Proposed Order — USA v. Ayvazyan et al (Dkt. 1049.1)

Summary

An Amended Proposed Preliminary Order of Forfeiture as to a Palm Desert, California property against defendant Richard Ayvazyan, Document 1049-1, filed 10/15/21 in No. CR 20-00579-SVW-1, in the United States District Court for the Central District of California, Western Division. The order recites the jury's special verdict determination on forfeiture and the defendant's guilty conviction on Counts One, Two through Twelve, Twenty-two, Twenty-four and Twenty-six of the First Superseding Indictment. It would find the requisite nexus between the real property and those offenses, forfeit the defendant's interest in it to the United States, and authorize seizure, discovery and ancillary-proceeding notice by the government.

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UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
WESTERN DIVISION 
 
 
UNITED STATES OF AMERICA, 
 
             Plaintiff, 
 
 
 
v. 
 
RICHARD AYVAZYAN, 
 
             Defendant. 
 
No. CR 20-00579-SVW-1 
 
AMENDED 
[PROPOSED] PRELIMINARY ORDER OF 
FORFEITURE AS TO 74203 
ANASTACIA LANE, PALM DESERT, 
CALIFORNIA AGAINST DEFENDANT 
RICHARD AYVAZYAN 
 
 
 
 
 
 
Upon consideration of the application of Plaintiff, United 
States of America, for a preliminary order of forfeiture and the 
jury’s special verdict determination on forfeiture with respect 
to questions 1 through 64 defendant’s guilty conviction on 
Counts One, Two through Twelve, Twenty-two, Twenty-four and 
Twenty-six of the First Superseding Indictment, Rule 32.2(b), 
and good cause appearing thereon, IT IS HEREBY ORDERED: 
/// 
/// 
 
Case 2:20-cr-00579-SVW     Document 1049-1     Filed 10/15/21     Page 1 of 5   Page ID
#:17332

 
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I. FORFEITABLE PROPERTY 
 
For the reasons set out below, any right, title and 
interest of defendant RICHARD AYVAZYAN, in the following 
described property (hereinafter, the “Forfeitable Property”) is 
hereby forfeited to the United States.  The Court finds that the 
government has established the requisite nexus between the 
Forfeitable Property and the offenses described in Counts One, 
Two through Twelve, Twenty-two, Twenty-four and Twenty-six of 
the First Superseding Indictment, which charge defendant with 18 
U.S.C. § 1349 (conspiracy to commit wire fraud and bank fraud), 
18 U.S.C. § 1343 (wire fraud), 18 U.S.C. § 1028A(a)(1) 
(aggravated identity theft), and 18 U.S.C. § 1956(h) (conspiracy 
to commit money laundering).  The Forfeitable Property is more 
particularly described as: 
a. 
The real property located at 74203 Anastacia Lane, 
Palm Desert, California, APN: 694-331-008, more particularly 
described as: 
PARCEL 1: 
LOT 8 OF TRACT NO. 36554-1 IN THE CITY OF PALM 
DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS 
PER MAP RECORDED IN THE BOOK 438 PAGES 98 AND 99, 
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY 
RECORDER OF CALIFORNIA. 
PARCEL 2: 
NON-EXCLUSIVE EASEMENTS APPURTENANT TO PARCEL 1 
ABOVE, ON AND OVER THE “COMMON AREA” AS DEFINED IN THE 
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND 
Case 2:20-cr-00579-SVW     Document 1049-1     Filed 10/15/21     Page 2 of 5   Page ID
#:17333

 
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RESERVATION OF EASEMENTS FOR ENCORE PALM DESERT 
(“DECLARATION”) RECORDED IN THE OFFICE OF SAID COUNTY 
RECORDER OF CALIFORNIA ON DECEMER 23, 2013 AS 
INSTRUMENT NO. 2013-0591271, FOR ACCESS, USE, 
OCCUPANCY, ENJOYMENT, INGRESS AND EGRESS OF THE 
AMENITIES LOCATED THEREON.  THE COMMON AREA IS FOR THE 
USE OF OWNERS OF LOTS WHICH ARE SUBJECT TO THE 
DECLARATION AND IS NOT FOR THE USE OF THE GENERAL 
PUBLIC. 
II. IMPLEMENTATION 
 
IT IS FURTHER ORDERED as follows: 
 
A. 
Upon the entry of this Order, and pursuant to Fed. R. 
Crim. P. 32.2(b)(3) and 21 U.S.C. § 853, the United States 
Attorney General (or a designee) is authorized to seize the 
Forfeitable Property. 
 
B. 
Upon entry of this Order, the United States is further 
authorized to conduct any discovery for the purpose of 
identifying, locating, or disposing of the Forfeitable Property 
subject to forfeiture pursuant to this Order, 21 U.S.C. § 853(m) 
and Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure. 
“Any discovery” shall include all methods of discovery permitted 
under the Federal Rules of Civil Procedure. 
 
C. 
Upon entry of this Order (and at any time in the 
future after amendment of the applicable order of forfeiture in 
this matter), the United States Attorney General (or a designee) 
is authorized to commence any applicable proceeding to comply 
with statutes governing third party rights, including giving 
Case 2:20-cr-00579-SVW     Document 1049-1     Filed 10/15/21     Page 3 of 5   Page ID
#:17334

 
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notice of this and any other Order affecting specific property. 
The following paragraphs shall apply to any ancillary proceeding 
conducted in this matter: 
 
 
(1) Pursuant to 21 U.S.C. § 853(n)(1) and 
Supplemental Rule G(4)(a)(iv)(C) of the Supplemental Rules for 
Admiralty or Maritime Claims and Asset Forfeiture Actions, the 
government shall forthwith publish for at least thirty (30) 
consecutive days on an official government website notice of 
this order and any other Order affecting the Forfeitable 
Property, and notice that any person, other than the defendant, 
having or claiming a legal interest in the property must file a 
petition with the Court within thirty (30) days of the 
publication of notice or receipt of actual notice, whichever is 
earlier.  The United States shall also, to the extent 
practicable, provide written notice to any person known to have 
an alleged interest in the Forfeitable Property. 
 
 
(2) Any person other than defendant RICHARD AYVAZYAN 
(“defendant”) asserting a legal interest in the Forfeitable 
Property may, within thirty days of the publication of notice or 
receipt of notice, whichever is earlier, petition the court for 
a hearing without a jury to adjudicate the validity of his or 
her alleged interest in the property, and for an amendment of 
the order of forfeiture, pursuant to 21 U.S.C. § 853(n)(2). 
 
 
(3) Any petition filed by a third party asserting an 
interest in the Forfeitable Property shall be signed by the 
petitioner under penalty of perjury and shall set forth the 
nature and extent of the petitioner’s right, title, or interest 
in such property, the time and circumstances of the petitioner’s 
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#:17335

 
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acquisition of the right, title or interest in the property, any 
additional facts supporting the petitioner’s claim, and the 
relief sought. 21 U.S.C. § 853(n)(3). 
 
 
(4) The United States shall have clear title to the 
Forfeitable Property following the Court’s disposition of all 
third-party interests or, if no petitions are filed, following 
the expiration of the period provided in 21 U.S.C. § 853(n)(2) 
for the filing of third party petitions. 
 
D. 
Pursuant to Fed. R. Crim. P. 32.2(b)(3) and 
defendant’s consent, this Preliminary Order of Forfeiture shall 
become final as to defendant RICHARD AYVAZYAN upon entry and 
shall be made part of his sentence and included in his judgment. 
 
E. 
The Court shall retain jurisdiction to enforce this 
Order, and to amend it as necessary, pursuant to Fed. R. Crim. 
P. 32.2(e). 
DATED: ___________________  
_________________________________ 
 
 
 
 
 
 
HONORABLE STEPHEN V. WILSON 
 
 
 
 
 
 
UNITED STATES DISTRICT JUDGE  
 
 
PRESENTED BY: 
 
TRACY L. WILKISON 
Acting United States Attorney 
 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division 
 
 
/s/Brent A. Whittlesey 
 
 
 
  
BRENT A. WHITTLESEY 
DAN G. BOYLE 
Assistant United States Attorneys 
Asset Forfeiture Section 
 
Attorneys for Plaintiff  
UNITED STATES OF AMERICA 
Case 2:20-cr-00579-SVW     Document 1049-1     Filed 10/15/21     Page 5 of 5   Page ID
#:17336

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