Court filing
Proposed Order Topeka Dr — USA v. Ayvazyan et al (Dkt. 912.2)
Filed September 1, 2021 in USA v. Ayvazyan et al; one of 40 filings from this case.
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2021-09-01 |
U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 912-2 · 2021-09-01 · Docket on CourtListener
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UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
EDVARD PARONYAN,
Defendant.
No. CR 20-00579-SVW-7
[PROPOSED] PRELIMINARY ORDER OF
FORFEITURE PURSUANT TO PLEA
AGREEMENT AS TO 4910 TOPEKA
DRIVE, TARZANA, CALIFORNIA
Upon consideration of the application of Plaintiff, United
States of America, for a preliminary order of forfeiture
pursuant to the plea agreement of, and guilty plea to Counts One
and Twenty-six of the First Superseding Indictment entered by,
defendant EDVARD PARONYAN, and, good cause appearing thereon, IT
IS HEREBY ORDERED:
I. FORFEITABLE PROPERTY
For the reasons set out below, any right, title and
interest of defendant Edvard Paronyan in the following described
property (hereinafter, the “Forfeitable Property”) is hereby
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forfeited to the United States. The Court finds that the
government has established the requisite nexus between the
Forfeitable Property and the offenses described in Counts One
and Twenty-six of the First Superseding Indictment, which charge
defendant with 18 U.S.C. § 1349 (conspiracy to commit bank and
wire fraud) and 18 U.S.C. § 1956(h) (conspiracy to commit money
laundering). The Forfeitable Property is more particularly
described as:
a.
The real property located at 4910 Topeka Drive,
Tarzana, California, APN: 2176-029-031, more particularly
described as:
DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1:
THOSE PORTIONS OF LOT 71 and 72 OF TRACT 2605, IN THE CITY
OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 27 PAGE 55 ET SEQ. OF MAPS, AND
THAT PORTION OF PARCEL "A” OF PARCEL MAP L.A. NO. 2015 AS
PER MAP FILED IN BOOK 32 PAGE 19 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF TOPEKA DRIVE, 40
FEET WIDE, AS SHOWN ON SAID MAP, DISTANT THEREON SOUTH 15°
10' 00" WEST 178.55 FEET FROM THE NORTHEASTERLY TERMINUS OF
THAT CERTAIN COURSE IN THE CENTERLINE OF TOPEKA DRIVE SHOWN
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ON SAID MAP AS HAVING A BEARING OF NORTH 15° 10' 00" EAST
AND LENGTH OP 1055.19 FEET;
THENCE SOUTH 74° 50' 00" EAST 56.09 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A
RADIUS OF 129.86 FEET;
THENCE EASTERLY ALONG SAID CURVE 128.40 FEET; TO THE TRUE
POINT OF BEGINNING;
THENCE TANGENT TO SAID CURVE NORTH 48° 30' 50" EAST 147.14
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 100.05 FEET;
THENCE EASTERLY ALONG SAID CURVE, 125.14 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 30° 10' 46" EAST;
THENCE NORTH 10° 52' 46" EAST 45.32 FEET;
THENCE SOUTH 84° 29' 18" EAST 182.82 FEET;
THENCE SOUTH 04° 13' 10" WEST 195.63 FEET TO A POINT IN A
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 175.31 FEET; A
RADIAL LINE TO SAID POINT BEARS NORTH 62° 22' 50” EAST;
THENCE CONTINUING EASTERLY AND SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 50° 06' 30" AN ARC DISTANCE OF
153.32 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 22° 29' 20" WEST 63.38
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 375.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 13° 52' 00" 90.76 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
161.89 FEET;
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THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 17° 46' 00" 50.20 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
75.69 FEET;
THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE, THROUGH
A CENTRAL ANGLE OF 33° 58' 30" 44.88 FEET TO A POINT OF
CUSP IN THE NORTHERLY LINE OF SAID PARCEL "A" SAID
NORTHERLY LINE BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 30.00'; A RADIAL LINE TO SAID POINT BEARS SOUTH
38° 26' 10" EAST;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
116° 31' 20" AN ARC DISTANCE OF 61.01 FEET;
THENCE SOUTH 10° 54' 50" EAST 92.71 FEET;
THENCE SOUTH 80° 16' 17" WEST 20.00 FEET;
THENCE NORTH 31° 28' 33" WEST 120.33 FEET;
THENCE NORTH 22° 17' 48" WEST 20.00 FEET TO THE BEGINNING
OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 55.69
FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 49° 06' 52" AN ARC DISTANCE OF 47.74 FEET TO THE
BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 181.89 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 17° 46' 00" AN ARC DISTANCE OF 56.40 FEET TO THE
BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 355.00 FEET;
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THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 12° 45' 16" AN ARC DISTANCE OF 79.03 FEET;
THENCE NORTH 67° 12' 02" WEST 268.30 FEET;
THENCE NORTH 15° 10' 00" EAST 43.00 FEET;
THENCE NORTH 47° 02' 30" WEST 175.00 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL 2:
THE RIGHT OF INGRESS AND EGRESS FOR SAID PROPERTY OVER A
ROADWAY EASEMENT FROM TOPEKA DRIVE OVER THAT PORTION OF LOT
71, OF TRACT NO. 2605, IN THE CITY OF LOS ANGELES, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 27, PAGE 55, ET SEQ., OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF
LAND 30.00 FEET IN WITH, LYING 15.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND CONVEYED
TO CIRELLA G. SMITH AND HUSBAND, BY DEED RECORDED JULY 8,
1943 AS INSTRUMENT NO. 118, IN BOOK 20132 PAGE 100,
OFFICIAL RECORDS, SAID CORNER BEING DISTANT 261.45 FEET
NORTHERLY FROM THE SOUTHWESTERLY CORNER OF LOT 71, SAID
TRACT 2605; THENCE NORMAL TO THE EASTERLY LINE OF TOPEKA
DRIVE, SOUTH 74° 50' 00” EAST 36.09 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS
OF 129.86 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE,
128.40 FEET; THENCE TANGENT TO SAID CURVE, NORTH 48° 30'
50" EAST 147.14 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHERLY, HAVING A RADIUS OF 100.05 FEET; THENCE
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EASTERLY ALONG SAID CURVE, 144.70 FEET; THENCE TANGENT TO
SAID CURVE, SOUTH 48° 37' 10" EAST, 161.06 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A
RADIUS OF 175.31 FEET, THENCE SOUTHERLY ALONG SAID CURVE,
217.57 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 22° 29'
20" WEST 42.15 FEET TO A POINT.
II. IMPLEMENTATION
IT IS FURTHER ORDERED as follows:
A.
Upon the entry of this Order, and pursuant to Fed. R.
Crim. P. 32.2(b)(3) and 21 U.S.C. § 853, the United States
Attorney General (or a designee) is authorized to seize the
Forfeitable Property.
B.
Upon entry of this Order, the United States is further
authorized to conduct any discovery for the purpose of
identifying, locating, or disposing of the Forfeitable Property
subject to forfeiture pursuant to this Order, 21 U.S.C. § 853(m)
and Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure.
“Any discovery” shall include all methods of discovery permitted
under the Federal Rules of Civil Procedure.
C.
Upon entry of this Order (and at any time in the
future after amendment of the applicable order of forfeiture in
this matter), the United States Attorney General (or a designee)
is authorized to commence any applicable proceeding to comply
with statutes governing third party rights, including giving
notice of this and any other Order affecting specific property.
The following paragraphs shall apply to any ancillary proceeding
conducted in this matter:
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(1) Pursuant to 21 U.S.C. § 853(n)(1) and
Supplemental Rule G(4)(a)(iv)(C) of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions, the
government shall forthwith publish for at least thirty (30)
consecutive days on an official government website notice of
this order and any other Order affecting the Forfeitable
Property, and notice that any person, other than the defendant,
having or claiming a legal interest in the property must file a
petition with the Court within thirty (30) days of the
publication of notice or receipt of actual notice, whichever is
earlier. The United States shall also, to the extent
practicable, provide written notice to any person known to have
an alleged interest in the Forfeitable Property.
(2) Any person other than defendant EDVARD PARONYAN
(“defendant”) asserting a legal interest in the Forfeitable
Property may, within thirty days of the publication of notice or
receipt of notice, whichever is earlier, petition the court for
a hearing without a jury to adjudicate the validity of his or
her alleged interest in the property, and for an amendment of
the order of forfeiture, pursuant to 21 U.S.C. § 853(n)(2).
(3) Any petition filed by a third party asserting an
interest in the Forfeitable Property shall be signed by the
petitioner under penalty of perjury and shall set forth the
nature and extent of the petitioner’s right, title, or interest
in such property, the time and circumstances of the petitioner’s
acquisition of the right, title or interest in the property, any
additional facts supporting the petitioner’s claim, and the
relief sought. 21 U.S.C. § 853(n)(3).
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(4) The United States shall have clear title to the
Forfeitable Property following the Court’s disposition of all
third-party interests or, if no petitions are filed, following
the expiration of the period provided in 21 U.S.C. § 853(n)(2)
for the filing of third party petitions.
D.
Pursuant to Fed. R. Crim. P. 32.2(b)(3) and
defendant’s consent, this Preliminary Order of Forfeiture shall
become final as to defendant EDVARD PARONYAN upon entry and
shall be made part of his sentence and included in his judgment.
E.
The Court shall retain jurisdiction to enforce this
Order, and to amend it as necessary, pursuant to Fed. R. Crim.
P. 32.2(e).
DATED: ___________________
_________________________________
HONORABLE STEPHEN V. WILSON
UNITED STATES DISTRICT JUDGE
PRESENTED BY:
TRACY L. WILKISON
Acting United States Attorney
SCOTT M. GARRINGER
Assistant United States Attorney
Chief, Criminal Division
/s/Brent A. Whittlesey
BRENT A. WHITTLESEY
Assistant United States Attorney
Asset Forfeiture Section
Attorneys for Plaintiff
UNITED STATES OF AMERICA
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