First Amended Notice of Appeal to USCA — USA v. Ayvazyan et al. (Dkt. 1258, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 1258 · 2022-01-14 · Docket on CourtListener

Full text

A-2 (01/07)
NOTICE OF APPEAL
Name
Address
City, State, Zip 
Phone
Fax 
E-Mail
G FPD
G Appointed
G CJA
G Pro Per
G Retained
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
PLAINTIFF(S),
v.
DEFENDANT(S).
CASE NUMBER: 
NOTICE OF APPEAL
NOTICE IS HEREBY GIVEN that 
 hereby appeals to
Name of Appellant
the United States Court of Appeals for the Ninth Circuit from:
Criminal Matter
Civil Matter
G Conviction only [F.R.Cr.P. 32(j)(1)(A)] 
G Conviction and Sentence
G Sentence Only (18 U.S.C. 3742)
G Pursuant to F.R.Cr.P. 32(j)(2)
G Interlocutory Appeals
G Sentence imposed:
G Bail status:
G Order (specify):
G Judgment (specify):
G Other (specify):
Imposed or Filed on 
.  Entered on the docket in this action on 
.
A copy of said judgment or order is attached hereto.
Date
Signature
G Appellant/ProSe
G Counsel for Appellant
G Deputy Clerk
Note:
The Notice of Appeal shall contain the names of all parties to the judgment or order and the names and addresses of the
attorneys for each party.  Also, if not electronically filed in a criminal case,  the Clerk shall be furnished a sufficient number
of copies of the Notice of  Appeal to permit prompt compliance with the service requirements of FRAP 3(d).
Amended
Tarik S. Adlai
65 No. Raymond Ave., Suite 320
Pasadena, California 91103
(626) 578-7294
(626) 685-2560
tadlai@adlailaw.com
✘
United States of America
2:20-cr-0579-SVW
ARTUR AYVAZYAN
Artur Ayvazyan
✘
✘
60 months
✘
Released on bail
Jan. 4, 2022
Jan. 4, 2022
Jan. 14, 2022
/s/ Tarik S. Adlai
✘
Case 2:20-cr-00579-SVW     Document 1258     Filed 01/14/22     Page 1 of 7   Page ID
#:19696

EXHIBIT 1
Case 2:20-cr-00579-SVW     Document 1258     Filed 01/14/22     Page 2 of 7   Page ID
#:19697

Case 2:20-cr-00579-SVW   Document 1235   Filed 01/04/22   Page 1 of 5   Page ID #:19566
Case 2:20-cr-00579-SVW     Document 1258     Filed 01/14/22     Page 3 of 7   Page ID
#:19698

USA vs. 
Artur Ayvazyan 
Docket No.: 
2:20-cr-00579-SVW 
 
 
 
CR-104 (docx 12/20) 
JUDGMENT & PROBATION/COMMITMENT ORDER 
Page 2 of 5 
to be searched contain evidence of this violation. 
 
5. The defendant shall cooperate in the collection of a DNA sample from the defendant. 
 
 
It is ordered that the defendant shall pay to the United States a special assessment of $2,200, which is due immediately. 
 
 
I It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately. 
 
 
It is ordered that the defendant shall pay restitution in the total amount of $17,723,141.26 pursuant to 18 U.S.C. § 3663A. 
 
 
The amount of restitution ordered shall be paid as follows: 
 
 
 
 
 
Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per qua1ter, and pursuant to the Bureau of 
Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly 
payments of at least 10% of defendant's gross monthly income but not less than $300, whichever is greater, shall be made during the period of 
supervised release and shall begin 90 days after the commencement of supervision. Nominal restitution payments are ordered as the Court finds 
that the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered. 
 
 
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order 
or percentage payment is specified in the judgment.  
 
 
As to the amount of restitution ordered in this judgment, the defendant shall be held jointly and severally liable with co-defendants, 
Richard Ayvazyan, Marietta Terabelian, and Tamara Dadyan to the extent that each is determined liable for the same victim losses. The 
victim’s recovery is limited to the amount of its loss and the defendant's liability for restitution ceases if and when the victim receives full 
restitution. 
 
 
Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to 
pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g). 
 
 
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons at or before 12 noon, on 
a date to be determined by the Court. In the absence of such designation, the defendant shall report on or before the first week of January 2022, 
to the United States Marshal located at the First Street U.S. Courthouse 350 W. First Street, Suite 3001, Los Angeles, CA 90012 
 
 
 
The bond is exonerated upon self-surrender. 
 
 
The Court recommends to the Bureau of Prisons that the defendant be designated to a facility in the Southern California area. 
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and 
Supervised Release within this judgment be imposed.  The Court may change the conditions of supervision, reduce or extend the period of 
supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke 
supervision for a violation occurring during the supervision period. 
 
Case 2:20-cr-00579-SVW   Document 1235   Filed 01/04/22   Page 2 of 5   Page ID #:19567
Case 2:20-cr-00579-SVW     Document 1258     Filed 01/14/22     Page 4 of 7   Page ID
#:19699

USA vs. 
Artur Ayvazyan 
Docket No.: 
2:20-cr-00579-SVW 
 
 
 
CR-104 (docx 12/20) 
JUDGMENT & PROBATION/COMMITMENT ORDER 
Page 3 of 5 
 
 
 
Date 
STEPHEN V. WILSON, U. S. District Judge 
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer. 
 
 
By 
Clerk, U.S. District Court 
 
Filed Date 
 
Deputy Clerk 
 
 
The defendant must comply with the standard conditions that have been adopted by this court (set forth below). 
 
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE 
 
While the defendant is on probation or supervised release pursuant to this judgment: 
1. 
The defendant must not commit another federal, state, or local crime; 
2. 
The defendant must report to the probation office in the federal 
judicial district of residence within 72 hours of imposition of a 
sentence of probation or release from imprisonment, unless 
otherwise directed by the probation officer; 
3. 
The defendant must report to the probation office as instructed by the 
court or probation officer; 
4. 
The defendant must not knowingly leave the judicial district without 
first receiving the permission of the court or probation officer; 
5. 
The defendant must answer truthfully the inquiries of the probation 
officer, unless legitimately asserting his or her Fifth Amendment 
right against self-incrimination as to new criminal conduct; 
6. 
The defendant must reside at a location approved by the probation 
officer and must notify the probation officer at least 10 days before 
any anticipated change or within 72 hours of an unanticipated change 
in residence or persons living in defendant’s residence; 
7. 
The defendant must permit the probation officer to contact him or her 
at any time at home or elsewhere and must permit confiscation of 
any contraband prohibited by law or the terms of supervision and 
observed in plain view by the probation officer; 
8. 
The defendant must work at a lawful occupation unless excused by 
the probation officer for schooling, training, or other acceptable 
reasons and must notify the probation officer at least ten days before 
any change in employment or within 72 hours of an unanticipated 
change; 
 
 
9. 
The defendant must not knowingly associate with any persons 
engaged in criminal activity and must not knowingly associate with 
any person convicted of a felony unless granted permission to do so 
by the probation officer. This condition will not apply to intimate 
family members, unless the court has completed an individualized 
review and has determined that the restriction is necessary for 
protection of the community or rehabilitation; 
10. 
The defendant must refrain from excessive use of alcohol and must 
not purchase, possess, use, distribute, or administer any narcotic or 
other controlled substance, or any paraphernalia related to such 
substances, except as prescribed by a physician; 
11. 
The defendant must notify the probation officer within 72 hours of 
being arrested or questioned by a law enforcement officer; 
12. 
For felony cases, the defendant must not possess a firearm, 
ammunition, destructive device, or any other dangerous weapon; 
13. 
The defendant must not act or enter into any agreement with a law 
enforcement agency to act as an informant or source without the 
permission of the court; 
14. 
The defendant must follow the instructions of the probation officer 
to implement the orders of the court, afford adequate deterrence from 
criminal conduct, protect the public from further crimes of the 
defendant; and provide the defendant with needed educational or 
vocational training, medical care, or other correctional treatment in 
the most effective manner. 
 
January 4, 2022
January 4, 2022
Case 2:20-cr-00579-SVW   Document 1235   Filed 01/04/22   Page 3 of 5   Page ID #:19568
Case 2:20-cr-00579-SVW     Document 1258     Filed 01/14/22     Page 5 of 7   Page ID
#:19700

USA vs. 
Artur Ayvazyan 
Docket No.: 
2:20-cr-00579-SVW 
 
 
 
CR-104 (docx 12/20) 
JUDGMENT & PROBATION/COMMITMENT ORDER 
Page 4 of 5 
 
X The defendant must also comply with the following special conditions (set forth below). 
 
 
STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS 
 
 
The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or 
restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be subject 
to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not applicable 
for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check or money 
order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number. Payments 
must be delivered to:  
 
 
United States District Court, Central District of California  
 
Attn: Fiscal Department 
 
255 East Temple Street, Room 1178 
 
Los Angeles, CA 90012 
 
or such other address as the Court may in future direct. 
 
 
If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the 
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613. 
 
 
The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or 
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F). 
 
 
The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the 
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k). 
The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, 
adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C. 
§ 3563(a)(7). 
 
 
Payments will be applied in the following order: 
 
 
 
1. Special assessments under 18 U.S.C. § 3013; 
 
 
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United  
 
 
    States is paid): 
 
 
 
Non-federal victims (individual and corporate), 
 
 
 
Providers of compensation to non-federal victims,  
 
 
 
The United States as victim; 
 
 
3. Fine; 
 
 
4. Community restitution, under 18 U.S.C. § 3663(c); and 
 
 
5. Other penalties and costs. 
 
CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS 
 
 
As directed by the Probation Officer, the defendant must provide to theProbation Officer: (1) a signed release authorizing credit 
report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement, 
with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply for any loan 
or open any line of credit without prior approval of the Probation Officer. 
 
 
When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the 
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business 
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance 
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or 
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the 
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening, 
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s 
behalf. 
 
 
The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without 
approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full. 
 
These conditions are in addition to any other conditions imposed by this judgment. 
Case 2:20-cr-00579-SVW   Document 1235   Filed 01/04/22   Page 4 of 5   Page ID #:19569
Case 2:20-cr-00579-SVW     Document 1258     Filed 01/14/22     Page 6 of 7   Page ID
#:19701

USA vs. 
Artur Ayvazyan 
Docket No.: 
2:20-cr-00579-SVW 
 
 
 
CR-104 (docx 12/20) 
JUDGMENT & PROBATION/COMMITMENT ORDER 
Page 5 of 5 
 
 
RETURN 
 
I have executed the within Judgment and Commitment as follows: 
Defendant delivered on 
 
to 
 
Defendant noted on appeal on 
 
Defendant released on 
 
Mandate issued on  
 
Defendant’s appeal determined on 
 
Defendant delivered on 
 
to 
 
at 
 
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment. 
 
 
By 
United States Marshal 
 
Date 
 
Deputy Marshal 
CERTIFICATE 
 
I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my 
legal custody. 
 
 
By 
Clerk, U.S. District Court 
 
Filed Date 
 
Deputy Clerk 
 
 
 
FOR U.S. PROBATION OFFICE USE ONLY 
 
Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of 
supervision, and/or (3) modify the conditions of supervision. 
 
 
 
These conditions have been read to me.  I fully understand the conditions and have been provided a copy of them. 
 
 
 
 
(Signed)  
 
 
 
 
 
 
 
 Defendant 
 
 
 
 
 
 
 Date 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 U. S. Probation Officer/Designated Witness  
 
 
 Date
Case 2:20-cr-00579-SVW   Document 1235   Filed 01/04/22   Page 5 of 5   Page ID #:19570
Case 2:20-cr-00579-SVW     Document 1258     Filed 01/14/22     Page 7 of 7   Page ID
#:19702

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