Court filing
Proposed Jury Instructions ((Annotated - Revised) set) — USA v. Ayvazyan et al. (Dkt. 556, C.D. Cal.)
Filed June 22, 2021 in USA v. Ayvazyan et al.; one of 233 filings from this case.
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2021-06-22 |
U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 556 · 2021-06-22 · Docket on CourtListener
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TRACY L. WILKISON
Acting United States Attorney
SCOTT M. GARRINGER
Assistant United States Attorney
Chief, Criminal Division
SCOTT PAETTY (Cal. Bar No. 274719)
CATHERINE AHN (Cal. Bar No. 248286)
BRIAN FAERSTEIN (Cal. Bar No. 274850)
Assistant United States Attorneys
Major Frauds/Environmental and Community Safety Crimes Sections
1100/1300 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-6527/2424/3819
Facsimile: (213) 894-6269/0141
E-mail:
Scott.Paetty@usdoj.gov
Catherine.S.Ahn@usdoj.gov
Brian.Faerstein@usdoj.gov
JOSEPH BEEMSTERBOER
Acting Chief, Fraud Section
Criminal Division, U.S. Department of Justice
CHRISTOPHER FENTON
Trial Attorney, Fraud Section
Criminal Division, U.S. Department of Justice
1400 New York Avenue NW, 3rd Floor
Washington, DC 20530
Telephone: (202) 320-0539
Facsimile: (202) 514-0152
E-mail:
Christopher.Fenton@usdoj.gov
Attorneys for Plaintiff
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
RICHARD AYVAZYAN,
aka “Richard Avazian” and
“Iuliia Zhadko,”
MARIETTA TERABELIAN,
aka “Marietta Abelian” and
“Viktoria Kauichko,”
ARTUR AYVAZYAN,
aka “Arthur Ayvazyan,” and
TAMARA DADYAN,
MANUK GRIGORYAN,
aka “Mike Grigoryan,” and
“Anton Kudiumov,”
No. CR 20-579(A)-SVW
GOVERNMENT’S REVISED PROPOSED JURY
INSTRUCTIONS
[18 U.S.C. § 1349: Conspiracy to
Commit Bank Fraud and Wire Fraud;
18 U.S.C. § 1343: Wire Fraud; 18
U.S.C. § 1344(2): Bank Fraud; 18
U.S.C. § 1028A(a)(1): Aggravated
Identity Theft;18 U.S.C.
§ 1956(h): Money Laundering
Conspiracy; 18 U.S.C.
§ 1956(a)(1)(B)(i): Money
Laundering; 18 U.S.C.
§ 3147:Offense Committed While on
Release; 18 U.S.C. §§ 981,
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ARMAN HAYRAPETYAN,
EDVARD PARONYAN,
aka “Edvard Paronian” and
“Edward Paronyan,” and
VAHE DADYAN,
Defendants.
982,1028 and 28 U.S.C. § 2461(c):
Criminal Forfeiture]
[Annotated Set]
Plaintiff United States of America, by and through its counsel
of record, the Acting United States Attorney for the Central
District of California, Assistant United States Attorneys Scott
Paetty, Catherine Ahn, and Brian Faerstein, and Department of
Justice Trial Attorney Christopher Fenton, hereby files the
government’s revised proposed jury instructions, which have been
amended to reflect the defendants and charges remaining in this
case, supplemented to add proposed instructions based on the events
at trial or remove proposed instructions that no longer appear
necessary, and identify the names of lenders and banks cited in the
governments’ redacted trial indictment1.
Unless otherwise noted, these revised proposed jury
instructions are based on the Ninth Circuit’s Model Jury
Instructions. These revised jury instructions do not include
revisions to the government’s proposed jury instructions for the
forfeiture portion of the trial.2 The government will separately
file its objections to defendants’ joint proposed jury instructions
(ECF 372).
1 The identities of the lenders and banks referenced in the
proposed jury instruction are not in genuine dispute. (See e.g.,
ECF 530, 531, 532, and 551.)
2 The government included proposed jury instructions for the
forfeiture portion of the trial in its previous filing (ECF 373).
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The government respectfully requests leave to make
modifications to these instructions, to submit such other and
additional instructions as may become appropriate, and/or to
withdraw any instructions that prove inapplicable.
Dated: June 22, 2021
Respectfully submitted,
TRACY L. WILKISON
Acting United States Attorney
SCOTT M. GARRINGER
Assistant United States Attorney
Chief, Criminal Division
/s/ Catherine Ahn
CATHERINE AHN
SCOTT PAETTY
BRIAN FAERSTEIN
Assistant United States Attorneys
CHRISTOPHER FENTON
Department of Justice Trial Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA
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INDEX OF GOVERNMENT AMENDED PROPOSED JURY INSTRUCTIONS
Proposed
No.
Court
No.
Title
Source
Page
1
Stipulations of
Fact
Ninth Cir. Model Jury
Instructions No. 2.4
(2010 ed.)
1
2
Transcript of
Recording in
Foreign Language
Ninth Cir. Model Jury
Instructions No. 2.7
(2010 ed.)
2
3
Foreign Language
Testimony
Ninth Cir. Model Jury
Instructions No. 2.9
(2010 ed.)
3
4
Defendant’s
Decision Not to
Testify
Ninth Cir. Model Jury
Instructions No. 3.3
(2010 ed.)
4
5
Defendant’s
Decision to
Testify
Ninth Cir. Model Jury
Instructions No. 3.4
(2010 ed.)
5
6
Activities Not
Charged
Ninth Cir. Model Jury
Instructions No. 3.10
(2010 ed.)
6
7
Other Crimes,
Wrongs or Acts of
Defendant
Ninth Cir. Model Jury
Instructions No. 4.3
(2010 ed.)
7
8
Impeachment,
Prior Conviction
of Defendant
Ninth Cir. Model Jury
Instructions No. 4.6
(2010 ed.)
8
9
Other Crimes,
Wrongs, or Acts
of Defendant /
Failure to Appear
Ninth Cir. Model Jury
Instructions Nos. 4.3
and 8.194 (2010 ed.)
9
10
Impeachment
Evidence (Anthony
Farrar)
Ninth Cir. Model Jury
Instructions No. 4.8
(2010 ed.)
10
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Proposed
No.
Court
No.
Title
Source
Page
11
Separate
Consideration of
Multiple Counts –
Multiple
Defendants
Ninth Cir. Model Jury
Instructions No. 3.13
(2010 ed.)
11
12
Disposition of
Charge Against
Codefendant
Ninth Cir. Model Jury
Instructions No. 2.15
(2010 ed.)
12
13
On or About –
Defined
Ninth Cir. Model Jury
Instructions No. 3.18
(2010 ed.)
13
14
Statements by
Defendant
Ninth Cir. Model Jury
Instructions No. 4.1
(2010 ed.)
14
15
Charts and
Summaries Not
Admitted Into
Evidence
Ninth Cir. Model Jury
Instructions No. 4.16
(2010 ed.)
15
16
Charts and
Summaries
Admitted Into
Evidence
Ninth Cir. Model Jury
Instructions No. 4.10
(2010 ed.)
16
17
Testimony of
Witnesses
Involving Special
Circumstances –
Immunity,
Benefits,
Accomplice, Plea
Ninth Cir. Model Jury
Instructions No. 4.19
(2010 ed.)
17
18
Opinion Evidence
– Expert Witness
Ninth Cir. Model Jury
Instructions No. 4.14
(2010 ed.)
18
19
Conspiracy -
Elements
(Generally)
Ninth Cir. Model Jury
Instructions No. 8.20
(2010 ed.)
19
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Proposed
No.
Court
No.
Title
Source
Page
20
Conspiracy –
Knowledge of the
Association with
Other
Conspirators
Ninth Cir. Model Jury
Instructions No. 8.25
(2010 ed.)
21
21
Conspiracy –
Liability for
Substantive
Offense Committed
by a Co-
Conspirator
(Pinkerton
Charge)
Ninth Cir. Model Jury
Instructions No. 2.4
(2010 ed.)
23
22
Aiding and
Abetting
Ninth Cir. Model Jury
Instructions No. 5.1
(2010 ed.)
24
23
Conspiracy –
Elements (Wire
Fraud and Bank
Fraud)
Ninth Cir. Model Jury
Instructions No. 8.20
(2010 ed.)
26
24
Wire Fraud
Ninth Cir. Model Jury
Instructions No. 8.124
(2010 ed.)
27
25
Bank Fraud –
Scheme to Defraud
by False Promises
Ninth Cir. Model Jury
Instructions No. 8.127
(2010 ed.)
30
26
Knowingly -
Defined
Ninth Cir. Model Jury
Instructions No. 5.7
(2010 ed.)
32
27
Aiding and
Abetting (18
U.S.C. § 2(b))
Ninth Cir. Model Jury
Instructions No. 5.1A
(2010 ed.)
33
28
Conspiracy –
Elements (Money
Laundering)
Ninth Cir. Model Jury
Instructions No. 8.20
(2010 ed.)
34
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Proposed
No.
Court
No.
Title
Source
Page
29
Laundering
Monetary
Instruments
Ninth Cir. Model Jury
Instructions No. 8.147
(2010 ed.)
36
30
Money Laundering
Ninth Cir. Model Jury
Instructions No. 8.150
(2010 ed.)
38
31
Fraud In
Connection With
Identification
Documents –
Aggravated
Identity Theft
Ninth Cir. Model Jury
Instructions No. 8.83
(2010 ed.)
39
32
Possession -
Defined
Ninth Cir. Model Jury
Instructions No. 3.15
(2010 ed.)
41
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COURT’S INSTRUCTION NO. __
GOVERNMENT’S PROPOSED INSTRUCTION NO. 1
The parties have agreed to certain facts that have been stated
to you. Those facts are now conclusively established.
Ninth Circuit Model Criminal Jury Instructions, No. 2.4 (2010 ed.)
[Stipulations of Fact].
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 2
You have heard a recording in the Armenian language. Each of
you were shown a transcript of the recording that has been admitted
into evidence. The transcript is an English-language translation of
the recording.
Although some of you may know the Armenian language, it is
important that all jurors consider the same evidence. The
transcript is the evidence, not the foreign language spoken in the
recording. Therefore, you must accept the English translation
contained in the transcript and disregard any different meaning of
the non-English words.
Ninth Circuit Model Criminal Jury Instructions, No. 2.7 (2010 ed.)
[Transcript of Recording in Foreign Language].
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 3
[If applicable]
You have heard testimony of a witness who testified in the
Armenian language. Witnesses who do not speak English or are more
proficient in another language testify through an official court
interpreter. Although some of you may know the Armenian language,
it is important that all jurors consider the same evidence.
Therefore, you must accept the interpreter’s translation of the
witness’s testimony. You must disregard any different meaning.
You must not make any assumptions about a witness or party
based solely on the fact that an interpreter was used.
Ninth Circuit Model Criminal Jury Instructions, No. 2.9 (2010 ed.)
[Foreign Language Testimony].
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 4
[If defendant does not testify]
A defendant in a criminal case has a constitutional right not
to testify. In arriving at your verdict, the law prohibits you from
considering in any manner that the defendant did not testify.
Ninth Circuit Model Criminal Jury Instructions, No. 3.3 (2010 ed.)
[Defendant’s Decision Not To Testify].
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 5
[If defendant testifies]
The defendant has testified. You should treat this testimony
just as you would the testimony of any other witness.
Ninth Circuit Model Criminal Jury Instructions, No. 3.4 (2010 ed.)
[Defendant’s Decision To Testify].
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 6
You are here only to determine whether each defendant is guilty
or not guilty of the charges in the indictment. The defendants are
not on trial for any conduct or offense not charged in the
indictment.
Ninth Circuit Model Criminal Jury Instructions, No. 3.10 (2010 ed.)
[Activities Not Charged] (modified to reflect multiple defendants).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 7
[If applicable]
You have heard evidence that a defendant committed other
crimes, wrongs, or acts not charged here. You may consider this
evidence only for its bearing, if any, on the question of the
defendant’s intent, motive, opportunity, preparation, plan,
knowledge, identity, absence of mistake, or absence of accident, and
for no other purpose. You may not consider this evidence as
evidence of guilt of the crime for which the defendant is now on
trial.
Ninth Circuit Model Criminal Jury Instructions, No. 4.3 (2010 ed.)
[Other Crimes, Wrongs or Acts of Defendant]
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 8
[If applicable]
You have heard evidence that the defendant has previously been
convicted of a crime. You may consider that evidence only as it may
affect the defendant’s believability as a witness. You may not
consider a prior conviction as evidence of guilt of the crime for
which the defendant is now on trial.
Ninth Circuit Model Criminal Jury Instructions, No. 4.6 (2010 ed.)
[Impeachment, Prior Conviction of Defendant].
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 9
You have heard evidence that defendant Richard Ayvazyan was
released under the Bail Reform Act. You may consider this evidence
only for its bearing, if any, on the question of whether defendant
Richard Ayvazyan was released under that Act during the commission
of the offenses charged in Counts Twenty-Eight through Thirty-Two.
You may not consider defendant Richard Ayvazyan’s bail status as
evidence of guilt of the crimes for which he is now on trial.
Ninth Circuit Model Criminal Jury Instructions, Nos. 4.3 (2010 ed.)
[Other Crimes, Wrongs, of Acts of Defendant] and 8.194 [Failure to
Appear] (modified).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 10
[If applicable]
You have heard evidence that Anthony Farrar, a witness, had a
prior criminal conviction. You may consider this evidence in
deciding whether or not to believe this witness and how much weight
to give to the testimony of this witness.
Ninth Circuit Model Criminal Jury Instructions, No. 4.8 (2010 ed.)
[Impeachment Evidence] (modified to reflect witness and conviction).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 11
A separate crime is charged against one or more of the
defendants in each count. The charges have been joined for trial.
You must decide the case of each defendant on each crime charged
against that defendant separately. Your verdict on any count as to
any defendant should not control your verdict on any other count or
as to any other defendant.
All the instructions apply to each defendant and to each count
unless a specific instruction states that it applies only to a
specific defendant and/or count.
Ninth Circuit Model Criminal Jury Instructions, No. 3.13 (2010 ed.)
[Separate Consideration of Multiple Counts -- Multiple Defendants].
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COURT’S INSTRUCTION NO. __
GOVERNMENT’S PROPOSED INSTRUCTION NO. 12
Any other person’s decision to plead guilty is a personal
decision about his or her own guilt. You should not use any
individual’s decision to plead guilty in any way as evidence against
any of the defendants on trial. You have heard that other co-
defendants were charged in this case, and you should not speculate
about the reasons why co-defendants were not part of the trial.
Ninth Circuit Model Criminal Jury Instructions, No. 2.15 (2010 ed.)
[Defendant’s Decision To Testify] (modified to conform to
Instruction Previously Given during Trial (Day 2, June 16, 2021
afternoon); see also United States v. Vennie, 790 Fed. Appx. 506,
510 (4th Cir. 2019) and United States v. Halbert, 640 F.2d 1000,
1004-07 (9th Cir. 1981).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 13
The indictment charges that the offenses alleged were committed
“on or about” or “in or around” certain dates.
Although it is necessary for the government to prove beyond a
reasonable doubt that the specified offense was committed on a date
reasonably near the date alleged in the specified count, it is not
necessary for the government to prove that the specified offense was
committed precisely on the date charged.
Ninth Circuit Model Criminal Jury Instructions, No. 3.18 (2010 ed.)
[On or About –- Defined] (modified to reflect multiple offenses and
to include “in or around”).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 14
You have heard testimony that a defendant made a statement. It
is for you to decide (1) whether the defendant made the statement,
and (2) if so, how much weight to give to it. In making those
decisions, you should consider all the evidence about the statement,
including the circumstances under which the defendant may have made
it.
Ninth Circuit Model Criminal Jury Instructions, No. 4.1 (2010 ed.)
[Statements by Defendant].
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 15
[If applicable]
During the trial, certain charts and summaries were shown to
you in order to help explain the evidence in the case. These charts
and summaries were not admitted into evidence and will not go into
the jury room with you. They are not themselves evidence or proof
of any facts. If they do not correctly reflect the facts or figures
shown by the evidence in the case, you should disregard these charts
and summaries and determine the facts from the underlying evidence.
Ninth Circuit Model Criminal Jury Instructions, No. 4.16 (2010 ed.)
[Charts and Summaries Not Admitted Into Evidence].
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 16
Certain charts and summaries have been admitted into evidence.
Charts and summaries are only as good as the underlying supporting
material. You should, therefore, give them only such weight as you
think the underlying material deserves.
Ninth Circuit Model Criminal Jury Instructions, No. 4.10 (2010 ed.)
[Charts and Summaries Admitted Into Evidence].
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 17
[If applicable]
You have heard testimony from [NAME or NAMES], [a] witness[es]
who admitted being [an] accomplice[s] to the crimes charged. An
accomplice is one who voluntarily and intentionally joins with
another person in committing a crime.
For this reason, in evaluating the testimony of [NAME or
NAMES], you should consider the extent to which or whether
[his][her][their] testimony may have been influenced by this factor.
In addition, you should examine the testimony of [NAME or NAMES]
with greater caution than that of other witnesses.
Ninth Circuit Model Criminal Jury Instructions, No. 4.9 (2010 ed.)
[Testimony of Witnesses Involving Special Circumstances -- Immunity,
Benefits, Accomplice, Plea] (modified).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 18
[If applicable]
You have heard testimony from [NAME(s)] who testified to
opinions and the reasons for [his/her/their] opinions. This opinion
testimony is allowed because of the education or experience of
[this/these] witness[es].
Such opinion testimony should be judged like any other
testimony. You may accept it or reject it, and give it as much
weight as you think it deserves, considering the witness’s education
and experience, the reasons given for the opinion, and all the other
evidence in the case.
Ninth Circuit Model Criminal Jury Instructions, No. 4.14 (2010 ed.)
[Opinion Evidence, Expert Witness].
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COURT’S INSTRUCTION NO. __
GOVERNMENT’S PROPOSED INSTRUCTION NO. 19
Counts One and Twenty-Six of the indictment charge all of the
defendants with conspiring to commit other specified crimes. Before
I state and explain the elements of the crimes that are the objects
of the conspiracies, I will first provide some general instructions
on the crime of conspiracy itself. These instructions apply with
equal force to Counts One and Twenty-Six of the indictment.
A conspiracy is a kind of criminal partnership—an agreement of
two or more persons to commit one or more crimes. The crime of
conspiracy is the agreement to do something unlawful; it does not
matter whether the crime agreed upon was committed.
For a conspiracy to have existed, it is not necessary that the
conspirators made a formal agreement or that they agreed on every
detail of the conspiracy. It is not enough, however, that they
simply met, discussed matters of common interest, acted in similar
ways, or perhaps helped one another. You must find that there was a
plan to commit at least one of the crimes alleged in the indictment
as an object of the conspiracy with all of you agreeing as to the
particular crime which the conspirators agreed to commit.
One becomes a member of a conspiracy by willfully participating
in the unlawful plan with the intent to advance or further some
object or purpose of the conspiracy, even though the person does not
have full knowledge of all the details of the conspiracy.
Furthermore, one who willfully joins an existing conspiracy is as
responsible for it as the originators. On the other hand, one who
has no knowledge of a conspiracy, but happens to act in a way which
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furthers some object or purpose of the conspiracy, does not thereby
become a conspirator. Similarly, a person does not become a
conspirator merely by associating with one or more persons who are
conspirators, nor merely by knowing that a conspiracy exists.
Ninth Circuit Model Criminal Jury Instructions, No 8.20 (2010 ed.)
[Conspiracy—Elements] (modified to (1) delete elements of § 1349
conspiracy and retain general summary of conspiracy law; and (2)
reflect the charges in the indictment and to add the first
introductory paragraph).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 20
A conspiracy may continue for a long period of time and may
include the performance of many transactions. It is not necessary
that all members of the conspiracy join it at the same time, and one
may become a member of a conspiracy without full knowledge of all
the details or purposes of the unlawful scheme or the names,
identities, or locations of all of the other members.
Even though a defendant did not directly conspire with other
conspirators in the overall scheme, the defendant has, in effect,
agreed to participate in the conspiracy if the government proves
each of the following beyond a reasonable doubt:
First, that the defendant directly conspired with one or more
conspirators to carry out at least one of the objects of the
conspiracy;
Second, that the defendant knew or had reason to know that
other conspirators were involved with those with whom the defendant
directly conspired; and
Third, that the defendant had reason to believe that whatever
benefits the defendant might get from the conspiracy were probably
dependent upon the success of the entire venture.
It is not a defense that a person’s participation in a
conspiracy was minor or for a short period of time.
Ninth Circuit Model Jury Instructions, No. 8.23 (2010 ed.)
[Conspiracy—Knowledge of the Association with Other Conspirators]
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(modified to add the phrase “or purposes,” which is language taken
from comment to Model Instruction 8.23 and from United States v.
Escalante, 637 F.2d 1197 (9th Cir. 1980), which the model
instruction cites to clarify conspiracy timeline requirements); see
also Escalante, 637 F.2d at 1200 (“In order to be a coconspirator,
one need not know all the purposes of and participants in the
conspiracy.”).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 21
Each member of a conspiracy is responsible for the actions of
the other conspirators performed during the course of and in
furtherance of the conspiracy. If one member of a conspiracy
commits a crime in furtherance of a conspiracy, the other members
have also, under the law, committed the crime.
Therefore, you may find a defendant guilty of a crime charged
in the indictment if the government has proved each of the following
elements beyond a reasonable doubt:
First, someone committed the crime;
Second, that person was a member of a conspiracy;
Third, that person performed the crime in furtherance of the
conspiracy;
Fourth, that person and the defendant were members of the same
conspiracy at the time that this crime was committed; and
Fifth, the crime fell within the scope of that conspiracy and
could reasonably have been foreseen, by the defendant, to be a
necessary or natural consequence of the conspiracy.
Ninth Circuit Model Jury Instruction, No. 8.25 (2010 ed.)
[Conspiracy –- Liability for Substantive Offense Committed by a Co-
Conspirator (Pinkerton Charge)] (modified for generic reference).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 22
A defendant may also be found guilty of a crime even if the
defendant personally did not commit the act or acts constituting the
crime but aided and abetted in its commission. To “aid and abet”
means intentionally to help someone else commit a crime. To prove a
defendant guilty of committing a particular crime by means of aiding
and abetting, the government must prove each of the following beyond
a reasonable doubt:
First, a crime was committed by someone;
Second, the defendant aided, counseled, commanded, induced, or
procured that person with respect to at least one element of the
crime;
Third, the defendant acted with the intent to facilitate the
crime; and
Fourth, the defendant acted before the crime was completed.
It is not enough that the defendant merely associated with the
person committing the crime, or unknowingly or unintentionally did
things that were helpful to that person, or was present at the scene
of the crime. The evidence must show beyond a reasonable doubt that
the defendant acted with the knowledge and intention of helping that
person commit the crime.
A defendant acts with the intent to facilitate the crime when
the defendant actively participates in a criminal venture with
advance knowledge of the crime.
The government is not required to prove precisely which
defendant actually committed the crime and which defendant aided and
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abetted.
Ninth Circuit Model Criminal Jury Instructions, No. 5.1 (2010 ed.)
[Aiding and Abetting] (modified for generic reference).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 23
All of the defendants are charged in Count One of the
indictment with conspiring to commit wire fraud, in violation of
Section 1343 of Title 18 of the United States Code, and bank fraud,
in violation of Section 1344(2) of Title 18 of the United States
Code.
In order for a defendant to be found guilty of the charge in
Count One the government must prove each of the following elements
beyond a reasonable doubt:
First, beginning no later than in or around March 2020 and
continuing until at least in or around August 2020, there was an
agreement between two or more persons to commit at least one crime
as charged in the indictment; and
Second, the defendant became a member of the conspiracy knowing
of at least one of its objects and intending to help accomplish it.
The crimes that are alleged to be the objects of the conspiracy
-– wire fraud and bank fraud -- are defined in the next
instructions.
Ninth Circuit Model Criminal Jury Instructions, No. 8.20 (2010 ed.)
[Conspiracy -- Elements] (modified to reflect the charges in the
indictment and note that the object offenses are defined in the next
instruction).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 24
The defendants are charged in Counts Two through Twelve of the
indictment with wire fraud, in violation of Section 1343 of Title 18
of the United States Code, as follows:
COUNT
DATE
INTERSTATE WIRE TRANSMISSION
DEFENDANTS
CHARGED
TWO
May 1,
2020
Transfer of approximately $182,637
in PPP loan proceeds from WebBank,
sent by means of an interstate wire,
into S. Construction JPMorgan Chase,
N.A. Account
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN
THREE
May 5,
2020
Transfer of approximately $124,000
in PPP loan proceeds from Cross
River Bank, sent by means of an
interstate wire, into Allstate
Towing U.S. Bank Account
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN
FOUR
May 8,
2020
Transfer of approximately $130,000
in PPP loan proceeds from Celtic
Bank, sent by means of an interstate
wire, into TQC Wells Fargo Bank,
N.A. Account
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN
FIVE
May
11,
2020
Transfer of approximately $137,500
in PPP loan proceeds from Comerica
Bank, sent by means of an interstate
wire, into Secureline Realty
Comerica Bank Account
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN
SIX
May
11,
2020
Transfer of approximately $130,187
in PPP loan proceeds from Celtic
Bank, sent by means of an interstate
wire, into Redline Auto Collision
JPMorgan Chase, N.A. Account
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN
SEVEN
May
20,
2020
Transfer of approximately $157,500
in PPP loan proceeds from Celtic
Bank, sent by means of an interstate
wire, into Voyage Limo Wells Fargo
Bank, N.A. Account
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN;
V. DADYAN
EIGHT
June
16,
2020
Transfer of approximately $149,900
in EIDL loan proceeds from the SBA,
sent by means of an interstate wire,
into G&A Diamonds U.S. Bank Account
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN;
V. DADYAN
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COUNT
DATE
INTERSTATE WIRE TRANSMISSION
DEFENDANTS
CHARGED
NINE
June
17,
2020
Transfer of approximately $150,000
in EIDL loan proceeds from the
Redline Auto Collision JPMorgan
Chase, N.A. Account, sent by means
of an interstate wire, to Terabelian
Bank of America, N.A. Account
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN;
V. DADYAN
TEN
June
22,
2020
Transfer of approximately $149,900
in EIDL loan proceeds from the SBA,
sent by means of an interstate wire,
into Timeline Transport Radius Bank
(a/k/a LendingClub Bank) Account
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN;
V. DADYAN
ELEVEN July
31,
2020
Transfer of approximately $384,150
in PPP loan proceeds from Newtek
Small Business Finance, sent by
means of an interstate wire, into
Mod Interiors Radius Bank Account
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN;
V. DADYAN
TWELVE August
13,
2020
Submission of application for PPP
loan to Newtek Small Business
Finance in the name of A.D., sent by
means of an interstate wire
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN;
V. DADYAN
In order for a defendant to be found guilty of wire fraud, in
violation of Section 1343 of Title 18 of the United States Code, the
government must prove each of the following elements beyond a
reasonable doubt:
First, the defendant knowingly participated in or devised a
scheme or plan to defraud, or a scheme or plan for obtaining money
or property by means of false or fraudulent pretenses,
representations, or promises. Deceitful statements of half-truths
may constitute false or fraudulent representations;
Second, the statements made or facts omitted as part of the
scheme were material; that is, they had a natural tendency to
influence, or were capable of influencing, a person to part with
money or property;
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Third, the defendant acted with the intent to defraud, that is,
the intent to deceive and cheat; and
Fourth, the defendant used, or caused to be used, an interstate
wire communication to carry out or attempt to carry out an essential
part of the scheme.
In determining whether a scheme to defraud exists, you may
consider not only the defendant’s words and statements, but also the
circumstances in which they are used as a whole.
A wiring is caused when one knows that a wire will be used in
the ordinary course of business or when one can reasonably foresee
such use.
It need not have been reasonably foreseeable to the defendant
that the wire communication would be interstate in nature. Rather,
it must have been reasonably foreseeable to the defendant that some
wire communication would occur in furtherance of the scheme, and an
interstate wire communication must have actually occurred in
furtherance of the scheme.
Ninth Circuit Model Criminal Jury Instructions, No. 8.124 (2010 ed.;
approved 4/2019) [Wire Fraud] (modified to add chart of specific
counts and to include specific references to lenders and banks).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 25
The defendants are charged in Counts Thirteen through Twenty of
the indictment with bank fraud, in violation of Section 1344(2) of
Title 18 of the United States Code, as follows:
In order for a defendant to be found guilty of bank fraud, in
violation of Section 1344(2) of Title 18 of the United States Code,
the government must prove each of the following elements beyond a
reasonable doubt:
COUNT
DATE
ACT
DEFENDANTS
CHARGED
THIRTEEN
April
18, 2020
Submission of application for
PPP loan to WebBank in the
name of H. Construction
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN
FOURTEEN
April
30, 2020
Submission of application for
PPP loan to Celtic Bank in the
name of TQC
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN
FIFTEEN
May 2,
2020
Submission of application for
PPP loan to Cross River Bank
in the name of Allstate Towing
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN
SIXTEEN
May 7,
2020
Submission of application for
PPP loan to Celtic Bank in the
name of Redline Auto Collision
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN
SEVENTEEN May 9,
2020
Submission of application for
PPP loan to Comerica Bank in
the name of Secureline Realty
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN
EIGHTEEN
May 18,
2020
Submission of application for
PPP loan to Celtic Bank in the
name of Voyage Limo
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN;
V. DADYAN
NINETEEN
June 25,
2020
Submission of application for
PPP loan to Celtic Bank in the
name of Redline Auto Mechanics
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN;
V. DADYAN
TWENTY
July 13,
2020
Submission of application for
PPP loan to Seattle Bank in
the name of Runyan Tax Service
R. AYVAZYAN;
M. TERABELIAN;
A. AYVAZYAN;
V. DADYAN
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First, for each Count, the defendant knowingly carried out a
scheme or plan to obtain money or property from the financial
institution specified in the Count by making false statements or
promises;
Second, the defendant knew that the statements or promises were
false;
Third, the statements or promises were material; that is, they
had a natural tendency to influence, or were capable of influencing,
a financial institution to part with money or property;
Fourth, the defendant acted with the intent to defraud; and
Fifth, the specified financial institution was federally
insured.
Ninth Circuit Model Criminal Jury Instructions, No. 8.127 (2010 ed.)
[Bank Fraud—Scheme to Defraud by False Promises] (modified to add
chart of specific counts)
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 26
An act is done knowingly if the defendant is aware of the act
and does not act through ignorance, mistake, or accident. You may
consider evidence of the defendant’s words, acts, or omissions,
along with all the other evidence, in deciding whether the defendant
acted knowingly.
Ninth Circuit Model Criminal Jury Instructions, No. 5.7 (2010 ed.)
[Knowingly-Defined]
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 27
A defendant may be found guilty of wire fraud or bank fraud as
charged in each of Counts Two through Twelve and Thirteen through
Twenty of the indictment even if the defendant did not personally
commit the acts constituting the crime if the defendant willfully
caused an act to be done that if directly performed by him or her
would be an offense against the United States. A defendant who puts
in motion or causes the commission of an indispensable element of
the offense may be found guilty as if he or she had committed this
element him- or herself.
Ninth Circuit Model Criminal Jury Instructions, No. 5.1A (2010 ed.;
approved 9/2019) [Aiding and Abetting (18 U.S.C. § 2(b) (modified to
reflect charges in the indictment)]
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 28
All of the defendants are charged in Count Twenty-Six of the
indictment with conspiring to engage in money laundering, in
violation of Section 1956(h) of Title 18 of the United States Code.
In order for a defendant to be found guilty of that charge, the
government must prove each of the following elements beyond a
reasonable doubt:
First, beginning no later than in or around March 2020 and
continuing until at least in or around October 2020, there was an
agreement between two or more persons to commit at least one of the
following crimes: (1) money laundering, in violation of Section
1956(a)(1)(B)(i) of Title 18 of the United States Code; and
(2) engaging in monetary transactions in property derived from
specified unlawful activity, in violation of Section 1957 of Title
18 of the United States Code -- with all of you agreeing as to the
particular crime which the conspirators agreed to commit; and
Second, the defendant became a member of the conspiracy knowing
of at least one of its objects and intending to help accomplish it.
The crimes that are alleged to be the objects of the conspiracy
charged in Count Twenty-Six -- money laundering and engaging in
monetary transactions in property derived from specified unlawful
activity -- are further defined in the next instructions.
Ninth Circuit Model Criminal Jury Instructions, No. 8.20 (2010 ed.)
[Conspiracy -- Elements] (modified to reflect the charges in the
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indictment and note that the object offenses are defined in the next
instructions).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 29
Defendant Vahe Dadyan is charged in Count Twenty-Seven, and
defendant Richard Ayvazyan is charged in Counts Twenty-Eight through
Thirty-Two, with laundering money, in violation of Section
1956(a)(1)(B)(i) of Title 18 of the United States Code.
In order for a defendant to be found guilty of laundering money
as charged in the aforementioned counts, the government must prove
each of the following elements beyond a reasonable doubt:
First, the defendant conducted a financial transaction
involving property that represented the proceeds of conspiracy to
commit bank fraud and wire fraud, in violation of Section 1349 of
Title 18 of the United States Code; wire fraud in violation of
Section 1343 of Title 18 of the United States Code; or bank fraud,
in violation of Section 1344(2) of Title 18 of the United States
Code;
Second, the defendant knew that the property represented the
proceeds of some form of unlawful activity; and
Third, the defendant knew that the transaction was designed in
whole or in part to conceal or disguise the nature, location,
source, ownership, and/or control of such proceeds.
A financial transaction is a transaction involving the use of a
financial institution that is engaged in, or the activities of which
affect interstate or foreign commerce in any way.
The phrase “knew that the property represented the proceeds of
some form of unlawful activity” means that the defendant knew that
the property involved in the transaction represented proceeds from
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some form, though not necessarily which form, of activity that
constitutes a felony. I instruct you that conspiracy to commit wire
fraud and bank fraud, wire fraud, and bank fraud are each a felony.
Defendant Richard Ayvazyan is charged with committing the
offenses charged in Counts Twenty-Eight through Thirty-Two while
released pursuant to the Bail Reform Act. If you find beyond a
reasonable doubt that defendant Richard Ayvazyan committed any of
these offenses, you must also determine whether the government has
proven beyond a reasonable doubt that he committed the offense while
on release.
Ninth Circuit Model Jury Instructions, No. 8.147 (2010 ed.)
[Laundering Monetary Instruments (18 U.S.C. § 1956(a)(1)(B))]
(modified to reflect charges in the indictment, including § 3147
allegation).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 30
Laundering money in violation of Section 1957 of Title 18 of
the United States Code is the second object of the conspiracy
charged in Count Twenty-Six.
In order for a person to be found guilty of committing this
object of the conspiracy, the government would have to prove each of
the following elements beyond a reasonable doubt:
First, the person knowingly engaged in a monetary transaction;
Second, the person knew that the transaction involved
criminally derived property;
Third, the property had a value greater than $10,000;
Fourth, the property was, in fact, derived from wire fraud, in
violation of Section 1343 of Title 18 of the United States Code, or
bank fraud, in violation of Section 1344(2) of Title 18 of the
United States Code; and
Fifth, the transaction occurred in the United States.
The term “monetary transaction” means the deposit, withdrawal,
transfer, or exchange, in or affecting interstate commerce, of funds
or a monetary instrument by, through, or to a financial institution.
Ninth Circuit Model Jury Instructions, No. 8.150 (2010 ed.) [Money
Laundering (18 U.S.C. § 1957)] (modified to reflect the indictment).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 31
Defendant Richard Ayvazyan is charged in Counts Twenty-One and
Twenty-Two of the indictment with aggravated identity theft in
violation of Section 1028A of the Title 18 of the United States
Code. Defendant Marietta Terabelian is charged with this offense in
Count Twenty-Two, and defendant Artur Ayvazyan is charged with this
offense in Count Twenty-Four.
In order for a defendant to be found guilty of aggravated
identity theft as charged in these counts, the government must prove
each of the following elements beyond a reasonable doubt:
First, the defendant knowingly transferred, possessed, or used
without legal authority a means of identification of another person,
namely, at least one of the following: For Count Twenty-One, the
name of M.Z; for Count Twenty-Two, the name and California driver’s
license number of N.T.; and for Count Twenty-Four, the name and date
of birth of A.D.
Second, the defendant knew that the means of identification
belonged to a real person; and
Third, the defendant did so during and in relation to a
specific bank fraud or wire fraud offense charged in the indictment,
namely, for Count Twenty-One, bank fraud, as charged in Count
Fourteen; for Count Twenty-Two, wire fraud, as charged in Count
Eleven; and for Count Twenty-Four, wire fraud, as charged in Count
Twelve.
To act “without legal authority” means to act in a way that is
contrary to law. Thus, the government need not establish that the
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means of identification of another person was stolen or used without
that person’s consent or permission.
Ninth Circuit Model Criminal Jury Instructions, No. 8.83 (2010 ed.;
approved 3/2021) [Fraud in Connection with Identification Documents—
Aggravated Identity Theft (18 U.S.C. § 1028A)] (modified to (1) note
that the predicate crime is a felony that is defined in a previous
instruction; (2) include the specific means of identification and
victims, in accordance with United States v. Ward, 747 F.3d 1184,
1192-93 (9th Cir. 2014) (reversing for constructive amendment where
court “declined to name the specific victims whose identities the
indictment accused [the defendant] of stealing”); and (3) explain
that “without lawful authority” simply means contrary to law and
does not require the government to prove that the identity was
stolen or used without consent, as set forth in United States v.
Osuna-Alvarez, 788 F.3d 1183, 1186 (9th Cir. 2015) (holding that a
defendant makes “use” of an identification without lawful authority
even if the owner of the identity is complicit in the defendant’s
use).
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COURT’S INSTRUCTION NO. _____
GOVERNMENT’S PROPOSED INSTRUCTION NO. 32
A person has possession of something if the person knows of its
presence and has physical control of it, or knows of its presence
and has the power and intention to control it.
More than one person can be in possession of something if each
knows of its presence and has the power and intention to control it.
Ninth Circuit Model Criminal Jury Instructions, No. 3.15 (2010 ed.)
[Possession -- Defined].
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