Opposition to Request to Continue Surrender Date from January 5, 2021 — USA v. Ayvazyan et al. (Dkt. 1225, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 1225 · 2021-12-29 · Docket on CourtListener

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TRACY L. WILKISON 
Interim 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 S. 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. 
ARTUR AYVAZYAN, 
aka “Arthur Ayvazyan,” and 
TAMARA DADYAN, 
 
Defendants. 
No. CR 20-00579-SVW 
GOVERNMENT’S OPPOSITION TO DEFENDANT 
ARTUR AYVAZYAN’S SECOND MOTION (ECF 
1216) AND DEFENDANT TAMARA DADYAN’S 
FIRST REQUEST (ECF 1217) TO EXTEND 
RESPECTIVE SURRENDER DATES 
 
Plaintiff United States of America, by and through its counsel 
of record, the Interim United States Attorney for the Central 
Case 2:20-cr-00579-SVW   Document 1225   Filed 12/29/21   Page 1 of 8   Page ID #:19497

 
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District of California, Assistant United States Attorneys Catherine 
Ahn, Scott Paetty, and Brian Faerstein, and Department of Justice 
Trial Attorney Christopher Fenton, hereby files its opposition to 
defendant Artur Ayvazyan’s second motion (ECF 1216) and defendant 
Tamara Dadyan’s first request (ECF 1217) to extend their respective 
surrender dates. 
The government’s opposition is based upon the attached 
memorandum of points and authorities, the declaration of Catherine 
Ahn, and the files and records in this case. 
Dated:  December 29, 2021 
Respectfully submitted, 
 
TRACY L. WILKISON 
Interim United States Attorney 
 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division 
 
     /s/ 
 
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 1225   Filed 12/29/21   Page 2 of 8   Page ID #:19498

 
 
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MEMORANDUM OF POINTS AND AUTHORITIES 
Defendant Artur Ayvazyan was convicted of 22 felonies on June 
25, 2021.  (ECF 644.)  The government has twice moved to remand 
defendant Artur Ayvazyan, which the Court denied.  His wife, co-
conspirator, and co-defendant Tamara Dadyan was convicted on June 14, 
2021 pursuant to a plea agreement, in which she pled guilty to 
conspiracy to conspiracy to commit wire fraud and bank fraud (Count 
1), one count of conspiracy to commit money laundering (Count 26), 
and one count of aggravated identity theft (Count 24).  (ECF 525.)  
The government moved to remand defendant Tamara Dadyan, which the 
Court also denied.  By the date imposed by this Court for their self-
surrender, both defendants will have now had nearly 200 days to 
prepare themselves for self-surrender.  The government opposes 
defendants’ requests for a continuance of their surrender date 
because defendants continue to pose the same risks of flight and 
serious harm that led the government to request remand in the first 
instance and because defendants have had ample opportunity to prepare 
to report to begin serving their respective sentences.   
Defendants Artur Ayvazyan and Tamara Dadyan were convicted of a 
callous and extensive fraud and money laundering conspiracy to steal 
funds that were intended to assist small businesses in dire need of 
help during one of the most difficult economic and medical crises 
this country has faced.  Their crimes were assisted by their prolific 
use of an assembly line of fraud that included forging official 
documents, creating and maintaining false and synthetic individual 
and business identities, and opening and maintaining financial 
accounts in the names of those false and synthetic identities.  These 
crimes were compounded by their willingness to lie, under oath, to 
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the jury and to this Court: (1) in the case of Artur Ayvazyan, to 
minimize and negate his role in the fraud through a transparent and 
fruitless attempt to lay the entirety of the blame for his own 
conduct on his wife, who had pleaded guilty prior to trial; and (2) 
in the case of Tamara Dadyan, to refuse to acknowledge her well-
evidenced role in the convicted conspiracies and to make inconsistent 
and internally contradictory statements regarding her text messages 
and her participation in the charged schemes.  During defendant Artur 
Ayvazyan and Tamara Dadyan’s sentencing hearings, this Court found 
that both defendants lied under oath and were not credible. 
Defendants have had more than enough time to make arrangements 
for the disposition of their responsibilities while remaining 
released on bond.  Defendants’ requests to delay their surrender date 
is a continuation of their attempts to avoid finally facing justice 
for the serious crimes they committed against the United States and 
its people during a time of grave calamity.   
Defendants have a history of seeking to avoid imprisonment, 
leading to the instant situation in which defendants have been able 
to avoid surrendering to the Bureau of Prisons, while on bond, for 
nearly 200 days post-conviction.  Following this Court’s original in-
court denial of co-defendants and current fugitives Richard Ayvazyan 
and Marietta Terabelian’s attempt to continue sentencing, the 
sentencing hearings for the fugitives and defendant Artur Ayvazyan 
were continued from September 13, 2021 to October 4, 2021.  (ECF 
856.)  Defendant Artur Ayvazyan moved to continue sentencing from 
October 4, 2021 to October 18, 2021 based on the late disclosure of 
the Presentence Investigation Report (“PSR”), which the government 
did not oppose (ECF 884, 887); however, following granting of that 
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additional continuance, defendant Artur Ayvazyan again moved to 
continue his sentencing from October 18, 2021 to November 15, 2021, 
which the government opposed (ECF 997, 1010).  Sentencing proceeded 
on that date, during which the Court granted defendant 49 days, or 
more than 1.5 months, to self-surrender on January 3, 2022, again 
over the government’s objections.  (ECF 1197.)   
Similarly, following the entry of her guilty plea, defendant 
Tamara Dadyan’s sentencing hearing was originally set for September 
27, 2021.  (ECF 539.)  The government initially agreed to a 
continuation of that sentencing hearing to October 18, 2021.  (ECF 
860.)  However, the government raised concerns regarding defendant 
Tamara Dadyan’s subsequent attempts to keep continuing the hearing, 
noting the PSR’s concerns regarding unexplained and inconsistent 
statements regarding income, as well as defendant Artur Ayvazyan and 
defendant Tamara Dadyan’s failure to make arrangements for their two 
minor daughters’ care while in custody.  (ECF 1026 at 2-3; see also 
Tamara Dadyan Initial PSR ¶¶ 89, 110 (ECF 959 (dated September 13, 
2021)) and Tamara Dadyan Revised PSR ¶¶ 88-89, 110 (ECF 1118 (dated 
November 8, 2021).) 
The failure of both parents, as articulated in the initial and 
the revised PSRs noted above, to make arrangements for their family’s 
care both as of September 13, 2021 and November 8, 2021, is 
particularly revealing.  According to defendant Tamara Dadyan’s 
request, the family was aware of their daughter’s abnormalities and 
seizures as early as July 2021.  (ECF 1217 at 1.)  And yet, no 
arrangements for the care of their children had been made even as 
late as mere weeks before the anticipated sentencing dates.  While 
the government is cognizant of the concern that accompanies medical 
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concerns related to one’s family, defendants’ failures to make 
preparations prior to these late requests suggests defendants are 
using these sudden and last-minute filings to simply delay, without 
any particular end-date, the start of their imprisonment.  
Furthermore, defendants’ history of forgery, lies, and fraud – 
including lies to this Court and the jury, under oath – is what 
prompted the government to seek independent verification of the 
purported medical records provided by defendants.  The fact that 
defendant Tamara Dadyan has been unable to produce the information 
upon request is a basis for denying defendants’ motions; it is not a 
basis to grant an extension for the government to conduct a further 
investigation when the government does not believe further 
investigation is necessary and opposes the relief defendants seek.  
As of the date of this filing, despite the government’s request for 
verification and information, the government has yet to receive any 
response from defendant Tamara Dadyan.  In addition, the types of 
potential medical issues identified by the defendants are those that 
will need to be handled by the guardians assuming responsibility for 
defendants’ children while defendants are incarcerated for their 
crimes.   
Both defendant Tamara Dadyan and Artur Ayvazyan’s criminal 
histories also raise significant concerns to their remaining out on 
bond.  Unfortunately, defendants’ criminal history have not remained 
static while released on bond and supervision.  Defendants reside in 
an “extravagantly furnished,” six-bedroom, nearly 4500 square foot 
mansion while awaiting punishment for their many crimes (Artur 
Ayvazyan Revised Presentence Investigation Report (“A.A. PSIR”) ¶ 142 
(ECF 1128)).  Defendants Artur Ayvazyan and Tamara Dadyan’s history 
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of arrests following their indictment in this case includes an 
extensive, multi-year loan fraud allegedly committed in conjunction 
with each other and co-defendant Richard Ayvazyan.  (A.A. PSIR 
¶ 127.)  Even more concerning, is the fact that defendant Artur 
Ayvazyan’s criminal history – after being convicted in this case and 
permitted to remain on bond by this Court – also includes an arrest 
for a serious and horrific violent crime, allegedly committed in that 
very same home where he resided with his family and minor children.1 
The time between sentencing and a self-surrender date is 
generally understood to be given so that defendants can make the 
necessary arrangements for the care of dependents, property, and 
other matters while they are incarcerated by and/or through other 
responsible individuals and/or organizations – not to permit 
defendants to remain released to the public until any and all issues 
may be resolved.  Given the lengthy period of time this Court has 
already generously granted defendants to make such arrangements since 
their June 2021 convictions, the extremely concerning arrests of 
defendant Artur Ayvazyan while on release for numerous serious fraud 
and violent crime offenses, and their documented failures to take 
advantage of the time already provided by this Court to make such 
arrangements for the care of their family, the government 
respectfully recommends that the Court deny defendants Artur 
Ayvazyan’s second motion and Tamara Dadyan’s requests to extend their 
surrender dates.  The public, and this Court, deserve to see the 
results of the verdicts returned by the jury and the pleas accepted 
 
1 The U.S. Probation Office submitted a request for an order to 
show cause hearing on November 5, 2021 (ECF 1113).  The hearing has 
not yet been scheduled by the Court.  
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and upheld by this Court in seeing defendants finally serve the 
sentence imposed by this Court. 
Case 2:20-cr-00579-SVW   Document 1225   Filed 12/29/21   Page 8 of 8   Page ID #:19504

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