Government's Response to Presentence Investigation Report for Manuk Grigoryan (Document 1036)
Summary
Government's Response to Presentence Investigation Report for Manuk Grigoryan in United States v. Manuk Grigoryan, No. 2:20-cr-579(A)-SVW-5, filed October 4, 2021 as Document 1036, with sentencing listed for October 25, 2021. The government asks that the actual loss and restitution figure be corrected from $2,602,798 to $2,677,798, because the report omits the "Advance" column of the plea-agreement chart and lists a G&A Diamonds EIDL loan as $149,000 rather than $145,000. It says restitution owed to the SBA should be $1,473,000. It also proposes wording fixes to the report and reproduces the plea-agreement chart as Appendix A.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Government's Response to Presentence Investigation Report for Manuk Grigoryan (Document 1036).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-c-d-cal-no-2-20-cr-00579-dkt-1036-c-d-cal-12a720cab4/
, SHA-256 5eb22ffee396cf32c67f4b3757ba36fae708e328ca5f052d93784a197f4dacc1.Full text
Case 2:20-cr-00579-SVW Document 1036 Filed 10/04/21 Page 1 of 9 Page ID #:17141
1 TRACY L. WILKISON
Acting United States Attorney
2 SCOTT M. GARRINGER
Assistant United States Attorney
3 Chief, Criminal Division
SCOTT PAETTY (Cal. Bar No. 274719)
4 CATHERINE AHN (Cal. Bar No. 248286)
BRIAN FAERSTEIN (Cal. Bar No. 274850)
5 Assistant United States Attorneys
Major Frauds/Environmental and Community Safety Crimes Sections
6 1100/1300 United States Courthouse
312 North Spring Street
7 Los Angeles, California 90012
Telephone: (213) 894-6527/2424/3819
8 Facsimile: (213) 894-6269/0141
E-mail: Scott.Paetty@usdoj.gov
9 Catherine.S.Ahn@usdoj.gov
Brian.Faerstein@usdoj.gov
10
JOSEPH S. BEEMSTERBOER
11 Acting Chief, Fraud Section
Criminal Division, U.S. Department of Justice
12 CHRISTOPHER FENTON
Trial Attorney, Fraud Section
13 Criminal Division, U.S. Department of Justice
1400 New York Avenue NW, 3rd Floor
14 Washington, DC 20530
Telephone: (202) 320-0539
15 Facsimile: (202) 514-0152
E-mail: Christopher.Fenton@usdoj.gov
16
Attorneys for Plaintiff
17 UNITED STATES OF AMERICA
18 UNITED STATES DISTRICT COURT
19 FOR THE CENTRAL DISTRICT OF CALIFORNIA
20 UNITED STATES OF AMERICA, No. 2:20-cr-579(A)-SVW-5
21 Plaintiff, GOVERNMENT’S RESPONSE TO
PRESENTENCE INVESTIGATION
22 v. REPORT FOR MANUK GRIGORYAN
23 MANUK GRIGORYAN,
aka “Mike Grigoryan,” and Sentencing: October 25, 2021
24 “Anton Kudiumov,” Time: 11:00 a.m.
Location: Courtroom of the
25 Defendant. Hon. Stephen V. Wilson
26
27
28
Case 2:20-cr-00579-SVW Document 1036 Filed 10/04/21 Page 2 of 9 Page ID #:17142
1 Plaintiff United States of America, by and through its counsel
2 of record, the Acting United States Attorney for the Central District
3 of California, Assistant United States Attorneys Scott Paetty,
4 Catherine Ahn, and Brian Faerstein, and Department of Justice Trial
5 Attorney Christopher Fenton, hereby files its initial response,
6 pursuant to Federal Rule of Criminal Procedure 32(f), to the
7 Presentence Investigation Report (“PSR”), prepared by the United
8 States Probation and Pretrial Services Office, for defendant MANUK
9 GRIGORYAN (ECF 974).
10 The government respectfully submits that the actual loss amount
11 and corresponding restitution figure calculated in the PSR should be
12 adjusted from $2,602,798 to $2,677,798 for the reasons described
13 further below. In addition, the government provides additional
14 proposed corrections or clarifications to other aspects of the PSR.
15 The Actual Loss and Restitution Amounts Calculated in the PSR
Should Be Corrected
16
17 The calculation of actual loss in the PSR should be corrected to
18 be $2,677,798, not $2,602,798, in the section titled “The Offense
19 Conduct,” and the chart summarizing the loan applications underlying
20 the loss amount should also be corrected. In addition, the
21 restitution amount, which is based on the actual loss amount, should
22 similarly be corrected in the sections titled “Victim Impact” and
23 “Restitution.”
24 First, in the section of the PSR addressing “The Offense
25 Conduct,” the PSR states that the fraudulent loan applications for
26 which defendant is being held accountable as relevant conduct “caused
27 a total intended loss of $3,398,282 and $2,602,798 in actual losses,
28 as described in the table below.” (PSR ¶ 37.) The PSR includes a
2
Case 2:20-cr-00579-SVW Document 1036 Filed 10/04/21 Page 3 of 9 Page ID #:17143
1 table of 20 Paycheck Protection Program (PPP) and Economic Injury
2 Disaster Loan (EIDL) applications, 16 of which were disbursed/funded
3 and 4 of which were cancelled. (Id.) The information in the chart
4 appears to be sourced from a similar chart set forth in the factual
5 basis of the parties’ plea agreement. (See ECF 436, ¶ 15.)
6 However, the chart in the PSR contains two errors: (1) it omits
7 the final column in the chart in the plea agreement that reflects
8 “Advance” amounts of money paid out under certain EIDL applications;
9 and (2) it incorrectly states that the EIDL loan disbursed by the
10 United States Small Business Administration (SBA) in connection with
11 the G&A Diamonds loan application was $149,000 instead of the
12 actually-funded amount of $145,000, as the underlying G&A Diamonds
13 EIDL loan documentation reflects (see Gov’t Trial Exhibit 2.g at 1-
14 2). 1 The government is reproducing as Appendix A hereto the chart
15 that was agreed upon by the parties in the plea agreement. The
16 government submits that the form and content of this chart should
17 replace the chart currently listed in paragraph 37 of the PSR.
18 Taking into account the information set forth in the corrected
19 chart, the amount of actual loss – that is, the summation of all the
20 disbursed/funded loans plus the advances obtained through certain
21 EIDL loans – should be reflected as $2,677,798 in paragraph 37 of the
22 PSR. 2
23
1 The factual basis to the parties’ plea agreement inadvertently
24 stated that the amount received for the G&A Diamonds EIDL loan was
$149,900 instead of $145,000. (See ECF 436, ¶ 15.) As stated above,
25 the correct amount is $145,000 based on the underlying loan
documentation.
26
2 The PSR correctly states that the total intended loss amount
27 associated with the 20 loans in the chart is $3,398,282. This
intended loss amount was included in the parties’ plea agreement
28 based on the chart set forth in that agreement (and reproduced here
as Appendix A). (See ECF 436, ¶ 15.)
3
Case 2:20-cr-00579-SVW Document 1036 Filed 10/04/21 Page 4 of 9 Page ID #:17144
1 Second, in the sections of the PSR addressing “Victim Impact”
2 and “Restitution,” the PSR relies on the mistaken actual loss
3 calculation described above in finding that $2,602,798 is owed in
4 restitution. (See PSR ¶¶ 39, 125.) For the reasons explained above,
5 the total restitution figure should instead be calculated as
6 $2,677,798.
7 In addition, with respect to the individualized restitution owed
8 to the institutional victims, the amount listed as being owed to the
9 SBA - $1,398,000 - is undercounted by $75,000. As explained above,
10 the listed amount does not account for the $79,000 in “Advance”
11 payments reflected in the corrected chart in Appendix A, and
12 overcounts $4,000 as to the G&A Diamonds EIDL loan that should be
13 listed as $145,000 instead of $149,000. Thus, the correct amount of
14 restitution owed to the SBA in paragraphs 39 and 125 of the PSR
15 should be calculated as $1,473,000.
16 Corrections and Clarifications
17 In addition to the above, the government submits this response
18 to correct or clarify the following:
19 • In paragraph 3 under the section titled “Charge(s) and
20 Conviction(s),” the second sentence should be revised to
21 state, “. . . Grigoryan and his co-defendants, aiding and
22 abetting each other, submitted and caused the submission of
23 a Paycheck Protection Program loan to Lender B in the name
24 of Redline Auto Mechanics in order to carry out a scheme or
25 plan to obtain money or property from a financial
26 institution through false statements or promises, in
27
28
4
Case 2:20-cr-00579-SVW Document 1036 Filed 10/04/21 Page 5 of 9 Page ID #:17145
1 violation of 18 U.S.C. § 1344(2),” with the new proposed
2 language underlined above.
3 • In the same paragraph, the last sentence should be revised
4 to state, “. . . Grigoryan knowingly transferred,
5 possessed, and used, and willfully caused to be
6 transferred, possessed, and used, without lawful authority
7 . . .,” with the new proposed language underlined above.
8 • Paragraph 6 under the section titled “Charge(s) and
9 Conviction(s)” incorrectly states that the government
10 agreed in the plea agreement to “recommend a term of
11 imprisonment no higher than the low end of applicable
12 Sentencing Guideline range, . . . .” As set forth in the
13 plea agreement (ECF 436 at ¶ 4.e), this language in
14 paragraph 6 of the PSR should be corrected to read, “not
15 seek a sentence of imprisonment above the high end of, and
16 make no recommendation as to the point within the
17 applicable Sentencing Guidelines range at which a term of
18 imprisonment should be selected, . . . .”
19 • Paragraph 9 under the section titled “Counts to be
20 Dismissed” should be revised to state “through at least
21 August 2020,” with the new proposed language underlined
22 above.
23 • Paragraph 10 under the section titled “Counts to be
24 Dismissed” should be revised to state, “. . . Grigoryan and
25 his codefendants, committed and aided and abetted wire
26
27
28
5
Case 2:20-cr-00579-SVW Document 1036 Filed 10/04/21 Page 6 of 9 Page ID #:17146
1 fraud . . .,” with the new proposed language underlined
2 above.
3 • Paragraph 11 under the section titled “Counts to be
4 Dismissed” should be revised to state, “. . . Grigoryan and
5 his codefendants, committed, caused to be committed, and
6 aided and abetted bank fraud . . .,” with the new proposed
7 language underlined above.
8 • Paragraph 12 under the section titled “Counts to be
9 Dismissed” should be revised to state “through at least
10 October 2020,” with the new proposed language underlined
11 above.
12 • Paragraph 13 under the section titled “Pretrial Adjustment”
13 states that, “Pretrial Services records indicate Grigoryan
14 has complied with all Court ordered conditions of release.”
15 The government notes that, on August 18, 2021, Pretrial
16 Services submitted a Pretrial Violation Report alleging
17 that during defendant’s presentence investigation
18 interview, defendant disclosed certain information he had
19 not initially disclosed to Pretrial Services following his
20 arrest in this case. (See ECF 871.) Upon agreement of the
21 parties and Pretrial Services, the Court imposed additional
22 conditions of pretrial release pertaining to the possession
23 and use of controlled substances and the monitoring
24 thereof. (See ECF 873.) In addition, on September 13,
25 2021, Pretrial Services submitted a Pretrial Violation
26 Report alleging separate issues relating to a trip
27 defendant took in or around August 2021, with a
28 recommendation to the Court that no action be taken at that
6
Case 2:20-cr-00579-SVW Document 1036 Filed 10/04/21 Page 7 of 9 Page ID #:17147
1 time. (See ECF 962.) The government does not further
2 describe herein the contents of the allegations set forth
3 in these Pretrial Violation Reports, which are restricted
4 documents on the Court’s docket. However, the government
5 believes the information described in the reports is
6 relevant for the United States Probation & Pretrial
7 Services Office’s consideration in connection with
8 paragraph 13 of the PSR.
9 • Paragraphs 14, 15, 16 and 21 under the section titled
10 “Status of Co-Defendants” should be corrected to state that
11 co-defendants Richard Ayvazyan, Marietta Terabelian, Artur
12 Ayvazyan, and Vahe Dadyan were found guilty by jury trial
13 on June 25, 2021, not June 28.
14 • Paragraph 20 under the section titled “Status of Co-
15 Defendants” should be revised to reflect that codefendant
16 Edvard Paronyan was sentenced to 30 months in prison on
17 September 27, 2021.
18 • In paragraph 34 under the section titled “G&A Diamonds,”
19 the last sentence should be corrected to state that the SBA
20 wired $145,000, not $149,900, to a G&A Diamonds bank
21 account, for the reasons explained above.
22 • In paragraph 35 under the section titled “Redline Auto
23 Mechanics,” the government suggests adding as the new
24 second sentence (as stated in the plea agreement) the
25 following: “Celtic Bank was a financial institution the
26
27
28
7
Case 2:20-cr-00579-SVW Document 1036 Filed 10/04/21 Page 8 of 9 Page ID #:17148
1 deposits of which were insured by the Federal Deposit
2 Insurance Company.”
3 • In footnote 2 appended to the same paragraph, the
4 government suggests revising the second sentence to read,
5 “A.F. was a real person . . .” instead of “A.D. and A.F.
6 were real persons . . . .”
7 • In paragraph 36 under the section titled “Redline Auto
8 Mechanics,” the government suggests adding to the end of
9 the paragraph the phrase “. . . including the G&A Diamonds
10 EIDL Application described above.”
11 Dated: October 4, 2021 Respectfully submitted,
12 TRACY L. WILKISON
Acting United States Attorney
13
SCOTT M. GARRINGER
14 Assistant United States Attorney
Chief, Criminal Division
15
/s/
16 SCOTT PAETTY
CATHERINE AHN
17 BRIAN FAERSTEIN
Assistant United States Attorneys
18 CHRISTOPHER FENTON
Department of Justice Trial Attorney
19
Attorneys for Plaintiff
20 UNITED STATES OF AMERICA
21
22
23
24
25
26
27
28
8
Case 2:20-cr-00579-SVW Document 1036 Filed 10/04/21 Page 9 of 9 Page ID #:17149
1 APPENDIX A
2 Chart from Factual Basis in Parties’ Plea Agreement (ECF 436, ¶ 15)
3 Company Applicant Amount Lender Status Advance
Fadehaus Anton
$ 150,000 SBA Disbursed $ 10,000
Barbershop Kudiumov
4 Fadehaus Anton
$ 182,637 WebBank Cancelled
Barbershop Kudiumov
5 Nelson's Anton
$ 49,000 SBA Disbursed $ 7,000
Nursery Kudiumov
6 Redline Auto Anton
$ 150,000 SBA Disbursed $ 7,000
Mechanics Kudiumov
Redline Auto Anton Celtic
7 Mechanics Inc. Kudiumov
$ 276,600
Bank
Disbursed
Anton
8 TM Events Inc. $ 276,600 Newtek Disbursed
Kudiumov
Anton
TM Events Inc. $ 150,000 SBA Disbursed $ 7,000
9 Kudiumov
Cross
Manukyan Anna
$ 131,195 River Disbursed
10 Construction Manukyan
Bank
Manukyan Anna Celtic
11 $ 131,195 Cancelled
Construction Manukyan Bank
Artashes
G&A Diamonds $ 145,000 SBA Disbursed
12 Grigoryan
Cross
Artashes
G&A Diamonds $ 113,750 River Disbursed
13 Grigoryan
Bank
Apex Health and
14 Safety
Anna
$ 150,000 SBA Funded $ 10,000
Manukyan
Consultants
15 Greenshop Hydro Anna
$ 150,000 SBA Funded $ 10,000
Inc Manukyan
16 Manukyan Anna
$ 150,000 SBA Funded $ 10,000
Construction Manukyan
Runyan Tax Viktoria Seattle
17 Service, Inc Kauichko
$ 276,653
Bank
Disbursed
Journeymen Viktoria
$ 150,000 SBA Disbursed $ 8,000
18 Construction Kauichko
Fiber One Viktoria
$ 150,000 SBA Disbursed $ 10,000
19 Media, Inc. Kauichko
Fiber One Viktoria
$ 276,652 WebBank Cancelled
Media, Inc. Kauichko
20 Fiber One Viktoria Celtic
$ 130,000 Cancelled
Media, Inc. Kauichko Bank
21 Fiber One Viktoria Ready
$ 130,000 Disbursed
Media, Inc. Kauichko Capital
22
23
24
25
26
27
28
9
File and source
- File
- 1036.pdf
- Size
- 170,494 bytes
- SHA-256
- 5eb22ffee396cf32c67f4b3757ba36fae708e328ca5f052d93784a197f4dacc1
- Our copy
- 1036.pdf
- Original
- No public link identified.