Proposed Jury Instructions (Annotated - Supplemental set) — USA v. Ayvazyan et al. (Dkt. 569, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 569 · 2021-06-23 · 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 
No. CR 20-579(A)-SVW 
GOVERNMENT’S PROPOSED SUPPLEMENTAL 
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 
Case 2:20-cr-00579-SVW     Document 569     Filed 06/23/21     Page 1 of 7   Page ID
#:6819

 
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      “Anton Kudiumov,” 
ARMAN HAYRAPETYAN, 
EDVARD PARONYAN, 
aka “Edvard Paronian” and 
    “Edward Paronyan,” and 
VAHE DADYAN, 
 
Defendants. 
[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 supplemental proposed jury instructions, which include 
a limiting instruction agreed-upon by the government and counsel for 
defendant Marietta Terabelian. 
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Case 2:20-cr-00579-SVW     Document 569     Filed 06/23/21     Page 2 of 7   Page ID
#:6820

 
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The government’s supplemental proposed jury instructions are 
based on the Ninth Circuit’s Model Jury Instructions (2010 ed.), the 
files and records in this case, and such further evidence and 
argument as the Court may permit. 
Dated: June 23, 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 
 
Case 2:20-cr-00579-SVW     Document 569     Filed 06/23/21     Page 3 of 7   Page ID
#:6821

 
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COURT’S INSTRUCTION NO. __ 
GOVERNMENT’S PROPOSED INSTRUCTION NO. ___ 
[Proposed to follow the Government’s Proposed Instruction 26, based 
on Ninth Circuit Model Criminal Jury Instructions, No. 5.7 (2010 
ed.) on “Knowingly – Defined”] 
You may find that defendant Artur Ayvazyan acted knowingly with 
respect to wire fraud as charged in Counts Two through Twelve, bank 
fraud as charged in Counts Thirteen through Twenty, and the 
conspiracy to commit wire fraud and bank fraud charged in Count One, 
if you find beyond a reasonable doubt that defendant Artur Ayvazyan: 
1. 
Was aware of a high probability that materially false 
statements and information were submitted in Paycheck Protection 
Program (“PPP”) and Economic Injury Disaster Loan (“EIDL”) loan 
applications; and 
2. 
Deliberately avoided learning the truth. 
 
 
 
 
 
 
 
 
 
Ninth Circuit Model Criminal Jury Instructions, No. 5.8 (2010 ed.) 
[Deliberate Ignorance]. 
 
Case 2:20-cr-00579-SVW     Document 569     Filed 06/23/21     Page 4 of 7   Page ID
#:6822

 
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COURT’S INSTRUCTION NO. __ 
GOVERNMENT’S PROPOSED INSTRUCTION NO. ___ 
You may find that defendant Artur Ayvazyan acted knowingly with 
respect to laundering money, the two objects of the conspiracy 
charged in Count Twenty-Six, if you find beyond a reasonable doubt 
that defendant Artur Ayvazyan: 
1. 
Was aware of a high probability that the transaction 
involved criminal derived property; and  
2. 
Deliberately avoided learning the truth. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Ninth Circuit Model Criminal Jury Instructions, No. 5.8 (2010 ed.) 
[Deliberate Ignorance]. 
 
Case 2:20-cr-00579-SVW     Document 569     Filed 06/23/21     Page 5 of 7   Page ID
#:6823

 
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COURT’S INSTRUCTION NO. __ 
GOVERNMENT’S PROPOSED INSTRUCTION NO. ___ 
You may find that defendant Artur Ayvazyan acted knowingly with 
respect to aggravated identity theft charged in Count Twenty-Four, 
if you find beyond a reasonable doubt that defendant Artur Ayvazyan: 
1. 
Was aware of a high probability that he was aiding and 
abetting the transfer, possession, and use, willfully caused the 
transfer, possession and use, the means of identification of another 
person, namely, that name and date of birth of A.D., during and in 
relation to wire fraud; 
2. 
Was aware of a high probability that A.D. was a real 
person; and 
3. 
Deliberately avoided learning the truth. 
 
 
 
 
 
 
 
 
 
 
 
 
Ninth Circuit Model Criminal Jury Instructions, No. 5.8 (2010 ed.) 
[Deliberate Ignorance]. 
 
Case 2:20-cr-00579-SVW     Document 569     Filed 06/23/21     Page 6 of 7   Page ID
#:6824

 
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COURT’S INSTRUCTION NO. _____ 
GOVERNMENT’S PROPOSED INSTRUCTION NO. ___ 
You have heard that defendant Marietta Terabelian made phone 
calls from jail.  You must not consider the fact that she was in 
jail as evidence of her guilt of the crimes charged in this case. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Agreed-upon by the government and counsel for defendant Marietta 
Terabelian. 
Case 2:20-cr-00579-SVW     Document 569     Filed 06/23/21     Page 7 of 7   Page ID
#:6825

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