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Government's Sentencing Position for Defendant Tamara Dadyan (Document 1135)

Summary

Government's Sentencing Position for Defendant Tamara Dadyan in United States v. Tamara Dadyan, No. CR 20-579-SVW-4, filed November 8, 2021 as Document 1135, with sentencing listed for November 15, 2021. The government says she pleaded guilty to conspiracy to commit wire fraud and bank fraud, conspiracy to commit money laundering and aggravated identity theft, and calls her one of the ringleaders of a fraud on COVID-19 disaster relief loans. It puts the advisory range at 259 to 317 months at total offense level 38 and recommends 259 months, five years of supervised release, restitution of $17,723,141.26, forfeiture and a $300 special assessment.

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“Government's Sentencing Position for Defendant Tamara Dadyan (Document 1135).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-c-d-cal-no-2-20-cr-00579-dkt-1135-c-d-cal-937292a887/, SHA-256 9dfe41c3ad17d0bd7c0292c122691d68a8aab8057b0c4ec87056ce3e9ab50450.

Full text

     Case 2:20-cr-00579-SVW Document 1135 Filed 11/08/21 Page 1 of 26 Page ID #:18469



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 20-579-SVW-4

21                Plaintiff,                 GOVERNMENT’S SENTENCING POSITION FOR
                                             DEFENDANT TAMARA DADYAN
22                      v.
                                             Date:         November 15, 2021
23     TAMARA DADYAN,                        Time:         11:00 a.m.
                                             Location:     Courtroom of the Hon.
24                Defendant.                                 Stephen V. Wilson

25
             Plaintiff United States of America, by and through its counsel
26
       of record, the Acting United States Attorney for the Central District
27
       of California, Assistant United States Attorneys Scott Paetty,
28
     Case 2:20-cr-00579-SVW Document 1135 Filed 11/08/21 Page 2 of 26 Page ID #:18470



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

2      Attorney Christopher Fenton, hereby files its sentencing position

3      regarding defendant Tamara Dadyan.

4            The government’s sentencing position is based upon the attached
5      memorandum of points and authorities, declaration of Christopher

6      Fenton and accompanying exhibits, the revised presentence

7      investigation report, the files and records in this case, and any

8      other evidence or argument that the Court may wish to consider at the
       time of sentencing.
9
             The government reserves the right to file any supplemental
10
       sentencing positions that may be necessary.
11
        Dated: November 8, 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
21

22

23

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1                                    TABLE OF CONTENTS

2      Contents

3      TABLE OF CONTENTS...................................................i

4      TABLE OF AUTHORITIES...............................................ii

5      MEMORANDUM OF POINTS AND AUTHORITIES................................1

6      I.    INTRODUCTION...................................................1

7      II.   RELEVANT PROCEDURAL HISTORY....................................3

8      III. DEFENDANT’S OFFENSE CONDUCT....................................5

9      IV.   ADVISORY SENTENCING GUIDELINES CALCULATION.....................8
10           A.   A Three-Level Aggravated Role Adjustment Should Apply.....9

11           B.   A Two-Level Vulnerable Victim Adjustment Should Apply....11

12           C.   A Two-level Enhancement in Accordance with U.S.S.G. §
                  2B1.1(b)(11) Should Apply................................13
13
       V.    SECTION 3553(a) FACTORS.......................................14
14
       VI.   GOVERNMENT’S SENTENCING RECOMMENDATION........................15
15
             A.   Term of Custody..........................................15
16
                  1.    Nature and Circumstances of the Offense and
17                      History and Characteristics of the Defendant (18
                        U.S.C. § 3553(a)(1))................................15
18
                  2.    Seriousness of the Offense, Respect for the Law,
19                      and Just Punishment (18 U.S.C. § 3553(a)(2)(A)).....18

20                3.    Affording Adequate Deterrence and Protecting the
                        Public from Further Crimes of the Defendant (18
21                      U.S.C. § 3553(a)(2)(B) and (C)).....................19

22           B.   Supervised Release, Fine, Restitution, Forfeiture, and
                  Mandatory Special Assessment.............................21
23
       VII. CONCLUSION....................................................22
24

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1                                  TABLE OF AUTHORITIES

2      CASES

3      Gall v. United States, 552 U.S. 38 (2007)..........................14

4      Molina-Martinez v. United States, 136 S.Ct. 1338` (2016)...........14

5      United States v. Carty, 520 F.3d 984 (9th Cir. 2008)...............14

6      United States v. Cuellar, 165 F.3d 918 (9th Cir. 1998)
            (unpublished).................................................13
7
       United States v. Dadyan, et al., 20-mj-5321 (filed Nov. 3, 2020)....3
8
       United States v. Maciel-Alcala, 612 F.3d 1092 (9th Cir. 2010)......13
9
       United States v. Ovsepian, 739 Fed. Appx. 448 (9th Cir. October
10          5, 2018)......................................................14

11     United States v. Rita, 551 U.S. 338 (2007).........................14

12     STATUTES

13     18 U.S.C. § 1956....................................................4

14     18 U.S.C. § 3553(a)............................................14, 15

15     OTHER AUTHORITIES

16     U.S.S.G. § 2B1.1...............................................passim

17     U.S.S.G. § 2S1.1.................................................4, 8

18     U.S.S.G. § 3B1.1.................................................2, 9

19

20

21

22

23

24

25

26

27

28
                                              ii
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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      Tamara Dadyan (“defendant”), who has pleaded guilty to conspiracy to

6      commit wire fraud and bank fraud (Count 1), conspiracy to commit

7      money laundering (Count 26), and aggravated identity theft (Count

8      24).

9             Defendant was one of the ringleaders of a horrendous fraud.          She
10     and her co-conspirators used dozens of fake, stolen, and synthetic
11     identities to steal and launder millions of dollars in COVID-19
12     disaster relief loan funds.      The identities she misappropriated
13     included dead people and elderly local business owners who were semi-
14     retired.    The millions she stole were intended for small businesses
15     and working families who desperately needed the money to survive as
16     the pandemic paralyzed the economy.
17            Defendant’s crimes were shockingly callous.        She knew the
18     disaster relief funds she was stealing were finite.          She planned to

19     take as much as she could before the U.S. economy crashed and the

20     federal government ran out of money.        She laughed about the harmful

21     impact her fraud had on the federal government and its disaster

22     relief efforts, including about possibly bankrupting the United

23     States.     And she mocked her victims using words like “idiot” and

24     “fool”. 1

25
       1 See, e.g., GEX 10 at 4 (“They r never gonna have enough money
26     America needs to file bk”); GEX 10 at 7-8 (“Yah man we need to do the
       max we can now u understand market Gonna crash[.] And we can use the
27
       same names[.]”); GEX 10 at 13 (“No they kept hanging up I will wake
28     up early call[.] I was like on hold for ever bro[.] Kept calling back
                                               (footnote cont’d on next page)
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1            There are compelling reasons applicable to this defendant and

2      this case to impose a significant custodial sentence.           As discussed

3      in more detail below (and in the government’s response to defendant’s

4      Presentence Investigation Report (“PSR”) (ECF 1001)), the government

5      generally agrees with several aspects of the United States Probation

6      and Pretrial Services Office’s (“USPO”) calculation of the advisory

7      Guidelines range as to defendant, except that the government

8      respectfully submits that the advisory Guidelines calculation should

9      include: (1) a three-level aggravating role adjustment based on the
10     fact that she was a manager/supervisor of otherwise extensive
11     criminal activity in accordance with U.S.S.G. § 3B1.1(b); (2) a two-
12     level victim-related adjustment based on the fact that many of her
13     victims were vulnerable and could not protect themselves from
14     defendant’s crimes; and (3) a two-level enhancement in accordance
15     with U.S.S.G. § 2B1.1(b)(11).       The government therefore believes the
16     applicable guidelines range for defendant on Counts 1 and 26 is 235
17     to 293 months’ imprisonment, based on a total offense level of 38 and
18     Criminal History Category I.       A 24-month mandatory consecutive term

19     of imprisonment is also required on Count 24, resulting in an

20     effective advisory Guidelines range for all three counts of 259 to

21     317 months’ imprisonment.

22           For the reasons stated below, the government respectfully

23     recommends the Court sentence defendant to 259 months’ imprisonment,

24     consisting of a low-end sentence of 235 months on Counts 1 and 26 to

25
       today was disaster[.] Just like the loan they r giving lol[.]”); GEX
26     10 at 16 (“But listen this idiot lenders like liberty they don’t know
27     about the extension yet.”); GEX 10 at 9 (“Let’s go the fool is dead
       on armo land”); GEX at 1 (“Ok so Let’s do for all this idiots 10K is
28     10 k”).
                                         2
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1      be served concurrently, and 24 months on Count 24 to be served

2      consecutively to the terms imposed on Counts 1 and 26, for a total

3      custodial sentence of 259 months in prison.         The government further

4      recommends five years of supervised release, restitution in the

5      amount of $17,723,141.26, forfeiture consistent with the Court’s

6      previous preliminary orders of forfeiture as to defendant (ECF 872,

7      876-878), and a special assessment of $300.

8      II.   RELEVANT PROCEDURAL HISTORY

9            On November 5, 2020, defendant was arrested based on a complaint
10     alleging her participation in a massive conspiracy to fraudulently
11     obtain millions of dollars in COVID-19 disaster relief loan funds.
12     (See United States v. Dadyan, et al., 20-mj-5321 (filed Nov. 3,
13     2020), ECF 1.)    On November 17, 2020, a grand jury returned an

14     indictment against defendant and three co-defendants, alleging one

15     count of conspiracy to commit wire fraud and bank fraud, six counts

16     of wire fraud, and four counts of bank fraud.         (ECF 32.)    On March 9,

17     2021, a grand jury returned a first superseding indictment against

18     defendant and seven co-defendants, charging defendant with one count

19     of conspiracy to commit bank fraud and wire fraud, eleven counts of

20     wire fraud, eight counts of bank fraud, one count of conspiracy to

21     commit money laundering, one count of aggravated identity theft, and

22     one count of attempted bank fraud based on criminal conduct she

23     allegedly committed while on pretrial release.          (ECF 154.)

24           On June 14, 2021, pursuant to the plea agreement, defendant

25     pleaded guilty to one count of conspiracy to commit wire fraud and

26     bank fraud (Count 1), one count of conspiracy to commit money

27     laundering (Count 26), and one count of aggravated identity theft

28
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1      (Count 24).    (ECF 525.)    As part of the plea agreement, the parties

2      agreed to the following sentencing factors, which resulted in an

3      advisory Guidelines calculation totaling 31 (before acceptance of

4      responsibility): a base offense level of seven pursuant to USSG

5      §2B1.1(a)(1); a 20-level increase pursuant to USSG §2B1.1(b)(1)(K)

6      for losses greater than $9,500,000; a two-level increase for

7      sophisticated means pursuant to USSG §2B1.1(b)(10); and a two-level

8      increase for a conviction under 18 U.S.C. § 1956 pursuant to USSG

9      §2S1.1(b)(2)(B). (Id. ¶ 21.)       The parties, however, reserved their
10     rights to argue that additional specific offense characteristics,

11     adjustments, and departures under the Guidelines are appropriate.

12     (Id.)

13           On November 8, 2021, the USPO filed its revised PSR in which it

14     calculated a total offense level of 31 (with respect to Counts 1 and

15     26, the fraud conspiracy and money laundering conspiracy) and a

16     Criminal History Category I, resulting in an advisory Guidelines

17     range of 108 to 135 months’ imprisonment for Counts 1 and 26.            (ECF

18     1118.)   Taking into account the 24-month mandatory consecutive

19     sentence for Count 24, the USPO thus calculated the effective

20     advisory Guideline range as 132 to 159 months’ imprisonment.             The

21     USPO recommends that defendant be sentenced to a term of 132 months’

22     imprisonment (consisting of 108 months on Counts 1 and 26, followed

23     by the mandatory consecutive 24-months sentence on Count 24), five

24     years of supervised release, restitution of $17,723,141.26, and a

25     $300 mandatory special assessment.          (ECF 1117.)

26           The government addresses its objections to the PSR

27     (supplementing the objections it timely filed on September 27, 2021

28
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1      (ECF 1001)) and discusses the reasons for its recommended sentence in

2      Sections IV and V below. 2

3      III. DEFENDANT’S OFFENSE CONDUCT

4            The below summary of defendant’s offense conduct is based on

5      facts stated in the parties’ plea agreement (ECF 525) and the revised

6      PSR ¶¶ 24-44 (ECF 1118), and includes factual revisions as noted in

7      the government’s response to the PSR (ECF 1001 at 13-14). 3

8            Beginning in or about March 2020 through at least August 2020,

9      defendant agreed with her husband, co-defendant Artur Ayvazyan; her
10     brother-in-law, co-defendant Richard Ayvazyan; her sister-in-law, co-
11     defendant Marietta Terabelian; her cousin, co-defendant Vahe Dadyan,
12     and others to submit fraudulent applications for loans through the
13     Paycheck Protection Program (“PPP”) and the Economic Injury Disaster
14     Loan (“EIDL”) program to lenders, including numerous federally-
15     insured financial institutions and the United States Small Business
16     Administration (“SBA”).
17           Defendant and her co-conspirators used (or caused to be used)

18     dozens of stolen, fictitious, and synthetic identities of other

19     individuals in order to submit fraudulent applications for EIDL and

20     PPP loans and launder the funds (see, e.g., GEX 10, 13.b, 13.c, 13.d,

21     13.e, 13.f, 13.h, 24.a, 24.b, 24.d, 24.e, 57.a, 57.c, 57.d, 57.e,

22     57.f, 57.g, GEX 115, GEX 116).       The names used included dead people

23     (e.g., Nazar Terabelian, Olaf Landsgaard, Alak Mikaelian), elderly

24
            2 Defendant filed a motion to withdraw her guilty plea (ECF
25     998), which the government has opposed (ECF 1092). The hearing on
       defendant’s motion is currently scheduled for November 10, 2021, and
26     her sentencing is currently scheduled for November 15, 2021.
27          3 Facts taken from sources other than the plea agreement, the
       revised PSR, or ECF 1001 are noted in separate parenthetical
28     citations.
                                          5
 Case 2:20-cr-00579-SVW Document 1135 Filed 11/08/21 Page 10 of 26 Page ID #:18478



1    individuals who owned local businesses whose names were stolen (e.g.,

2    Jack Runyan, Mark Zindroski, Donald Sabala), foreign exchange

3    students who spent only months in the United States and then never

4    returned (e.g., Anna Dzukaeva, Viktoria Kauichko, Liudmyla Kopytova,

5    Anton Kudiumov, Iuliia Zhadko, Medet Murat), and dozens of other

6    synthetic or stolen individual identities and fictitious or

7    misappropriated business names (e.g., Roza Avakian, Hagop Bartoumian,

8    Mykhail Diuzhenko, Ara Haritunian, Armen Inijian, Diana Saakyan,

9    Leoncio Galver, Am & Am Financial Services, Continual Closings,
10   Escrow Doc Co., Fiber One Media, LK Design, MD Acquisition Services,
11   Meds Abrank, Montadrath, Mod Interiors Inc., New Acre Farm Produce
12   Inc., Runyan Tax Service Inc., Sabala Construction, Six Star Farms
13   Inc., Top Quality Contracting).      This was all in addition to
14   defendant’s use of her own name and names belonging to her family
15   members (e.g., Greta Akopyan, Artur Ayvazyzan, Arsen Dadyan, Vahe
16   Dadyan), as well as businesses that they actually owned (e.g., ABC

17   Realty Advisors Inc., ABC Legal Services and Management, Allstate

18   Towing and Transport LLC, Green Label Nutrienrs, Secureline Realty

19   and Funding Inc., Voyage Limo LLC, V&D Limo) to perpetrate the fraud.

20   (See generally ECF 1092-6 (a chart titled “Loans for Loss Calculation

21   – Artur Ayvazyan and Tamara Dadyan”, which was submitted to the USPO

22   in connection with its preparation of the PSR and produced to defense

23   counsel).)

24        Defendant was one of the architects of an assembly line used to

25   prepare and submit these fraudulent loans.       Her integral role is

26   exemplified by, among other things, the text messages sent from her

27   phone to co-defendant Richard Ayvazyan, which showed that she

28
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 Case 2:20-cr-00579-SVW Document 1135 Filed 11/08/21 Page 11 of 26 Page ID #:18479



1    explicitly discussed plans for the conspiracy with co-defendant

2    Richard Ayvazyan, including how to submit PPP and EIDL applications;

3    how to obtain Employer Identification Numbers (“EINs”) for

4    businesses; and how to create fake payroll reports.         Her role is

5    further illustrated by the evidence on her husband and co-defendant

6    Artur Ayvazyan’s phone, which she admitted was used to create false

7    and fictitious documentation to support fraudulent disaster relief

8    loan applications.

9         In addition, defendant admitted that the voluminous records and
10   items found at her residence, at which she lived with her husband and
11   co-defendant Artur Ayvazyan, included further evidence of her role in
12   the conspiracy including fake identification documents; fraudulently
13   obtained credit cards purporting to belong to fake, synthetic and
14   stolen identities including names used to apply for PPP and EIDL
15   loans; checks and checkbooks in the names of individuals and
16   businesses who applied for PPP and EIDL loans; copies of PPP and EIDL
17   loan applications including in her own name and the names of others;
18   and fake and stolen notary stamps and seals belonging to state and

19   federal courts.

20        The conspiracies were carried out using sophisticated means,

21   including the use of fictitious businesses, stolen and synthetic

22   identities, a network of bank accounts opened in the names of those

23   fraudulent identities and businesses, and the production of

24   fraudulent documents including false identity documents.          Defendant

25   used coordinated and repetitive steps to carry out and conceal the

26   scheme, including falsifying tax and payroll documents and using bank

27   accounts with deceptive names to conceal the nature, location,

28
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1    source, and ownership of PPP and EIDL loan proceeds.         Among other

2    things, defendant and her co-conspirators laundered the money by

3    purchasing luxury homes on behalf of members of the conspiracy.

4    IV.   ADVISORY SENTENCING GUIDELINES CALCULATION

5          Pursuant to the plea agreement, defendant pleaded guilty to one

6    count of conspiracy to commit wire fraud and bank fraud (Count 1),

7    one count of conspiracy to commit money laundering (Count 26), and

8    one count of aggravated identity theft (Count 24).         (ECF 525.)    As

9    part of the plea agreement, the parties agreed to the following
10   sentencing factors, which resulted in an advisory Guidelines

11   calculation totaling 29 (including the two-point reduction for

12   acceptance of responsibility):

13           •   a base offense level of 7 pursuant to USSG §2B1.1(a)(1);
14           •   a 20-level increase pursuant to USSG §2B1.1(b)(1)(K) for
15               losses greater than $9,500,000;

16           •   a two-level increase for sophisticated means pursuant to
17               USSG §2B1.1(b)(10); and

18           •   a two-level increase for a conviction under 18 U.S.C. §
19               1956 pursuant to USSG §2S1.1(b)(2)(B). (Id. ¶ 21.)

20   The parties reserved their rights to argue that additional specific

21   offense characteristics, adjustments, and departures under the

22   Guidelines are appropriate.     (Id.)

23         The revised PSR correctly applied a two-level enhancement

24   because the offenses involved more than 10 victims in accordance with

25   USSG §2B1.1(b)(2), for an advisory Guidelines calculation totaling 31

26   (including the two-point reduction for acceptance of responsibility).

27   (ECF 1118.)

28
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1         The government respectfully submits that the following

2    adjustments and enhancement should also apply: (1) a three-level

3    aggravating role adjustment based on the fact that defendant was a

4    manager/supervisor of otherwise extensive criminal activity in

5    accordance with U.S.S.G. § 3B1.1(b); (2) a two-level victim-related

6    adjustment based on the fact that many of defendant’s victims were

7    vulnerable and could not protect themselves from defendant’s crimes;

8    and (3) a two-level enhancement in accordance with U.S.S.G. §

9    2B1.1(b)(11).    (ECF 1001.)   The government therefore believes the
10   applicable guidelines range for defendant on Counts 1 and 26 is 235

11   to 293 months’ imprisonment, based on a total offense level of 38 and

12   Criminal History Category I.     A 24-month mandatory consecutive term

13   of imprisonment is also required on Count 24, resulting in an

14   effective advisory Guidelines range for all three counts of 259 to

15   317 months’ imprisonment.

16        A.     A Three-Level Aggravated Role Adjustment Should Apply

17        The government respectfully submits that a three-level

18   adjustment should apply to reflect defendant’s role as a manager or

19   supervisor of the crimes for which she pleaded guilty.         (ECF 1001 at

20   3-7.)     In the addendum to the PSR (ECF 1119), the USPO did not appear

21   to disagree about defendant’s role as a manager or supervisor of the

22   fraud conspiracy but did disagree about her role with respect to the

23   money laundering conspiracy (which, according to the USPO, is

24   determinative of the applicability of the adjustment).

25        The evidence of defendant’s management and supervision of the

26   money laundering conspiracy is overwhelming.        Defendant’s home

27   contained blank checks and other records for dozens of bank accounts

28
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1    that received stolen COVID-19 disaster relief money (GEX 57.g), as

2    well as handwritten notes relating specifically to the movement of

3    criminal proceeds and funds relating to identities associated with

4    the fraud. (GEX 57.f, 57.h.)     Defendant’s phone similarly contained

5    digital photographs of checks in the names of Anna Dzukaeva, Diana

6    Saakyan, Montadrath, and Am & Am Financial Services, all of which

7    were identities and business names used to obtain fraudulent PPP and

8    EIDL loans (GEX 13.c).    This evidences her role managing and

9    supervising the flow of criminal proceeds between bank accounts
10   opened using fake, stolen or synthetic names.
11        Defendant’s phone also contained detailed text messages with co-

12   defendant Richard Ayvazyan further showing her role in managing and

13   supervising the flow of criminal proceeds, including with respect to

14   co-defendants Artur Ayvazyan and Vahe Dadyan. For example, on July

15   14, 2020, defendant exchanged numerous texts with co-defendant

16   Richard Ayvazyan demonstrating her intimate knowledge of both her own

17   and co-defendant’s Richard Ayvazyan’s various accounts as part of her

18   effort to make arrangements to pay co-defendant Vahe Dadyan his cut

19   of the criminal proceeds.     (GEX 10 at 21.)    Among other things, she

20   suggests she could direct co-defendant Artur Ayvazyan to deposit co-

21   defendant Vahe Dadyan’s cut of the criminal proceeds on his behalf.

22   (Id.)

23        In another example, from September 16, 2020 through September

24   30, 2020, defendant repeatedly texted with co-defendant Richard

25   Ayvazyan about her efforts to establish new bank account and move

26   money while they were dealing with the freezing and closure of

27   numerous accounts. (GEX 10 at 33-35.)       Again, defendant specifically

28
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1    speaks about directing co-defendant Artur Ayvazyan to assist in

2    helping to launder funds.     (GEX 10 at 35 (“Rich we need ur help this

3    fuckjng capital one restricted the account that I finally opened[.]

4    They want to call the employer or employer Human Resource[.]          I tried

5    giving another cell so Art can verify the check they said the number

6    is not a[.]   Getting verified as that business number[.]”).         These

7    text messages are consistent with the physical evidence seized at

8    defendant’s home and the other digital evidence discovered on

9    defendant’s phone showing that she had intimate knowledge of and
10   control over bank accounts involved in the receipt and transfer of
11   criminal proceeds, and demonstrates her role as a manager and
12   supervisor of the money laundering scheme.       (See also ECF 1001 at 5-6
13   (describing defendant’s role in arranging to launder her cut of a

14   fraudulent loan submitted on behalf of an unindicted co-

15   conspirator).)

16        B.   A Two-Level Vulnerable Victim Adjustment Should Apply

17        The government respectfully submits that a two-level “vulnerable

18   victim” adjustment applies based on the use of names belonging to

19   deceased individuals and foreign visitors.       (ECF 1001 at 3-7.)      In

20   its addendum to the PSR (ECF 1119), the USPO disagreed with the

21   government’s position on the basis that, in the USPO’s view, there is

22   a lack of sufficient evidence to support a vulnerable victim

23   enhancement as it relates to the money laundering conspiracy (which

24   again, according to the USPO, is determinative of the applicability

25   of the adjustment).    Defendant, however, used the names of deceased

26   individuals and foreign visitors in connection with both the fraud

27   and money laundering conspiracies.

28
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1         For example, defendant’s phone contained a fake driver’s

2    license, fraudulent loan applications, and checks in the name of Anna

3    Dzukaeva (GEX 13.b, 13.c, 13.d), who visited the United States in

4    2015 and never returned (GEX 44 at 7).

5         Similarly, the text messages further show defendant and co-

6    defendant Richard Ayvazyan conspiring to use the identity of “alak”

7    to submit fraudulent loan applications, noting “Let’s go the fool is

8    dead on armo land”.    (See GEX 10 at 9.)     When asked if she had

9    accounts in his name, defendant responds, “Yes wells” followed by a
10   message titled “You’re one step away from receiving Paycheck Program
11   Program funds.png.”    (Id.)   This deceased individual’s name is
12   further referenced later in the text message conversation when

13   defendant attempts to open a corporate account for Alak, asking,

14   “Rich what bank can I open Corp account without going to branch” and

15   “There is the new alak Corp we got buy (sic) the stupid wells online

16   shit said come to branch”.     (GEX 10 at 20.)    Defendant’s success in

17   establishing this corporate account is further discussed when she and

18   co-defendant Richard Ayvazyan are dealing with the freezing and

19   closure of numerous accounts and their attempts to open new ones.

20   (See e.g., GEX 10 at 33-35.) Defendant discusses her success in

21   opening a new account, including her use of a stock purchase

22   agreement to obtain control since the account was opened in her own

23   name but “the Corp online everything belongs to Alak”.         (GEX 10 at

24   34-35.)

25        In another example, defendant uses the name Olaf Landsgaard,

26   which belongs to a deceased attorney, to launder criminal proceeds

27   from the fraud conspiracy to purchase a residence in the name of

28
                                          12
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1    “Anton Kudiumov”.   The evidence includes an email found on

2    defendant’s phone (GEX 13.i), as well as text messages discussing

3    defendant’s use of an email account in the name of Olaf Landsgaard in

4    connection with a real estate transaction (GEX 10 at 20, 40).

5         Substantial evidence shows these identities were used in

6    connection with both conspiracies, including the money laundering

7    conspiracy, and thus the vulnerable victim enhancement should apply.

8    See United States v. Maciel-Alcala, 612 F.3d 1092, 1101–02 (9th Cir.

9    2010) (explaining that identity theft involving the identities of
10   deceased persons is not a victimless crime and potentially harms the

11   deceased’s living friends and family); United States v. Cuellar, 165

12   F.3d 918 (9th Cir. 1998) (unpublished) (affirming the district

13   court’s application of a two-level “vulnerable victim” enhancement

14   where defendant used the identity of a deceased individual to

15   fraudulently obtain a credit card in the deceased’s name and noting

16   that the district court had found that the families of the deceased

17   were the vulnerable victims, who were particularly susceptible to

18   defendant’s conduct at a difficult time). 4

19        C.   A Two-level Enhancement in Accordance with U.S.S.G. §
               2B1.1(b)(11) Should Apply
20
          While defendant is eligible to receive the two-level enhancement
21
     under either USSG § 2B1.1(b)(11)(A)(ii), (B)(i), (B)(ii), (C)(i),
22
     and/or (C)(ii), the government recommends this Court apply the
23
     enhancement based on USSG § 2B1.1(b)(11)(A)(ii), as affirmed in
24
     United States v. Ovsepian, 739 Fed. Appx. 448 (9th Cir. October 5,
25

26
          4 The government also incorporates by reference the additional
27   arguments made in Part III.B of its sentencing memorandum for co-
     defendant Artur Ayvazyan with respect to the applicability of the
28   vulnerable victim adjustment.
                                       13
 Case 2:20-cr-00579-SVW Document 1135 Filed 11/08/21 Page 18 of 26 Page ID #:18486



1    2018).   For the reasons set forth in Part III.A.2.b of the

2    government’s sentencing memorandum for co-defendant Artur Ayvazyan,

3    which the government incorporates by reference here, the government

4    believes this approach avoids the ‘double-counting’ issue that is the

5    basis of the USPO’s objection to this enhancement in its addendum to

6    the PSR (ECF 1119).    Applying the enhancement based on U.S.S.G.

7    § 2B1.1(b)(11)(A)(ii) thus permits the Court to hold defendant

8    accountable for the multiplicity of authentication features found in

9    the possession of her and her co-conspirators separate and apart from
10   the offense conduct underlying Count 24.
11   V.   SECTION 3553(a) FACTORS
12        The Court should impose a sentence sufficient, but not greater

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

14   18 U.S.C. § 3553(a).    United States v. Carty, 520 F.3d 984, 991 (9th

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

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

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

18   1338, 1345 (2016) (quoting Gall v. United States, 552 U.S. 38, 49

19   (2007)).   Although the Guidelines are not binding, they “reflect a

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

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

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

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

24   and circumstances of the offense and the history and characteristics

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

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

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

28
                                          14
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1    the need for the sentence imposed to afford adequate deterrence to

2    criminal conduct, § 3553(a)(2)(B); the need for the sentence imposed

3    to protect the public from further crimes of the defendant,

4    § 3553(a)(2)(C); and the need to avoid unwarranted sentence

5    disparities, § 3553(a)(6).

6    VI.   GOVERNMENT’S SENTENCING RECOMMENDATION

7          A.    Term of Custody

8          In light of the relevant 18 U.S.C. § 3553(a) factors, a sentence

9    of 259 months in prison is sufficient, but not greater than
10   necessary, to achieve the goals of sentencing here.
11               1.    Nature and Circumstances of the Offense and History
                       and Characteristics of the Defendant (18 U.S.C.
12                     § 3553(a)(1))

13         The nature and circumstances of the offense weigh heavily in

14   favor of a significant sentence of imprisonment within the advisory

15   Guidelines range.     Defendant stole disaster relief funds desperately

16   needed by small businesses and working families to survive a national

17   catastrophe.     She began stealing as soon as the money became

18   available in March 2020, when the country was grappling with a public

19   health crisis and faced the very real prospect of an economic

20   collapse.    And she continued through the height of the pandemic until

21   she was arrested.

22         In stark contrast to the chaos unfurling around the country,

23   defendant kept meticulous track of the names, accounts, identities,

24   and businesses needed to perpetrate the fraud, coordinating with her

25   brother-in-law on phones and even the gender of the voices needed to

26   convince lenders and banks that the fraudulent loan applications, and

27   the money that flowed from that fraud, were legitimate. (GEX 10.)

28
                                          15
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1    She laughed about the fact that she was stealing disaster relief

2    funds and schemed to steal as much as she possibly could before the

3    country slid into depression and the federal government filed for

4    bankruptcy.   (Id. at 4, 7-8, 13.)

5         Defendant’s role in the conspiracies was key and her involvement

6    was integral to the success of the fraud.        In conjunction with

7    Richard Ayvazyan, and in reliance on the active assistance of

8    coconspirators like her husband co-defendant Artur Ayvazyan and

9    cousin co-defendant Vahe Dadyan, defendant operated         the assembly
10   line used to prepare and submit false and misleading disaster relief
11   loan applications in the names of individuals and businesses that did
12   not actually need the money, if they existed at all.         She continually
13   communicated with co-defendant Richard Ayvazyan throughout the
14   conspiracy about all aspects of this process, helping manage,
15   coordinate and propel the fraudulent scheme.          (See, e.g., GEX 10.)
16   She also directed some of the actions of co-defendant Artur Ayvazyan,

17   co-defendant Vahe Dadyan, and at least one other unindicted co-

18   conspirator (who is now deceased).        (GEX 10.)    Her role and the

19   extent of her involvement is underscored by the overwhelming evidence

20   discovered in her home and on her phone.        (See, e.g., GEX 10, 13.b,

21   13.c, 13.d, 13.e, 13.f, 13.h, 57.a, 57.c, 57.d, 57.e, 57.f, 57.g.)

22        The fraud was prolific.     Defendant and her co-conspirators used

23   dozens of fake, stolen and synthetic identities to submit (or cause

24   the submission of) over 150 fraudulent loan applications seeking over

25   $20 million in disaster relief funds and then laundered the stolen

26   money through a vast network of bank accounts opened under false

27   pretenses.    (See generally ECF 1092-6 (a chart titled “Loans for Loss

28
                                          16
 Case 2:20-cr-00579-SVW Document 1135 Filed 11/08/21 Page 21 of 26 Page ID #:18489



1    Calculation – Artur Ayvazyan and Tamara Dadyan”, which was submitted

2    to the USPO in connection with its preparation of the PSR and

3    produced to defense counsel).)

4         The impact of defendant’s fraud is substantial.         Her actions

5    targeted and exploited the individuals and businesses whose names

6    were used to open bank accounts, apply for loans and create fake tax

7    filings; the lenders who originated the fraudulent loans; the federal

8    agency that funded the loans; the retail banks used to launder the

9    criminal proceeds; and the small businesses and working families who
10   were unable to obtain disaster relief because of defendant’s crimes.
11   The government considers these individuals and entities to be
12   victims.    Defendant referred to many of them as “idiots”.        (GEX 10.)
13        Nothing explains defendant’s action other than pure,

14   unadulterated greed.     Based on the information defendant provided to

15   the USPO, defendant’s family successfully immigrated to the United

16   States, she obtained an education, she is in a stable marriage, she

17   lives in a mansion, and she is free of addiction.        (ECF 959 ¶¶ 82-

18   103.)    Consistent with these facts, the USPO has not identified any

19   factors that would warrant a departure from the applicable Guidelines

20   range.    (Id. ¶ 140.)

21        A sentence at the low-end of the advisory Guidelines range of

22   259 months’ imprisonment (consisting of 235 months on Counts 1 and 26

23   to be served concurrently and 24 months on Count 24 to be served

24   consecutively to the terms imposed on Counts 1 and 26) is appropriate

25   based on an individualized assessment of this defendant and the

26   circumstances of the extent and nature of her involvement in this

27   prolific and horrendous fraud.

28
                                          17
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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 above, the scope and execution of defendant’s

8    crimes and relevant conduct make plain the seriousness of the

9    offense.   The context in which the fraudulent scheme was carried out
10   only underscores the gravity of the offenses.        Defendant and her co-
11   conspirators sought and stole finite COVID-19 disaster relief funds
12   necessary to the survival of the country’s small businesses and
13   working families at the height of the pandemic.        The use of multiple
14   synthetic or misappropriated identities, sham business entities, and
15   fraudulent back-up documentation sought to deceive institutional
16   lenders and the federal government as they worked to meet the vital
17   needs of those who were actually in need.       The extensive planning and
18   coordination of the scheme which defendant and her co-conspirators

19   carried out against the backdrop of an unprecedented public health

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

21   and the need for just punishment in this case.

22        Defendant’s lack of respect for the law is further underscored

23   by her cruel disregard for the impact her actions had on her fellow

24   citizens and those who were trying to provide aid to them.          In her

25   text messages with co-defendant Richard Ayvazyan, defendant provided

26   her unvarnished view, labelling many of her victims as “idiots”,

27   laughing about the “disaster” that had befallen the country, and

28
                                          18
 Case 2:20-cr-00579-SVW Document 1135 Filed 11/08/21 Page 23 of 26 Page ID #:18491



1    joking about the possibility that the federal government may run out

2    of money and file for bankruptcy.      (GEX 10.)    Defendant’s disrespect

3    for the law appears to be part of a broader pattern of her

4    exploitation of judicial institutions.       Indeed, defendant admitted

5    that when federal agents searched her home in November 2020, they

6    discovered fake and stolen notary stamps and seals belonging to state

7    and federal courts (which included stamps belonging to the United

8    States Bankruptcy Court for the Central District of California).

9    (Declaration of Christopher Fenton ¶¶ 1-2, Exs. 1, 2.)
10        With these factors in mind, the government respectfully submits
11   that a low-end custodial sentence of the effective advisory
12   Guidelines range of 259 months’ imprisonment (consisting of 235
13   months on Counts 1 and 26 to be served concurrently and 24 months on
14   Count 24 to be served consecutively to the terms imposed on Counts 1
15   and 26) is sufficient, but not greater than necessary, to achieve the
16   goals of sentencing in this case.
17             3.    Affording Adequate Deterrence and Protecting the
                     Public from Further Crimes of the Defendant (18 U.S.C.
18                   § 3553(a)(2)(B) and (C))

19        There is a strong need in this case to impose a sentence that

20   will specifically deter defendant from committing fraud post-release.

21   Defendant has the knowledge and skills to plan, execute and conceal

22   sophisticated schemes, as demonstrated by her architecture of an

23   assembly line for preparing and submitting fraudulent disaster relief

24   loan applications in this case.      Indeed, her home, her phone, and her

25   husband’s phone contained all of the component parts necessary to

26   carry out and conceal such a scheme.      Even in the absence of a

27

28
                                          19
 Case 2:20-cr-00579-SVW Document 1135 Filed 11/08/21 Page 24 of 26 Page ID #:18492



1    criminal history, in light of her demonstrated sophistication,

2    specific deterrence is a necessary consideration here.

3           Also relevant to the issue of specific deterrence is defendant’s

4    questionable conduct in connection with the USPO’s preparation of the

5    PSR.    According to the PSR, defendant did not provide complete

6    information about her finances on the mandatory Personal Financial

7    Statement and failed to provide a copy of her tax returns.          (ECF 959

8    ¶¶ 107-108.)    In addition, the PSR describes defendant’s luxury

9    lifestyle, failures to explain or inconsistencies in statements
10   around income, and assets of suspicious or unknown origin.          For
11   example, defendant denied ownership of the Weddington residence,
12   claiming it was leased but failed to provide a copy of the lease.
13   (Id. ¶ 110.)    The residence has gone through numerous transfers in
14   ownership that included, among others, herself and her mother, a

15   corporation bearing defendant’s name, and two additional individuals.

16   (Id. 959 ¶ 110 and 110(a).)     Defendant also owns high-value assets

17   that were not disclosed to the USPO.      (Id. ¶ 111.)     Defendant owns

18   numerous luxury goods (id.) but the USPO notes that, “[i]t is unknown

19   how she and her husband are maintaining their current lifestyle” and

20   even though defendant “noted that her husband was unemployed . . . in

21   the financial records submitted to the Probation Officer, she noted

22   that he earns over $37,000 a month.”      (Id.   ¶ 120.)    Together these

23   facts and representations in the PSR raise significant concerns that

24   defendant may be continuing to conceal assets to obstruct forfeiture

25   proceedings.

26          There is also a strong need to impose a sentence that generally

27   deters others from stealing disaster relief money earmarked for small

28
                                          20
 Case 2:20-cr-00579-SVW Document 1135 Filed 11/08/21 Page 25 of 26 Page ID #:18493



1    businesses and families in crisis – particularly in light of the fact

2    that the pandemic is ongoing and the possibility that the federal

3    government may continue to provide such assistance in the future.             It

4    is critical to the success of these government programs that others

5    are deterred from doing what defendant did here.        Like the need to

6    promote respect for the law, a significant custodial sentence in a

7    case such as this will signal to other potential wrongdoers that

8    there are serious consequences for exploiting a national emergency

9    such as that brought on by the COVID-19 pandemic.
10        This case is particularly significant to the government’s effort

11   to deter pandemic fraud because it is amongst the most egregious

12   examples prosecuted to date.     It is necessary for potential

13   wrongdoers to understand that, although submitting any number of

14   fraudulent disaster relief loan applications constitutes a serious

15   crime and will likely result in the imposition of a sentence of

16   imprisonment, submitting dozens or hundreds of fraudulent loan

17   applications will result in substantially greater prison time.           In

18   light of the fact that the tools required to commit these crimes,

19   namely Internet access and a bank account, are available to almost

20   anyone, it is critical that the Court send a message that a defendant

21   who is engaged in a vast scheme involving dozens of fake, stolen and

22   synthetic identities, over 150 fraudulent disaster relief loan

23   applications, and a vast network of bank accounts opened under false

24   pretenses, will be sentenced in a way that is meaningfully different.

25        B.   Supervised Release, Fine, Restitution, Forfeiture, and
               Mandatory Special Assessment
26
          The government concurs with the USPO’s recommendation that
27
     defendant be sentenced to five years of supervised release,
28
                                          21
 Case 2:20-cr-00579-SVW Document 1135 Filed 11/08/21 Page 26 of 26 Page ID #:18494



1    restitution of $17,723,141.26, and a $300 mandatory special

2    assessment. 5   (ECF 1117.)   The government also recommends that,

3    consistent with the parties’ plea agreement, the Court order

4    forfeiture consistent with the Court’s previous preliminary orders of

5    forfeiture as to defendant.     (ECF 872, 876-878.)

6    VII. CONCLUSION

7         For the above reasons, the government respectfully requests that

8    the Court impose the following sentence as to defendant Tamara

9    Dadyan: (i) 259 months’ imprisonment, consisting of 235 months on
10   Counts 1 and 26 to be served concurrently and 24 months on Count 24
11   to be served consecutively to the terms imposed on Counts 1 and 26;
12   (ii) five years of supervised release; (iii) restitution in the
13   amount of $17,723,141.26, (iv) forfeiture consistent with the Court’s
14   prior preliminary orders of forfeiture; and (v) a special assessment
15   of $300.
16

17

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27

28        5   The government takes no position on the imposition of a fine.
                                         22


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