Court filing
AMENDED JUDGMENT by Judge Stephen V. Wilson as to Defendant Artur Ayvazyan (3),… — USA v. Ayvazyan et al (Dkt. 1265)
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2022-01-27 |
U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 1265 · 2022-01-27 · Docket on CourtListener
Summary
A second amended judgment and probation/commitment order in United States of America vs. Artur Ayvazyan, Docket No. 2:20-cr-00579-SVW, in the U.S. District Court for the Central District of California, filed January 27, 2022 as Document 1265. It records a verdict of guilty as charged in the First Superseding Indictment on Count 1, conspiracy to commit bank fraud and wire fraud under 18 U.S.C. § 1349; Counts 2-12, wire fraud and aiding and abetting under 18 U.S.C. § 1343; Counts 13-20, bank fraud under 18 U.S.C. § 1344; Count 24, aggravated identity theft under 18 U.S.C. § 1028A; and Count 26, money laundering conspiracy. It imposes sixty (60) months, being 36 months on Counts 1 through 20 and 26 concurrently and 24 months on Count 24 consecutively, with five years of supervised release. It orders a $2,200 special assessment and restitution of $17,723,141.26 under 18 U.S.C. § 3663A.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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United States District Court
Central District of California
**SECOND AMENDED**
UNITED STATES OF AMERICA vs.
Docket No.
2 :20-cr-00579-SVW
Defendant
akas: None
Artur Ayvazyan
Social Security No . ...i_
(Last 4 digits)
7
JrDGR1ENT AND PROBATIOS/CORnnTR1ENT ORDER
8
8
MONTH
DAY
YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date.
11
15
2021
COUNSEL
Jennifer J. Wi.rsching & Thomas A. Mesereau, Jr.
(Name of Counsel)
PLEA
! D GUILTY, and the court being satisfied that there is a factual basis for the plea. D
NOLO
D
TUUU--'
CONTEND ERE
NOT
GUILTY
FINDING
JUDGMENT
AND PROB/
COMM
ORDER
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
As charged in the First Superseding Indictment:
Count 1: Conspiracy to Commit Bank Fraud and Wire Fraud 18 U.S.C. § 1349
Counts 2-12: Wire Fraud, Aiding and Abetting 18 U.S.C. § 1343, 2(a)
Counts 13-20: Bank Fraud, Aiding and Abetting 18 U.S.C. § 1344, 2(a)
Count 24: Aggravated Identity Theft 18 U.S.C. § 1028A(a)(l)
Count 26: Money Laundering Conspiracy
The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered
that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to
the custody of the Bureau of Prisons to be imprisoned for a tenn of: SIXTY (60) MONTHS
This term consists of 36 months on each of Counts 1 through 20 and 26 of the First Superseding Indictment, all to be served
concu!1'ently with each other; and 24 months on Count 24 of the First Superseding Indictment, to be served consecutively to Counts 1 through
20 and 26.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This te1m consists of
five years on each of Counts 1 through 20, three years on Count 26, and one year on Count 24, all such tenns to nm concu!1'ently under the
following te1ms and conditions:
1.
The defendant shall comply with the rnles and regulations of the United States Probation & Pretrial Services Office and Second
Amended General Order 20-04, including the conditions of probation and supervised release set forth in Section III of Second
Amended General Order 20-04.
2.
The defendant shall not obtain or possess any driver's license, Social Security number, bitth ce1tificate, passpo1t or any other fonn
of identification in any name, other than the defendant's true legal name, nor shall the defendant use, any name other than the
defendant's trne legal name without the prior written approval of the Probation Officer.
3.
The defendant shall apply all monies received from income tax refunds, lotte1y winnings, inheritance, judgments and any other
financial gains to the Comt-ordered financial obligation.
4.
The defendant shall submit the defendant's person, prope1ty, house, residence, vehicle, papers, computers, cell phones, other
electronic collllllunications or data storage devices or media, email accounts, social media accounts, cloud storage accounts, or
other areas under the defendant's control, to a search conducted by a United States Probation Officer or law enforcement officer.
Failure to subrnit to a search may be grounds for revocation. The defendant shall warn any other occupants that the premises may
be subject to searches pursuant to this condition. Any search pursuant to this condition will be conducted at a reasonable time and
in a reasonable manner upon reasonable suspicion that the defendant has violated a condition of his supervision and that the areas
CR-104 (docx 12/20)
JUDGMENT & PROBATION/COMr.flTMENT ORDER
Page 1 ofS
Case 2:20-cr-00579-SVW Document 1265 Filed 01/27/22 Page 1 of 5 Page ID #:19762
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.
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 1265 Filed 01/27/22 Page 2 of 5 Page ID #:19763
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 27, 2022
January 27, 2022
Case 2:20-cr-00579-SVW Document 1265 Filed 01/27/22 Page 3 of 5 Page ID #:19764
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 1265 Filed 01/27/22 Page 4 of 5 Page ID #:19765
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 1265 Filed 01/27/22 Page 5 of 5 Page ID #:19766File and source
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