Supplemental Sentencing Documents Regarding Marietta Terabelian (No. 2:20-cr-00579, C.D. Cal.)

Summary

Supplemental Sentencing Documents Regarding Marietta Terabelian, Document 1151 in United States v. Richard Ayvazyan et al., Case No. 2:20-cr-579-SVW, in the U.S. District Court for the Central District of California, filed November 12, 2021, before Hon. Stephen V. Wilson. Counsel submits a supplemental letter on behalf of Marietta Terabelian and the July 22, 2021, declaration of Ryan V. Fraser summarizing plea negotiations. The letter is from Harutun Akopyan, a cousin, who describes Terabelian as a role model and a loyal family member. The declaration describes phone calls with the prosecution team on May 7, 10, and 13, 2021, about a possible plea agreement. The sentencing hearing is set for November 15, 2021, at 11:00 a.m.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Supplemental Sentencing Documents Regarding Marietta Terabelian (No. 2:20-cr-00579, C.D. Cal.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-c-d-cal-no-2-20-cr-00579-dkt-1151-c-d-cal-acbd391152/, SHA-256 5206e3e30a04c0eba91c2d013a916631a96c447797afd3884fd540bcf738723a.

Full text

Case 2:20-cr-00579-SVW Document 1151 Filed 11/12/21 Page 1 of 9 Page ID #:18686

1 John L. Littrell (SBN 221601)
jlittrell@bklwlaw.com
2 Ryan V. Fraser (SBN 272196)
3 rfraser@bklwlaw.com
BIENERT KATZMAN LITTRELL WILLIAMS LLP
4 601 W. 5th Street, Suite 720
Los Angeles, CA 90071
5 Telephone: (213) 528-3400
6 Facsimile: (949) 369-3701
Attorneys for Defendant MARIETTA TERABELIAN
7
8
9
10
11 UNITED STATES DISTRICT COURT
12 CENTRAL DISTRICT OF CALIFORNIA
13
Case No. 2:20-cr-579-SVW
14 UNITED STATES OF AMERICA,
15 SUPPLEMENTAL SENTENCING
Plaintiff, DOCUMENTS REGARDING
16 MARIETTA TERABELIAN
17 v.
Hon. Stephen V. Wilson
18 RICHARD AYVAZYAN,
19 MARIETTA TERABELIAN, Sentencing Hearing Date & Time:
ARTUR AYVAZYAN, November 15, 2021, at 11:00 a.m.
20 TAMARA DADYAN,
21 MANUK GRIGORYAN,
ARMAN HAYRAPETYAN,
22 EDVARD PARONYAN, and
23 VAHE DADYAN,

24 Defendants.
25
26
27
28
SUPPLEMENTAL SENTENCING DOCUMENTS
REGARDING MARIETTA TERABELIAN
Case 2:20-cr-00579-SVW Document 1151 Filed 11/12/21 Page 2 of 9 Page ID #:18687

1 For the Court’s consideration in sentencing, counsel hereby submits the attached
2 supplemental letter on behalf of Marietta Terabelian and the July 22, 2021, declaration
3 of Ryan V. Fraser, summarizing the plea negotiations regarding Terabelian, which was
4 previously filed in support of Terabelian and Richard Ayvazyan’s joint submission
5 regarding Kastigar. On the record at the Kastigar hearing, on behalf of Terabelian,
6 attorney John L. Littrell asked DOJ Trial Attorney Christopher Fenton whether he
7 disagreed with any part of this declaration. Mr. Fenton then reviewed the declaration
8 and responded that he did not.
9
10 Dated: November 12, 2021 Respectfully submitted,
11
BIENERT KATZMAN
12 LITTRELL WILLIAMS LLP
13
/s/ Ryan V. Fraser
14 John L. Littrell
15 Ryan V. Fraser
Counsel for Defendant Marietta Terabelian
16
17
18
19
20
21
22
23
24
25
26
27
28
1
SUPPLEMENTAL SENTENCING DOCUMENTS
REGARDING MARIETTA TERABELIAN
Case 2:20-cr-00579-SVW Document 1151 Filed 11/12/21 Page 3 of 9 Page ID #:18688

Letter from Harutun Akopyan,
Cousin of Marietta Terabelian
Case 2:20-cr-00579-SVW Document 1151 Filed 11/12/21 Page 4 of 9 Page ID #:18689

November 1, 2021

To Whom It May Concern:
Subject: Letter in Support of Mary Terabelian

My name is Harutun Akopyan. I am a Cardiac Cath Laboratory consultant, working in the
healthcare field for over 15 years. I wanted to write this letter with the intention to represent
Marys character as a thoughtful mother and loved one to her family and friends.

Mary is my oldest cousin. She is 6 years older than me. I have known Mary my whole life, and as
far as I can recollect, Mary has always been a great role model, older sister, and positive
example for my sisters and me. She has provided great knowledge and guidance when needed
growing up, and she has given my sisters and I a positive childhood to remember for years to
come.

We grew up in my grandparents home, where Mary would sit us down as young children, and
read us books, sing to us, and play together while our parents were busy at work. She truly
played the role of an older sister and provided us with great insight on everything she wanted
us to know about life. As we grew older, our lives became busier, while Mary got married and
had children, but Mary never missed a chance to call my sisters and I to see how we were
doing. Mary always knew how to put a smile on our face and would always start her
conversations with a funny joke, to make us smile.

Mary always knew how to create a positive environment when needed. I remember the day
when my grandfather passed away, and we rushed to my grandparents house to be together
as a family. As we sat there, crying, all of us grandchildren, I remember Mary stand up and look
at all of us. She told us that grandpa would never want us to cry, but to always remember the
good times we had together. After that moment, my cousins and I started sharing funny stories
of my grandpa, and that is how we got through one of the hardest chapters of our lives. Mary
to the rescue.

My intention to write this letter is for you to understand that Mary is not only a trustworthy
individual, but also a loyal person to her family and friends. Mary has a family and young child
who need guidance and support, the same guidance and support that was provided to my
sisters and I growing up. I hope to see that transpire for her family and her, so she can provide
that much needed support to them in this time of need. Mary deserves a chance to raise her
children and be there for them through their growing years. I hope to see that she is deserving
of this opportunity, because she too, would want the same for others.

Respectfully,

Harutun Akopyan
Case 2:20-cr-00579-SVW Document 1151 Filed 11/12/21 Page 5 of 9 Page ID #:18690

July 22, 2021
Declaration of Ryan V. Fraser
Case 2:20-cr-00579-SVW Document 1151 Filed 11/12/21 Page 6 of 9 Page ID #:18691

1 John L. Littrell (SBN 221601)
jlittrell@bklwlaw.com
2 Ryan V. Fraser (SBN 272196)
rfraser@bklwlaw.com
3 BIENERT KATZMAN LITTRELL WILLIAMS LLP
601 W. 5th Street, Suite 720
4 Los Angeles, CA 90071
Telephone: (213) 528-3400
5 Facsimile: (949) 369-3701
6 Attorneys for Defendant MARIETTA TERABELIAN
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE CENTRAL DISTRICT OF CALIFORNIA
10
11
UNITED STATES OF AMERICA, Case No. 2:20-cr-579-SVW
12
Plaintiff,
13 Hon. Stephen V. Wilson
14
v. DECLARATION OF
15 RYAN V. FRASER IN SUPPORT OF
RICHARD AYVAZYAN AND
16 MARIETTA TERABELIAN’S JOINT
RICHARD AYVAZYAN, MARIETTA SUBMISSION REGARDING
17 TERABELIAN, et al., KASTIGAR
18 Hearing Date: July 28, 2021
Defendants.
Time: 10:00 a.m.
19
20
21
22
23
24
25
26
27
28
1
Case 2:20-cr-00579-SVW Document 1151 Filed 11/12/21 Page 7 of 9 Page ID #:18692

1 I , Ryan V. Fraser, declare as follows:
2 1. I am an attorney admitted to practice in the State of California. I practice at
3 the law firm of Bienert Katzman Littrell Williams, LLP (“BKLW”), which represents
4 defendant Marietta Terabelian in this case. BKLW Partner John Littrell is my co-
5 counsel. I have personal knowledge of the facts set forth in this declaration and, if
6 called as a witness, could and would testify competently to such facts under oath.
7 2. Ms Terabelian authorized Mr. Littrell and me to engage in plea
8 negotiations with the government. She expressed a desire to resolve the case in a way
9 that would avoid her going to prison so that she could care for her three children.
10 3. Over the course of three phone calls—on May 7, 10, and 13, 2021—
11 Mr. Littrell and I discussed with the prosecution team in this case the possibility of a
12 plea agreement on behalf of Ms. Terabelian.
13 4. In the May 7, 2021, phone call, Mr. Littrell asked DOJ Trial Attorney
14 Christopher Fenton and Assistant United States Attorney (“AUSA”) Scott Paetty
15 whether the government was open to plea negotiations with us, and they indicated they
16 were. Mr. Paetty indicated he and Mr. Fenton would discuss among the prosecution
17 team what terms the government would consider acceptable and get back to us.
18 5. In the May 10 call, AUSA Catherine Ahn, Mr. Fenton, and Mr. Paetty
19 participated on behalf of the government; Mr. Littrell and I participated on behalf of
20 Ms. Terabelian. Ms. Ahn discussed the terms of a plea offer that the government
21 tentatively may be willing to offer Ms. Terabelian. Ms. Ahn indicated that she did not
22 have supervisory approval yet, but suggested that Ms. Terabelian plead guilty to loans
23 she is directly responsible for, which Ms. Ahn clarified would mean pleading guilty to
24 counts related to loans involving the Viktoria Kauichko identity or the use of Nazar
25 Terabelian’s name, including the count charging Ms. Terabelian with violating 18
26 U.S.C. § 1028A. Ms. Ahn suggested this agreement would reduce the anticipated loss
27 amount from almost $20 million to $1.79 million and result in a total offense level of
28 22 after a downward adjustments for acceptance of responsibility. Ms. Ahn stated that
1
DECLARATION OF RYAN V. FRASER IN SUPPORT OF
JOINT SUBMISSION REGARDING KASTIGAR
Case 2:20-cr-00579-SVW Document 1151 Filed 11/12/21 Page 8 of 9 Page ID #:18693

1 we would be free to request additional reductions, such as a mitigating-role adjustment.
2 Under the terms of this plea proposal, the government envisioned that it would take the
3 position at sentencing that the Guidelines custodial range would be 65 to 75 months.
4 That range would have resulted from adding 24 months to the otherwise-applicable 41-
5 to 51-month range, to account for the § 1028A conviction.
6 Mr. Littrell asked the government to consider resolving the case in a way that
7 would enable Ms. Terabelian to argue for a non-custodial sentence so she would remain
8 available to care for her children. He argued that Ms. Terabelian was significantly less
9 culpable participant than her husband. Mr. Fenton explained that he regarded
10 Ms. Terabelian and Richard Ayvazyan as being like “Bonnie and Clyde.” He said that
11 they were “partners and two peas in a pod,” positing that when a woman would be
12 needed to make a phone call as Kauichko, Terabelian would do it. Fenton also
13 emphasized his belief that “she’s going out and spending money as Viktoria Kauichko.”
14 (I have italicized the words “as Viktoria Kauichko” because Mr. Fenton emphasized
15 those words through his tone of voice in the call.) He said that “[i]n many respects, you
16 can’t distinguish them because they’re working so closely together.” The call ended
17 with each side leaving room for further plea discussions.
18 6. In the May 13 call, Ms. Ahn discussed a new and different potential
19 resolution, which was that Ms. Terabelian would plead guilty to the same charges
20 previously contemplated, except not the § 1028A charge, so that there would be no
21 mandatory custodial sentence. However, the government would require that
22 Ms. Terabelian agree to plead to money laundering, resulting in an adjusted offense
23 level of 24, ultimately implying a government-recommended Guidelines range for the
24 custodial sentence of 51 to 63 months. The government acknowledged the Guidelines
25 range it would be recommending pursuant to the new tentative proposal was not much
26 lower than in the initial tentative offer but emphasized that the revised offer at least
27 afforded some hope for probation because there would be no § 1028A conviction.
28
2
DECLARATION OF RYAN V. FRASER IN SUPPORT OF
JOINT SUBMISSION REGARDING KASTIGAR
Case 2:20-cr-00579-SVW Document 1151 Filed 11/12/21 Page 9 of 9 Page ID #:18694

1 I declare under penalty of perjury under the laws of the United States that the
2 foregoing is true and correct to the best of my knowledge.
3 Executed on this 22nd day of July, 2021, at Glendale, California.
4
/s/ Ryan V. Fraser
5
Declarant
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
DECLARATION OF RYAN V. FRASER IN SUPPORT OF
JOINT SUBMISSION REGARDING KASTIGAR

File and source

File: 1151.pdf
Size: 570,253 bytes
SHA-256: 5206e3e30a04c0eba91c2d013a916631a96c447797afd3884fd540bcf738723a
Our copy: 1151.pdf
Original: No public link identified.