OPPOSITION to EX PARTE APPLICATION to Modify Conditions of Release 900 filed by… — USA v. Ayvazyan et al (Dkt. 905)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 905 · 2021-08-31 · Docket on CourtListener

Summary

The government's opposition to defendant Edvard Paronyan's ex parte application to modify conditions of release regarding travel to Palm Springs (ECF 900), filed August 31, 2021 as Document 905 in No. 2:20-cr-00579-SVW, in the U.S. District Court for the Central District of California. The memorandum gives four reasons for denial and calls this the defendant's fifth such application. It states that sentencing is scheduled for September 27, 2021, that the defendant pleaded guilty to one count of wire fraud, and that the Probation Office also opposes the request. It argues flight risk, citing a probation report that co-defendants Richard Ayvazyan and Marietta Terabelian absconded before their October 4, 2021 sentencing hearings, and the defendant's agreement to approximately $430,187 in restitution. The filing runs 5 pages.

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TRACY L. WILKISON 
Acting 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 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. 
EDVARD PARONYAN, 
 
Defendant. 
No. CR 20-579(A)-SVW-7 
GOVERNMENT’S OPPOSITION TO 
DEFENDANT EDVARD PARONYAN’S EX 
PARTE APPLICATION TO MODIFY 
CONDITIONS OF RELEASE RE: TRAVEL 
TO PALM SPRINGS (ECF 900); 
MEMORANDUM OF POINTS AND 
AUTHORITIES; EXHIBIT 
 
Plaintiff United States of America, by and through its counsel 
of record, the Acting United States Attorney for the Central District 
Case 2:20-cr-00579-SVW   Document 905   Filed 08/31/21   Page 1 of 5   Page ID #:15738

 
 
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of California, Assistant United States Attorneys Scott Paetty, 
Catherine Ahn, and Brian Faerstein, and Department of Justice Trial 
Attorney Christopher Fenton, hereby submits its opposition to 
defendant Edvard Paronyan’s ex parte application to modify the 
conditions of pretrial release regarding travel to Palm Springs. (ECF 
900.)    
The government’s opposition is based on the attached memorandum 
of points and authorities and accompanying exhibit, the files and 
records in this case, and such additional evidence or argument as the 
Court may permit.   
Dated: August 31, 2021 
Respectfully submitted, 
 
TRACY L. WILKISON 
Acting United States Attorney 
 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division 
 
 
      /s/ 
 
SCOTT PAETTY 
CATHERINE AHN 
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 905   Filed 08/31/21   Page 2 of 5   Page ID #:15739

 
 
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MEMORANDUM OF POINTS AND AUTHORITIES 
The government respectfully submits this opposition to defendant 
Edvard Paronyan’s fifth ex parte application to modify his conditions 
of pretrial release.  (See ECF 387, 561, 662, 864, 900.)  The 
government concurs with the United States Probation Office’s (the 
“USPO”) opposition to defendant’s latest request, this time to travel 
to Palm Springs for a four-day family vacation.  (ECF 900.)   
The Court should deny defendant’s application for at least four 
reasons: 
First, as the USPO recognizes, defendant’s sentencing hearing is 
just weeks away, scheduled for September 27, 2021.  (See Exhibit 1 
attached hereto (email correspondence between defendant’s counsel, 
government, and USPO regarding requested modification).)  Defendant 
has pleaded guilty to one count of wire fraud in connection with his 
role in a scheme to steal over $400,000 in COVID-19 disaster relief 
loan proceeds intended for small businesses that needed the money to 
survive.  (ECF 469, 524.)  Based on the USPO’s calculated criminal 
history category of III, defendant’s advisory Guidelines imprisonment 
range is 27-33 months.  (ECF 803 ¶ 120.) 
On the eve of sentencing, the USPO believes defendant’s request 
for a further modification of his terms of pretrial release to allow 
for a family vacation constitutes neither a “necessity” nor an 
“emergency.”  (See Exh. 1.)  The government agrees.  The government 
notes that it has been amenable to work with defendant and his 
counsel with respect to reasonable modifications specific to address 
the needs of defendant’s family.  For example, the government has 
been willing to accommodate defendant’s requests for modest 
modifications to allow him to attend his children’s school graduation 
Case 2:20-cr-00579-SVW   Document 905   Filed 08/31/21   Page 3 of 5   Page ID #:15740

 
 
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events during specific times of the day.  (See ECF 387, ¶ 7; 561, 
¶ 9.)  But the requested four-day family vacation here does not 
reasonably serve the same limited purpose of allowing defendant to 
participate in local school-related events for a finite period of 
time.  Rather, it presents an unnecessary opportunity for flight.  
Indeed, the closer defendant gets to his September 27 sentencing 
hearing, the more likely he is to flee. 
Second, the government’s concerns about risk of flight are 
underscored by recent events regarding two of defendant’s co-
defendants in this case, defendants Richard Ayvazyan and Marietta 
Terabelian.  Specifically, on August 29, 2021, the USPO reported that 
defendants Ayvazyan and Terabelian had destroyed or removed their 
location monitoring devices and absconded from supervision in advance 
of their October 4, 2021 sentencing hearings.  (See ECF 904-1, ¶ 2.)  
As part of his plea agreement and change of plea in this case, 
defendant admitted to having socialized with defendants Ayvazyan and 
Terabelian in the past.  (See ECF 469, ¶ 11.)  Defendant also 
admitted to providing defendants Ayvazyan and Terabelian with 
$150,000 from the proceeds of a COVID-19 disaster relief loan 
defendant obtained, for purposes of defendants Ayvazyan and 
Terabelian making a down payment on a new home.  (See id.)  
Defendant’s apparent close relationship with co-defendants who have 
already fled in this case gives the government significant concerns 
as to defendant’s own risk of flight, particularly considering 
defendant is subject only to location monitoring by telephone and not 
an ankle bracelet. 
Third, in connection with its presentence investigation, the 
USPO identifies certain financial factors underscoring its concerns 
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about defendant’s proposed vacation at this stage of the proceedings.  
Specifically, the USPO notes that defendant’s monthly expenses exceed 
his reported income, and he informed the USPO that he has outstanding 
or unpaid taxes owed to the State of California in the amount of 
approximately $200,000.  (See Exh. 1.)  As part of his plea 
agreement, defendant has agreed that he owes approximately $430,187 
in restitution to victims in this case.  (ECF 469, ¶ 7.)  Thus, 
defendant’s requested vacation is not appropriate in light of his 
financial commitments to victims as part of restitution for which the 
government anticipates the Court will soon be entering at sentencing.  
The fact that defendant appears to be living beyond his means gives 
the government further concern about his risk of flight as the 
reality of the imposition of significant financial obligations (not 
to mention time in prison) fast approaches. 
Finally, the USPO also notes that defendant is currently on 
probation for a California state driving under the influence 
conviction he sustained as a result of an incident that took place in 
Palm Springs – the intended location of his requested vacation.  (See 
Exh. 1.)  Defendant’s term of probation in that case is reportedly 
set to expire in February 2022.  Defendant’s request to travel back 
to Palm Springs for vacation, while under federal and state 
supervision less than one month away from sentencing in this case, 
should be rejected. 
In conclusion, the government respectfully requests the Court 
deny defendant’s fifth ex parte application to modify the conditions 
of his release. 
Case 2:20-cr-00579-SVW   Document 905   Filed 08/31/21   Page 5 of 5   Page ID #:15742

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