Declaration Declaration of Michael G. Freedman — USA v. Ayvazyan et al (Dkt. 864.1)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 864-1 · 2021-08-10 · Docket on CourtListener

Summary

The declaration of Michael G. Freedman, counsel for defendant Edvard Paronyan, filed August 10, 2021 as Document 864-1 in USA v. Ayvazyan et al, No. 2:20-cr-00579-SVW, in the U.S. District Court for the Central District of California. It recounts the case history, including the First Superseding indictment of March 9, 2021, release on a $75,000 bond, and the Court's acceptance of a revised plea agreement on June 11, 2021. It describes earlier changes to release conditions, including the Court's July 6, 2021 order replacing home confinement with a curfew from 10:00 p.m. to 5:00 a.m. The declaration states that nightly location monitoring calls disrupt the household and that the defendant seeks to lift the curfew for short car trips within California before sentencing. It reports that the government opposes eliminating location monitoring altogether and that the surety consents.

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DECLARATION OF COUNSEL 
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DECLARATION OF MICHAEL G. FREEDMAN 
 
I, Michael G. Freedman, do declare and state: 
1. I am counsel for Edvard Paronyan in this matter. I am licensed to practice in 
the State of California, and admitted to practice before this Court. 
2. On March 9, 2021, Mr. Paronyan was charged by the First Superseding 
indictment in this matter with several counts of conspiracy and wire and bank fraud 
relating to an alleged scheme to submit fraudulent loan applications seeking 
COVID-19 relief funds guaranteed by the Small Business Administration (SBA) 
under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. (Dkt. 
154). 
3. On March 11, 2021, the Honorable Maria A. Audero, United States 
Magistrate Judge, ordered Mr. Paronyan released on a $75,000 unsecured bond to 
be signed by his brother, Zaven Paronian. (Dkt. 177). Judge Audero ordered that 
the unsecured bond be replaced by a $75,000 bond secured by Zaven Paronian’s 
real property on or before April 1, 2021. (Id.) On March 30, 2021, Mr. Paronyan 
filed an ex parte application for a thirty-day extension to post the secured bond due 
to a Coronavirus-related backlog at the Los Angeles County Registrar-Recorder. 
(Dkt. 228). That extension was granted on March 31, 2021 (Dkt. 252), and Mr. 
Paronyan posted the secured bond on April 28, 2021 (Dkt. 320). 
4. Mr. Paronyan signed a plea agreement with the government on May 26, 
2021 (Dkt. 368), but the Court declined to accept the plea at a change of plea 
hearing on May 27, 2021 (Dkt. 375). Mr. Paronyan signed a revised plea 
agreement with the government on June 8, 2021, which the Court accepted on June 
11, 2021.  (Dkt. 524). 
5. The conditions of Mr. Paronyan’s release restrict him to his residence except 
for medical needs or treatment, attorney visits, court appearances, and 
employment, all of which must be preapproved by U.S. Pretrial Services. 
6. On May 31, 2021, Mr. Paronyan filed an ex parte request to modify  
Case 2:20-cr-00579-SVW     Document 864-1     Filed 08/10/21     Page 1 of 4   Page ID
#:15301

 
DECLARATION OF COUNSEL 
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the conditions of his pretrial release to allow him to attend his son’s fifth grade 
graduation at the AGBU School in Canoga Park, California on Sunday, June 6, 
2021 from approximately 9:00 a.m. to 2:00 p.m. (Dkt 387).  The Court granted that 
request on June 1, 2021.  (Dkt. 396). 
7. On June 22, 2021, Mr. Paronyan filed an ex parte application to modify  
the conditions of his pretrial release to allow him to attend his daughter’s 
kindergarten graduation ceremony and his godchildren’s baptism, both on June 25, 
2021.  (Dkt. 561).  The Court granted that request on June 22, 2021.  (Dkt. 570). 
8. On July 6, 2021, the Court granted Mr. Paronyan’s unopposed ex parte  
request to modify the conditions of his release from home confinement to a curfew 
requiring him to be home between the hours of 10:00 p.m. and 5:00 a.m.  (Dkt. 
668).  Mr. Paronyan’s request was based on the need to leave his home during the 
day to help take care of his family, especially during the summer months when his 
children are out of school.  (Dkt. 662). Additionally, Pretrial Services Officer 
Theophile noted at the time that this request “would allow Mr. Paronyan to seek 
employment and help provide for his family and take care of his family.” (Id.) 
Furthermore, she noted that “Mr. Paronyan has been compliant in regards to his 
supervision and is abiding by all of his reporting instructions.  Although born in 
Armenia, he has strong ties to the CAC and willing sureties.”  (Id.) 
9.  On August 5, 2021, the Court granted Mr. Paronyan’s unopposed ex parte  
application to continue his sentencing from August 30 to September 27, 2021.  
(Dkt. 859).  The request was based on the fact that Mr. Paronyan’s wife must be 
away from the family for much of August to take care of her own mother, who is 
receiving chemotherapy.  (Dkt. 806). As Mr. Paronyan’s wife cannot leave her 
mother’s side, Mr. Paronyan is the sole parent with his two young children for 
much of August.  (Id.) 
10. Following the Court’s July 6 order modifying Mr. Paronyan’s release  
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conditions from home confinement to a curfew, Mr. Paronyan was placed on stand 
alone location monitoring.  Whereas previously he would receive location 
monitoring phone calls throughout the day to ensure that he was either home or at 
work, now he was allowed out of the home during the day, so the location 
monitoring calls were only necessary at night, during the curfew hours of 10:00 
p.m. to 5:00 a.m.  As a result, since that time, Mr. Paronyan receives the location
monitoring calls every night, typically around 3:00 or 4:00 a.m.  This is obviously
highly disruptive as it forces him to wake up in the middle of the night every night.
Additionally, when the phone rings it often also wakes up his young children.  As
Mr. Paronyan is asleep at the time of the calls, he often misses the first call, and
then the subsequent calls continue ringing throughout the house, at an even louder
volume.  As a result, Mr. Paronyan and his family have not had uninterrupted sleep
for over a month, and regularly suffer from headaches each morning as a result.
11. Additionally, the curfew condition is specific to Mr. Paronyan’s residence,
which means he cannot stay overnight at a hotel without modifying the curfew.  
Mr. Paronyan does not seek to leave California or travel by air, but he does wish to 
take his children on a few short trips by car within and near the Central District this 
month and next before they return to school and before his sentencing.  For 
example, Mr. Paronyan wishes to take his son fishing near Yosemite, in the 
Eastern District of California, from approximately August 12 to approximately 
August 14.  And he is also thinking of taking his children to Disneyland, Palm 
Springs, and/or Laguna Beach.  Because these trips will be by car, Mr. Paronyan 
does not yet have precise plans.  Mr. Paronyan wishes to avoid burdening the 
Court with separate requests to lift the curfew for each trip.  Additionally, by the 
time Mr. Paronyan plans a trip, there may not be sufficient time to get the 
government’s position, file an ex parte application, and receive an order from the 
Court in order to make the trip.  Thus, Mr. Paronyan seeks to lift the curfew 
generally at this time.   
DECLARATION OF COUNSEL 
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#:15303

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12. I have exchanged numerous emails regarding this request with Christopher 
Fenton, government counsel, and Mr. Paronyan’s pretrial services officer.  The 
government proposed that the location monitoring issue described above could be 
addressed by Mr. Paronyan switching to location monitoring by an ankle bracelet.  
But, as I noted in response to the government, this would be a more onerous 
condition than the location monitoring originally imposed, and far more onerous 
than the condition as recently modified by the Court.  Mr. Fenton further informed 
me that the government does oppose Mr. Paronyan’s request to eliminate location 
monitoring altogether. 
13. In addition to the position of the government, Mr. Paronyan’s surety, his 
brother Zaven Paronian, consents to the modification as well, as noted in the 
concurrently filed declaration. 
I declare under penalty of perjury under the laws of the United States of  
America that the foregoing is true and correct and that this declaration is executed 
at Monte Rio, California on August 10, 2021. 
/s/Michael G. Freedman 
Michael G. Freedman 
Counsel for Defendant  
Edvard Paronyan  
Case 2:20-cr-00579-SVW     Document 864-1     Filed 08/10/21     Page 4 of 4   Page ID
#:15304

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