Court filing
PRELIMINARY ORDER OF FORFEITURE PURSUANT TO PLEA AGREEMENT AS TO PERSONAL PROPERTY… — USA v. Ayvazyan et al (Dkt. 943)
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2021-09-03 |
U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 943 · 2021-09-03 · Docket on CourtListener
Summary
A preliminary order of forfeiture pursuant to plea agreement as to defendant Edvard Paronyan, No. CR 20-00579-SVW-7, in USA v. Ayvazyan et al in the U.S. District Court for the Central District of California, filed September 3, 2021 as Document 943. It rests on his guilty plea to Counts One and Twenty-six of the First Superseding Indictment, which charge violations of 18 U.S.C. § 1349 and 18 U.S.C. § 1956(h), and finds the requisite nexus to the property. The listed property includes $74,557.79 and $65,990.43 in bank funds, $451,185.00 in U.S. currency seized on November 5, 2020, Cartier, Rolex and Audemars Piguet watches, sixty gold bullion coins, a gold neck chain and diamond earrings. The order authorizes seizure and discovery, sets publication and third-party petition procedures under 21 U.S.C. § 853(n), and becomes final as to the defendant upon entry.
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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 PERSONAL
PROPERTY
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
XXXXXXXXXX
[912-1]
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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.
$74,557.79 in bank funds seized from Bank of America
account number ending in 7695 held in the name of Allstate
Towing & Transport LLC;
b.
$65,990.43 in bank funds seized from Bank of America
account ending in 9700 held in the name of Runyan Tax Service
Inc.;
c.
$451,185.00 in U.S. Currency seized on November 5,
2020, in various areas and backyard of a Tarzana, California
residence;
d.
One Santos De Cartier stainless steel wrist watch,
model 4183, serial number 163389YX;
e.
One Audermars Piguet, Royal Oak 18 carat rose gold
wrist watch, model 26331, serial number J52335 seized on
November 5, 2020 in various areas and backyard of a Tarzana,
California residence;
f.
One Rolex Datejust stainless steel wrist watch, model
126334, serial number 4U95Z313 seized on November 5, 2020 in
various areas and backyard of a Tarzana, California residence;
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g.
One Audemars Piguet, Royal Oak Offshore black ceramic
wrist watch, serial number K23313 seized on November 5, 2020 in
various areas and backyard of a Tarzana, California residence;
h.
One Audemars Piguet Royal Oak Offshore black ceramic
wrist watch, serial number LU44845K seized on November 5, 2020
in various areas and backyard of a Tarzana, California
residence;
i.
One Rolex Day-Date watch, serial number W44P7238
seized on October 20, 2020 at the Miami International Airport
from Richard Ayvazyan and Marietta Terabelian;
j.
Sixty Gold Bullion Coins seized on November 5, 2020 in
various areas and backyard of a Tarzana, California residence;
k.
One 14 carat yellow gold 24” neck chain seized on
October 20, 2020 at the Miami International Airport from Richard
Ayvazyan and Marietta Terabelian;
l.
One Pair of 14 carat white gold earrings with diamond
stud seized on October 20, 2020 at the Miami International
Airport from Richard Ayvazyan and Marietta Terabelian.
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
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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:
(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
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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).
(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.
///
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