Proposed Order Palm Desert Property — USA v. Ayvazyan et al (Dkt. 1287.3)

Summary

A proposed Final Order of Forfeiture for a Palm Desert, California property, Document 1287-3, filed 03/07/22 in United States v. Richard Ayvazyan, et al., No. CR 20-00579-SVW (C.D. Cal.). It recites that Preliminary Orders of Forfeiture were entered on August 19, 2021, August 24, 2021 and September 3, 2021, that notice was published on www.forfeiture.gov, and that the government settled with the parties that filed claims, Encore Series Community Inc. and United Wholesale Mortgage. Sale proceeds would go first to the government's expenses, then to unpaid Riverside County property taxes, then $2,759.00 plus accruing fees to Encore Series Community Inc., then $537,747.18 to United Wholesale Mortgage. The Marshals Service would dispose of the remainder under law, and both lienholders release the government from related claims.

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

Record facts

Full text

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
 
 
 
 
 
 
 
 
 
 
 
 
 
 
UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
RICHARD AYVAZYAN, 
     Aka “Richard Avazian” and    
“Iuliia Zhadko,” et al., 
 
Defendants. 
 No. CR 20-00579-SVW 
 
[PROPOSED] FINAL ORDER OF 
FORFEITURE AS TO 74203 ANASTACIA 
LANE, PALM DESERT, CALIFORNIA 
 
 
 
  
 
 
On August 19, 2021, August 24, 2021 and September 3, 2021, this 
Court entered Preliminary Orders of Forfeiture (“POFs”)1, ordering 
the forfeiture of the interests of defendants Richard Ayvazyan, 
Marietta Terabelian, Artur Ayvazyan, Tamara Dadyan, Manuk Grigoryan, 
Arman Hayrapetyan, Edvard Paronyan, and Vahe Dadyan in the real 
property, having found that the real property was 1) property 
constituting or derived from proceeds obtained, directly or 
indirectly, as a result of the offenses traceable to one or more 
violations of 18 U.S.C. §§ 1349, 1343, 1344(2), 1028A(a)(1), and 2) 
 
1 On October 26, 2021, an Amended Preliminary Order of 
Forfeiture was issued as to 74203 Anastacia Lane, Palm Desert, 
California. 
Case 2:20-cr-00579-SVW     Document 1287-3     Filed 03/07/22     Page 1 of 5   Page ID
#:19906

 
2 
 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
property involved in or traceable to violations of 18 U.S.C. § 1956, 
and that there was therefore a nexus between the seized funds and 
real property and the crimes of defendants’ convictions or admitted 
in the defendants’ plea agreements. 
The real property located at 74203 Anastacia Lane, Palm Desert, 
California, APN: 694-331-008 (“Palm Desert Property”), 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 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. 
 
Beginning on September 11, 2021, and ending on October 10, 2021, 
and beginning on September 14, 2021, and ending on October 13, 2021, 
the United States caused to be published on an official government 
internet site (www.forfeiture.gov) notice of the forfeiture orders. 
Each of the notices advised of the government’s intent to dispose of 
Case 2:20-cr-00579-SVW     Document 1287-3     Filed 03/07/22     Page 2 of 5   Page ID
#:19907

 
3 
 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the seized real property in accordance with law and as specified in 
the POFs, and further notified all eligible third parties of their 
right to petition this Court within thirty days for a hearing to 
adjudicate the validity of their alleged legal interest in the seized 
real property.  
Encore Series Community Inc. and United Wholesale Mortgage 
either submitted a petition or filed a claim.  The government settled 
with both Encore Series Community Inc., and United Wholesale 
Mortgage.  No other parties have filed petitions in this proceeding, 
and the time for filing such petitions has expired.  Entry of the 
final order of forfeiture is proper because the public notice 
provisions governing criminal forfeiture have been met.   
The United States of America and Encore Series Community Inc. 
have requested that a Final Order of Forfeiture be entered pursuant 
to the Court’s order.  See ECF 1246. 
 
IT IS THEREFORE HEREBY ORDERED, ADJUDGED, AND DECREED that the 
property identified in the FOF be disposed of and the proceeds of the 
sale will be payable in the following manner: 
a. 
First, to the United States of America (including its 
agency the United States Marshals Service) for all expenses incurred 
relative to the Palm Desert Property, including, but not limited to, 
expenses of custody, advertising and sale; 
b. 
Second, payment to the County Assessor and Tax 
Collector of Riverside County, California for any unpaid real 
property taxes assessed against the Palm Desert Property up to the 
date of filing of this Final Order of Forfeiture; 
c. 
Third, $2,759.00 plus fees accruing after November 16, 
Case 2:20-cr-00579-SVW     Document 1287-3     Filed 03/07/22     Page 3 of 5   Page ID
#:19908

 
4 
 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2021 at $93.00 per month and related costs, which shall not exceed 
$1,000.00 of the remaining proceeds to Lienholder Encore Series 
Community Inc.; 
d. 
Fourth, $537,747.18 to lienholder United Wholesale 
Mortgage; 
e. 
Fifth, payment to the United States Marshals Service, 
which will deposit and dispose of the remaining proceeds from the 
sale of the Palm Desert Property in accordance with law 
 
 
Encore Series Community Inc. and United Wholesale Mortgage 
released the United States of America, its agencies, agents, and 
officers, including, without limitation, employees and other 
representatives of the Federal Bureau of Investigation, from any and 
all claims, defenses, actions, or liabilities arising out of or 
related to this action against seized funds, including, without 
limitation, any and all claims for attorneys’ fees, costs, or 
interest which may be asserted by them or on their behalf.   
 
The parties shall bear their own costs and attorneys’ fees in 
this action. 
/// 
/// 
 
 
 
 
 
 
Case 2:20-cr-00579-SVW     Document 1287-3     Filed 03/07/22     Page 4 of 5   Page ID
#:19909

 
5 
 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
 
This Court shall retain jurisdiction over this matter to enforce 
the provisions of the Final Order of Forfeiture. 
DATED:  
 
 
, 2022 
 
 
 
 
 
 
 
____ 
 
 
 
 
 
 
 
THE HONORABLE STEPHEN V. WILSON 
 
 
 
 
 
 
 
UNITED STATES DISTRICT JUDGE 
 
PRESENTED BY:  
TRACY L. WILKISON 
United States Attorney 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division 
JONATHAN GALATZAN 
Assistant United States Attorney 
Chief, Asset Forfeiture Section 
 
 
/s/Dan G. Boyle  
 
DAN G. BOYLE 
Assistant United States Attorney 
Asset Forfeiture Section 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
 
 
Case 2:20-cr-00579-SVW     Document 1287-3     Filed 03/07/22     Page 5 of 5   Page ID
#:19910

File and source

File

gov.uscourts.cacd.813904.1287.3.pdf

Size

104,548 bytes

SHA-256

a4f13b1f05741a459a54236dde1dbb0f3c08e989b3b7ead0bd49e85d23a04563

Our copy

gov.uscourts.cacd.813904.1287.3.pdf

Original

PACER (login required)