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Government's Sentencing Position for Defendant Manuk Grigoryan (Document 1055)

Summary

Government's Sentencing Position for Defendant Manuk Grigoryan in United States v. Manuk Grigoryan, No. CR 20-00579(A)-SVW-5, filed October 18, 2021 as Document 1055, with sentencing listed for October 25, 2021. The memorandum says he pleaded guilty to bank fraud and aggravated identity theft in a fraud on pandemic relief programs, and agrees with the Probation calculation of an effective advisory range of 65 to 75 months, including a mandatory consecutive 24 months. It argues that a sentence within that range is appropriate and a variance below it is not warranted, and takes no position on where within the range. It also seeks four years of supervised release and restitution of $2,684,798, not $2,602,798.

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Cite this document

“Government's Sentencing Position for Defendant Manuk Grigoryan (Document 1055).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-c-d-cal-no-2-20-cr-00579-dkt-1055-c-d-cal-d345590045/, SHA-256 d85546c90d6ace5bfa809d9586171f655a275ee8f19f51816d42e7d602f56a39.

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     Case 2:20-cr-00579-SVW Document 1055 Filed 10/18/21 Page 1 of 20 Page ID #:17484



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. CR 20-00579(A)-SVW-5

21                Plaintiff,                 GOVERNMENT’S SENTENCING POSITION FOR
                                             DEFENDANT MANUK GRIGORYAN
22                      v.
                                             Date:         October 25, 2021
23     MANUK GRIGORYAN,                      Time:         11:00 a.m.
         aka “Mike Grigoryan,” and           Location:     Courtroom of the Hon.
24           “Anton Kudiumov,”                               Stephen V. Wilson

25                Defendant.

26

27           Plaintiff United States of America, by and through its counsel
28     of record, the Acting United States Attorney for the Central District
     Case 2:20-cr-00579-SVW Document 1055 Filed 10/18/21 Page 2 of 20 Page ID #:17485



1      of California, Assistant United States Attorneys Scott Paetty,

2      Catherine Ahn, and Brian Faerstein, and Department of Justice Trial

3      Attorney Christopher Fenton, hereby files its sentencing position

4      regarding defendant Manuk Grigoryan.

5            The government’s sentencing position is based upon the attached
6      memorandum of points and authorities, the presentence investigation

7      report, the files and records in this case, and any other evidence or

8      argument that the Court may wish to consider at the time of

9      sentencing.
             The government reserves the right to file any supplemental
10
       sentencing position(s) that may be necessary.
11
        Dated: October 18, 2021             Respectfully submitted,
12
                                            TRACY L. WILKISON
13                                          Acting United States Attorney
14                                          SCOTT M. GARRINGER
                                            Assistant United States Attorney
15                                          Chief, Criminal Division
16                                                /s/
                                            SCOTT PAETTY
17                                          CATHERINE AHN
                                            BRIAN FAERSTEIN
18                                          Assistant United States Attorneys
                                            CHRISTOPHER FENTON
19                                          Department of Justice Trial Attorney
20                                          Attorneys for Plaintiff
                                            UNITED STATES OF AMERICA
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1                                    TABLE OF CONTENTS

2      TABLE OF CONTENTS...................................................i

3      TABLE OF AUTHORITIES...............................................ii

4      MEMORANDUM OF POINTS AND AUTHORITIES................................1

5      I.    INTRODUCTION...................................................1

6      II.   RELEVANT PROCEDURAL HISTORY....................................1

7      III. DEFENDANT’S OFFENSE CONDUCT....................................2

8      IV.   ADVISORY SENTENCING GUIDELINES CALCULATION.....................5

9      V.    SECTION 3553(a) FACTORS........................................6
10     VI.   GOVERNMENT’S SENTENCING RECOMMENDATION.........................7

11           A.   Term of Custody...........................................7

12                1.    Nature and Circumstances of the Offense and
                        History and Characteristics of the Defendant (18
13                      U.S.C. § 3553(a)(1)).................................7

14                2.    Seriousness of the Offense, Respect for the Law,
                        and Just Punishment (18 U.S.C. § 3553(a)(2)(A)).....10
15
                  3.    Affording Adequate Deterrence and Protecting the
16                      Public from Further Crimes of the Defendant (18
                        U.S.C. § 3553(a)(2)(B) and (C)).....................12
17
             B.   Supervised Release.......................................13
18
             C.   Restitution, Fine, and Mandatory Special Assessment......14
19
       VII. CONCLUSION....................................................14
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     Case 2:20-cr-00579-SVW Document 1055 Filed 10/18/21 Page 4 of 20 Page ID #:17487



1                                  TABLE OF AUTHORITIES

2      CASES

3      Gall v. United States, 552 U.S. 38 (2007)...........................6

4      Molina-Martinez v. United States, 136 S.Ct. 1338 (2016).............6

5      United States v. Carty, 520 F.3d 984 (9th Cir. 2008)................6

6      United States v. Rita, 551 U.S. 338 (2007)..........................7

7      STATUTES

8      18 U.S.C. § 1028A(a)(1).............................................2

9      18 U.S.C. § 1344(2).................................................2
10     18 U.S.C. § 3553(a)............................................passim
11     OTHER AUTHORITIES

12     U.S.S.G. § 2B1.1(a)(1)..............................................6

13     U.S.S.G. § 2B1.1(b)(1)(I)...........................................6

14     U.S.S.G. § 2B1.1(b)(10)(C)..........................................6

15     U.S.S.G. § 2B1.6....................................................6

16     U.S.S.G. § 2S1.1(a)(2)..............................................6

17     U.S.S.G. § 3E1.1(a), (b)............................................6

18     U.S.S.G. § 5D1.3(b)................................................14

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1                         MEMORANDUM OF POINTS AND AUTHORITIES

2      I.    INTRODUCTION

3            The government respectfully submits this sentencing memorandum

4      to advise the Court of its sentencing position regarding defendant

5      Manuk Grigoryan (“defendant”), who has pleaded guilty to bank fraud

6      and aggravated identity theft in connection with his role as part of

7      a massive fraud to profit from a national catastrophe at the expense

8      of his fellow citizens.      Consistent with the parties’ plea agreement,

9      the government agrees with the United States Probation and Pretrial
10     Services Office’s (the “USPO”) calculation of the advisory Guidelines
11     range and submits that a sentence within that range is appropriate in
12     light of the sentencing factors under 18 U.S.C. § 3553(a).           The
13     government also agrees with the USPO’s recommendation of four years
14     of supervised release, but recommends an additional condition
15     reasonably related to defendant’s underlying offense conduct.            The
16     government takes no position on the imposition of a fine, but, for
17     the reasons explained in the government’s response to the presentence
18     investigation report (“PSR”) and additional information discussed

19     herein, the government submits that defendant should be ordered to

20     pay restitution in the amount of $2,684,798, not $2,602,798.

21     II.   RELEVANT PROCEDURAL HISTORY

22           On March 11, 2021, a grand jury returned a first superseding

23     indictment against defendant and seven codefendants, charging

24     defendant with conspiracy to commit wire fraud and bank fraud,

25     multiple counts of wire fraud and bank fraud, aggravated identity

26     theft, and conspiracy to commit money laundering.          (ECF 154.)    On

27     June 7, 2021, pursuant to a plea agreement with the government,

28     defendant pleaded guilty to one count of bank fraud (Count 19), in
     Case 2:20-cr-00579-SVW Document 1055 Filed 10/18/21 Page 6 of 20 Page ID #:17489



1      violation of 18 U.S.C. § 1344(2), and one count of aggravated

2      identity theft (Count 23), in violation of 18 U.S.C. § 1028A(a)(1).

3      (ECF 436, 454.)

4            On September 20, 2021, the USPO filed its PSR in which it

5      calculated a total offense level of 22 (with respect to Count 19, the

6      bank fraud offense) and a Criminal History Category I, resulting in

7      an advisory Guidelines range of 41 to 51 months’ imprisonment for

8      Count 19.    (ECF 974.)   Taking into account the 24-month mandatory

9      consecutive sentence for Count 23, the USPO thus calculated the
10     effective advisory Guideline range as 65 to 75 months’ imprisonment.
11     The USPO recommends that defendant be sentenced to a term of 65
12     months in prison, four years of supervised release, no fine,
13     restitution of $2,602,798, and a $200 mandatory special assessment.
14     (ECF 973.)
15           The government agrees with the USPO’s offense level and criminal
16     history calculations and the resulting effective advisory Guidelines
17     range of 65 to 75 months’ imprisonment (which includes the mandatory
18     consecutive 24 months).      For the reasons described below, the

19     government believes that a custodial sentence within this range is

20     appropriate and that a variance below the Guidelines (as defendant

21     requests) is not warranted in this case. 1       The government also

22     addresses the other components of defendant’s sentence below.

23     III. DEFENDANT’S OFFENSE CONDUCT

24           Defendant was actively involved in numerous aspects of his and

25     his codefendants’ fraudulent scheme to submit fraudulent Paycheck

26

27           1Consistent with its obligations under the parties’ plea
       agreement, the government does not make a recommendation as to the
28     appropriate point within the applicable advisory Guidelines range.
                                          2
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1      Protection Program (“PPP”) and Economic Injury Disaster Loan (“EIDL”)

2      program loan applications from March 2020 through August 2020.            (PSR

3      ¶ 31.)

4            Defendant used or was associated with multiple synthetic or

5      stolen individual identities that were central to the fraudulent

6      scheme.   For example, defendant used the synthetic identity “Anton

7      Kudiumov” to submit seven separate PPP and EIDL loan applications on

8      behalf of four separate fictitious businesses or businesses defendant

9      knew not to have actual operations.         (Id. ¶ 37.)   For three of those
10     supposed business entities (“Fadehaus Barbershop,” “Redline Auto

11     Mechanics,” and “TM Events Inc.”), defendant submitted or caused to

12     be submitted both a fraudulent PPP loan application to an

13     institutional lender and a fraudulent EIDL loan application to the

14     United States Small Business Administration (SBA), doubling down on

15     the fraud.    (Id.)

16           Defendant used other synthetic or misappropriated identities in

17     furtherance of the fraudulent scheme.         Defendant knowingly used the

18     synthetic identity “Viktoria Kauichko,” among other things adding

19     this name to the lease of an apartment he rented on Canoga Avenue in

20     Woodland Hills in order to aid in the submission of additional

21     fraudulent loan applications that used this fraudulent applicant name

22     and purported address.      (Id. ¶ 32.)     At codefendant Richard

23     Ayvazyan’s direction, defendant collected mail at the Canoga Avenue

24     apartment that was addressed to “Viktoria Kauickho” and other

25     purported names identified as business owners in connection with

26     fraudulent PPP/EIDL loan applications.         (Id. ¶ 32.)   The Kauichko

27     identity was used in six fraudulent PPP or EIDL loan applications,

28
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1      including four separate loan applications submitted on behalf of the

2      purported company “Fiber One Media, Inc.”         (Id. ¶ 37.)

3             Defendant also used the name “Anna Manukyan” to submit five

4      additional PPP or EIDL applications on behalf of three separate

5      purported businesses (“Manukyan Construction,” “Apex Health and

6      Safety Consultants,” and “Greenshop Hydro Inc.”).          (Id.)   And

7      defendant went so far as to use his father’s name, Artashes

8      Grigoryan, to submit two additional fraudulent PPP and EIDL loan

9      applications for the business G&A Diamonds, lying about the number of
10     employees the business had (it had none) and the intention to use the
11     loan proceeds for business purposes (they were not).          (Id. ¶¶ 34, 37,
12     71.)

13            In connection with the fraudulent PPP and EIDL loan applications

14     he submitted, defendant used and submitted numerous fraudulent

15     materials to further the scheme.       For example, as part of a PPP

16     application on behalf of the fictitious company “Redline Auto

17     Mechanics” for $276,600 (the basis for Count 19 to which defendant

18     pleaded guilty), 2 defendant submitted a copy of a fraudulent

19     California’s driver’s license in the name of the synthetic identity

20     “Anton Kudiumov” and the address of the Canoga Avenue apartment.

21     (Id. ¶ 35.)    Defendant also submitted a fake payroll report in

22     support of this loan application, using a form that fraudulently

23     purported to have been prepared by payroll service provider Gusto.

24

25            2
              According to defendant, he has been employed by Redline Auto
       Collision (as distinguished from Redline Auto Mechanics) in Sun
26     Valley, California since 2018. (PSR ¶ 93.) Redline Auto Collision
       is or was operated by codefendant Edvard Paronyan (id.), and was used
27     by defendant Paronyan to submit two separate fraudulent PPP and EIDL
       loan applications (see ECF 469 (Defendant Paronyan Plea Agreement)
28     ¶ 11).
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1      (Id.)        Defendant further submitted a fake Internal Revenue Service

2      Form 940, which falsely listed an annual payroll amount for Redline

3      Auto Mechanics, a fictitious company with no actual operations.

4      (Id.)

5               In order to seek to further lend the appearance of legitimacy to

6      this fake tax document, the Form 940 listed an actual tax preparer,

7      victim A.F., as the preparer of the form, when in fact A.F. had no

8      idea his/her name and identifying information were being used.            (Id.)

9      Defendant knew A.F. was a real person and that defendant did not have
10     authority to use A.F.’s name.        (Id.)   Defendant’s knowing possession,
11     use, and transfer of A.F.’s name without lawful authority in

12     connection with the Redline Auto Mechanics fraudulent PPP loan

13     submission (i.e., aggravated identity theft) forms the basis for the

14     24-month mandatory consecutive custodial sentence defendant faces in

15     this case.        (Id.)

16              In all, as part of the same course of conduct and common scheme

17     and plan as defendant’s offenses of conviction, defendant submitted,

18     caused to be submitted, or was otherwise associated with twenty

19     fraudulent PPP/EIDL loan applications.        (Id. ¶ 37.)    These loan

20     applications collectively sought $3,405,282 in fraudulent proceeds

21     and caused the actual loss of $2,684,798 to victim lenders and the

22     SBA. 3       (Id.; see also Appendix A.)

23     IV.      ADVISORY SENTENCING GUIDELINES CALCULATION

24              Applying the November 1, 2018 Sentencing Guidelines, and taking

25     into account relevant conduct, the USPO calculated defendant’s total

26
              For the reasons explained in section VI.C herein, the intended
                3
27     loss amount in the PSR should be corrected from $3,398,282 to
       $3,405,282, and the actual loss amount should be corrected from
28     $2,602,798 to $2,684,798.
                                          5
 Case 2:20-cr-00579-SVW Document 1055 Filed 10/18/21 Page 10 of 20 Page ID #:17493



1    offense level for Count 19 (bank fraud) as 22 based on the following

2    calculations:   base offense level of 7 under U.S.S.G. § 2B1.1(a)(1);

3    16 additional levels for an intended loss of $3,405,282 (greater than

4    $1,500,000 but less than $3,500,000) under U.S.S.G. § 2B1.1(b)(1)(I);

5    2 additional levels for the offense conduct involving sophisticated

6    means under U.S.S.G. § 2B1.1(b)(10)(C); and a 3-level reduction for

7    acceptance of responsibility under U.S.S.G. §§ 3E1.1(a) and (b).

8    (PSR ¶¶ 45-58.)   With respect to Count 23 (aggravated identity

9    theft), the USPO found that the mandatory consecutive 24-month
10   sentence applies by application of statute under U.S.S.G. § 2B1.6.
11   In addition, the USPO determined that defendant has zero criminal
12   history points, resulting in a Criminal History Category I.          (See id.
13   ¶¶ 61-65.)    With a total offense level of 22 (for Count 19) and a

14   Criminal History Category I, the resulting advisory Guidelines range

15   is 41 to 51 months’ imprisonment for the bank fraud offense.

16   Accounting for the mandatory consecutive 24-month sentence for the

17   aggravated identity theft offense (Count 23), the effective advisory

18   Guidelines range is 65 to 75 months’ imprisonment.

19   V.   SECTION 3553(a) FACTORS

20        The Court should impose a sentence sufficient, but not greater

21   than necessary, to reflect the purposes of sentencing identified in

22   18 U.S.C. § 3553(a).    United States v. Carty, 520 F.3d 984, 991 (9th

23   Cir. 2008).   The advisory Guidelines range provides the “starting

24   point and . . . initial benchmark” for this Court’s consideration of

25   an appropriate sentence.    Molina-Martinez v. United States, 136 S.Ct.

26   1338, 1345 (2016) (quoting Gall v. United States, 552 U.S. 38, 49

27   (2007)).   Although the Guidelines are not binding, they “reflect a

28
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 Case 2:20-cr-00579-SVW Document 1055 Filed 10/18/21 Page 11 of 20 Page ID #:17494



1    rough approximation of sentences that might achieve section 3553(a)’s

2    objectives.”    United States v. Rita, 551 U.S. 338, 350 (2007).

3          Under 18 U.S.C. § 3553(a), in arriving at the appropriate

4    sentence, the Court should consider, among other factors, the nature

5    and circumstances of the offense and the history and characteristics

6    of the defendant, § 3553(a)(1); the need for the sentence imposed to

7    reflect the seriousness of the offense, to promote respect for the

8    law, and to provide just punishment for the offense, § 3553(a)(2)(A);

9    the need for the sentence imposed to afford adequate deterrence to
10   criminal conduct, § 3553(a)(2)(B); the need for the sentence imposed
11   to protect the public from further crimes of the defendant,
12   § 3553(a)(2)(C); and the need to avoid unwarranted sentence
13   disparities, § 3553(a)(6).
14   VI.   GOVERNMENT’S SENTENCING RECOMMENDATION
15         A.   Term of Custody
16         In light of the relevant 18 U.S.C. § 3553(a) factors, a sentence
17   within the advisory Guidelines range of 65 to 75 months’ imprisonment
18   is sufficient, but not greater than necessary, to achieve the goals

19   of sentencing in this case.

20              1.    Nature and Circumstances of the Offense and History
                      and Characteristics of the Defendant (18 U.S.C.
21                    § 3553(a)(1))

22         Defendant’s involvement in the fraudulent scheme to submit

23   fraudulent PPP and EIDL loan applications was integral and extensive.

24   Defendant used or facilitated the use of multiple identities,

25   including the synthetic identities “Anton Kudiumov” and “Viktoria

26   Kauichko,” in the submission of twenty fraudulent PPP and EIDL loan

27   applications.    The applications were in the names of a variety of

28
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1    purported businesses, many of which were fictitious or did not have

2    actual operations as reflected in the fraudulent applications.           The

3    same purported businesses were used multiple times to submit

4    fraudulent applications, both to institutional lenders and the SBA.

5         Defendant leased the Canoga Avenue apartment that was used as

6    the supposed associated address for purported applicants for a number

7    of these fraudulent loan applications.       Defendant coordinated with

8    codefendant Richard Ayvazyan in controlling the Canoga Avenue

9    apartment for this illicit purpose.       Defendant’s leasing and control
10   of the Canoga Avenue apartment further enabled the overall fraudulent
11   scheme.    By adding the Kauichko synthetic identity to the lease,
12   defendant provided fuel to the fiction that Kauichko was a real
13   person that could legitimately apply for PPP/EIDL loans, in the same
14   vein that defendant used the Canoga Avenue apartment as the purported
15   address of “Anton Kudiumov” for loan applications submitted in the
16   name of that synthetic identity.
17        In addition to the fraudulent loan applications themselves,
18   defendant submitted or caused the submission of the three chief types

19   of fraudulent documents used to paper and perpetrate the scheme: fake

20   driver’s licenses, fake IRS tax forms, and fake Gusto payroll

21   reports.   Defendant used all three of these fraudulent devices in the

22   Redline Auto Mechanics PPP application, making it more difficult for

23   the lender to detect the fraud.      Defendant used the stolen identity

24   of one victim (tax preparer A.F.) to lend further credence to the

25   appearance of the fabricated IRS tax form in this application.

26        Defendant’s history and characteristics do not mitigate the

27   deliberate and calculated nature of his involvement in the fraudulent

28
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 Case 2:20-cr-00579-SVW Document 1055 Filed 10/18/21 Page 13 of 20 Page ID #:17496



1    scheme to warrant a variance below the advisory Guidelines range,

2    which defendant seeks in this case. 4     By all accounts from the PSR,

3    defendant appears to have had a stable and supportive upbringing,

4    both prior to emigrating to the United States and since arriving here

5    and being naturalized as a citizen in 2012.        While defendant provided

6    background information to the USPO about certain substance abuse

7    issues, 5 any such issues do not excuse nor explain defendant’s

8    engaging in a sophisticated and elaborate fraudulent scheme over the

9    course of approximately five months.      Defendant’s involvement in the
10   scheme was intentional and prolonged and not on account of a
11   momentary lapse of judgment.     Moreover, defendant’s lack of prior
12   criminal convictions is reflected in his Criminal History Category I
13   and the resulting advisory Guidelines range. 6
14        In sum, the nature and circumstances of defendant’s offenses of

15   conviction and relevant conduct typified the hallmarks of the fraud

16   at the heart of the PPP/EIDL scheme and the coordination that was

17   necessary to execute the extensive and sophisticated scheme.

18   Defendant’s history and characteristics do not warrant a sentence

19   below the advisory Guidelines range.

20

21

22

23
          4 Defendant seeks a custodial sentence of 40 months in prison.
24   (See ECF 1054.)
          5 These issues are reflected in the publicly-filed modification
25   of the conditions of defendant’s pretrial release as well as
     defendant’s sentencing position. (See ECF 873, 1054.)
26
          6 Defendant had two prior state arrests in 2016 (including one
27   for identity theft) that were not prosecuted for lack of sufficient
     evidence. Defendant also has a pending state court case for identity
28   theft and possession of a controlled substance. (PSR ¶¶ 67-69.)
                                        9
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1               2.   Seriousness of the Offense, Respect for the Law, and
                     Just Punishment (18 U.S.C. § 3553(a)(2)(A))
2

3         A custodial sentence within the advisory Guidelines range is

4    also needed in this case to reflect the seriousness of the offense,

5    promote respect for the law, and provide just punishment for the

6    offense.

7         As described further in sections III and VI.A.1 above, the scope

8    and execution of defendant’s offenses of conviction and relevant

9    conduct make plain the seriousness of the offense.         The context in
10   which the fraudulent scheme was carried out only underscores the
11   gravity of the offenses.    Defendant and his co-schemers sought
12   critical COVID-19 disaster relief funds as the pandemic paralyzed the
13   economy in the spring and summer of 2020.       While businesses and their
14   employees were trying to make ends meet, defendant turned his
15   attention to exploiting the national emergency.        The use of multiple
16   synthetic or misappropriated identities, sham business entities, and
17   fraudulent back-up documentation sought to deceive institutional
18   lenders and the SBA as they worked to meet the vital needs of

19   legitimate businesses.    Defendant’s and his co-schemers’ conduct was

20   as brazen as it was callous, causing the submission of multiple

21   fraudulent loan applications in the names of the same purported

22   companies to the victim lenders and SBA.       The intricacies and

23   coordination of the scheme which defendant and his codefendants

24   carried out against the backdrop of an unprecedented public health

25   and economic crisis reflect a significant lack of respect for the law

26   and the need for just punishment in this case.

27

28
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 Case 2:20-cr-00579-SVW Document 1055 Filed 10/18/21 Page 15 of 20 Page ID #:17498



1         Based on the fraudulent conduct for which the parties agree

2    defendant should be held accountable, defendant and his codefendants

3    caused the submission of 20 fraudulent loan applications seeking

4    $3,405,282 in fraudulent loan proceeds.       The corresponding 16

5    additional levels under the loss table and the 2 additional levels

6    for sophisticated means appropriately capture the nature and scope of

7    defendant’s fraudulent conduct.      See U.S.S.G. § 2B1.1 cmt. backgr.

8    (“[O]rdinarily, the sentences of defendants convicted of federal

9    offenses should reflect the nature and magnitude of the loss caused
10   or intended by their crimes.     Accordingly, along with other relevant
11   factors under the guidelines, loss serves as a measure of the
12   seriousness of the offense and the defendant’s relative culpability
13   and is a principal factor in determining the offense level under this
14   guideline.”)   The reduction of three levels for defendant’s
15   acceptance of responsibility also adequately accounts for defendant’s
16   willingness to be held responsible for his conduct.         And the
17   inclusion of the 24-month mandatory term of imprisonment in the
18   effective Guidelines range based on defendant’s aggravated identity

19   theft conviction appropriately accounts for the seriousness of that

20   offense.

21        The resulting advisory Guidelines range of 65 to 75 months’

22   imprisonment is the proper measure of the seriousness of defendant’s

23   offense conduct, and a sentence within that range is sufficient, but

24   not greater than necessary to strike the right balance of achieving

25   the goals of sentencing in this case.

26

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1               3.    Affording Adequate Deterrence and Protecting the
                      Public from Further Crimes of the Defendant (18 U.S.C.
2                     § 3553(a)(2)(B) and (C))

3         A Guidelines sentence in this case would also serve as an

4    effective deterrent, both as to defendant and others in society more

5    broadly.

6         With respect to specific deterrence, defendant acted with

7    volition and intent in engaging in the fraudulent scheme over the

8    course of a number of months and at the height of the pandemic, with

9    the backdrop of the unfolding economic disaster.        The fraudulent
10   scheme was sophisticated and designed to deceive numerous victims,
11   including the federal government, and to evade law enforcement
12   detection.   Defendant needs to be deterred from engaging in the same
13   criminal calculus after he serves a term of custody in this case.
14        The government also notes several additional factors for the

15   Court’s consideration.    While defendant has been on pretrial release

16   in this case, the USPO has filed two Pretrial Violation Reports.           The

17   first alleged that defendant had not disclosed certain information to

18   Pretrial Services following his arrest that he later provided to the

19   USPO, ultimately leading to additional conditions of pretrial

20   release.   (See ECF 871, 873.)    The second alleged separate issues

21   relating to a trip defendant took in or around August 2021, with a

22   recommendation to the Court that no action be taken at that time.

23   (See ECF 962.)   To the extent these issues reflect on defendant’s

24   appreciation of the magnitude of the instant proceedings and his

25   underlying criminal conduct, a Guidelines sentence is necessary to

26   impress upon defendant the consequences of his choices.

27

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 Case 2:20-cr-00579-SVW Document 1055 Filed 10/18/21 Page 17 of 20 Page ID #:17500



1         The sentence here should also deter others from similarly

2    exploiting the ongoing pandemic or a future national economic crisis

3    where federally-backed resources are made available for those who

4    need them most.   Similar to the need to promote respect for the law,

5    a sentence within the Guidelines range in a case such as this will

6    signal to other potential wrongdoers that they will be held

7    accountable for taking advantage of national emergencies.

8         With these factors in mind, the government respectfully submits

9    that defendant should receive a custodial sentence within the
10   advisory Guidelines range and not receive a variance below the
11   Guidelines.   Such a custodial sentence is sufficient, but not greater
12   than necessary, to achieve the goals of sentencing in this case.
13        B.   Supervised Release
14        The government concurs with the USPO’s recommended term of four
15   years of supervised release following defendant’s release from
16   prison.   The government recommends one additional special condition
17   of supervised release in light of defendant’s underlying financial
18   crimes and fraudulent conduct.     Specifically, the government

19   recommends that defendant shall be prohibited from engaging in any

20   financial transaction in an amount of $10,000 or greater unless he

21   obtains prior approval from the USPO.       This condition was imposed as

22   one of defendant’s pretrial release conditions in this case (ECF

23   191), and, in light of the alleged conduct described in the Pretrial

24   Violation Report filed with the Court on September 13, 2021 (ECF

25   962), the government believes this condition should be reimposed when

26   defendant commences supervised release following incarceration.           This

27   condition is aimed at protecting the public from further financial

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 Case 2:20-cr-00579-SVW Document 1055 Filed 10/18/21 Page 18 of 20 Page ID #:17501



1    crimes of defendant, which is reasonably related to the sentencing

2    factors described more fully above.      U.S.S.G. § 5D1.3(b).

3         C.   Restitution, Fine, and Mandatory Special Assessment

4         The government explained in its response to the PSR that the

5    actual loss amount calculated in the PSR undercounted restitution by

6    a net $75,000, omitting $79,000 in EIDL advance payments disbursed by

7    the SBA and overcounting one fraudulent EIDL loan by $4,000.          (See

8    ECF 1036 at 2-4, 9.)    In its further review of the underlying loan

9    documentation, the government has identified one additional EIDL
10   advance payment that was undercounted by $2,000 (for the Redline Auto
11   Mechanics EIDL loan) and a $5,000 EIDL advance payment that was
12   omitted (for the G&A Diamonds EIDL loan).       The government has updated
13   the loan chart to account for these omissions and attached it to this
14   memorandum as Appendix A. 7   Accounting for this additional $82,000,

15   the government submits that the restitution amount owed in this case

16   as to defendant should be calculated as $2,684,798, not $2,602,798. 8

17        The government takes no position on the imposition of a fine,

18   including the USPO’s recommendation that the Court waive a fine in

19   this case.

20        Finally, the government concurs with the USPO’s recommendation

21   that defendant pay the $200 mandatory special assessment.

22   VII. CONCLUSION

23        For the reasons set forth above, the government respectfully

24   requests that defendant be sentenced as follows: (1) a custodial

25
          7 The government provided a copy of the updated loan and loss
26   chart to defendant and the USPO.
27        8 For the same reasons, the amount of restitution to be ordered
     as payable to the SBA should be adjusted to $1,480,000 instead of
28   $1,398,000.
                                       14
 Case 2:20-cr-00579-SVW Document 1055 Filed 10/18/21 Page 19 of 20 Page ID #:17502



1    sentence within the effective advisory Guidelines range of 65 to 75

2    months’ imprisonment; (2) a four-year period of supervised release to

3    follow; (3) restitution of $2,684,798; (4) a fine, if any, to be

4    determined by the Court; and (5) a mandatory special assessment of

5    $200.

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 Case 2:20-cr-00579-SVW Document 1055 Filed 10/18/21 Page 20 of 20 Page ID #:17503



1                                     APPENDIX A

2
     Company          Applicant      Amount     Lender        Status      Advance
3    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 $9,000
     Mechanics        Kudiumov
7
     Redline Auto     Anton
                                     $276,600 Celtic Bank     Disbursed
8    Mechanics Inc.   Kudiumov
                      Anton
     TM Events Inc.                  $276,600 Newtek          Disbursed
9                     Kudiumov
                      Anton
     TM Events Inc.                  $150,000 SBA             Disbursed $7,000
10                    Kudiumov
     Manukyan         Anna                      Cross River
                                     $131,195                 Disbursed
11   Construction     Manukyan                  Bank
     Manukyan         Anna
12                                   $131,195 Celtic Bank     Cancelled
     Construction     Manukyan
                      Artashes
13   G&A Diamonds                    $145,000 SBA             Disbursed $5,000
                      Grigoryan
                      Artashes                  Cross River
14   G&A Diamonds                    $113,750                 Disbursed
                      Grigoryan                 Bank
15   Apex Health
                      Anna
     and Safety                      $150,000 SBA             Disbursed $10,000
                      Manukyan
16   Consultants
     Greenshop        Anna
                                     $150,000 SBA             Disbursed $10,000
17   Hydro Inc        Manukyan
     Manukyan         Anna
                                     $150,000 SBA             Disbursed $10,000
18   Construction     Manukyan
     Runyan Tax       Viktoria                  Seattle
19                                   $276,653                 Disbursed
     Service, Inc     Kauichko                  Bank
     Journeymen       Viktoria
20                                   $150,000 SBA             Disbursed $8,000
     Construction     Kauichko
     Fiber One        Viktoria
21                                   $150,000 SBA             Disbursed $10,000
     Media, Inc.      Kauichko
22   Fiber One        Viktoria
                                     $276,652 WebBank         Cancelled
     Media, Inc.      Kauichko
23   Fiber One        Viktoria
                                     $130,000 Celtic Bank     Cancelled
     Media, Inc.      Kauichko
24   Fiber One        Viktoria
                                     $130,000
                                                Ready
                                                              Disbursed
     Media, Inc.      Kauichko                  Capital
25

26

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