reports regarding the Miami phones.
Q
And as part of the investigation in the case, after
February, 2020, when somebody shared a piece of evidence
with you, do you ever recall somebody saying, by the way,
this is from the Cellebrite for the Miami phone?
A
I don't recall.
Q
So fair to say, if they did share something with
you from the Miami Cellebrite, they didn't tell you about
it?
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MR. O'DONNELL: Assumes facts not in evidence.
Speculation. Argumentative.
THE COURT: Sustained.
MR. KEOUGH: No further questions.
THE COURT: Okay. Anything else?
MR. LITTRELL: No, your Honor.
THE COURT: Thank you, sir.
Call the next witness.
MR. SILVERMAN: We would like to call Mr.
Faerstein.
THE CLERK: Please be seated.
State your full name and spell it for the
record.
THE WITNESS: Should I remove my mask, your Honor?
THE COURT: Yes. Are you vaccinated?
THE DEFENDANT: Yes, your Honor.
Brian Faerstein, B-R-I-A-N, F-A-E-R-S-T-E-I-N.
MR. SILVERMAN: May I proceed, your Honor?
THE COURT: Yes.
CROSS-EXAMINATION
BY MR. SILVERMAN:
Q
Good afternoon, Mr. Faerstein.
A
Good afternoon.
Q
You were assigned to this case on February 9th,
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2021; is that correct?
A
That's correct.
Q
And you were one of two AUSA's assigned to make up
for the loss of AUSA Andre; correct?
A
I was one of two AUSAs assigned.
Q
And you reviewed a number of materials in getting
up to speed on the case; right?
A
That's right.
Q
And one of these materials was a set of 141
photographs from Customs and Border Patrol; right?
A
As I stated in my declaration, I scanned those
photographs.
Q
And that was at the same time you were getting up
to speed on the case; right?
A
That's correct.
Q
And specifically the first time you reviewed those
photographs was your very first week on the case; right?
A
I don't know if that is -- I don't know if that is
accurate.
Q
If we could bring up Mr. Faerstein's declaration
and go to paragraph 5, please. I'm sorry.
If not in the first week in or about mid
February?
A
That's correct.
Q
And you joined the case on February 9th?
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A
That's correct.
Q
And in those photographs, did you see any
information that ultimately was related to the topics in
the first superseding indictment?
A
I don't know.
Q
Was one of the topics in the first superseding
indictment Turing Info Solutions?
A
That was a company described in the first
superseding indictment.
Q
And the first superseding indictment alleged in
part that Mr. Ayvazian was responsible for using the
Iullia Zhadko identify to obtain loans in Turing Info
Solutions' name; correct?
A
I believe in the money laundering counts 28 through
32, that was an allegation.
Q
And he used Turing Info Solutions to transfer that
money in December of 2020; correct?
A
That -- that's correct.
Q
And if we could please bring up KX2 or -- actually,
we don't need testimony on that. We have the record
already made.
About a week or two later on or about
February 24th, you reviewed the phones again; correct?
Or, excuse me, the photographs, not the phones.
A
It was either the 24th or the 25th.
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Q
And what was the event that led to you reviewing
the phones again?
A
Can I just clarify real quick?
Q
Absolutely.
A
When you say the photographs, I am referring
specifically to the CBP photographs of one or more of the
Miami cell phones.
Q
Correct. And you have never reviewed the set of 65
photographs taken by Agent Palmerton; right?
A
That is not correct. I said in my declaration, to
the best of my recollection, I did not review all of
those. However, there were nine that were sent to me
that is described in my declaration.
Q
So on or about February 24th, you reviewed the 141
CBP photographs; correct?
A
I wouldn't characterize it as having reviewed the
141 CBP photographs. As I stated in my declaration, I
was looking for specific text message exchanges that were
described in my declaration.
Q
What led you to look for those text message
exchanges?
A
A phone call that I participated in with attorney
Fenton and counsel to Picadilly Jewelers.
Q
And to the best of your recollection, what
transpired in that phone call?
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A
I do not have a clear recollection of everything we
discussed. What I do recall is that during the phone
call, attorney Fenton was asking counsel to Picadilly
Jewelers to make sure there were no additional documents
that were responsive to a subpoena that had been issued
to that company.
Q
How did that lead you to review the CBP
photographs?
A
During the call, attorney Fenton indicated to
counsel to Picadilly Jewelers that he had seen text
message exchanges between the owner of Picadilly Jewelers
and defendants in this case. I took that to mean that
there was evidence of text messages, and I thought to
myself, I believe -- this is to the best of my
recollection -- I thought to myself, well, maybe I should
look in these CBP photographs.
Q
So did you ask Mr. Fenton whether those were the
text message conversations he was referencing?
A
When?
Q
On or about February 24th, did you ask him whether
the text message conversations he just referenced came
from the 141 CBP photographs?
A
I do not recall whether I asked him or I did not
ask him.
Q
Around that time, the government was receiving
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production of Cellebrites as well; correct?
A
I -- that is -- I believe that is accurate. I
believe it could have been the first two phones, but I
don't recall specifically the dates.
Q
So is it possible that Mr. Fenton was referencing
information he reviewed in the Cellebrite reports as
opposed to the 141 CBP photographs?
MS. WESTFAHL KONG: Objection. Calls for
speculation.
THE COURT: Sustained. I lost some frame of
reference here. When did you -- when were you assigned
the case?
THE WITNESS: February 9th, your Honor.
THE COURT: I see. Okay. Go ahead.
Q BY MR. SILVERMAN: Now, in reviewing the CBP
photographs regarding Picadilly Jewelers, did you see a
check that was made -- that was made out to Picadilly
Jewelers?
A
I don't know what you mean by a check made out to
Picadilly Jewelers.
Q
Did you see a check with Picadilly Jewelers'
account information on it?
A
I believe so. I believe that is attached. I
believe a screen shot of that text message is attached to
my declaration.
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Q
And do you know whether the government subpoenaed
the bank records for that account?
A
I believe we did, but that was before I joined the
case.
Q
That wasn't the last time -- there is a third time
that you also reviewed the CBP photographs or some subset
thereof; correct?
A
Some subset thereof, correct.
Q
And, specifically, about two weeks later around
March 11th, 2021, you reviewed the photographs again;
correct?
A
No. That is not accurate. In my declaration on
March 11th, I received an e-mail from AUSA Paetty that
described certain photographs from the CBP photographs,
but I did not review them at that time.
Q
Was there some time that you reviewed them in
preparation for the motion to suppress?
A
In connection with the motion to suppress, AUSA
Paetty submitted a declaration to which he attached a
subset of photographs from the CBP photographs. And I
believe I reviewed that subset in connection with
reviewing the filing.
Q
And in your declaration you refer to these as
primary reviews; correct? These three reviews?
A
I don't believe I described it as that.
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Q
Were there any other times that you may have
accessed the CBP photos for less intensive review?
A
To the best of my recollection, I don't recall
those other times. Is it possible? I suppose, but I do
not recall.
Q
Now, you printed a binder for organizational
purposes on April 24th; right?
A
I printed out the CBP photographs on April 24th,
and put them in a binder.
Q
And what was -- what happened to that binder next?
A
What happened to it?
Q
Where did it end up?
A
In my office.
Q
And is it possible that anybody else could have had
access to it thereafter?
A
Probably not. No.
Q
Now, how did you know that it was April 24th?
A
Because in the folder on our internal system that
has the CBP photographs, there is a combined PDF document
that combined all of the JPEG images that were the CBP
photographs into one large PDF, and that is date stamped
April 24th which leads me to believe that I created that
and printed it out on April 24th.
Q
Now, around this time, your primary or one of your
primary responsibilities was the superseding indictment;
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correct?
A
When I first joined the case in mid February, one
of my primary focuses was the first superseding
indictment and, in particular, potential additional
defendants.
Q
And were you or case agents participating in
investigatory activities at the time?
A
Can you describe -- what do you mean by
investigatory activities?
Q
Were you interviewing witnesses?
A
Was I personally interviewing witnesses?
Q
I apologize. I will rephrase. Were you or case
agents interviewing witnesses?
A
I believe case agents may have been interviewing
witnesses at the time, but I can't tell you with any
certainty right now.
Q
Did they discuss with you who they would interview?
A
I don't recall.
Q
So case agents, in general on this case, case
agents would go out and do interviews without discussing
it with the attorneys at times?
A
I didn't say that.
Q
But you don't recall whether or not they ever
discussed interviewing witnesses with you?
A
You asked me in -- when we were preparing the first
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superseding indictment whether case agents were
conducting interviews and asking and talking to me about
those interviews, and I said I do not recall that.
Q
Mr. Faerstein, have you reviewed the discovery
correspondence in this case?
A
What discovery correspondence?
Q
Have you reviewed the production letters in this
case?
A
Yes. Generally.
Q
And is it accurate to say that a substantial
portion of the witness interviews took place in 2021?
A
I don't know the answer to that sitting here right
now.
MR. SILVERMAN: Can we please put up KX30.
MS. WESTFAHL KONG: Objection. Improper
refreshment of recollection.
THE COURT: I don't know. Let's see it.
Q BY MR. SILVERMAN: Mr. Faerstein, does the column
labeled description look like the descriptions that the
case team used in their production letters in this case?
A
Generally, yes.
Q
And I will go ahead and represent to you that this
is pasted straight from the production letters. Looking
through that column, can we go to the next page as well,
please, and scroll through. And scroll through.
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Is it fair to say that more than half of the
witness interviews that were produced to the defense have
dates beginning with 2021?
A
I can't say that. I noticed on the first page and
the second page many interviews that were conducted
before I was even on this case in mid February.
Q
Right. There are 125 interviews that were produced
to the defense; right? And 13 of them took place in
2020?
A
You are scrolling through very quickly. I don't
know the answer to that.
Q
We will submit this with the declaration and make
the record that way.
So for the first superseding indictment, you
helped prepare the prosecution memorandum; right?
A
Correct.
Q
And you worked with case agents to synthesize large
amounts of evidence obtained during the course of the
investigation?
A
Correct.
Q
Which agents did you work with?
A
FBI Special Agent Justin Palmerton, IRS Criminal
Investigation Special Agent Geffrey Clark. Those were
the primary two agents I was working with.
THE COURT: What was the date of the prosecution
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memo?
MR. SILVERMAN: I don't know the answer to that.
Q
What was the date of the prosecution memo for the
superseding indictment?
A
It would have been in early March, 2021, your
Honor.
THE COURT: Okay.
Q BY MR. SILVERMAN: And at that point, you didn't ask
them whether any of their synthesized facts were based on
tainted evidence; correct?
A
I did not -- first of all, what do you mean by
tainted evidence?
Q
You didn't ask them whether any of their
synthesized facts were based on the Miami phones in
particular; right?
A
I -- I don't recall asking them that specific
question.
Q
And did you ask about how their investigation had
unfolded and ask them to trace back each piece of
evidence that they were sharing with you?
A
No, I did not ask them to do that.
Q
Besides the CBP photographs and the summaries you
received from case agents, what other sources of evidence
did you review for the prosecution memorandum?
A
Could you repeat that question?
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Q
Besides the CBP photographs and the case agent
summaries, what other sources of evidence did you review
when preparing to draft the prosecution memorandum?
A
I reviewed significant additional sources of
information. I reviewed the loan files, the payroll
reports, the Gusto payroll reports, the Form 940s and
other tax forms. I reviewed bank records including both
the records reflecting the way the money was spent and
bank opening account information, public filings, IRS
fact of filing letters, EDD letters reflecting the
nonexistence of synthetic identities that were used in
this case, Secretary of State filings. That is what I
can remember right now, but I know there was more as
well.
Q
Who compiled those materials for you?
A
Who compiled them where?
Q
Who directed you to those materials?
A
So I worked with the agents or the agents, one of
the things they were doing, is compiling this information
in folders that I would have access to.
Q
So, specifically, the agents, Agent Clark and Agent
Palmerton were the two you mentioned, or was it Agent
Clark and Agent Massino?
A
No. I mentioned Special Agent Palmerton and
Special Agent Clark.
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Q
So they were the ones who compiled it in folders
that you would have access to?
A
That is -- that is correct.
Q
Now, the draft prosecution memo contained a
reference to information from the Miami phones; correct?
A
That is correct.
Q
Now, specifically, information regarding a Canoga
apartment?
A
Yes. It is stated in my declaration.
Q
And that was not the only reference to tainted
information -- correct -- or to information from the
Miami phones; correct?
A
I believe that was the only specific reference or
the only reference, direct reference, I should say, to
Miami, to information from a Miami phone.
Q
There was a reference to Mr. Ayvazyan's control
over his alias Iullia Zhadko being established by, among
other things, a search of his mobile devices; correct?
A
I don't know where you are getting that from. Are
you quoting something?
Q
I am attempting to quote paragraph 31 of your
declaration.
A
I would have to see that.
Q
Can we bring up his declaration, go to
paragraph 31. Make sure I am quoting it correctly?
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MS. WESTFAHL KONG: Your Honor, may I pass up a
copy of the declaration?
THE COURT: Yes.
MR. SILVERMAN: Thank you.
THE WITNESS: Is there a question?
Q BY MR. SILVERMAN: So there is a reference to Iullia
Zhadko and, specifically, the search of Mr. Ayvazian's
mobile devices; correct?
A
Yes. It says a search of his mobile devices.
Q
And in your declaration you note that other --
another cell phone had been seized from Mr. Ayvazyan on
November 5th; correct?
A
That's correct.
Q
Do you know whether that other cell phone had been
searched when this prosecution memorandum was written?
A
I recall that on November 5th, agents had done a,
as I understood it, a cursory review of the phone not for
information that would potentially be privileged but
photographs I believe.
Q
And had that information been produced to you by
that point?
A
What do you mean produced?
Q
Had those photographs been produced to you?
A
I don't know at that time whether they had been
produced, but I believe I knew -- through conversation,
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but I can't recall specifically that there was other
evidence from the phone from November 5th.
Q
And you believe that you knew that by the time of
the initial prosecution memorandum?
A
I can't say that sitting here right now.
Q
Now, in your declaration, you talk about the
recitation of evidence; correct?
A
Where specifically?
Q
If we could go to paragraph 27, lines 26 through
the next page.
A
Yes.
Q
And I want to clarify this because I think that we
have misunderstood it. This is referring to the
prosecution memorandum; correct?
A
It is not.
Q
What is it referring to?
A
It is referring to factual summaries that, written
factual summaries regarding Redline Auto Collision, and
that is defendant Edward Paronyan and, separately,
defendant Arman Hayrapetyan and Hart Construction, Sabala
Construction.
Q
And for whom were those written factual summaries
provided?
A
To whom were they provided?
Q
To whom.
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A
I received them.
Q
For what purpose?
A
For purposes of preparing, understanding the
evidence and preparing superseding charges against these
additional defendants.
Q
And how did you use this information?
A
I read it, and some of it was significant enough
that I put it into -- put in the prosecution memo as part
of our supporting evidence.
Q
And these two particular lines were provided to you
but were not included in the prosecution memo, fair to
say?
A
The information in these lines -- and let me just
be specific. When you are referring to these two lines,
what specifically are you referring to?
Q
These two references were not included in the
prosecution memorandum?
A
I just want to make sure the record is clear what
references are you referring to?
Q
The reference to photographs on Richard Ayvazyan's
phone containing a photo of Arman Injijian's California
driver's license and photographs on Richard Ayvazyan's
cell phone containing PII associated with Anton Kudamov?
A
I did not add those, and those were not in the
prosecution memo, that information.
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Q
And there was also a reference to two different
photographs belonging to -- excuse me -- two different
photos of the California driver's license C8924483;
correct?
A
That was in the summary regarding Hart Construction
and Arman Harapetyan; that's correct.
Q
And that is a reference to Iullia Zhadko's license;
correct?
A
What you just quoted was a reference to Iullia
Zhadko's license on one of the Miami phones.
Q
And you used this particular piece of information;
correct?
A
No. I don't think that that's correct.
Q
You didn't quote this piece of information in a
hearing in this case?
A
I don't think I quoted this particular piece of
information.
Q
Well, at the April 2nd hearing, you stated that
there were -- I'm sorry. Let me make sure I get the
exact language. That there were licenses belonging to
Iullia Zhadko found on Richard Ayvazyan's phone; correct?
A
I know what you are referring to. It would be
helpful to see the transcript to make sure that you are
stating my words accurately.
Q
If we could go to docket 299 and go to page 10.
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Can you see at the bottom of the page you were
asked for the evidence that there was that they are not
real, and do you recall that the "they" in that sentence
is Iullia Zhadko and Victoria Kauichko.
A
Yes, that's correct.
Q
And the evidence that you say, among other things,
is Iullia Zhadko and the driver's licenses, plural, that
were on defendant Ayvazyan's -- and if we can scroll down
to the next page -- phone; correct?
A
I said that. Yes.
Q
And this was a reference to the multiple driver's
licenses that you had received in that internal fact
summary; correct?
THE COURT: The last part of your sentences trail
off. I remember that from the trial.
MR. SILVERMAN: Yes, your Honor. I will continue
to try to get better at that.
THE COURT: The words seem to get grounded
somewhere in your throat. I don't know where, but they
are not coming out as clearly as they should.
MR. SILVERMAN: Yes, your Honor.
Q
This reference to multiple Iullia Zhadko licenses
was taken from the information you were given in that
internal fact summary; right?
A
No. The reference to the Iullia Zhadko licenses
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was taken from the fact that, yes, there were Iullia
Zhadko driver's licenses on the phones which was set
forth in other sources as well.
Q
And the CBP photographs that you looked at, there
was only one Iullia Zhadko license; right?
A
I don't recall that.
Q
So fair to say that there was so much tainted
information flowing around that you did not know --
MS. WESTFAHL KONG: Objection. Argumentative.
THE COURT: He can answer the question. Go ahead.
THE WITNESS: So, in connection with this hearing,
this hearing was on the modified protective order. We
filed an ex parte application to modify the protective
order. I filed a declaration in support of that ex parte
application to which we attached two photographs of
Iullia Zhadko driver's licenses. My understanding is
those photographs were from the FBI photographs which
attorney Fenton sent to me prior to the hearing, prior to
us filing that ex parte application.
Q BY MR. SILVERMAN: This case is not your first
experience with a Kastigar-related issue; correct?
MS. WESTFAHL KONG: Objection. Relevance.
THE COURT: I don't know where it is going. I
will allow you a couple of questions to see if it becomes
relevant.
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THE WITNESS: What do you mean by Kastigar-related
issue?
Q BY MR. SILVERMAN: You were brought in as counsel on
Benson after trial counsel was disqualified; correct?
A
That's correct. When I was an AUSA at the Northern
District of California US Attorney's Office.
Q
During your time on this case, did anybody suggest
the possibility of recusing or replacing counsel who had
been exposed to tainted information?
A
What timeframe are you talking about?
Q
At any point prior to trial, did anybody discuss
that possibility?
A
First of all, as I mentioned in my declaration, I
was not -- I was on leave in May prior to trial. In
terms of whether I was involved in a conversation where
we discussed recusing the prosecution team, I don't
recall that.
MR. SILVERMAN: Thank you. No further questions.
THE COURT: Anything further?
MR. LITTRELL: No, your Honor.
THE COURT: All right. Thank you, Mr. Faerstein.
Who is the next?
MR. KEOUGH: Your Honor, I believe Agent Clark is
the last witness.
(Recess from 1:53 to 2:09 p.m.)
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(The witness was sworn.)
THE CLERK: Please be seated.
State your full name and spell it for the
record.
THE WITNESS: Geffrey Clark, G-E-F-F-R-E-Y,
C-L-A-R-K.
CROSS-EXAMINATION
BY MR. KEOUGH:
Q
Good afternoon, Agent Clark.
A
Good afternoon.
Q
Since 10:00 a.m. yesterday, have you spoken with
anyone on the prosecution team about this case?
A
Yes.
Q
And who have you spoken with?
A
Probably everybody.
Q
Who is that?
A
Everybody at the table and agents sitting in the
back.
Q
Let's go ahead and name them all for the record so
that we have them all down. Tell us each person that you
spoke with on the prosecution about the case since
10:00 a.m. yesterday?
A
Chris Fenton, a gentleman Niall, I don't know his
last name, Ranee Katzenstein, Allison, Mark Cipoletti. I
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don't know the gentlemen's name here. Agent Justin
Palmerton, Agent Timothy Massino, Agent Faerstein, I
mean, AUSA Faerstein and AUSA Catherine Ahn.
Q
Okay. And let's take those one at a time. What
did you discuss about the case with Mr. Fenton since
10:00 a.m. yesterday?
A
Nothing specific.
Q
But you did discuss the case with him; correct?
A
Just in a general sense.
Q
And what, in a general sense, did you discuss?
A
I don't recall. Everything was so general.
Q
Did you discuss the Miami phones with Mr. Fenton?
A
Say that -- I didn't hear.
Q
Did you discuss anything related to the Miami
phones with Mr. Fenton?
A
The what phones?
Q
The Miami phones, the phones that were seized in
Miami during the stop that I am sure you are aware of?
A
I don't recall, no.
Q
You don't recall, or you didn't discuss them?
A
I don't recall discussing anything about the phones
with them.
Q
Did you discuss this investigation generally?
A
Yeah.
Q
And what did you discuss about it?
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A
We discussed what happened in trial, humorous
things that happened in trial.
Q
What were the things that happened in trial that
you discussed?
MR. O'DONNELL: Objection. Relevance?
THE COURT: Sustained.
Q BY MR. KEOUGH: Did you discuss your testimony today
with Mr. Fenton?
A
No.
Q
Did you discuss Mr. Fenton's testimony that he gave
yesterday?
A
No.
Q
With Ms. Katzenstein, did you discuss this case
since 10:00 a.m. yesterday?
A
The case was discussed in general.
Q
And I appreciate that you are trying to describe it
generally, but, specifically, what did you talk about
related to this case?
A
I don't recall specifics.
Q
But you did discuss the case?
A
Yes.
Q
And do you recall whether you discussed the phones
that were seized in Miami?
A
No, we didn't.
Q
And did you discuss any other part of the
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investigation?
A
Not that I recall.
Q
Did you discuss the substance of the testimony that
you were to give today? No?
A
Just to be clear and audible.
Q
And what did you understand that was meant by to be
clear?
A
Short, distinct answers.
Q
And did you discuss any of the testimony with
Ms. Katzenstein that was given yesterday at the hearing?
A
No.
Q
And have you discussed with anyone any testimony
that was given during the morning session today?
A
No.
Q
Did you talk with anybody at the lunch break about
this case?
A
Did I talk? No.
Q
Did you have lunch with anybody on the prosecution
team during the lunch break today?
MR. O'DONNELL: Objection. Relevance.
THE COURT: You can ask.
THE DEFENDANT: Yes, I had lunch.
Q BY MR. KEOUGH: But you didn't discuss the case?
A
Not in specifics, general terms.
Q
And what did you talk about?
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A
I don't recall. I had a bunch of personal calls I
was taking during the lunch break.
Q
So returning to the list of people that you have
discussed this case with since 10:00 a.m. yesterday, you
mentioned Mr. Cipolletti. What did you discuss about the
case with him?
A
Nothing.
Q
But you did discuss the case with him, you said?
A
He was in the room. I don't recall actually having
a conversation directly with him.
Q
Did you discuss the Miami phones with him?
A
No.
Q
Did you discuss any of the testimony that had been
given at this hearing with him?
A
No.
Q
Same question for Mr. Faerstein. You said you
discussed the case with him. What did you talk about?
You can answer.
A
Okay. I was waiting. We discussed like what
happened in trial.
Q
And what specifically about the trial did you
discuss with Mr. Faerstein?
THE COURT: When you mean the trial, do you mean
this hearing or the trial that occurred a month ago?
THE WITNESS: A month ago.
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THE COURT: Oh. I see.
Q BY MR. KEOUGH: And what specifiably about that
trial a month ago did you discuss with Mr. Faerstein?
A
I don't remember specifics just like general stuff.
We didn't talk about the phones or anything like that.
Q
And these were all, just to be clear, these were
all discussions that have happened since yesterday;
correct?
A
Yeah.
Q
That you can't recall what was discussed as we sit
here today.
A
Just general.
Q
And how about Agent Massino, do you recall what you
discussed about the case with him?
A
We discussed things that were humorous about the
trial.
Q
And what was humorous about the trial if you could
share with us?
MR. O'DONNELL: Objection as to relevance, your
Honor.
THE COURT: I mean, I don't think things that are
humorous is sufficiently relevant unless you can relate
it to something that is germane to the hearing.
Q BY MR. KEOUGH: Yes, your Honor. I will ask it a
different way. Did the humorous things about the trial
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you discussed relate to the Miami phones?
A
No.
Q
Did the humurous things you discussed relate to the
investigation generally?
A
No.
Q
Did they relate to defendant Richard Ayvazyan?
A
No.
Q
How about defendant Marietta Terabelian?
A
No.
Q
Did they relate to any of the testimony that was
given yesterday at this hearing?
A
No.
Q
Or any of the testimony given earlier today before
you came into the courtroom?
A
No.
Q
Last person on your list was Catherine Ahn. Do you
recall discussing the case with her since 10:00 a.m.
yesterday?
A
In general sense, yes, we spoke.
Q
And what did you speak about with regards to this
case?
A
I don't recall the specifics. About the trial and
what occurred and humorous things that happened during
the trial.
Q
And did you discuss the Miami phones with Ms. Ahn?
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A
No.
Q
Did you discuss any part of this investigation with
Ms. Ahn?
A
I am sure I talked about the investigation with
her.
Q
With any of the people on your list that you named
that you discussed this case with since 10:00 a.m.
yesterday, did you discuss the substance of your
testimony?
A
No.
Q
Did you discuss the testimony of any other witness
who has testified in this hearing?
A
No.
Q
Agent Clark, you recall submitting a declaration as
part of this hearing; correct?
A
Yes.
Q
And you recall stating that you reviewed 65 images
from Agent Palmerton that you received on or around
November 13th, 2020; correct?
A
Yes.
Q
And you recall you said you reviewed the set of
images approximately five times?
A
Yes. That was a total approximation. I don't know
how many times. It was very few.
Q
But it was approximately five?
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A
That is what I said in the declaration.
Q
And you would agree that those images were taken
from cell phones seized from the defendants in Miami.
A
That is what I was told.
Q
And, in your declaration, you also mentioned that
you interviewed a notary by the name of DuBos in
January 2021. Do you recall that?
A
Debois, yes.
Q
Debois. Thank you. And you interviewed him in
January, 2021?
A
Yes. Mid January.
Q
So let's pull up Kastigar Exhibit 4.
2021; correct?
Agent Clark, you interviewed Mr. Debois in
January of 2021; correct?
A
Yes.
Q
And I have put here in front of what you has been
marked as Kastigar Exhibit 4 which was part of a
submission that the defendants made in this case, and do
you recognize this document?
A
Yes, I do.
Q
And it is a memorandum of interview that describes
your meeting with Mr. Debois; correct?
A
Correct.
Q
And if we could scroll down one more page, one more
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page, and here is an image you showed of Mr. Debois with
his notary Rotary profile; correct?
A
I showed him this image, and he later verified that
it was his.
Q
And would you agree this image was one of the 65
that you reviewed -- that you reviewed as part of that
set that Special Agent Palmerton provided you; correct?
A
I believe that is where I got it from, yes.
Q
You can take it down. Actually, leave it there.
Scroll up to the first page.
Now, the investigation name you see there at
the top says Artur Ayvazian. Do you see that?
A
Yes.
Q
When was the investigation first titled Artur
Ayvazian?
A
I don't know because that case number is under
another agent's name.
Q
Okay. We can take that down. Now, let's pull up
what has been marked as Kastigar Exhibit 8.
A
Now, what you see here, as you can see from the
top, is an e-mail. It was sent by you. Do you see that?
A
Yes.
Q
And it was sent to members of this investigation
team including Mr. Fenton, Mr. Faerstein, Mr. Paetty and
others; correct?
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A
Yes.
Q
And if we start with the bottom e-mail which is
from Mr. Fenton to you and those same people, the subject
is, you see is witnesses, and it says here is a list of
potential witnesses we are planning to subpoena for
trial, please let us know if there is anyone else you
think we should add to the list so we can get subpoenas
out next week. Do you see that?
A
Yes.
Q
And you responded to this e-mail at the top;
correct?
A
Yes. That would be my general response.
Q
And you said, just thinking, and then you say,
United Wholesale Mortgage. And then you say, notaries
for mortgage documents, stamps and pictures on phones.
Did I read that accurately?
A
Yes.
Q
And the pictures on phones is a reference to the
phones that were seized in Miami; correct?
A
I don't know if I am referencing those phones that
are in Miami.
Q
What phones could you have referenced, pictures on
phones could you have referenced on April 27th?
A
Well, there was other phones seized.
Q
Are you aware of whether or not you had been
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provided information from those phones from the filter
team by April 27th?
A
The filter team, I never spoke with the filter
team.
Q
Did anybody provide with you information from other
phones beside the Miami phones prior to April 27th?
A
I am sure there was conversations among the
investigative team about what they had reviewed on the
phone.
Q
I will ask the question a different way. Did you
review information from a phone as part of this case
besides the 65 photographs prior to April 27th, 2021?
A
Which phone are you referring to?
Q
Pick any phone in the case. Had you reviewed them
prior to April 27th, 2021, other than the Miami phones?
A
Other than -- I don't know when we had access to
the other phones, but I know that I reviewed Tamara
Dadyan phone.
Q
And you are referring to the Tamara Dadyan phone
that was seized from the search of the Weddington
residence; right?
A
Yes.
Q
And are you aware that as of April 26 that phone
had not been released from the filter team to the
government team?
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A
I don't know when those phones were released.
Q
But fair to say that prior to April 27, you had
received phones from Special Agent Palmerton; correct?
A
The 65.
Q
Go ahead and take that down.
In your declaration, you mentioned on the
second page in a footnote that you provided the
prosecutors with a summary that referenced a loan for
Hart Construction. Do you recall that?
A
Yes.
Q
Okay. And let's go ahead and put the declaration
up just so that you don't have to guess, we can show it
to you. Let's put the Clark declaration up. Let's go to
page 2 of the declaration. Scroll down one more. Okay.
And if we can just blow up the footnote so that we can
all see it.
Now, in the footnote, you say that in
February, late February, 2021, a summary related to
Celtic Bank issued to Hart Construction was provided to
the prosecutors. Do you see that there?
A
Yes.
Q
And you prepared that summary?
A
Yes.
Q
And you also mentioned the footnote that among
other sources of evidence, the summary makes reference to
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two different photos of a California's driver's license
ending in 83 observed on Richard Ayvazyan's phone during
the CBP stop. Do you see that?
A
Yes.
Q
Now, you are aware that Hart Construction was
mentioned several times at trial; correct?
A
Yes.
Q
And if we could pull up -- so just to go back to
the reference to the photos, sorry, observed on Richard
Ayvazyan's phone. If we could pull up KX1, and let's go
to page 30.
So on the left-hand side, I will represent to
you are the 65 photos that appear in this exhibit that
Agent Palmerton provided. Again, do you recognize this
photo?
A
Yes. That is one of the phones in one of the loan
documents.
Q
And is this, the photograph here, is that one of
the driver's licenses you were referencing in the
footnote when you said two that were taken from the phone
in Miami?
A
Yes.
Q
Now, if we can go to page 32 which is two pages
down, and here is a picture from the 65 of a second
driver's license which you see is in the name Iullia
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Zhadko; correct?
A
Yes.
Q
And is this the other driver's license that you
referenced when you prepared that summary about Hart
Construction?
A
Yes.
Q
And if we return now two pages up to the first
photo. You would agree that, first of all, this driver's
license also has the name Iullia Zhadko on it?
A
Yeah. I ran them. They are fake.
Q
My question was simply is the name Iullia Zhadko on
the driver's license?
A
Yes.
Q
Thank you. And you would agree that the two
driver's licenses that we just looked at from the photos
that Agent Palmerton gave you, the two licenses that you
referenced in the Hart Construction summary, they have
different pictures of the people; correct?
A
Yes.
Q
And was the fact that the two driver's licenses
with the same name having two different pictures on them,
was that fact part of that summary that you provided?
A
I don't recall the summary. Do you have the
summary? Can you show me the summary?
Q
Well, would you be able to produce it to the
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defense? We haven't seen it. I would be happy to show
it to you if you provided us with a copy?
A
I haven't looked at those summaries since I
submitted them. I don't know how I referenced them in
the summary.
Q
Do you agree that seeing the summary would be
helpful to you to answer this question?
A
Yes.
MR. KEOUGH: Your Honor, we would ask that a copy
be produced, or, if the government has a copy with them
now, we can provide it to the witness.
THE COURT: What is the significance?
MR. KEOUGH: The significance, your Honor, is that
the declaration states that the two licenses were
mentioned in the summary or the fact that there were two
copies of a license in the summary were mentioned, and we
would like to establish that, in fact, they bore two
different pictures which was one of the most powerful
piece of evidence that was seized from the phone,
something that is omitted from the declaration.
THE COURT: You already know that two likenesses
of the same person were found?
MR. KEOUGH: Yes, your Honor. But the question
that we have asked is whether or not the fact that the
pictures are different, if that was part of the summary
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that was prepared, beyond just the fact that there were
two licenses.
THE COURT: But if he -- do you know the answer to
that?
THE WITNESS: I think I can recall. I just note
that there were the two licenses on the phone. I don't
think I describe anything about the licenses.
THE COURT: Do you have the summary here? What
does it say?
MS. WESTFAHL KONG: Could AUSA Faerstein approach
to help us find it?
MR. KEOUGH: Just for the record, attorneys for
government at the table I believe were trying to figure
out what this summary is so that we can show it to the
witness.
I think that is what they are trying to figure
out. And, your Honor, we request a copy of the document
that the government is reviewing now.
THE COURT: I would like to see it first.
MR. O'DONNELL: Sorry, your Honor. I can't hear
you?
THE COURT: I would like to see it first.
MR. O'DONNELL: Yes, your Honor.
THE COURT: Hand it up. While you are at it, I
would also like to see that exhibit that was mentioned
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this morning. I think it was the e-mail in the Palmerton
affidavit.
MR. KEOUGH: Is your Honor referring to the cover
e-mail to exhibit O?
THE COURT: What?
MR. KEOUGH: The April 27th e-mail with the text
messages?
THE COURT: I am referring to what was referenced
this morning which was part of -- it was Exhibit -- I
think it was an e-mail in Palmerton's affidavit that was
referenced, Paragraph 21, was it. Maybe 26. Maybe
paragraph 26.
MR. KEOUGH: Yes, your Honor. I see what you are
saying here.
THE COURT: Okay. Just let me see it.
MR. O'DONNELL: Your Honor, we don't have that
e-mail now. We will look for it and try to get a copy
for the court, but we have a copy of the summary that we
discussed. We have highlighted the portion.
THE COURT: Yes.
MR. O'DONNELL: May I approach?
THE COURT: And get me the other thing quickly.
MR. KEOUGH: And, your Honor, we request that a
copy of this also be provided to the defense.
THE COURT: I have handed up to me what is called
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"Working Draft for Superseding Indictment."
Is this what you prepared?
THE WITNESS: If it is -- if it says Hart
Construction on top, yes. The format looks familiar.
THE COURT: Why is it undated? Does not have a
date on it. There is no date on this. How does this
relate to the prosecution memo that was submitted? What
is this document?
MR. O'DONNELL: AUSA Faerstein testified that this
was a summary that was provided to him when he joined the
case by the agents summarizing evidence. It is not the
actual working draft of the superseding indictment. That
is a little misleading. What it is meant to suggest is
this is a summary to be used to help prepare the working
draft for the superseding indictment. So this is a
summary of facts provided by agents.
THE COURT: How does this compare to the actual
prosecution memo?
MR. O'DONNELL: It is a completely different
document. This was prepared at the request of the AUSA
from the agents.
THE COURT: I am going to mark this as whatever
the court's number is, Exhibit 1, I guess. And the
government has already tabbed for you the part that you
may think relevant.
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MR. KEOUGH: May I approach, your Honor?
MR. CIPOLLETTI: Your Honor, Mr. Faerstein is
going to attempt to connect his computer to the Internet
downstairs and get a copy of the e-mail.
MR. O'DONNELL: Your Honor, I just want to lodge
an objection based on work product. This was prepared at
the direction of attorneys.
THE COURT: I am just -- I don't think there is a
work product issue here. We are in a different format.
But, in any event, look at that part that was highlighted
by the government.
MR. KEOUGH: Your Honor, could I just have a
second to confer with my co-counsel?
THE COURT: Yes.
(Counsel confer.)
THE COURT: The part that is relevant, I gave you.
Don't look through the rest of it, and return it to
the -- that part of it can be marked as an exhibit. The
rest of it should be returned to the government.
MR. KEOUGH: With your Honor's permission just
because there is only one copy, if I could just put it on
the Elmo.
THE COURT: Read it to him. Why does everybody
have to see things? Can't people understand a sentence?
There is only a couple of sentences.
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MR. KEOUGH: Yes, your Honor.
Q
So, Agent Clark, I have what is in front of me that
has been marked Court's Exhibit 1, a document that the
government handed up just now, and the title says
"Working Draft for Superseding Indictment, Heart
Construction, PPP loan, Celtic Bank, 4363847301."
Does that sound familiar?
THE COURT: How can that sound familiar to him? I
mean, come on. You don't want to ask a question like
that.
MR. KEOUGH: I apologize, your Honor. That was a
bad question.
Q
Agent Clark, the Court showed you this document.
THE COURT: He knows it. He saw it. He says that
is the one he prepared. So let's turn to what you think
is relevant.
Q BY MR. KEOUGH: On page 5 of the document, I will
read it to you so you can hear what it says. It says,
"during a CBP stop in Miami Florida, four Florida debit
cards in the name of Iullia Zhadko which included one in
the name of Top Quality Contracting in the possession of
Richard Ayvazyan, two different photos of a California
driver's license, C8924483 was observed on Richard
Ayvazyan's phone. DL C8924483 does not exist in
California DMV records."
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And my question for you, Agent Clark, is the
reference to two different photos of the driver's license
that I just read to you from this document, are those the
two photos that we saw here from the 65 provided to you
by Agent Palmerton?
A
Yes.
MR. KEOUGH: Okay. Thank you. And, your Honor,
you would like us to return this to the government.
THE COURT: Yes.
MR. KEOUGH: Thank you.
Q
Okay. Now, returning to the 65 photos that we just
discussed, two of those photos also included references
to someone named Olaf Lansgaard.
Do you recall that?
A
The photo of Olaf Lansgaard, no, I don't.
Q
So we are here in KX1 which is the 65 photos, and
if we can go to PDF, page 37. And you see image 37A
which is depicted here which was part of the set of 65
photos from the Miami phones is a picture of what appears
to be a website or web search and the first entry there
says Olaf Lansgaard obituary.
Do you see that?
A
Yes.
Q
And Olaf Lansgaard, you recall was an attorney who
we will say whose name was involved in some of the real
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estate transactions in this case; correct?
A
Yes. He is on the e-mail indicating he is the
attorney for the purchase of the property.
Q
And do you recall which property specifically?
A
I think, well, there is the Calle La Primavera.
There is the Anastasia and the Imperial.
Q
And fair to say that Mr. Lansgaard died in 2019;
correct?
A
April 23rd, I believe, 2019.
Q
And if we look closely here at image 37A, we can
actually see that here on that first line. It says
May 2nd, 2019, Olaf Lansgaard of Rosamond, CA, passed
away on April 23rd, 2019.
A
Yes.
Q
And fair to say that the person that had this phone
whoever completed this web search also had that
information in front of them too?
A
I don't know who had the phone.
Q
But whoever had this phone and did this web search
would have seen this; right? That is what the photo
shows?
A
Is there a question?
Q
You would agree with that; right? That whoever had
this phone and performed that web search, they saw that
Olaf Lansgaard was dead.
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A
It is a photo of that web search.
Q
Including an obituary for Olaf Lansgaard --
correct -- as one of the first hits?
A
I don't know if that is an obituary that is from
some other website.
Q
The fact that he passed away on April 23rd, 2019,
is right there in the photo; correct?
THE COURT: Why are you asking him whether someone
who saw this would have noticed it?
MR. KEOUGH: The question is whether or not seeing
these photos informed Agent Clark that the person who
possessed the phone which, here, is the defendant had
this information about Olaf Lansgaard's death in front of
them.
THE COURT: Whether Richard Ayvazyan had the
information in front of him?
MR. KEOUGH: Correct, your Honor.
THE COURT: So you are asking did he make that
connection when he saw what you are referencing and
Richard Ayvazyan?
MR. KEOUGH: Yes, your Honor. Or if he would
agree with me that Olaf Lansgaard's death is noted here
in the image.
THE COURT: Well, I mean, it is. Isn't it there?
MR. KEOUGH: That is the question, your Honor. If
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the witness would answer, I think we can move on to the
next.
THE COURT: It is there right? It is on the
screen. Is that what you saw?
THE WITNESS: I don't recall seeing that.
THE COURT: I see. So what exactly, again, are
you referencing? What is this?
Q BY MR. KEOUGH: Agent Clark, you did review the 65
photographs from Agent Palmerton?
A
Yes.
THE COURT: Is this one of the 65 photographs?
MR. KEOUGH: Yes, your Honor. This screen shot of
a web search for the obituary.
THE COURT: That is on the 65 photos?
MR. KEOUGH: Correct, your Honor.
THE COURT: Well, if he reviewed them, then he
probably saw it. Whether he remembers it or not is
another question. But if he says he saw them, and it is
there, he saw them.
MR. KEOUGH: Thank you, your Honor.
Q
As part of your investigation, you reviewed escrow
files; correct?
A
Correct.
Q
And as you testified just now you recall reviewing
escrow files that had Olaf Lansgaard's name on them?
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A
Correct.
Q
And did the escrow files themselves indicate
whether or not Olaf Lansgaard was alive or dead?
A
Not that I recall.
Q
And if we could pull up KX28.
A
Could I correct that, your Honor?
THE COURT: All right. What were you going to
say?
THE WITNESS: The author of the e-mails indicated
Olaf Lansgaard was basically alive, that he is my
attorney and he will be reviewing these documents.
THE COURT: That was in the escrow?
THE WITNESS: Yes. Several.
Q BY MR. KEOUGH: But, fair to say, that escrow
records didn't inform you that he was dead?
A
They didn't say he was dead.
Q
And if the escrow records didn't do that, how did
you learn that Olaf Lansgaard had died?
A
I had done some investigative steps. I know I
talked to his legal assistant.
Q
And so your testimony is that not before you talked
to the legal assistant, you would have learned that he
had passed away?
A
I believe I learned that he had passed away before
that. I just don't know how.
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Q
Did you learn from the 65 photographs that Olaf
Lansgaard had died?
A
I don't recall that from that, that he had died.
Q
Or did somebody else who had reviewed the 65
photographs tell you that Olaf Lansgaard was dead?
A
I don't recall somebody telling me that he died.
Q
So what we have here is KX28 which do you recognize
this as a memorandum of interview that you conducted?
A
Yes.
Q
And this is the legal assistant to Olaf Lansgaard
the one you just referenced; correct?
A
Yes.
Q
Interview took place in February, 2021?
A
Yes.
Q
And in the memorandum of interview, it says let me
just blow up that first paragraph so you can see it
clearly. It says that Gamero, the legal assistant,
acknowledged that she had received a call from Cecilia
Fisher, Olaf Lansgaard's sister, requesting her to
contact Special Agent Clark -- that is you -- about her
employment with Lansgaard; correct?
A
Yes.
Q
So, based on this, is it fair to say that you
reached out to his sister first and then learned the
identity of his legal assistant?
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A
I don't recall how I learned, but I reached out to
his sister who was a trustee for him.
Q
And, then, it looks like the sister asked the legal
assistant to contact you so that you could speak to her?
MR. O'DONNELL: Objection as to asking about what
appears to be from the interview report. He can ask the
witness what he recalls.
THE COURT: All right. Ask it in that form.
MR. KEOUGH: Sure.
Q
So do you recall whether or not when you reached
out to Olaf Lansgaard's sister she said that she would
call or ask the legal assistant to call you?
A
Yes.
Q
And I take it that the legal assistant did call
you?
A
No, she did not.
Q
How did this interview then come about?
A
I performed some investigative steps and determined
who the legal assistant was.
Q
After you had spoken to the sister?
A
Correct.
Q
And then, as a result, this interview occurred?
A
Correct.
Q
If we could just pull up your declaration, and if
we could go to the third page. So if we could just blow
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up paragraph 16. And I won't go through all of this with
you because it is here in your declaration. I just have
one question.
So paragraph 16, as you can see here,
describes at least your attempts to review a Cellebrite
for a phone 1B123. And from the investigation you are
aware that 1B123 is the phone that was registered to
Iullia Zhadko?
A
Yes.
Q
And towards the bottom, four lines from the bottom,
it says I also recall a video of Richard Ayvazyan's face.
You see that there?
A
Yes.
Q
So, first of all, you recall the video that you saw
on the phone that you released from the Cellebrite
report?
A
Yeah, it was --
Q
And do you recall whether or not you shared the
fact that that video was on the phone with any other
member of the investigation team?
A
I am sure I shared it with somebody. I am sure I
shared it with somebody, yes.
Q
Specifically, do you recall if you shared it with,
say, Agent Massino?
A
No.
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Q
No, you didn't share, or, no, you don't recall?
A
I don't recall.
Q
Do you recall if you shared it with Mr. Fenton?
A
I don't recall.
Q
If we could go back up to the first page. So the
first page you say that you based the declaration on your
personal investigative actions related to two phones
1B123 which we just talked about and 1B126.
You see that?
A
Yes.
Q
And you would agree 1B126 is the phone that was
registered to Victoria Kauichko, one of the Miami phones?
A
That is my understanding.
Q
Now, I just want to ask you about the other three
phones that were seized in Miami which weren't mentioned
in your declaration, and I just want to know if you
reviewed the Cellebrites and you can tell me "yes" or
"no".
So the first phone is 1B4 which is a phone
associated with an account for Anton Kudamov.
Do you recall reviewing the Cellebrite for
that phone?
A
That file was -- I couldn't download it.
Q
And so you personally didn't review that
Cellebrite?
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A
Correct.
Q
Okay. Do you know if anybody on the investigation
team shared information from that Cellebrite phone, 1B4,
with you?
A
No.
Q
No, they didn't share, or, no, you don't know?
A
I don't know if any information from that phone was
shared with me.
Q
Okay. The next phone is 1B124 which is the phone
associated with Mary Terabelian that was seized in Miami.
Same question, did you review the Cellebrite for 1B124?
A
No.
Q
Do you recall whether anyone on the investigation
team shared information from 1B124 with you?
A
No.
Q
No, you don't recall?
A
I don't know. No, I do not.
Q
Okay. And the last phone is 1B125 which was a
phone associated with Richard Ayvazyan that was seized in
Miami. Did you review the Cellebrite for that phone?
A
No.
Q
And fair to say that you can't recall if anybody
shared information from that phone's Cellebrite with you?
A
Correct.
MR. KEOUGH: No further questions, your Honor.
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THE COURT: Anything else?
MR. LITTRELL: No, your Honor.
THE COURT: Thank you, sir. Step down. Okay.
What time is it now?
THE CLERK: 2:53.
THE COURT: Let's take a short recess, and here is
what I would like to hear. We have already had well over
a hundred pages of briefs, and the court is very familiar
with the evidence in the case and the arguments. But I
would like to hear briefly, and I mean very briefly, from
the parties regarding the bullet points.
What is the -- what is the takeaway from this
hearing, and I guess, more pointedly, what was developed
at the hearing that modifies or is different than what
was argued in the pleadings. In other words, what
different view of the case should the court consider in
light of what was presented today beyond that which was
argued in extensive briefing. And when I say summary, I
mean summary.
And don't engage in hyperbole. It won't be
helpful. I am trying to take a very analytical approach
to this issue as I should, and, especially in the
defendant's briefs, they spent an awful lot of time
engaging in hyperbole. It is not that the arguments are
not clear, but it isn't helpful.
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So this is your opportunity to to make your
most important points and don't dwell on something less
important or what is understood. Okay. I will give you
a little time to think about that.
MR. RAM: Your Honor, the defense was planning on
submitting post hearing briefing.
THE COURT: I don't want post hearing briefs. I
feel I am adequately prepared, and this is an opportunity
to do what I just said. So I will give you some time to
think about it, and then we will hear argument.
(Recess from 2:57 to 3:25 p.m.)
THE COURT: Okay. I will first hear from the
defendants.
MR. LITTRELL: Thank you, your Honor.
I intend to tailor my remarks to the court's
admonition you want to hear the bullet points and the
take aways.
THE COURT: Yes.
MR. LITTRELL: Here is the takeaway, and this is
with respect to Mary Terabelian. Prior to October 20th,
2020, the government knew very little about her. The
investigation up to that point was focused on the flow of
funds, tracing funds from loans to bank accounts to real
estate. It is true that some of that money flowed
through Mary Terabelian's bank account, but it was only
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momentarily and it was clearly at the direction of her
husband and not her.
She had a prior conviction with her husband in
2012, but that had nothing do with this case and had
nothing to do with Victoria Kauichko which is the
identity they were later going to say she used and
controlled.
That was essentially the sum total of what
they knew about Mary Terabelian. After October 20th,
2020, they were exposed to a tremendous and powerful
source of information about who she was, what her role
was, and it was evidence that was far more compelling
than anything that they had before that.
That exposure came in at least four ways:
First, it came when the CBP orally conveyed to most of
the important players from the prosecution that Mary
Terabelian possessed a phone in which she appeared to be
using and controlling the identity of Victoria Kauichko.
Now, note, that this was an identity, a synthetic
identity that the government knew about, but they did not
know who controlled it.
And, in fact, if there was any evidence about
who controlled it, it pointed elsewhere not to Mary
Terabelian, but when they got that call from CBP and they
learned that Mary Terabelian had text messages in which
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she was using and controlling that identity, that pretty
decisively pinned that synthetic identity to her.
That was followed by a couple of more sources.
Photographs taken from the actual phone, and the ones
that I focus on and I think are most important here are
the 141 photographs taken by CBP. That was revealed to
the prosecution team on or about February 2nd, 2021 which
was months before trial and with plenty of time to make
use of that information. Just about every member of the
prosecution team has admitted that they saw those
photographs, that they looked at them carefully.
Those photographs not only -- the text message
on the phone not only showed that she was using that
identity, but that she was communicating with her husband
Rich Ayvazian about it. It also showed that she was
making purchases from Picadilly Jewelers. It also showed
that she had the personal identifying information for
Victoria Kauichko including her Social Security number,
her address and other information. And, in fact, it
showed that she was, in fact, using that identity which
was the government's theory of the case.
Every witness in this case essentially
confirmed that the government saw and relied on that
information. And, in fact, Justin Palmerton was candid,
and what he said was the government's theory that Mary
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Terabelian was using and controlling the idea of Victoria
Kauichko was formed based on the messages that they saw
on that tainted phone.
The only witness that refused to acknowledge
that was Chris Fenton, and I want to talk about his
testimony in a moment.
We know that every member of the prosecution
team saw these text messages and photographs. We know
that they used them. It was their burden to establish
that these images which as I said far more important and
powerful than anything the government had prior to that
point affected no part of their trial preparation, no
part of their investigative strategy, did not inform any
leads, the questioning of any witnesses and the formation
of arguments in closing.
We saw at least a couple of examples just
right here in the last two days of them doing that. For
example, when Mr. Fenton reached out to the owner of
Picadilly Jewelers after having subpoenaed him for
records he was able to determine that that response was
incomplete because he had already seen communications
between Mary Terabelian and the owner of Picadilly
Jewelers. And that is what allowed him to follow up and
specifically refer to the tainted messages on the phone
in pressuring them to give him more. That is a use.
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That is a direct use of the tainted information.
We also know that after the government found
pictures of Nazar Terabelian's credit card on Mary
Terabelian's phone, they then added a charge of
aggravated identity theft against Mary Terabelian which
did not appear in the indictment that preceded that.
We also know that when we approached the
government to discuss a plea, they specifically repeated
back information they could only have gotten from that
tainted phone, information that she and Richard were,
quote, like Bonnie and Clyde, two peas in a pod. There
was no evidence to support that theory prior to that.
All Christopher Fenton says is that Ms. Terabelian is
actually going around spending money as Victoria
Kauichko. Again, no evidence for that position other
than what is in the phone.
So it is really crystal clear that this -- the
contents of that phone affected every stage of their
preparation, both the decisions they made about witnesses
to interview, how they interviewed those witnesses, what
arguments to make, the refusal to plea bargain with us,
it was very clear that it was based on the contents of
that phone.
Now, it is their burden to establish that that
is not true, and their burden is by a preponderance of
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the evidence. But they have to establish that for every
use of that evidence that followed their exposure. Any
ambiguity in this respect has to be interpreted in favor
of the defense and against the government.
So the very fact that it took well over a
hundred pages of briefing to discuss this issue is pretty
strong evidence that it is a burden they can't overcome.
The fact that we were here for two days talking about use
after use, derivative use after derivative use is pretty
strong evidence that they cannot overcome that burden,
but, again, it is their burden.
But I think a clue to what they fail is they
don't really acknowledge that they have the burden. You
heard Catherine Ahn testify that when they all got
together to discuss what they were going to do about this
issue, the only questions they asked were did you use
this information in front of the grand jury and did you
use this information at trial. And once they answered
those questions in the negative, they decided that they
didn't really have to do anything more.
So, now, here we are two months later and they
are attempting to reverse engineer the situation and now
say that they can recall not using this evidence to
develop leads or interview witnesses, and it is just not
credible.
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And so I think the easiest and the best way
for the court to decide this is to decide it based on the
declarations. They have admitted that they were all
exposed extensively. They have admitted that they all
used the information at various stages of the trial. I
think the most powerful evidence is that Mr. Fenton who
was the lead prosecutor from the beginning used this
since the very beginning.
So, really, the only reason for a hearing is
to challenge their generalized denials, and, if you look
in the case law, the cases are pretty clear that making a
generic denial along the lines of we didn't develop any
leads based on that evidence, that doesn't really count
for anything at all. The whole purpose of this hearing,
however, was to refute their claims, their generic claims
that they didn't develop any leads.
And I want to say most of the witnesses that
testified were largely credible, and they are advocates
and they want to win but they were pretty straight with
the Court. Mr. Fenton was an exception. He was from the
beginning of his testimony evasive, defensive, not
credible. He refused to accept propositions of fact that
were plain to everybody else in the room. He refused to
accept that, as a fraud prosecutor, that it would be
important to him to find text messages between his two
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main subjects talking about the subject of the fraud.
And, remember, this is a case in which prior
to that, there was no evidence tying Mary Terabelian to
Victoria Kauichko other than the flow of funds. If you
recall when I tried to ask Mr. Fenton what the government
knew prior to to October 20th, he went on a long
discussion about all of his thoughts and theories and
suppositions about what he thought might be there, but
his testimony in the end was no different from
Palmerton's in substance. They really didn't have
anything other than the flow of funds and the prior
conviction.
You can hold it against the government and you
should that Mr. Fenton refused to acknowledge the
importance of these text messages, refused and persisted
in an incredible position that these were cumulative to
what he already had. Anybody who is a prosecutor or
investigator or really with common sense knows that that
is not true. Now, he is an advocate, and the government
worked very, very hard to bring this case and it was an
important case. And they have every right to take
aggressive positions as advocates, but it is different
when you get on the stand as a witness and you take an
oath to tell the truth. And that is not what Mr. Fenton
did.
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This case is going to turn on what is the
standard of proof, and the parties have very different
versions of what that should be. But there is no
standard of proof that you can meet if you can't tell the
truth in a federal court.
So I would submit that this court should
decide this on the pleadings which I think are decisive
in the favor of the defense. But to the extent that
there is any debate about what the standard is or whether
it has been met, the government loses by default because
its lead prosecutor didn't tell the Court the truth.
THE COURT: Thank you, Mr. Littrell.
The way I want to do this is get a response
from the government with each argument. That way I can
process it better.
MR. FENTON: Thank you, your Honor.
At the start of the hearing, the Court asked
the parties to focus on credibility, and, largely, the
parties did not. They did not develop any evidence on
cross undermining the credibility of any of the
witnesses. The only witness that Mr. Littrell challenges
the credibility of is myself.
And I would contend two things that are
extremely important to evaluating my personal
credibility. One would be the corroborating evidence
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that is submitted in connection with my declaration
which, after review of my e-mails and a refreshing of my
recollection, tracks, traces in painstaking detail the
chronology of the investigation up to and including
October 19th and 20th and then beyond to show how we
developed evidence for the trial.
And, in a moment, I will go through some of
the specific evidence that I think showed that we
believed that Mary Terabelian was involved, that she
should be charged, all before the border stop and
additional evidence that showed that she specifically
used the Victoria Kauichko identity.
But the second thing I will say is that
Mr. Littrell made some very serious allegations with
respect to matters about which he does not know. Some of
the things that he challenged me on credibility grounds
are things that the Court requested that the government
submit evidence in camera to support. There are
specifically two things that Mr. Littrell found to be
incredible. One --
THE COURT: One minute. Are you now referring to
things that were submitted in camera?
RIGHT1: Yes, your Honor, but I am not going to
refer specifically to the --
THE COURT: Well, should the Court unseal those
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now?
MR. FENTON: Your Honor, the government would have
no objection to the Court unsealing that evidence.
THE COURT: Well, I mean in light of what has
developed, it seems fairness would dictate that that be
done. So turn those documents over to the defense, and I
will allow Mr. Littrell to make an additional argument
once he has seen it.
Identify what we are turning over now. What
are we turning over for the record?
MR. FENTON: So we are turning over two sets of
documents, the first set of documents are documents that
relate to when the government discovered that Nazar
Terabelian, Marietta Terabelian's father, was deceased.
The government, I testified on the witness stand that I
learned on October 22nd. Mr. Littrell deemed that a
coincidence, quote, unquote, challenging my credibility
and suggesting that, in reality, I learned when I
received a copy of CBP reports on October 23rd. The
evidence submitted to the Court demonstrates that my
representation to the court was 100 percent truthful and
accurate.
THE COURT: Well, what document that was in camera
has now been unsealed and turned over to Mr. Littrell?
MR. FENTON: So we have turned over three e-mails.
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THE COURT: I mean, were they identified in the in
camera submission? Maybe that is the best way.
MR. FENTON: So there are three e-mails identified
in the in camera submission on pages 63, 64 and 65.
THE COURT: Of the in camera submission?
MR. FENTON: That's right.
THE COURT: What date was that in camera
submission?
MR. FENTON: It was yesterday evening in response
to the Court's order yesterday afternoon, the government
compiled the material requested and submitted it in
camera.
THE COURT: I see.
MR. FENTON: So there are three e-mails that
specifically corroborate my testimony to the court.
THE COURT: They corroborate that you knew about
Terabelian's father passing away on October 22nd not
23rd.
RIGHT1: That's correct, your Honor.
THE COURT: And what is it in those documents that
makes your point?
MR. FENTON: So if you look at the documents,
there is an e-mail from agent Palmerton.
THE COURT: Do this slowly because I don't have it
before me.
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MR. FENTON: I can hand a copy up, your Honor.
THE COURT: Hand a copy up.
Page 64, you said.
MR. FENTON: It is on page 63 out of 65.
THE COURT: Just give me a minute to read it.
MR. FENTON: Yes, your Honor.
(Pause in proceedings.)
THE COURT: Mr. Littrell, if you wish to argue
further in light of that document, I will allow you to
briefly do so, and then I will turn it over to Mr. Fenton
to continue his argument.
MR. LITTRELL: Sure.
THE COURT: You can sit down for a minute,
Mr. Fenton.
MR. LITTRELL: Just to be clear, I think his
testimony was incredible in a number of respects not just
this one, but I will say this: I haven't had a chance to
look at these e-mails so I don't really know. What I do
see is an e-mail that he apparently received from
Palmerton talking about -- he asks the question on
October 22nd when did Nazar die. I think that still begs
the question of how did he learn that Nazar died which I
think the only real explanation is he got it from the
phone. So he still hasn't explained how he learned it.
THE COURT: I want to hear your explanation, and
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your colleague has just stood up. He must have something
to say to you.
MR. LITTRELL: He makes a good point that the
purpose of the e-mails was to prove that Mr. Fenton
learned via e-mail, and they certainly don't prove that.
In fact, the first e-mail is a question when did Nazar
die from Mr. Fenton suggesting he learned it some other
way other than by e-mail. I see him nodding his head. I
think he learned it from Mr. Palmerton who learned it
from tainted evidence.
THE COURT: I wanted to give you an opportunity to
make your comment about it because you didn't have it
when you argued. Now, I am going to turn back to
Mr. Fenton.
MR. FENTON: Your Honor, the e-mails that we
present are in chronological order. There are three.
The first is from Agent Palmerton and Agent Massino
copying me. It is at 7:42 p.m., Eastern time. In that
e-mail, it is noted that Nazar Terabelian is one of the
individuals who was related to Marietta Terabelian, and
we were concerned, we were looking at this for the
purpose of detention to determine who might post bond.
In that e-mail, it is noted that Marietta's
father is deceased, and that is right at line 5 on that
e-mail. The e-mail that Mr. Littrell refers to where I
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say when did Nazar Terabelian die was then sent
three-and-a-half or three hours and 45 minutes later at
10:59 p.m., Eastern time, which means that the question
that I was asking was in response to information that I
had received hours earlier from the agents. These three
e-mails definitively respond to the question and the
credibility challenge made by Mr. Littrell.
THE COURT: Mr. Littrell says that it may respond
to one instance of his position, but there are others so
this is your opportunity to argue the response to what
Mr. Littrell argued.
MR. FENTON: Yes, your Honor. And I think the
second challenge that Mr. Littrell makes is really based
around my account of the events on the evening of
October 19th and into the morning of October 20th when we
were making the decision as to whether or not to effect a
probable cause arrest on Marietta Terabelian based on the
evidence known to us at that time.
Mr. Littrell makes the argument that my
testimony is incredible because what it shows is that at
the time that we made the arrest, I made it based on
information learned from the phone, not specific
information but generalized accounts presented by CBP
officials that there were text messages on the phone
suggesting that Ms. Terabelian was using the identity of
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Victoria Kauichko.
In my view, at the time when I made the
decision to request permission and authority from my
supervisors to effect the probable cause arrest, it was
the fact that she was in physical possession of a credit
card in the name of Victoria Kauichko which, coupled with
all of the evidence that we had learned in the four
months prior to that, showed to me that there was more
than probable cause that she was part of the conspiracy,
period, working with her husband as she had back in 2012
to commit loan fraud and, second, that she was using
specifically that identity.
It was the physical possession of that credit
card. Yesterday evening, we submitted 63 pages of
e-mails that walk through in painstaking detail the
events of that evening and my correspondence both with my
colleague AUSA Julian Andre, my supervisors Brian Kidd,
Rush Atkinson, Henry Van Dyke and others, Julian Andre's
communications with his supervisor and our communications
with the local AUSAs in the Southern District of Florida
who asked us to, among other things, articulate the basis
for probable cause to support the arrests because they
were going to have to get authorization in the middle of
the night effectively.
If you look at page 45 of 65, there is an
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e-mail from me to Kirin Bhat, B-H-A-T. Kirin Bhat is an
AUSA in the Southern District of Florida. That e-mail
was sent by me at 12:23 a.m., 23 minutes after midnight
on October 20th. In that e-mail, I explain that one of
the reasons that -- I articulate the basis for probable
cause so we can obtain authorization from that AUSA to
effect the probable cause arrest in his district, and I
explained that Terabelian was found to be in possession
of contraband including credit cards in the name of
Victoria Kauichko. There is no mention with respect to
the phones belonging to Marietta Terabelian.
And as I explain when I was on the witness
stand, my understanding at the time, my recollection of
that evening was that the first piece of information that
was learned was that they were in physical possession of
these credit cards, number one, and, number two, that
they were doing, they were conducting manual searches of
these phones. And there were many phones as your Honor
recalls. There were five.
And they were working through those phones,
and, at this point in time when I wrote this e-mail, my
focus was on the physical possession of the credit card
that was in the name of Victoria Kauichko that was on
Marietta Terabelian's person.
This corroborates my testimony as does the
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testimony that Special Agent Palmerton provided earlier
this morning. So I think, for all of these reasons,
there is no reason to question my credibility.
What the issue that Mr. Littrell effectively
has is one of argument, not credibility but of argument.
What matters more to a fraud prosecutor: The physical
possession of a credit card in the name of another
individual who has taken out fraudulent loans and then
used that money to buy things for themselves including a
home that they live in.
THE COURT: Just one minute. You said an
individual who is in possession of a credit card in the
name of someone who took out fraudulent loans, in other
words, the person who took out the fraudulent loans was
Kauichko; correct?
MR. FENTON: The alias Victoria Kauichko.
Correct.
THE COURT: So that was the borrower, and, but, go
on. You are saying you found the identity of Kauichko on
her person.
MR. FENTON: Right. So the question, your Honor,
is a debate between myself and Mr. Littrell as to what
matters more, the physical possession of the credit card
or the digital photographs that were on the phone. That
is essentially the issue. And what I said when I was on
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the stand was that they are both good pieces of evidence.
They are both great pieces of evidence.
But, at the end of the day in my mind, what I
learned first and what I still believe is better evidence
is the evidence of the physical possession of the credit
card.
THE COURT: Remind me, who drafted the criminal
complaints for the Florida arrest?
MR. FENTON: Those complaints were drafted by
Special Agent Palmerton and myself and AUSA Julian Andre.
THE COURT: Because I did notice in those criminal
complaints that in the criminal complaint for Terabelian,
there was no mention of the phone recordings, phone
e-mails or whatever, but there was mention of the credit
card found on her person. With regard to defendant
Richard Ayvazyan, the criminal complaint mentioned both
the credit cards found and the texts on the phone.
MR. FENTON: Your Honor, I do not have a copy of
the complaint up here with me. I do believe, your Honor,
that it does refer to the text messages that were found,
the general allegation about the text messages found on
Marietta Terabelian's phone.
THE COURT: So on the the criminal complaint, in
the criminal complaint, you are saying that Mary
Terabelian, you did mention the text messages?
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MR. FENTON: Yes, your Honor.
THE COURT: I must have missed that.
MR. FENTON: Yes. And the time table for that was
we made the decision to effect the probable cause arrest
around 9:30 or 10:00 p.m., Eastern, and then sought
authorization from our supervisors and then began
drafting the complaint to swear out in the Central
District of California around 12:30 or perhaps 1:00 in
the morning and then worked through the evening.
What we did was we had learned additional
information by that time as I had testified on the
witness stand, and we included that additional
information in the complaint after we learned it.
Both pieces of evidence are no doubt good
pieces of evidence, even great pieces of evidence, but,
in my view, once we had Marietta Terabelian in physical
possession of that credit card, we could not allow her to
leave without arresting her, and the reason why is
two-fold: One, we were afraid of risk of flight; two, we
were concerned that she would walk out that door and
throw those credit cards in the garbage and we would
never see them again and take whatever phone she had and
toss them into a river, flush them down a toilet, they
would be gone. And then she would go back home and take
all the evidence in her house and destroy it. And once
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she got to jail and made those jail calls, we heard what
Marietta Terabelian wanted to do. She did want to have
those evidence, the evidence cleaned.
THE COURT: All right. Let's just stay with the
argument of Mr. Littrell.
MR. FENTON: Right. But the point, though, is,
your Honor, to the extent that my credibility is in
question everything that we produced to the Court last
night in camera and Special Agent Palmerton's testimony
corroborates everything that I said on the stand, and I
think that that is important. That is Mr. Littrell's
challenge, and that is the reason why this Kastigar claim
should succeed and he has failed.
THE COURT: All right.
MR. FENTON: In addition to that, I think it is
also just important to note that the standard in these
cases -- one other point I want to make. The defendants
had previously in prior filings weighed the relative
value of the possession of a physical credit card versus
digital photographs that are on the phone, and, back
then, when the defendants were filing these briefs, they
were claiming that the physical possession of these
credit cards is better evidence than the digital
photographs.
And they were downplaying the evidence of the
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digital photographs in a number of different ways
including distancing themselves from them and claiming
that just because somebody has a phone that contains one
or several images amongst thousands that that is not good
evidence. So, today, they are telling your Honor that
this is it is the best evidence.
But when they file ECF No. 329, they told your
Honor that that evidence was worse than the physical
possession of the credit cards, that that was not good
evidence. So I think that that is something that is
extremely important when judging the credibility of the
position that is taken by the defendants.
As a general matter, the question that is
before the Court is not whether the government was
exposed to this information on the phones. It is whether
the government used that information to build the case.
And what we have shown through our nine
declarations and our two submissions is that the
government had substantially completed its investigation
by October 19th and that the government had, as early as
August, had identified the subjects of the investigation,
the defendants, they had identified connections between
Richard Ayvazyan and Iullia Zhadko. They followed the
money. This has always been a case about following the
money and piecing together the bank records, and we did
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that. And the bank records lead directly to Marietta
Terabelian.
Setting aside for the moment the idea that
Victoria Kauichko is critical, we see money going through
fraudulently obtained PPP and EIDL loan money going
through her personal bank accounts being used to buy a
$3.25 million mansion on Topeka Drive, and then she buys
that house and then she moves into it with her family.
That is powerful evidence. She is the sole signatory on
that account. That is powerful evidence.
THE COURT: Is it powerful evidence that she was
part of the loan fraud or powerful evidence that she was
Kauichko?
MR. FENTON: I think it is powerful evidence that
she is part of the conspiracy.
THE COURT: Well, what the argument from the
defense is is that it is evidence of perhaps her
participation in the fraud, but it doesn't show that she
is Kauichko. So, and I appreciate your argument about
finding the credit card, but that is where things stand.
What are you showing me now?
MR. FENTON: Well, your Honor, there are two
additional things that I would like to direct your
Honor's attention to that do prove that link, that
further prove that link.
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THE COURT: What link?
MR. FENTON: The link between Marietta Terabelian
and Victoria Kauichko.
THE COURT: This is prior to October 19th?
MR. FENTON: This is prior to October 19th.
The first is Government Exhibit 115 that we
presented at trial. This shows the flow of funds to the
La Calle Primavera home. This is an excerpt from -- this
is an excerpt from that exhibit that shows that the
Victoria Kauichko money, that Victoria Kauichko is -- the
Victoria Kauichko name is being used.
THE COURT: It is blurred on my screen. I can't
see it. It is not clear.
So walk me through this again.
MR. FENTON: So, your Honor, this is an example,
an excerpt from Government Exhibit 115 at trial that
shows the tracing of the fraudulently obtained PPP loan
money.
Here, and this is just deemphasized for the
purpose of this particular version of this excerpt, but I
will show you. Here is the PPP loan that was taken out.
THE COURT: I see what you are saying. It was
walked through Runyan Tax Service, and you have her name
under the Runyan Tax Service. And then it goes through
part of an escrow at the home, a home that she lived in.
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So why is her name under the Runyan Tax Service again?
MR. FENTON: Because Victoria Kauichko is the sole
signatory on this bank account. The money is then -- and
if your Honor will indulge me for a moment. The money is
then used to purchase this house that is in the name of
Iullia Zhadko which is her husband's alias.
And this is the Calle La Primavera property,
and, in our opening submission at page 6, we explain that
on September 15, 2020, Special Agent Palmerton had
conducted surveillance on that house. And he realized --
he observed a certain vehicle bearing a certain license
plate, and he had found by tracking down that license
plate that it belonged to Marietta Terabelian's sister,
her husband, her ex-husband, and that that car was then
driven by her sister.
And he also found out on October 7th that
Gohar Terabelian was receiving mail at that particular
address, and he found that information out from the US
Postal Service which shows that she is using -- she is
applying for these loans using the Victoria Kauichko
money. She is then using it to purchase homes that her
family members live in.
These are not distant family members. This is
her sister. And we have evidence prior to the
October 19th stop that money that is being taken out by
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Victoria Kauichko is being used to purchase things for
her sister.
THE COURT: Are there other situations like this?
MR. FENTON: Yes, your Honor.
THE COURT: Just show them to me so I can consider
them.
MR. FENTON: The second example, and I don't have
a demonstrative to put up, but I can briefly explain it
to your Honor. The second example is that there is a
Bank of America bank records for an account in the name
of Runyan Tax Services shows that she was using the
fraudulently obtained PPP money to pay for funeral
services for that Nazar Terabelian. And these are
records that we received on September 30th, 2020,
approximately three weeks --
THE COURT: And what evidence was there that Nazar
Terabelian was her father at that point?
MR. FENTON: We knew that he was her father before
she stopped at the border. The evidence showing that is
the very first e-mail that we submitted to your Honor in
the in camera submission last night which lists as one of
her known associates, her father.
And on the check from the Runyan Tax Service
account for which Victoria Kauichko is sole signatory, it
says in the memo line Nazar Terabelian. So we have
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Victoria Kauichko who is the sole signatory using stolen
PPP money to purchase things both with respect to her
sister, Gohar Terabelian, and her father, Nazar
Terabelian.
THE COURT: Are there other examples?
MR. FENTON: These, your Honor, these are the two
examples.
THE COURT: Then, you can conclude, or if you have
something else to say I will give you the opportunity.
MR. FENTON: Yes, your Honor.
So I think the five pieces of evidence I think
that are really key here that establish the link are the
physical possession of the credit card in the name of
Victoria Kauichko on October 19th. I think it is the
fact that the Victoria Kauichko name is being used to
take out stolen PPP loans in the name of Runyan Tax
Service and then used to purchase a house for her sister.
I think it is the fact that that same money is
being used to purchase things in the name of her father.
And then also the fact that her personal bank accounts
are being used also to launder and spend money, stolen
PPP funds to buy herself a mansion along with her
husband. That coupled with her 2012 conviction for
conspiring with her husband to commit loan fraud is the
evidence that we suggest establishes more than sufficient
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for probable cause to effect that arrest.
THE COURT: Very, very briefly.
MR. LITTRELL: Yes, your Honor, very brief.
THE COURT: Because this could go on, you know,
forever. And just I am getting a good review here. So
unless there is something that you think is important.
MR. LITTRELL: I just want to respond very briefly
to the point that he made. First of all, it is easy on
the issue of credibility. When I say there is
credibility problems with Mr. Fenton, it is not simply
because of a couple of isolated incidents. It is his
demeanor, his refusal to acknowledge obvious facts. And
what he has done is he submitted e-mails to the Court
which I had never seen to challenge two discrete
challenges to his credibility. Note how when I argued to
the Court that he wasn't credible --
THE COURT: You have now seen them.
MR. LITTRELL: I have actually not had a chance.
It is 65 pages. The point is this --
THE COURT: I read them. They were only a line,
page 63, -4 and -5.
MR. LITTRELL: I did read that one line, but it is
hard to figure out the import of it.
THE COURT: Why is it hard? It is one sentence in
an e-mail. I don't understand that, Mr. Littrell.
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MR. LITTRELL: The court may well be right. My
point is this: I challenged him on a number of points.
I found some of his answers not persuasive. It is
entirely possible I am wrong. That is what
cross-examination is all about. It is entirely possible
those e-mails will show that some of my challenges were
misdirected. However, the overall refusal to acknowledge
what he was planning and argued in his answers goes to
his credibility and that stands.
Now, what he said was -- and I also would say
that if he was so confident in his recollection, why did
he talk to Special Agent Palmerton before his testimony
to get their stories straight?
THE COURT: What point are you referring to?
MR. LITTRELL: Special Agent Palmerton mentioned
that Mr. Fenton actually reached out to him to see what
Mr. Palmerton's recollection of the sequence of events.
THE COURT: For this hearing?
MR. LITTRELL: Yes. Just before his testimony.
But I will say this: Without access to e-mails, I can't
affect cross-examine. So that requires us to take some
risk. We don't know if we are right. So the fact that
Mr. Fenton can defend two discrete pieces of his
testimony confidently based on e-mails that he has
reviewed and I have not does not mean that his testimony
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overall is credible. But I will set that aside for a
moment because I don't think his credibility matters for
the outcome, but I do think it is in question.
What I said was this is a debate between what
matters more. He acknowledged that the evidence found in
Ms. Terabelian's cell phone in one of the images I am
showing to the court was great. That is something he
refused to admit on the stand. On the stand, he actually
downplayed it, said it was cumulative, wouldn't even
acknowledge that it corroborated his theory of the case.
And, in fact, he claimed contrary to Special Agent
Palmerton that that theory was formed prior to seeing
what was on the phone. That is not credible.
But here is the important thing. This is not
a contest about what evidence is great or good or more
important. If this evidence is meaningful in any way,
and it guided their investigation, then it is tainted and
they have to explain every decision thereafter. So I
don't want the court to lose site of what the question
is. The fact that he acknowledges that it is great, it
doesn't matter that there may be another piece of
evidence that is also great.
THE COURT: All right. Thank you.
MR. FENTON: Your Honor, could I just briefly
respond?
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THE COURT: 20 seconds.
MR. FENTON: Special Agent Palmerton. The
conversation that we had this morning, Special Agent
Palmerton and I, was limited to this: I said to him you
may be asked about the events of October 19th and 20th
and you should give some thought in advance of that
testimony as to the events that happened that night and
how things unfolded, and then I asked him a couple of
questions and that was it.
THE COURT: All right.
MR. FENTON: I never suggested to him -- and I
think this is consistent with his testimony. I never
suggested to him that there was a correct version of
events. I only asked him some questions so that he gave
it some thought before he took the witness stand.
THE COURT: All right.
MR. LITTRELL: I would ask if the Court is going
to consider that, I would ask that Mr. Fenton be sworn in
again. Otherwise, I think the Court should disregard
that.
THE COURT: All right. I will disregard it.
Okay. Let's hear from defendant Ayvazian.
And, again, no personal criticism intended,
but, Mr. Ram, you tend to be somewhat lengthy in your
approaches to arguments. So my instruction was to just
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hit me with the bullet points.
MR. RAM: That's correct. I am going to surprise
you here, your Honor. I am going to be very short.
And the fact is I agree with one thing
Mr. Fenton just shared with you. The question is whether
the government can prove it didn't use tainted evident.
That is the Kastigar question, and that is --
I agree. And there is a simple frame work with which the
Court can evaluate the evidence you heard both from the
government's submission and the witnesses that were on
the stand.
At this point, as Mr. Littrell has pointed out
and, frankly, the government has conceded, exposure is
not in dispute. We know several individuals were exposed
at various times to various sources including the 65
photos from Agent Palmerton starting October 20th with
information conveyed from CBP. We don't know the
specifics of it because it wasn't documented.
Then we know about the 65 photos, your Honor,
in November 13th. Then, 141 photos, February 2nd. And
then critically I think, frankly, this resolves the
issue. On February 11th, 12th and 19th, the Cellebrites
from three key Miami phones including the Zhadko phone,
the Kauichko phone. Right. Those are released. Those
are released.
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And we know starting in February the
government accessed and reviewed those Cellebrites. And
the key point, what the government can't show. Right.
And I can break this down as simply Government Exhibit 17
and 28. What the government did in 17 is part of what it
has do in a Kastigar burden. It said here is an image or
document on something we had access to. Here is why we
have a -- their claim on why they have an independent
source. We obviously disagree with them across the
board. We submitted rebuttals, but put that aside for a
moment.
Same thing with Government Exhibit 28. They
went through the 141 photos and said at least here is our
position, our claim; right. And we know in camera and
under seal they looked at -- I don't know because I
haven't seen it, but it sounds like they went through
their trial evidence and said here is how we can
independently source it. Right. That is what it sounds
like they submitted.
But they didn't do in Exhibit 17 or 28 for the
Cellebrites and that is critical in this case because, as
the government admitted to you, it is their burden to
show they didn't use tainted evidence. It is undisputed
that those three Cellebrites that were dropped in
February on the government contained volumes and volumes
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of tainted evidence, thousands and thousands of pages,
roughly 400,000 equivalent pages, and we know the
government had access and reviewed them.
In particular, Agent Palmerton and Mr. Fenton,
and we don't need to even make this about a credibility
battle at this moment. There are credibility issues, but
we know need to make it about that. We know they had
access and reviewed. And the other thing you heard on
the stand, Mr. Fenton didn't tag or take notes or
document, frankly, in any way what he was reviewing and
when. Didn't do it. And in a case -- period.
Agent Palmerton, same story. At least Agent
Palmerton, for one part of his review, created Exhibit O,
so we know for a fact he had access and likely reviewed
over 918 pages of text messages on the Zhadko phone.
And I will come back to that in two minutes
because I promised you I would be short. But, to me,
that resolves the case, your Honor.
THE COURT: Why do you always come back to things.
Stay with what you are doing. You do that frequently,
you sort of give someone a taste, then you say I am going
to get back to that and that distracts the listener. In
other words, when you say something, the listener is
focused on what you just said. So if you say I will get
back to that, it distracts me. So talk about -- discuss
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what you said you will get back to now.
Now, you can't even remember what you will get
back to.
MR. RAM: No, I do remember it. It is a very key
point, but it deals with why any uses is not harmless
here. If you don't mind, I just want to finish --
THE COURT: Don't say I will get back to it. Just
get to it because turns me off from even listening. Go
ahead.
MR. RAM: So the Cellebrite images are completely
unaccounted for by the government. And the testimony you
heard on the stand, the most common words were I don't
recall, I don't remember, and the reason they don't
recall or remember, it honestly makes sense because they
had at the time no appreciation that the evidence was
tainted. Right.
In October, in February, when the Cellebrites
are being reviewed, in March, in April, there is zero
appreciation of any type of Kastigar taint. That is a
fact you heard from every witness. This is a line in the
line of cases like Martinez which was cited where the
government was exposed to tainted evidence with no
appreciation of its taint. That is when it is frankly
the most robust showing has to happen from the government
because how can they otherwise do what Mr. Fenton told
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you. How can they prove by any standard, let alone a
preponderance, that they didn't use tainted evidence if
they can't even sit here on the stand and in their
declarations and tell you which images they reviewed.
Let me be specific. Mr. Fenton in his
declaration and his testimony on the stand said I don't
even remember reviewing, frankly, a single image from the
Cellebrites. That is the only thing I can specifically
recall. He kept using that word. Specifically recall.
And that was the Victoria Kauichko lease, swap
with Manuk Grigoryan, but we know he reviewed Cellebrites
for hours and hours and hours. And he didn't review one
image on what I think everybody would concede is very
strong evidence of fraud, highly relevant evidence that
he was -- if you look at Government Exhibit 31 --
clamoring to get from the filter team to review; right.
There is no question that he had access, and,
frankly, the defense doesn't even have to show that he
reviewed a single image. He has to prove he didn't use a
single one in any stage in any way. That means nothing
in the decision to arrest, nothing in the decision to
indict, no investigatory uses, nothing that led to trial,
nothing to confirm evidence. Right. These are standards
that the Ninth Circuit has adopted for MacDaniels, an
Eighth Circuit case, that lays out very clearly all the
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potential uses that the government cannot make.
And the government cannot meet that burden,
frankly, because they don't have an Exhibit 17 or 28 for
the Cellebrites. It doesn't exist. And given the nature
of the taint and exposure which is very robust here, your
Honor, I think under any description, without being
overly rhetorical, it is a burden they cannot meet here.
And for that reason, that would be the simplest path to
dismissing the indictment in this case.
But, beyond that, we don't need to rely on
that fact. Beyond that, your Honor, there is actual use.
Throughout the course of the hearing, my associates have
made a list of various uses, and I am happy to pass this
up as an exhibit and share it with the government. But I
see over 26 actual uses. So, to be clear, not that there
is an independent source, none of that. We don't get to
independent source if there is actual use.
And there was over two dozen actual uses that
we have seen either through the declarations or on the
witness stand. And what we know even more powerfully,
even beyond the quote, unquote, admitted used, there were
undisclosed uses made. And I just want to spend a moment
here highlighting some of the undisclosed uses.
And, actually, I want to highlight the
categories in which those undisclosed uses hit. First,
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there was trial strategy. Specifically, you saw from
Kastigar Exhibit 8 when the prosecution team was talking
about witnesses for trial, and I believe that is either
in April or May e-mail, April e-mail, who are going to be
our trial witnesses, Agent Clark responds and says, among
other comments, we need witnesses to cover the pics on
the phones. And you heard that cross-examination today,
and I won't belabor it.
At that time, April whatever it was, sometime
in April 20th, end of April, the government didn't have
access to the Cellebrites or the feedback from any of the
phones seized in the case, the search warrant phones.
They only had the Miami phones, period. That is trial
strategy use.
Second, there is trial exhibit evidence, and I
made the mistake you asked me not to do. I don't want to
address that one yet because it is the biggest one. We
have trial witness exposure. Okay. You saw from the,
quote, unquote, 10 tainted loans, the investigation from
the 65 photos sent to Massino. Agent Massino runs those
names. They get subpoenas. They did follow-up. They
interview people.
We know that that information that was derived
from that work product was sent to Marylee Robinson's
firm, Stout, and we know that Stout shared that
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information with her. She is on those e-mail chains. It
is the only question I asked about the Stout law firm.
That is trial witness exposure. And there is more than
that, and then there is also the use to interpret other
evidence. This is a key one because even if the
government has independent sources for some evidence.
Right. If they are using undisputably, actually using
tainted evidence to interpret that untainted evidence,
that is a Kastigar violation. Okay.
And if you look at Fenton Exhibit 20, I don't
think the government realized they were disclosing this.
It is just by accident we got this exhibit e-mail chain,
and if you look at the top of that e-mail chain,
Mr. Andre who didn't testify sends an e-mail to
Mr. Fenton. Okay. And Mr. Andre is analyzing the case,
and he says we should do this follow-up. A lot of it had
to do with the ten tainted phones.
But the reason I highlight this point is one
of the comments probably like four or five bullet points
down from the top of that Exhibit 20, he says with
respect to Turcan, one of the loan applicants because
information on Turcan was found in multiple sources, a
number of them untainted sources, and because that
evidence was on the Richard Ayvazyan phone, again, one of
the Miami phones, because of that, we should do
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investigatory activity X, like follow-up, do whatever he
said. So that is an example of interpreting other
evidence with tainted evidence which is prohibited under
Kastigar.
Now, let me come to one of the single biggest
uses of tainted evidence in this case, and that is
Government Exhibit 10. Okay. Government Exhibit 10,
according to e-mail I think we received from Ms. Ahn in
connection with her declaration is the star witness, star
witness of the case. We agree with her. Government
Exhibit 10 is the star witness. Your Honor sat here
through trial. I won't belabor the point.
But the point is how did the government get
Government Exhibit 10 in that form and present it to the
jury, and the answer is Agent Palmerton. We heard on the
stand this wasn't in any declaration or anywhere else.
Agent Palmerton provided the precursor to Government
Exhibit 10 to Ms. Ahn who then took that information from
Agent Palmerton and created Government Exhibit 10.
So Agent Palmerton sent her information he
extracted from the Tamara Dadyan phone. Okay. And Agent
Palmerton when he was extracting information from the
Tamara Dadyan phone, you already heard on the stand today
he told you that he had already reviewed the Zhadko phone
and the mirror image of many of those text messages on
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the Zhadko phone.
And this is the inherent endemic of the
government's burden in this Kastigar setting. It is
impossible for Agent Palmerton, especially in a time
crunch, you know, less than seven weeks before trial, six
weeks before trial, to compartmentalize the information
he learned from his review of the Zhadko phone and
others. I think he said less than 12 times -- right --
between February and May before he ever touches the
Dadyan phone. He sees the mirror image.
So there is arguments, your Honor, related to
this Government Exhibit 10. I would say there is two or
three different arguments. One, the fact that Agent
Palmerton identified the excerpts and text messages he
sent to Ms. Ahn, that is tainted. It is impossible to
compartmentalize the knowledge he had. It was disclosed
in Mr. Fenton's second declaration but not his first is
that on April 27th, Agent Palmerton sent him the tainted
Exhibit O. So not the 918 pages from the Dadyan phone,
but 918 pages of text messages excerpted from the Iullia
Zhadko phone with Tamara Dadyan, i.e., all the mirror
image texts that ultimately were distilled down to 40 or
50 pages and were presented at trial to the jury as
Government Exhibit 10. That is a big deal. That is
significant, your Honor.
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And I submit to you the government cannot meet
their burden to do what Mr. Fenton told you they had to
do, and that is they can not prove by any standard that
they didn't use tainted evident.
THE COURT: All right. Thank you.
MR. FENTON: Your Honor, Mr. Ram's articulation of
the applicable standard in these cases is completely
wrong. The focus of the inquiry under Kastigar is not
whether the prosecutor was aware of the contents of
immunized testimony but whether he used the testimony in
any way to build the case against the defendants. That
is United States versus Crawson, Ninth Circuit in 1987.
It is also well established the government is not
required to negate all abstract possibility of taint.
Rather, the government need only show by a preponderance,
by a preponderance of the evidence that, in fact, the
evidence was used, that was used was derived from
legitimate independent sources. That is United States
versus Bird, Eleventh Circuit case cited with approval by
Crawson.
The strongest evidence of that is the evidence
that the government had before the taint. That is the
Second Circuit's decision in Nanni which we also cite in
our brief. The government goes into painstaking detail,
step by step, throughout its investigation and explains
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exactly when we made the links between the defendants and
the aliases that they were using to perpetrate the loan
fraud crime.
And when I say we go through in painstaking
detail, I mean we go through, in some instances, day by
day, and the way that this investigation progressed --
MR. RAM: Your Honor, we don't have that.
MR. FENTON: It is in our opening submission. It
is in our reply brief. It is in the declarations.
THE COURT: What don't you have.
MR. RAM: We don't have the Exhibit 34 that lays
out step by step.
MR. FENTON: That is not Exhibit 34.
THE COURT: Don't debate each other.
What don't you have that Mr. Fenton is
discussing? He is talking, as I understand it, about his
declaration that was served on you you along with the
exhibits to the declaration.
MR. RAM: We have his declaration. We don't have
the exhibit.
THE COURT: You have the exhibits that related to
his declaration; correct?
MR. RAM: We don't. We don't have Exhibit 34
cited in his declaration.
THE COURT: He is saying 34 is not part of the
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argument; is that right?
MR. FENTON: I am saying that what I am referring
to at this moment, this detailed chronology, is not
Exhibit 34. It is in our submissions.
THE COURT: Everything you are now saying is in
your brief or in exhibit appended to the brief?
MR. FENTON: Yes, your Honor.
THE COURT: Go ahead.
MR. FENTON: And I am not going to walk through in
detail all of the arguments all the events here. We
start with August 4th where we have a possible subject
identification. We know the subject is Iullia Zhadko on
August 4, and we determine that is likely Richard
Ayvazyan by following the money.
In the submission we walk through August 5th,
August 11th, August 19th, August 26th, August 26,
September 25th, October, October 5th, we go through every
single week virtually for that three-month time period,
and we even show when the agents change their file names
from Iullia Zhadko to the two defendants' names, Richard
Ayvazyan and Marietta Terabelian.
On October 5th, Special Agent Clark who
testified said in his declaration that the lead subjects
of the investigation were Richard Ayvazyan and Marietta
Terabelian based on following the money. October 5th,
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three weeks, two-and-a-half weeks before they are stopped
at the border.
THE COURT: Clarify what you just said about the
internal records demonstrating that the government had
internally viewed Terabelian as Kauichko and Ayvazian as
Zhadko.
MR. FENTON: You are saying with respect to
Special Agent Clark?
THE COURT: I mean, I thought you said there was
something internally where the government designated
those defendants as having pseudonyms, Kauichko and
Zhadko.
MR. FENTON: No. I was saying that Special Agent
Clark had changed the file name on his -- so for his
investigatory file, when he has his internal records
showing who the subjects of the investigation are, when
he opened the investigation in June, 2020, Iullia Zhadko
was the subject of that information.
When -- once we followed the funds and
realized that Richard Ayvazyan and Marietta Terabelian
were lead defendants in this case, Special Agent Clark
changed -- he opened the matter under a new name on
October 5th, and that name was Richard Ayvazyan and
Marietta Terabelian. And that is set forth in his
declaration.
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THE COURT: But did he, in his internal
designation, refer to them as Zhadko and Kauichko?
MR. FENTON: That I don't know, your Honor. That
is not included in the declaration, and the defendants
did not ask about that at the hearing.
THE COURT: All right. Go ahead.
MR. FENTON: But my point is that we show that we
can meet the standard set forth in Crowson because we
show that we have built our case and that it was
substantially complete, the investigation, by
October 19th.
Now, what this ultimately comes down to I
think for Mr. Ram is just these Cellebrite reports. That
seems to be the focus of his argument, and these
Cellebrite reports come at a time when the investigation
is all but finished. We have already complainted them.
We have already indicted them. We are now doing our
paperwork to finalize this first superseding indictment,
and we do not obtain access to these phones until
February 11th, February 12th, February 19th, March 19th
or thereabouts and April 8th. That is extremely late in
the case. Given where we were at that point in time, the
information that we were obtaining from these phones, it
was not information --
THE COURT: When was the first date or first
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document which shows that the government was considering
a superseding indictment?
MR. FENTON: When were we considering a
superseding indictment?
THE COURT: What document, internal document shows
your earliest point at which the government was
considering a superseding indictment.
MR. FENTON: We did not include any documents to
that effect. If your Honor would like, we could submit
something to the Court in camera. We can go back and
look.
THE COURT: There was testimony; correct?
MR. FENTON: Yes, your Honor.
THE COURT: But I don't recall a specific
timeframe.
MR. FENTON: That's right, your Honor. I can tell
your Honor that in various court filings, the government
has represented, and this is accurate that following the
first indictment, the government was continuing its
investigation focused on adding additional defendants who
were also part of the conspiracy, specifically the four
defendants.
THE COURT: You are going too fast. I missed what
you just said.
MR. FENTON: So, in the first -- so there is a
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document in the record. I apologize, your Honor.
If you look at Government Exhibit 15 which is
the indictment memorandum for the first indictment, we
actually say at the end of that document that part of the
follow-up investigation that we are going to complete is
complete the investigation of other co-conspirators in
preparation for the superseding indictment. So that is
evidence that shows that the government was working
towards a superseding indictment as soon as it got its
initial indictment.
Now, what we established in our opening
submission is that we have already identified the
subjects of that superseding -- the first superseding
indictment before the border stop. And we articulate and
lay out the evidence that shows that we had actually
identified the individuals who we were going to add in
the superseding indictment as well as the companies.
Some of the documentation that we actually
point to are internal records that I prepared for
deconfliction purposes where I would on a given date
which is listed on the document list out the companies
that we were then investigating, and these are the
companies that eventually became the basis of the overt
acts allegations both in the indictment and then later in
the first superseding indictment.
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Fenton declaration Exhibits 7A and 7B contain
the detailed list in August, at the end of August 27th
and in September as well showing that we were already
onto and already had the investigative leads that we were
going to pursue not just with respect to the indictment
but with respect to the first superseding indictment as
well.
So our investigation was substantially
complete by that point, and at the point in time in
February when we first get access to these phones, we are
all but done. We were doing paperwork at that point to
paper up the first superseding indictment, and then we
are getting ready to prepare for trial. And that is what
we were doing at that point.
So when your Honor is evaluating whether or
not access to these phones is harmless --
THE COURT: The first superseding indictment was
returned in March; correct?
MR. FENTON: That's right, your Honor.
THE COURT: So why the lag between the additional
indictment and the first superseding indictment?
MR. FENTON: In large part, it was due to the fact
that the grand jury had been suspended.
THE COURT: Because of Covid?
MR. FENTON: Because of Covid-19. And, once the
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grand jury was reinstated, certain cases would obtain
priority, and we had to get in line which we did. And we
moved quickly to try to obtain the first superseding
indictment as soon as practical. And I think that we did
that, but the entire time we were completing our
investigation. So by the time we get to these phones in
February, March, April, we have already done the work.
We have been done with some of that work for
months and we are preparing the paperwork, and none of
the evidence as your Honor sees from the documents we
submitted in camera, none of that evidence, none of those
allegations, none of the evidence presented to the grand
jury is from these phones. It is completely independent.
THE COURT: When did the Court first set a trial
date in this case? With regard to the additional
indictment, correct, what date was that trial date? Was
it the trial date we actually had?
MR. FENTON: I don't have a specific recollection.
I believe it was in December 20th or thereabouts.
MR. SILVERMAN: Your Honor, the first trial date
was January 4th, I believe. And, I'm sorry,
January 12th, then May 4th, then June 15th.
THE COURT: And when was it continued to May 4th?
MR. SILVERMAN: It was continued to May 4th
shortly before the January 12th date. I don't remember
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that, but I remember we moved for discovery when it was
still January 12th, and we moved for discovery on
approximately December 7th or so. So it would have been
mid to late December unless the government thinks that
sounds wrong.
MR. FENTON: So, your Honor, at the point where we
get access to these phones, the investigation is
substantially complete. And, at that point, we are doing
the paperwork for the first superseding indictment. We
are preparing for trial. That is what we are doing at
that point.
The question becomes, yes, we had access to
these phones, though the testimony, the credible
testimony has established that only three members of the
government team ever accessed these phones, the
Cellebrite reports, and all three encountered significant
technical difficulties that made it very frustrating to
actually work with these phones.
So the amount of time that was spent on the
phones was extremely limited and, because of the
competing demands, our attention was elsewhere. Yes, we
wanted to get this evidence from the phones if it was
possible. But at the same time, we had other things that
we had to do and, quite frankly, your Honor, we had a
mountain of evidence. There was never a doubt in the
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government's mind that we had more than enough in part
because of the physical possession of the credit cards,
in part because the bank records so clearly demarcated
the trail between the stolen PPP funds and the mansion
that the defendants purchased for themselves.
All the property that they bought with the
stolen money and brought to their houses that we seized
on November 5th. We had all of that evidence at the
point where we looked at these phones in February. So
the phones were not that much of a consideration to us.
If we could get access to them, great, they probably
would have been very good evidence. But, if we didn't,
so be it.
So, at that point, the question to determine I
think whether or not it is harmless is not -- we didn't
use it for the grand jury. We didn't use it to file a
complaint. We didn't use it to obtain a search warrant
at that point in time in February, March or April. The
only way this evidence could have been harmful at that
point is if we used it to pursue investigative leads but
the investigation was basically done or if we used it at
trial.
And the government demonstrates beyond a
reasonable doubt, with a preponderance, by at least a
preponderance that we did not use this evidence at trial.
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There is two components: Number one, witnesses. We
identify, in our submissions, the specific evidence that
we use to identify our witnesses and as your Honor may
recall, we had about 23 witnesses, 16 of those 23
witnesses or thereabouts were either state or federal
employees or contractors.
So we didn't determine, we didn't identify
them as a result of the investigation. We identified
them because they worked for a state agency or a federal
agency, or they were a contractor like Marylee Robinson
who we hired.
The remaining seven witnesses, we go through
in our submission and we point to the specific
information that we use to identify those individuals,
and, in most instances, we identify them as a result of
loan files that we obtained early in the investigation or
bank records or escrow records because the escrow records
are so critical here because the houses play such an
important role in this investigation.
Amira Halum, we identify her as a result of
the escrow records. Same thing they talk about Mary
Sambatyan, a witness who was never called, we identify
her as a result of the escrow records. We talked about
Olaf Lansgaard, a witness who could not be called because
he is deceased.
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The escrow records were key. We had them even
before the border stop, and that is how we identified a
large number of these witnesses. The rest were victims
who we identified through loan applications who they
never submitted but their names were stolen and used.
The other way that this information could have
been used for trial evidence is as exhibits, and it is
not. And Exhibit 34 explains piece of evidence by piece
of evidence how we obtained it. Most of the evidence or
a lot of the evidence was obtained from the --
MR. SILVERMAN: Your Honor, that is the exhibit
that has not been turned over to the defense that is now
being argued about.
THE COURT: What exhibit is that?
MR. SILVERMAN: 34 I believe.
MR. FENTON: Your Honor, it is Exhibit 34, and it
was submitted to the court in camera.
THE COURT: What is it? Refresh my memory.
MR. FENTON: So it is a copy of the trial exhibit
list which the defendants have received, but this
particular version contains the dates that we requested
the information that ultimately yielded the exhibit.
THE COURT: Can I see that exhibit?
MR. FENTON: Yes, your Honor.
Though I will admit that the print is a little
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small.
THE COURT: That is all right.
MR. FRASER: Your Honor, both defendants object to
the fact that this hasn't been provided to them.
THE COURT: Just one moment.
All these dates precede February 11th?
MR. FENTON: Almost all of them do, your Honor,
and the few that don't, if you look at them, they tie
back to things that are just not related to the phones,
but we wanted to --
THE COURT: And who prepared this document?
MR. FENTON: So this was prepared by Annamelda
Paul who is the law clerk who worked with our team
through trial.
(Recess from 4:46 to 5:05.)
THE COURT: Okay. Mr. Fenton, you were in your
argument.
As I said, this was sort of the opportunity
for highlights. So do you have any more highlights?
MR. FENTON: I just have a few, your Honor. I
promise I will wrap up if you give me five more minutes,
and I will conclude.
THE COURT: I want to give Mr. Ram a chance to
respond because I did give Mr. Littrell a chance.
MR. FENTON: Understood, your Honor.
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THE COURT: Go ahead.
MR. FENTON: So where we left off, we were talking
about whether or not the phones were harmless, and I
believe the government's submissions which were
substantial demonstrate beyond a reasonable doubt that
any information that would have been viewed on the
Cellebrite reports from February, March and April are
harmless. And the reason why is because that information
could only have been used for trial evidence at that
point. And it was not used for trial evidence as
demonstrated by the trial evidence.
And Exhibit 34 and what we submitted and that
evidence all ties back to information that was prior to
that time, prior to the time when there were -- when
those phones were looked at.
But Mr. Ram -- and this is a critical point
that I want to address and the final point that I want to
address. Mr. Ram makes the argument that Government
Exhibit 10 is somehow the fruits of something that was
tainted.
THE COURT: Exhibit 10 was the text exchange
between Tamara Dadyan and Richard Ayvazyan.
MR. FENTON: That's correct, your Honor.
THE COURT: The Rich New text exchange.
MR. FENTON: That's correct, your Honor.
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Government Exhibit 10 was taken from a phone that
belonged to Tamara Dadyan that was seized on November 5th
pursuant to a valid search warrant that your Honor deemed
had probable cause even if you were to remove all the
evidence of the --
THE COURT: I know that.
MR. FENTON: That is where that phone cams from.
That is the source.
I submitted an affidavit that explained how we
selected that phone and then also explained what we did
once we selected that phone. And, as an initial matter,
we would have selected a phone from each of the
defendants no matter what because we wanted to filter it
and review it for evidence for use at trial, and the two
defendants who we wanted phones for were Tamara Dadyan
and Artur Ayvazian.
And when I went through that process and I
explained it in detail in my affidavit, I actually told
the filter team there were two phones that belonged to
Tamara Dadyan. I told them to prioritize one.
THE COURT: When you say -- you are arguing and
you should refer to what your testimony was and not
something you are saying now because you can't wear two
hats.
MR. FENTON: I understand, your Honor. So I am
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referring to my -- the second Fenton declaration where I
lay out in detail how I came to choose to prioritize one
phone over the other. And what actually happened, and
this is articulated in the sworn declaration is I chose
the wrong phone, and the filter team --
THE COURT: I know. That you chose phone 30 and
the right one was 21.
MR. FENTON: That's correct, your Honor, which
shows that the decisions that I made with respect to what
trial evidence to use at trial was not the result of any
sort of mirror image. It is not the result of any sort
of matching, and it demonstrates that this was harmless.
THE COURT: I understand your argument.
Let me give Mr. Ram a chance to respond.
MR. RAM: Thank you, your Honor.
Your Honor, we do have one big credibility
issue, and that is this notion of the investigation was
substantially completed when we arrested them in Miami,
or that, now, it was substantially completed in February
when we got the Cellebrites. That does not comport with
the realities of this case at all. From day one, and
your Honor has this all in the docket, the government --
and, frankly, the government hasn't been ready for trial
and it asked for continuances three times, three times.
And if you look at when they say our
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investigation was substantially complete which by the way
came up for the first time in the reply brief to Kastigar
in Mr. Fenton's second declaration that the investigation
was substantially complete, here is why that cannot be
true. It cannot be true.
If you look at interviews which are the bread
and butter of prosecutions. It is interviews of
potential witnesses, interviews of people to develop
other evidence. And that is at Kastigar Exhibit 30.
This is just the defense's summary of MOIs and 302s and
other interview reports that were received from the
government.
We know that there are more interviews, but,
if you just look at the ones produced in written form,
here is the facts. Can't be disputed. In 2020 which
includes October, 2020, there were less than 15
subpoenas, less than 15 interviews in this entire case.
From June to December. And, again, this is based on
written interviews that were produced to the defense.
Then, compare that 15 to 2021, and we have
only had six months of 2021 so far. There is more than a
hundred interviews done, 110. And I have just asked my
associate to do a quick count, and he told me that after
the Cellebrite -- after February, the Cellebrite drop in
February, more than half of those interviews occurred,
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more than half of the total interviews. So rough math,
that is more than 50 interviews that are happening, at
least, the ones that are documented.
THE COURT: That means that 50 happened before.
MR. RAM: Before the February Cellebrites. But
only 14 in 2020 at the time of the Miami arrest. Depends
which version if you look at their briefs, their
investigation was completed in October of 2020. It
wasn't.
And the interviews are one piece of that
evidence. If you look at the subpoenas in this case, we
don't have the subpoena log. You do, your Honor. That
wasn't produced to us. You are going to see the majority
of the subpoenas or a substantial number of the subpoenas
we suspect were issued in 2021 after the Miami stop. We
also know from the references in discovery that we do
have that there were subpoenas issued as late as April of
2020 for this trial.
And, next, look at the search warrant
evidence. Any prosecutor who is prosecuting a case knows
that search warrant evidence can be critical because it
reveals, for example, digital devices, domicile and
control. Right. Things that are critical to
investigations. We know for a fact putting aside the
Miami phones that none, none of the 50-plus digital
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devices that the government seized in this case from
however many search warrant locations were processed and
ready for the government to review until May of 2021.
May.
And if you recall, your Honor --
THE COURT: I know that also. I mean, that is not
new information.
MR. RAM: Okay. But it is directly contrary to
the claim that the investigation was substantially
completed, and that is the three big picture points
there, your Honor.
Second, the government has talked about, now,
we have talked about Exhibit 34 again. We haven't seen
it, but we understand that it catalogs the trial exhibits
and shows an independent source for those exhibits.
THE COURT: It shows a subpoena.
MR. RAM: Okay. Okay. And the big picture here
is that is not how it works. We know from the trial
evidence here, the hearing evidence, your Honor, that the
government reverse engineered their trial exhibits after
the Kastigar violation was pointed out to them. So, in
May, and we heard this from the stand. It is in some of
the declarations. It is undisputed fact.
In May of 2021, the government which has been
exposed to Kastigar taint since October 20th, since
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November 13th, 65 photos, since February 2nd, 141 photos,
and since February, March Cellebrites, they have been
exposed to taint and were building an investigation. And
you heard about some of the two dozen uses and some of
the indirect uses that the government didn't point out to
you.
And we know there is more, and the point is
the government can't prove that they didn't build their
case. They didn't follow up on leads. They didn't focus
their investigation. They can't prove that they didn't
rely on the Cellebrites or the 206 photos from the phones
or the oral information provided by CBP. They simply
cannot do that, meet their standard here.
And that is the big picture point, and they
are reverse engineering of trial exhibits doesn't wipe
away taint. They still learned information they can
never forget, particularly Agent Palmerton and
Mr. Fenton, who reviewed the Cellebrites and the rest of
the team, I think everyone as Mr. Littrell said reviewed
the 141 photos and knew what CBP conveyed orally. All of
them did.
It is impossible to not use that information
in interpreting evidence. We pointed out some examples
though the cross-examination, and I know your Honor
doesn't like this one. But one of them is we argued
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there was multiple conspiracies, and the key to the
multiple conspiracies argument, frankly, was the Canoga
apartment. Right. The fact that Manuk Grigoryan
controlled indepently the Canoga apartment.
What the government had on tainted evidence
the entire time was evidence that suggests, and I concede
it, but suggests that Mr. Ayvazyan was, in fact,
controlling Canoga apartment.
THE COURT: One moment.
Okay.
MR. RAM: And they made arguments to the Court
against the multiple conspiracies and schemes knowing of
that evidence from day one. Okay. And the big picture
point here is you can't reverse engineer just from policy
and common sense if you are exposed to tainted evidence,
you build a case based on tainted evidence, and then you
filter out the taint for clean evidence at trial, that
doesn't meet the Kastigar burden. That is why non
evidentiary use, pretrial strategy, all of that matters.
THE COURT: I get the argument.
MR. RAM: And the final point here is the
government cited some case law to your Honor. There is a
fundamental misunderstanding of Kastigar standards that
the government has advanced to this Court in their
briefing. The primary focus is on the Crowson case in
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the Ninth Circuit. It is a 1987 decision. And the issue
in that case, it is not analogous to this case in any
way. It was about the authentication of some documents.
It is more of the line of cases your Honor
sees where there is cannon done and then active
production immunities issued, and then there is ancillary
grand jury testimony about the authentication of
documents. That is what Crowson is in line with. The
government is comparing the taint in this case to a case
that was essentially completed, was entirely completed
the investigation but they were authenticating documents.
That is not this case. This case is Hampton, Eleventh
Circuit, Martinez, Tenth Circuit, and, by the way, I
missed one cite. Mapelli, I think is very important to
this court because you have heard.
THE COURT: What is that?
MR. RAM: Mapelli. It is a Ninth Circuit case as
well. The reason I point that out here is I cited to the
government's admission, frankly, that they reverse
engineered evidence for trial. Right. Mapelli has an
interesting line or quote in there, and they say
Mrs. Mapelli testified. The government didn't
cross-examine her. It was a tax case, your Honor, tax
and fraud case in the Ninth Circuit. And the Ninth
Circuit suggested the fact that the government didn't
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cross-examine Mrs. Mapelli was because they had tainted
evidence in their minds, and it would have been revealed
to the jury had they cross-examined her.
So in the Ninth Circuit's terms that was a
trial strategy, pretrial strategy decision not to
cross-examine Mrs. Mapelli. So the government's own
confession of its reverse engineering of trial exhibits
so they could hand you Exhibit 34, whatever it says, that
doesn't -- that is Kastigar violation in and of itself.
THE COURT: You know, we have got to wrap this up.
I have -- I think I have your main points.
MR. RAM: Okay, your Honor. And we are happy to
submit a post trial, a post hearing briefing.
THE COURT: Thank you.
MR. RAM: Thanks.
THE COURT: I want Fenton to just comment briefly,
and I mean briefly, in a minute or less, well, maybe more
than a minute, the number of interviews that argument,
and their timing, and that would be it.
MR. FENTON: Yes, your Honor. The number of
interviews that the government conducted in the lead up
to trial is a direct result of the fact that we were
leading up to trial and preparing for trial as Mr. Ram
had asked the court to do to chose the first available
trial date. We prepared for trial.
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And as the pandemic started to subside and
people were able to begin to travel and do some more
face-to-face interviews and whatnot, we took advantage of
that and started to do those things. That was the
purpose, and that is what you see when you look at what
we were doing there. We were revving up for trial, to
get ready to try the case. And that is what we did.
And the suggestion that the government was
somehow not ready is, as we have stated in our briefs, a
fictionalized account. Everything that we were doing at
that point was to get ready to try this case which we
did.
THE COURT: All right. The minute is up. Okay.
The matter will stand submitted, and I will
try to get through this as efficiently as I can. It may
take a little while, but I will get through it.
MR. LITTRELL: Your Honor, with that in mind, I
would just reiterate our request to continue sentencing
so that we are not all getting ready for sentencing while
we are preparing for this ruling to come out. I just
request a short continuance about November or December.
THE COURT: I will put it off by -- put the
sentencings off till beginning of October, Paul.
THE CLERK: Yes, your Honor.
(Proceedings concluded.)
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CERTIFICATE
I hereby certify that pursuant to Section 753, Title 28,
United States Code, the foregoing is a true and correct
transcript of the stenographically reported proceedings held
in the above-entitled matter and that the transcript page
format is in conformance with the regulations of the
Judicial Conference of the United States.
Date: August 1, 2021
/s/ Katie Thibodeaux, CSR No. 9858, RPR, CRR
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Case 2:20-cr-00579-SVW Document 813 Filed 08/03/21 Page 224 of 254 Page ID
#:14204
MR. CIPOLLETTI: [2] 5/10
144/1
MR. FENTON: [70] 165/15
167/1 167/10 167/24 168/2
168/5 168/8 168/13 168/21
168/25 169/3 169/5 170/14
171/11 174/15 174/20 175/8
175/17 175/25 176/2 177/5
177/14 179/13 179/21 180/1
180/4 180/14 181/1 182/3
182/6 182/17 183/5 183/9
186/23 187/1 187/10 198/5
199/7 199/12 200/1 200/6
200/8 201/6 201/12 202/2
202/6 203/2 203/7 203/12
203/15 203/24 205/18 205/21
205/24 206/17 207/5 210/15
210/18 210/23 211/6 211/11
211/19 211/24 212/1 212/22
212/24 213/6 213/24 214/7
221/19
MR. FRASER: [16] 47/13
47/15 47/18 48/3 53/7 54/24
55/2 55/5 55/9 58/24 60/16
60/18 60/25 66/17 67/1 211/2
MR. KEOUGH: [27] 93/9 104/3
124/22 140/8 140/12 140/22
141/11 142/2 142/5 142/12
142/22 143/25 144/11 144/19
144/25 145/10 146/6 146/9
148/9 148/16 148/20 148/24
149/11 149/14 149/19 152/8
155/24
MR. LITTRELL: [20] 88/12
91/3 93/6 104/5 124/19 156/1
157/13 157/18 169/11 169/14
170/2 184/2 184/6 184/17
184/21 184/25 185/14 185/18
187/16 222/16
MR. O'DONNELL: [24] 11/1
18/19 19/8 26/13 40/18 48/10
48/15 52/4 58/17 60/23 66/5
99/11 103/25 127/4 128/19
130/18 141/19 141/22 142/15
142/20 143/8 143/18 144/4
152/4
MR. RAM: [34] 5/14 15/11
15/15 15/18 18/20 19/12
34/21 35/5 35/8 35/11 40/9
40/12 44/6 44/10 44/14 45/4
47/5 157/4 188/1 191/3 191/9
199/6 199/10 199/18 199/22
214/14 216/4 217/7 217/16
219/10 219/20 220/16 221/11
221/14
MR. SILVERMAN: [22] 67/4
71/9 76/12 79/14 79/22 86/6
86/13 86/24 87/5 88/11 104/8
104/17 113/13 115/1 118/3
122/15 122/20 124/17 206/19
206/23 210/10 210/14
MS. WESTFAHL KONG: [9] 86/2
89/7 90/23 109/7 113/14
117/25 123/8 123/21 141/9
RIGHT1: [2] 166/22 168/18
THE CLERK: [7] 5/16 67/6
93/13 104/10 125/1 156/4
222/23
THE COURT: [225]
THE DEFENDANT: [2] 104/15
128/21
THE WITNESS: [34] 5/18 11/4
12/15 19/24 26/15 48/18
52/22 52/25 55/11 55/17 60/3
60/7 60/10 64/7 64/9 67/3
67/8 77/10 84/3 89/9 93/15
99/15 104/13 109/12 118/4
123/10 123/25 125/4 129/24
141/4 143/2 149/4 150/8
150/12
$
$3.25 [1] 179/7
$3.25 million [1] 179/7
-
-4 [1] 184/21
-5 [1] 184/21
-and [5] 2/5 2/6 2/6 2/7 2/9
/
/s [1] 224/12
0
04 [1] 30/21
1
10 [20] 35/20 35/24 73/13
79/7 79/10 79/15 97/15
121/25 194/19 196/7 196/7
196/11 196/14 196/18 196/19
197/12 197/24 212/19 212/21
213/1
100 [1] 46/4
100 percent [1] 167/21
104 [1] 4/10
10:00 a.m [9] 47/22 48/10
125/12 125/23 126/6 127/14
129/4 131/17 132/7
10:00 p.m [1] 176/5
10:03 [1] 5/2
10:59 p.m [1] 171/3
10th [4] 72/19 72/21 72/23
73/1
11 [1] 96/23
110 [1] 215/22
115 [2] 180/6 180/16
119 [1] 35/14
11:48 [1] 79/20
11th [9] 26/17 72/24 76/6
110/10 110/13 188/22 200/16
202/20 211/6
12 [1] 197/8
125 [2] 4/11 114/7
12:23 a.m [1] 173/3
12:30 [1] 176/8
12:45 [1] 79/20
12th [5] 188/22 202/20
206/22 206/25 207/2
13 [2] 94/7 114/8
1330 [1] 2/22
134B [1] 21/8
13th [16] 15/21 18/16 19/17
80/22 81/7 82/18 82/24 83/8
85/15 88/23 89/12 89/19
97/11 132/19 188/20 218/1
14 [1] 216/6
140 [1] 21/7
1400 [1] 2/11
141 [15] 21/4 21/7 22/23
59/25 60/6 105/9 107/14
107/17 108/22 109/7 159/6
188/20 189/13 218/1 218/20
143 [1] 4/15
15 [8] 7/20 7/22 79/15 181/9
204/2 215/16 215/17 215/20
15th [2] 67/18 206/22
16 [4] 102/11 153/1 153/4
209/4
16th [3] 11/11 13/7 57/2
17 [4] 189/4 189/5 189/20
193/3
1834 [1] 56/4
19 [3] 29/7 29/21 205/25
1900 [1] 2/17
1987 [2] 198/12 220/1
19th [21] 12/23 14/3 14/16
49/3 49/8 54/21 54/23 57/4
166/5 171/15 178/20 180/4
180/5 181/25 183/14 187/5
188/22 200/16 202/11 202/20
202/20
1:00 [2] 79/19 176/8
1:53 [1] 124/25
1B123 [12] 27/6 30/12 31/20
32/15 33/1 69/11 69/13 69/14
69/23 153/6 153/7 154/8
1B124 [3] 155/9 155/11
155/14
1B125 [1] 155/18
1B126 [3] 27/9 154/8 154/11
1B21 [11] 32/9 33/16 69/21
69/21 70/20 70/21 71/7 73/3
74/3 76/20 76/24
1B4 [2] 154/19 155/3
1B85 [4] 75/19 75/21 75/22
76/4
1st [1] 1/21
2
20 [3] 187/1 195/10 195/20
20-579 [1] 1/8
2001 [1] 81/20
20036 [1] 2/23
2012 [4] 56/24 158/4 172/10
183/23
2019 [6] 74/1 147/7 147/9
147/12 147/13 148/6
2020 [31] 10/12 10/13 13/7
13/22 14/3 23/12 23/20 46/16
46/18 49/3 49/9 53/5 57/2
74/1 75/24 88/19 94/10
103/19 106/17 114/9 132/19
157/21 158/10 181/9 182/14
201/17 215/15 215/16 216/6
216/8 216/18
2021 [34] 1/16 5/1 21/3 25/7
26/1 30/8 37/19 38/4 39/11
41/25 42/1 67/16 67/20 88/19
105/1 110/10 113/11 114/3
115/5 133/7 133/10 133/13
133/15 136/12 136/15 137/18
151/13 159/7 215/20 215/21
216/15 217/3 217/24 224/10
20530 [1] 2/12
206 [1] 218/11
20th [15] 14/16 23/20 49/3
49/8 157/20 158/9 164/6
166/5 171/15 173/4 187/5
188/16 194/10 206/19 217/25
21 [4] 18/24 39/7 142/11
214/7
21st [2] 18/13 19/14
22 [1] 39/7
22nd [7] 6/21 6/24 7/6 10/9
167/16 168/17 169/21
23 [6] 7/20 7/22 17/13 173/3
209/4 209/4
23A [2] 17/11 17/12
23rd [6] 25/7 147/9 147/13
148/6 167/19 168/18
24 [1] 7/21
24th [14] 13/22 26/1 26/21
41/15 41/25 106/23 106/25
107/14 108/20 111/7 111/8
111/17 111/22 111/23
25 [1] 41/24
25th [2] 106/25 200/17
26 [12] 37/25 38/12 38/16
39/17 43/13 44/20 119/9
136/23 142/11 142/12 193/15
200/16
26.15-26-59 [1] 30/21
26th [2] 45/23 200/16
Case 2:20-cr-00579-SVW Document 813 Filed 08/03/21 Page 225 of 254 Page ID
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27 [6] 38/24 39/7 39/11
44/25 119/9 137/2
27th [16] 26/1 26/21 38/16
38/19 38/25 41/25 45/15
45/23 135/23 136/2 136/6
136/12 136/15 142/6 197/18
205/2
28 [6] 106/14 189/5 189/12
189/20 193/3 224/4
29 [3] 1/16 5/1 20/14
299 [1] 121/25
2:09 [1] 124/25
2:53 [1] 156/5
2:57 [1] 157/11
2LA [1] 30/11
2nd [9] 21/3 59/25 60/6
60/16 121/18 147/12 159/7
188/20 218/1
3
30 [3] 138/11 214/6 215/9
302 [5] 12/23 12/25 13/10
14/16 14/19
302s [1] 215/10
30th [1] 182/14
31 [3] 117/21 117/25 192/15
312 [1] 2/7
32 [2] 106/15 138/23
329 [1] 178/7
338 [2] 80/10 89/13
34 [11] 199/11 199/13 199/23
199/25 200/4 210/8 210/15
210/16 212/12 217/13 221/8
350 [2] 1/21 3/5
37 [1] 146/17
37A [2] 146/17 147/10
3900 [1] 2/20
391 [1] 33/2
3:25 [1] 157/11
4
4,911 [1] 31/22
40 [1] 197/22
400,000 [1] 190/2
4170 [3] 32/13 69/22 71/8
4311 [1] 1/21
4363847301 [1] 145/6
45 [2] 171/2 172/25
46A [1] 18/3
47 [2] 4/5 18/3
474 [1] 34/4
48 [2] 102/5 102/13
4910 [2] 22/25 55/23
4:46 [1] 211/15
4th [5] 200/11 206/21 206/22
206/23 206/24
5
50 [3] 197/23 216/2 216/4
50-plus [1] 216/25
5533 [2] 32/6 33/15
561 [1] 34/16
579 [1] 1/8
59 [1] 30/21
5:05 [1] 211/15
5th [14] 2/16 3/8 19/4 23/1
118/12 118/16 119/2 200/15
200/17 200/22 200/25 201/23
208/8 213/2
6
60 [1] 18/7
601 [1] 3/8
6150 [1] 65/21
63 [4] 168/4 169/4 172/14
184/21
633 [1] 2/16
64 [2] 168/4 169/3
65 [33] 11/8 17/9 17/14 19/8
20/21 97/9 98/22 101/11
102/8 107/8 132/17 134/5
136/12 137/4 138/13 138/24
146/4 146/11 146/16 146/18
149/8 149/11 149/14 151/1
151/4 168/4 169/4 172/25
184/19 188/15 188/19 194/20
218/1
65A [1] 20/9
66A [1] 18/7
67 [1] 4/6
7
70 [1] 20/9
720 [1] 3/8
74203 [1] 65/17
753 [1] 224/4
7:42 p.m [1] 170/18
7A [1] 205/1
7B [1] 205/1
7th [9] 39/10 67/16 80/1
81/20 82/18 88/23 89/15
181/16 207/3
8
83 [1] 138/2
88 [1] 4/7
8th [4] 94/10 95/14 96/22
202/21
9
90012 [2] 1/22 2/8
90071 [2] 2/17 3/9
903 [1] 3/5
918 [6] 32/19 32/22 46/4
190/15 197/19 197/20
92673 [1] 3/6
93 [1] 4/8
940s [1] 116/6
941 [1] 73/24
94105 [1] 2/20
9858 [2] 1/20 224/12
9:30 [1] 176/5
9th [6] 42/24 43/3 43/5
104/25 105/25 109/13
A
A-H-N [1] 67/10
a.m [12] 5/2 47/22 48/10
79/20 125/12 125/23 126/6
127/14 129/4 131/17 132/7
173/3
able [5] 78/19 94/3 139/25
160/20 222/2
about [165]
above [2] 39/13 224/7
above-entitled [1] 224/7
Absolutely [1] 107/4
abstract [1] 198/14
accept [3] 58/24 163/22
163/24
accepting [1] 66/11
access [25] 24/9 25/11 36/18
41/17 46/20 70/25 91/24
92/17 111/15 116/20 117/2
136/16 185/20 189/7 190/3
190/8 190/14 192/17 194/11
202/19 205/10 205/16 207/7
207/12 208/11
accessed [4] 92/23 111/2
189/2 207/15
accesses [1] 47/2
accessing [1] 42/1
accident [1] 195/12
according [1] 196/8
account [18] 8/19 8/20 8/23
55/20 55/20 55/22 55/22
109/22 110/2 116/9 154/20
157/25 171/14 179/10 181/3
182/10 182/24 222/10
accounts [5] 10/1 157/23
171/23 179/6 183/20
accurate [10] 9/25 29/12
32/23 98/18 105/19 109/2
110/12 113/10 167/22 203/18
accurately [2] 121/24 135/16
acknowledge [6] 160/4 162/13
164/14 184/12 185/7 186/10
acknowledged [2] 151/18
186/5
acknowledges [1] 186/20
across [1] 189/9
actions [1] 154/7
active [1] 220/5
actively [3] 40/15 41/5
42/13
activities [2] 112/7 112/9
activity [3] 7/3 80/25 196/1
acts [1] 204/24
actual [11] 8/8 32/15 74/16
77/21 143/12 143/17 159/4
193/11 193/15 193/17 193/18
actually [41] 8/5 8/15 13/9
13/20 14/10 17/18 18/2 20/8
28/25 31/15 32/16 33/20
38/18 58/8 70/23 77/22 78/3
82/11 86/14 89/10 99/2 99/4
100/15 102/12 106/19 129/9
134/9 147/11 161/14 184/18
185/16 186/8 193/24 195/7
204/4 204/15 204/18 206/17
207/18 213/18 214/3
add [3] 120/24 135/7 204/16
added [1] 161/4
adding [1] 203/20
addition [4] 56/21 68/20
83/22 177/15
additional [15] 46/19 68/23
74/2 108/4 112/4 116/4 120/5
166/11 167/7 176/10 176/12
179/23 203/20 205/20 206/15
address [14] 19/21 20/19
54/14 61/14 62/25 65/13
65/13 65/16 65/22 159/19
181/18 194/17 212/17 212/18
addressed [1] 17/24
addresses [1] 9/20
adequately [1] 157/8
admission [1] 220/19
admit [2] 186/8 210/25
admitted [5] 159/10 163/3
163/4 189/22 193/21
admonition [1] 157/16
adopted [2] 66/24 192/24
advance [1] 187/6
advanced [1] 219/24
advantage [1] 222/3
advise [1] 95/3
advocate [1] 164/19
advocates [2] 163/18 164/22
affect [1] 185/21
affected [2] 160/12 161/18
affidavit [5] 15/14 142/2
142/10 213/9 213/18
afraid [1] 176/19
after [45] 8/9 11/8 11/15
11/18 11/22 13/18 14/1 18/15
22/6 22/18 22/22 24/14 24/21
29/24 41/15 42/20 42/22 54/1
54/24 56/9 66/2 80/21 80/22
81/6 82/18 85/14 89/20 95/7
96/23 97/2 103/18 124/4
152/20 158/9 160/19 161/2
162/9 162/9 166/2 173/3
176/13 215/23 215/24 216/15
Case 2:20-cr-00579-SVW Document 813 Filed 08/03/21 Page 226 of 254 Page ID
#:14206
A
after... [1] 217/20
afternoon [9] 79/24 79/25
93/21 93/22 104/23 104/24
125/10 125/11 168/10
again [28] 9/23 20/24 26/23
32/13 41/22 46/6 54/4 78/9
78/12 92/4 92/10 92/15
101/10 106/23 107/2 110/10
138/14 149/6 161/15 162/11
176/22 180/14 181/1 187/19
187/23 195/24 215/18 217/13
against [13] 51/8 51/10 58/3
86/16 86/20 87/3 88/9 120/4
161/5 162/4 164/13 198/11
219/12
agency [4] 94/15 95/24 209/9
209/10
agent [106] 5/24 12/14 13/4
15/13 15/24 15/25 24/2 34/19
36/20 36/21 39/4 47/10 47/15
47/16 47/20 50/25 51/1 51/2
51/3 57/19 59/1 60/21 60/21
70/6 70/19 70/20 70/23 72/13
73/2 74/2 74/21 78/7 78/18
78/23 79/12 93/11 93/21 94/8
97/3 97/10 100/17 100/22
103/1 107/9 114/22 114/23
116/1 116/21 116/21 116/22
116/23 116/24 116/25 124/23
125/10 126/1 126/2 126/2
130/13 132/14 132/18 133/14
134/7 137/3 138/14 139/16
145/2 145/13 146/1 146/5
148/11 149/8 149/9 151/20
153/24 168/23 170/17 170/17
174/1 175/10 177/9 181/9
185/12 185/15 186/11 187/2
187/3 188/16 190/4 190/12
190/12 194/5 194/20 196/15
196/17 196/19 196/20 196/21
197/4 197/13 197/18 200/22
201/8 201/13 201/21 218/17
agent's [1] 134/17
agents [25] 12/25 24/12 68/5
72/9 95/22 112/6 112/13
112/14 112/19 112/20 113/1
114/17 114/21 114/24 115/23
116/18 116/18 116/21 118/16
125/18 143/11 143/16 143/21
171/5 200/19
aggravated [1] 161/5
aggressive [1] 164/22
ago [4] 45/25 129/24 129/25
130/3
agree [25] 10/17 10/18 10/25
25/21 54/17 66/5 86/19 88/9
93/23 94/1 94/2 96/23 98/9
99/7 133/2 134/5 139/8
139/14 140/6 147/23 148/22
154/11 188/4 188/8 196/10
agreed [1] 87/16
ahead [13] 18/1 18/13 102/25
109/14 113/22 123/10 125/20
137/5 137/11 191/9 200/8
202/6 212/1
AHN [20] 2/6 4/6 36/22 67/5
67/9 67/14 71/12 79/22 79/24
86/19 88/18 93/9 126/3
131/16 131/25 132/3 162/14
196/8 196/18 197/15
Ahn's [1] 71/10
airport [5] 14/6 55/1 58/10
66/20 66/25
al [1] 1/9
Alden [1] 84/4
alerts [1] 57/10
alias [8] 7/9 9/2 9/6 9/8
9/12 117/17 174/16 181/6
aliases [1] 199/2
alive [2] 150/3 150/10
all [86] 8/10 10/2 13/15
15/13 15/20 16/4 16/9 16/18
18/12 25/2 28/6 30/17 31/10
34/17 35/1 35/3 46/4 46/4
49/5 51/9 66/10 72/25 73/2
78/1 93/8 94/25 95/22 99/11
100/5 100/10 107/11 111/20
115/11 124/13 124/21 125/20
125/21 130/6 130/7 137/16
139/8 150/7 152/8 153/1
153/14 161/13 162/14 163/3
163/4 163/14 164/7 166/10
172/7 174/2 176/25 177/4
177/14 184/8 185/5 186/23
187/10 187/16 187/21 192/25
197/21 198/5 198/14 200/10
200/10 202/6 202/16 205/11
207/16 208/6 208/8 211/2
211/6 211/7 212/13 213/4
214/21 214/22 218/20 219/19
222/13 222/19
allegation [2] 106/15 175/21
allegations [3] 166/14
204/24 206/12
alleged [3] 87/20 88/5
106/10
ALLISON [2] 2/5 125/25
allow [5] 48/18 123/24 167/7
169/9 176/17
allowed [1] 160/23
almost [3] 72/25 73/23 211/7
alone [1] 192/1
along [5] 47/3 87/16 163/12
183/22 199/17
already [18] 71/2 87/6 90/15
92/20 106/21 140/21 143/24
156/7 160/21 164/17 196/23
196/24 202/16 202/17 204/12
205/3 205/4 206/7
also [41] 17/15 25/1 27/15
49/14 50/12 52/3 56/14 65/21
72/4 75/10 83/14 84/6 84/15
94/2 110/6 121/1 133/5
137/24 139/9 141/25 142/24
146/12 147/16 153/11 159/15
159/16 161/2 161/7 177/16
181/16 183/20 183/21 185/10
186/22 195/4 198/13 198/23
203/21 213/10 216/16 217/6
alter [1] 10/21
Although [1] 84/7
always [2] 178/24 190/19
am [49] 25/9 31/6 61/3 66/8
66/11 66/12 66/17 68/11
68/16 68/19 71/12 73/17
77/23 78/9 81/6 81/23 83/10
84/21 86/5 92/5 94/8 96/10
107/5 117/21 117/25 126/18
132/4 135/20 136/7 142/8
143/22 144/8 153/21 153/21
156/21 157/8 166/23 170/13
184/5 185/4 186/6 188/2
188/3 190/21 193/13 200/2
200/2 200/9 213/25
Amanecer [1] 3/5
ambiguity [1] 162/3
America [3] 1/6 2/3 182/10
Amira [1] 209/20
among [6] 117/17 122/6 136/7
137/24 172/21 194/5
amongst [2] 85/23 178/4
amount [1] 207/19
amounts [1] 114/18
analogous [1] 220/2
analysis [4] 81/8 81/8 81/12
81/15
analyst [1] 94/14
analytical [1] 156/21
analyzing [1] 195/15
Anastasia [2] 65/17 147/6
ancillary [1] 220/6
Andre [6] 14/24 105/4 172/17
175/10 195/14 195/15
Andre's [1] 172/18
ANGELES [6] 1/14 1/22 2/8
2/17 3/9 5/1
Annamelda [1] 211/12
Annandale [2] 102/8 102/22
another [13] 5/13 15/24 18/4
20/7 61/24 79/17 86/15 99/1
118/11 134/17 149/18 174/7
186/21
answer [29] 9/17 9/19 12/3
40/22 42/11 50/9 55/11 60/10
68/18 83/11 84/25 85/3 86/10
99/15 99/15 99/16 99/20
100/18 101/16 101/17 113/12
114/11 115/2 123/10 129/18
140/7 141/3 149/1 196/15
answered [3] 11/2 49/18
162/18
answers [4] 44/16 128/8
185/3 185/8
Anton [2] 120/23 154/20
any [91] 6/20 9/21 13/10
14/14 16/11 16/24 24/24
32/22 37/3 37/3 39/3 45/13
46/13 46/19 46/20 47/1 47/3
47/24 48/12 55/8 55/16 55/17
65/16 66/15 68/21 69/4 69/10
69/17 70/17 75/20 76/2 80/11
82/1 83/8 83/19 84/24 85/18
87/12 89/1 91/15 93/23 101/6
101/23 102/2 106/2 111/1
112/15 115/9 115/13 124/11
127/25 128/9 128/12 129/13
131/10 131/13 132/2 132/6
132/11 136/14 144/10 153/19
155/7 158/22 160/13 160/14
162/2 163/12 163/16 165/9
165/19 165/20 186/16 190/10
191/5 191/19 192/1 192/20
192/20 193/6 194/11 196/16
198/3 198/11 203/8 211/19
212/6 214/10 214/11 216/20
220/2
anybody [13] 36/25 83/23
93/5 103/14 111/14 124/7
124/11 128/15 128/18 136/5
155/2 155/22 164/17
anyone [11] 6/5 47/23 48/2
48/5 91/19 91/19 92/24
125/13 128/12 135/6 155/13
anything [20] 11/21 16/12
30/17 47/3 54/7 54/11 77/16
95/23 104/5 124/19 126/14
126/21 130/5 141/7 156/1
158/13 160/11 162/20 163/14
164/11
anyway [1] 90/16
anywhere [1] 196/16
apartment [4] 117/8 219/3
219/4 219/8
apologies [2] 55/6 77/11
apologize [4] 76/18 112/12
145/11 204/1
app [1] 34/25
apparent [1] 62/22
apparently [1] 169/19
appeals [2] 84/4 84/6
appear [4] 61/6 65/14 138/13
161/6
appearances [3] 2/1 3/1 5/12
appeared [3] 8/22 70/10
158/17
Case 2:20-cr-00579-SVW Document 813 Filed 08/03/21 Page 227 of 254 Page ID
#:14207
A
appears [5] 20/15 34/14
102/22 146/19 152/6
appellate [3] 89/24 90/1
90/25
appended [1] 200/6
Apple [1] 61/13
applicable [1] 198/7
applicants [1] 195/21
application [4] 95/21 123/13
123/15 123/19
applications [10] 8/16 8/18
9/22 16/16 34/15 72/3 72/6
78/21 79/2 210/4
applying [1] 181/20
appreciate [3] 76/19 127/16
179/19
appreciation [3] 191/15
191/19 191/23
approach [5] 47/16 141/10
142/21 144/1 156/21
approached [1] 161/7
approaches [1] 187/25
approaching [1] 79/18
approval [1] 198/19
approximately [13] 7/2 15/23
17/7 18/17 45/25 51/4 73/10
73/19 76/5 132/22 132/25
182/15 207/3
approximation [1] 132/23
apps [1] 34/6
April [52] 18/22 22/23 26/1
26/21 37/20 37/21 37/22
37/23 37/25 38/10 38/12
38/16 38/19 38/24 38/25
39/11 39/17 41/25 45/15
45/23 45/23 53/11 69/16
111/7 111/8 111/17 111/22
111/23 121/18 135/23 136/2
136/6 136/12 136/15 136/23
137/2 142/6 147/9 147/13
148/6 191/18 194/4 194/4
194/9 194/10 194/10 197/18
202/21 206/7 208/18 212/7
216/17
April 20th [1] 194/10
April 23rd [3] 147/9 147/13
148/6
April 24th [5] 111/7 111/8
111/17 111/22 111/23
April 26 [5] 37/25 38/12
38/16 39/17 136/23
April 26th [1] 45/23
April 27 [3] 38/24 39/11
137/2
April 27th [14] 26/1 26/21
38/19 38/25 41/25 45/15
45/23 135/23 136/2 136/6
136/12 136/15 142/6 197/18
April 2nd [1] 121/18
April 8th [1] 202/21
Arakelyan [1] 19/20
are [193]
aren't [2] 17/24 44/18
argue [2] 169/8 171/10
argued [10] 57/20 86/15
156/15 156/18 170/13 171/11
184/15 185/8 210/13 218/25
arguing [1] 213/21
argument [21] 52/5 66/6 82/7
157/10 165/14 167/7 169/11
171/19 174/5 174/5 177/5
179/16 179/19 200/1 202/14
211/17 212/18 214/13 219/2
219/20 221/18
argumentative [4] 58/18
99/12 104/2 123/9
arguments [9] 156/9 156/24
160/15 161/21 187/25 197/11
197/13 200/10 219/11
Arkalian [3] 20/8 20/13
20/20
Arman [3] 119/20 120/21
121/6
around [21] 39/22 40/17 41/7
42/9 72/21 75/10 86/1 87/8
88/4 88/21 88/24 89/15
108/25 110/9 111/24 123/8
132/18 161/14 171/14 176/5
176/8
arrest [13] 6/25 13/1 26/17
42/20 171/17 171/21 172/4
173/7 175/8 176/4 184/1
192/21 216/6
arrested [1] 214/18
arresting [1] 176/18
arrests [1] 172/22
arrival [2] 14/5 54/25
arrived [1] 11/15
articulate [3] 172/21 173/5
204/14
articulated [1] 214/4
articulation [1] 198/6
Artur [3] 134/12 134/14
213/16
as [178]
Ashwin [1] 2/15
aside [7] 9/23 10/1 46/22
179/3 186/1 189/10 216/24
ask [33] 22/8 40/23 45/19
48/14 55/4 64/12 68/15 91/19
100/12 101/10 101/25 103/6
108/17 108/20 108/24 115/8
115/13 115/18 115/19 115/21
128/21 130/24 136/10 140/9
145/9 152/6 152/8 152/12
154/14 164/5 187/17 187/18
202/5
asked [51] 7/15 7/23 7/24
8/10 9/9 9/21 10/5 10/8 11/2
11/11 21/14 21/16 22/6 40/21
48/15 49/17 50/1 50/18 60/5
64/5 64/11 71/19 84/23 84/24
87/10 91/22 91/23 91/25 92/3
92/7 92/12 92/18 96/3 96/8
96/10 108/23 112/25 122/2
140/24 152/3 162/16 165/17
172/21 187/5 187/8 187/14
194/16 195/2 214/24 215/22
221/24
asking [17] 8/3 20/15 21/18
21/20 50/7 50/22 55/7 66/19
90/17 101/23 108/3 113/2
115/16 148/8 148/18 152/5
171/4
asks [1] 169/20
assessing [1] 45/9
assign [1] 71/16
assigned [6] 67/16 89/2
104/25 105/3 105/5 109/11
assist [3] 15/24 94/16 94/20
assistance [3] 14/25 96/3
100/9
assistant [9] 150/20 150/22
151/10 151/17 151/25 152/4
152/12 152/14 152/19
associate [1] 215/23
associated [11] 19/1 19/15
20/25 22/24 31/1 62/18 77/15
120/23 154/20 155/10 155/19
associates [2] 182/22 193/12
assumed [2] 57/21 77/13
Assumes [2] 40/19 104/1
Atkinson [1] 172/18
attach [6] 29/1 40/6 43/11
43/17 43/22 46/10
attached [10] 23/7 28/22
29/11 71/12 89/13 98/8
109/23 109/24 110/19 123/15
attachment [1] 101/1
attachments [2] 73/15 74/17
attempt [2] 6/15 144/3
attempting [2] 117/21 162/22
attempts [1] 153/5
attended [1] 82/22
attention [2] 179/24 207/21
attorney [19] 7/17 24/24
24/24 38/1 38/22 68/2 68/4
69/6 76/12 81/11 82/5 87/14
107/22 108/3 108/9 123/18
146/24 147/3 150/11
ATTORNEY'S [2] 2/4 124/6
attorneys [3] 112/21 141/12
144/7
audible [1] 128/5
August [12] 7/3 178/21
200/11 200/13 200/15 200/16
200/16 200/16 200/16 205/2
205/2 224/10
August 26 [1] 200/16
August 26th [1] 200/16
August 4 [1] 200/13
August 4th [1] 200/11
August 5th [1] 200/15
AUSA [21] 2/5 2/5 2/6 2/7
43/14 68/2 71/19 87/14 105/4
110/13 110/18 124/5 126/3
126/3 141/10 143/9 143/20
172/17 173/2 173/6 175/10
AUSA's [1] 105/3
AUSAs [2] 105/5 172/20
authenticating [1] 220/11
authentication [2] 220/3
220/7
author [1] 150/9
authority [1] 172/3
authorization [3] 172/23
173/6 176/6
Auto [2] 43/15 119/18
available [3] 16/18 47/11
221/24
Avenue [3] 2/11 2/22 65/22
average [4] 26/12 26/22
26/23 42/19
avert [1] 16/24
averted [1] 17/3
avoid [1] 52/21
aware [15] 24/25 35/18 47/4
53/9 57/22 81/6 81/23 101/6
101/14 126/18 135/25 136/23
138/5 153/7 198/9
away [7] 86/8 147/13 148/6
150/23 150/24 168/17 218/16
aways [1] 157/17
awful [1] 156/23
Ayvazian [13] 8/14 10/2 23/4
23/12 50/5 82/20 106/11
134/12 134/15 159/15 187/22
201/5 213/16
Ayvazian's [2] 7/17 118/7
Ayvazyan [43] 1/9 2/14 7/9
8/4 8/22 9/2 9/6 9/7 9/15
9/19 10/21 14/5 21/10 22/25
31/13 31/18 56/15 57/11
70/19 77/6 77/14 85/19 85/20
86/12 86/16 87/1 96/16
118/11 131/6 145/22 148/15
148/20 155/19 175/16 178/23
195/24 200/14 200/21 200/24
201/20 201/23 212/22 219/7
Ayvazyan's [11] 10/18 75/22
117/16 120/20 120/22 121/21
122/8 138/2 138/10 145/24
153/11
Case 2:20-cr-00579-SVW Document 813 Filed 08/03/21 Page 228 of 254 Page ID
#:14208
B
B-R-I-A-N [1] 104/17
back [34] 6/12 9/23 19/7
19/10 19/16 21/3 27/15 29/22
35/7 37/4 38/3 42/19 45/15
48/21 79/19 115/19 125/19
138/8 154/5 161/9 170/13
172/10 176/24 177/20 190/16
190/19 190/22 190/25 191/1
191/3 191/7 203/10 211/9
212/13
backdrop [1] 35/11
background [1] 67/23
bad [1] 145/12
bank [22] 8/19 8/23 10/1
55/20 55/22 72/7 110/2 116/7
116/9 137/19 145/6 157/23
157/25 178/25 179/1 179/6
181/3 182/10 182/10 183/20
208/3 209/17
bargain [5] 83/5 83/7 83/24
85/19 161/21
based [31] 31/19 38/11 40/9
59/22 66/24 82/8 87/2 90/22
91/12 97/17 98/14 99/18
99/25 100/9 102/7 115/9
115/14 144/6 151/23 154/6
160/2 161/22 163/2 163/13
171/13 171/17 171/21 185/24
200/25 215/18 219/16
basically [7] 7/18 33/9 50/2
78/1 95/23 150/10 208/21
basics [1] 68/3
basis [4] 70/3 172/21 173/5
204/23
battle [1] 190/6
be [105] 8/22 10/14 11/10
12/3 18/15 20/15 26/23 33/11
40/9 44/20 45/8 48/1 48/1
48/17 53/25 55/4 57/3 58/2
58/4 59/2 59/22 61/6 64/3
65/14 68/4 68/9 68/16 70/2
70/10 70/13 71/20 72/9 75/9
76/18 76/22 76/23 77/5 77/13
78/19 79/5 80/6 82/13 87/7
87/10 89/11 91/17 92/5 92/21
95/9 96/16 99/16 99/23 99/24
104/11 118/18 120/14 121/22
125/2 128/5 128/6 130/6
135/12 139/25 140/1 140/6
140/10 142/24 143/14 144/18
144/19 146/20 150/11 152/6
156/20 158/17 162/3 163/24
164/8 165/3 165/25 166/10
166/19 167/5 169/15 173/8
176/24 185/1 186/21 187/5
187/18 187/24 188/3 190/17
192/5 193/8 193/15 194/4
202/14 208/13 209/24 215/4
215/5 215/15 216/21 221/19
bearing [1] 181/11
became [1] 204/23
because [73] 11/21 16/11
24/11 35/15 36/6 39/25 41/10
44/2 52/22 57/20 59/1 70/10
72/23 73/14 75/6 78/3 78/20
81/7 82/12 83/17 86/12 87/22
88/4 92/3 92/15 98/22 111/18
119/12 134/16 144/21 153/2
160/21 165/10 168/24 170/12
171/20 172/22 175/11 178/3
181/2 184/4 184/11 186/2
188/18 189/15 189/21 190/17
191/8 191/14 191/25 193/3
194/17 195/5 195/21 195/23
195/25 202/8 205/24 205/25
207/20 208/2 208/3 209/9
209/17 209/18 209/24 211/24
212/8 213/13 213/23 216/21
220/15 221/1
become [1] 53/9
becomes [3] 51/25 123/24
207/12
becoming [1] 79/7
been [67] 9/24 16/25 36/20
37/16 37/21 39/10 39/15 40/3
42/22 46/7 51/1 56/22 64/13
68/24 69/4 69/11 69/18 70/19
70/22 71/2 72/25 74/8 78/15
81/17 81/20 82/7 86/9 88/3
88/22 89/1 90/8 90/15 94/6
97/5 108/5 109/3 112/14
115/5 118/11 118/14 118/20
118/23 118/24 124/9 129/13
133/17 134/19 135/25 136/24
145/3 165/10 167/24 178/24
205/23 206/8 207/3 208/12
208/19 210/7 210/12 211/4
212/6 212/9 214/23 217/24
218/2 221/2
before [46] 6/7 6/19 13/9
20/24 30/7 30/11 33/21 42/24
43/3 52/8 52/12 52/15 54/1
54/24 55/2 55/15 55/25 56/15
66/20 68/7 70/17 95/2 110/3
114/6 131/13 150/21 150/24
158/13 159/8 166/10 168/25
178/14 182/18 185/12 185/19
187/15 197/5 197/6 197/9
198/22 201/1 204/14 206/25
210/2 216/4 216/5
began [2] 72/19 176/6
begin [2] 50/17 222/2
beginning [5] 114/3 163/7
163/8 163/21 222/23
begs [1] 169/21
begun [1] 76/20
behalf [2] 2/3 87/20
being [23] 61/4 75/20 83/20
84/9 84/22 84/24 85/16 88/3
89/17 91/23 91/23 94/3
117/17 179/6 180/11 181/25
182/1 183/15 183/19 183/21
191/18 193/6 210/13
belabor [2] 194/8 196/12
belief [1] 87/3
believe [65] 7/17 11/18
14/18 16/3 17/25 20/4 23/9
30/10 31/25 32/10 32/12
45/16 46/15 54/19 58/11
59/21 60/8 62/7 62/18 64/13
64/14 71/20 80/3 86/19 87/6
90/3 90/19 96/2 97/14 98/25
100/20 101/3 101/16 101/24
102/3 103/9 103/9 106/14
108/14 109/2 109/3 109/23
109/23 109/24 110/3 110/21
110/25 111/22 112/14 117/13
118/19 118/25 119/3 124/23
134/8 141/13 147/9 150/24
175/4 175/19 194/3 206/19
206/21 210/15 212/4
believed [2] 97/23 166/9
belonged [3] 181/13 213/2
213/19
belonging [3] 121/2 121/20
173/11
below [1] 33/22
Benson [1] 124/4
beside [1] 136/6
besides [4] 85/23 115/22
116/1 136/12
best [10] 8/11 26/4 31/25
107/11 107/24 108/14 111/3
163/1 168/2 178/6
better [5] 83/25 122/17
165/15 175/4 177/23
between [35] 9/12 9/22 21/9
23/4 25/1 26/1 30/25 31/11
69/10 69/17 69/22 70/18 71/1
71/5 73/23 74/8 74/11 74/14
75/6 77/5 77/13 78/2 82/19
108/11 160/22 163/25 174/22
178/22 180/2 186/4 197/9
199/1 205/20 208/4 212/22
beyond [8] 141/1 156/17
166/5 193/10 193/11 193/21
208/23 212/5
Bhat [2] 173/1 173/1
Bienert [2] 3/4 3/7
big [9] 22/5 23/11 93/23
197/24 214/16 217/10 217/17
218/14 219/13
biggest [2] 194/17 196/5
binder [3] 111/6 111/9
111/10
Bird [1] 198/19
birth [1] 65/13
blow [6] 32/4 33/21 39/7
137/15 151/16 152/25
blurred [1] 180/12
board [1] 189/10
bogged [1] 95/8
bond [1] 170/22
Bonnie [1] 161/11
bookended [1] 61/8
border [7] 96/24 105/10
166/10 182/19 201/2 204/14
210/2
borders [1] 57/9
bore [1] 140/17
borrower [1] 174/18
both [12] 77/4 116/7 161/19
172/16 175/1 175/2 175/16
176/14 183/2 188/9 204/24
211/3
bottom [10] 8/9 29/17 76/15
96/6 100/2 102/18 122/1
135/2 153/10 153/10
bought [1] 208/6
boy [1] 71/11
Bradford [5] 21/9 21/19
21/22 21/24 23/5
Bram [1] 84/4
bread [1] 215/6
break [4] 128/15 128/19
129/2 189/4
BRIAN [5] 4/9 36/22 84/5
104/17 172/17
brief [7] 41/13 184/3 198/24
199/9 200/6 200/6 215/2
briefing [5] 156/18 157/6
162/6 219/25 221/13
briefly [11] 70/1 89/14
156/10 156/10 169/10 182/8
184/2 184/7 186/24 221/16
221/17
briefs [6] 156/8 156/23
157/7 177/21 216/7 222/9
bring [5] 102/4 105/20
106/19 117/24 164/20
broached [1] 83/5
broad [4] 48/1 54/13 68/16
73/25
brought [3] 15/24 124/3
208/7
build [6] 51/7 51/17 178/16
198/11 218/8 219/16
building [1] 218/3
built [1] 202/9
bullet [4] 156/11 157/16
188/1 195/19
bunch [1] 129/1
burden [14] 160/9 161/24
161/25 162/7 162/10 162/11
162/13 189/6 189/22 193/2
Case 2:20-cr-00579-SVW Document 813 Filed 08/03/21 Page 229 of 254 Page ID
#:14209
B
burden... [4] 193/7 197/3
198/2 219/18
business [1] 95/24
businesses [1] 63/16
busy [2] 42/4 79/2
butter [1] 215/7
buy [3] 174/9 179/6 183/22
buys [1] 179/7
Byraya [4] 98/25 98/25 100/2
100/3
C
C-A-T-H-E-R-I-N-E [1] 67/9
C-L-A-R-K [1] 125/6
C8924483 [3] 121/3 145/23
145/24
CA [7] 1/22 2/8 2/17 2/20
3/6 3/9 147/12
Caicos [1] 14/6
CALIFORNIA [9] 1/2 1/14 5/1
120/21 121/3 124/6 145/22
145/25 176/8
California's [1] 138/1
call [27] 50/4 50/6 67/5
79/1 82/9 82/19 82/22 83/1
83/1 83/4 88/23 89/12 89/19
92/14 93/8 93/10 104/8 104/9
107/22 107/25 108/3 108/9
151/18 152/12 152/12 152/14
158/24
Calle [5] 3/5 56/4 147/5
180/8 181/7
called [4] 102/8 142/25
209/22 209/24
calling [3] 9/24 65/14 82/12
calls [9] 13/14 82/24 83/8
83/14 84/14 84/17 109/8
129/1 177/1
came [15] 43/24 62/15 65/3
82/1 85/14 99/11 100/6 100/7
100/16 108/21 131/14 158/14
158/15 214/2 215/2
camera [14] 166/18 166/22
167/23 168/2 168/4 168/5
168/7 168/12 177/9 182/21
189/14 203/10 206/11 210/17
cams [1] 213/7
can [105] 9/17 15/7 15/8
15/11 18/12 20/8 23/10 27/19
27/23 27/23 27/24 29/6 29/23
30/6 30/19 31/5 32/4 33/12
33/21 35/22 39/7 40/21 44/11
44/13 47/25 51/7 51/18 60/2
71/10 73/17 73/22 77/3 77/23
82/10 84/19 91/18 94/9 94/13
94/21 99/14 99/15 100/22
102/18 102/18 102/25 107/3
112/8 113/14 113/24 116/13
117/24 122/1 122/8 123/10
128/21 129/18 130/22 134/9
134/18 134/20 135/7 137/12
137/15 137/15 138/23 139/24
140/11 141/5 141/14 144/18
145/8 145/18 146/17 147/10
149/1 151/16 152/6 153/4
154/17 162/23 164/13 165/4
165/14 169/1 169/13 173/6
182/5 182/8 183/8 185/23
188/6 188/9 189/4 189/17
191/25 192/1 192/8 198/3
202/8 203/10 203/16 210/23
216/21 218/16 222/15
can't [28] 12/14 41/18 64/4
64/5 72/21 73/15 81/5 92/5
112/15 114/4 119/1 119/5
130/10 141/20 144/24 155/22
162/7 165/4 180/12 185/20
189/3 191/2 192/3 213/23
215/15 218/8 218/10 219/14
candid [1] 159/24
cannon [1] 220/5
cannot [8] 162/10 193/1
193/2 193/7 198/1 215/4
215/5 218/13
Canoga [5] 65/21 117/7 219/2
219/4 219/8
car [1] 181/14
card [21] 16/16 58/8 58/9
58/16 59/6 59/9 59/17 67/1
161/3 172/6 172/14 173/22
174/7 174/12 174/23 175/6
175/15 176/17 177/19 179/20
183/13
cards [14] 12/2 12/8 49/21
50/6 50/21 59/7 145/20 173/9
173/16 175/17 176/21 177/23
178/9 208/2
carefully [1] 159/11
CART [5] 23/21 24/3 24/8
24/11 24/14
CART's [1] 23/24
case [147]
cases [8] 51/5 51/6 163/11
177/17 191/21 198/7 206/1
220/4
cash [1] 64/14
catalogs [1] 217/14
catch [2] 89/15 89/16
categories [3] 71/17 71/20
193/25
category [1] 71/22
CATHERINE [8] 2/6 4/6 36/22
67/5 67/9 126/3 131/16
162/14
Cathy [1] 84/7
cause [10] 51/10 171/17
172/4 172/9 172/22 173/6
173/7 176/4 184/1 213/4
CBD [5] 21/12 22/11 22/12
23/15 23/16
CBD.com [2] 21/16 22/14
CBP [55] 8/24 11/12 11/16
11/22 12/6 12/11 12/18 12/23
13/11 13/15 13/16 14/3 14/11
14/15 15/2 21/4 22/23 49/2
49/15 49/20 50/4 58/14 59/25
61/4 63/8 63/25 66/19 107/6
107/15 107/17 108/7 108/16
108/22 109/7 109/15 110/6
110/14 110/20 111/2 111/8
111/19 111/20 115/22 116/1
123/4 138/3 145/19 158/15
158/24 159/6 167/19 171/23
188/17 218/12 218/20
CBP's [2] 49/21 56/11
CD [3] 29/1 29/10 29/23
Cecilia [1] 151/18
cell [15] 62/5 75/11 75/16
84/25 85/1 85/6 90/8 90/10
103/2 107/7 118/11 118/14
120/23 133/3 186/6
Cellebrite [41] 22/24 25/5
25/21 27/2 27/20 32/15 34/19
36/10 39/21 41/17 41/22 42/1
42/21 47/2 70/11 70/11 74/24
75/1 75/2 103/2 103/12
103/14 103/17 103/21 103/24
109/6 153/5 153/15 154/21
154/25 155/3 155/11 155/20
155/23 191/10 202/13 202/15
207/16 212/7 215/24 215/24
Cellebrites [32] 23/19 25/13
25/15 26/2 26/25 27/1 27/1
38/3 40/18 41/9 41/14 42/9
42/24 43/3 43/4 103/7 109/1
154/17 188/22 189/2 189/21
189/24 191/17 192/8 192/11
193/4 194/11 214/20 216/5
218/2 218/11 218/18
Celtic [2] 137/19 145/6
CENTRAL [2] 1/2 176/7
certain [6] 34/20 71/17
110/14 181/11 181/11 206/1
certainly [4] 58/5 66/11
66/15 170/5
certainty [1] 112/16
CERTIFICATE [1] 224/1
certify [1] 224/4
cetera [2] 73/15 81/10
chain [8] 23/4 23/7 46/22
46/23 77/25 78/1 195/12
195/13
chains [1] 195/1
challenge [5] 163/10 171/7
171/13 177/12 184/14
challenged [2] 166/16 185/2
challenges [3] 165/21 184/15
185/6
challenging [1] 167/17
chance [5] 169/17 184/18
211/23 211/24 214/14
change [2] 68/19 200/19
changed [2] 201/14 201/22
characterize [1] 107/16
charge [1] 161/4
charged [2] 72/6 166/10
charges [1] 120/4
chat [3] 28/2 28/4 32/1
check [6] 11/16 11/19 109/17
109/19 109/21 182/23
chief [1] 84/4
choose [1] 214/2
chose [3] 214/4 214/6 221/24
Chris [2] 125/24 160/5
Christopher [3] 2/10 36/21
161/13
chronological [1] 170/16
chronology [2] 166/4 200/3
Cipoletti [1] 125/25
Cipolletti [2] 48/22 129/5
Circuit [10] 192/24 192/25
198/12 198/19 220/1 220/13
220/13 220/17 220/24 220/25
Circuit's [2] 198/23 221/4
circumstances [1] 44/10
cite [2] 198/23 220/14
cited [5] 191/21 198/19
199/24 219/22 220/18
cites [1] 89/13
claim [4] 177/12 189/8
189/14 217/9
claimed [1] 186/11
claiming [2] 177/22 178/2
claims [2] 163/15 163/15
clamoring [1] 192/16
clarify [11] 19/13 35/22
36/4 47/25 60/2 70/21 91/18
101/21 107/3 119/12 201/3
clarifying [1] 68/12
CLARK [25] 4/11 36/21 37/13
37/16 114/23 116/21 116/23
116/25 124/23 125/5 125/10
132/14 133/14 137/13 145/2
145/13 146/1 148/11 149/8
151/20 194/5 200/22 201/8
201/14 201/21
clean [1] 219/17
cleaned [1] 177/3
clear [19] 41/5 43/23 44/20
51/25 76/22 92/22 99/19
108/1 120/18 128/5 128/7
130/6 156/25 161/17 161/22
163/11 169/15 180/13 193/15
clearer [1] 55/5
clearly [7] 64/5 103/10
Case 2:20-cr-00579-SVW Document 813 Filed 08/03/21 Page 230 of 254 Page ID
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C
clearly... [5] 122/20 151/17
158/1 192/25 208/3
Clemente [1] 3/6
clerk [1] 211/13
click [2] 30/20 31/7
client [2] 9/12 9/15
clients [1] 9/22
closely [1] 147/10
closing [1] 160/15
clue [1] 162/12
Clyde [1] 161/11
co [2] 144/13 204/6
co-conspirators [1] 204/6
co-counsel [1] 144/13
Code [1] 224/5
coincidence [1] 167/17
collar [1] 51/6
colleague [2] 170/1 172/17
collecting [2] 51/16 51/17
Collision [2] 43/16 119/18
column [2] 113/18 113/24
combined [3] 100/8 111/19
111/20
come [15] 27/15 44/2 79/19
80/15 81/2 100/15 100/19
100/21 145/9 152/17 190/16
190/19 196/5 202/15 222/20
comes [1] 202/12
coming [2] 100/13 122/20
comment [4] 75/25 76/1
170/12 221/16
comments [2] 194/6 195/19
commit [2] 172/11 183/24
common [3] 164/18 191/12
219/15
communicate [1] 24/3
communicating [1] 159/14
communication [3] 49/7 50/10
50/12
communications [11] 15/2
25/1 34/20 37/3 43/10 48/13
49/12 82/2 160/21 172/19
172/19
companies [3] 204/17 204/21
204/23
company [6] 8/21 95/20 95/21
102/8 106/8 108/6
compare [2] 143/17 215/20
comparing [1] 220/9
compartmentalize [2] 197/6
197/16
compelled [1] 53/3
compelling [1] 158/12
competing [1] 207/21
compiled [4] 116/15 116/16
117/1 168/11
compiling [1] 116/19
complaint [14] 13/17 13/17
14/18 14/21 15/14 59/23
175/12 175/16 175/19 175/23
175/24 176/7 176/13 208/17
complainted [1] 202/16
complaints [3] 175/8 175/9
175/12
complete [7] 202/10 204/5
204/6 205/9 207/8 215/1
215/4
completed [8] 147/16 178/19
214/18 214/19 216/8 217/10
220/10 220/10
completely [4] 143/19 191/10
198/7 206/13
completing [1] 206/5
components [1] 209/1
comport [1] 214/20
computer [4] 7/25 8/10 8/16
144/3
computers [1] 8/5
concede [2] 192/13 219/6
conceded [1] 188/13
concern [2] 50/23 95/10
concerned [3] 82/13 170/21
176/20
conclude [2] 183/8 211/22
concluded [2] 90/23 222/25
conclusion [2] 90/3 91/5
concrete [2] 84/8 84/12
conducted [6] 25/12 97/25
114/5 151/8 181/10 221/21
conducting [3] 96/18 113/2
173/17
confer [2] 144/13 144/15
Conference [1] 224/9
confession [1] 221/7
confident [1] 185/11
confidently [1] 185/24
confirm [3] 7/11 7/18 192/23
confirmed [2] 7/8 159/23
confirming [1] 66/13
conformance [1] 224/8
confused [1] 20/4
confusing [1] 76/16
confusion [1] 38/5
connect [1] 144/3
connected [3] 19/7 19/10
95/9
Connecticut [1] 2/22
connection [12] 9/1 9/5 9/12
55/9 96/15 97/16 110/18
110/21 123/11 148/19 166/1
196/9
connections [4] 9/17 9/21
95/11 178/22
consider [5] 58/21 80/6
156/16 182/5 187/18
consideration [1] 208/10
considered [1] 91/17
considering [3] 203/1 203/3
203/7
consistent [1] 187/12
conspiracies [3] 219/1 219/2
219/12
conspiracy [5] 72/5 72/7
172/9 179/15 203/21
conspirators [1] 204/6
conspiring [1] 183/24
constitution [1] 52/3
Construction [11] 94/24
119/20 119/21 121/5 137/9
137/19 138/5 139/5 139/17
143/4 145/6
Cont'd [1] 3/1
contact [11] 19/20 19/23
20/2 20/18 20/19 65/3 71/8
75/3 75/7 151/20 152/4
contain [3] 25/15 70/10
205/1
contained [7] 29/15 43/15
69/21 73/25 85/6 117/4
189/25
containing [3] 30/4 120/21
120/23
contains [2] 178/3 210/21
contend [1] 165/23
content [2] 14/14 70/4
contents [11] 10/19 15/2
29/10 59/15 59/19 75/25 76/1
84/16 161/18 161/22 198/9
contest [1] 186/15
context [3] 7/13 7/14 85/14
continuance [1] 222/21
continuances [1] 214/24
continue [6] 51/13 86/11
88/7 122/16 169/11 222/18
continued [2] 206/23 206/24
continuing [1] 203/19
contraband [1] 173/9
Contracting [1] 145/21
contractor [1] 209/10
contractors [1] 209/6
contrary [2] 186/11 217/8
contributing [1] 82/8
control [2] 117/16 216/23
controlled [5] 10/21 158/7
158/21 158/23 219/4
controlling [4] 158/18 159/1
160/1 219/8
conversation [25] 31/21
45/22 49/24 50/15 50/16 71/1
72/24 73/23 74/4 74/8 74/11
74/14 75/8 78/12 78/13 79/11
79/12 84/10 87/13 88/8 92/2
118/25 124/15 129/10 187/3
conversations [12] 13/11
14/15 36/2 37/15 74/3 81/15
82/11 84/11 90/12 108/18
108/21 136/7
conveyed [3] 158/15 188/17
218/20
convicted [1] 56/22
conviction [4] 56/24 158/3
164/12 183/23
copies [7] 24/1 24/17 24/18
24/22 25/4 25/4 140/16
copy [19] 40/10 44/7 47/10
47/15 118/2 140/2 140/9
140/10 141/17 142/17 142/18
142/24 144/4 144/21 167/19
169/1 169/2 175/18 210/19
copying [1] 170/18
correct [214]
correctly [2] 9/3 117/25
correspondence [3] 113/5
113/6 172/16
corroborate [3] 92/19 168/15
168/16
corroborated [1] 186/10
corroborates [2] 173/25
177/10
corroborating [1] 165/25
could [50] 44/1 46/7 58/2
59/16 64/3 70/2 70/9 70/13
71/11 76/13 92/25 93/1 98/6
98/7 101/9 101/21 105/20
106/19 109/3 111/14 115/25
119/9 121/25 130/17 133/25
135/22 135/23 138/8 138/10
141/10 144/12 144/21 150/5
150/6 152/4 152/24 152/25
152/25 154/5 161/9 176/17
184/4 186/24 203/9 208/11
208/19 209/24 210/6 212/9
221/8
couldn't [6] 16/8 26/7 34/10
38/2 38/10 154/23
counsel [19] 2/1 82/19 83/2
83/4 83/4 86/2 87/9 87/10
87/18 87/25 88/6 107/23
108/3 108/10 124/3 124/4
124/8 144/13 144/15
count [2] 163/13 215/23
counts [1] 106/14
couple [9] 43/11 97/20 98/20
123/24 144/25 159/3 160/16
184/11 187/8
coupled [2] 172/6 183/23
course [7] 34/12 49/18 52/15
54/15 63/23 114/18 193/12
court [42] 1/1 1/20 4/15
27/19 30/6 35/20 47/14 69/24
142/18 145/13 156/8 156/16
163/2 163/20 165/5 165/6
165/11 165/17 166/17 166/25
167/3 167/20 167/21 168/15
177/8 178/14 184/13 184/16
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court... [14] 185/1 186/7
186/19 187/17 187/19 188/9
203/10 203/17 206/14 210/17
219/11 219/24 220/15 221/24
court's [9] 6/18 34/24 45/6
53/17 64/17 143/23 145/3
157/15 168/10
courtroom [1] 131/14
cover [4] 23/15 25/22 142/3
194/6
covered [1] 56/18
Covid [3] 23/12 205/24
205/25
Covid-19 [1] 205/25
CR [1] 1/8
Crawson [2] 198/12 198/20
create [2] 39/19 79/9
created [6] 38/7 39/17 81/24
111/22 190/13 196/19
credibility [20] 48/17
165/18 165/20 165/22 165/25
166/16 167/17 171/7 174/3
174/5 177/7 178/11 184/9
184/10 184/15 185/9 186/2
190/5 190/6 214/16
credible [7] 162/25 163/18
163/22 184/16 186/1 186/13
207/13
credit [29] 12/2 12/8 16/16
49/21 50/5 50/21 58/8 59/6
67/1 161/3 172/5 172/13
173/9 173/16 173/22 174/7
174/12 174/23 175/5 175/14
175/17 176/17 176/21 177/19
177/23 178/9 179/20 183/13
208/2
crime [1] 199/3
criminal [7] 114/22 175/7
175/11 175/12 175/16 175/23
175/24
criteria [1] 74/25
critical [7] 60/17 179/4
189/21 209/18 212/16 216/21
216/23
critically [1] 188/21
criticism [1] 187/23
cross [24] 4/4 4/5 4/6 4/7
4/8 4/10 4/11 5/22 47/8
67/12 82/15 88/16 93/19
104/21 125/8 165/20 185/5
185/21 194/7 218/24 220/23
221/1 221/3 221/6
cross-examination [18] 4/4
4/5 4/6 4/7 4/8 4/10 4/11
5/22 47/8 67/12 82/15 88/16
93/19 104/21 125/8 185/5
194/7 218/24
cross-examine [4] 185/21
220/23 221/1 221/6
cross-examined [1] 221/3
Crowson [3] 202/8 219/25
220/8
CRR [1] 224/12
crunch [1] 197/5
crystal [1] 161/17
crystallize [1] 89/18
CSR [2] 1/20 224/12
cumulative [4] 58/19 66/14
164/16 186/9
cursory [1] 118/17
custody [2] 46/22 46/23
custom [1] 58/24
Customs [1] 105/10
D
Dadyan [36] 19/1 19/15 21/1
29/4 31/1 31/12 32/11 33/15
34/1 39/12 45/2 69/11 69/18
70/18 71/7 75/6 77/5 77/13
86/2 86/9 86/20 86/22 87/9
87/25 88/10 136/18 136/19
196/21 196/23 197/10 197/19
197/21 212/22 213/2 213/15
213/20
Dadyan's [1] 69/20
data [1] 25/20
database [1] 95/11
date [28] 13/7 13/22 30/11
37/25 38/12 38/12 39/24
60/12 60/15 65/12 96/5
100/11 111/21 114/25 115/3
143/6 143/6 168/7 202/25
204/20 206/15 206/16 206/16
206/17 206/20 206/25 221/25
224/10
dates [6] 30/9 38/17 109/4
114/3 210/21 211/6
day [14] 1/15 5/8 6/25 38/18
40/1 50/1 50/3 50/20 71/14
175/3 199/5 199/6 214/21
219/13
days [3] 96/23 160/17 162/8
DC [2] 2/12 2/23
dead [5] 147/25 150/3 150/15
150/16 151/5
deal [1] 197/24
deals [1] 191/5
death [2] 148/13 148/22
debate [4] 165/9 174/22
186/4 199/14
debit [2] 58/9 145/19
Debois [5] 133/8 133/9
133/14 133/23 134/1
deceased [3] 167/14 170/24
209/25
December [7] 18/22 106/17
206/19 207/3 207/4 215/18
222/21
December 20th [1] 206/19
December 7th [1] 207/3
decide [3] 163/2 163/2 165/7
decided [2] 85/17 162/19
deciding [1] 86/24
decision [12] 82/9 86/6
86/25 171/16 172/3 176/4
186/18 192/21 192/21 198/23
220/1 221/5
decisions [2] 161/19 214/9
decisive [1] 165/7
decisively [1] 159/2
declaration [95] 6/1 6/10
6/20 7/4 13/3 16/15 17/12
17/24 23/8 28/22 29/8 29/11
38/6 39/2 39/8 39/21 40/6
40/9 41/10 41/20 41/24 43/9
43/12 43/18 45/1 45/11 45/17
46/10 47/11 53/14 53/16
53/24 54/8 54/20 56/6 60/14
60/23 60/25 71/13 76/9 80/23
97/15 98/20 99/2 101/1 103/1
105/11 105/20 107/10 107/13
107/17 107/19 109/25 110/12
110/19 110/23 114/12 117/9
117/22 117/24 118/2 118/10
119/6 123/14 124/13 132/14
133/1 133/5 137/6 137/11
137/13 137/14 140/14 140/20
152/24 153/2 154/6 154/16
166/1 192/6 196/9 196/16
197/17 199/17 199/18 199/19
199/22 199/24 200/23 201/25
202/4 205/1 214/1 214/4
215/3
declarations [9] 39/4 45/13
69/25 163/3 178/18 192/4
193/19 199/9 217/23
declined [1] 85/22
deconfliction [1] 204/20
deemed [2] 167/16 213/3
deemphasized [1] 180/19
deeply [1] 81/11
default [1] 165/10
defend [1] 185/23
defendant [12] 1/9 2/14 3/3
65/8 119/19 119/20 122/8
131/6 131/8 148/12 175/15
187/22
defendant's [1] 156/23
defendants [26] 72/2 72/4
85/7 97/6 108/12 112/5 120/5
133/3 133/19 157/13 177/17
177/21 178/12 178/22 198/11
199/1 201/11 201/21 202/4
203/20 203/22 208/5 210/20
211/3 213/13 213/15
defendants' [1] 200/20
defense [20] 15/7 15/10
24/18 82/13 82/19 83/2 83/4
83/4 114/2 114/8 140/1
142/24 157/5 162/4 165/8
167/6 179/17 192/18 210/12
215/19
defense's [1] 215/10
defensive [1] 163/21
Define [1] 52/13
Definitely [1] 72/22
definitively [1] 171/6
deleted [2] 16/11 16/20
delve [1] 95/3
demands [1] 207/21
demarcated [1] 208/3
demeanor [1] 184/12
demonstrate [1] 212/5
demonstrated [1] 212/11
demonstrates [3] 167/20
208/23 214/12
demonstrating [1] 201/4
demonstrative [1] 182/8
denial [2] 59/16 163/12
denials [1] 163/10
denied [5] 58/12 58/22 58/24
59/1 59/9
Denver [1] 95/23
DEPARTMENT [2] 2/4 2/11
Depends [1] 216/6
depicted [1] 146/18
deposited [1] 8/19
derivative [4] 91/15 91/18
162/9 162/9
derived [3] 103/10 194/23
198/17
describe [6] 7/3 80/23
100/13 112/8 127/16 141/7
described [7] 29/18 30/24
106/8 107/13 107/19 110/14
110/25
describes [2] 133/22 153/5
describing [2] 50/10 80/5
description [2] 113/19 193/6
descriptions [1] 113/19
designated [1] 201/10
designation [1] 202/2
destroy [1] 176/25
detail [9] 43/1 70/4 166/3
172/15 198/24 199/5 200/10
213/18 214/2
detailed [3] 16/15 200/3
205/2
details [1] 13/9
detect [1] 57/7
detention [6] 6/21 6/24 7/7
7/13 7/16 170/22
determine [7] 90/13 92/13
160/20 170/22 200/13 208/14
209/7
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determined [2] 97/24 152/18
determining [1] 91/17
develop [7] 92/1 92/8 162/24
163/12 163/16 165/19 215/8
developed [3] 156/13 166/6
167/5
device [2] 9/1 30/13
devices [14] 23/25 24/7
24/10 25/4 25/6 25/16 27/3
27/13 87/23 117/18 118/8
118/9 216/22 217/1
dictate [1] 167/5
did [237]
didn't [86] 14/19 16/9 16/11
21/15 22/12 28/8 28/12 28/16
41/11 41/15 42/14 45/1 45/7
45/13 46/10 48/14 70/3 70/11
70/12 75/4 75/7 76/18 77/7
77/9 77/19 78/12 79/3 81/14
86/11 89/10 89/11 89/15
89/18 91/9 91/9 92/2 92/17
97/16 100/4 103/7 103/24
112/22 115/8 115/13 121/14
126/13 126/20 127/24 128/23
130/5 150/15 150/16 150/17
154/1 154/24 155/6 162/20
163/12 163/16 164/10 165/11
170/12 188/6 189/20 189/23
190/9 190/11 192/2 192/12
192/19 194/10 195/14 198/4
208/12 208/15 208/16 208/17
209/7 209/7 218/5 218/8
218/9 218/9 218/10 220/22
220/25
die [3] 169/21 170/7 171/1
died [6] 147/7 150/18 151/2
151/3 151/6 169/22
different [30] 22/18 27/22
29/19 92/11 92/15 100/6
100/7 100/12 100/16 103/6
121/1 121/2 130/25 136/10
138/1 139/18 139/21 140/18
140/25 143/19 144/9 145/22
146/2 156/14 156/16 164/9
164/22 165/2 178/1 197/13
difficult [1] 101/8
difficulties [1] 207/17
digest [1] 70/4
digital [14] 8/25 23/24 24/7
25/4 25/6 25/16 30/13 87/23
174/24 177/20 177/23 178/1
216/22 216/25
direct [5] 6/15 117/14 161/1
179/23 221/22
directed [1] 116/17
directing [1] 8/22
direction [2] 144/7 158/1
directions [1] 68/19
directly [4] 81/14 129/10
179/1 217/8
disagree [1] 189/9
disaster [2] 62/19 100/8
disclaimed [1] 58/16
disclosed [1] 197/16
disclosing [1] 195/11
discouraged [1] 82/12
discovered [2] 97/5 167/13
discovery [8] 24/2 24/19
80/4 113/4 113/6 207/1 207/2
216/16
discrete [2] 184/14 185/23
discuss [40] 36/24 37/8 49/2
50/21 60/9 83/12 83/13 103/2
112/17 124/11 126/5 126/8
126/10 126/12 126/14 126/20
126/23 126/25 127/7 127/10
127/13 127/20 127/25 128/3
128/9 128/23 129/5 129/8
129/11 129/13 129/22 130/3
131/25 132/2 132/8 132/11
161/8 162/6 162/15 190/25
discussed [32] 13/16 37/11
50/7 59/24 60/5 83/7 83/15
83/20 84/9 84/16 101/10
103/7 103/13 108/2 112/24
124/16 127/1 127/4 127/15
127/22 128/12 129/4 129/17
129/19 130/10 130/14 130/15
131/1 131/3 132/7 142/19
146/12
discussing [5] 50/19 112/20
126/21 131/17 199/16
discussion [14] 75/17 80/21
82/4 85/9 85/14 85/15 87/12
87/21 91/15 91/24 92/11
92/16 103/16 164/7
discussions [12] 13/18 81/7
84/13 85/18 85/22 85/25 86/2
86/9 86/18 89/23 92/24 130/7
disk [3] 70/7 70/15 70/15
dismissing [1] 193/9
disprove [1] 59/2
dispute [2] 61/2 188/14
disputed [2] 57/16 215/15
disqualified [1] 124/4
disregard [2] 187/19 187/21
distancing [1] 178/2
distant [1] 181/23
distilled [1] 197/22
distinct [1] 128/8
distinctly [1] 35/1
distinguishing [1] 100/1
distracts [2] 190/22 190/25
district [8] 1/1 1/2 1/4
124/6 172/20 173/2 173/7
176/8
DIVISION [1] 1/2
DL [1] 145/24
DMV [1] 145/25
do [161]
docket [2] 121/25 214/22
docs [1] 72/9
document [24] 15/1 54/20
102/14 102/15 111/19 133/20
141/17 143/8 143/20 145/3
145/13 145/17 146/3 167/23
169/9 189/7 190/10 203/1
203/5 203/5 204/1 204/4
204/21 211/11
documentation [1] 204/18
documented [2] 188/18 216/3
documenting [3] 14/8 14/10
17/20
documents [20] 20/13 68/14
72/12 72/15 72/20 108/4
135/15 138/17 150/11 167/6
167/12 167/12 167/12 168/20
168/22 203/8 206/10 220/3
220/8 220/11
does [22] 6/23 24/24 26/5
27/19 31/24 54/20 62/24
71/16 102/9 113/18 141/9
143/5 143/6 143/17 144/23
145/7 145/24 166/15 173/25
175/20 185/25 214/20
doesn't [14] 6/20 43/10 69/2
75/20 99/15 163/13 179/18
186/21 192/18 193/4 218/15
218/25 219/18 221/9
doing [18] 18/21 34/23 51/15
51/20 57/24 58/2 60/18
116/19 160/17 173/17 190/20
202/17 205/11 205/14 207/8
207/10 222/6 222/10
DOJ [1] 84/6
domicile [1] 216/22
don't [182]
done [10] 118/16 150/19
167/6 184/13 205/11 206/7
206/8 208/21 215/22 220/5
door [1] 176/20
doubt [6] 32/4 32/22 176/14
207/25 208/24 212/5
down [25] 18/12 30/17 68/17
95/8 98/7 100/2 100/23
102/23 102/25 122/8 125/21
133/25 134/9 134/18 137/5
137/14 138/24 156/3 169/13
176/23 181/12 189/4 195/20
197/22 202/12
download [1] 154/23
downplayed [1] 186/9
downplaying [1] 177/25
downstairs [1] 144/4
dozen [6] 26/2 26/5 26/8
42/2 193/18 218/4
draft [12] 6/7 14/21 14/23
15/5 15/13 15/16 116/3 117/4
143/1 143/12 143/15 145/5
drafted [4] 15/1 22/16 175/7
175/9
drafting [3] 6/3 6/5 176/7
drafts [2] 15/3 15/13
Drive [1] 179/7
driven [1] 181/15
driver's [21] 12/19 16/16
63/18 63/21 64/19 120/22
121/3 122/7 122/11 123/2
123/16 138/1 138/19 138/25
139/3 139/8 139/12 139/15
139/20 145/23 146/2
drop [1] 215/24
dropped [1] 189/24
DuBos [1] 133/6
due [1] 205/22
during [15] 26/11 64/6 84/17
95/24 108/2 108/9 114/18
124/7 126/18 128/13 128/19
129/2 131/23 138/2 145/19
dwell [1] 157/2
Dyke [1] 172/18
E
e-mail [90] 8/21 9/11 19/20
20/11 20/12 20/19 33/12 34/2
34/6 37/2 39/15 40/3 40/4
40/6 40/8 40/11 43/14 43/17
44/8 44/21 45/1 46/6 46/9
47/24 61/13 62/25 64/12
64/15 64/18 71/13 71/16 72/8
72/23 76/6 76/11 76/15 94/9
94/10 94/16 94/19 95/2 96/12
96/22 96/24 98/8 98/10 98/12
98/16 98/17 99/1 99/18 99/22
100/6 100/7 100/16 100/22
100/25 110/13 134/21 135/2
135/10 142/1 142/4 142/6
142/10 142/17 144/4 147/2
168/23 169/19 170/5 170/6
170/8 170/19 170/23 170/25
170/25 173/1 173/2 173/4
173/21 182/20 184/25 194/4
194/4 195/1 195/12 195/13
195/14 196/8
e-mailed [4] 11/16 11/19
36/17 63/8
e-mails [21] 6/11 6/11 24/4
24/5 64/2 99/17 150/9 166/2
167/25 168/3 168/14 169/18
170/4 170/15 171/6 172/15
175/14 184/13 185/6 185/20
185/24
each [11] 32/1 51/8 74/18
80/15 81/2 87/7 115/19
125/21 165/14 199/14 213/12
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earlier [7] 13/20 42/17
51/21 95/9 131/13 171/5
174/1
earliest [1] 203/6
early [4] 94/24 115/5 178/20
209/16
easier [2] 28/5 38/6
easiest [1] 163/1
Eastern [3] 170/18 171/3
176/5
easy [1] 184/8
ECF [2] 80/10 178/7
EDD [1] 116/10
Edward [2] 43/16 119/19
effect [6] 171/16 172/4
173/7 176/4 184/1 203/9
effected [2] 26/17 42/20
effectively [2] 172/24 174/4
efficiently [1] 222/15
efforts [1] 22/18
ego [1] 10/22
EIDL [3] 34/15 95/11 179/5
eight [3] 26/11 26/19 42/18
Eighth [1] 192/25
either [10] 24/2 24/12 40/3
44/14 45/1 73/20 106/25
193/19 194/3 209/5
election [1] 23/13
Eleventh [2] 198/19 220/12
Elmo [1] 144/22
else [14] 30/17 36/9 36/12
36/25 83/23 100/15 104/5
111/14 135/6 151/4 156/1
163/23 183/9 196/16
elsewhere [2] 158/23 207/21
employees [1] 209/6
employment [1] 151/21
enact [1] 80/11
encountered [1] 207/16
end [10] 10/13 33/9 37/20
79/5 111/12 164/9 175/3
194/10 204/4 205/2
ended [2] 79/2 79/6
endemic [1] 197/2
ending [2] 32/6 138/2
enforcement [1] 57/8
engage [8] 80/14 85/22 85/24
86/17 86/25 87/1 87/25
156/20
engaged [5] 81/12 86/1 86/21
87/8 89/23
engaging [1] 156/24
engineer [2] 162/22 219/14
engineered [2] 217/20 220/20
engineering [2] 218/15 221/7
enough [3] 102/19 120/7
208/1
entail [1] 27/20
entire [4] 46/8 206/5 215/17
219/6
entirely [3] 185/4 185/5
220/10
entirety [2] 80/17 80/17
entitled [1] 224/7
entry [3] 13/7 13/22 146/20
equivalent [2] 25/23 190/2
escrow [17] 8/20 8/21 33/11
55/20 55/22 149/21 149/25
150/2 150/12 150/14 150/17
180/25 209/17 209/17 209/21
209/23 210/1
especially [2] 156/22 197/4
essentially [11] 7/18 10/22
11/20 20/15 25/15 27/25 79/9
158/8 159/22 174/25 220/10
establish [5] 140/17 160/9
161/24 162/1 183/12
established [5] 59/10 117/17
198/13 204/11 207/14
establishes [1] 183/25
estate [2] 147/1 157/24
et [3] 1/9 73/15 81/10
evaluate [2] 13/15 188/9
evaluating [2] 165/24 205/15
evasive [1] 163/21
even [20] 26/11 26/19 41/11
43/23 73/13 114/6 176/15
186/9 190/5 191/2 191/8
192/3 192/7 192/18 193/20
193/21 195/5 200/19 210/1
213/4
evening [7] 50/3 168/9
171/14 172/14 172/16 173/14
176/9
event [2] 107/1 144/10
events [9] 12/22 49/2 171/14
172/16 185/17 187/5 187/7
187/14 200/10
eventually [2] 22/19 204/23
ever [10] 52/9 52/20 53/2
68/14 69/23 103/16 103/20
112/23 197/9 207/15
every [14] 6/15 34/10 46/23
73/5 73/8 159/9 159/22 160/7
161/18 162/1 164/21 186/18
191/20 200/17
everybody [5] 125/16 125/18
144/23 163/23 192/13
everyone [1] 218/19
everything [7] 56/19 108/1
126/11 177/8 177/10 200/5
222/10
EVID [1] 4/14
evidence [197]
evident [3] 75/5 188/6 198/4
evidentiary [1] 219/19
ex [4] 123/13 123/14 123/19
181/14
ex-husband [1] 181/14
exact [1] 121/20
exactly [4] 25/9 77/7 149/6
199/1
examination [19] 4/4 4/5 4/6
4/7 4/8 4/10 4/11 5/22 47/8
67/12 81/1 82/15 88/16 93/19
104/21 125/8 185/5 194/7
218/24
examine [4] 185/21 220/23
221/1 221/6
examined [1] 221/3
example [20] 19/19 19/19
20/7 34/16 35/13 47/1 68/15
69/8 73/12 77/17 81/6 84/21
90/13 91/19 160/18 180/15
182/7 182/9 196/2 216/22
examples [6] 32/24 34/23
160/16 183/5 183/7 218/23
Excel [1] 27/24
exception [1] 163/20
excerpt [6] 38/7 38/7 180/8
180/9 180/16 180/20
excerpted [7] 29/18 32/19
32/25 36/25 38/14 38/19
197/20
excerpts [2] 46/7 197/14
exchange [3] 30/25 212/21
212/24
exchanges [4] 34/21 107/18
107/21 108/11
exclude [1] 87/23
excuse [4] 51/3 60/21 106/24
121/2
executed [1] 65/23
exhibit [111] 4/14 4/15 7/20
7/22 13/2 17/13 18/3 18/8
20/9 20/10 21/7 23/7 28/23
29/7 29/8 29/8 29/21 30/3
31/5 31/6 31/8 34/4 35/20
35/24 36/25 37/23 38/14
38/19 38/22 45/16 46/5 60/22
70/6 70/9 71/11 71/21 73/13
73/13 76/8 76/9 76/10 76/13
76/17 79/6 79/7 79/10 80/10
89/13 94/7 98/6 98/9 100/23
101/1 102/5 102/11 102/13
133/12 133/18 134/19 138/13
141/25 142/4 142/9 143/23
144/18 145/3 180/6 180/9
180/16 189/4 189/12 189/20
190/13 192/15 193/3 193/14
194/2 194/15 195/10 195/12
195/20 196/7 196/7 196/11
196/14 196/18 196/19 197/12
197/19 197/24 199/11 199/13
199/20 199/23 200/4 200/6
204/2 210/8 210/11 210/14
210/16 210/19 210/22 210/23
212/12 212/19 212/21 213/1
215/9 217/13 221/8
exhibits [11] 71/18 72/18
199/18 199/21 205/1 210/7
217/14 217/15 217/20 218/15
221/7
exist [2] 145/24 193/4
expect [1] 79/14
experience [2] 68/6 123/21
explain [8] 27/19 30/6 51/21
173/4 173/12 181/8 182/8
186/18
explained [5] 169/24 173/8
213/9 213/10 213/18
explains [2] 198/25 210/8
explanation [2] 169/23
169/25
explored [1] 57/15
export [8] 27/20 27/22 27/23
27/24 28/8 30/5 38/12 39/23
exported [10] 27/16 28/7
28/10 29/15 30/9 35/14 36/9
37/20 37/23 38/16
exporting [2] 39/23 41/8
exposed [10] 89/1 124/9
158/10 163/4 178/15 188/14
191/22 217/25 218/3 219/15
exposure [20] 80/2 83/19
83/21 87/2 89/5 90/4 90/23
90/25 90/25 91/1 91/3 91/6
91/17 93/2 158/14 162/2
188/13 193/5 194/18 195/3
extensive [2] 79/10 156/18
extensively [1] 163/4
extent [3] 66/16 165/8 177/7
extracted [3] 70/23 82/14
196/21
extracting [1] 196/22
extremely [5] 95/23 165/24
178/11 202/21 207/20
eyes [2] 16/24 17/3
F
F-A-E-R-S-T-E-I-N [1] 104/17
face [3] 153/11 222/3 222/3
face-to-face [1] 222/3
facility [1] 24/10
fact [52] 9/2 9/6 11/15
12/11 25/5 31/5 59/19 66/8
85/5 86/8 103/7 116/10
122/12 122/24 123/1 139/20
139/22 140/15 140/17 140/24
141/1 148/6 153/19 158/22
159/19 159/20 159/24 162/5
162/8 163/22 170/6 172/5
183/15 183/18 183/20 185/22
186/11 186/20 188/4 190/14
191/20 193/11 197/13 198/16
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fact... [8] 205/22 211/4
216/24 217/23 219/3 219/7
220/25 221/22
factor [1] 82/8
facts [10] 40/19 51/9 51/16
51/17 104/1 115/9 115/14
143/16 184/12 215/15
factual [4] 35/10 119/17
119/18 119/22
FAERSTEIN [18] 4/9 36/22
43/14 104/10 104/17 104/23
113/4 113/18 124/21 126/2
126/3 129/16 129/22 130/3
134/24 141/10 143/9 144/2
Faerstein's [1] 105/20
fail [1] 162/12
failed [1] 177/13
fair [22] 17/22 25/18 26/13
28/6 32/19 35/14 68/4 68/9
74/21 78/5 95/14 96/7 103/23
114/1 120/11 123/7 137/2
147/7 147/15 150/14 151/23
155/22
fairly [1] 32/21
fairness [1] 167/5
faith [1] 73/16
fake [4] 63/12 63/16 64/13
139/10
familiar [7] 35/24 78/20
102/9 143/4 145/7 145/8
156/8
family [3] 179/8 181/22
181/23
far [6] 18/15 55/24 80/22
158/12 160/10 215/21
fashion [1] 12/7
fast [1] 203/23
father [8] 167/14 168/17
170/24 182/17 182/18 182/22
183/3 183/19
favor [2] 162/3 165/8
favorably [1] 86/24
FBI [9] 12/25 14/16 14/19
15/25 24/11 51/1 51/15
114/22 123/17
FBI's [1] 30/12
February [48] 18/22 21/3
25/7 26/1 26/21 37/19 38/4
38/9 41/15 41/25 59/25 60/6
60/16 103/19 104/25 105/23
105/25 106/23 107/14 108/20
109/13 112/2 114/6 137/18
137/18 151/13 159/7 188/20
188/22 189/1 189/25 191/17
197/9 202/20 202/20 202/20
205/10 206/7 208/9 208/18
211/6 212/7 214/19 215/24
215/25 216/5 218/1 218/2
February 11th [3] 188/22
202/20 211/6
February 12th [1] 202/20
February 19th [1] 202/20
February 23rd [1] 25/7
February 24th [7] 26/1 26/21
41/15 41/25 106/23 107/14
108/20
February 2nd [6] 21/3 59/25
60/6 60/16 159/7 218/1
February 9th [3] 104/25
105/25 109/13
federal [3] 165/5 209/5
209/9
feedback [1] 194/11
feel [1] 157/8
Fenton [87] 2/10 14/23 21/14
21/18 36/21 37/13 37/16 38/1
38/20 38/23 39/13 39/19
39/25 40/2 45/16 45/19 45/22
46/5 48/22 48/23 49/2 49/8
49/11 49/14 49/25 50/10
50/12 50/16 50/25 59/24
60/21 68/2 68/4 75/10 76/12
81/11 82/5 82/25 83/9 83/22
87/14 93/1 107/23 108/3
108/9 108/17 109/5 123/18
125/24 126/5 126/12 126/15
127/8 134/24 135/3 154/3
160/5 160/18 161/13 163/6
163/20 164/5 164/14 164/24
169/10 169/14 170/4 170/7
170/14 184/10 185/16 185/23
187/18 188/5 190/4 190/9
191/25 192/5 195/10 195/15
198/2 199/15 205/1 211/16
214/1 218/18 221/16
Fenton's [4] 45/11 127/10
197/17 215/3
few [7] 11/15 11/18 22/18
88/13 132/24 211/8 211/20
Fiber [1] 63/2
fictionalized [1] 222/10
figure [5] 16/8 71/18 141/13
141/16 184/23
file [15] 29/15 29/17 29/17
29/24 36/14 36/16 77/14
77/20 77/21 154/23 178/7
200/19 201/14 201/15 208/16
filed [6] 8/15 8/18 70/7
88/4 123/13 123/14
files [14] 20/14 46/21 73/10
73/12 73/14 74/18 97/22
97/25 100/9 116/5 149/22
149/25 150/2 209/16
filing [6] 70/14 77/7 110/22
116/10 123/19 177/21
filings [5] 70/1 116/9
116/12 177/18 203/17
filled [1] 33/12
filter [15] 24/15 24/19
24/21 24/23 25/2 25/7 136/1
136/3 136/3 136/24 192/16
213/13 213/19 214/5 219/17
filtered [2] 25/3 71/3
final [2] 212/17 219/21
finalize [1] 202/18
finalized [1] 6/7
finally [1] 18/6
financial [1] 70/2
find [4] 51/20 51/25 141/11
163/25
finder [1] 66/8
finding [2] 49/21 179/20
finish [3] 9/10 79/21 191/6
finished [1] 202/16
firm [3] 80/3 194/25 195/2
first [91] 7/21 7/23 12/8
15/3 15/5 15/13 15/16 15/21
18/3 24/18 25/11 40/16 41/6
41/20 41/25 42/5 42/10 42/24
43/5 53/9 61/11 65/5 67/25
68/25 71/14 77/22 77/24 85/2
102/12 105/16 105/17 105/22
106/4 106/6 106/8 106/10
109/3 112/2 112/3 112/25
114/4 114/14 115/11 123/20
124/13 134/10 134/14 139/7
139/8 141/19 141/22 146/20
147/11 148/3 151/16 151/24
153/14 154/5 154/6 154/19
157/12 158/15 167/12 170/6
170/17 173/14 175/4 180/6
182/20 184/8 193/25 197/17
202/18 202/25 202/25 203/19
203/25 204/3 204/13 204/25
205/6 205/10 205/12 205/17
205/21 206/3 206/14 206/20
207/9 215/2 221/24
Fisher [1] 151/19
five [11] 11/18 16/2 16/4
17/23 18/18 132/22 132/25
173/19 183/11 195/19 211/21
flagged [1] 80/6
flight [1] 176/19
flip [1] 61/3
float [1] 8/20
Floor [1] 2/8
Florida [5] 145/19 145/19
172/20 173/2 175/8
flow [9] 8/23 9/24 55/19
55/21 56/2 157/22 164/4
164/11 180/7
flowed [1] 157/24
flowing [1] 123/8
flurry [1] 80/24
flush [1] 176/23
focus [10] 94/3 95/4 96/2
159/5 165/18 173/22 198/8
202/14 218/9 219/25
focused [5] 27/3 74/12
157/22 190/24 203/20
focuses [1] 112/3
focusing [1] 45/15
fold [1] 176/19
folder [9] 16/13 16/19 16/25
29/13 29/23 29/24 30/7 46/8
111/18
folders [5] 38/11 39/16
39/19 116/20 117/1
follow [12] 22/7 53/16 79/1
93/25 95/17 101/8 160/23
194/21 195/16 196/1 204/5
218/9
follow-up [5] 22/7 194/21
195/16 196/1 204/5
followed [4] 159/3 162/2
178/23 201/19
following [5] 95/4 178/24
200/14 200/25 203/18
footnote [5] 137/7 137/15
137/17 137/24 138/20
foregoing [1] 224/5
forensic [6] 23/21 24/1
24/17 24/21 25/4 25/16
foreshadowed [1] 87/7
forever [1] 184/5
forget [2] 87/19 218/17
form [7] 12/23 19/9 35/19
116/6 152/8 196/14 215/14
format [9] 27/17 27/24 27/24
74/15 74/17 74/20 143/4
144/9 224/8
formation [1] 160/14
formats [1] 74/19
formed [2] 160/2 186/12
forms [2] 33/11 116/7
formulate [1] 91/21
forth [3] 123/3 201/24 202/8
forward [2] 33/13 34/1
forwardtoprojecthype30 [1]
33/24
found [34] 12/18 27/13 28/19
49/15 50/5 51/21 51/25 58/10
58/11 59/5 59/7 59/9 60/6
71/7 73/5 75/23 78/2 85/10
121/21 140/22 161/2 166/19
173/8 174/19 175/15 175/17
175/20 175/21 181/12 181/16
181/18 185/3 186/5 195/22
Fountainhead [1] 20/11
four [14] 10/15 11/18 28/19
29/3 29/19 30/2 34/6 64/6
145/19 153/10 158/14 172/7
195/19 203/21
frame [2] 109/10 188/8
Francisco [1] 2/20
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frankly [11] 188/13 188/21
190/10 191/23 192/7 192/18
193/3 207/24 214/23 219/2
220/19
Fraser [3] 3/7 4/5 47/9
fraud [15] 55/8 56/22 63/11
72/7 84/5 163/24 164/1
172/11 174/6 179/12 179/18
183/24 192/14 199/3 220/24
fraudulent [3] 174/8 174/13
174/14
fraudulently [4] 62/19 179/5
180/17 182/12
frequently [1] 190/20
front [7] 47/12 133/17 145/2
147/17 148/13 148/16 162/17
fruits [1] 212/19
frustrating [1] 207/17
full [5] 5/17 67/7 93/14
104/12 125/3
functions [1] 39/23
fundamental [1] 219/23
funded [1] 34/7
funds [16] 8/19 8/20 8/23
9/24 55/19 55/21 56/2 62/20
157/23 157/23 164/4 164/11
180/7 183/22 201/19 208/4
funeral [1] 182/12
further [13] 47/6 67/2 85/18
85/22 88/12 92/8 93/7 104/4
124/18 124/19 155/25 169/9
179/25
G
G-E-F-F-R-E-Y [1] 125/5
Gamero [1] 151/17
garbage [1] 176/21
gather [1] 86/5
gave [7] 6/21 40/14 50/9
127/10 139/16 144/16 187/14
GEFFREY [3] 4/11 114/23
125/5
general [21] 24/4 37/2 83/15
84/17 84/18 84/20 84/23
85/24 90/5 112/19 126/9
126/10 126/11 127/15 128/24
130/4 130/12 131/19 135/12
175/21 178/13
generality [1] 85/4
generalized [2] 163/10
171/23
generally [10] 7/24 24/5
24/23 25/3 52/20 113/9
113/21 126/23 127/17 131/4
generic [2] 163/12 163/15
gentleman [3] 39/12 45/2
125/24
gentlemen's [1] 126/1
germane [1] 130/23
get [43] 13/9 21/4 22/11
40/10 57/16 67/21 67/24
73/17 73/17 95/8 96/6 121/19
122/17 122/18 135/7 142/17
142/22 144/4 164/23 165/13
172/23 185/13 190/22 190/24
191/1 191/2 191/7 191/8
192/16 193/16 194/21 196/13
205/10 206/2 206/6 207/7
207/22 208/11 219/20 222/7
222/11 222/15 222/16
gets [1] 24/21
getting [9] 23/12 44/16 79/2
105/6 105/13 117/19 184/5
205/13 222/19
give [19] 16/8 33/13 47/14
73/15 79/1 84/19 128/4 157/3
157/9 160/25 169/5 170/11
183/9 187/6 190/21 211/21
211/23 211/24 214/14
given [9] 122/23 128/10
128/13 129/14 131/11 131/13
193/4 202/22 204/20
giving [1] 63/9
go [59] 6/12 6/19 15/20
16/19 20/9 22/5 24/9 29/21
29/21 29/22 29/22 31/5 31/6
33/20 34/16 41/24 45/11
59/10 64/18 71/11 79/14
87/16 102/11 102/17 102/25
105/21 109/14 112/20 113/22
113/24 117/24 119/9 121/25
121/25 123/10 125/20 137/5
137/11 137/13 138/8 138/10
138/23 146/17 152/25 153/1
154/5 166/7 174/18 176/24
184/4 191/8 199/4 199/5
200/8 200/17 202/6 203/10
209/12 212/1
goes [4] 24/23 180/24 185/8
198/24
Gohar [3] 56/4 181/17 183/3
going [41] 11/20 16/12 22/13
30/24 31/6 38/11 41/12 57/14
59/5 61/3 68/19 75/19 79/21
90/16 93/10 95/15 95/17
123/23 143/22 144/3 150/7
158/6 161/14 162/15 165/1
166/23 170/13 172/23 179/4
179/5 187/17 188/2 188/3
190/21 194/4 200/9 203/23
204/5 204/16 205/5 216/13
gold [1] 64/14
gone [1] 176/24
good [26] 5/24 5/25 47/20
47/21 67/14 67/15 73/16 79/5
79/24 79/25 93/21 93/22
99/17 102/19 104/23 104/24
125/10 125/11 170/3 175/1
176/14 178/4 178/9 184/5
186/15 208/12
got [13] 22/19 34/6 66/20
96/12 134/8 158/24 162/14
169/23 177/1 195/12 204/9
214/20 221/10
gotten [1] 161/9
government [119]
government's [9] 102/17
159/21 159/25 188/10 197/3
208/1 212/4 220/19 221/6
grand [12] 6/11 41/12 68/1
85/2 90/9 90/11 162/17
205/23 206/1 206/12 208/16
220/7
great [7] 175/2 176/15 186/7
186/15 186/20 186/22 208/11
greater [1] 93/2
Grigoryan [2] 192/11 219/3
grounded [1] 122/18
grounds [1] 166/16
guess [10] 12/13 38/4 39/14
39/24 49/25 60/4 60/11
137/12 143/23 156/13
guided [1] 186/17
guilty [1] 57/20
Gusto [2] 20/14 116/6
guy [2] 21/22 22/9
H
had [195]
half [7] 8/9 51/4 114/1
171/2 201/1 215/25 216/1
halfway [1] 102/23
Halum [1] 209/20
Hampton [1] 220/12
hand [6] 62/23 138/12 141/24
169/1 169/2 221/8
handed [2] 142/25 145/4
handled [1] 84/5
Hang [1] 54/22
happen [1] 191/24
happened [14] 49/6 59/5 70/4
111/10 111/11 127/1 127/2
127/3 129/20 130/7 131/23
187/7 214/3 216/4
happening [1] 216/2
happens [1] 24/22
happy [3] 140/1 193/13
221/12
Harapetyan [1] 121/6
hard [6] 35/2 99/10 99/21
164/20 184/23 184/24
harmful [1] 208/19
harmless [6] 191/5 205/16
208/15 212/3 212/8 214/12
Hart [8] 119/20 121/5 137/9
137/19 138/5 139/4 139/17
143/3
has [50] 38/11 40/21 54/16
61/24 62/22 63/2 63/5 73/14
78/1 86/15 90/8 94/6 111/19
132/12 133/17 134/19 139/9
140/10 143/24 145/3 159/10
162/3 165/10 167/4 167/8
167/24 170/1 174/5 174/8
177/13 178/3 178/24 184/13
185/24 188/12 188/13 189/6
191/24 192/19 192/24 195/6
201/15 203/18 207/14 210/12
214/22 217/12 217/24 219/24
220/20
hasn't [3] 169/24 211/4
214/23
hats [1] 213/24
have [195]
haven't [5] 140/1 140/3
169/17 189/16 217/13
having [7] 89/12 103/16
107/16 129/9 139/21 160/19
201/11
Hayrapetyan [1] 119/20
he [177]
head [1] 170/8
Health [2] 99/1 100/3
hear [13] 12/15 64/4 77/9
126/13 141/20 145/18 156/7
156/10 157/10 157/12 157/16
169/25 187/22
heard [14] 11/21 52/9 162/14
177/1 188/9 190/8 191/12
191/20 194/7 196/15 196/23
217/22 218/4 220/15
hearing [35] 5/8 6/21 6/24
7/7 7/13 7/16 44/10 45/12
45/14 53/17 70/8 121/15
121/18 123/11 123/12 123/18
128/10 129/14 129/24 130/23
131/11 132/12 132/15 156/13
156/14 157/6 157/7 163/9
163/14 165/17 185/18 193/12
202/5 217/19 221/13
hearings [1] 53/13
Heart [1] 145/5
hectic [1] 50/3
held [1] 224/6
help [13] 6/5 51/21 59/16
61/18 78/15 78/19 78/23 79/9
95/16 96/8 96/10 141/11
143/14
helped [1] 114/15
helpful [4] 121/23 140/7
156/21 156/25
helping [1] 25/8
helps [1] 59/11
Henry [1] 172/18
her [69] 57/24 58/2 58/2
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her... [66] 58/3 58/11 59/6
59/8 59/16 59/19 59/21 66/21
82/12 82/14 82/14 86/10
87/10 87/18 131/17 132/5
151/19 151/20 152/4 157/21
158/1 158/2 158/3 158/11
159/2 159/14 159/18 159/19
172/10 174/20 175/15 176/17
176/18 176/25 179/6 179/8
179/17 180/23 181/1 181/6
181/14 181/14 181/15 181/21
181/24 182/2 182/17 182/18
182/22 182/22 183/2 183/3
183/17 183/19 183/20 183/22
183/23 183/24 195/1 196/9
196/10 196/20 209/20 209/23
220/23 221/3
here [81] 5/9 5/9 9/9 20/10
21/15 22/5 22/7 28/15 31/7
32/4 34/13 61/11 61/21 61/24
63/2 63/18 64/19 64/22 66/8
71/6 76/15 77/25 96/13 99/10
109/11 113/12 119/5 126/1
130/11 133/17 134/1 134/20
135/4 138/18 138/24 141/8
142/14 144/9 146/4 146/16
146/18 147/10 147/11 148/12
148/22 151/7 153/2 153/4
156/6 157/19 159/5 160/17
162/8 162/21 175/19 180/19
180/21 183/12 184/5 186/14
188/3 189/6 189/7 189/13
189/17 191/6 192/3 193/5
193/7 193/23 196/11 200/10
209/18 215/4 215/15 217/17
217/19 218/13 219/14 219/21
220/18
hereby [1] 224/4
herself [1] 183/22
hesitant [1] 60/10
hey [2] 75/17 95/2
highlight [6] 7/21 35/6
43/11 94/21 193/24 195/18
highlighted [2] 142/19
144/10
highlighting [1] 193/23
highlights [2] 211/19 211/19
highly [1] 192/14
him [51] 21/20 22/7 22/10
45/19 55/7 60/25 75/4 75/8
75/18 76/3 78/13 78/25 79/1
79/8 87/4 95/25 96/1 96/2
96/3 108/20 108/23 108/24
126/8 129/6 129/8 129/10
129/11 129/14 129/17 130/14
133/9 134/3 143/10 144/23
145/8 148/8 148/16 152/2
160/19 160/23 160/25 163/25
170/8 185/2 185/16 187/4
187/8 187/11 187/13 187/14
197/18
hired [1] 209/11
his [57] 9/15 48/3 49/1 55/8
117/17 117/18 117/24 118/9
125/24 134/2 134/4 144/3
150/20 151/24 151/25 152/2
160/5 163/21 163/25 164/7
164/9 169/11 169/15 170/8
171/9 172/19 173/7 184/11
184/12 184/15 185/3 185/8
185/9 185/11 185/12 185/19
185/23 185/25 186/2 186/10
187/12 190/13 192/5 192/6
197/7 197/17 199/16 199/19
199/22 199/24 200/23 201/14
201/14 201/15 201/24 202/1
202/14
hit [2] 188/1 193/25
hits [1] 148/3
hold [1] 164/13
home [7] 99/1 100/3 174/10
176/24 180/8 180/25 180/25
homes [1] 181/21
honestly [2] 74/10 191/14
Honor [144]
Honor's [2] 144/20 179/24
HONORABLE [1] 1/3
hopefully [1] 95/15
hour [1] 79/18
hours [8] 11/15 11/18 15/22
171/2 171/5 192/12 192/12
192/12
house [7] 65/13 65/16 176/25
179/8 181/5 181/10 183/17
houses [2] 208/7 209/18
how [51] 7/24 8/14 11/17
11/19 15/16 16/7 16/9 17/18
18/15 18/15 24/3 39/23 40/2
50/16 50/25 57/6 59/12 73/10
73/19 74/21 79/14 108/7
111/17 115/18 120/6 130/13
131/8 132/24 140/4 143/6
143/17 145/8 150/17 150/25
152/1 152/17 161/20 166/5
169/22 169/24 184/15 187/8
189/17 191/25 192/1 196/13
210/2 210/9 213/9 214/2
217/18
however [5] 71/2 107/12
163/15 185/7 217/2
huh [4] 11/9 39/18 42/3 91/7
humorous [6] 127/1 130/15
130/17 130/22 130/25 131/23
humurous [1] 131/3
hundred [3] 156/8 162/6
215/22
husband [10] 59/8 65/6 158/2
158/3 159/14 172/10 181/14
181/14 183/23 183/24
husband's [1] 181/6
hyperbole [2] 156/20 156/24
hypothetical [2] 26/14 84/21
I
I'm [12] 17/12 30/11 45/10
46/4 52/23 64/8 75/25 88/19
101/8 105/21 121/19 206/21
I.D [1] 4/14
i.e [1] 197/21
ID [1] 61/13
ID's [2] 63/12 63/14
idea [3] 84/19 160/1 179/3
identification [2] 9/11
200/12
identified [17] 71/9 71/21
97/14 98/14 100/9 101/11
102/7 168/1 168/3 178/21
178/22 197/14 204/12 204/16
209/8 210/2 210/4
identify [10] 6/15 106/12
167/9 209/2 209/3 209/7
209/14 209/15 209/20 209/22
identifying [3] 62/2 62/22
159/17
identities [3] 64/14 85/7
116/11
identity [21] 7/18 7/19
10/21 56/24 57/21 66/21
97/24 151/25 158/6 158/18
158/19 158/20 159/1 159/2
159/14 159/20 161/5 166/12
171/25 172/12 174/19
IE4170 [1] 33/7
image [34] 12/18 17/11 17/12
18/2 18/3 18/7 20/9 20/25
21/7 21/15 21/17 25/16 61/18
61/21 61/24 62/8 63/18 64/18
64/22 64/25 134/1 134/3
134/5 146/17 147/10 148/23
189/6 192/7 192/13 192/19
196/25 197/10 197/22 214/11
images [21] 16/13 16/14
17/22 19/7 19/16 29/14 60/9
60/20 61/8 74/18 97/9 97/12
111/20 132/17 132/22 133/2
160/10 178/4 186/6 191/10
192/4
IMEI [1] 61/25
immediately [1] 96/2
immunities [1] 220/6
immunized [1] 198/10
impact [1] 81/10
Imperial [1] 147/6
import [2] 86/5 184/23
importance [2] 45/8 164/15
important [20] 57/17 57/24
60/15 75/9 157/2 157/3
158/16 159/5 160/10 163/25
164/21 165/24 177/11 177/16
178/11 184/6 186/14 186/16
209/19 220/14
impossible [3] 197/4 197/15
218/22
impression [1] 70/24
Improper [1] 113/15
incidents [1] 184/11
include [6] 6/19 6/20 45/1
48/3 72/4 203/8
included [11] 43/24 90/20
90/20 99/4 99/23 120/11
120/16 145/20 146/12 176/12
202/4
includes [3] 41/4 49/20
215/16
including [13] 7/13 43/25
69/25 116/7 134/24 148/2
159/18 166/4 173/9 174/9
178/2 188/15 188/23
incomplete [1] 160/21
incredible [4] 164/16 166/20
169/16 171/20
independent [7] 189/8 193/16
193/17 195/6 198/18 206/13
217/15
independently [1] 189/18
indepently [1] 219/4
indicate [2] 61/8 150/2
indicated [2] 108/9 150/9
indicating [2] 65/3 147/2
indict [1] 192/22
indicted [1] 202/17
indictment [53] 40/17 41/6
41/21 42/5 42/11 42/20 42/22
42/25 43/5 65/8 67/25 69/1
69/1 85/2 90/10 106/4 106/7
106/9 106/10 111/25 112/4
113/1 114/14 115/4 143/1
143/12 143/15 145/5 161/6
193/9 202/18 203/2 203/4
203/7 203/19 204/3 204/3
204/7 204/9 204/10 204/14
204/17 204/24 204/25 205/5
205/6 205/12 205/17 205/21
205/21 206/4 206/16 207/9
indirect [2] 6/16 218/5
individual [4] 78/10 97/23
174/8 174/12
individuals [6] 20/20 57/12
170/20 188/14 204/16 209/14
indulge [1] 181/4
Info [3] 106/7 106/12 106/16
inform [2] 150/15 160/13
information [108] 6/16 7/7
14/15 20/2 20/16 20/21 25/19
25/24 40/18 43/4 43/6 43/7
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I
information... [96] 43/8
43/24 44/21 46/15 46/21
51/18 62/23 63/9 63/9 70/2
80/7 82/8 85/6 87/17 89/17
90/7 92/18 96/4 96/17 98/3
99/25 100/7 101/5 106/3
109/6 109/22 116/5 116/9
116/19 117/5 117/7 117/11
117/11 117/15 118/18 118/20
120/6 120/13 120/25 121/11
121/14 121/17 122/23 123/8
124/9 136/1 136/5 136/11
147/17 148/13 148/16 155/3
155/7 155/14 155/23 158/11
159/9 159/17 159/19 159/24
161/1 161/9 161/10 162/17
162/18 163/5 171/4 171/22
171/23 173/14 176/11 176/13
178/15 178/16 181/18 188/17
194/23 195/1 195/22 196/18
196/20 196/22 197/6 201/18
202/23 202/24 209/14 210/6
210/22 212/6 212/8 212/13
217/7 218/12 218/16 218/22
informed [2] 92/16 148/11
inherent [1] 197/2
initial [4] 73/22 119/4
204/10 213/11
initiate [1] 11/12
Injijian's [1] 120/21
inquiry [1] 198/8
inspection [3] 8/24 11/12
14/4
instance [7] 24/25 27/21
32/1 52/19 61/1 61/11 171/9
instances [2] 199/5 209/15
instant [1] 31/22
instituted [1] 47/4
instructed [1] 57/13
instruction [1] 187/25
intend [1] 157/15
intended [3] 48/1 71/25
187/23
intending [1] 87/24
intensive [1] 111/2
interaction [1] 13/11
interactions [2] 12/23 13/14
interesting [2] 64/22 220/21
internal [11] 39/6 68/21
101/19 111/18 122/12 122/24
201/4 201/15 202/1 203/5
204/19
internally [2] 201/5 201/10
International [1] 14/6
Internet [1] 144/3
interpret [2] 195/4 195/8
interpreted [1] 162/3
interpreting [4] 68/14 78/23
196/2 218/23
interrogate [1] 75/8
interview [17] 21/21 21/23
22/9 97/23 98/1 112/17
133/22 151/8 151/13 151/15
152/6 152/17 152/22 161/20
162/24 194/22 215/11
interviewed [4] 133/6 133/9
133/14 161/20
interviewing [7] 22/7 56/12
112/10 112/11 112/13 112/14
112/24
interviews [21] 112/20 113/2
113/3 113/11 114/2 114/5
114/7 215/6 215/7 215/8
215/13 215/17 215/19 215/22
215/25 216/1 216/2 216/10
221/18 221/21 222/3
intrusion [1] 48/12
investigate [2] 51/5 51/9
investigated [1] 98/21
investigating [5] 40/16 41/5
51/13 68/5 204/22
investigation [80] 7/3 10/11
10/15 18/2 31/19 32/8 34/15
35/16 37/6 46/15 51/22 52/12
52/15 52/21 53/21 55/8 55/13
55/17 57/25 62/12 62/16 63/5
65/21 92/9 94/3 94/24 95/19
96/17 97/17 99/8 101/18
101/25 103/18 114/19 114/23
115/18 126/23 128/1 131/4
132/2 132/4 134/11 134/14
134/23 149/21 153/6 153/20
155/2 155/13 157/22 166/4
178/19 178/21 186/17 194/19
198/25 199/6 200/24 201/16
201/17 202/10 202/15 203/20
204/5 204/6 205/8 206/6
207/7 208/21 209/8 209/16
209/19 214/17 215/1 215/3
216/8 217/9 218/3 218/10
220/11
investigations [1] 216/24
investigative [14] 25/3
25/10 36/15 40/25 41/4 94/14
96/4 136/8 150/19 152/18
154/7 160/13 205/4 208/20
investigator [3] 10/5 66/15
164/18
investigatory [5] 112/7
112/9 192/22 196/1 201/15
invited [1] 84/10
involved [7] 29/3 56/24
63/11 95/19 124/15 146/25
166/9
involvement [1] 63/11
involving [2] 82/25 83/9
iPad [1] 23/21
iPhone [1] 28/4
irrelevant [1] 96/19
IRS [6] 36/20 101/23 101/25
102/21 114/22 116/9
is [739]
Islands [1] 14/6
isn't [5] 56/12 58/6 64/23
148/24 156/25
isolated [1] 184/11
issue [27] 48/17 53/10 58/21
80/24 81/9 82/16 85/23 86/24
88/22 89/6 89/11 89/15 89/18
90/2 96/25 123/21 124/2
144/9 156/22 162/6 162/16
174/4 174/25 184/9 188/22
214/17 220/1
issued [5] 108/5 137/19
216/15 216/17 220/6
issues [4] 44/19 84/9 84/12
190/6
it [564]
items [7] 16/20 27/12 52/14
52/17 52/18 55/12 95/4
its [9] 66/10 81/9 165/11
178/19 191/23 198/25 203/19
204/9 221/7
itself [3] 17/15 32/20 221/9
Iullia [47] 7/8 7/9 7/14
8/18 8/25 9/1 9/5 9/7 9/19
10/19 10/21 12/19 27/6 30/15
30/25 31/15 31/16 32/13
32/25 55/19 69/15 80/7 80/17
106/12 117/17 118/6 121/7
121/9 121/21 122/4 122/7
122/22 122/25 123/1 123/5
123/16 138/25 139/9 139/11
145/20 153/8 178/23 181/6
197/20 200/12 200/20 201/17
J
J-U-S-T-I-N [1] 5/20
jail [2] 177/1 177/1
January [9] 18/22 133/7
133/10 133/11 133/15 206/21
206/22 206/25 207/2
January 12th [2] 206/22
206/25
January 2021 [1] 133/7
January 4th [1] 206/21
Jencks [1] 44/11
Jewelers [11] 80/9 107/23
108/4 108/10 108/11 109/16
109/18 109/20 159/16 160/19
160/23
Jewelers' [1] 109/21
job [4] 23/24 51/5 94/2
99/24
Jobe [5] 94/16 94/20 94/23
95/3 95/19
John [5] 3/4 21/9 21/19
21/22 21/23
Johnson [3] 2/16 2/19 2/22
joined [9] 68/7 87/18 88/18
88/25 89/20 105/25 110/3
112/2 143/10
JPEG [2] 74/19 111/20
JUDGE [1] 1/4
judging [1] 178/11
Judicial [1] 224/9
Julian [4] 14/23 172/17
172/18 175/10
JULY [3] 1/16 5/1 39/10
July 7th [1] 39/10
jump [2] 18/1 21/3
jumping [1] 18/13
June [9] 10/11 10/11 10/13
46/16 53/5 67/18 201/17
206/22 215/18
June 15th [2] 67/18 206/22
jury [16] 6/11 41/12 58/21
68/1 85/2 90/9 90/11 162/17
196/15 197/23 205/23 206/1
206/13 208/16 220/7 221/3
just [139]
JUSTICE [2] 2/4 2/11
JUSTIN [7] 4/4 5/15 5/19
98/15 114/22 126/1 159/24
K
KASTIGAR [50] 1/15 5/8 7/20
17/13 18/3 20/9 20/10 21/7
29/7 45/12 45/14 52/9 53/6
53/9 53/17 80/24 81/9 82/16
83/18 84/12 85/14 85/23
87/12 88/22 89/6 89/11 89/14
90/1 94/6 123/21 124/1
133/12 133/18 134/19 177/12
188/7 189/6 191/19 194/2
195/9 196/4 197/3 198/8
215/2 215/9 217/21 217/25
219/18 219/23 221/9
Kastigar-related [3] 87/12
123/21 124/1
KATIE [2] 1/20 224/12
KATZENSTEIN [5] 2/5 84/15
125/25 127/13 128/10
Katzman [2] 3/4 3/7
Kauichko [48] 27/10 28/9
28/11 28/11 28/16 54/18
56/23 57/21 58/9 59/22 65/1
65/11 66/21 122/4 154/12
158/5 158/18 159/18 160/2
161/15 164/4 166/12 172/1
172/6 173/10 173/23 174/15
174/16 174/19 179/4 179/13
179/19 180/3 180/10 180/10
180/11 181/2 181/20 182/1
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K
Kauichko... [9] 182/24 183/1
183/14 183/15 188/24 192/10
201/5 201/11 202/2
keep [6] 12/14 51/15 51/16
51/17 99/10 99/21
Ken [3] 95/2 95/21 96/9
Kenneth [2] 94/12 95/15
Keough [5] 2/19 4/8 4/11
93/20 125/9
kept [1] 192/9
key [9] 68/25 69/2 183/12
188/23 189/3 191/4 195/5
210/1 219/1
Kidd [1] 172/17
kind [3] 19/6 63/25 77/23
Kirin [2] 173/1 173/1
knew [20] 43/3 43/6 54/21
54/23 55/7 55/15 56/14 56/18
56/21 58/8 89/6 118/25 119/3
157/21 158/9 158/20 164/6
168/16 182/18 218/20
know [117]
knowing [2] 28/16 219/12
knowledge [7] 8/11 26/4 32/1
53/6 58/16 103/12 197/16
known [2] 171/18 182/22
knows [4] 40/22 145/14
164/18 216/20
KONG [1] 2/5
Kudamov [2] 120/23 154/20
KX1 [3] 17/12 138/10 146/16
KX2 [1] 106/19
KX28 [2] 150/5 151/7
KX30 [1] 113/14
KX60 [1] 13/19
L
La [4] 56/4 147/5 180/8
181/7
lab [2] 24/3 24/8
label [1] 66/9
labeled [4] 30/21 32/5 77/25
113/19
lag [1] 205/20
Lane [1] 65/17
language [1] 121/20
Lansgaard [17] 80/8 146/13
146/15 146/21 146/24 147/7
147/12 147/25 148/2 150/3
150/10 150/18 151/2 151/5
151/10 151/21 209/24
Lansgaard's [5] 148/13
148/22 149/25 151/19 152/11
large [7] 25/18 36/16 73/14
111/21 114/17 205/22 210/3
largely [2] 163/18 165/18
larger [1] 78/3
last [14] 34/6 34/16 35/12
70/16 77/24 110/5 122/14
124/24 125/25 131/16 155/18
160/17 177/8 182/21
Lastly [1] 46/13
late [8] 46/16 69/16 73/25
92/17 137/18 202/21 207/4
216/17
later [17] 18/1 18/24 22/22
51/25 56/3 72/23 79/3 97/8
98/19 100/14 106/22 110/9
134/3 158/6 162/21 171/2
204/24
launder [1] 183/21
laundering [1] 106/14
law [5] 57/8 163/11 195/2
211/13 219/22
lawyers [1] 5/9
lay [2] 204/15 214/2
lays [2] 192/25 199/11
lead [9] 10/5 94/25 108/7
163/7 165/11 179/1 200/23
201/21 221/21
leading [3] 26/16 43/4
221/23
leads [17] 92/8 93/24 94/3
95/15 95/16 95/18 96/7 96/12
99/25 111/22 160/14 162/24
163/13 163/16 205/4 208/20
218/9
lean [2] 68/9 68/11
learn [6] 12/4 12/11 57/6
150/18 151/1 169/22
learned [31] 8/24 11/10
11/25 12/6 12/8 12/9 12/18
14/16 56/6 57/2 97/2 150/22
150/24 151/24 152/1 158/25
167/16 167/18 169/24 170/5
170/7 170/9 170/9 171/22
172/7 173/15 175/4 176/10
176/13 197/7 218/16
learning [1] 39/22
lease [1] 192/10
least [16] 12/18 24/14 34/15
83/15 87/2 87/25 95/20 97/9
97/16 153/5 158/14 160/16
189/13 190/12 208/24 216/3
leave [5] 47/14 54/7 124/14
134/9 176/18
led [4] 96/15 107/1 107/20
192/22
left [4] 54/12 55/13 138/12
212/2
left-hand [1] 138/12
legal [9] 150/20 150/22
151/10 151/17 151/25 152/3
152/12 152/14 152/19
legitimate [1] 198/18
lender [2] 69/1 69/2
lenders [1] 20/12
lengthy [1] 187/24
less [11] 26/2 26/5 26/8
42/1 111/2 157/2 197/5 197/8
215/16 215/17 221/17
let [15] 19/13 37/4 40/23
54/11 54/22 88/6 120/13
121/19 135/6 142/15 151/15
192/1 192/5 196/5 214/14
let's [53] 7/20 7/21 8/8
11/7 13/19 15/20 17/11 18/1
18/2 18/18 19/19 20/7 20/7
21/3 23/18 26/11 26/24 29/22
32/24 33/1 33/2 33/2 33/20
33/20 34/4 34/16 39/6 41/24
43/12 44/25 45/10 46/13
57/16 59/10 64/18 79/18 86/4
94/6 95/10 102/4 113/17
125/20 126/4 133/12 134/18
137/11 137/13 137/13 138/10
145/15 156/6 177/4 187/22
letter [10] 80/2 80/3 80/4
80/4 80/6 80/12 80/21 80/25
82/18 89/13
letters [6] 80/4 113/7
113/20 113/23 116/10 116/10
letting [2] 50/4 95/25
level [3] 29/13 71/16 85/3
Lewis [1] 3/4
license [19] 12/19 63/18
63/21 64/19 120/22 121/3
121/7 121/10 123/5 138/1
138/25 139/3 139/9 139/12
140/16 145/23 146/2 181/11
181/12
licenses [16] 16/16 121/20
122/7 122/12 122/22 122/25
123/2 123/16 138/19 139/15
139/16 139/20 140/14 141/2
141/6 141/7
light [3] 156/17 167/4 169/9
like [63] 16/12 16/19 20/11
20/12 28/1 28/4 28/4 29/13
37/2 39/16 39/20 40/1 41/10
42/19 50/18 50/20 50/23
60/20 65/12 69/1 69/6 72/2
73/5 73/8 73/12 73/14 73/25
74/16 74/17 77/8 77/15 77/16
80/17 82/10 85/3 90/6 93/23
99/17 104/9 113/19 129/19
130/4 130/5 140/17 141/19
141/22 141/25 145/9 146/8
152/3 156/7 156/10 161/11
179/23 182/3 189/16 189/19
191/21 195/19 196/1 203/9
209/10 218/25
likelihood [3] 83/18 84/1
89/25
likely [14] 15/3 22/2 26/7
26/16 37/21 38/15 45/24 60/8
72/23 84/6 84/10 86/19
190/14 200/13
likenesses [1] 140/21
limited [2] 187/4 207/20
line [15] 76/25 94/19 95/7
102/22 147/11 170/24 182/25
184/20 184/22 191/20 191/21
206/2 220/4 220/8 220/21
line 5 [1] 170/24
lines [8] 47/3 102/19 119/9
120/10 120/13 120/14 153/10
163/12
link [5] 179/24 179/25 180/1
180/2 183/12
linkage [1] 72/1
linking [3] 8/4 72/2 72/4
links [1] 199/1
list [17] 79/4 81/23 81/24
95/4 95/8 99/23 99/24 100/13
129/3 131/16 132/6 135/4
135/7 193/13 204/21 205/2
210/20
listed [7] 9/13 81/21 81/23
98/13 99/2 99/3 204/21
listener [2] 190/22 190/23
listening [1] 191/8
lists [1] 182/21
literal [1] 74/16
literally [1] 89/2
little [8] 13/25 34/10 68/17
143/13 157/4 157/21 210/25
222/16
Littrell [26] 3/4 3/4 3/7
4/7 88/17 165/12 165/21
166/14 166/19 167/7 167/16
167/24 169/8 170/25 171/7
171/8 171/11 171/13 171/19
174/4 174/22 177/5 184/25
188/12 211/24 218/19
Littrell's [1] 177/11
live [2] 174/10 181/22
lived [1] 180/25
living [1] 56/4
LLP [5] 2/16 2/19 2/22 3/4
3/7
loaded [3] 36/19 42/19 68/24
loading [1] 102/6
loan [27] 20/16 21/12 21/16
21/19 22/12 22/14 23/16
62/20 95/5 95/20 97/22 97/25
100/9 116/5 137/8 138/16
145/6 172/11 179/5 179/12
180/17 180/21 183/24 195/21
199/2 209/16 210/4
loans [26] 7/25 8/5 43/15
76/12 95/7 95/19 97/15 97/20
98/13 98/21 99/3 99/7 100/13
100/18 101/6 101/12 101/15
102/7 106/12 157/23 174/8
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L
loans... [5] 174/13 174/14
181/20 183/16 194/19
local [1] 172/20
locations [1] 217/2
lodge [1] 144/5
lodged [1] 70/15
log [1] 216/12
long [2] 32/21 164/6
longer [1] 79/14
look [58] 7/12 7/20 8/8
13/19 15/6 16/11 17/11 18/2
21/6 21/14 21/16 21/19 21/20
22/1 22/13 23/10 28/16 32/24
33/3 34/4 34/19 39/2 39/6
44/25 46/6 46/9 64/2 64/12
70/1 73/8 75/19 75/21 76/4
97/13 107/20 108/16 113/19
142/17 144/10 144/17 147/10
163/10 168/22 169/18 172/25
192/15 195/10 195/13 203/11
204/2 211/8 214/25 215/6
215/14 216/7 216/11 216/19
222/5
looked [16] 12/13 21/17
39/16 41/19 69/2 70/9 77/19
77/21 99/22 123/4 139/15
140/3 159/11 189/15 208/9
212/15
looking [18] 16/15 20/6
20/10 27/21 32/16 55/18 61/9
61/12 62/8 63/10 64/1 71/20
79/9 90/6 96/3 107/18 113/23
170/21
looks [8] 20/11 20/12 24/23
28/1 29/12 65/12 143/4 152/3
LOS [6] 1/14 1/22 2/8 2/17
3/9 5/1
lose [1] 186/19
loses [1] 165/10
loss [1] 105/4
lost [1] 109/10
lot [14] 17/2 25/20 26/8
26/9 41/11 41/21 42/15 88/3
89/17 95/18 99/7 156/23
195/16 210/10
lots [1] 93/24
luggage [1] 59/8
lunch [5] 128/15 128/18
128/19 128/22 129/2
Luncheon [1] 79/20
Lynne [1] 15/25
M
M-A-S-S-I-N-O [1] 93/17
MacDaniels [1] 192/24
made [27] 6/17 9/1 9/5 11/14
24/17 82/17 106/21 109/17
109/17 109/19 133/19 161/19
166/14 171/7 171/21 171/21
172/2 176/4 177/1 184/8
193/13 193/22 194/16 199/1
207/17 214/9 219/11
mail [91] 8/21 9/11 19/20
20/11 20/12 20/19 33/12 34/2
34/6 37/2 39/15 40/3 40/4
40/6 40/8 40/11 43/14 43/17
44/8 44/21 45/1 46/6 46/9
47/24 61/13 62/25 64/12
64/15 64/18 71/13 71/16 72/8
72/23 76/6 76/11 76/15 94/9
94/10 94/16 94/19 95/2 96/12
96/22 96/24 98/8 98/10 98/12
98/16 98/17 99/1 99/18 99/22
100/6 100/7 100/16 100/22
100/25 110/13 134/21 135/2
135/10 142/1 142/4 142/6
142/10 142/17 144/4 147/2
168/23 169/19 170/5 170/6
170/8 170/19 170/23 170/25
170/25 173/1 173/2 173/4
173/21 181/17 182/20 184/25
194/4 194/4 195/1 195/12
195/13 195/14 196/8
mailed [4] 11/16 11/19 36/17
63/8
mails [21] 6/11 6/11 24/4
24/5 64/2 99/17 150/9 166/2
167/25 168/3 168/14 169/18
170/4 170/15 171/6 172/15
175/14 184/13 185/6 185/20
185/24
main [5] 16/18 16/25 84/6
164/1 221/11
majority [2] 37/15 216/13
make [25] 15/12 24/1 26/18
38/6 43/25 45/5 68/18 75/19
105/3 108/4 114/12 117/25
120/18 121/19 121/23 148/18
157/1 159/8 161/21 167/7
170/12 177/17 190/5 190/7
193/1
makes [8] 28/5 137/25 168/21
170/3 171/13 171/19 191/14
212/18
making [3] 159/16 163/11
171/16
Management [2] 98/25 100/3
mansion [3] 179/7 183/22
208/4
manual [1] 173/17
manually [1] 70/15
Manuk [2] 192/11 219/3
many [10] 16/7 18/15 50/25
73/10 73/19 114/5 132/24
173/18 196/25 217/2
Mapelli [6] 220/14 220/17
220/20 220/22 221/1 221/6
March [21] 18/22 22/23 26/17
26/17 37/19 38/4 38/10 41/16
42/24 43/3 43/5 110/10
110/13 115/5 191/18 202/20
205/18 206/7 208/18 212/7
218/2
March 11th [3] 26/17 110/10
110/13
March 19th [1] 202/20
March 9th [3] 42/24 43/3
43/5
Marietta [26] 14/4 54/16
54/21 55/9 55/21 55/25 56/7
56/14 56/19 63/23 131/8
167/14 170/20 171/17 173/11
173/24 175/22 176/16 177/2
179/1 180/2 181/13 200/21
200/24 201/20 201/24
Marietta's [1] 170/23
marital [1] 25/1
mark [2] 125/25 143/22
marked [6] 94/6 102/4 133/18
134/19 144/18 145/3
married [2] 25/1 56/15
Martinez [2] 191/21 220/13
mary [23] 8/4 11/10 55/16
80/8 81/16 81/20 81/24 96/16
155/10 157/20 157/25 158/9
158/16 158/23 158/25 159/25
160/22 161/3 161/5 164/3
166/9 175/24 209/21
mary.abelian [1] 61/16
Marylee [2] 194/24 209/10
mask [1] 104/14
MASSINO [19] 4/8 36/21 78/18
78/23 79/12 93/11 93/16
93/21 94/8 98/6 100/23 103/1
116/23 126/2 130/13 153/24
170/17 194/20 194/20
matching [1] 214/12
material [3] 17/2 17/4
168/11
materials [8] 22/19 67/23
68/20 68/23 105/6 105/9
116/15 116/17
math [2] 18/21 216/1
matter [8] 79/17 178/13
186/21 201/22 213/11 213/13
222/14 224/7
matters [6] 166/15 174/6
174/23 186/2 186/5 219/19
may [63] 18/13 18/22 18/24
19/14 21/17 22/23 22/24
40/10 44/2 47/16 48/17 53/12
67/16 72/19 72/21 72/23
72/24 73/1 76/6 80/1 80/22
81/7 81/20 82/18 82/18 82/24
83/8 85/15 86/9 88/3 88/18
88/23 88/23 89/12 89/15
89/19 90/19 95/9 99/3 104/18
111/1 112/14 118/1 124/14
142/21 143/25 144/1 147/12
171/8 185/1 186/21 187/5
194/4 197/9 206/22 206/23
206/24 209/3 217/3 217/4
217/22 217/24 222/15
May 10th [4] 72/19 72/21
72/23 73/1
May 11th [2] 72/24 76/6
May 13th [8] 80/22 81/7
82/18 83/8 85/15 88/23 89/12
89/19
May 21 [1] 18/24
May 21st [2] 18/13 19/14
May 2nd [1] 147/12
May 4th [3] 206/22 206/23
206/24
May 7th [6] 67/16 80/1 81/20
82/18 88/23 89/15
maybe [10] 37/13 37/22 43/12
91/4 103/6 108/15 142/11
142/11 168/2 221/17
me [72] 6/6 19/13 21/16
21/18 33/13 33/13 33/18
34/14 37/4 40/23 47/12 49/17
49/24 50/4 50/18 51/3 54/11
54/22 59/11 60/21 75/9 76/4
76/19 77/3 79/9 84/19 90/19
93/6 99/19 101/8 106/24
107/12 111/22 112/25 113/2
120/13 121/2 121/19 123/18
139/24 142/15 142/22 142/25
145/2 148/22 151/6 151/15
154/17 155/8 166/16 168/25
169/5 170/18 172/8 173/1
173/3 175/7 175/19 179/21
180/14 181/4 182/5 188/1
190/17 190/25 191/8 192/5
194/16 196/5 211/21 214/14
215/23
mean [52] 11/1 16/13 21/23
26/6 31/24 31/25 37/13 44/13
52/20 53/19 54/24 55/12 59/5
61/20 66/8 68/3 68/11 69/6
75/3 76/18 80/13 84/19 89/2
90/5 90/12 90/20 91/3 91/8
91/18 92/22 99/14 108/12
109/19 112/8 115/11 118/22
124/1 126/3 129/23 129/23
130/21 145/9 148/24 156/10
156/19 167/4 168/1 185/25
199/5 201/9 217/6 221/17
meaning [3] 9/23 21/22 51/24
meaningful [1] 186/16
means [6] 56/9 77/3 91/3
171/3 192/20 216/4
meant [3] 13/20 128/6 143/13
measures [2] 80/12 80/13
Case 2:20-cr-00579-SVW Document 813 Filed 08/03/21 Page 240 of 254 Page ID
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mechanisms [2] 46/14 47/1
Media [1] 63/3
medium [1] 47/24
meet [8] 87/24 165/4 193/2
193/7 198/1 202/8 218/13
219/18
meeting [1] 133/23
member [3] 153/20 159/9
160/7
members [6] 96/5 98/12
134/23 181/22 181/23 207/14
memo [11] 68/1 68/22 115/1
115/3 117/4 120/8 120/11
120/25 143/7 143/18 182/25
memorandum [11] 114/15
115/24 116/3 118/15 119/4
119/14 120/17 133/22 151/8
151/15 204/3
memorialized [1] 12/22
memory [6] 7/24 13/14 35/3
60/14 64/17 210/18
mention [4] 173/10 175/13
175/14 175/25
mentioned [22] 42/18 43/9
53/14 56/3 68/20 71/19 82/5
82/24 116/22 116/24 124/13
129/5 133/5 137/6 137/24
138/6 140/15 140/16 141/25
154/15 175/16 185/15
merits [1] 89/25
message [31] 22/11 23/4 23/7
28/19 29/3 29/19 30/25 33/3
33/15 33/23 34/9 34/11 37/17
71/1 73/5 73/8 73/13 73/22
74/3 74/7 74/11 74/14 78/12
79/11 107/18 107/20 108/11
108/18 108/21 109/24 159/12
messages [83] 21/21 22/1
23/10 23/11 27/16 27/22
27/23 27/25 28/7 28/9 28/10
29/4 29/16 31/11 31/22 32/25
33/21 33/22 34/18 35/19 36/5
36/6 36/9 36/19 36/24 37/5
38/8 38/15 39/13 41/8 45/3
45/20 45/23 59/21 69/4 69/7
69/7 69/10 69/17 69/20 69/21
70/18 70/20 70/22 70/23 71/4
72/25 73/3 73/20 73/20 74/13
74/16 74/22 75/2 76/23 77/1
77/4 77/12 77/17 77/21 78/6
78/9 78/10 78/15 78/24 79/6
79/13 108/13 142/7 158/25
160/2 160/8 160/24 163/25
164/15 171/24 175/20 175/21
175/25 190/15 196/25 197/14
197/20
messagings [1] 37/8
met [1] 165/10
Miami [87] 6/16 6/25 7/8
11/7 11/16 11/16 12/20 12/25
13/11 14/1 14/6 14/8 15/21
15/22 23/22 24/8 25/6 25/22
25/22 40/18 41/9 42/9 44/22
46/14 46/18 54/16 55/1 55/25
56/15 56/19 58/10 60/1 61/5
62/8 66/25 83/16 84/16 84/25
85/1 85/6 90/8 90/10 92/8
96/24 98/22 99/3 100/19
103/3 103/8 103/11 103/17
103/21 103/24 107/7 115/14
117/5 117/12 117/15 117/15
121/10 126/12 126/14 126/17
126/18 127/23 129/11 131/1
131/25 133/3 135/19 135/21
136/6 136/15 138/21 145/19
146/19 154/12 154/15 155/10
155/20 188/23 194/13 195/25
214/18 216/6 216/15 216/25
Michael [1] 2/19
mid [6] 37/21 105/22 112/2
114/6 133/11 207/4
middle [3] 34/5 61/25 172/23
midnight [1] 173/3
might [8] 15/6 64/13 75/13
78/19 93/24 103/14 164/8
170/22
million [1] 179/7
Minasian [1] 87/18
mind [12] 6/12 6/13 43/7
68/11 68/17 82/17 89/18 92/6
175/3 191/6 208/1 222/17
minds [1] 221/2
minor [1] 43/21
minute [8] 66/2 166/21 169/5
169/13 174/11 221/17 221/18
222/13
minutes [5] 79/15 171/2
173/3 190/16 211/21
mirror [4] 196/25 197/10
197/21 214/11
Misak [6] 19/20 19/21 20/7
20/12 20/15 20/19
misconduct [3] 85/25 87/20
88/5
misdirected [1] 185/7
misleading [1] 143/13
miss [1] 58/5
missed [3] 176/2 203/23
220/14
missing [1] 20/13
Misstates [1] 89/8
mistake [2] 100/1 194/16
misunderstanding [1] 219/23
misunderstood [1] 119/13
Mkrtchyan [1] 62/9
mobile [3] 117/18 118/8
118/9
model [1] 61/22
modified [1] 123/12
modifies [1] 156/14
modify [1] 123/13
MOIs [1] 215/10
moment [13] 66/12 89/2 160/6
166/7 179/3 181/4 186/2
189/11 190/6 193/22 200/3
211/5 219/9
momentarily [1] 158/1
Monday [2] 72/19 72/23
money [25] 9/23 10/1 106/14
106/17 116/8 157/24 161/14
174/9 178/24 178/25 179/4
179/5 180/10 180/18 181/3
181/4 181/21 181/25 182/12
183/2 183/18 183/21 200/14
200/25 208/7
month [5] 13/25 129/24
129/25 130/3 200/18
months [14] 7/2 10/15 18/17
18/18 18/23 18/24 20/24
22/22 45/25 159/8 162/21
172/8 206/9 215/21
more [47] 13/25 29/22 30/18
42/19 42/21 42/21 54/14
59/11 64/5 64/6 66/19 68/5
78/2 79/10 82/15 107/6 114/1
116/13 133/25 133/25 137/14
156/13 158/12 159/3 160/10
160/25 162/20 172/8 174/6
174/23 183/25 186/5 186/15
193/20 195/3 208/1 211/19
211/21 215/13 215/21 215/25
216/1 216/2 218/7 220/4
221/17 222/2
morning [19] 5/24 5/25 39/11
47/20 47/21 49/13 49/15
49/25 50/11 50/16 67/14
67/15 128/13 142/1 142/9
171/15 174/2 176/9 187/3
mortgage [3] 56/22 135/14
135/15
most [12] 79/15 94/4 140/18
157/2 158/15 159/5 163/6
163/17 191/12 191/24 209/15
210/9
motion [10] 45/9 57/15 83/18
86/10 86/24 87/23 88/2 88/4
110/17 110/18
motions [6] 1/15 5/8 85/25
87/19 87/19 88/3
mountain [1] 207/25
move [2] 60/19 149/1
moved [3] 206/3 207/1 207/2
moves [1] 179/8
moving [1] 61/21
Mr [15] 4/4 4/5 4/6 4/7 4/8
4/10 4/11 5/23 47/9 67/13
88/17 93/20 104/9 104/22
125/9
Mr. [144]
Mr. Andre [2] 195/14 195/15
Mr. Ayvazian [5] 8/14 10/2
50/5 82/20 106/11
Mr. Ayvazian's [1] 118/7
Mr. Ayvazyan [5] 57/11 85/19
87/1 118/11 219/7
Mr. Ayvazyan's [1] 117/16
Mr. Cipolletti [2] 48/22
129/5
Mr. Clark [2] 37/13 37/16
Mr. Debois [3] 133/14 133/23
134/1
Mr. Faerstein [9] 104/23
113/4 113/18 124/21 129/16
129/22 130/3 134/24 144/2
Mr. Faerstein's [1] 105/20
Mr. Fenton [62] 21/18 37/13
37/16 38/20 39/13 39/19
39/25 40/2 45/16 45/19 45/22
46/5 48/22 48/23 49/2 49/8
49/11 49/14 49/25 50/10
50/12 50/16 59/24 75/10
82/25 83/9 83/22 93/1 108/17
109/5 126/5 126/12 126/15
127/8 134/24 135/3 154/3
160/18 163/6 163/20 164/5
164/14 164/24 169/10 169/14
170/4 170/7 170/14 184/10
185/16 185/23 187/18 188/5
190/4 190/9 191/25 192/5
195/15 198/2 199/15 211/16
218/18
Mr. Fenton's [4] 45/11
127/10 197/17 215/3
Mr. Lansgaard [1] 147/7
Mr. Littrell [21] 165/12
165/21 166/14 166/19 167/7
167/16 167/24 169/8 170/25
171/7 171/8 171/11 171/13
171/19 174/4 174/22 177/5
184/25 188/12 211/24 218/19
Mr. Littrell's [1] 177/11
Mr. Minasian [1] 87/18
Mr. Paetty [5] 71/13 82/25
83/9 83/22 134/24
Mr. Paetty's [1] 72/8
Mr. Palmerton [1] 170/9
Mr. Palmerton's [1] 185/17
Mr. Ram [8] 83/12 187/24
202/13 211/23 212/16 212/18
214/14 221/23
Mr. Ram's [1] 198/6
Mr. Richard [2] 85/20 86/16
Mr. Trontz [2] 7/16 7/22
Mr. Young [2] 90/20 90/21
Mrs. [3] 220/22 221/1 221/6
Case 2:20-cr-00579-SVW Document 813 Filed 08/03/21 Page 241 of 254 Page ID
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Mrs. Mapelli [3] 220/22
221/1 221/6
Ms [7] 57/11 79/24 86/22
161/13 171/25 186/6 196/8
Ms. [38] 8/15 32/18 50/5
54/25 56/12 57/3 57/10 57/20
58/10 61/18 63/8 63/10 65/5
65/24 66/20 67/5 67/14 71/10
71/12 76/14 79/22 82/5 82/9
84/15 85/11 86/2 86/19 86/20
87/9 88/10 88/18 93/9 127/13
128/10 131/25 132/3 196/18
197/15
Ms. Ahn [10] 67/14 71/12
79/22 86/19 88/18 93/9
131/25 132/3 196/18 197/15
Ms. Ahn's [1] 71/10
Ms. Catherine [1] 67/5
Ms. Dadyan [3] 86/20 87/9
88/10
Ms. Katzenstein [3] 84/15
127/13 128/10
Ms. Romero [2] 32/18 76/14
Ms. Simbatyan [2] 82/5 82/9
Ms. Tamara [1] 86/2
Ms. Terabelian [12] 8/15
50/5 56/12 57/3 57/10 57/20
58/10 61/18 63/8 63/10 66/20
85/11
Ms. Terabelian's [3] 54/25
65/5 65/24
much [9] 43/25 51/18 54/10
79/10 79/14 83/10 95/3 123/7
208/10
multi [1] 28/1
multi-page [1] 28/1
multiple [12] 11/25 12/2
12/2 12/4 16/14 16/14 122/11
122/22 195/22 219/1 219/2
219/12
mumble [1] 64/9
must [5] 39/14 40/3 40/9
170/1 176/2
my [123]
myself [6] 36/20 108/14
108/15 165/22 174/22 175/10
N
name [57] 4/3 5/17 5/19 8/18
10/19 12/19 20/19 58/9 62/12
62/14 63/5 63/21 64/25 65/2
65/5 65/10 67/7 69/15 75/3
75/7 81/25 93/15 94/24
104/12 106/13 125/3 125/20
125/25 126/1 133/6 134/11
134/17 138/25 139/9 139/11
139/21 145/20 145/21 146/25
149/25 172/6 173/9 173/23
174/7 174/13 180/11 180/23
181/1 181/5 182/10 183/13
183/15 183/16 183/19 201/14
201/22 201/23
named [2] 132/6 146/13
names [7] 24/25 30/7 77/15
194/21 200/19 200/20 210/5
naming [1] 95/19
Nanni [1] 198/23
narrow [1] 95/16
narrowing [4] 68/17 94/17
94/20 96/22
nature [2] 16/17 193/4
Nazar [15] 80/7 80/18 85/9
85/11 161/3 167/13 169/21
169/22 170/6 170/19 171/1
182/13 182/16 182/25 183/3
necessarily [1] 11/5
necessary [3] 15/15 15/18
44/14
need [12] 22/4 23/11 33/11
35/12 54/10 92/4 106/20
190/5 190/7 193/10 194/6
198/15
needed [3] 78/14 90/13 96/1
negate [1] 198/14
negative [1] 162/19
negotiations [4] 86/12 86/21
87/1 87/9
never [18] 52/11 52/14 92/22
93/3 93/4 93/4 93/6 103/11
107/8 136/3 176/22 184/14
187/11 187/12 207/25 209/22
210/5 218/17
new [12] 2/11 46/19 71/9
73/23 74/9 74/12 74/15 75/3
92/25 201/22 212/24 217/7
next [22] 18/2 24/22 29/21
30/2 33/23 38/18 64/18 64/22
67/5 93/8 93/11 98/19 104/8
111/10 113/24 119/10 122/9
124/22 135/8 149/2 155/9
216/19
NIALL [3] 2/6 48/22 125/24
Nicholas [1] 2/21
night [8] 34/6 35/2 49/8
72/25 172/24 177/9 182/21
187/7
nine [2] 107/12 178/17
Ninth [7] 192/24 198/12
220/1 220/17 220/24 220/24
221/4
no [136]
No. [1] 178/7
No. 329 [1] 178/7
nobody [3] 91/25 92/7 92/12
nodding [1] 170/8
non [1] 219/18
none [7] 193/16 206/9 206/11
206/11 206/12 216/25 216/25
nonexistence [1] 116/11
noon [1] 79/18
Norayr [1] 63/22
normal [1] 70/13
North [1] 2/7
Northern [1] 124/5
Northwest [1] 20/3
not [214]
notaries [1] 135/14
notary [2] 133/6 134/2
note [8] 9/18 41/20 98/20
118/10 141/5 158/19 177/16
184/15
noted [8] 5/12 36/16 40/4
42/14 85/16 148/22 170/19
170/23
notes [3] 28/12 65/14 190/9
nothing [11] 48/6 48/25
48/25 126/7 129/7 158/4
158/5 192/20 192/21 192/22
192/23
notice [1] 175/11
noticed [2] 114/4 148/9
notifies [1] 57/8
notion [1] 214/17
November [20] 13/7 13/22
15/21 18/16 19/3 19/4 19/17
23/1 23/20 75/24 97/11
118/12 118/16 119/2 132/19
188/20 208/8 213/2 218/1
222/21
November 13th [7] 15/21
18/16 19/17 97/11 132/19
188/20 218/1
November 16th [1] 13/7
November 20th [1] 23/20
November 24th [1] 13/22
November 5 [1] 19/3
November 5th [6] 19/4 23/1
118/12 119/2 208/8 213/2
now [72] 13/19 15/20 18/13
21/3 28/19 33/20 34/2 45/15
55/14 55/19 56/18 61/21 62/8
74/21 78/5 79/17 81/13 94/8
94/25 96/22 102/17 103/1
109/15 111/6 111/17 111/24
112/16 113/13 116/13 117/4
117/7 119/5 119/6 134/11
134/18 134/20 137/17 138/5
138/23 139/7 140/11 141/18
142/17 145/4 146/11 149/24
154/14 156/4 158/19 161/24
162/21 162/22 164/19 166/21
167/1 167/9 167/24 170/13
179/21 184/17 185/10 191/1
191/2 196/5 200/5 202/12
202/17 204/11 210/12 213/23
214/19 217/12
number [31] 30/12 32/5 33/9
59/7 61/25 62/2 62/5 65/12
65/13 69/22 71/8 73/14 73/16
95/18 96/7 98/13 105/6
134/16 143/23 159/18 169/16
173/16 173/16 178/1 185/2
195/23 209/1 210/3 216/14
221/18 221/20
numbers [5] 30/7 71/1 71/5
71/5 95/5
numerous [1] 57/11
Nursery [2] 102/8 102/22
NW [2] 2/11 2/22
NWtradings.com [1] 19/21
O
O'DONNELL [1] 2/6
oath [1] 164/24
obituary [4] 146/21 148/2
148/4 149/13
object [1] 211/3
objection [25] 11/2 18/20
19/9 19/12 26/14 40/19 48/11
52/5 58/18 66/6 86/3 89/8
90/24 91/2 99/12 109/8
113/15 123/9 123/22 127/5
128/20 130/19 144/6 152/5
167/3
observation [1] 81/11
observed [5] 23/4 138/2
138/9 145/23 181/11
obtain [7] 101/7 106/12
173/6 202/19 206/1 206/3
208/17
obtained [11] 62/19 69/7
76/24 99/25 114/18 179/5
180/17 182/12 209/16 210/9
210/10
obtaining [1] 202/23
obviated [3] 92/4 92/10
92/15
obvious [2] 75/9 184/12
obviously [4] 37/5 81/15
90/14 189/9
occurred [7] 83/8 96/24
99/19 129/24 131/23 152/22
215/25
occurs [1] 32/1
October [49] 6/21 6/24 7/6
10/9 11/11 12/23 14/3 14/16
14/16 46/18 49/3 49/8 54/21
54/23 57/2 74/1 94/10 95/14
96/22 157/20 158/9 164/6
166/5 167/16 167/19 168/17
169/21 171/15 171/15 173/4
178/20 180/4 180/5 181/16
181/25 183/14 187/5 188/16
191/17 200/17 200/17 200/22
200/25 201/23 202/11 215/16
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October... [3] 216/8 217/25
222/23
October 16th [2] 11/11 57/2
October 19th [16] 12/23 14/3
14/16 49/3 49/8 54/21 54/23
166/5 171/15 178/20 180/4
180/5 181/25 183/14 187/5
202/11
October 20th [5] 14/16
171/15 173/4 188/16 217/25
October 22nd [7] 6/21 6/24
7/6 10/9 167/16 168/17
169/21
October 23rd [1] 167/19
October 5th [4] 200/17
200/22 200/25 201/23
October 7th [1] 181/16
October 8th [2] 94/10 96/22
off [8] 15/21 55/13 78/4
122/15 191/8 212/2 222/22
222/23
offer [1] 83/24
office [5] 2/4 85/24 100/8
111/13 124/6
officer [1] 11/22
officers [5] 11/12 11/16
13/12 13/16 57/13
Official [1] 1/20
officials [1] 171/24
Oh [3] 76/10 76/16 130/1
OIG [2] 36/21 95/22
Okay [121]
Olaf [20] 80/8 146/13 146/15
146/21 146/24 147/12 147/25
148/2 148/13 148/22 149/25
150/3 150/10 150/18 151/1
151/5 151/10 151/19 152/11
209/24
omitted [1] 140/20
once [11] 8/23 26/12 26/22
42/19 162/18 167/8 176/16
176/25 201/19 205/25 213/11
one [116]
ones [11] 8/15 96/8 98/14
98/21 98/24 99/11 99/23
117/1 159/4 215/14 216/3
only [35] 51/25 63/2 70/5
70/23 74/7 82/10 84/18 89/14
102/21 117/10 117/13 117/14
123/5 144/21 144/25 157/25
159/12 159/13 160/4 161/9
162/16 163/9 165/21 169/23
184/20 187/14 192/8 194/13
195/2 198/15 207/14 208/19
212/9 215/21 216/6
open [7] 9/18 16/21 16/21
29/24 41/22 70/11 70/12
opened [4] 31/4 42/17 201/17
201/22
opening [4] 116/9 181/8
199/8 204/11
opportunity [6] 157/1 157/8
170/11 171/10 183/9 211/18
opposed [3] 46/8 75/1 109/7
opposite [1] 58/25
oral [1] 218/12
orally [2] 158/15 218/20
order [7] 6/18 49/15 53/17
123/12 123/14 168/10 170/16
organizational [1] 111/6
originally [1] 79/11
Ostiller [1] 84/7
other [79] 9/10 9/12 9/17
9/21 13/10 27/9 32/11 35/19
36/2 39/3 45/13 48/15 48/21
51/25 57/11 59/7 59/7 66/14
69/25 74/3 74/13 74/18 75/2
75/5 78/1 85/15 85/23 92/3
96/3 96/11 101/5 111/1 111/4
115/23 116/2 116/7 117/18
118/10 118/14 119/1 122/6
123/3 127/25 132/11 135/24
136/5 136/15 136/16 136/17
137/25 139/3 142/22 148/5
153/19 154/14 156/15 159/19
161/15 164/4 164/11 170/7
170/8 172/21 174/13 177/17
182/3 183/5 190/8 190/23
194/6 195/4 196/2 199/14
204/6 207/23 210/6 214/3
215/9 215/11
others [10] 37/9 37/14 80/9
81/6 93/2 96/10 134/25 171/9
172/18 197/8
otherwise [5] 14/14 22/8
28/12 187/19 191/25
our [33] 24/10 36/14 46/22
85/24 88/7 95/24 111/18
120/9 172/19 176/6 178/17
178/18 181/8 189/13 189/14
194/5 198/24 199/8 199/9
200/4 202/9 202/17 204/11
205/8 206/5 207/21 209/2
209/3 209/13 211/13 214/25
222/9 222/18
ourselves [1] 95/10
out [53] 25/2 33/12 33/20
35/21 39/16 42/4 54/7 54/12
71/18 78/10 78/22 79/8 79/10
87/10 88/6 109/17 109/19
111/8 111/23 112/20 122/20
135/8 141/14 141/17 151/24
152/1 152/11 160/18 169/4
174/8 174/13 174/14 176/7
176/20 180/21 181/16 181/18
181/25 183/16 184/23 185/16
188/12 192/25 199/12 204/15
204/21 214/2 217/21 218/5
218/23 219/17 220/18 222/20
outcome [1] 186/3
over [23] 22/5 24/5 57/9
57/14 71/17 72/9 78/25 92/25
117/17 156/7 162/5 167/6
167/9 167/10 167/11 167/24
167/25 169/10 190/15 193/15
193/18 210/12 214/3
overall [3] 72/5 185/7 186/1
overcome [2] 162/7 162/10
overly [1] 193/7
Overruled [2] 11/4 26/15
overt [1] 204/23
overwhelming [4] 86/17 86/20
87/4 88/10
own [1] 221/6
owned [1] 10/2
owner [3] 108/11 160/18
160/22
P
P-A-L-M-E-R-T-O-N [1] 5/20
p.m [6] 79/20 124/25 157/11
170/18 171/3 176/5
PAETTY [13] 2/7 60/23 60/24
68/3 71/13 71/19 82/25 83/9
83/22 87/14 110/13 110/19
134/24
Paetty's [1] 72/8
page [53] 4/3 7/22 17/13
18/3 18/7 20/9 21/7 28/1
29/21 29/21 29/22 30/2 33/2
33/3 34/4 34/5 34/16 39/3
39/6 39/6 71/11 98/7 100/24
102/11 102/12 102/17 102/20
102/23 113/24 114/4 114/5
119/10 121/25 122/1 122/9
133/25 134/1 134/10 137/7
137/14 138/11 138/23 145/17
146/17 152/25 154/5 154/6
169/3 169/4 172/25 181/8
184/21 224/7
pages [22] 7/20 25/23 32/19
32/22 35/14 46/5 73/20 73/24
73/24 138/23 139/7 156/8
162/6 168/4 172/14 184/19
190/1 190/2 190/15 197/19
197/20 197/23
painstaking [4] 166/3 172/15
198/24 199/4
PALMERTON [68] 4/4 5/15 5/19
5/24 13/2 13/5 39/4 47/10
47/15 47/17 47/20 51/2 51/3
57/19 59/1 60/21 60/25 70/19
70/21 70/23 72/13 73/2 74/2
74/22 78/7 97/3 97/10 100/17
100/22 107/9 114/22 116/22
116/24 126/2 132/18 134/7
137/3 138/14 139/16 142/1
146/5 149/9 159/24 168/23
169/20 170/9 170/17 174/1
175/10 181/9 185/12 185/15
186/12 187/2 187/4 188/16
190/4 190/12 190/13 196/15
196/17 196/19 196/20 196/22
197/4 197/14 197/18 218/17
Palmerton's [6] 15/13 70/6
142/10 164/10 177/9 185/17
pandemic [1] 222/1
paper [2] 70/14 205/12
paperwork [4] 202/18 205/11
206/9 207/9
paragraph [16] 39/7 41/24
43/13 44/20 44/25 72/8 77/25
105/21 117/21 117/25 119/9
142/11 142/12 151/16 153/1
153/4
paragraph 16 [2] 153/1 153/4
Paragraph 21 [1] 142/11
paragraph 25 [1] 41/24
paragraph 26 [2] 43/13
142/12
paragraph 27 [3] 39/7 44/25
119/9
paragraph 31 [2] 117/21
117/25
paragraph 5 [1] 105/21
paralegal [1] 25/8
paralegals [1] 36/22
Paronyan [2] 43/16 119/19
part [70] 7/6 10/17 12/17
14/9 17/14 24/11 29/8 32/4
35/20 38/5 40/24 56/11 57/20
69/6 72/6 77/1 77/3 77/8
77/15 77/18 77/19 77/22
77/23 78/1 78/3 78/4 81/15
84/8 87/2 92/11 92/16 94/2
99/8 101/15 101/18 101/23
102/16 103/18 106/11 120/8
122/14 127/25 132/2 132/15
133/18 134/6 136/11 139/22
140/25 142/9 143/24 144/10
144/16 144/18 146/18 149/21
160/12 160/13 172/9 179/12
179/15 180/25 189/5 190/13
199/25 203/21 204/4 205/22
208/1 208/3
parte [3] 123/13 123/14
123/19
participant [1] 82/23
participants [1] 32/3
participate [2] 81/12 81/14
participated [6] 80/22 81/5
81/7 82/10 82/11 107/22
participating [1] 112/6
participation [1] 179/18
particular [15] 27/4 30/20
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particular... [13] 45/8
51/11 52/14 62/5 112/4
115/15 120/10 121/11 121/16
180/20 181/17 190/4 210/21
particularly [3] 35/9 44/5
218/17
parties [5] 5/9 156/11 165/2
165/18 165/19
pass [2] 118/1 193/13
passed [4] 147/12 148/6
150/23 150/24
passing [1] 168/17
password [2] 33/13 33/24
pasted [1] 113/23
path [1] 193/8
Patrol [1] 105/10
Paul [2] 211/13 222/23
Pause [1] 169/7
pay [1] 182/12
payroll [3] 20/14 116/5
116/6
PDF [21] 27/17 27/20 27/24
28/1 30/4 30/23 32/19 33/2
38/7 38/14 38/14 39/23 46/8
70/10 74/15 74/17 74/19
77/20 111/19 111/21 146/17
PDFs [1] 29/18
peas [1] 161/11
pending [3] 19/11 85/25
86/10
people [14] 48/8 48/15 57/8
59/12 76/7 89/24 129/3 132/6
135/3 139/18 144/24 194/22
215/8 222/2
per [4] 26/12 26/22 51/15
88/7
perceive [1] 66/17
perceiving [1] 66/17
percent [1] 167/21
performed [3] 14/3 147/24
152/18
perhaps [3] 87/24 176/8
179/17
period [7] 26/12 26/20 26/21
172/10 190/11 194/13 200/18
permission [2] 144/20 172/3
perpetrate [1] 199/2
persisted [1] 164/15
person [13] 24/4 32/5 47/23
59/6 125/21 131/16 140/22
147/15 148/11 173/24 174/14
174/20 175/15
personal [9] 62/22 70/2
129/1 154/7 159/17 165/24
179/6 183/20 187/23
personally [4] 14/21 101/24
112/11 154/24
persons [2] 25/2 97/5
persuasive [3] 78/6 78/8
185/3
phone [179]
phone's [1] 155/23
phones [150]
photo [10] 17/15 19/23 19/25
120/21 138/15 139/8 146/15
147/20 148/1 148/7
photograph [3] 8/25 61/12
138/18
photographed [2] 18/4 18/10
photographs [56] 11/8 17/9
19/8 20/22 61/4 61/5 61/8
105/10 105/12 105/17 106/2
106/24 107/5 107/6 107/9
107/15 107/17 108/8 108/16
108/22 109/7 109/16 110/6
110/10 110/14 110/14 110/20
110/20 111/8 111/19 111/21
115/22 116/1 118/19 118/23
120/20 120/22 121/2 123/4
123/15 123/17 123/17 136/12
149/9 149/11 151/1 151/5
159/4 159/6 159/11 159/12
160/8 174/24 177/20 177/24
178/1
photos [53] 16/1 16/4 16/7
16/10 16/11 16/16 16/21
16/24 17/6 17/14 17/16 17/17
17/19 17/21 19/16 20/2 20/5
21/4 21/7 22/23 29/14 59/25
97/18 98/15 98/22 100/14
101/11 102/8 103/10 111/2
121/3 138/1 138/9 138/13
139/15 145/22 146/2 146/4
146/11 146/12 146/16 146/19
148/11 149/14 188/16 188/19
188/20 189/13 194/20 218/1
218/1 218/11 218/20
physical [13] 172/5 172/13
173/15 173/22 174/6 174/23
175/5 176/16 177/19 177/22
178/8 183/13 208/2
physically [1] 24/7
Picadilly [12] 80/8 107/23
108/3 108/10 108/11 109/16
109/17 109/20 109/21 159/16
160/19 160/22
pick [2] 24/9 136/14
pics [1] 194/6
picture [10] 17/23 22/5
23/11 64/19 138/24 146/19
217/10 217/17 218/14 219/13
pictures [8] 135/15 135/18
135/22 139/18 139/21 140/18
140/25 161/3
piece [12] 10/23 103/19
115/19 121/11 121/14 121/16
140/19 173/14 186/21 210/8
210/8 216/10
pieces [7] 175/1 175/2
176/14 176/15 176/15 183/11
185/23
piecing [1] 178/25
PII [1] 120/23
pinned [1] 159/2
place [5] 46/14 97/3 113/11
114/8 151/13
placed [1] 57/9
plain [1] 163/23
PLAINTIFF [2] 1/7 2/3
planning [5] 90/6 90/7 135/5
157/5 185/8
plate [2] 181/12 181/13
platform [1] 36/18
play [1] 209/18
players [1] 158/16
playing [1] 39/22
plea [12] 83/5 83/7 83/23
85/19 85/24 86/12 86/18
86/21 87/1 87/9 161/8 161/21
pleadings [2] 156/15 165/7
pleas [1] 86/10
please [11] 54/10 71/10
76/13 93/14 104/11 105/21
106/19 113/14 113/25 125/2
135/6
plenty [1] 159/8
plural [1] 122/7
plus [1] 216/25
pod [1] 161/11
point [62] 13/16 34/17 35/4
42/4 45/8 58/20 66/19 76/21
79/8 81/16 81/19 88/25 89/6
90/15 92/3 115/8 118/21
124/11 157/22 160/12 168/21
170/3 173/21 177/6 177/17
182/17 184/8 184/19 185/2
185/14 188/12 189/3 191/5
195/18 196/12 196/13 202/7
202/22 203/6 204/19 205/9
205/9 205/11 205/14 207/6
207/8 207/11 208/9 208/14
208/18 208/20 209/13 212/10
212/16 212/17 218/5 218/7
218/14 219/14 219/21 220/18
222/11
pointed [6] 35/20 39/16
158/23 188/12 217/21 218/23
pointedly [1] 156/13
points [8] 156/11 157/2
157/16 185/2 188/1 195/19
217/10 221/11
policy [6] 51/16 85/24 86/13
87/22 88/7 219/14
pop [1] 76/18
pornographic [2] 17/2 17/4
portion [2] 113/11 142/19
portions [1] 68/1
position [6] 59/2 161/15
164/16 171/9 178/12 189/14
positions [1] 164/22
possessed [2] 148/12 158/17
possession [18] 9/11 10/18
145/21 172/5 172/13 173/8
173/15 173/22 174/7 174/12
174/23 175/5 176/17 177/19
177/22 178/9 183/13 208/2
possibility [5] 83/7 92/25
124/8 124/12 198/14
possible [13] 44/6 46/7
53/23 74/5 74/7 83/5 109/5
111/4 111/14 185/4 185/5
200/11 207/23
possibly [5] 36/13 42/17
44/3 53/12 59/18
post [5] 157/6 157/7 170/22
221/13 221/13
Postal [1] 181/19
potential [15] 72/17 80/23
81/9 81/10 81/17 81/21 82/2
82/6 85/18 89/25 93/24 112/4
135/5 193/1 215/8
potentially [2] 75/20 118/18
powerful [16] 10/20 10/25
11/6 35/9 58/3 66/5 66/13
140/18 158/10 160/11 163/6
179/9 179/10 179/11 179/12
179/14
powerfully [1] 193/20
PPP [16] 16/15 20/16 22/12
22/14 23/15 34/15 55/8 145/6
179/5 180/17 180/21 182/12
183/2 183/16 183/22 208/4
practical [1] 206/4
precede [1] 211/6
preceded [1] 161/6
precisely [1] 99/17
precursor [1] 196/17
predicate [1] 40/23
premise [1] 21/25
preparation [7] 53/13 54/4
70/7 110/17 160/12 161/19
204/7
prepare [6] 6/9 13/10 39/8
114/15 143/14 205/13
prepared [14] 6/1 53/14
137/22 139/4 141/1 143/2
143/20 144/6 145/15 157/8
204/19 211/11 211/12 221/25
preparing [13] 41/20 42/5
42/10 53/24 87/17 112/25
116/3 120/3 120/4 206/9
207/10 221/23 222/20
preponderance [6] 161/25
192/2 198/15 198/16 208/24
208/25
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prepping [2] 40/16 41/6
present [6] 41/6 79/5 90/6
90/10 170/16 196/14
presented [5] 156/17 171/23
180/7 197/23 206/12
presenting [1] 90/7
presidential [1] 23/12
PRESIDING [1] 1/4
pressuring [1] 160/25
presumably [1] 20/16
pretrial [2] 219/19 221/5
pretty [12] 68/16 73/12 75/8
81/8 81/11 96/10 99/18 159/1
162/6 162/9 163/11 163/19
prevailing [1] 83/18
previous [1] 20/13
previously [5] 56/22 81/16
97/15 97/16 177/18
primarily [2] 6/11 51/6
primary [6] 110/24 111/24
111/25 112/3 114/24 219/25
Primavera [4] 56/5 147/5
180/8 181/7
print [1] 210/25
printed [3] 111/6 111/8
111/23
prior [24] 41/12 123/18
123/18 124/11 124/14 136/6
136/12 136/15 137/2 157/20
158/3 160/11 161/12 164/2
164/6 164/11 172/8 177/18
180/4 180/5 181/24 186/12
212/13 212/14
prioritize [2] 213/20 214/2
priority [1] 206/2
privilege [2] 25/1 71/3
privileged [3] 48/12 75/21
118/18
Proactive [2] 99/1 100/3
probable [10] 51/10 171/17
172/4 172/9 172/22 173/5
173/7 176/4 184/1 213/4
probably [7] 72/21 90/20
111/16 125/16 149/17 195/19
208/11
probe [1] 91/4
problems [1] 184/10
procedural [1] 46/13
proceed [4] 5/7 85/18 90/14
104/18
proceedings [5] 1/13 48/24
169/7 222/25 224/6
process [5] 6/9 6/13 17/20
165/15 213/17
processed [1] 217/2
processes [1] 24/14
produce [3] 15/7 15/9 139/25
produced [11] 114/2 114/7
118/20 118/22 118/23 118/25
140/10 177/8 215/14 215/19
216/13
product [7] 68/21 68/21 69/6
82/2 144/6 144/9 194/24
production [5] 109/1 113/7
113/20 113/23 220/6
proffer [3] 87/11 87/18 88/1
profile [1] 134/2
progressed [1] 199/6
prohibited [1] 196/3
project [1] 34/2
promise [1] 211/21
promised [1] 190/17
proof [3] 20/14 165/2 165/4
properties [1] 65/18
property [6] 55/23 56/5
147/3 147/4 181/7 208/6
prophylactic [2] 80/11 80/13
proposal [2] 83/12 83/13
proposed [1] 83/23
propositions [1] 163/22
prosecuting [1] 216/20
prosecution [41] 22/16 36/25
37/4 37/9 37/12 40/15 40/24
41/3 42/10 43/10 68/1 68/22
88/18 88/25 89/20 93/1 98/13
114/15 114/25 115/3 115/24
116/3 117/4 118/15 119/4
119/14 120/8 120/11 120/17
120/25 124/16 125/13 125/22
128/18 143/7 143/18 158/16
159/7 159/10 160/7 194/2
prosecutions [1] 215/7
prosecutor [9] 21/14 92/25
163/7 163/24 164/17 165/11
174/6 198/9 216/20
prosecutors [6] 14/23 41/4
44/22 98/4 137/8 137/20
protective [2] 123/12 123/13
protocols [1] 47/3
prove [11] 71/25 170/4 170/5
179/24 179/25 188/6 192/1
192/19 198/3 218/8 218/10
provide [5] 25/3 87/11 99/25
136/5 140/11
provided [18] 119/23 119/24
120/10 134/7 136/1 137/7
137/19 138/14 139/22 140/2
142/24 143/10 143/16 146/4
174/1 196/17 211/4 218/12
pseudonyms [1] 201/11
PTF's [1] 38/19
public [1] 116/9
pull [16] 13/2 13/20 19/19
20/8 29/7 71/10 76/13 94/6
98/6 100/23 133/12 134/18
138/8 138/10 150/5 152/24
pulled [2] 72/12 72/15
pulling [2] 31/8 72/9
purchase [8] 55/22 147/3
181/5 181/21 182/1 183/2
183/17 183/19
purchased [2] 62/19 208/5
purchases [1] 159/16
purpose [8] 53/16 84/14
120/2 163/14 170/4 170/22
180/20 222/5
purposes [4] 70/5 111/7
120/3 204/20
purse [1] 58/11
pursuant [3] 6/18 213/3
224/4
pursue [2] 205/5 208/20
put [15] 46/14 46/20 58/12
111/9 113/14 120/8 120/8
133/17 137/11 137/13 144/21
182/8 189/10 222/22 222/22
puts [1] 27/25
putting [1] 216/24
Q
QLA1232021 [1] 30/21
QLA1232021-04 [1] 30/21
Quality [1] 145/21
quarter [1] 79/19
queries [1] 95/12
question [80] 7/19 7/21 8/13
8/13 8/14 12/3 18/9 19/9
22/5 22/6 25/16 26/19 40/21
40/23 41/3 42/8 42/11 43/2
48/1 48/18 52/25 54/13 55/9
55/14 60/3 68/16 68/18 70/16
80/18 83/11 83/11 83/17 84/3
84/22 84/22 84/24 91/22
91/23 92/4 92/21 98/19 99/16
99/20 100/12 102/21 115/17
115/25 118/5 123/10 129/16
136/10 139/11 140/7 140/23
145/9 145/12 146/1 147/22
148/10 148/25 149/18 153/3
155/11 169/20 169/22 170/6
171/3 171/6 174/3 174/21
177/8 178/13 186/3 186/19
188/5 188/7 192/17 195/2
207/12 208/14
questioner [2] 92/5 92/6
questioning [2] 66/12 160/14
questions [25] 19/10 24/6
44/17 44/18 47/6 66/14 67/2
68/13 68/15 79/1 87/7 88/12
90/17 90/22 91/12 92/3 93/7
104/4 123/24 124/18 155/25
162/16 162/19 187/9 187/14
quick [2] 107/3 215/23
quickly [4] 67/21 114/10
142/22 206/3
quite [3] 58/25 92/17 207/24
quiz [1] 76/18
quote [9] 8/13 91/6 117/21
121/14 161/11 167/17 193/21
194/19 220/21
quoted [2] 121/9 121/16
quoting [2] 117/20 117/25
R
raised [6] 83/12 88/22 93/3
93/4 93/4 93/6
raising [1] 84/21
Ram [11] 2/15 4/4 5/23 83/12
187/24 202/13 211/23 212/16
212/18 214/14 221/23
Ram's [1] 198/6
ran [1] 139/10
RANEE [2] 2/5 125/25
range [1] 73/25
rather [4] 95/20 100/2 100/7
198/15
reach [2] 78/22 92/3
reached [8] 79/8 87/10 88/6
151/24 152/1 152/10 160/18
185/16
read [15] 9/3 28/5 67/24
67/25 67/25 68/1 69/24 120/7
135/16 144/23 145/18 146/3
169/5 184/20 184/22
reading [1] 43/23
reads [1] 94/19
ready [9] 5/7 5/13 205/13
214/23 217/3 222/7 222/9
222/11 222/19
real [5] 107/3 122/3 146/25
157/23 169/23
realities [1] 214/21
reality [1] 167/18
realize [1] 89/11
realized [7] 78/3 98/20
99/22 100/14 181/10 195/11
201/20
really [17] 13/15 16/11
73/15 82/16 89/10 89/18
92/17 161/17 162/13 162/20
163/9 163/13 164/10 164/18
169/18 171/13 183/12
reason [10] 86/15 163/9
174/3 176/18 177/12 191/13
193/8 195/18 212/8 220/18
reasonable [2] 208/24 212/5
reasons [5] 34/22 85/23
86/11 173/5 174/2
rebuttals [1] 189/10
recall [118]
recalled [1] 72/24
recalls [2] 152/7 173/19
receive [1] 82/1
received [27] 14/11 22/14
41/14 71/2 80/1 80/1 80/3
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received... [20] 91/24 96/4
97/9 100/10 100/17 102/2
110/13 115/23 120/1 122/12
132/18 137/3 151/18 167/19
169/19 171/5 182/14 196/8
210/20 215/11
receiving [4] 50/4 66/2
108/25 181/17
recess [6] 79/18 79/20
124/25 156/6 157/11 211/15
recitation [1] 119/7
recited [1] 91/13
recognize [12] 19/10 31/10
61/4 89/12 94/10 98/9 101/2
102/14 102/15 133/20 138/14
151/7
recognized [8] 19/6 19/6
19/15 19/20 20/1 77/22 78/5
78/8
recollection [21] 49/19 50/1
50/8 76/2 83/20 84/8 84/12
92/2 92/5 92/10 107/11
107/24 108/1 108/15 111/3
113/16 166/3 173/13 185/11
185/17 206/18
recommendation [1] 82/17
record [16] 5/18 14/12 22/4
59/8 60/22 67/8 93/15 104/13
106/20 114/13 120/18 125/4
125/20 141/12 167/10 204/1
recordings [1] 175/13
records [27] 8/21 22/11
22/14 101/23 101/25 102/20
110/2 116/7 116/8 145/25
150/15 150/17 160/20 178/25
179/1 182/10 182/14 201/4
201/15 204/19 208/3 209/17
209/17 209/17 209/21 209/23
210/1
recreate [1] 6/13
recuse [1] 93/1
recusing [2] 124/8 124/16
Redline [2] 43/15 119/18
refer [7] 9/23 110/23 160/24
166/24 175/20 202/2 213/22
reference [22] 43/21 44/5
85/5 109/11 117/5 117/10
117/13 117/14 117/14 117/16
118/6 120/20 121/1 121/7
121/9 122/11 122/22 122/25
135/18 137/25 138/9 146/2
referenced [14] 39/13 74/4
76/5 84/13 108/21 135/22
135/23 137/8 139/4 139/17
140/4 142/8 142/11 151/11
references [6] 21/12 22/12
120/16 120/19 146/12 216/16
referencing [8] 71/6 77/24
108/18 109/5 135/20 138/19
148/19 149/7
referred [1] 56/11
referring [19] 9/14 52/19
76/8 107/5 119/13 119/16
119/17 120/14 120/15 120/19
121/22 136/13 136/19 142/3
142/8 166/21 185/14 200/2
214/1
refers [1] 170/25
reflected [1] 36/1
reflecting [3] 38/12 116/8
116/10
reflects [1] 15/2
refresh [2] 60/14 210/18
refreshed [1] 45/17
refreshing [1] 166/2
refreshment [1] 113/16
refusal [3] 161/21 184/12
185/7
refused [6] 160/4 163/22
163/23 164/14 164/15 186/8
refute [2] 59/16 163/15
regard [3] 49/5 175/15
206/15
regarding [15] 50/14 55/8
80/2 80/4 80/15 81/2 81/9
82/2 83/23 103/17 109/16
117/7 119/18 121/5 156/11
regards [1] 131/20
Region [1] 95/22
registered [9] 10/19 27/6
27/9 30/14 31/16 62/15 69/15
153/7 154/12
regulations [1] 224/8
reinstated [1] 206/1
reiterate [1] 222/18
relate [8] 55/16 130/22
131/1 131/3 131/6 131/10
143/7 167/13
related [26] 6/17 13/10
43/15 45/12 45/13 48/25
53/22 54/16 79/6 84/5 85/10
85/11 87/12 90/1 101/14
106/3 123/21 124/1 126/14
127/18 137/18 154/7 170/20
197/11 199/21 211/9
relates [1] 44/21
relating [2] 20/2 45/2
relation [1] 84/11
relative [1] 177/18
relay [1] 75/25
released [7] 25/6 25/10
136/24 137/1 153/15 188/24
188/25
relevance [9] 48/11 78/5
78/8 86/3 99/13 123/22 127/5
128/20 130/19
relevant [28] 10/23 26/20
27/12 27/16 28/19 35/15 37/5
37/8 38/7 39/25 40/12 43/22
44/10 44/18 58/4 66/11 66/15
94/4 96/17 96/19 96/20 100/4
123/25 130/22 143/25 144/16
145/16 192/14
relied [1] 159/23
relief [1] 62/19
rely [4] 90/9 91/10 193/10
218/11
remaining [1] 209/12
remarks [1] 157/15
remember [40] 7/13 7/23
19/21 21/18 21/20 21/25 22/8
34/18 34/25 35/1 37/11 40/8
73/10 73/19 74/5 74/6 74/10
74/10 75/17 75/18 77/7 78/25
82/4 85/13 85/15 88/2 90/19
91/22 91/23 116/13 122/15
130/4 164/2 191/2 191/4
191/13 191/14 192/7 206/25
207/1
remembers [2] 44/17 149/17
Remind [1] 175/7
remove [2] 104/14 213/4
repeat [2] 101/9 115/25
repeated [1] 161/8
rephrase [2] 73/17 112/12
replacing [1] 124/8
reply [2] 199/9 215/2
report [18] 20/14 27/25
30/23 30/24 31/3 31/7 34/20
34/21 56/12 58/14 70/11
70/12 74/24 75/1 75/2 103/12
152/6 153/16
reported [1] 224/6
Reporter [1] 1/20
REPORTER'S [1] 1/13
reports [19] 14/10 25/5
25/21 41/18 41/22 42/1 42/21
103/2 103/14 103/17 109/6
116/6 116/6 167/19 202/13
202/15 207/16 212/7 215/11
repositories [1] 25/18
represent [6] 30/25 31/6
69/14 102/16 113/22 138/12
representation [1] 167/21
represented [1] 203/18
representing [1] 59/22
request [15] 11/14 15/12
23/21 44/7 44/11 45/5 70/3
100/8 102/21 141/17 142/23
143/20 172/3 222/18 222/21
requested [5] 97/22 97/25
166/17 168/11 210/21
requesting [1] 151/19
requests [1] 101/19
required [1] 198/14
requires [1] 185/21
rereviewed [1] 89/12
research [1] 9/18
residence [2] 75/24 136/21
residences [1] 62/18
residential [1] 69/8
resolves [2] 188/21 190/18
respect [11] 83/19 157/20
162/3 166/15 173/10 183/2
195/21 201/7 205/5 205/6
214/9
respects [1] 169/16
respond [8] 8/9 8/17 171/6
171/8 184/7 186/25 211/24
214/14
responded [3] 65/25 66/2
135/10
responds [2] 34/1 194/5
response [13] 22/19 33/14
76/11 80/12 80/21 83/1 86/14
135/12 160/20 165/13 168/9
171/4 171/10
responses [2] 90/22 101/19
responsibilities [1] 111/25
responsibility [2] 59/16
71/17
responsible [1] 106/11
responsive [1] 108/5
rest [5] 95/24 144/17 144/19
210/3 218/18
restrict [1] 35/4
restrictions [1] 46/20
result [11] 69/8 80/25 83/1
152/22 209/8 209/15 209/20
209/23 214/10 214/11 221/22
return [3] 139/7 144/17
146/8
returned [2] 144/19 205/18
returning [3] 50/15 129/3
146/11
returns [1] 6/12
revealed [2] 159/6 221/2
reveals [1] 216/22
Revenue [1] 101/20
reverse [9] 87/11 87/17
87/25 162/22 217/20 218/15
219/14 220/19 221/7
review [69] 6/5 12/17 15/21
16/4 16/7 16/9 23/18 23/21
24/2 24/20 25/12 26/6 26/20
28/13 36/15 37/18 38/5 38/6
41/15 42/21 42/23 43/1 45/11
45/13 49/21 54/4 54/10 59/23
60/20 68/21 68/23 69/4 69/10
69/17 70/3 70/5 70/7 72/16
72/17 75/14 76/7 76/11 78/11
80/14 97/17 98/15 100/10
103/7 107/11 108/7 110/15
111/2 115/24 116/2 118/17
136/11 149/8 153/5 154/24
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review... [10] 155/11 155/20
166/2 184/5 190/13 192/12
192/16 197/7 213/14 217/3
reviewed [74] 6/7 6/11 12/6
12/12 16/2 17/23 18/24 20/18
22/24 23/3 26/2 26/25 34/9
34/10 35/6 36/9 38/3 38/13
38/15 39/3 39/15 41/11 42/13
42/16 42/18 43/3 54/1 69/20
70/16 70/17 89/14 97/8 97/12
101/11 103/15 105/6 105/16
106/23 107/8 107/14 107/16
109/6 110/6 110/10 110/16
110/21 113/4 113/7 116/4
116/5 116/7 132/17 132/21
134/6 134/6 136/8 136/14
136/17 149/16 149/21 151/4
154/17 185/25 189/2 190/3
190/8 190/14 191/18 192/4
192/11 192/19 196/24 218/18
218/19
reviewing [33] 8/20 15/22
19/5 19/14 22/22 26/12 28/14
34/20 40/17 41/7 41/8 42/8
42/14 46/14 60/13 69/23
72/19 72/24 76/20 76/23
99/18 100/14 101/19 101/22
107/1 109/15 110/22 141/18
149/24 150/11 154/21 190/10
192/7
reviews [2] 110/24 110/24
revving [1] 222/6
rhetorical [1] 193/7
Rich [10] 65/4 71/9 73/23
74/9 74/12 74/15 75/3 75/6
159/15 212/24
Richard [51] 1/9 7/8 8/4
8/22 9/2 9/6 9/7 9/14 9/19
10/18 10/20 14/4 21/10 22/25
31/12 31/13 31/18 56/15
70/18 75/22 77/1 77/6 77/8
77/13 77/17 85/20 86/12
86/16 96/16 120/20 120/22
121/21 131/6 138/2 138/9
145/22 145/23 148/15 148/20
153/11 155/19 161/10 175/16
178/23 195/24 200/13 200/20
200/24 201/20 201/23 212/22
right [139]
risk [3] 90/1 176/19 185/22
river [1] 176/23
Robinson [1] 209/10
Robinson's [1] 194/24
robust [2] 191/24 193/5
role [4] 55/16 56/1 158/11
209/19
Romero [2] 32/18 76/14
room [2] 129/9 163/23
Rosamond [1] 147/12
Rotary [1] 134/2
rough [1] 216/1
roughly [9] 10/11 10/14
13/25 18/15 19/3 20/24 22/23
37/18 190/2
routine [1] 46/23
RPR [1] 224/12
ruling [3] 40/14 45/6 222/20
runs [1] 194/20
Runyan [6] 180/23 180/24
181/1 182/11 182/23 183/16
Rush [1] 172/18
Ryan [1] 3/7
S
Sabala [1] 119/20
safeguards [1] 46/13
said [61] 8/9 10/6 15/17
26/19 26/20 35/1 37/6 39/20
41/10 41/17 45/7 46/15 48/14
50/2 50/23 53/7 64/3 66/9
77/10 77/18 91/5 97/14 97/25
98/14 100/21 103/9 107/10
113/3 122/10 129/8 129/16
132/21 133/1 135/13 138/20
152/11 157/9 159/25 160/10
169/3 174/11 174/25 177/10
185/10 186/4 186/9 187/4
189/6 189/13 189/17 190/24
191/1 192/6 196/2 197/8
200/23 201/3 201/9 203/24
211/18 218/19
Sambatyan [1] 209/22
same [29] 5/9 16/25 18/9
19/16 20/5 34/4 40/17 41/7
41/7 42/9 45/5 59/6 64/7
83/14 86/1 86/21 88/21
100/11 105/13 129/16 135/3
139/21 140/22 155/11 183/18
189/12 190/12 207/23 209/21
San [2] 2/20 3/6
sat [1] 196/11
saw [27] 17/4 19/7 20/5
20/18 20/20 20/25 36/24 70/9
70/12 103/11 145/14 146/4
147/24 148/9 148/19 149/4
149/17 149/18 149/19 153/14
159/10 159/23 160/2 160/8
160/16 194/1 194/18
say [89] 8/11 9/5 11/5 15/9
17/22 18/18 25/18 25/25 26/5
26/11 26/13 28/6 29/9 31/18
32/19 35/14 35/22 35/22
39/22 42/16 43/6 43/14 46/9
68/4 68/9 69/2 71/4 74/21
75/16 78/5 80/20 80/24 86/4
92/22 95/2 95/7 95/14 96/7
96/15 96/19 103/23 107/5
112/22 113/10 114/1 114/4
117/14 119/5 120/12 122/6
123/7 126/13 135/13 135/14
137/2 137/17 141/9 146/25
147/7 147/15 150/8 150/14
150/16 151/23 153/24 154/6
155/22 156/18 158/6 162/23
163/17 166/13 169/17 170/2
171/1 183/9 184/9 185/10
185/20 190/21 190/23 190/24
191/7 197/12 199/4 204/4
213/21 214/25 220/21
saying [14] 9/7 64/4 75/18
103/20 142/14 174/19 175/24
180/22 199/25 200/2 200/5
201/7 201/13 213/23
says [36] 14/3 29/25 30/11
33/4 33/11 33/18 33/23 34/5
38/6 39/11 61/13 62/9 77/25
98/16 98/17 118/9 134/12
135/4 143/3 145/4 145/14
145/18 145/18 146/21 147/11
149/18 151/15 151/17 153/11
161/13 171/8 182/25 194/5
195/16 195/20 221/8
SBA [3] 36/21 95/5 95/22
SBA's [1] 100/8
scanned [2] 70/1 105/11
scheduled [1] 67/18
scheme [1] 63/11
schemes [1] 219/12
scope [5] 81/9 94/17 94/20
95/16 96/23
SCOTT [3] 2/7 60/23 60/24
screen [12] 13/4 21/15 27/12
28/7 28/8 30/19 61/12 65/2
109/24 149/4 149/12 180/12
scroll [10] 30/17 32/18 98/7
100/23 113/25 113/25 122/8
133/25 134/10 137/14
scrolling [2] 16/13 114/10
seal [1] 189/15
sealing [2] 70/3 70/5
search [24] 54/24 54/24 55/2
55/15 55/25 56/15 65/23 69/8
117/18 118/7 118/9 136/20
146/20 147/16 147/19 147/24
148/1 149/13 194/12 208/17
213/3 216/19 216/21 217/2
searched [1] 118/15
searches [4] 24/24 56/19
95/11 173/17
seat [1] 93/14
seated [2] 104/11 125/2
second [23] 5/8 18/6 45/11
61/21 72/8 77/18 95/7 102/12
114/5 137/7 138/24 144/13
166/13 171/13 172/11 182/7
182/9 194/15 197/17 198/23
214/1 215/3 217/12
secondary [3] 8/24 11/12
14/4
seconds [1] 187/1
Secretary [1] 116/12
Section [1] 224/4
Security [2] 65/12 159/18
see [85] 10/3 11/17 11/19
13/4 16/19 16/20 16/21 21/15
21/21 29/6 29/18 29/23 30/19
31/3 31/21 34/7 35/4 36/3
38/13 42/2 45/8 58/20 61/25
62/9 63/19 65/10 66/3 73/7
73/11 73/21 77/23 87/5 94/9
94/12 95/5 95/12 99/10
102/22 106/2 109/14 109/16
109/21 113/17 117/23 121/23
122/1 123/24 130/1 134/11
134/12 134/20 134/20 134/21
135/4 135/8 137/16 137/20
138/3 138/25 141/19 141/22
141/25 142/13 142/15 144/24
146/17 146/22 147/11 149/6
151/16 153/4 153/12 154/9
168/13 169/19 170/8 176/22
179/4 180/13 180/22 185/16
193/15 210/23 216/13 222/5
seeing [5] 74/10 140/6
148/10 149/5 186/12
seem [2] 43/22 122/18
seemed [1] 75/8
seems [4] 32/23 34/18 167/5
202/14
seen [10] 108/10 140/1
147/20 160/21 167/8 184/14
184/17 189/16 193/19 217/13
sees [3] 197/10 206/10 220/5
seized [27] 12/1 12/4 18/25
19/3 22/25 23/22 25/22 46/19
83/15 103/3 103/8 103/11
118/11 126/17 127/23 133/3
135/19 135/24 136/20 140/19
154/15 155/10 155/19 194/12
208/7 213/2 217/1
select [4] 17/6 74/25 75/4
78/10
selected [10] 70/19 70/20
70/23 70/24 74/22 78/6 82/7
213/10 213/11 213/12
self [1] 75/5
send [9] 24/19 33/18 34/2
36/12 38/19 39/19 40/2 45/19
46/4
sending [1] 38/22
sends [1] 195/14
sense [7] 103/11 126/9
126/10 131/19 164/18 191/14
219/15
sensitive [1] 70/2
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sent [32] 24/7 24/15 24/18
33/11 38/1 39/12 39/15 39/24
43/14 46/7 65/24 74/18 74/20
76/6 76/12 78/10 94/9 94/12
95/9 96/22 98/12 107/12
123/18 134/21 134/23 171/1
173/3 194/20 194/24 196/20
197/15 197/18
sentence [5] 41/25 77/24
122/3 144/24 184/24
sentences [2] 122/14 144/25
sentencing [2] 222/18 222/19
sentencings [1] 222/23
separate [5] 35/25 36/1
87/11 87/13 100/22
separately [2] 42/4 119/19
September [4] 181/9 182/14
200/17 205/3
September 15 [1] 181/9
sequence [2] 49/20 185/17
serious [1] 166/14
serve [1] 22/10
served [2] 22/17 199/17
serves [1] 95/21
Service [7] 101/20 180/23
180/24 181/1 181/19 182/23
183/17
services [4] 99/1 100/4
182/11 182/13
session [1] 128/13
set [19] 57/10 59/25 61/7
61/12 70/17 77/14 77/22 78/4
105/9 107/8 123/2 132/21
134/7 146/18 167/12 186/1
201/24 202/8 206/14
sets [3] 77/4 77/12 167/11
setting [2] 179/3 197/3
seven [8] 18/17 18/22 18/24
20/24 34/5 34/25 197/5
209/12
several [6] 43/9 95/15 138/6
150/13 178/4 188/14
share [6] 36/14 103/23
130/18 154/1 155/6 193/14
shared [16] 9/19 9/20 44/22
98/3 103/19 153/18 153/21
153/22 153/23 154/3 155/3
155/8 155/14 155/23 188/5
194/25
sharing [1] 115/20
she [60] 11/15 33/18 56/21
57/21 58/12 58/12 58/16
58/21 58/23 59/1 59/5 59/9
59/9 64/3 64/13 65/25 66/2
82/7 84/8 84/10 151/18
152/11 152/11 152/16 158/3
158/6 158/11 158/17 159/1
159/13 159/14 159/15 159/17
159/20 161/10 166/9 166/11
172/5 172/9 172/10 172/11
176/20 176/22 176/24 177/1
177/2 179/7 179/8 179/9
179/11 179/12 179/15 179/18
180/25 181/19 181/19 181/21
182/11 182/19 195/1
short [6] 29/10 128/8 156/6
188/3 190/17 222/21
shorthand [1] 19/6
shortly [3] 13/18 89/20
206/25
shot [3] 30/19 109/24 149/12
shots [3] 27/12 28/7 28/8
should [31] 15/9 21/21 22/9
29/9 39/2 58/24 70/21 71/20
86/8 86/23 91/16 103/6
104/14 108/15 117/14 122/20
135/7 144/19 156/16 156/22
164/14 165/3 165/6 166/10
166/25 177/13 187/6 187/19
195/16 195/25 213/22
show [19] 35/12 60/25 61/18
137/12 139/24 140/1 141/14
166/5 179/18 180/21 182/5
185/6 189/3 189/23 192/18
198/15 200/19 202/7 202/9
showed [11] 36/2 134/1 134/3
145/13 159/13 159/15 159/16
159/20 166/8 166/11 172/8
showing [11] 53/19 64/18
71/12 76/19 94/8 179/21
182/19 186/7 191/24 201/16
205/3
shown [2] 36/5 178/17
shows [17] 59/8 61/13 61/22
147/21 171/20 180/7 180/9
180/17 181/19 182/11 203/1
203/5 204/8 204/15 214/9
217/15 217/16
sic [2] 16/18 50/25
side [2] 36/2 138/12
signatory [4] 179/9 181/3
182/24 183/1
significance [6] 30/6 62/12
63/5 66/10 140/12 140/13
significant [7] 54/7 54/11
86/6 116/4 120/7 197/25
207/16
signing [1] 54/2
Silverman [5] 2/21 4/6 4/10
67/13 104/22
Simbatyan [4] 81/16 81/20
82/5 82/9
Simbatyan's [1] 81/24
simple [3] 43/2 100/1 188/8
simplest [1] 193/8
simply [5] 100/6 139/11
184/10 189/4 218/12
since [18] 9/9 47/22 48/9
49/14 125/12 125/22 126/5
127/14 129/4 130/7 131/17
132/7 140/3 163/8 217/25
217/25 218/1 218/2
single [7] 73/5 73/8 192/7
192/19 192/20 196/5 200/18
sir [4] 39/9 93/22 104/7
156/3
sister [13] 56/7 151/19
151/24 152/2 152/3 152/11
152/20 181/13 181/15 181/24
182/2 183/3 183/17
sit [4] 28/15 130/10 169/13
192/3
site [1] 186/19
sitting [3] 113/12 119/5
125/18
situation [1] 162/22
situations [1] 182/3
six [5] 18/18 59/6 102/18
197/5 215/21
slash [1] 95/12
slightly [1] 68/19
slowly [1] 168/24
small [1] 211/1
smaller [3] 77/20 77/20
77/21
smart [4] 28/1 28/4 59/12
62/3
Smbatian [1] 80/8
so [257]
Social [2] 65/12 159/18
sole [4] 179/9 181/2 182/24
183/1
solely [1] 15/1
Solutions [2] 106/7 106/16
Solutions' [1] 106/13
some [67] 6/3 8/17 12/7 17/4
17/6 19/7 19/15 22/6 26/16
27/12 28/6 35/19 37/14 37/21
38/7 43/8 44/17 48/21 50/3
52/21 59/7 61/3 63/9 65/14
71/16 78/14 82/24 84/8 85/15
87/20 88/5 95/9 96/3 98/3
109/10 110/6 110/8 110/16
120/7 146/25 148/5 150/19
152/18 157/9 157/24 166/7
166/14 166/15 170/7 185/3
185/6 185/21 187/6 187/14
187/15 193/23 195/6 199/5
204/18 206/8 217/22 218/4
218/4 218/23 219/22 220/3
222/2
somebody [8] 90/23 103/19
103/20 151/4 151/6 153/21
153/22 178/3
somehow [2] 212/19 222/9
someone [5] 47/2 146/13
148/8 174/13 190/21
someone's [1] 16/21
something [25] 35/1 35/2
51/24 59/10 70/13 73/7 82/16
85/10 85/13 103/23 117/20
130/23 140/20 157/2 170/1
178/10 183/9 184/6 186/7
189/7 190/23 201/10 203/10
212/19 213/23
sometime [3] 53/11 72/21
194/9
sometimes [3] 24/5 51/24
99/10
somewhat [1] 187/24
somewhere [2] 100/15 122/19
soon [2] 204/9 206/4
sorry [23] 9/20 10/17 13/9
17/12 18/21 18/21 29/22
30/11 30/21 38/24 45/10 46/4
64/8 64/10 76/1 76/16 88/19
101/8 105/21 121/19 138/9
141/20 206/21
sort [8] 67/23 75/5 81/1
87/6 190/21 211/18 214/11
214/11
sought [1] 176/5
sound [3] 102/9 145/7 145/8
sounds [3] 189/16 189/18
207/5
source [8] 9/18 158/11 189/9
189/18 193/16 193/17 213/8
217/15
sources [11] 115/23 116/2
116/4 123/3 137/25 159/3
188/15 195/6 195/22 195/23
198/18
Southern [2] 172/20 173/2
speak [10] 48/19 48/20 64/5
75/4 81/5 82/10 83/23 84/2
131/20 152/4
Spear [1] 2/20
Special [24] 97/3 97/10
100/17 100/22 114/22 114/23
116/24 116/25 134/7 137/3
151/20 174/1 175/10 177/9
181/9 185/12 185/15 186/11
187/2 187/3 200/22 201/8
201/13 201/21
specifiably [1] 130/2
specific [20] 16/8 68/16
75/7 78/13 84/17 84/23 88/2
96/8 107/18 115/16 117/13
120/14 126/7 166/8 171/22
192/5 203/14 206/18 209/2
209/13
specifically [56] 19/18
21/18 22/3 30/7 30/23 31/15
36/13 36/16 38/14 40/1 41/19
53/11 54/14 64/2 64/11 66/22
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specifically... [40] 66/23
70/6 71/22 72/15 72/22 73/4
74/11 75/1 76/3 77/14 78/18
84/22 85/12 90/18 90/21
105/16 107/6 109/4 110/9
116/21 117/7 118/7 119/1
119/8 120/15 127/17 129/21
147/4 153/23 160/24 161/8
166/11 166/19 166/24 168/15
172/12 192/8 192/9 194/1
203/21
specifics [5] 127/19 128/24
130/4 131/22 188/18
specify [1] 14/14
speculation [2] 104/2 109/9
speed [5] 67/21 67/24 89/16
105/7 105/14
spell [5] 5/17 67/7 93/15
104/12 125/3
spend [2] 183/21 193/22
spending [1] 161/14
spent [6] 6/3 15/22 42/22
116/8 156/23 207/19
spoke [9] 11/22 48/15 48/23
68/2 75/10 87/13 125/22
131/19 136/3
spoken [6] 47/22 48/2 48/9
125/12 125/15 152/20
Spring [1] 2/7
stage [2] 161/18 192/20
stages [1] 163/5
stamp [1] 39/17
stamped [1] 111/21
stamps [1] 135/15
stand [20] 164/23 167/15
173/13 175/1 176/12 177/10
179/20 186/8 186/8 187/15
188/11 190/9 191/12 192/3
192/6 193/20 196/16 196/23
217/22 222/14
standard [9] 165/2 165/4
165/9 177/16 192/1 198/3
198/7 202/8 218/13
standards [2] 192/23 219/23
stands [1] 185/9
star [3] 196/9 196/9 196/11
start [9] 10/15 33/1 33/2
43/12 75/14 79/9 135/2
165/17 200/11
started [6] 10/11 46/16
76/22 87/17 222/1 222/4
starting [2] 188/16 189/1
state [8] 5/17 67/7 93/14
104/12 116/12 125/3 209/5
209/9
stated [6] 103/9 105/11
107/17 117/9 121/18 222/9
statement [4] 7/12 7/14
58/14 94/1
states [14] 1/1 1/4 1/6 2/3
11/11 48/5 56/6 57/3 72/9
140/14 198/12 198/18 224/5
224/9
stating [2] 121/24 132/17
stay [4] 20/7 102/12 177/4
190/20
stenographically [1] 224/6
step [6] 37/4 156/3 198/25
198/25 199/12 199/12
STEPHEN [1] 1/3
steps [3] 70/14 150/19
152/18
Steptoe [3] 2/16 2/19 2/22
still [8] 26/12 78/14 95/25
169/21 169/24 175/4 207/2
218/16
stolen [7] 64/14 183/1
183/16 183/21 208/4 208/7
210/5
stood [1] 170/1
stop [21] 11/8 11/8 14/1
14/8 50/19 51/10 56/9 57/13
63/8 83/16 96/24 97/2 97/3
126/18 138/3 145/19 166/10
181/25 204/14 210/2 216/15
stopped [5] 8/24 50/5 87/21
182/19 201/1
stories [1] 185/13
story [1] 190/12
Stout [3] 194/25 194/25
195/2
straight [5] 99/11 99/21
113/23 163/19 185/13
strategy [9] 82/15 91/21
92/1 160/13 194/1 194/14
219/19 221/5 221/5
Street [4] 1/21 2/7 2/16 3/8
strictly [1] 16/12
Strike [1] 76/1
string [2] 32/2 32/3
strings [3] 28/19 29/3 29/19
strong [3] 162/7 162/10
192/14
strongest [2] 51/7 198/21
structure [1] 29/23
stuff [5] 71/2 75/18 75/20
75/20 130/4
subcategories [1] 71/23
subfolder [1] 30/20
subfolders [2] 30/2 30/4
subject [10] 65/18 76/25
83/5 94/16 94/19 135/3 164/1
200/11 200/12 201/18
subjects [5] 164/1 178/21
200/23 201/16 204/13
submission [12] 133/19 168/2
168/4 168/5 168/8 181/8
182/21 188/10 199/8 200/15
204/12 209/13
submissions [5] 69/24 178/18
200/4 209/2 212/4
submit [7] 70/14 114/12
165/6 166/18 198/1 203/9
221/13
submitted [23] 7/25 8/5 8/10
23/20 70/13 110/19 140/4
143/7 166/1 166/22 167/20
168/11 172/14 182/20 184/13
189/10 189/19 206/11 210/5
210/17 212/12 213/9 222/14
submitting [2] 132/14 157/6
subpoena [8] 6/12 22/10
22/17 22/20 108/5 135/5
216/12 217/16
subpoenaed [2] 110/1 160/19
subpoenas [7] 135/7 194/21
215/17 216/11 216/14 216/14
216/17
subsequent [3] 12/9 14/5
50/6
subsequently [3] 56/7 56/9
97/22
subset [7] 35/18 35/23 77/23
110/6 110/8 110/20 110/21
subside [1] 222/1
substance [7] 37/14 64/15
87/20 88/5 128/3 132/8
164/10
substantial [3] 113/10 212/5
216/14
substantially [9] 178/19
202/10 205/8 207/8 214/18
214/19 215/1 215/4 217/9
substantive [2] 48/7 48/25
succeed [1] 177/13
success [1] 90/1
such [3] 24/24 54/13 209/18
sufficient [1] 183/25
sufficiently [3] 40/12 44/9
130/22
suggest [5] 75/13 92/24
124/7 143/13 183/25
suggested [4] 87/14 187/11
187/13 220/25
suggesting [3] 167/18 170/7
171/25
suggestion [2] 87/16 222/8
suggests [2] 219/6 219/7
Suite [5] 1/21 2/17 2/20 3/5
3/8
sum [1] 158/8
summaries [6] 115/22 116/2
119/17 119/18 119/22 140/3
summarizing [1] 143/11
summary [29] 43/15 43/23
121/5 122/13 122/24 137/8
137/18 137/22 137/25 139/4
139/17 139/22 139/23 139/24
139/24 140/5 140/6 140/15
140/16 140/25 141/8 141/14
142/18 143/10 143/14 143/16
156/18 156/19 215/10
SUN [1] 2/6
superseding [40] 40/16 41/6
41/21 42/5 42/10 42/24 43/5
67/25 68/25 85/2 106/4 106/6
106/9 106/10 111/25 112/3
113/1 114/14 115/4 120/4
143/1 143/12 143/15 145/5
202/18 203/2 203/4 203/7
204/7 204/9 204/13 204/13
204/17 204/25 205/6 205/12
205/17 205/21 206/3 207/9
supervisor [1] 172/19
supervisors [4] 89/23 172/4
172/17 176/6
support [4] 123/14 161/12
166/18 172/22
supporting [1] 120/9
suppose [2] 55/18 111/4
supposed [2] 99/23 99/24
suppositions [1] 164/8
suppress [3] 57/15 110/17
110/18
suppressed [10] 36/7 52/17
52/18 52/22 52/23 69/16 90/9
90/14 90/15 91/11
sure [29] 10/24 18/19 19/13
25/9 26/6 26/18 37/23 41/1
43/25 60/11 68/11 68/18
68/19 75/19 96/10 101/10
101/22 108/4 117/25 120/18
121/19 121/23 126/18 132/4
136/7 152/9 153/21 153/21
169/12
surprise [1] 188/2
surrounding [1] 37/16
surveillance [1] 181/10
Susanna [1] 62/9
suspect [3] 51/8 51/11
216/15
suspected [1] 63/10
suspended [1] 205/23
sustained [5] 19/12 52/7
104/3 109/10 127/6
SVW [1] 1/8
swap [1] 192/10
swear [1] 176/7
sworn [6] 5/16 67/6 93/13
125/1 187/18 214/4
synthesize [1] 114/17
synthesized [2] 115/9 115/14
synthetic [6] 63/14 64/14
85/7 116/11 158/19 159/2
system [4] 57/7 57/8 57/9
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system... [1] 111/18
systematic [2] 81/1 81/8
T
T-I-M-O-T-H-Y [1] 93/16
tabbed [1] 143/24
table [3] 125/18 141/13
176/3
tag [1] 190/9
tailor [1] 157/15
taint [13] 52/11 52/13 89/12
191/19 191/23 193/5 198/14
198/22 217/25 218/3 218/16
219/17 220/9
tainted [43] 80/2 80/5 80/7
82/8 87/2 89/1 91/16 91/20
91/25 92/7 92/13 92/19 93/2
115/10 115/12 117/10 123/7
124/9 160/3 160/24 161/1
161/10 170/10 186/17 188/6
189/23 190/1 191/16 191/22
192/2 194/19 195/8 195/17
196/3 196/6 197/15 197/18
198/4 212/20 219/5 219/15
219/16 221/1
take [40] 7/20 13/19 17/11
17/23 18/12 21/6 21/14 21/20
21/25 24/1 28/8 28/12 34/4
37/4 39/2 39/6 54/10 64/17
79/18 86/8 86/23 92/25 93/14
102/25 126/4 134/9 134/18
137/5 152/14 156/6 156/21
157/17 164/21 164/23 176/22
176/24 183/16 185/21 190/9
222/16
takeaway [2] 156/12 157/19
taken [15] 20/2 59/25 97/3
107/9 122/23 123/1 133/2
138/20 159/4 159/6 174/8
178/12 180/21 181/25 213/1
takes [1] 27/25
taking [3] 17/14 57/17 129/2
talk [20] 11/7 23/15 23/18
26/24 46/13 48/6 49/5 50/22
55/21 119/6 127/17 128/15
128/17 128/25 129/17 130/5
160/5 185/12 190/25 209/21
talked [13] 23/11 49/6 49/7
49/11 49/14 55/19 132/4
150/20 150/21 154/8 209/23
217/12 217/13
talking [14] 16/20 29/6
34/12 34/13 34/14 94/25
113/2 124/10 162/8 164/1
169/20 194/2 199/16 212/2
Tam [1] 33/11
Tamara [31] 19/1 19/15 20/25
29/4 31/1 31/11 32/11 39/12
69/10 69/18 69/20 70/18 71/7
75/6 76/25 77/5 77/8 77/13
77/16 86/2 86/9 87/25 136/17
136/19 196/21 196/23 197/21
212/22 213/2 213/15 213/20
Tammy [4] 73/23 74/8 74/11
74/14
tasked [1] 96/2
taste [1] 190/21
tax [9] 116/7 180/23 180/24
181/1 182/11 182/23 183/16
220/23 220/23
team [56] 22/16 24/15 24/19
24/21 24/23 25/3 25/7 25/10
36/15 37/1 37/4 37/9 37/12
40/24 40/25 41/3 41/4 42/10
43/10 80/1 80/11 80/14 82/20
86/1 88/18 89/1 89/21 91/20
96/5 98/13 100/1 101/25
113/20 124/16 125/13 128/19
134/24 136/2 136/3 136/4
136/8 136/24 136/25 153/20
155/3 155/14 159/7 159/10
160/8 192/16 194/2 207/15
211/13 213/19 214/5 218/19
technical [1] 207/17
technicians [1] 24/13
telephone [5] 11/23 82/19
82/24 83/8 83/14
tell [17] 26/7 38/2 38/10
49/24 73/22 77/3 94/13
103/24 112/15 125/21 151/5
154/17 164/24 165/4 165/11
192/4 203/16
telling [4] 76/4 78/25 151/6
178/5
ten [7] 26/6 97/20 101/6
101/11 101/14 102/7 195/17
tend [1] 187/24
Tenth [1] 220/13
TERABELIAN [67] 3/3 8/4 8/15
11/10 14/4 50/5 54/16 54/21
55/9 56/4 56/12 56/14 56/19
57/3 57/10 57/11 57/20 58/10
61/18 63/8 63/10 63/23 66/20
80/8 80/18 85/9 85/11 85/11
96/16 131/8 155/10 157/20
158/9 158/17 158/24 158/25
160/1 160/22 161/5 161/13
164/3 166/9 167/14 170/19
170/20 171/1 171/17 171/25
173/8 173/11 175/12 175/25
176/16 177/2 179/2 180/2
181/17 182/13 182/17 182/25
183/3 183/4 200/21 200/25
201/5 201/20 201/24
Terabelian's [16] 54/25
55/16 55/21 56/1 56/7 65/5
65/24 157/25 161/3 161/4
167/14 168/17 173/24 175/22
181/13 186/6
terms [9] 83/15 84/17 84/18
84/20 86/24 90/5 124/15
128/24 221/4
territory [1] 57/14
test [1] 29/4
testified [11] 40/20 90/3
94/23 132/12 143/9 149/24
163/18 167/15 176/11 200/23
220/22
testify [2] 162/14 195/14
testimony [47] 6/20 7/6 10/8
41/14 42/23 49/1 53/3 54/5
82/14 89/9 91/5 106/20 127/7
127/10 128/3 128/9 128/12
129/13 131/10 131/13 132/9
132/11 150/21 160/6 163/21
164/9 168/15 169/16 171/20
173/25 174/1 177/9 185/12
185/19 185/24 185/25 187/7
187/12 191/11 192/6 198/10
198/10 203/12 207/13 207/14
213/22 220/7
text [113]
texts [2] 175/17 197/22
than [35] 9/10 13/25 26/2
26/5 26/8 42/1 59/11 68/6
74/3 100/16 114/1 136/15
136/16 156/14 158/13 160/11
161/16 164/4 164/11 170/8
172/9 177/23 178/8 183/25
195/3 197/5 197/8 208/1
215/16 215/17 215/21 215/25
216/1 216/2 221/18
thank [29] 15/9 47/19 50/25
53/8 56/23 67/2 67/3 67/4
76/17 87/5 93/9 103/13 104/7
118/4 124/18 124/21 133/9
139/14 146/7 146/10 149/20
156/3 157/14 165/12 165/16
186/23 198/5 214/15 221/14
Thanks [1] 221/15
that [1493]
that's [32] 10/6 28/21 71/24
72/11 74/23 83/3 89/4 95/1
96/14 97/4 97/19 98/23 99/6
105/2 105/8 105/15 105/24
106/1 106/18 118/13 121/6
121/13 122/5 124/5 168/6
168/19 188/2 203/16 205/19
212/23 212/25 214/8
theft [2] 97/24 161/5
their [38] 14/5 14/25 68/10
80/15 113/20 115/9 115/13
115/18 160/9 160/12 160/13
161/18 161/24 161/25 162/2
162/11 163/10 163/15 163/15
185/13 186/17 189/8 189/17
189/22 192/3 198/2 200/19
208/7 210/5 216/7 216/7
217/20 218/8 218/10 218/13
219/24 221/2 221/19
them [102] 11/21 12/13 23/10
24/1 24/1 24/19 25/11 25/20
27/23 27/23 27/24 28/22 34/6
37/11 38/1 38/2 39/23 41/15
41/19 41/23 42/13 42/14
42/16 42/17 43/1 43/11 44/17
62/4 63/9 63/9 64/12 68/14
70/3 72/16 74/24 78/2 88/6
97/13 99/11 99/21 100/10
100/16 101/3 103/15 110/15
110/16 111/9 114/8 115/9
115/13 115/16 115/19 115/21
116/16 120/1 125/20 125/21
126/20 126/22 136/14 139/10
139/21 140/4 140/4 140/10
147/17 148/14 149/16 149/18
149/19 149/25 159/11 160/9
160/17 160/25 176/22 176/23
176/23 178/2 182/5 182/6
184/17 184/20 189/9 190/3
195/23 202/2 202/16 202/17
208/11 209/8 209/9 209/15
210/1 211/4 211/7 211/8
213/20 214/18 217/21 218/21
218/25
themselves [5] 74/16 150/2
174/9 178/2 208/5
then [88] 6/12 8/8 8/13 8/17
8/23 9/9 9/17 9/21 9/22 12/9
17/6 18/1 18/6 18/7 24/18
24/19 25/2 25/2 26/6 29/15
29/24 30/23 33/14 35/13
38/16 38/18 39/24 40/4 50/6
55/2 55/11 56/3 65/13 65/14
70/14 72/21 77/21 78/2 87/18
87/21 88/23 97/8 135/13
135/14 149/16 151/24 152/3
152/17 152/22 157/10 161/4
166/5 169/10 171/1 174/8
176/5 176/6 176/9 176/24
177/21 179/7 179/8 180/24
181/3 181/5 181/14 181/21
183/8 183/17 183/20 186/17
187/8 188/19 188/20 188/21
190/21 195/4 196/18 204/22
204/24 205/12 206/22 206/22
213/10 215/20 219/16 220/5
220/6
theories [1] 164/7
theory [7] 66/24 82/13
159/21 159/25 161/12 186/10
186/12
there [186]
thereabouts [3] 202/21
206/19 209/5
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thereafter [2] 111/15 186/18
therefore [1] 86/17
thereof [2] 110/7 110/8
these [83] 7/24 8/10 8/15
9/22 21/21 22/1 27/13 30/2
31/11 34/18 34/23 35/3 35/6
35/14 35/18 36/5 36/6 36/19
37/5 37/8 37/16 37/20 39/19
45/10 57/16 61/4 66/10 66/16
74/22 75/1 96/2 96/8 98/14
98/21 100/13 105/9 108/16
110/23 110/24 120/4 120/10
120/13 120/14 120/16 130/6
130/6 148/11 150/11 160/8
160/10 164/15 164/16 169/18
171/5 173/16 173/18 174/2
177/16 177/21 177/22 181/20
181/23 182/13 183/6 183/6
192/23 198/7 202/13 202/14
202/19 202/23 204/22 205/10
205/16 206/6 206/13 207/7
207/13 207/15 207/18 208/9
210/3 211/6
they [188]
THIBODEAUX [2] 1/20 224/12
thing [12] 34/25 56/1 63/25
64/7 142/22 166/13 186/14
188/4 189/12 190/8 192/8
209/21
things [41] 16/17 35/3 51/20
51/21 57/16 57/17 66/10
66/16 75/21 76/3 78/14 97/21
116/19 117/18 122/6 127/2
127/3 130/15 130/21 130/25
131/3 131/23 144/24 165/23
166/16 166/17 166/19 166/22
172/21 174/9 179/20 179/23
182/1 183/2 183/19 187/8
190/19 207/23 211/9 216/23
222/4
think [107] 7/11 7/25 8/9
10/8 10/23 15/17 16/6 17/17
21/16 22/10 22/11 24/5 24/17
28/10 28/18 28/21 30/18
30/24 31/5 35/21 36/17 37/6
37/13 37/20 37/25 38/5 38/16
39/20 41/11 41/17 43/21 44/9
44/14 44/16 50/18 50/23
51/15 56/3 56/21 58/14 64/3
66/17 72/22 73/24 73/25
74/18 76/17 80/10 83/10 84/6
84/6 84/7 91/9 119/12 121/13
121/16 130/21 135/7 141/5
141/7 141/16 142/1 142/10
143/25 144/8 145/15 147/5
149/1 157/4 157/10 159/5
162/12 163/1 163/6 165/7
166/8 169/15 169/21 169/23
170/9 171/12 174/2 177/11
177/15 178/10 179/14 183/11
183/11 183/14 183/18 184/6
186/2 186/3 187/12 187/19
188/21 192/13 193/6 195/11
196/8 197/8 202/13 206/4
208/15 218/19 220/14 221/11
thinking [3] 52/24 79/3
135/13
thinks [1] 207/4
third [5] 18/7 18/9 100/24
110/5 152/25
this [351]
thornier [1] 84/9
thorough [1] 53/23
thoroughly [2] 54/20 57/15
those [107] 8/5 12/6 13/18
14/12 16/1 16/24 17/6 21/6
23/10 23/11 23/24 25/15
25/18 29/3 30/9 38/11 45/19
47/3 49/12 60/20 61/4 66/14
68/3 71/1 71/5 72/12 73/21
74/19 80/15 81/2 81/7 81/15
83/14 84/13 84/17 85/3 90/12
90/17 90/22 92/24 95/9 97/8
97/9 97/12 97/17 97/20 98/24
99/4 99/5 100/18 101/11
101/14 105/11 105/16 106/2
107/12 107/20 108/17 111/4
113/3 114/23 116/15 116/17
118/23 119/22 120/24 120/24
123/17 126/4 133/2 135/3
135/20 136/1 137/1 140/3
146/3 146/12 159/10 159/12
161/20 162/19 166/25 167/6
168/20 173/20 175/9 175/11
176/21 177/1 177/3 185/6
188/24 188/24 189/2 189/24
193/25 194/20 195/1 196/25
201/11 206/11 209/4 209/14
212/15 215/25 217/15 222/4
though [6] 96/12 99/21 177/6
207/13 210/25 218/24
thought [12] 6/13 20/4 27/16
35/15 78/18 79/4 108/13
108/15 164/8 187/6 187/15
201/9
thoughts [1] 164/7
thousand [1] 73/24
thousands [5] 25/23 25/23
178/4 190/1 190/1
three [40] 10/14 16/1 17/7
17/17 17/19 22/22 32/24
34/23 46/2 46/3 51/4 64/6
95/4 95/4 95/7 96/8 96/12
100/2 100/16 100/18 110/24
154/14 167/25 168/3 168/14
170/16 171/2 171/2 171/5
182/15 188/23 189/24 197/13
200/18 201/1 207/14 207/16
214/24 214/24 217/10
three-and-a-half [2] 51/4
171/2
three-month [1] 200/18
throat [1] 122/19
through [52] 8/16 12/13
16/13 24/23 32/18 38/11
47/24 49/3 52/11 52/15 57/7
61/3 70/13 74/1 79/9 82/14
95/11 106/14 113/24 113/25
113/25 114/10 118/25 119/9
144/17 153/1 157/25 166/7
172/15 173/20 176/9 178/17
179/4 179/6 180/14 180/23
180/24 189/13 189/16 193/19
196/12 199/4 199/5 200/9
200/15 200/17 209/12 210/4
211/14 213/17 222/15 222/16
throughout [2] 193/12 198/25
throw [1] 176/21
thrown [1] 89/17
THURSDAY [2] 1/16 5/1
tie [1] 211/8
ties [1] 212/13
till [1] 222/23
Tim [1] 36/21
time [83] 6/3 6/14 7/17
11/25 26/8 26/12 26/20 26/21
34/24 36/20 37/21 40/17 41/7
41/7 41/11 41/21 42/9 42/15
42/21 42/22 50/3 54/10 57/18
59/6 64/17 67/18 68/6 70/17
75/10 81/4 86/1 86/21 87/8
88/4 88/21 88/24 95/24 100/4
105/13 105/16 108/25 110/5
110/5 110/15 110/16 111/24
112/7 112/15 118/24 119/3
124/7 126/4 156/4 156/23
157/4 157/9 159/8 170/18
171/3 171/18 171/21 172/2
173/13 173/21 176/3 176/11
191/15 194/9 197/4 200/18
202/15 202/22 205/9 206/5
206/6 207/19 207/23 208/18
212/14 212/14 215/2 216/6
219/6
timeframe [3] 37/18 124/10
203/15
timeline [6] 38/10 49/6 50/2
50/8 50/19 50/24
Timepieces [2] 39/12 45/2
times [21] 26/2 26/5 26/6
26/9 26/11 26/19 42/2 42/18
53/20 64/6 96/11 111/1 111/4
112/21 132/22 132/24 138/6
188/15 197/8 214/24 214/24
timing [2] 40/13 221/19
TIMOTHY [3] 4/8 93/16 126/2
title [2] 145/4 224/4
titled [1] 134/14
today [13] 5/10 54/5 96/25
127/7 128/4 128/13 128/19
130/11 131/13 156/17 178/5
194/7 196/23
today's [1] 53/13
together [2] 162/15 178/25
toilet [1] 176/23
told [10] 51/14 63/25 133/4
178/7 191/25 196/24 198/2
213/18 213/20 215/23
too [4] 63/6 95/3 147/17
203/23
took [26] 11/8 16/1 17/6
17/15 17/16 17/17 17/18
17/21 19/8 19/16 20/21 24/17
27/12 28/6 70/14 74/24
108/12 113/11 114/8 151/13
162/5 174/13 174/14 187/15
196/18 222/3
top [17] 7/22 7/22 31/21
32/4 33/3 62/9 64/25 65/2
94/9 94/21 134/12 134/21
135/10 143/4 145/21 195/13
195/20
Topeka [4] 22/25 55/23 75/24
179/7
topics [4] 80/15 81/2 106/3
106/6
toss [1] 176/23
total [4] 17/9 132/23 158/8
216/1
touches [1] 197/9
towards [2] 153/10 204/9
Tower [1] 2/20
trace [3] 52/11 52/14 115/19
traced [1] 53/2
traces [1] 166/3
tracing [2] 157/23 180/17
track [1] 47/1
tracking [2] 46/20 181/12
tracks [1] 166/3
Tradings [1] 20/3
trail [2] 122/14 208/4
trained [1] 59/13
training [1] 52/3
transactions [1] 147/1
transcript [5] 1/13 8/8
121/23 224/6 224/7
transcripts [1] 68/2
transfer [2] 45/16 106/16
transfers [2] 9/23 10/1
transpired [1] 107/25
travel [1] 222/2
traveling [5] 11/11 57/3
57/9 64/3 64/13
tremendous [1] 158/10
trial [109] 34/18 35/19 36/5
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trial... [106] 64/6 67/18
68/2 68/4 70/17 71/18 72/18
72/18 76/12 79/6 80/1 80/11
80/14 81/10 81/10 82/5 82/15
82/20 83/19 84/25 87/13 90/7
90/8 90/14 91/9 91/21 92/1
94/23 101/7 101/15 102/4
102/13 102/17 122/15 124/4
124/11 124/14 127/1 127/2
127/3 129/20 129/21 129/23
129/24 130/3 130/16 130/17
130/25 131/22 131/24 135/6
138/6 159/8 160/12 162/18
163/5 166/6 180/7 180/16
189/17 192/22 194/1 194/3
194/5 194/13 194/15 194/18
195/3 196/12 197/5 197/6
197/23 205/13 206/14 206/16
206/17 206/20 207/10 208/22
208/25 210/7 210/19 211/14
212/9 212/10 212/11 213/14
214/10 214/10 214/23 216/18
217/14 217/18 217/20 218/15
219/17 220/20 221/5 221/7
221/13 221/22 221/23 221/23
221/25 221/25 222/6
tried [3] 6/18 53/25 164/5
Trontz [2] 7/16 7/22
true [7] 7/10 157/24 161/25
164/19 215/5 215/5 224/5
trustee [1] 152/2
truth [3] 164/24 165/5
165/11
truthful [1] 167/21
try [11] 6/12 51/12 70/4
70/11 70/12 122/17 142/17
206/3 222/7 222/11 222/15
trying [12] 7/18 60/25 68/16
71/18 73/17 83/10 86/5 89/16
127/16 141/13 141/16 156/21
Tuesday [1] 76/6
Turcan [2] 195/21 195/22
Turing [3] 106/7 106/12
106/16
Turks [1] 14/5
turn [6] 68/14 145/15 165/1
167/6 169/10 170/13
turned [4] 70/10 167/24
167/25 210/12
turning [3] 167/9 167/10
167/11
turns [1] 191/8
Twelfth [1] 2/8
two [79] 1/15 6/25 7/2 15/22
19/10 20/5 20/13 27/3 33/11
33/22 34/22 45/25 53/22 71/1
71/5 71/5 77/4 77/12 78/2
80/4 101/4 105/3 105/5
106/22 109/3 110/9 114/24
116/22 120/10 120/14 120/16
121/1 121/2 123/15 138/1
138/20 138/23 139/7 139/14
139/16 139/20 139/21 140/14
140/15 140/17 140/21 141/2
141/6 145/22 146/2 146/4
146/12 154/7 160/17 161/11
162/8 162/21 163/25 165/23
166/19 167/11 173/16 176/19
176/19 178/18 179/22 183/6
184/14 185/23 190/16 193/18
197/12 200/20 201/1 209/1
213/14 213/19 213/23 218/4
two-and-a-half [1] 201/1
two-fold [1] 176/19
tying [2] 85/6 164/3
type [4] 22/6 46/19 47/3
191/19
types [2] 85/3 90/12
U
U.S [3] 1/20 2/4 2/4
Uh [4] 11/9 39/18 42/3 91/7
Uh-huh [4] 11/9 39/18 42/3
91/7
ultimate [1] 44/18
ultimately [8] 12/22 16/1
22/16 85/17 106/3 197/22
202/12 210/22
unable [1] 88/7
unaccounted [1] 191/11
unaware [1] 97/15
unclear [1] 60/3
uncover [1] 95/10
undated [1] 143/5
under [12] 8/18 44/10 44/11
71/22 134/16 180/24 181/1
189/15 193/6 196/3 198/8
201/22
undermining [1] 165/20
underneath [2] 61/13 65/10
understand [13] 9/14 34/12
45/6 59/12 69/21 84/5 128/6
144/24 184/25 199/16 213/25
214/13 217/14
understanding [13] 68/10
74/23 78/10 78/11 78/15
78/23 80/20 83/25 90/18
120/3 123/16 154/13 173/13
understood [11] 26/18 43/2
48/16 53/19 59/15 70/25
76/23 77/5 118/17 157/3
211/25
underwent [1] 6/9
undisclosed [3] 193/22
193/23 193/25
undisputably [1] 195/7
undisputed [3] 34/19 189/23
217/23
unfamiliar [2] 39/21 41/23
unfolded [2] 115/19 187/8
unique [1] 62/5
UNITED [12] 1/1 1/4 1/6 2/3
11/11 48/5 57/3 135/14
198/12 198/18 224/5 224/9
unless [4] 95/10 130/22
184/6 207/4
unnecessary [1] 57/17
unquote [3] 167/17 193/21
194/19
unseal [1] 166/25
unsealed [1] 167/24
unsealing [1] 167/3
untainted [2] 195/8 195/23
until [11] 41/15 51/13 79/3
81/16 81/20 87/23 89/11
89/18 92/17 202/19 217/3
up [89] 12/14 13/2 13/20
16/21 16/21 19/19 20/8 22/7
24/9 26/17 29/7 29/22 31/8
32/4 33/21 35/1 39/7 41/22
42/17 43/4 57/10 57/17 67/21
67/24 68/24 71/10 76/13 79/1
79/2 79/5 79/6 79/21 81/16
81/20 85/14 87/23 89/16 94/6
98/6 100/23 102/4 105/3
105/7 105/13 105/20 106/19
111/12 113/14 117/24 118/1
133/12 134/10 134/18 137/12
137/13 137/15 138/8 138/10
139/7 141/24 142/25 145/4
150/5 151/16 152/24 153/1
154/5 157/22 160/23 166/4
169/1 169/2 170/1 175/19
182/8 193/14 194/21 195/16
196/1 204/5 205/12 211/21
215/2 218/9 221/10 221/21
221/23 222/6 222/13
update [1] 76/11
updating [1] 76/6
upload [1] 25/9
uploaded [19] 36/13 38/2
40/4 40/5 41/18 69/5 69/11
69/18 70/22 70/24 71/4 72/13
72/16 72/20 73/2 74/2 74/8
78/16 98/15
uploading [2] 72/10 75/18
upon [5] 75/25 76/1 90/9
91/10 100/14
us [19] 2/11 25/8 41/12
94/13 123/19 124/6 125/21
130/18 135/6 140/2 141/11
146/8 161/21 171/18 172/21
181/18 185/21 208/10 216/13
USAFX [12] 25/9 36/14 36/18
40/4 68/24 69/5 69/12 69/19
70/22 72/10 72/13 75/18
use [44] 6/16 7/11 39/23
52/14 53/3 59/12 62/2 63/11
66/21 72/17 85/1 90/16 91/15
91/18 120/6 159/9 160/25
161/1 162/2 162/8 162/9
162/9 162/9 162/16 162/18
188/6 189/23 192/2 192/19
193/11 193/17 194/14 195/4
198/4 208/16 208/16 208/17
208/25 209/3 209/14 213/14
214/10 218/22 219/19
used [43] 8/1 35/19 44/22
74/25 91/20 92/1 92/8 92/13
92/19 97/21 101/6 101/7
101/15 106/16 113/20 116/11
121/11 143/14 158/6 160/9
163/5 163/7 166/12 174/9
178/16 179/6 180/11 181/5
182/1 183/15 183/17 183/19
183/21 193/21 198/10 198/17
198/17 208/20 208/21 210/5
210/7 212/9 212/10
user [1] 61/19
uses [13] 101/5 191/5 192/22
193/1 193/13 193/15 193/18
193/22 193/23 193/25 196/6
218/4 218/5
using [21] 7/9 9/8 84/24
106/11 158/18 159/1 159/13
159/20 160/1 162/23 171/25
172/11 181/19 181/20 181/21
182/11 183/1 192/9 195/7
195/7 199/2
utilities [1] 65/15
V
vaccinated [1] 104/15
Vague [1] 90/24
valid [1] 213/3
value [3] 78/6 78/8 177/19
Van [1] 172/18
Vardanian [1] 63/22
variety [1] 74/19
various [6] 53/20 163/5
188/15 188/15 193/13 203/17
Vaughan [1] 3/7
vehicle [2] 62/14 181/11
verified [1] 134/3
version [4] 180/20 187/13
210/21 216/7
versions [1] 165/3
versus [6] 49/21 50/21 75/5
177/19 198/12 198/19
very [39] 31/21 33/3 41/13
43/2 43/21 70/1 84/18 84/20
89/14 90/5 100/4 103/10
105/17 114/10 132/24 156/8
156/10 156/21 157/21 161/22
162/5 163/8 164/20 164/20
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very... [15] 165/2 166/14
182/20 184/2 184/2 184/3
184/7 188/3 191/4 192/13
192/25 193/5 207/17 208/12
220/14
via [5] 8/10 37/2 47/23 97/2
170/5
victim [1] 97/24
victims [1] 210/3
Victoria [36] 27/10 54/18
56/23 57/21 58/9 59/22 65/1
65/10 66/21 122/4 154/12
158/5 158/18 159/18 160/1
161/14 164/4 166/12 172/1
172/6 173/10 173/23 174/16
179/4 180/3 180/10 180/10
180/11 181/2 181/20 182/1
182/24 183/1 183/14 183/15
192/10
video [3] 153/11 153/14
153/19
view [9] 29/13 35/10 44/18
58/23 66/10 100/4 156/16
172/2 176/16
viewed [3] 103/10 201/5
212/6
viewing [1] 17/1
violation [3] 195/9 217/21
221/9
virtually [1] 200/18
voice [1] 12/14
volumes [2] 189/25 189/25
voluminous [1] 28/25
W
W2s [1] 20/14
waiting [1] 129/19
walk [5] 172/15 176/20
180/14 200/9 200/15
walked [1] 180/23
want [38] 26/18 34/23 35/4
39/22 43/11 51/7 51/9 58/5
59/2 66/15 75/13 93/25 95/8
119/12 120/18 144/5 145/9
154/14 154/16 157/7 157/16
160/5 163/17 163/19 165/13
169/25 177/2 177/17 184/7
186/19 191/6 193/22 193/24
194/16 211/23 212/17 212/17
221/16
wanted [13] 21/23 22/10 36/4
83/25 95/3 96/1 96/6 170/11
177/2 207/22 211/10 213/13
213/15
wants [1] 55/15
warrant [8] 65/23 69/9
194/12 208/17 213/3 216/19
216/21 217/2
was [586]
Washington [2] 2/12 2/23
wasn't [17] 26/8 36/5 41/5
43/23 60/11 65/24 79/3 82/16
90/19 91/22 98/17 110/5
184/16 188/18 196/16 216/9
216/13
waste [1] 34/23
way [30] 26/25 28/15 37/3
55/4 71/25 84/23 89/17 95/25
100/12 103/6 103/20 114/13
116/8 130/25 136/10 163/1
165/13 165/14 168/2 170/8
186/16 190/10 192/20 198/11
199/6 208/19 210/6 215/1
220/3 220/13
ways [3] 27/22 158/14 178/1
we [436]
wear [1] 213/23
web [6] 146/20 147/16 147/19
147/24 148/1 149/13
website [2] 146/20 148/5
Weddington [3] 18/25 71/8
136/20
week [8] 26/13 26/22 42/19
105/17 105/22 106/22 135/8
200/18
weekend [1] 72/10
weeks [7] 26/16 110/9 182/15
197/5 197/6 201/1 201/1
weighed [1] 177/18
Welch [3] 94/12 95/15 96/9
well [46] 6/19 12/8 19/19
35/8 36/12 36/23 42/13 43/12
44/8 48/12 52/25 55/2 55/14
59/4 59/10 70/21 75/3 76/22
81/14 91/9 99/14 108/15
109/1 113/24 116/14 121/18
123/3 135/24 139/25 147/5
148/24 149/16 156/7 162/5
166/25 167/4 167/23 179/16
179/22 185/1 198/13 204/17
205/3 205/7 220/18 221/17
went [5] 11/17 164/6 189/13
189/16 213/17
were [259]
weren't [4] 90/16 99/4 99/23
154/15
west [4] 1/21 2/16 3/8 95/23
WESTERN [2] 1/2 95/22
WESTFAHL [1] 2/5
what [268]
whatever [9] 66/14 74/20
79/5 143/22 175/14 176/22
194/9 196/1 221/8
whatnot [1] 222/3
when [126]
where [33] 30/11 50/6 52/21
59/4 59/21 78/14 80/14 81/2
81/23 86/4 92/16 99/11
111/12 116/16 117/19 119/8
122/19 123/23 124/15 134/8
170/25 179/20 191/21 200/11
201/10 202/22 204/20 207/6
208/9 212/2 213/7 214/1
220/5
whether [50] 22/7 22/13
44/21 47/23 48/15 60/5 66/13
74/13 78/22 90/13 90/25
91/16 91/17 91/19 91/25 92/7
92/12 92/18 108/17 108/20
108/23 110/1 112/23 113/1
115/9 115/13 118/14 118/24
124/15 127/22 135/25 140/24
148/8 148/10 148/15 149/17
150/3 152/10 153/18 155/13
165/9 171/16 178/14 178/15
188/5 198/9 198/10 205/15
208/15 212/3
which [104] 17/12 17/20 18/3
18/7 18/25 20/11 21/7 27/6
27/9 29/7 29/15 29/17 30/24
33/15 36/7 36/14 41/3 45/16
49/15 57/7 61/8 61/22 61/24
71/5 71/20 71/25 75/13 77/25
79/6 80/23 81/19 86/15 87/19
92/13 95/16 95/22 98/24
99/11 110/19 111/22 114/21
123/2 123/15 123/17 133/18
135/2 136/13 138/23 138/25
140/18 142/9 145/20 146/16
146/18 146/18 147/4 148/12
151/7 154/8 154/15 154/19
155/9 155/18 156/17 158/5
158/17 158/25 159/7 159/20
160/10 161/5 164/2 165/7
166/2 166/15 169/22 171/3
172/6 181/6 181/19 182/21
182/24 184/14 188/8 191/21
192/4 193/5 193/25 196/3
198/23 203/1 203/6 204/2
204/21 206/2 210/20 212/4
214/8 215/1 215/6 215/15
216/7 217/24 222/11
while [6] 28/14 86/10 102/6
141/24 222/16 222/19
white [1] 51/6
who [68] 5/9 5/13 8/15 9/19
36/9 36/12 36/18 37/11 48/5
48/8 48/8 84/2 84/5 90/17
90/19 93/2 94/13 103/14
112/17 116/15 116/16 116/17
117/1 124/8 124/22 125/15
125/17 132/12 146/24 147/18
148/9 148/11 151/4 152/2
152/19 158/11 158/21 158/23
163/6 164/17 170/9 170/20
170/22 172/21 174/8 174/12
174/13 174/14 175/7 183/1
194/4 195/14 196/18 200/22
201/16 203/20 204/16 209/11
209/22 209/24 210/4 210/4
211/11 211/13 211/13 213/15
216/20 218/18
whoever [3] 147/16 147/19
147/23
whole [1] 163/14
Wholesale [1] 135/14
whom [4] 48/20 119/22 119/24
119/25
whose [4] 63/21 64/25 65/2
146/25
why [34] 7/12 9/10 13/2 20/8
21/6 29/6 34/20 43/20 45/10
50/22 55/4 60/10 60/15 60/18
64/4 75/4 75/9 99/17 143/5
144/23 148/8 176/18 177/12
181/1 184/24 185/11 189/7
189/8 190/19 191/5 205/20
212/8 215/4 219/18
wife [1] 48/3
will [55] 15/9 27/15 31/5
33/1 34/1 47/14 48/18 54/14
60/19 69/14 87/7 91/4 101/10
102/16 112/12 113/22 114/12
122/16 123/24 130/24 136/10
138/12 142/17 145/17 146/25
150/11 157/3 157/9 157/10
157/12 166/7 166/13 167/7
169/9 169/10 169/17 180/21
181/4 183/9 185/6 185/20
186/1 187/21 190/16 190/24
191/1 191/2 191/7 210/25
211/21 211/22 222/14 222/14
222/16 222/22
Williams [2] 3/4 3/7
willing [1] 87/11
WILSON [1] 1/3
win [1] 163/19
wipe [1] 218/15
wire [1] 72/7
wish [2] 86/17 169/8
within [3] 6/25 7/2 10/14
without [4] 112/20 176/18
185/20 193/6
witness [42] 4/3 5/13 5/16
40/20 44/17 67/6 79/4 79/5
81/17 81/21 81/24 82/6 82/12
93/8 93/13 104/8 113/11
114/2 124/24 125/1 132/11
140/11 141/15 149/1 152/7
159/22 160/4 164/23 165/21
167/15 173/12 176/12 187/15
191/20 193/20 194/18 195/3
196/9 196/10 196/11 209/22
209/24
witness' [1] 39/3
Case 2:20-cr-00579-SVW Document 813 Filed 08/03/21 Page 253 of 254 Page ID
#:14233
W
witnesses [28] 48/22 69/25
82/3 92/13 112/10 112/11
112/13 112/15 112/24 135/4
135/5 160/14 161/19 161/20
162/24 163/17 165/21 188/10
194/3 194/5 194/6 209/1
209/3 209/4 209/5 209/12
210/3 215/8
won't [6] 32/18 64/17 153/1
156/20 194/8 196/12
word [5] 7/11 7/25 27/15
77/9 192/9
words [8] 24/24 32/11 121/24
122/18 156/15 174/14 190/23
191/12
work [15] 48/8 52/8 68/21
68/21 69/6 82/2 96/15 114/21
144/6 144/9 188/8 194/24
206/7 206/8 207/18
worked [7] 78/4 114/17
116/18 164/20 176/9 209/9
211/13
working [9] 35/2 114/24
143/1 143/12 143/14 145/5
172/10 173/20 204/8
works [3] 48/5 94/14 217/18
worse [1] 178/8
worth [1] 73/20
would [123]
wouldn't [6] 11/5 66/5 80/20
80/24 107/16 186/9
wrap [2] 211/21 221/10
writing [1] 15/4
written [8] 13/18 62/23
68/21 118/15 119/17 119/22
215/14 215/19
wrong [4] 185/4 198/8 207/5
214/5
wrote [3] 12/25 54/1 173/21
Y
yahoo.com [2] 33/24 61/16
yeah [15] 19/23 21/23 29/15
30/4 32/21 37/21 39/24 40/25
46/3 58/15 72/22 126/24
130/9 139/10 153/17
years [2] 50/25 51/4
yes [351]
yesterday [21] 5/9 47/22
48/10 49/11 49/15 50/13 66/9
125/12 125/23 126/6 127/11
127/14 128/10 129/4 130/7
131/11 131/18 132/8 168/9
168/10 172/14
yesterday's [1] 48/23
yet [2] 75/19 194/17
yielded [1] 210/22
York [1] 2/11
you [1034]
Young [3] 84/5 90/20 90/21
your [288]
Yup [1] 13/8
Z
Zellhart [1] 15/25
zero [1] 191/18
Zhadko [59] 7/8 7/9 7/14
8/18 8/25 9/1 9/6 9/7 9/20
10/19 10/21 12/19 27/7 28/7
28/20 30/15 31/1 31/16 31/16
32/13 32/25 33/4 33/12 36/7
36/10 36/10 55/20 80/7 80/17
106/12 117/17 118/7 121/21
122/4 122/7 122/22 122/25
123/2 123/5 123/16 139/1
139/9 139/11 145/20 153/8
178/23 181/6 188/23 190/15
196/24 197/1 197/7 197/21
200/12 200/20 201/6 201/12
201/17 202/2
Zhadko's [3] 69/15 121/7
121/10
zhadko.richard [1] 29/25
zip [3] 29/15 29/17 29/24
zoom [2] 33/20 102/18
Case 2:20-cr-00579-SVW Document 813 Filed 08/03/21 Page 254 of 254 Page ID
#:14234File and source
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