PROPOSED VOIR DIRE QUESTIONS filed by Plaintiff USA as to Defendant Richard… — USA v. Ayvazyan et al (Dkt. 453)

Summary

The government's proposed voir dire questions, Document 453, filed 06/08/21, in the United States District Court for the Central District of California, in United States of America v. Richard Ayvazyan et al., Case No. 2:20-cr-00579. Assistant United States Attorneys Scott Paetty, Catherine Ahn and Brian Faerstein and Trial Attorney Christopher Fenton ask the Court to put the questions to prospective jurors in addition to its regular voir dire, dated June 8, 2021. The numbered questions are grouped under headings: the indictment, experience with financial institutions, the SBA and the PPP and EIDL programs, identity theft, fraud, law enforcement, knowledge of potential witnesses, ability to follow instructions, ability to serve, and COVID-19 considerations. Several invite a juror to ask to speak in the jury deliberation room.

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TRACY L. WILKISON 
Acting United States Attorney 
BRANDON D. FOX 
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 
 
DANIEL S. KAHN 
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. 
RICHARD AYVAZYAN, 
aka “Richard Avazian” and 
    “Iuliia Zhadko,” 
MARIETTA TERABELIAN, 
  aka “Marietta Abelian” and     
      “Viktoria Kauichko,” 
ARTUR AYVAZYAN, 
aka “Arthur Ayvazyan,” and 
TAMARA DADYAN, 
MANUK GRIGORYAN, 
  aka “Mike Grigoryan,” and 
No. CR 20-579(A)-SVW 
GOVERNMENT’S PROPOSED VOIR DIRE 
Trial Date:  June 15, 2021 
Time:        8:30 a.m. 
Location:    Courtroom of the  
            Honorable Stephen V.  
            Wilson 
Case 2:20-cr-00579-SVW     Document 453     Filed 06/08/21     Page 1 of 7   Page ID
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      “Anton Kudiumov,” 
ARMAN HAYRAPETYAN, 
EDVARD PARONYAN, 
aka “Edvard Paronian” and 
    “Edward Paronyan,” and 
VAHE DADYAN, 
 
Defendants. 
 
Plaintiff United States of America, by and through its counsel 
of record, the Acting United States Attorney for the Central District 
of California, Assistant United States Attorneys Scott Paetty, 
Catherine Ahn, Brian Faerstein, and Department of Justice Trial 
Attorney Christopher Fenton, respectfully requests that the Court ask 
prospective jurors the questions submitted herein in addition to the 
Court’s regular voir dire questions.  
Dated: June 8, 2021 
Respectfully submitted, 
 
TRACY L. WILKISON 
Acting United States Attorney 
 
BRANDON D. FOX 
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 
 
 
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GOVERNMENT’S REQUESTED VOIR DIRE 
I. 
The Indictment 
1. 
The government has read a portion of its indictment.  Is 
there anything about the charges in this case that makes you 
unwilling or reluctant to serve as a juror? 
II. 
Experience with Financial Institutions, Lenders or Processors, 
the SBA, and the PPP and EIDL Programs 
2. 
Have you, a family member, or a close friend ever worked 
for a bank, lender, loan processor, or other financial institution?  
To your knowledge, did that involve making or processing PPP loans?   
3. 
Have you, a family member, or a close friend ever worked 
for the United States Small Business Association (“SBA”)?  To your 
knowledge, did involve processing PPP or EIDL loans?   
4. 
You may hear testimony from representatives of a bank, 
lender, loan processor, or other financial institutions, as well as 
the SBA.  Have you had any experiences with any bank, lender, loan 
processor, or other financial institution that would make it 
difficult for you to evaluate that testimony fairly and impartially?  
Have you had any experiences with the SBA that would make it 
difficult for you to evaluate that testimony fairly and impartially? 
5. 
You may hear testimony in this case that SBA-administered 
programs like the PPP or EIDL lost money through PPP or EIDL loans.  
Is there anything about your personal dealings with any bank, lender, 
loan processor, or other financial institution that would affect your 
ability to serve as a fair and impartial juror in such a case?  What 
about with the SBA? 
6. 
Have you applied for PPP or EIDL funds?  If so, please 
provide details.   
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7. 
Do you think you could be fair and impartial in weighing 
the evidence in a case in which a victim is a bank or other financial 
institution?   
8. 
Do you think you could be fair and impartial in weighing 
the evidence in a case in which the government is a victim?   
III. Experience with Identity Theft  
9. 
Have you, a family member, or a close friend ever been the 
victim of identity theft or the unauthorized use of personal 
information?  Please provide details.  Is there anything about that 
experience that would interfere with your impartiality in this case?  
(If you would like, you may request we speak in the jury deliberation 
room to answer this question.) 
10. 
Have you, a family member, or a close friend ever been the 
victim of the theft of, or the unauthorized use of, business or 
financial information?  Please provide details.  Is there anything 
about that experience that would interfere with your impartiality in 
this case?  (If you would like, you may request we speak in the jury 
deliberation room to answer this question.) 
IV. 
Experience with Fraud  
11. 
Have you, a family member, or a close friend ever been the 
victim of fraud?  Please provide details.  Is there anything about 
that experience that would interfere with your impartiality in this 
case?  (If you would like, you may request we speak in the jury 
deliberation room to answer this question.) 
V. 
Experience with Law Enforcement 
12. 
Have you, a family member, or a close friend ever been 
arrested, charged, or convicted of any crime?  If so, what was the 
crime?  How was it resolved?  Would that experience affect your 
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ability to be a fair and impartial juror in this case?  (If you would 
like, you may request we speak in the jury deliberation room to 
answer this question.) 
13. 
Have you, a family member, or a close friend ever had a 
negative or an unpleasant experience with law enforcement?  If so, 
what happened?  Would that experience affect your ability to be a 
fair and impartial juror in this case?  
14. 
Have you, or has anyone close to you, ever been falsely 
accused of committing a crime? 
15. 
Have you, or has anyone close to you, ever filed a lawsuit 
or complaint concerning the conduct of a law enforcement officer? 
16. 
You may hear testimony in this case from federal law 
enforcement agents.  Is there anything that you have experienced, 
seen, heard, or read about that would prevent you from considering 
their testimony fairly and impartially? 
17. 
Do you have any opinions or feelings about the criminal 
justice system, such as judges, prosecutors, defense lawyers, and law 
enforcement officers, that would make it difficult for you to be a 
fair and impartial juror in this case?   
VI. 
Knowledge of Potential Witnesses 
18. 
Do you know or are you familiar with any of the following 
individuals, who may be witnesses in this case?  [The government 
respectfully requests the Court read the government’s and defendants’ 
witness lists.] 
VII. Punishment and Sympathy 
19. 
Have you previously served in a jury for a criminal or 
civil case?  What was the result? 
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20. 
Do you have any reservations about sitting in judgment of 
an accused person and returning a verdict in a criminal case? 
21. 
There are some people who, for moral, ethical, or religious 
reasons, believe that it is not proper or who would find it difficult 
to pass judgment on the conduct of others.  Do any of you hold such a 
belief, or might you be affected by such beliefs? 
22. 
The potential punishment for the charged offenses is a 
matter that the jury should never consider in arriving at an 
impartial verdict.  If you are selected as a juror, can you put aside 
any concerns you may have about potential punishment in arriving at a 
fair and impartial verdict in this case? 
23. 
If the Court instructs you that your verdict must not be 
based on sympathy, passion, or prejudice, but only on the evidence in 
this case and on the law as the Court instructs you on it, will you 
be able to follow that instruction? 
24. 
Knowing what you now know about this case, do you have any 
reservations about your ability to hear the evidence, deliberate with 
your fellow jurors, and return a fair and impartial verdict? 
VIII. 
Ability to Serve 
25. 
Do you have any difficulty understanding the English 
language or seeing or hearing things in the courtroom that could 
impair your ability to be a juror in this case?  
IX. 
COVID-19 Considerations 
26. 
Do you have concerns about safely serving on a jury over 
the course of multiple days?  Would those concerns affect your 
ability to be a fair and impartial juror in this case?  (If you would 
like, you may request we speak in the jury deliberation room to 
answer this question.) 
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27. 
Do you have safety concerns about deliberating with other 
jurors in the same room?  Would those concerns affect your ability to 
be a fair and impartial juror in this case?  (If you would like, you 
may request we speak in the jury deliberation room to answer this 
question.) 
28. 
Would you have safety concerns if the Court permitted 
fully-vaccinated attorneys or witnesses to speak without a mask?  
Would those concerns affect your ability to be a fair and impartial 
juror in this case?  (If you would like, you may request we speak in 
the jury deliberation room to answer this question.) 
29. 
Are you willing to wear a mask, face shield, use wipes and 
hand sanitizer, respect social distancing, and take other Centers for 
Disease Control, Department of Public Health, or court-mandated 
safety precautions during the course of this trial?  (If you would 
like, you may request we speak in the jury deliberation room to 
answer this question.) 
30. 
Have you, a family member, or a close friend, ever been 
arrested, cited, or charged with failing to adhere to mandated COVID-
19-related safety protocols, including but not limited to wearing a 
mask, abiding by curfew, and social distancing?  (If you would like, 
you may request we speak in the jury deliberation room to answer this 
question.) 
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