Court filing
Proposed Jury Instructions (Amended and Annotated Supplement set) — USA v. Ayvazyan et al. (Dkt. 573, C.D. Cal.)
Filed June 23, 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 | 2021-06-23 |
U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 573 · 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 (AMENDED)
[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 573 Filed 06/23/21 Page 1 of 7 Page ID
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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 (amended),
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 573 Filed 06/23/21 Page 2 of 7 Page ID
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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 573 Filed 06/23/21 Page 3 of 7 Page ID
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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.
You may not find such knowledge, however, if you find that
defendant Artur Ayvazyan actually believed that materially false
statements and information were not submitted in Paycheck Protection
Program (“PPP”) and Economic Injury Disaster Loan (“EIDL”) loan
applications, or if you find that defendant Artur Ayvazyan was
simply negligent, careless, or foolish.
Ninth Circuit Model Criminal Jury Instructions, No. 5.8 (2010 ed.)
[Deliberate Ignorance].
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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.
You may not find such knowledge, however, if you find that
defendant Artur Ayvazyan actually believed that the transaction did
not involve criminally derived property, or if you find that
defendant Artur Ayvazyan was simply negligent, careless, or foolish.
Ninth Circuit Model Criminal Jury Instructions, No. 5.8 (2010 ed.)
[Deliberate Ignorance].
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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, and was aware of a high
probability that he had willfully caused the transfer, possession
and use, without lawful authority, means of identification of
another person, namely, the 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.
You may not find such knowledge, however, if you find that he
was simply negligent, careless or foolish, or if you find that
defendant Artur Ayvazyan actually believed he:
1.
Was not aiding and abetting the transfer, possession, and
use, and actually believed he had not willfully caused transfer,
possession and use, without lawful authority, means of
identification of another person, namely, the name and date of birth
of A.D., during and in relation to wire fraud; or
2.
That A.D. was not a real person.
Ninth Circuit Model Criminal Jury Instructions, No. 5.8 (2010 ed.)
[Deliberate Ignorance].
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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 573 Filed 06/23/21 Page 7 of 7 Page ID
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