APPLICATION for Order for PRELIMINARY ORDERS OF FORFEITURE PURSUANT TO PLEA… — USA v. Ayvazyan et al (Dkt. 911)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 911 · 2021-09-01 · Docket on CourtListener

Summary

The government's application for preliminary orders of forfeiture pursuant to plea agreement as to defendant Arman Hayrapetyan in United States v. Richard Ayvazyan, et al., No. 2:20-cr-00579-SVW, in the U.S. District Court for the Central District of California, filed September 1, 2021 as Document 911. Under Fed. R. Crim. P. 32.2(b), it lists the property to be forfeited, including $74,557.79 and $65,990.43 in seized bank funds, $451,185.00 in U.S. currency, wrist watches, sixty gold bullion coins, jewelry and three real properties in Tarzana, Glendale and Palm Desert, California. A footnote states that four proposed orders were lodged, one for each real property and one for the remaining assets. The memorandum of points and authorities states that the defendant pleaded guilty to Count Twenty-six under 18 U.S.C. § 1956(h) and asks that forfeiture be pronounced at sentencing.

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

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TRACY L. WILKISON 
Acting United States Attorney 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division 
JONATHAN GALATZAN 
Assistant United States Attorney 
Chief, Asset Forfeiture Section 
BRENT A. WHITTLESEY (Cal. Bar No. 73493) 
Assistant United States Attorney 
Asset Forfeiture Section 
 
1400 United States Courthouse 
 
312 North Spring Street 
 
Los Angeles, California 90012 
 
Telephone:  (213) 894-5421 
 
Facsimile:  (213) 894-0142 
 
E-mail:   brent.whittlesey@usdoj.gov 
 
Attorneys for Plaintiff 
United States of America 
 
UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
WESTERN DIVISION 
 
 
UNITED STATES OF AMERICA, 
 
             Plaintiff, 
 
 
 
v. 
 
RICHARD AYVAZYAN, 
     Aka “Richard Avazian” and 
“Iuliia Zhadko,” et al. 
 
 
             Defendants. 
 
No. CR 20-00579-SVW-6 
 
GOVERNMENT'S APPLICATION FOR 
PRELIMINARY ORDERS OF 
FORFEITURE PURSUANT TO PLEA 
AGREEMENT AS TO DEFENDANT ARMAN 
HAYRAPETYAN 
 
Sentencing Hearing 
 
Date: 9/20/21 
Time: 11:00 a.m. 
Courtroom: 10A 
 
 
 
 
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 
 
Plaintiff United States of America hereby applies for 
issuance of a Preliminary Orders of Forfeiture (“POFs”) lodged 
Case 2:20-cr-00579-SVW     Document 911     Filed 09/01/21     Page 1 of 15   Page ID
#:15907

 
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contemporaneously herewith,1 pursuant to Fed. R. Crim. P. 32.2(b) 
and the Plea Agreement filed in this case, wherein defendant 
ARMAN HAYRAPETYAN (“Hayrapetyan”) has agreed to forfeit to the 
United States of America all right, title, and interest in and 
to all monies, properties, and/or assets of any kind, derived or 
acquired as a result of the illegal activity to which defendant 
has plead guilty.  These assets the (“Forfeitable Property”) are 
as follows: 
a. 
$74,557.79 in bank funds seized from Bank of America 
account number ending in 7695 held in the name of Allstate 
Towing & Transport LLC; 
b. 
$65,990.43 in bank funds seized from Bank of America 
account ending in 9700 held in the name of Runyan Tax Service 
Inc.; 
c. 
$451,185.00 in U.S. Currency seized on November 5, 
2020, in various areas and backyard of a Tarzana, California 
residence; 
d. 
One Santos De Cartier stainless steel wrist watch, 
model 4183, serial number 163389YX; 
e. 
One Audermars Piguet, Royal Oak 18 carat rose gold 
wrist watch, model 26331, serial number J52335 seized on 
November 5, 2020 in various areas and backyard of a Tarzana, 
California residence; 
 
1 The government has lodged a total of four POFs – one for each 
of the three real properties described below and one for the 
remaining assets.  Individual POFs are required for each parcel 
of real property because orders purporting to effect title to 
multiple parcels of real property cannot be recorded. 
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#:15908

 
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f. 
One Rolex Datejust stainless steel wrist watch, model 
126334, serial number 4U95Z313 seized on November 5, 2020 in 
various areas and backyard of a Tarzana, California residence; 
g. 
One Audemars Piguet, Royal Oak Offshore black ceramic 
wrist watch, serial number K23313 seized on November 5, 2020 in 
various areas and backyard of a Tarzana, California residence; 
h. 
One Audemars Piguet Royal Oak Offshore black ceramic 
wrist watch, serial number LU44845K seized on November 5, 2020 
in various areas and backyard of a Tarzana, California 
residence; 
i. 
One Rolex Day-Date watch, serial number W44P7238 
seized on October 20, 2020 at the Miami International Airport 
from Richard Ayvazyan and Marietta Terabelian; 
j. 
Sixty Gold Bullion Coins seized on November 5, 2020 in 
various areas and backyard of a Tarzana, California residence; 
k. 
One 14 carat yellow gold 24” neck chain seized on 
October 20, 2020 at the Miami International Airport from Richard 
Ayvazyan and Marietta Terabelian; 
l. 
One Pair of 14 carat white gold earrings with diamond 
stud seized on October 20, 2020 at the Miami International 
Airport from Richard Ayvazyan and Marietta Terabelian; 
m. 
The real property located at 4910 Topeka Drive, 
Tarzana, California, APN: 2176-029-031, more particularly 
described as: 
DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE 
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS 
DESCRIBED AS FOLLOWS: 
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PARCEL 1: 
THOSE PORTIONS OF LOT 71 and 72 OF TRACT 2605, IN THE CITY 
OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, 
AS PER MAP RECORDED IN BOOK 27 PAGE 55 ET SEQ. OF MAPS, AND 
THAT PORTION OF PARCEL "A” OF PARCEL MAP L.A. NO. 2015 AS 
PER MAP FILED IN BOOK 32 PAGE 19 OF PARCEL MAPS, IN THE 
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS 
FOLLOWS: 
BEGINNING AT A POINT IN THE CENTERLINE OF TOPEKA DRIVE, 40 
FEET WIDE, AS SHOWN ON SAID MAP, DISTANT THEREON SOUTH 15° 
10' 00" WEST 178.55 FEET FROM THE NORTHEASTERLY TERMINUS OF 
THAT CERTAIN COURSE IN THE CENTERLINE OF TOPEKA DRIVE SHOWN 
ON SAID MAP AS HAVING A BEARING OF NORTH 15° 10' 00" EAST 
AND LENGTH OP 1055.19 FEET; 
THENCE SOUTH 74° 50' 00" EAST 56.09 FEET TO THE BEGINNING 
OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A 
RADIUS OF 129.86 FEET; 
THENCE EASTERLY ALONG SAID CURVE 128.40 FEET; TO THE TRUE 
POINT OF BEGINNING; 
THENCE TANGENT TO SAID CURVE NORTH 48° 30' 50" EAST 147.14 
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE 
SOUTHEAST, HAVING A RADIUS OF 100.05 FEET; 
THENCE EASTERLY ALONG SAID CURVE, 125.14 FEET, A RADIAL 
LINE TO SAID POINT BEARS NORTH 30° 10' 46" EAST; 
THENCE NORTH 10° 52' 46" EAST 45.32 FEET; 
THENCE SOUTH 84° 29' 18" EAST 182.82 FEET; 
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THENCE SOUTH 04° 13' 10" WEST 195.63 FEET TO A POINT IN A 
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 175.31 FEET; A 
RADIAL LINE TO SAID POINT BEARS NORTH 62° 22' 50” EAST; 
THENCE CONTINUING EASTERLY AND SOUTHERLY ALONG SAID CURVE 
THROUGH A CENTRAL ANGLE OF 50° 06' 30" AN ARC DISTANCE OF 
153.32 FEET; 
THENCE TANGENT TO SAID CURVE SOUTH 22° 29' 20" WEST 63.38 
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE 
NORTHWEST HAVING A RADIUS OF 375.00 FEET; 
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL 
ANGLE OF 13° 52' 00" 90.76 FEET TO THE BEGINNING OF A 
REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 
161.89 FEET; 
THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL 
ANGLE OF 17° 46' 00" 50.20 FEET TO THE BEGINNING OF A 
REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 
75.69 FEET; 
THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE, THROUGH 
A CENTRAL ANGLE OF 33° 58' 30" 44.88 FEET TO A POINT OF 
CUSP IN THE NORTHERLY LINE OF SAID PARCEL "A" SAID 
NORTHERLY LINE BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A 
RADIUS OF 30.00'; A RADIAL LINE TO SAID POINT BEARS SOUTH 
38° 26' 10" EAST; 
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 
116° 31' 20" AN ARC DISTANCE OF 61.01 FEET; 
THENCE SOUTH 10° 54' 50" EAST 92.71 FEET; 
THENCE SOUTH 80° 16' 17" WEST 20.00 FEET; 
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THENCE NORTH 31° 28' 33" WEST 120.33 FEET; 
THENCE NORTH 22° 17' 48" WEST 20.00 FEET TO THE BEGINNING 
OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 55.69 
FEET; 
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL 
ANGLE OF 49° 06' 52" AN ARC DISTANCE OF 47.74 FEET TO THE 
BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A 
RADIUS OF 181.89 FEET; 
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL 
ANGLE OF 17° 46' 00" AN ARC DISTANCE OF 56.40 FEET TO THE 
BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A 
RADIUS OF 355.00 FEET; 
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL 
ANGLE OF 12° 45' 16" AN ARC DISTANCE OF 79.03 FEET; 
THENCE NORTH 67° 12' 02" WEST 268.30 FEET; 
THENCE NORTH 15° 10' 00" EAST 43.00 FEET; 
THENCE NORTH 47° 02' 30" WEST 175.00 FEET TO THE TRUE POINT 
OF BEGINNING. 
PARCEL 2: 
THE RIGHT OF INGRESS AND EGRESS FOR SAID PROPERTY OVER A 
ROADWAY EASEMENT FROM TOPEKA DRIVE OVER THAT PORTION OF LOT 
71, OF TRACT NO. 2605, IN THE CITY OF LOS ANGELES, COUNTY 
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN 
BOOK 27, PAGE 55, ET SEQ., OF MAPS, IN THE OFFICE OF THE 
COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF 
LAND 30.00 FEET IN WITH, LYING 15.00 FEET ON EACH SIDE OF 
THE FOLLOWING DESCRIBED CENTER LINE: 
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#:15912

 
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BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND CONVEYED 
TO CIRELLA G. SMITH AND HUSBAND, BY DEED RECORDED JULY 8, 
1943 AS INSTRUMENT NO. 118, IN BOOK 20132 PAGE 100, 
OFFICIAL RECORDS, SAID CORNER BEING DISTANT 261.45 FEET 
NORTHERLY FROM THE SOUTHWESTERLY CORNER OF LOT 71, SAID 
TRACT 2605; THENCE NORMAL TO THE EASTERLY LINE OF TOPEKA 
DRIVE, SOUTH 74° 50' 00” EAST 36.09 FEET TO THE BEGINNING 
OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS 
OF 129.86 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, 
128.40 FEET; THENCE TANGENT TO SAID CURVE, NORTH 48° 30' 
50" EAST 147.14 FEET TO THE BEGINNING OF A TANGENT CURVE 
CONCAVE SOUTHERLY, HAVING A RADIUS OF 100.05 FEET; THENCE 
EASTERLY ALONG SAID CURVE, 144.70 FEET; THENCE TANGENT TO 
SAID CURVE, SOUTH 48° 37' 10" EAST, 161.06 FEET TO THE 
BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A 
RADIUS OF 175.31 FEET, THENCE SOUTHERLY ALONG SAID CURVE, 
217.57 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 22° 29' 
20" WEST 42.15 FEET TO A POINT. 
n. 
The real property located 834 Calle La Primavera, 
Glendale, California, APN: 5663-036-33, more particularly 
described as: 
Parcel 1: 
Lot 56 of Tract No. 45375, in the City of Glendale, County 
of Los Angeles, State of California, as per map recorded in 
Book 1128, Page(s) 55 to 63 inclusive of Maps, in the 
office of the County Recorder of said County. 
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#:15913

 
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Except therefrom all oil and minerals in, on and under said 
land as reserved by Benjamin Dreyfus in deeds recorded in 
Book 101, Pages 551 and in Book 107, Page 447 both of 
Deeds, in said Office of the County Recorder. 
Parcel 2: 
Non-exclusive easements for access, ingress, egress, 
encroachments, maintenance, repair, drainage, support and 
other purposes, all as described in the Master Declaration 
recorded March 7, 1989 as Instrument No. 1989-354873 and 
any amendments thereto. 
o. 
The real property located at 74203 Anastacia Lane, 
Palm Desert, California, APN: 684-331-008, more particularly 
described as: 
Parcel 1: 
Lot 56 of Tract No. 45375, in the City of Glendale, County 
of Los Angeles, State of California, as per map recorded in 
Book 1128, Page(s) 55 to 63 inclusive of Maps, in the 
office of the County Recorder of said County. 
Except therefrom all oil and minerals in, on and under said 
land as reserved by Benjamin Dreyfus in deeds recorded in 
Book 101, Pages 551 and in Book 107, Page 447 both of 
Deeds, in said Office of the County Recorder. 
Parcel 2: 
Non-exclusive easements for access, ingress, egress, 
encroachments, maintenance, repair, drainage, support and 
other purposes, all as described in the Master Declaration 
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recorded March 7, 1989 as Instrument No. 1989-354873 and 
any amendments thereto. 
This application, which deals solely with the specific 
property as to which forfeiture is sought (described in detail 
above) is supported by defendant's guilty plea, the factual 
basis stated during defendant’s plea proceeding, and the matters 
set forth in the accompanying Memorandum of Points and 
Authorities. 
DATED: September 1, 2021  
Respectfully submitted, 
 
 
 
 
 
 
 
TRACY L. WILKISON 
Acting United States Attorney 
 
 
 
 
 
 
 
 
 
 
 
 
 
SCOTT M. GARRINGER 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
Chief, Criminal Division  
 
 
 
 
 
 
 
 
 
 
 
 
/s/Brent A. Whittlesey   
 
 
 
 
 
 
 
BRENT A. WHITTLESEY_ 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
Asset Forfeiture Section 
 
 
 
 
 
 
 
Attorneys for Plaintiff  
 
 
 
 
 
 
UNITED STATES OF AMERICA 
 
 
 
 
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#:15915

 
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MEMORANDUM OF POINTS AND AUTHORITIES 
I. INTRODUCTION 
 
Defendant ARMAN HAYRAPETYAN entered a plea of guilty to 
Count Twenty-six of the First Superseding Indictment in this 
case, charging him, with a violation of 18 U.S.C. § 1956(h) 
(conspiracy to commit money laundering).  Defendant received 
notice in the First Superseding Indictment of the government’s 
intent to seek forfeiture in the event of his conviction on 
Count 26.  The requested entry of the POFs are supported by 
defendant’s guilty plea because the Forfeitable Property 
constitutes or is traceable to proceeds of defendant’s illegal 
activities in violation of 18 U.S.C. § 1956 (h), and is 
therefore subject to forfeiture pursuant to 18 U.S.C. § 982.  
The forfeiture of defendant’s interest in the Forfeitable 
Property, if any, shall be final upon the Court’s entry of the 
proposed POFs, subject to Defendant’s appeal of his conviction 
on Count Twenty-six.  Fed. R. Crim. P. 32.2(b)(4)(A). 
 
Pursuant to Rule 32.2(b), the government now applies for 
the entry of the Preliminary Order of Forfeiture of the 
Forfeitable Property (the proposed order is lodged 
contemporaneously herewith).  The government also requests that 
the forfeiture of the Forfeitable Property be stated orally at 
defendant’s sentencing and set forth in defendant’s Judgment and 
Commitment Order. 
/// 
/// 
 
 
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II. ARGUMENT 
 
A. 
The Nexus Between Defendant's Crime and the 
Forfeitable Property Has Been Established by the Plea Agreement 
 
Rule 32.2 of the Federal Rules of Criminal Procedure 
provides, in pertinent part: 
 
As soon as practicable after entering a guilty verdict or 
accepting a plea of guilty or nolo contendere on any count in an 
indictment or information with regard to which criminal 
forfeiture is sought, the court must determine whether the 
government has established the requisite nexus between the 
property and the offense. . . . The court's determination may be 
based on . . . any written plea agreement . . . . 
Fed. R. Crim. P. 32.2(b)(1).  The Advisory Committee Notes for 
this provision explain that for the preliminary order of 
forfeiture, the court must determine "if the property was 
subject to forfeiture under the applicable statute, e.g., 
whether the property represented the proceeds of the offense . . 
. ."  Advisory Committee Notes to Rule 32.2, subdivision (a) 
(2000 Adoption).  The standard of proof regarding the 
forfeitability of property in a criminal case is preponderance 
of the evidence.  See United States v. Najjar, 300 F.3d 466, 
485-86 (4th Cir. 2002); United States v. Shryock, 342 F.3d 948, 
991 (9th Cir. 2003) (following Najjar); United States v. 
DeFries, 129 F.3d 1293, 1312 (D.C. Cir. 1997); United States v. 
Hernandez-Escarsega, 886 F.2d 1560, 1576-77 (9th Cir. 1989) 
(interpreting language in 21 U.S.C. § 853); United States v. 
Bieri, 21 F.3d 819 (8th Cir. 1994)(§ 853). 
 
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Thus, the only question before the Court in connection with 
the requested entry of the proposed Preliminary Order is whether 
the evidence before the Court is enough to establish by a 
preponderance of the evidence that there is a nexus between the 
specific property to be forfeited, and the offenses to which 
defendant pled guilty.  See Rule 32.2(b)(1). 
 
The existence or extent of third-party interests in the 
specific property will be determined after the entry of the 
preliminary order.  See United States v. Lazarenko, 476 
F.3d 642, 648 (9th Cir. 2007) (“Upon a finding that the property  
involved is subject to forfeiture, a court must promptly enter a 
preliminary order of forfeiture without regard to a third 
party’s interests in the property.”).  The preliminary order 
should be entered promptly in order to avoid unnecessary delay 
in the forfeiture process and resolve potential third party 
rights.  United States v. Yeje-Cabrera, 430 F.3d 1, 15 (1st Cir. 
2005).  The defendant need not be present when the preliminary 
order is entered. United States v. Segal, 495 F.3d 826, 837-38 
(7th Cir. 2007). 
 
The government is not required to establish the defendant’s 
ownership of the property either to seize it or to obtain a 
preliminary order of forfeiture, and third parties are 
prohibited from intervening in the criminal case, and cannot 
complain that they have to wait for the ancillary proceeding to 
assert their rights.  Almeida v. United States, 459 F.3d 377, 
381 (2d Cir. 2006); 18 U.S.C. § 1963(i).  As explained in the 
Advisory Committee Notes to Rule 32.2 (2000), the Rule was 
revised with the intent to eliminate confusion over whether the 
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extent of the defendant’s ownership interest should be 
determined by the finder of fact.  The new rule clarified that 
the only question upon conviction or a guilty plea is whether 
there is a nexus between the violation of which the defendant 
has been convicted (or to which he has pled) and the property 
sought - if there is, the court should enter an order forfeiting 
“whatever interest a defendant may have in the property without 
having to determine exactly what that interest is.”2   A 
defendant cannot object to the entry of a preliminary order on 
the ground that the property at issue does not belong to him.  
United States v. Schlesinger, 396 F. Supp. 2d 267, 273 (E.D.N.Y. 
2005). 
 
Here, all the proof that is necessary is contained in the 
defendant's written plea agreement.3  Defendant pled guilty to 
Count Twenty-six of the First Superseding Indictment.  
Therefore, the requirements of Rule 32.2(b) have been met and 
the proposed Preliminary Orders should be entered. 
 
 
2 Criminal forfeiture is part of the defendant’s sentence,  
so it is available only if the defendant is convicted of the 
underlying substantive offense.  Lazarenko, supra.  If the 
defendant is convicted, his interest in the property must be 
forfeited regardless of what that interest is, so it is not 
necessary to determine the extent of the interest.  The only 
issues left to be determined concerning ownership are those of 
non-defendant third parties, whose interests are determined in 
the ancillary process.  Only after that process is complete does 
the government obtain a Final Order of Forfeiture. 
 
3  The defendant’s admissions are more than sufficient to  
establish forfeitability, but the Court is not required to find 
a factual basis for the defendant’s agreement to criminal 
forfeiture.  See United States v. Ken Int’l Co., Ltd., 113 F.3d 
1243, 1997 WL 229114, at *3 (9th Cir. 1997). 
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B. 
The Mechanics of the Criminal Forfeiture 
 
The Preliminary Order of Forfeiture becomes final as to the 
defendant at the time of sentencing (or before sentencing, if 
defendant consents).  Rule 32.2(b)(3).  After entry of the 
preliminary order, the second phase of the forfeiture 
proceedings may begin, to determine whether any third party 
rights may exist in the specific property to be forfeited.  Fed. 
R. Crim. P. 32.2(c)(1). 
 
Accordingly, the government respectfully requests that the 
Court enter the proposed Preliminary Orders of Forfeiture lodged 
contemporaneously herewith, authorizing the government to seize 
the property subject to forfeiture (to the extent it has not 
already done so) and to commence proceedings governing 
third-party rights. Fed. R. Crim. P. 32.2(b)(3).  The government 
will publish notice generally.  Following such notification and 
completion of any necessary ancillary proceedings, the 
government will submit, as appropriate, a final orders of 
forfeiture pursuant to Fed. R. Crim. P. 32.2(c). 
III. FORFEITURE MUST BE PRONOUNCED AT SENTENCING 
 
At sentencing, pursuant to Rule 32.2(b)(3) of the Federal 
Rules of Criminal Procedure, the "order of forfeiture becomes 
final as to the defendant and shall be made a part of the 
sentence and included in the judgment." 
 
The Court must pronounce the forfeiture conditions orally 
as part of the sentence imposed on the defendant, and must 
include the forfeiture in the judgment and commitment order.  
See United States v. Gaviria, 116 F.3d 1498, 1530 (D.C. Cir. 
1997) (forfeiture portion of the defendant’s sentence must be 
Case 2:20-cr-00579-SVW     Document 911     Filed 09/01/21     Page 14 of 15   Page ID
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announced in his presence pursuant to Fed. R. Crim. P. 43(a)).  
The government recommends the following language be read to the 
defendant and modified as necessary for inclusion in the 
judgment and commitment order at the time of his sentencing: 
Pursuant to 21 U.S.C. § 853 and Count Twenty-six of 
the First Superseding Indictment, defendant ARMAN 
HAYRAPETYAN has forfeited all of his right, title, and 
interest in the specific property more particularly 
described in the Preliminary Orders of Forfeiture 
entered on [date]. 
IV. CONCLUSION 
 
For the foregoing reasons, the government respectfully 
requests that the Court forthwith enter the proposed Preliminary 
Orders of Forfeiture lodged herewith. 
 
DATED: _September 1, 2021 
Respectfully submitted 
 
 
 
 
 
 
TRACY L. WILKISON 
Acting United States Attorney 
 
 
 
 
 
 
 
 
 
 
 
 
 
SCOTT M. GARRINGER 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
Chief, Criminal Division  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
/s/Brent A. Whittlesey 
 
 
 
 
 
 
 
 
BRENT A. WHITTLESEY_ 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
Asset Forfeiture Section 
 
 
 
 
 
 
 
Attorneys for Plaintiff  
 
 
 
 
 
 
UNITED STATES OF AMERICA 
 
 
 
Case 2:20-cr-00579-SVW     Document 911     Filed 09/01/21     Page 15 of 15   Page ID
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