Exhibit B — USA v. Ayvazyan et al (Dkt. 1043.2)

Summary

Exhibit B, filed 10/08/21 as Document 1043-2 in the Central District of California, reproduces emails from September 2021 under the subject "Avayzan Tarabelian Real Property." Brent Whittlesey of the Asset Forfeiture Section writes that the defendants are fugitive, that preliminary orders of forfeiture have terminated their ownership, and that loan defaults threaten the interest of the United States. The government therefore intends to request an ex parte order for the Marshal to conduct interlocutory sales; the lienholders do not object. Nicholas Silverman of Steptoe & Johnson LLP first asks which three addresses are meant, then states no objection for the Glendale and Palm Desert properties and an objection for Tarzana in the absence of evidence of a defaulted mortgage or tax. John Littrell takes the same position on behalf of Marietta Terabelian.

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Case 2:20-cr-00579-SVW Document 1043-2 Filed 10/08/21 Page1lof6 PageID

#:17263
Beckman, Shannen (USACAC) [Contractor]
From: Silverman, Nicholas <nsilverman@steptoe.com>
Sent: Friday, September 24, 2021 10:39 AM
To: Whittlesey, Brent (USACAC)
Ce: Beckman, Shannen (USACAC) [Contractor]; Boyle, Daniel (USACAC); jlittrell@bklwlaw.com;
rfraser@bklwlaw.com; Ram, Ashwin; Keough, Michael
Subject: RE: [EXTERNAL] RE: Avayzan Tarabelian Real Property

Apologies. Resending with Ashwin and Mike included.

Brent,

As you know, we are in a delicate position because we have been ordered to continue representing a client with
whom we have no ability to communicate. We are therefore limited in the degree to which we can take a
position on Richard Ayvazyan’s behalf.

e With respect to 834 Calle La Primavera in Glendale and 74203 Anastacia Lane in Palm Desert, we do
not object. Ayvazyan has not asserted any ownership interest in those properties.

e With respect to 4910 Topeka Drive in Tarzana, we would object in the absence of evidence of a
defaulted mortgage or tax sufficient to satisfy Fed. R. Civ. P. Supp. R. G(7). In the event that the
government supports its filing with evidence of a defaulted mortgage or tax, we would take no position
regarding the government’s application.

Regards,

Nicholas P. Silverman
Associate
nsilverman@steptoe.com

Steptoe

+1 202 429 8096 direct Steptoe & Johnson LLP
+1 617 595 6559 mobile 1330 Connecticut Avenue, NW
+1 202 429 3902 fax Washington, DC 20036

www.steptoe.com

This message and any attached documents contain information from the law firm Steptoe & Johnson LLP that may be confidential and/or privileged. If
you are not the intended recipient, please do not read, copy, distribute, or use this information. If you have received this transmission in error, please
notify the sender immediately by reply e-mail and then delete this message.

From: Whittlesey, Brent (USACAC) <Brent.Whittlesey@usdoj.gov>

Sent: Thursday, September 23, 2021 11:07 AM

To: Silverman, Nicholas <nsilverman@steptoe.com>

Cc: Beckman, Shannen (USACAC) [Contractor] <Shannen.Beckman@usdoj.gov>
Subject: Re: [EXTERNAL] RE: Avayzan Tarabelian Real Property

1
12 EXHIBIT B
Case 2:20-cr-00579-SVW Document 1043-2 Filed 10/08/21 Page2of6 PageID
#:17264

| am happy to have you object.

Sent from my iPhone

On Sep 23, 2021, at 8:04 AM, Whittlesey, Brent (USACAC) <BWhittlesey@usa.doj.gov> wrote:

4910 Topeka Drive Tarzana

834 Calle La Primavera Glendale
74203 Anastacia Lane Palm Desert
FedRCrimP 32.2

Sent from my iPhone

On Sep 23, 2021, at 7:04 AM, Silverman, Nicholas <nsilverman@steptoe.com> wrote:

Hi Brent,
Ashwin forwarded me your email. Two quick questions:

1. Your email references three properties: “the Encino, Glendale and Palm
Desert properties.” I think we are on the same page that you are
referencing the three properties from the forfeiture hearing, but can you
please clarify the three addresses that you are seeking our position on?

2. Can you please direct me to the applicable statute and/or case law upon
which the U.S. Marshal would be relying in conducting such an
interlocutory sale? I am happy to take a look and see if we can provide
assent.

Regards,

Nicholas P. Silverman
Associate
nsilverman@steptoe.com

Steptoe

+1 202 429 8096 direct Steptoe & Johnson LLP
+1 617 595 6559 mobile 1330 Connecticut Avenue, NW
+1 202 429 3902 fax Washington, DC 20036

www.steptoe.com

This message and any attached documents contain information from the law firm Steptoe & Johnson LLP that
may be confidential and/or privileged. If you are not the intended recipient, please do not read, copy, distribute,
or use this information. If you have received this transmission in error, please notify the sender immediately by
reply e-mail and then delete this message.

13 EXHIBIT B
Case 2:20-cr-00579-SVW Document 1043-2 Filed 10/08/21 Page3of6 PageID
#:17265

Begin forwarded message:

From: "Whittlesey, Brent (USACAC)" <Brent.Whittlesey@usdoj.gov>
Date: September 22, 2021 at 10:22:56 AM PDT

To: John Littrell <jlittrell@bienertkatzman.com>, "Ram, Ashwin"
<aram@steptoe.com>

Ce: "Boyle, Daniel (USACAC)" <Daniel.Boyle2@usdoj.gov>, "Beckman,
Shannen (USACAC) [Contractor]" <Shannen.Beckman@usdoj.gov>
Subject: Avayzan Tarabelian Real Property

As you know, the court has entered preliminary orders of forfeiture with
respect to the interest of Avayzan and Tarabelian that are subject to
forfeiture, the Encino, Glendale and Palm Desert properties. The entry
of the preliminary order of forfeiture terminates the legal interest of the
defendants in the properties. We have been advised by the lienholders
that all of the loans secured by the properties are in default. Because
the defendants are fugitive and their ownership of the properties has
been terminated, it seems unlikely that they will cure defaults or make
further payments on the loans. The defaults threaten the interest of
the United States in the equity in the properties. As a result, we intend
to request an ex parte order authorizing the Marshal to conduct
interlocutory sales of the properties. The lienholders have advised us
that they do not object to interlocutory sale, with the loans secured by
the properties paid from the sale proceeds.

Please advise me whether either of you, as counsel for the defendants,
objects to an ex parte application for interlocutory sale. We will note
your position for the Court when we file the application.

Brent A. Whittlesey

Asset Forfeiture Section — U.S. Attorneys Office
312 North Spring Street, Los Angeles CA 90012
Office (213) 894-5421

14 EXHIBIT B
Case 2:20-cr-00579-SVW Document 1043-2 Filed 10/08/21 Page4of6 PageID

#:17266
Beckman, Shannen (USACAC) [Contractor]
From: John Littrell <jlittrell@bklwlaw.com>
Sent: Friday, September 24, 2021 11:02 AM
To: Silverman, Nicholas; Whittlesey, Brent (USACAC)
Ce: Beckman, Shannen (USACAC) [Contractor]; Boyle, Daniel (USACAC); Ryan V. Fraser; Ram, Ashwin;
Keough, Michael
Subject: RE: [EXTERNAL] RE: Avayzan Tarabelian Real Property

We take the same position on behalf of Marietta Terabelian.

John L. Littrell | Partner
Bienert Katzman Littrell Williams LLP
Website | vCard | Profile

From: Silverman, Nicholas <nsilverman@steptoe.com>

Sent: Friday, September 24, 2021 10:39 AM

To: Whittlesey, Brent (USACAC) <Brent.Whittlesey@usdoj.gov>

Cc: Beckman, Shannen (USACAC) [Contractor] <Shannen.Beckman@usdoj.gov>; Boyle, Daniel (USACAC)
<Daniel.Boyle2@usdoj.gov>; John Littrell <jlittrell|@bklwlaw.com>; Ryan V. Fraser <rfraser@bklwlaw.com>; Ram, Ashwin
<aram@Steptoe.com>; Keough, Michael <mkeough@Steptoe.com>

Subject: RE: [EXTERNAL] RE: Avayzan Tarabelian Real Property

Apologies. Resending with Ashwin and Mike included.

Brent,

As you know, we are in a delicate position because we have been ordered to continue representing a client with
whom we have no ability to communicate. We are therefore limited in the degree to which we can take a
position on Richard Ayvazyan’s behalf.

e With respect to 834 Calle La Primavera in Glendale and 74203 Anastacia Lane in Palm Desert, we do
not object. Ayvazyan has not asserted any ownership interest in those properties.

e With respect to 4910 Topeka Drive in Tarzana, we would object in the absence of evidence of a
defaulted mortgage or tax sufficient to satisfy Fed. R. Civ. P. Supp. R. G(7). In the event that the
government supports its filing with evidence of a defaulted mortgage or tax, we would take no position
regarding the government’s application.

Regards,

Nicholas P. Silverman
Associate
nsilverman@steptoe.com

Steptoe

15 EXHIBIT B
Case 2:20-cr-00579-SVW Document 1043-2 Filed 10/08/21 Page5of6 PageID

#:17267
+1 202 429 8096 direct Steptoe & Johnson LLP
+1 617 595 6559 mobile 1330 Connecticut Avenue, NW
+1 202 429 3902 fax Washington, DC 20036

www.steptoe.com

This message and any attached documents contain information from the law firm Steptoe & Johnson LLP that may be confidential and/or privileged. If
you are not the intended recipient, please do not read, copy, distribute, or use this information. If you have received this transmission in error, please
notify the sender immediately by reply e-mail and then delete this message.

From: Whittlesey, Brent (USACAC) <Brent.Whittlesey@usdoj.gov>

Sent: Thursday, September 23, 2021 11:07 AM

To: Silverman, Nicholas <nsilverman@steptoe.com>

Cc: Beckman, Shannen (USACAC) [Contractor] <Shannen.Beckman@usdoj.gov>
Subject: Re: [EXTERNAL] RE: Avayzan Tarabelian Real Property

| am happy to have you object.

Sent from my iPhone

On Sep 23, 2021, at 8:04 AM, Whittlesey, Brent (USACAC) <BWhittlesey@usa.doj.gov> wrote:

4910 Topeka Drive Tarzana

834 Calle La Primavera Glendale
74203 Anastacia Lane Palm Desert
FedRCrimP 32.2

Sent from my iPhone

On Sep 23, 2021, at 7:04 AM, Silverman, Nicholas <nsilverman@steptoe.com> wrote:

Hi Brent,
Ashwin forwarded me your email. Two quick questions:

1. Your email references three properties: “the Encino, Glendale and Palm
Desert properties.” I think we are on the same page that you are
referencing the three properties from the forfeiture hearing, but can you
please clarify the three addresses that you are seeking our position on?

2. Can you please direct me to the applicable statute and/or case law upon
which the U.S. Marshal would be relying in conducting such an
interlocutory sale? I am happy to take a look and see if we can provide

assent.

Regards,

Nicholas P. Silverman
Associate

16 EXHIBIT B
Case 2:20-cr-00579-SVW Document 1043-2 Filed 10/08/21 Page6of6 PageID
#:17268

nsilverman@steptoe.com

Steptoe

+1 202 429 8096 direct Steptoe & Johnson LLP
+1 617 595 6559 mobile 1330 Connecticut Avenue, NW
+1 202 429 3902 fax Washington, DC 20036

www.steptoe.com

This message and any attached documents contain information from the law firm Steptoe & Johnson LLP that
may be confidential and/or privileged. If you are not the intended recipient, please do not read, copy, distribute,
or use this information. If you have received this transmission in error, please notify the sender immediately by
reply e-mail and then delete this message.

Begin forwarded message:

From: "Whittlesey, Brent (USACAC)" <Brent.Whittlesey@usdoj.gov>
Date: September 22, 2021 at 10:22:56 AM PDT

To: John Littrell <jlittrell@bienertkatzman.com>, "Ram, Ashwin"
<aram@steptoe.com>

Ce: "Boyle, Daniel (USACAC)" <Daniel.Boyle2@usdoj.gov>, "Beckman,
Shannen (USACAC) [Contractor]" <Shannen.Beckman@usdoj.gov>
Subject: Avayzan Tarabelian Real Property

As you know, the court has entered preliminary orders of forfeiture with
respect to the interest of Avayzan and Tarabelian that are subject to
forfeiture, the Encino, Glendale and Palm Desert properties. The entry
of the preliminary order of forfeiture terminates the legal interest of the
defendants in the properties. We have been advised by the lienholders
that all of the loans secured by the properties are in default. Because
the defendants are fugitive and their ownership of the properties has
been terminated, it seems unlikely that they will cure defaults or make
further payments on the loans. The defaults threaten the interest of
the United States in the equity in the properties. As a result, we intend
to request an ex parte order authorizing the Marshal to conduct
interlocutory sales of the properties. The lienholders have advised us
that they do not object to interlocutory sale, with the loans secured by
the properties paid from the sale proceeds.

Please advise me whether either of you, as counsel for the defendants,
objects to an ex parte application for interlocutory sale. We will note
your position for the Court when we file the application.

Brent A. Whittlesey

Asset Forfeiture Section — U.S. Attorneys Office
312 North Spring Street, Los Angeles CA 90012
Office (213) 894-5421

17 EXHIBIT B


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