Ex Parte Application for Order for Modification For Conditions — USA v. Ayvazyan et al. (Dkt. 61, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 61 · 2020-12-07 · Docket on CourtListener

Full text

1 
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
CUAUHTEMOC ORTEGA (Bar No. 257443) 
Federal Public Defender 
NADINE C. HETTLE (Bar No. [DFPD #1 BAR #]) 
(E-Mail:  Nadine_Hettle@fd.org) 
Deputy Federal Public Defender 
321 East 2nd Street 
Los Angeles, California 90012-4202 
Telephone:  (213) 894-2854 
Facsimile:  (213) 894-0081 
 
Attorneys for Defendant 
ARTUR AYVAZYAN 
 
 
 
 
UNITED STATES DISTRICT COURT 
CENTRAL DISTRICT OF CALIFORNIA 
WESTERN DIVISION 
 
 
 
UNITED STATES OF AMERICA, 
 
 
 
Plaintiff, 
 
 
v. 
 
ARTUR AYVAZYAN, 
 
 
 
Defendant. 
 
 
Case No. 20-00579-SVW 
 
 
EX PARTE APPLICATION TO 
MODIFY BOND CONDITIONS 
  
 
 
Defendant Artur Ayvazyan, by and through his counsel of record Deputy Federal 
Public Defender Nadine C. Hettle, hereby files his Ex Parte Application to Modify the 
Bond Conditions in this case.  This application is based on the files and records of this 
case and the attached Declaration of Nadine C. Hettle. 
 
 
/// 
 
/// 
 
/// 
 
/// 
Case 2:20-cr-00579-SVW     Document 61     Filed 12/07/20     Page 1 of 5   Page ID #:270

 
 
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
Respectfully submitted, 
 
 
CUAUHTEMOC ORTEGA 
 
Federal Public Defender 
 
 
 
 
DATED:  December 7, 2020 
 
By   /s/ Nadine C. Hettle 
NADINE C. HETTLE 
Deputy Federal Public Defender 
Attorney for ARTUR AYVAYZAN 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:20-cr-00579-SVW     Document 61     Filed 12/07/20     Page 2 of 5   Page ID #:271

 
 
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
DECLARATION OF NADINE C. HETTLE 
I, Nadine C. Hettle, declare: 
1. 
I am an attorney with the Office of the Federal Public Defender for the 
Central District of California.  I am licensed to practice law in the State of California 
and I am admitted to practice in this Court.   
2. 
On November 6, 2020, I was appointed to represent Artur Ayvazyan by 
this court for the limited purpose of the initial appearance and bond hearing.  Mr. 
Ayvazyan was directed to retain counsel.   
3. 
 At that time, the court set an appearance bond in the amount of $100,000 
with full deeding of property by December 4, 2020.  The court released Mr. Ayvazyan 
upon the signature of two sureties until the property could be deeded.  
4. 
On December 3, 2020, Mr. Ayvazyan was arraigned on the Indictment.  At 
that appearance my appointment was extended.  I indicated that Mr. Avyazyan was 
finalizing the process of retaining counsel  
5. 
Mr. Avayzan needs additional time to post property in support of his bond.  
A surety, Abraham Totoyan, has been located who has property that has been appraised 
and determined to have sufficient equity to support Mr. Ayvazyan’s bond of $100,000 
and that of his wife Tamara Dadyan bond of $100.000.  I have been provided an 
appraisal of the property performed by Carlos Reyes which indicates that it is worth 
$800,000.  The Office of the Federal Public Defender has worked with Mr. Reyes for 
several years and I have every reason to believe his appraisal accurately represents the 
value of the property.  I have seen a photograph of Mr. Totoyan’s mortgage statement 
on that property which indicates that Mr. Totoyan owes approximately $331,000 on the 
property.  Thus, it appearances that there is over $400,000 in equity in the property 
which is sufficient to support both bonds. 
6. 
  Additional time is need to post the bond in order to complete bond 
paperwork, to file the original Deed of Trust with the Los Angeles County Recorder’s 
Office, and to obtain a certified copy of the original Deed of Trust from the Recorder’s 
Case 2:20-cr-00579-SVW     Document 61     Filed 12/07/20     Page 3 of 5   Page ID #:272

 
 
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
Office so that it can be filed with the Clerk’s office as required under Local Rule 46-
3.3.1.  It is my understanding that Los Angeles Recorder’s Office is closed to the public 
due to the COVID-19 pandemic which has significantly lengthened the time required to 
get back a certified copy of the Original Deed of Trust from that office.  The waiting 
time is now about a month.    
7. 
Accordingly, Mr. Ayvazyan  requests that the Court extend the current 
deadline to submit the necessary bond paperwork and set new deadlines for the secured 
bond as follows: 
8. 
a. no later than December 28, 2020, defendant shall submit to the Clerk’s 
Office the paperwork relating to the $100,000 secured bond, including the signed Form 
CR-3, and provide the Clerk’s Office with a copy of the  recorded Original Deed of 
Trust that was filed with the Los Angeles County Recorder’s Office. 
9. 
b. No later than January 18, 2021, defendant shall submit to the Clerk’s 
Office  a certified copy of the Original Deed of Trust from the Los Angeles County 
Recorder’s Office naming the Clerk as beneficiary in accordance with Local Rule 46-
3.3.1. 
10. 
Co-defendant Tamara Dadyan, who is Mr. Ayvazyan’s wife, also 
requesting this same modifications of her  bond conditions and the government agreed 
to that modification.   
11. 
On December 3, 2020, I have contacted Julian Andre, the Assistant United 
States Attorney assigned to this matter and explained the relief sought.  Mr. Andre 
indicated that he opposed an extension of time of this length because 1) he believed that 
Mr. Ayvazyan had not done enough to find property to secure his bond, and 2)  he did 
not believe there was sufficient equity in Mr. Tatoyan’s property to secure both Ms. 
Dadyan’s bond and Mr. Ayvazyan.  Mr. Andre’s opinion was based on the last sales 
price of the home minus what Mr. Totoyan owed on the property.  Mr. Andre indicated 
that he was willing to extend the bond deadline to December 14, 2020, but not to 
December 28, 2020, and January 18, 2020.  Mr. Andre did indicate that if he saw an 
Case 2:20-cr-00579-SVW     Document 61     Filed 12/07/20     Page 4 of 5   Page ID #:273

 
 
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
appraisal, he might change his mind but he did not believe the property had sufficient 
equity.  I told him that I would endeavor to get him the appraisal by December 4, 2020. 
12. 
I did not receive a copy of the appraisal until December 7, 2020, around 
the noon hour.  I have sent it to Mr. Andre along with an email and a telephonic 
message but I have not heard back from him regarding this issue as of the filing of this 
application. 
13. 
For the reasons stated above, I request that the bond be modified to permit 
the parties until December 28, 2020, to post property to secure the bond and until 
January 18, 2021 to file a certified copy of the Original Deed of Trust.  The defense 
requests no other modifications of the bond and therefore, all other bond conditions 
would remain the same. 
14. 
I declare under penalty of perjury under the laws of the United States of 
America that the foregoing is true and correct. 
 
Executed on December 7, 2020, at Los Angeles, California. 
 
 
/s/ Nadine C. Hettle                      . 
 
NADINE C. HETTLE 
 
Deputy Federal Public Defender 
 
Case 2:20-cr-00579-SVW     Document 61     Filed 12/07/20     Page 5 of 5   Page ID #:274

File and source

File

gov.uscourts.cacd.802533.61.0.pdf

Size

131,931 bytes

SHA-256

e961358a7b0ff24119638c6da0d1d796a71c98478dca0f7d07288eee57aca959

Our copy

gov.uscourts.cacd.802533.61.0.pdf

Original

PACER (login required)