Exhibit — USA v. Ayvazyan et al (Dkt. 1337.2)

Summary

A four-page Exhibit B filing containing the Declaration of Richard Ayvazyan in Support of Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255, Case 2:20-cr-00579-SVW and 2:22-cv-08915, in the Central District of California, filed December 8, 2022 as Document 1337-2. Ayvazyan declares that on October 19, 2020, as he and his wife, Marietta Terabelian, returned from a vacation in Turks & Caicos, customs officers at Miami Airport took their passports and denied his requests to speak with an attorney. He states that he provided his phone passcodes during 12 hours of questioning and waiting and was arrested at around 3:00 a.m. and charged with crimes related to PPP loan fraud. He states that the government was allowed to use the evidence from the interrogation at trial and that in August 2021 the judge denied a motion by his attorney.

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EXHIBIT B
Case 2:20-cr-00579-SVW     Document 1337-2     Filed 12/08/22     Page 1 of 4   Page ID
#:20337

Carlo Brooks, CA Bar # 316485
3826 Grand View Boulevard, Suite 661472
Los Angeles, CA 90066
(310) 691-9373
carlo@carlobrooks.com
Attorney for Petitioner
RICHARD AYVAZYAN
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
RICHARD AYVAZYAN,
Petitioner
vs.
UNITED STATES OF AMERICA,
Respondent.
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Case No.:
[CR No. 2:20-cr-579-SVW]
DECLARATION OF RICHARD
AYVAZYAN IN SUPPORT OF
MOTION TO VACATE, SET
ASIDE, OR CORRECT
SENTENCE UNDER 28 U.S.C. §
2255
2:22-cv-08915
Case 2:20-cr-00579-SVW     Document 1337-2     Filed 12/08/22     Page 2 of 4   Page ID
#:20338

I, Richard Ayvazyan, declare as follows:
1.
I am the petitioner in the above-captioned matter.
2.
On October 19, 2020, I was traveling with my wife, Marietta
Terabelian, from a vacation in Turks & Caicos. At around 3:00 p.m., we proceeded
to the customs area of Miami Airport. We were told that we had been randomly
selected for additional screening. Our passports were taken away from us.
3.
I asked several times whether I could speak with an attorney. Customs
officers denied all of my requests.
4.
I was asked to provide the passwords to the phones in my bag but I
declined. The officer told me he needed to review the phones to make sure I wasn’t
a terrorist. During the 12 hours of questioning and waiting and questioning that
followed, I provided the passcodes. At around 3:00 a.m., I was arrested and charged
with crimes related to PPP loan fraud, not terrorism.
5.
From what I understood from my attorney, customs didn’t have the
right to hold and interrogate me like they did. They kept me away from my
attorneys. But the case against me went very quickly. Somehow the government
was still allowed to use the evidence from the interrogation, even at the trial. If I
had known this, I may have requested to plead guilty to avoid a bad sentence, but I
never got a chance.
6.
In August 2021, the judge denied my attorney’s motion to throw out all
1
Case 2:20-cr-00579-SVW     Document 1337-2     Filed 12/08/22     Page 3 of 4   Page ID
#:20339

Case 2:20-cr-00579-SVW     Document 1337-2     Filed 12/08/22     Page 4 of 4   Page ID
#:20340

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gov.uscourts.cacd.802533.1337.2.pdf

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2574d0933338645f96c4a834d18683fe22fe24bdfccadc688de7c3690cf5e7b9

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gov.uscourts.cacd.802533.1337.2.pdf

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