Plea Agreement for Defendant Manuk Grigoryan (Document 436)
Summary
Plea Agreement for Defendant Manuk Grigoryan, filed June 7, 2021 as Document 436 in No. CR 20-579(A)-SVW, between him and the United States Attorney's Office for the Central District of California and the Department of Justice, Criminal Division, Fraud Section. He agrees to plead guilty to counts nineteen and twenty-three of the first superseding indictment, charging bank fraud and aggravated identity theft, and to deliver $3,398,282 before sentencing toward restitution and fines. It states a statutory maximum of 30 years for the first offense and two years for the second, which carries a mandatory consecutive two-year term, for a total of 32 years.
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“Plea Agreement for Defendant Manuk Grigoryan (Document 436).”
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 1 of 27 Page ID #:4823
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
DANIEL S. KAHN
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(A)-SVW
21 Plaintiff, PLEA AGREEMENT FOR DEFENDANT
MANUK GRIGORYAN
22 v.
23 RICHARD AYVAZYAN,
aka “Richard Avazian” and
24 “Iuliia Zhadko,”
MARIETTA TERABELIAN,
25 aka “Marietta Abelian” and
“Viktoria Kauichko,”
26 ARTUR AYVAZYAN,
aka “Arthur Ayvazyan,” and
27 TAMARA DADYAN,
MANUK GRIGORYAN,
28 aka “Mike Grigoryan,” and
Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 2 of 27 Page ID #:4824
1 “Anton Kudiumov,”
ARMAN HAYRAPETYAN,
2 EDVARD PARONYAN,
aka “Edvard Paronian” and
3 “Edward Paronyan,” and
VAHE DADYAN,
4
Defendants,
5
Defendant.
6
7 1. This constitutes the plea agreement between defendant MANUK
8 GRIGORYAN (“defendant”) and the United States Attorney’s Office for
9 the Central District of California and the United States Department
10 of Justice, Criminal Division, Fraud Section (collectively referred
11 to herein as the “United States”), in the above-captioned case. This
12 agreement is limited to the United States and cannot bind any other
13 federal, state, local, or foreign prosecuting, enforcement,
14 administrative, or regulatory authorities.
15 DEFENDANT’S OBLIGATIONS
16 2. Defendant agrees to:
17 a. At the earliest opportunity requested by the United
18 States and provided by the Court, appear and plead guilty to counts
19 nineteen and twenty-three of the first superseding indictment in
20 United States v. Richard Ayvazyan et al., CR No. 20-579(A), which
21 charge defendant with bank fraud, in violation of 18 U.S.C.
22 § 1344(2), and aggravated identity theft, in violation of 18 U.S.C.
23 § 1028A(a)(1).
24 b. Agree that all court appearances, except his
25 sentencing hearing, may proceed by video-teleconference (“VTC”) or
26 telephone, if VTC is not reasonably available, so long as such
27 appearances are authorized by Order of the Chief Judge 20-097 or
28
2
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1 another order, rule, or statute. Defendant understands that, under
2 the United States Constitution, the United States Code, and the
3 Federal Rules of Criminal Procedure (including Rules 11 and 43), he
4 may have the right to be physically present at these hearings.
5 Defendant understands that right and, after consulting with counsel,
6 voluntarily agrees to waive it and to proceed remotely. Defense
7 counsel also joins in this consent, agreement, and waiver.
8 Specifically, this agreement includes, but is not limited to, the
9 following:
10 i. Defendant consents under Federal Rules of
11 Criminal Procedure 5(f) and 10(c) and Section 15002(b) of the CARES
12 Act to proceed with his initial appearance and arraignment by VTC or
13 telephone, if VTC is not reasonably available.
14 ii. Defendant consents under Section 15002(b) of the
15 CARES Act to proceed with his waiver of indictment, under Federal
16 Rule of Criminal Procedure 7(b), by VTC or telephone, if VTC is not
17 reasonably available.
18 iii. Defendant consents under Section 15002(b) of the
19 CARES Act to proceed with his change of plea hearing by VTC or
20 telephone, if VTC is not reasonably available.
21 iv. Defendant consents under 18 U.S.C. § 3148 and
22 Section 15002(b) of the CARES Act to proceed with any hearing
23 regarding alleged violations of the conditions of pretrial release by
24 VTC or telephone, if VTC is not reasonably available.
25 c. Not contest facts agreed to in this agreement.
26 d. Abide by all agreements regarding sentencing contained
27 in this agreement.
28
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 4 of 27 Page ID #:4826
1 e. Appear for all court appearances, surrender as ordered
2 for service of sentence, obey all conditions of any bond, and obey
3 any other ongoing court order in this matter.
4 f. Not commit any crime; however, offenses that would be
5 excluded for sentencing purposes under United States Sentencing
6 Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are not
7 within the scope of this agreement.
8 g. Be truthful at all times with the United States
9 Probation and Pretrial Services Office and the Court.
10 h. Pay the applicable special assessments at or before
11 the time of sentencing unless defendant has demonstrated a lack of
12 ability to pay such assessments.
13 i. At or before the time of sentencing, satisfy any and
14 all restitution/fine obligations based on ability to pay by
15 delivering a certified check or money order to the Fiscal Clerk of
16 the Court in the amount of $3,398,282, to be held until the date of
17 sentencing and, thereafter, applied to satisfy defendant’s
18 restitution/fine balance. Payments may be made to the Clerk, United
19 States District Court, Fiscal Department, 255 East Temple Street,
20 11th Floor, Los Angeles, California 90012.
21 j. Ability to pay shall be assessed based on the
22 Financial Disclosure Statement, referenced below, and all other
23 relevant information relating to ability to pay.
24 k. Defendant agrees that any and all restitution/fine
25 obligations ordered by the Court will be due in full and immediately.
26 The government is not precluded from pursuing, in excess of any
27 payment schedule set by the Court, any and all available remedies by
28
4
Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 5 of 27 Page ID #:4827
1 which to satisfy defendant’s payment of the full financial
2 obligation, including referral to the Treasury Offset Program.
3 l. Complete the Financial Disclosure Statement on a form
4 provided by the United States and, within 30 days of defendant’s
5 entry of a guilty plea, deliver the signed and dated statement, along
6 with all of the documents requested therein, to the United States by
7 either email at usacac.FinLit@usdoj.gov (preferred) or mail to the
8 United States Financial Litigation Section at 300 N. Los Angeles St.,
9 Suite 7516, Los Angeles, CA 90012.
10 m. Authorize the United States to obtain a credit report
11 upon returning a signed copy of this plea agreement.
12 n. Consent to the United States inspecting and copying
13 all of defendant’s financial documents and financial information held
14 by the United States Probation and Pretrial Services Office.
15 3. Defendant further agrees:
16 a. To forfeit all right, title, and interest in and to
17 any and all monies, properties, and/or assets of any kind, derived
18 from or acquired as a result of the illegal activity to which
19 defendant is pleading guilty (collectively, the “Forfeitable
20 Assets”).
21 b. To the Court’s entry of an order of forfeiture at or
22 before sentencing with respect to the Forfeitable Assets and to the
23 forfeiture of the assets.
24 c. To take whatever steps are necessary to pass to the
25 United States clear title to the Forfeitable Assets, including,
26 without limitation, the execution of a consent decree of forfeiture
27
28
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1 and the completing of any other legal documents required for the
2 transfer of title to the United States.
3 d. Not to contest any administrative forfeiture
4 proceedings or civil judicial proceedings commenced against the
5 Forfeitable Assets. If defendant submitted a claim and/or petition
6 for remission for all or part of the Forfeitable Assets on behalf of
7 himself or any other individual or entity, defendant shall and hereby
8 does withdraw any such claims or petitions, and further agrees to
9 waive any right he may have to seek remission or mitigation of the
10 forfeiture of the Forfeitable Assets.
11 e. Not to assist any other individual in any effort
12 falsely to contest the forfeiture of the Forfeitable Assets.
13 f. Not to claim that reasonable cause to seize the
14 Forfeitable Assets was lacking.
15 g. To prevent the transfer, sale, destruction, or loss of
16 any and all assets described above to the extent defendant has the
17 ability to do so.
18 h. To fill out and deliver to the United States a
19 completed financial statement listing defendant’s assets on a form
20 provided by the United States.
21 i. That forfeiture of Forfeitable Assets shall not be
22 counted toward satisfaction of any special assessment, fine,
23 restitution, costs, or other penalty the Court may impose.
24 THE UNITED STATES’ OBLIGATIONS
25 4. The United States agrees to:
26 a. Not contest facts agreed to in this agreement.
27
28
6
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1 b. Abide by all agreements regarding sentencing contained
2 in this agreement.
3 c. At the time of sentencing, move to dismiss the
4 remaining counts of the first superseding indictment and the
5 underlying indictment as against defendant. Defendant agrees,
6 however, that at the time of sentencing the Court may consider any
7 dismissed charges in determining the applicable Sentencing Guidelines
8 range, the propriety and extent of any departure from that range, and
9 the sentence to be imposed.
10 d. At the time of sentencing, provided that defendant
11 demonstrates an acceptance of responsibility for the offenses up to
12 and including the time of sentencing, recommend a two-level reduction
13 in the applicable Sentencing Guidelines offense level, pursuant to
14 U.S.S.G. § 3E1.1, and recommend and, if necessary, move for an
15 additional one-level reduction if available under that section.
16 e. Not seek a sentence of imprisonment above the high end
17 of, and make no recommendation as to the point within the applicable
18 Sentencing Guidelines range at which a term of imprisonment should be
19 selected, provided that the offense level used by the Court to
20 determine that range is 24 or higher. For purposes of this
21 agreement, the high end of the Sentencing Guidelines range is that
22 defined by the Sentencing Table in U.S.S.G. Chapter 5, Part A.
23 NATURE OF THE OFFENSES
24 5. Defendant understands that for defendant to be guilty of
25 the crime charged in count nineteen of the first superseding
26 indictment, that is, bank fraud, in violation of 18 U.S.C. § 1344(2),
27 the following must be true: (1) defendant knowingly carried out a
28
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 8 of 27 Page ID #:4830
1 scheme or plan to obtain money or property from a financial
2 institution by making false statements or promises; (2) defendant
3 knew that the statements or promises were false; (3) the statements
4 or promises were material, that is, they had a natural tendency to
5 influence, or were capable of influencing, a financial institution to
6 part with money or property; (4) defendant acted with the intent to
7 defraud; and (5) the financial institution was federally insured.
8 6. Defendant understands that for defendant to be guilty of
9 the crime charged in count twenty-three of the first superseding
10 indictment, that is, aggravated identity theft, in violation of 18
11 U.S.C. § 1028A(a)(1), the following must be true: (1) defendant
12 knowingly possessed without legal authority a means of identification
13 of another person; (2) defendant knew that the means of
14 identification belonged to a real person; and (3) defendant did so
15 during and in relation to bank fraud, in violation of 18 U.S.C.
16 § 1344(2), as charged in count nineteen of the first superseding
17 indictment. The government need not establish that the means of
18 identification of another person was stolen.
19 PENALTIES AND RESTITUTION
20 7. Defendant understands that the statutory maximum sentence
21 that the Court can impose for a violation of Title 18, United States
22 Code, Section 1344(2), as charged in count nineteen is: 30 years’
23 imprisonment; a five-year period of supervised release; a fine of
24 $1,000,000 or twice the gross gain or gross loss resulting from the
25 offense, whichever is greatest; and a mandatory special assessment of
26 $100.
27
28
8
Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 9 of 27 Page ID #:4831
1 8. Defendant understands that the statutory maximum sentence
2 that the Court can impose for a violation of Title 18, United States
3 Code, Section 1028A(a)(1), as charged in count twenty-three of the
4 first superseding indictment, is: two years’ imprisonment; a three-
5 year period of supervised release; a fine of $250,000 or twice the
6 gross gain or gross loss resulting from the offense, whichever is
7 greatest; and a mandatory special assessment of $100.
8 9. Defendant understands that the statutory mandatory minimum
9 sentence that the Court must impose for a violation of Title 18,
10 United States Code, Section 1028A(a)(1), as charged in count twenty-
11 three of the first superseding indictment, is a two-year term of
12 imprisonment, which must run consecutive to any other sentence of
13 imprisonment, and a mandatory special assessment of $100. 1
14 10. Defendant understands, therefore, that the total maximum
15 sentence for both offenses to which defendant is pleading guilty is:
16 32 years’ imprisonment; a five-year period of supervised release; a
17 fine of $1,250,000 or twice the gross gain or gross loss resulting
18 from the offenses, whichever is greatest; and a mandatory special
19 assessment of $200.
20 11. Defendant understands that defendant will be required to
21 pay full restitution to the victims of the offenses to which
22 defendant is pleading guilty. Defendant agrees that, in return for
23 the United States’ compliance with its obligations under this
24
1 Defendant understands that there is case law suggesting that
25 the term of supervised release on count twenty-three could be imposed
to run consecutively to the term of supervised release imposed on the
26 count nineteen. While the USAO does not intend to seek a consecutive
term of supervised release, defendant understands that if the Court
27 were to impose a consecutive term of supervised release, the maximum
term of supervised release for both of the counts of conviction would
28 be eight years, rather than five years as stated in the text above.
9
Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 10 of 27 Page ID #:4832
1 agreement, the Court may order restitution to persons other than the
2 victims of the offenses to which defendant is pleading guilty and in
3 amounts greater than those alleged in the counts to which defendant
4 is pleading guilty. In particular, defendant agrees that the Court
5 may order restitution to any victim of any of the following for any
6 losses suffered by that victim as a result: (a) any relevant conduct,
7 as defined in U.S.S.G. § 1B1.3, in connection with the offenses to
8 which defendant is pleading guilty; and (b) any counts dismissed and
9 charges not prosecuted pursuant to this agreement as well as all
10 relevant conduct, as defined in U.S.S.G. § 1B1.3, in connection with
11 those counts and charges. The parties currently believe that the
12 applicable amount of restitution is approximately $3,398,282, but
13 recognize and agree that this amount could change based on facts that
14 come to the attention of the parties prior to sentencing.
15 12. Defendant understands that supervised release is a period
16 of time following imprisonment during which defendant will be subject
17 to various restrictions and requirements. Defendant understands that
18 if defendant violates one or more of the conditions of any supervised
19 release imposed, defendant may be returned to prison for all or part
20 of the term of supervised release authorized by statute for the
21 offense that resulted in the term of supervised release, which could
22 result in defendant serving a total term of imprisonment greater than
23 the statutory maximum stated above.
24 13. Defendant understands that, by pleading guilty, defendant
25 may be giving up valuable government benefits and valuable civic
26 rights, such as the right to vote, the right to possess a firearm,
27 the right to hold office, and the right to serve on a jury. Defendant
28
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 11 of 27 Page ID #:4833
1 understands that he is pleading guilty to felonies and that it is a
2 federal crime for a convicted felon to possess a firearm or
3 ammunition. Defendant understands that the convictions in this case
4 may also subject defendant to various other collateral consequences,
5 including but not limited to revocation of probation, parole, or
6 supervised release in another case and suspension or revocation of a
7 professional license. Defendant understands that unanticipated
8 collateral consequences will not serve as grounds to withdraw
9 defendant’s guilty pleas.
10 14. Defendant and his counsel have discussed the fact that, and
11 defendant understands that, if defendant is not a United States
12 citizen, the convictions in this case make it practically inevitable
13 and a virtual certainty that defendant will be removed or deported
14 from the United States. Defendant may also be denied United States
15 citizenship and admission to the United States in the future.
16 Defendant understands that while there may be arguments that
17 defendant can raise in immigration proceedings to avoid or delay
18 removal, removal is presumptively mandatory and a virtual certainty
19 in this case. Defendant further understands that removal and
20 immigration consequences are the subject of a separate proceeding and
21 that no one, including his attorney and the Court, can predict to an
22 absolute certainty the effect of his convictions on his immigration
23 status. Defendant nevertheless affirms that he wants to plead guilty
24 regardless of any immigration consequences that his pleas may entail,
25 even if the consequence is automatic removal from the United States.
26
27
28
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 12 of 27 Page ID #:4834
1 FACTUAL BASIS
2 15. Defendant admits that defendant is, in fact, guilty of the
3 offenses to which defendant is agreeing to plead guilty. Defendant
4 and the United States agree to the statement of facts provided below
5 and agree that this statement of facts is sufficient to support pleas
6 of guilty to the charges described in this agreement and to establish
7 the Sentencing Guidelines factors set forth in paragraph 17 below but
8 is not meant to be a complete recitation of all facts relevant to the
9 underlying criminal conduct or all facts known to either party that
10 relate to that conduct.
11 Defendant fraudulently obtained federal disaster relief funds
12 distributed through the Paycheck Protection Program (“PPP”) and the
13 Economic Injury Disaster Loan Program (“EIDL”). Established by The
14 Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, a
15 federal law enacted in March 2020, the PPP and EIDL programs provided
16 emergency financial assistance to Americans suffering economic harm
17 as a result of the COVID-19 pandemic. PPP loans were obtained by
18 submitting applications to participating financial institutions,
19 which administered the loans. EIDL loans were obtained by submitting
20 applications to the United States Small Business Administration
21 (“SBA”), which disbursed the loans through financial institutions.
22 The PPP and EIDL programs were funded by U.S. taxpayers.
23 As part of a scheme to fraudulently obtain EIDL and PPP loan
24 proceeds, between in or about March 2020 and continuing through in or
25 about August 2020, defendant submitted PPP and EIDL loan applications
26 for businesses that defendant knew did not have actual operations and
27 named, as the owner of the businesses, individuals who defendant knew
28
12
Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 13 of 27 Page ID #:4835
1 were not the owners of the purported businesses. In furtherance of
2 the scheme, and at co-defendant Richard Ayvazyan’s direction,
3 defendant maintained an apartment located on Canoga Avenue in
4 Woodland Hills, California (the “Canoga Apartment”), which defendant
5 knew would be fraudulently listed on the loan applications as the
6 purported address of the individuals falsely identified as the owners
7 of the businesses applying for the PPP and EIDL loans. In or about
8 May 2020, defendant added the name “Viktoria Kauichko” to the lease
9 for the Canoga Apartment. When he did so, defendant knew “Viktoria
10 Kauichko” was a synthetic identity – that is, an identity made up of
11 a combination of real and fake information. Defendant collected
12 mail, including any mail addressed to “Viktoria Kauichko” and the
13 other names identified as the business owners on the fraudulent PPP
14 and EIDL loan applications, from the Canoga Apartment at co-defendant
15 Richard Ayvazyan’s direction.
16 On or about June 25, 2020, defendant, knowingly and with the
17 intent to defraud, submitted a fraudulent PPP application to Lender
18 B, i.e., Celtic Bank, on behalf of “Redline Auto Mechanics” (the
19 “Redline Auto Mechanics PPP Loan Application”). Celtic Bank was a
20 financial institution the deposits of which were insured by the
21 Federal Deposit Insurance Company. The Redline Auto Mechanics PPP
22 Loan Application contained false statements. For example, it falsely
23 identified “Anton Kudiumov” as the owner of Redline Auto Mechanics
24 and provided the Canoga Apartment as the address of “Anton Kudimov”.
25 Defendant knew that the name “Anton Kudiumov” was a synthetic
26 identity and that the Canoga Apartment was not the address of “Anton
27 Kudimov.” The Redline Auto Mechanics PPP Loan Application that
28
13
Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 14 of 27 Page ID #:4836
1 defendant submitted to Celtic Bank also included: a fake driver’s
2 license bearing the name “Anton Kudiumov” that identified the Canoga
3 Apartment as “Anton Kudimov”’s address; a fake payroll report
4 purportedly from payroll service provider Gusto; and a fake IRS Form
5 940 for 2019 (i.e., a purported employer’s annual federal tax return)
6 that falsely represented that it had been prepared by A.F., a
7 professional tax preparer. By causing the submission of this fake
8 IRS Form 940 to Celtic Bank, defendant knowingly transferred,
9 possessed, and used, and willfully caused to be transferred,
10 possessed, and used, without lawful authority, a means of
11 identification, specifically, the name of A.F., during and in
12 relation to his commission of the bank fraud scheme. Defendant knew
13 that A.F. was a real person.
14 On or about June 29, 2020, in reliance on the false and
15 fraudulent Redline Auto Mechanics PPP Loan Application submitted by
16 defendant, Celtic Bank wired approximately $276,600 in fraudulently-
17 obtained PPP loan proceeds to the Redline Auto Mechanics Bank 2
18 Account, a Bank of America account controlled by defendant using the
19 alias “Anton Kudiumov.”
20 Defendant also used the name “Artashes Grigoryan” to submit
21 fraudulent PPP and EIDL loan applications. On or about April 8,
22 2020, defendant, knowingly and with the intent to defraud, submitted
23 to the SBA an application for an EIDL loan in the amount of $150,000
24 on behalf of “G&A Diamonds,” which identified “Artashes Grigoryan” as
25 the owner of G&A Diamonds (the “G&A Diamonds EIDL Application”). The
26 G&A Diamonds EIDL Application included the following false
27 representations and certifications: (a) that G&A Diamonds had 5
28
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1 employees, including employees for whom it had paid wages and payroll
2 taxes; and (b) that G&A Diamonds would use the loan proceeds for
3 permissible business purposes. In fact, G&A Diamonds had no
4 employees and the loan proceeds were used for impermissible non-
5 business purposes. On or about June 16, 2020, in reliance on
6 defendant’s false representations in the G&A Diamonds EIDL
7 Application, the SBA wired $149,900 to a G&A Diamonds account at U.S.
8 Bank.
9 Defendant also submitted fraudulent EIDL and PPP loan
10 applications to federally insured financial institutions and the SBA
11 using the name “Anna Manukyan.” Defendant agrees that these
12 fraudulent applications, which caused a total intended loss of
13 $3,398,282, as described in the table below, were all part of the
14 same course of conduct and common scheme and plan as the bank fraud
15 charged in count nineteen.
16 //
17 //
18 //
19 //
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 16 of 27 Page ID #:4838
Company Applicant Amount Lender Status Advance
1 Fadehaus Anton
$ 150,000 SBA Disbursed $ 10,000
Barbershop Kudiumov
2 Fadehaus Anton
$ 182,637 WebBank Cancelled
Barbershop Kudiumov
3 Nelson's Anton
$ 49,000 SBA Disbursed $ 7,000
Nursery Kudiumov
Redline Auto Anton
4 Mechanics Kudiumov
$ 150,000 SBA Disbursed $ 7,000
Redline Auto Anton Celtic
5 $ 276,600 Disbursed
Mechanics Inc. Kudiumov Bank
Anton
TM Events Inc. $ 276,600 Newtek Disbursed
6 Kudiumov
Anton
TM Events Inc. $ 150,000 SBA Disbursed $ 7,000
Kudiumov
7 Cross
Manukyan Anna
$ 131,195 River Disbursed
8 Construction Manukyan
Bank
Manukyan Anna Celtic
$ 131,195 Cancelled
9 Construction Manukyan Bank
Artashes
G&A Diamonds $ 145,000 SBA Disbursed
Grigoryan
10
Cross
Artashes
G&A Diamonds $ 113,750 River Disbursed
11 Grigoryan
Bank
Apex Health and
Anna
12 Safety
Manukyan
$ 150,000 SBA Funded $ 10,000
Consultants
13 Greenshop Hydro Anna
$ 150,000 SBA Funded $ 10,000
Inc Manukyan
Manukyan Anna
14 Construction Manukyan
$ 150,000 SBA Funded $ 10,000
Runyan Tax Viktoria Seattle
$ 276,653 Disbursed
15 Service, Inc Kauichko Bank
Journeymen Viktoria
$ 150,000 SBA Disbursed $ 8,000
16 Construction Kauichko
Fiber One Viktoria
$ 150,000 SBA Disbursed $ 10,000
Media, Inc. Kauichko
17 Fiber One Viktoria
$ 276,652 WebBank Cancelled
Media, Inc. Kauichko
18 Fiber One Viktoria Celtic
$ 130,000 Cancelled
Media, Inc. Kauichko Bank
19 Fiber One Viktoria
$ 130,000
Ready
Disbursed
Media, Inc. Kauichko Capital
20
21 SENTENCING FACTORS
22 16. Defendant understands that in determining defendant’s
23 sentence the Court is required to calculate the applicable Sentencing
24 Guidelines range and to consider that range, possible departures
25 under the Sentencing Guidelines, and the other sentencing factors set
26 forth in 18 U.S.C. § 3553(a). Defendant understands that the
27 Sentencing Guidelines are advisory only, that defendant cannot have
28 any expectation of receiving a sentence within the calculated
16
Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 17 of 27 Page ID #:4839
1 Sentencing Guidelines range, and that after considering the
2 Sentencing Guidelines and the other § 3553(a) factors, the Court will
3 be free to exercise its discretion to impose any sentence it finds
4 appropriate up to the maximum set by statute for the crimes of
5 conviction.
6 17. Defendant and the United States agree to the following
7 Sentencing Guidelines factors apply to Count Nineteen:
8 Base Offense Level: 7 U.S.S.G. § 2B1.1(a)
9 Specific Offense
Characteristics
10
Loss $1.5M > $3.5M +16 U.S.S.G. § 2B1.1(b)(1)(F)
11
12 Sophisticated Means +2 U.S.S.G. § 2B1.1(b)(10)
13
The United States will agree to a two-level downward adjustment for
14
acceptance of responsibility (and, if applicable, move for an
15
additional one-level downward adjustment under U.S.S.G. § 3E1.1(b))
16
only if the conditions set forth in paragraph 4 are met. Subject to
17
paragraph 31 below, defendant and the United States agree not to
18
seek, argue, or suggest in any way, either orally or in writing, that
19
any other specific offense characteristics, adjustments, or
20
departures relating to the offense level be imposed. Defendant
21
agrees, however, that the United States would be free to seek the
22
enhancement set forth in U.S.S.G. § 3C1.1 for obstruction of justice.
23
18. Defendant understands that there is no agreement as to
24
defendant’s criminal history or criminal history category.
25
19. Defendant and the United States reserve the right to argue
26
for a sentence outside the sentencing range established by the
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 18 of 27 Page ID #:4840
1 Sentencing Guidelines based on the factors set forth in 18 U.S.C.
2 § 3553(a)(1), (a)(2), (a)(3), (a)(6), and (a)(7).
3 WAIVER OF CONSTITUTIONAL RIGHTS
4 20. Defendant understands that by pleading guilty, defendant
5 gives up the following rights:
6 a. The right to persist in a plea of not guilty.
7 b. The right to a speedy and public trial by jury.
8 c. The right to be represented by counsel –- and if
9 necessary have the Court appoint counsel -- at trial. Defendant
10 understands, however, that, defendant retains the right to be
11 represented by counsel –- and if necessary have the Court appoint
12 counsel –- at every other stage of the proceeding.
13 d. The right to be presumed innocent and to have the
14 burden of proof placed on the government to prove defendant guilty
15 beyond a reasonable doubt.
16 e. The right to confront and cross-examine witnesses
17 against defendant.
18 f. The right to testify and to present evidence in
19 opposition to the charges, including the right to compel the
20 attendance of witnesses to testify.
21 g. The right not to be compelled to testify, and, if
22 defendant chose not to testify or present evidence, to have that
23 choice not be used against defendant.
24 h. Any and all rights to pursue any affirmative defenses,
25 Fourth Amendment or Fifth Amendment claims, and other pretrial
26 motions that have been filed or could be filed.
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 19 of 27 Page ID #:4841
1 WAIVER OF APPEAL OF CONVICTION
2 21. Defendant understands that, with the exception of an appeal
3 based on a claim that defendant’s guilty pleas were involuntary, by
4 pleading guilty defendant is waiving and giving up any right to
5 appeal defendant’s convictions on the offenses to which defendant is
6 pleading guilty. Defendant understands that this waiver includes,
7 but is not limited to, arguments that the statutes to which defendant
8 is pleading guilty are unconstitutional, and any and all claims that
9 the statement of facts provided herein is insufficient to support
10 defendant’s pleas of guilty.
11 LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE
12 22. Defendant agrees that, provided the Court, before the
13 imposition of the mandatory consecutive sentence of 24 months’
14 imprisonment on count twenty-three, imposes a term of imprisonment
15 within or below the range corresponding to an offense level of 24 and
16 the criminal history category calculated by the Court, defendant
17 gives up the right to appeal all of the following: (a) the procedures
18 and calculations used to determine and impose any portion of the
19 sentence; (b) the term of imprisonment imposed by the Court; (c) the
20 fine imposed by the Court, provided it is within the statutory
21 maximum; (d) to the extent permitted by law, the constitutionality or
22 legality of defendant’s sentence, provided it is within the statutory
23 maximum; (e) the amount and terms of any restitution order, provided
24 it requires payment of no more than $3,398,282; (f) the term of
25 probation or supervised release imposed by the Court, provided it is
26 within the statutory maximum; and (g) any of the following conditions
27 of probation or supervised release imposed by the Court: the
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 20 of 27 Page ID #:4842
1 conditions set forth in Second Amended General Order 20-04 of this
2 Court; the drug testing conditions mandated by 18 U.S.C.
3 §§ 3563(a)(5) and 3583(d); and the alcohol and drug use conditions
4 authorized by 18 U.S.C. § 3563(b)(7).
5 23. The United States agrees that, provided (a) all portions of
6 the sentence are at or below the statutory maximum specified above,
7 and (b) before imposition of the mandatory consecutive sentence of 24
8 months’ on count twenty-three, the Court imposes a term of
9 imprisonment within or above the range corresponding to an offense
10 level of 24 and the criminal history category calculated by the
11 Court, the United States gives up its right to appeal any portion of
12 the sentence, with the exception that the United States reserves the
13 right to appeal the amount of restitution ordered if that amount is
14 less than $3,398,282.
15 24. Defendant also gives up any right to bring a post-
16 conviction collateral attack on the convictions or sentence,
17 including any order of restitution, except a post-conviction
18 collateral attack based on a claim of ineffective assistance of
19 counsel, a claim of newly discovered evidence, or an explicitly
20 retroactive change in the applicable Sentencing Guidelines,
21 sentencing statutes, or statutes of conviction. Defendant
22 understands that this waiver includes, but is not limited to,
23 arguments that the statutes to which defendant is pleading guilty are
24 unconstitutional, and any and all claims that the statement of facts
25 provided herein is insufficient to support defendant’s pleas of
26 guilty.
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 21 of 27 Page ID #:4843
1 RESULT OF WITHDRAWAL OF GUILTY PLEA
2 25. Defendant agrees that if, after entering guilty pleas
3 pursuant to this agreement, defendant seeks to withdraw and succeeds
4 in withdrawing either or both of defendant’s guilty pleas on any
5 basis other than a claim and finding that entry into this plea
6 agreement was involuntary, then (a) the United States will be
7 relieved of all of its obligations under this agreement; and
8 (b) should the United States choose to pursue any charge that was
9 either dismissed or not filed as a result of this agreement, then
10 (i) any applicable statute of limitations will be tolled between the
11 date of defendant’s signing of this agreement and the filing
12 commencing any such action; and (ii) defendant waives and gives up
13 all defenses based on the statute of limitations, any claim of pre-
14 indictment delay, or any speedy trial claim with respect to any such
15 action, except to the extent that such defenses existed as of the
16 date of defendant’s signing this agreement.
17 RESULT OF VACATUR, REVERSAL OR SET-ASIDE
18 26. Defendant agrees that if either count of conviction is
19 vacated, reversed, or set aside, the United States may: (a) ask the
20 Court to resentence defendant on the remaining count of conviction,
21 with both the United States and defendant being released from any
22 stipulations regarding sentencing contained in this agreement,
23 (b) ask the Court to void the entire plea agreement and vacate
24 defendant’s guilty pleas on the remaining count of conviction, with
25 both the United States and defendant being released from all their
26 obligations under this agreement, or (c) leave defendant’s remaining
27 conviction, sentence, and plea agreement intact. Defendant agrees
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 22 of 27 Page ID #:4844
1 that the choice among these three options rests in the exclusive
2 discretion of the United States.
3 EFFECTIVE DATE OF AGREEMENT
4 27. This agreement is effective upon signature and execution of
5 all required certifications by defendant, defendant’s counsel, and an
6 Assistant United States Attorney.
7 BREACH OF AGREEMENT
8 28. Defendant agrees that if defendant, at any time after the
9 effective date of this agreement, knowingly violates or fails to
10 perform any of defendant’s obligations under this agreement (“a
11 breach”), the United States may declare this agreement breached. All
12 of defendant’s obligations are material, a single breach of this
13 agreement is sufficient for the United States to declare a breach,
14 and defendant shall not be deemed to have cured a breach without the
15 express agreement of the United States in writing. If the United
16 States declares this agreement breached, and the Court finds such a
17 breach to have occurred, then: (a) if defendant has previously
18 entered guilty pleas pursuant to this agreement, defendant will not
19 be able to withdraw the guilty pleas, and (b) the United States will
20 be relieved of all its obligations under this agreement.
21 29. Following the Court’s finding of a knowing breach of this
22 agreement by defendant, should the United States choose to pursue any
23 charge that was either dismissed or not filed as a result of this
24 agreement, then:
25 a. Defendant agrees that any applicable statute of
26 limitations is tolled between the date of defendant’s signing of this
27 agreement and the filing commencing any such action.
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 23 of 27 Page ID #:4845
1 b. Defendant waives and gives up all defenses based on
2 the statute of limitations, any claim of pre-indictment delay, or any
3 speedy trial claim with respect to any such action, except to the
4 extent that such defenses existed as of the date of defendant’s
5 signing this agreement.
6 c. Defendant agrees that: (i) any statements made by
7 defendant, under oath, at the guilty plea hearing (if such a hearing
8 occurred prior to the breach); (ii) the agreed to factual basis
9 statement in this agreement; and (iii) any evidence derived from such
10 statements, shall be admissible against defendant in any such action
11 against defendant, and defendant waives and gives up any claim under
12 the United States Constitution, any statute, Rule 410 of the Federal
13 Rules of Evidence, Rule 11(f) of the Federal Rules of Criminal
14 Procedure, or any other federal rule, that the statements or any
15 evidence derived from the statements should be suppressed or are
16 inadmissible.
17 COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES
18 OFFICE NOT PARTIES
19 30. Defendant understands that the Court and the United States
20 Probation and Pretrial Services Office are not parties to this
21 agreement and need not accept any of the United States’ sentencing
22 recommendations or the parties’ agreements to facts or sentencing
23 factors.
24 31. Defendant understands that both defendant and the United
25 States are free to: (a) supplement the facts by supplying relevant
26 information to the United States Probation and Pretrial Services
27 Office and the Court, (b) correct any and all factual misstatements
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 24 of 27 Page ID #:4846
1 relating to the Court’s Sentencing Guidelines calculations and
2 determination of sentence, and (c) argue on appeal and collateral
3 review that the Court’s Sentencing Guidelines calculations and the
4 sentence it chooses to impose are not error, although each party
5 agrees to maintain its view that the calculations in paragraph 17 are
6 consistent with the facts of this case. While this paragraph permits
7 both the United States and defendant to submit full and complete
8 factual information to the United States Probation and Pretrial
9 Services Office and the Court, even if that factual information may
10 be viewed as inconsistent with the facts agreed to in this agreement,
11 this paragraph does not affect defendant’s and the United States’
12 obligations not to contest the facts agreed to in this agreement.
13 32. Defendant understands that even if the Court ignores any
14 sentencing recommendation, finds facts or reaches conclusions
15 different from those agreed to, and/or imposes any sentence up to the
16 maximum established by statute, defendant cannot, for that reason,
17 withdraw defendant’s guilty pleas, and defendant will remain bound to
18 fulfill all defendant’s obligations under this agreement. Defendant
19 understands that no one –- not the prosecutor, defendant’s attorney,
20 or the Court –- can make a binding prediction or promise regarding
21 the sentence defendant will receive, except that it will be within
22 the statutory maximum.
23 NO ADDITIONAL AGREEMENTS
24 33. Defendant understands that, except as set forth herein,
25 there are no promises, understandings, or agreements between the
26 United States and defendant or defendant’s attorney, and that no
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 25 of 27 Page ID #:4847
1 additional promise, understanding, or agreement may be entered into
2 unless in a writing signed by all parties or on the record in court.
3 'PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING
4 34. The parties agree that this agreement will be considered
5 part of the record of defendant's guilty plea hearing as if the
6 entire agreement had been read into the record of the proceeding.
7 AGREED AND ACCEPTED
8 UNITED STATES ATTORNEY'S OFFICE
FOR THE CENTRAL DISTRICT OF
9 CALIFORNIA
10 TRACY L. WILKISON
Acting United States Attorney
11
12
June 7, 2021
13
Date
14 SCOTT PAETTY
BRIAN FAERSTEIN
15 Assistant United States Attorneys
16 CHRISTOPHER FENTON
Trial Attorney, DOJ Fraud Section
17
18
19
~IGORYAN
20 Defendant
,.., 1
L..L
22
23 Date
Attorney for Defendant MANUK
24 GRIGORYAN
25
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 26 of 27 Page ID #:4848
1 CERTIFICATION OF DEFENDANT
2 I have read this agreement in its entirety. I have had enough
3 time to review and consider this agreement, and I have carefully and
4 thoroughly discussed every part of it with my attorney. I understand
5 the terms of this agreement, and I voluntarily agree to those terms.
6 I have discussed the evidence with my attorney, and my attorney has
7 advised me of my rights, of possible pretrial motions that might be
8 filed, of possible defenses that might be asserted either prior to or
9 at trial, of the sentencing factors set forth in 18 U.S.C. § 3553(a),
10 of relevant Sentencing Guidelines provisions, and of the consequences
11 of entering into this agreement. No promises, inducements, or
12 representations of any kind have been made to me other than those
13 contained in this agreement. No one has threatened or forced me in
14 any way to enter into this agreement. I am satisfied with the
15 representation of my attorney in this matter, and I am pleading
16 guilty because I am guilty of the charges and wish to take advantage
17 of the promises set forth in this agreement, and not for any other
18 reason.
19
20
21 MANUK GRIGORYAN
Defendant
22
23 CERTIFICATION OF DEFENDANT'S ATTORNEY
24 I am MANUK GRIGORYAN's attorney. I have carefully and
25 thoroughly discussed every part of this agreement with my client.
26 Further, I have fully advised my client of his rights, of possible
27 pretrial motions that might be filed, of possible defenses that might
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Case 2:20-cr-00579-SVW Document 436 Filed 06/07/21 Page 27 of 27 Page ID #:4849
1 be asserted either prior to or at trial, of the sentencing factors
2 set forth in 18 U.S.C. § 3553(a), of relevant Sentencing Guidelines
3 provisions, and of the consequences of entering into this agreement.
4 To my knowledge: no promises, inducements, or representations of any
5 kind have been made to my client other than those contained in this
6 agreement; no one has threatened or forced my client in any way to
7 enter into this agreement; my client's decision to enter into this
8 agreement is an informed and voluntary one; and the factual basis set
9 forth in this agreement is sufficient to support my client's entry of
10 guilty pleas pursuant to this agreement.
11
12
13 Date
Attorney for Defendant MANUK
14 GRI GORYAN
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