Defendant Abraham Park’s Response to Government’s Reply and Further Updated Statement of Objections to Presentence Report — United States v. Park (Dkt. 84, C.D. Cal.)

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Defendant Abraham Park's response to the government's reply and further updated statement of objections to the presentence report, filed August 5, 2025 in United States of America v. Abraham Park, Case No. 8:23-cr-00132-FWS, in the U.S. District Court for the Central District of California, ahead of a hearing set for August 7, 2025. Submitted through attorney Michael A. Schachter of Gessin Schachter LLP, it states that the government filed its reply on July 31, 2025 to the defense's July 24, 2025 sentencing position paper, and sets out the defense's updated objections to the presentence report. A proof of service executed in Irvine, California on August 5, 2025 is attached.

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Case 8:23-cr-00132-FWS        Document 84     Filed 08/05/25   Page 1 of 4 Page ID #:471




1    GESSIN SCHACHTER LLP
     Michael A. Schachter (No. 298610)
2
     Michael@gessinschachter.com
3    Physical – 910 S. El Camino Real, Suite 201
     San Clemente, California 92672
4
     Mailing – 806 E. Avenida Pico, Suite I-291
5    San Clemente, California 92673
     Telephone: (949) 328-6629
6
7    Attorneys for Defendant
     ABRAHAM PARK
8
9
                              UNITED STATES DISTRICT COURT
10
                          CENTRAL DISTRICT OF CALIFORNIA
11
                                    SOUTHERN DIVISION
12
13   UNITED STATES OF AMERICA,                        Case No. 8:23-cr-00132-FWS
14               Plaintiff,                           DEFENDANT ABRAHAM PARK'S
15                                                    RESPONSE TO GOVERNMENT'S
           v.                                         REPLY AND FURTHER UPDATED
16                                                    STATEMENT OF OBJECTIONS TO
17   ABRAHAM PARK,                                    PRESENTENCE REPORT
18               Defendant.                           Date: August 7, 2025
19                                                    Time: 11:00 a.m.
20
21         Defendant Abraham Park, by and through his attorney of record, Michael A.
22   Schachter, submits his Response to Government’s Reply and Further Update Statement
23   of Objections to Presentence Report.
24                                           Respectfully submitted,
25
                                              GESSIN SCHACHTER LLP
26
27   DATED: July 31, 2025                   By /s/ Michael Schachter
28                                            MICHAEL SCHACHTER
                                              Attorney for Defendant Abraham Park

Case 8:23-cr-00132-FWS      Document 84     Filed 08/05/25   Page 2 of 4 Page ID #:472




1                                     I. INTRODUCTION
2          The government filed its reply brief on July 31, 2025, responding to the defense's
3    July 24, 2025 sentencing position paper. The defense now submits this brief response.
4                      II. UPDATED STATEMENT OF OBJECTIONS
5          In its reply, the government notes that the defense objected to a June 30, 2020
6    loan in S.C.’s name but did not object to a later August 3, 2020 loan in S.C.’s name.
7    Dkt. No. 80 at 2-3. The defense agrees to withdraw its objection as to the June 30,
8    2020 loan.
9          This increases the total loss amount for loans where the government has
10   established knowledge of fraudulent intent to $ 4,272,600.00 (calculated by adding
11   $160,000, the value of the June 30th loan in S.C.’s name, to the defense’s prior total in
12   Exhibit 9). Accordingly, the defense respectfully submits that both the loss amount and
13   restitution amount should be $ 4,272,600.00.
14         III. THE DEFENSE RESPECTFULLY MAINTAINS ITS OTHER
15                  OBJECTIONS TO THE PRESENTENCE REPORT
16         Aside from the above, the defense respectfully maintains its other objections to
17   the Presentence Report and the arguments contained in its July 24, 2025 sentencing
18   position paper and July 31, 2025 response to the Revised Declaration of Special Agent
19   Christina Clyburn. The defense briefly highlights two issues from its sentencing
20   position paper:
21        •       Systemic EIDL fraud context: The defense explained that the SBA’s own
22                Inspector General found 33% of all EIDL disbursements were potentially
23                fraudulent. Where fraud was commonplace rather than exceptional due to
24                the program’s structure, the mere fact that an application was later deemed
25                fraudulent cannot, without more, establish that Mr. Park knew of or was
26                deliberately ignorant to its fraudulent nature. The government’s silence on
27                this critical contextual evidence should weigh against accepting their loss
28                calculations at face value.
                                                  1

Case 8:23-cr-00132-FWS      Document 84        Filed 08/05/25   Page 3 of 4 Page ID #:473




1          •      Limited scope of Yafa decision: The government relies on United States v.
2                 Yafa, 136 F. 4th 1194 (9th Cir. 2025), but as the defense noted in its
3                 position paper, Yafa’s holding was expressly limited. While the Ninth
4                 Circuit found “loss” genuinely ambiguous in the context of Application
5                 Note 3(B)’s instruction to use gain, the court emphasized that its
6                 conclusion “is limited to Application Note 3(B) and says nothing about the
7                 reasonableness of Application Note 3(A)’s instruction defining loss as the
8                 ‘greater of actual loss or intended loss.’” Therefore, Yafa does not control
9                 the intended loss issue.
10                                    IV. CONCLUSION
11         Accordingly, for the reasons stated in the defense’s filings and any additional
12   reasons presented at the sentencing hearing, the defense respectfully requests that the
13   Court find a total loss amount and restitution amount of $4,272,600.00, corresponding
14   to an 18-level enhancement, and impose a sentence of either 17 months’ imprisonment
15   or five years of home detention, either of which is sufficient, but not greater than
16   necessary, to achieve the purposes of sentencing.
17
                                               Respectfully submitted,
18
                                               GESSIN SCHACHTER LLP
19
20   DATED: August 5, 2025                   By /s/ Michael Schachter
21                                             MICHAEL SCHACHTER
                                               Attorney for Defendant Abraham Park
22
23
24
25
26
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                                                     2

Case 8:23-cr-00132-FWS       Document 84     Filed 08/05/25    Page 4 of 4 Page ID #:474




1                                     PROOF OF SERVICE
2          I, Isabelle Andrade, declare that I am a resident or employed in Orange County,
3    California; that my business address is the Gessin Schachter LLP, 910 S. El Camino Real,
4    Suite 201, San Clemente, California 92672, Telephone No. (949) 328-6629; that I am
5    over the age of eighteen years; that I am not a party to the action entitled above; that I am
6    employed by Gessin Schachter LLP, who is a member of the Bar of the State of
7    California, and at whose direction I served a copy of the attached DEFENDANT
8    ABRAHAM PARK'S RESPONSE TO GOVERNMENT'S REPLY AND
9    FURTHER UPDATED STATEMENT OF OBJECTIONS TO PRESENTENCE
10   REPORT on the following individual(s) by:
11    [ ] Placing same in    [ ] Placing same in    [ ] Placing same in [ X ] Via E-mail
      a sealed envelope      an envelope for        a sealed envelope   addressed as
12
      for collection and     hand delivery          for collection and  follows:
13    interoffice delivery   addressed as           mailing via the
      addressed as           follows:               United States Post
14
      follows:                                      Office addressed as
15                                                  follows:
16
      Judith Tapia, USPO
17
      E-mail:
18    Judith_Tapia@cacp.uscourts.gov
19
20         This proof of service is executed at Irvine, California, on August 5, 2025.

21         I declare under penalty of perjury that the foregoing is true and correct to the best

22   of my knowledge.

23
24                                           /s/ Isabelle Andrade .
                                             ISABELLE ANDRADE
25
26
27
28
                                                    3

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