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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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Cite this document

“Plea Agreement for Defendant Manuk Grigoryan (Document 436).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-c-d-cal-no-2-20-cr-00579-dkt-436-c-d-cal-c7e5084494/, SHA-256 5dc209e2f27722b1a6a9d0cd56f7744aa85391758f173221701f1cad6b8a4f80.

Full text

     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
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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
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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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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
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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

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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

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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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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
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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.
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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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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

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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
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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

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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

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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    //

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           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
27

28
                                             17
     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.

27

28
                                             18
     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

28
                                             19
     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.

27

28
                                             20
     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

28
                                             21
     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.

28
                                             22
     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

28
                                             23
     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

27

28
                                             24
     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

26

27

28
                                             25
 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

28
                                          26
     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

15

16

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