Opposition to Ex Parte Application for Ruling — USA v. Ayvazyan et al. (Dkt. 1267, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 1267 · 2022-01-28 · 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 THIRD REQUEST TO 
DELAY SURRENDER DATE (ECF 1266)  
e 
 
Plaintiff United States of America, by and through its counsel 
of record, the United States Attorney for the Central District of 
Case 2:20-cr-00579-SVW   Document 1267   Filed 01/28/22   Page 1 of 4   Page ID #:19773

 
 
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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 third request to the Court to extend his surrender date to 
the Bureau of Prisons (ECF 1266) for at least three reasons. 
First, defendant’s motion to extend his surrender date is moot 
because, based on information provided by Special Agent Geffrey 
Clark, defendant is in custody at the U.S. Marshals Service office at 
the U.S. Courthouse on 1st Street.  Given that he has already 
surrendered and is in custody, there is no longer any basis to seek 
the relief requested. 
Second, defendant’s original surrender date was January 3, 2022.  
He has repeatedly made numerous, last-minute, and continuously 
rejected attempts to avoid surrendering himself to the custody of the 
Bureau of Prisons to face justice for his convicted crimes.  After 
twice being denied a continuance of his self-surrender date, having 
his motion for bail pending appeal denied by this Court, and twice 
being denied his motions for bail pending appeal by the Ninth 
Circuit, he now seeks an emergency stay of this Court’s still active 
order that he self-surrender on the basis of a lack of notice.  
Defendant’s motion is spurious and should be rejected.1   
Defendant has been on notice of his self-surrender date of 
 
1 See ECF 1206 (first motion to delay self-surrender), 1210 
(order denying motion), 1216 (second motion to continue surrender 
date), 1226 (application for bond pending appeal), 1229 (government 
opposition), 1231 (text-only order denying motions and application), 
1238 (minute order denying motions and application); see also United 
States v. Ayvazyan, 9th Cir. Case No. 21-50302, Docket Entries 7 
(motion for bail pending appeal), docket order dated January 3, 2022 
(denying motion), 9 (renewed motion for bail pending appeal), 11 
(government opposition), docket order dated January 27, 2022 (denying 
renewed motion). 
Case 2:20-cr-00579-SVW   Document 1267   Filed 01/28/22   Page 2 of 4   Page ID #:19774

 
 
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January 3, 2022 for more than two months.  Prior to that, he was on 
notice of his impending imprisonment since his convictions at trial 
on June 24, 2021 – giving him, to date, 217 days to “prepare” for his 
incarceration.  Defendant has not had “four hours” to prepare – he 
has had 217 days to prepare.  The Ninth Circuit’s order was issued 
yesterday, January 27, 2022, and as made clear in the government’s 
opposition to his then-renewed and now-denied motion for bail pending 
appeal, once the Ninth Circuit denied his motion, this Court’s 
previous order of self-surrender should and would take effect.  
Defendant’s purported lack of preparedness has been a consistent 
theme throughout his multiple attempts to avoid self-surrender and 
should be rejected, once more, by this Court.   
This Court’s prior order of self-surrender remains in effect, 
and defendant is obligated to self-surrender to the Bureau of Prisons 
immediately.  The instructions from the U.S. Probation and Pretrial 
Services that he self-surrender by noon today are consistent with 
this Court’s order and defendant’s motion to set a new self-surrender 
date is not only unnecessary, it undermines the prior order of this 
Court and the need for the public to see justice served in this case.   
Third, for all the reasons previously set forth in the 
government’s prior submissions and made at various hearings, this 
Court should deny defendant’s application because defendant failed to 
show by clear and convincing evidence that he is not a danger to the 
community.  See 18 U.S.C. § 3143(b)(1)(A).  Defendant has shown his 
danger to the community through the multi-million-dollar conspiracy 
and substantive offenses for which he was convicted in the instant 
case, through which he and his co-defendants actually stole more than 
Case 2:20-cr-00579-SVW   Document 1267   Filed 01/28/22   Page 3 of 4   Page ID #:19775

 
 
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$17 million in funds intended to alleviate the numerous harms 
resulting from a once-in-a-generation pandemic, all in a matter of 
mere months.  See United States v. Reynolds, 956 F.2d 192, 192 (9th 
Cir. 1992) (danger includes pecuniary or economic harm).  The 133 
felony-count indictment against defendant in California state court, 
which is still pending, alleges additional, serious harms on a 
massive, multi-year scale.  Defendant was further arrested for rape 
just days before his sentencing hearing.  Defendant is a danger to 
the community and his application should be denied.  
Dated:  January 28, 2022 
Respectfully submitted, 
 
TRACY L. WILKISON 
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 1267   Filed 01/28/22   Page 4 of 4   Page ID #:19776

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