Government's Application for Preliminary Orders of Forfeiture as to Tamara Dadyan (Document 863)
Summary
Government's Application for Preliminary Orders of Forfeiture Pursuant to Plea Agreement as to Defendant Tamara Dadyan, filed August 6, 2021 as Document 863 in No. CR 20-00579-SVW-4, with a sentencing hearing listed for 10/18/21. The government asks the Court to enter lodged Preliminary Orders of Forfeiture under Rule 32.2(b) for property she agreed to forfeit: $12,520.00 in U.S. Currency seized in a November 5, 2020 search, $3,032.23 and $189,430.85 in bank funds, and real property, including a residence in Tarzana, California. It argues the plea agreement establishes the nexus and that forfeiture must be pronounced at sentencing and included in the judgment.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Government's Application for Preliminary Orders of Forfeiture as to Tamara Dadyan (Document 863).”
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Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 1 of 14 Page ID #:15263
1 TRACY L. WILKISON
Acting United States Attorney
2 SCOTT M. GARRINGER
Assistant United States Attorney
3 Chief, Criminal Division
STEVEN R. WELK
4 Assistant United States Attorney
Chief, Asset Forfeiture Section
5 BRENT A. WHITTLESEY (Cal. Bar No. 73493)
Assistant United States Attorney
6 Asset Forfeiture Section
1400 United States Courthouse
7 312 North Spring Street
Los Angeles, California 90012
8 Telephone: (213) 894-5421
Facsimile: (213) 894-0142
9 E-mail: brent.whittlesey@usdoj.gov
10 Attorneys for Plaintiff
United States of America
11
UNITED STATES DISTRICT COURT
12
FOR THE CENTRAL DISTRICT OF CALIFORNIA
13
WESTERN DIVISION
14
15 UNITED STATES OF AMERICA, No. CR 20-00579-SVW-4
16 Plaintiff, GOVERNMENT'S APPLICATION FOR
PRELIMINARY ORDERS OF
17 v. FORFEITURE PURSUANT TO PLEA
AGREEMENT AS TO DEFENDANT
18 RICHARD AYVAZYAN, TAMARA DADYAN
Aka “Richard Avazian” and
19 “Iuliia Zhadko,” et al. Sentencing Hearing
20 Date: 10/18/21
Defendants. Time: 11:00 a.m.
21 Courtroom: 10A
22
23
24
25 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
26 Plaintiff United States of America hereby applies for
27 issuance of a Preliminary Orders of Forfeiture (“POFs”) lodged
28
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 2 of 14 Page ID #:15264
1 contemporaneously herewith,1 pursuant to Fed. R. Crim. P. 32.2(b)
2 and the Plea Agreement filed in this case, as to the real and
3 personal property (the “Forfeitable Property”)that defendant
4 Tamara Dadyan (“Dadyan”) has agreed to forfeit to the United
5 States of America:
6 a. $12,520.00 in U.S. Currency seized during the
7 execution of a federal search warrant on November 5, 2020, in
8 Encino, California, at the residence of defendants Dadyan and
9 Artur Ayvazyan (“A. Ayvazyan”);
10
b. $3,032.23 in bank funds seized pursuant to a federal
11
seizure warrant executed on or about January 22, 2021, from Bank
12
of the West account ending in ‘0531 in the name of Dadyan;
13
c. $189,430.85 in bank funds seized pursuant to a federal
14
seizure warrant executed on or about January 22, 2021, from Bank
15
of the West account ending in ‘5682 in the name of Proactive
16
Home Health Care Inc.;
17
d. The real property located at 4910 Topeka Drive,
18
Tarzana, California, APN: 2176-029-031, more particularly
19
20 described as:
21 DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE
22 COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS
23 DESCRIBED AS FOLLOWS:
24 PARCEL 1:
25
26
27 1 The government has lodged a total of four POFs – one for each of the three
real properties described below and one for the remaining assets. Individual
28 POFs are required for each parcel of real property because orders purporting
to effect title to multiple parcels of real property cannot be recorded.
2
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 3 of 14 Page ID #:15265
1 THOSE PORTIONS OF LOT 71 and 72 OF TRACT 2605, IN THE CITY
2 OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
3 AS PER MAP RECORDED IN BOOK 27 PAGE 55 ET SEQ. OF MAPS, AND
4 THAT PORTION OF PARCEL "A” OF PARCEL MAP L.A. NO. 2015 AS
5
PER MAP FILED IN BOOK 32 PAGE 19 OF PARCEL MAPS, IN THE
6
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
7
FOLLOWS:
8
BEGINNING AT A POINT IN THE CENTERLINE OF TOPEKA DRIVE, 40
9
FEET WIDE, AS SHOWN ON SAID MAP, DISTANT THEREON SOUTH 15°
10
10' 00" WEST 178.55 FEET FROM THE NORTHEASTERLY TERMINUS OF
11
THAT CERTAIN COURSE IN THE CENTERLINE OF TOPEKA DRIVE SHOWN
12
ON SAID MAP AS HAVING A BEARING OF NORTH 15° 10' 00" EAST
13
AND LENGTH OP 1055.19 FEET;
14
15 THENCE SOUTH 74° 50' 00" EAST 56.09 FEET TO THE BEGINNING
16 OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A
17 RADIUS OF 129.86 FEET;
18 THENCE EASTERLY ALONG SAID CURVE 128.40 FEET; TO THE TRUE
19 POINT OF BEGINNING;
20 THENCE TANGENT TO SAID CURVE NORTH 48° 30' 50" EAST 147.14
21 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE
22 SOUTHEAST, HAVING A RADIUS OF 100.05 FEET;
23 THENCE EASTERLY ALONG SAID CURVE, 125.14 FEET, A RADIAL
24 LINE TO SAID POINT BEARS NORTH 30° 10' 46" EAST;
25
THENCE NORTH 10° 52' 46" EAST 45.32 FEET;
26
THENCE SOUTH 84° 29' 18" EAST 182.82 FEET;
27
28
3
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 4 of 14 Page ID #:15266
1 THENCE SOUTH 04° 13' 10" WEST 195.63 FEET TO A POINT IN A
2 CURVE CONCAVE WESTERLY HAVING A RADIUS OF 175.31 FEET; A
3 RADIAL LINE TO SAID POINT BEARS NORTH 62° 22' 50” EAST;
4 THENCE CONTINUING EASTERLY AND SOUTHERLY ALONG SAID CURVE
5
THROUGH A CENTRAL ANGLE OF 50° 06' 30" AN ARC DISTANCE OF
6
153.32 FEET;
7
THENCE TANGENT TO SAID CURVE SOUTH 22° 29' 20" WEST 63.38
8
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
9
NORTHWEST HAVING A RADIUS OF 375.00 FEET;
10
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
11
ANGLE OF 13° 52' 00" 90.76 FEET TO THE BEGINNING OF A
12
REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
13
161.89 FEET;
14
15 THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
16 ANGLE OF 17° 46' 00" 50.20 FEET TO THE BEGINNING OF A
17 REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
18 75.69 FEET;
19 THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE, THROUGH
20 A CENTRAL ANGLE OF 33° 58' 30" 44.88 FEET TO A POINT OF
21 CUSP IN THE NORTHERLY LINE OF SAID PARCEL "A" SAID
22 NORTHERLY LINE BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A
23 RADIUS OF 30.00'; A RADIAL LINE TO SAID POINT BEARS SOUTH
24 38° 26' 10" EAST;
25
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
26
116° 31' 20" AN ARC DISTANCE OF 61.01 FEET;
27
THENCE SOUTH 10° 54' 50" EAST 92.71 FEET;
28
THENCE SOUTH 80° 16' 17" WEST 20.00 FEET;
4
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 5 of 14 Page ID #:15267
1 THENCE NORTH 31° 28' 33" WEST 120.33 FEET;
2 THENCE NORTH 22° 17' 48" WEST 20.00 FEET TO THE BEGINNING
3 OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 55.69
4 FEET;
5
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
6
ANGLE OF 49° 06' 52" AN ARC DISTANCE OF 47.74 FEET TO THE
7
BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A
8
RADIUS OF 181.89 FEET;
9
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
10
ANGLE OF 17° 46' 00" AN ARC DISTANCE OF 56.40 FEET TO THE
11
BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A
12
RADIUS OF 355.00 FEET;
13
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
14
15 ANGLE OF 12° 45' 16" AN ARC DISTANCE OF 79.03 FEET;
16 THENCE NORTH 67° 12' 02" WEST 268.30 FEET;
17 THENCE NORTH 15° 10' 00" EAST 43.00 FEET;
18 THENCE NORTH 47° 02' 30" WEST 175.00 FEET TO THE TRUE POINT
19 OF BEGINNING.
20 PARCEL 2:
21 THE RIGHT OF INGRESS AND EGRESS FOR SAID PROPERTY OVER A
22 ROADWAY EASEMENT FROM TOPEKA DRIVE OVER THAT PORTION OF LOT
23 71, OF TRACT NO. 2605, IN THE CITY OF LOS ANGELES, COUNTY
24 OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
25
BOOK 27, PAGE 55, ET SEQ., OF MAPS, IN THE OFFICE OF THE
26
COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF
27
LAND 30.00 FEET IN WITH, LYING 15.00 FEET ON EACH SIDE OF
28
THE FOLLOWING DESCRIBED CENTER LINE:
5
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 6 of 14 Page ID #:15268
1 BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND CONVEYED
2 TO CIRELLA G. SMITH AND HUSBAND, BY DEED RECORDED JULY 8,
3 1943 AS INSTRUMENT NO. 118, IN BOOK 20132 PAGE 100,
4 OFFICIAL RECORDS, SAID CORNER BEING DISTANT 261.45 FEET
5
NORTHERLY FROM THE SOUTHWESTERLY CORNER OF LOT 71, SAID
6
TRACT 2605; THENCE NORMAL TO THE EASTERLY LINE OF TOPEKA
7
DRIVE, SOUTH 74° 50' 00” EAST 36.09 FEET TO THE BEGINNING
8
OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS
9
OF 129.86 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE,
10
128.40 FEET; THENCE TANGENT TO SAID CURVE, NORTH 48° 30'
11
50" EAST 147.14 FEET TO THE BEGINNING OF A TANGENT CURVE
12
CONCAVE SOUTHERLY, HAVING A RADIUS OF 100.05 FEET; THENCE
13
EASTERLY ALONG SAID CURVE, 144.70 FEET; THENCE TANGENT TO
14
15 SAID CURVE, SOUTH 48° 37' 10" EAST, 161.06 FEET TO THE
16 BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A
17 RADIUS OF 175.31 FEET, THENCE SOUTHERLY ALONG SAID CURVE,
18 217.57 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 22° 29'
19 20" WEST 42.15 FEET TO A POINT.
20 e. The real property located 834 Calle La Primavera,
21 Glendale, California, APN: 5663-036-33, more particularly
22 described as:
23 Parcel 1:
24 Lot 56 of Tract No. 45375, in the City of Glendale, County
25
of Los Angeles, State of California, as per map recorded in
26
Book 1128, Page(s) 55 to 63 inclusive of Maps, in the
27
office of the County Recorder of said County.
28
6
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 7 of 14 Page ID #:15269
1 Except therefrom all oil and minerals in, on and under said
2 land as reserved by Benjamin Dreyfus in deeds recorded in
3 Book 101, Pages 551 and in Book 107, Page 447 both of
4 Deeds, in said Office of the County Recorder.
5
Parcel 2:
6
Non-exclusive easements for access, ingress, egress,
7
encroachments, maintenance, repair, drainage, support and
8
other purposes, all as described in the Master Declaration
9
recorded March 7, 1989 as Instrument No. 1989-354873 and
10
any amendments thereto.
11
f. The real property located at 74203 Anastacia Lane,
12
Palm Desert, California, APN: 684-331-008, more particularly
13
described as:
14
15 Parcel 1:
16 Lot 56 of Tract No. 45375, in the City of Glendale, County
17 of Los Angeles, State of California, as per map recorded in
18 Book 1128, Page(s) 55 to 63 inclusive of Maps, in the
19 office of the County Recorder of said County.
20 Except therefrom all oil and minerals in, on and under said
21 land as reserved by Benjamin Dreyfus in deeds recorded in
22 Book 101, Pages 551 and in Book 107, Page 447 both of
23 Deeds, in said Office of the County Recorder.
24 Parcel 2:
25
Non-exclusive easements for access, ingress, egress,
26
encroachments, maintenance, repair, drainage, support and
27
other purposes, all as described in the Master Declaration
28
7
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 8 of 14 Page ID #:15270
1 recorded March 7, 1989 as Instrument No. 1989-354873 and
2 any amendments thereto.
3 This application, which deals solely with the specific
4 property as to which forfeiture is sought (described in detail
5 above) is supported by defendant's guilty plea, the factual
6 basis stated during defendant’s plea proceeding, and the matters
7 set forth in the accompanying Memorandum of Points and
8 Authorities.
9 On July 30, 2021, government counsel e-mailed a copy of
10 this application and the proposed Preliminary Order of
11 Forfeiture to Fred G. Minassian, counsel for defendant Tamara
12 Dadyan, and requested that counsel inform the undersigned within
13 36 hours whether there would be any objection to entry of the
14 Preliminary Order of Forfeiture. As of August 6, 2021, Defense
15 counsel has not objected to the entry of the Preliminary Order
16 of Forfeiture.
17 DATED: August 6, 2021 Respectfully submitted,
18 TRACY L. WILKISON
Acting United States Attorney
19
SCOTT M. GARRINGER
20 Assistant United States Attorney
Chief, Criminal Division
21
22 /s/Brent A. Whittlesey
BRENT A. WHITTLESEY_
23 Assistant United States Attorney
Asset Forfeiture Section
24
Attorneys for Plaintiff
25 UNITED STATES OF AMERICA
26
27
28
8
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 9 of 14 Page ID #:15271
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION
3 Defendant Tamara Dadyan entered a plea of guilty to Counts
4 One, Twenty-four, and Twenty-six of the First Superseding
5 Indictment in this case, charging her with a violation of 18
6 U.S.C. § 1349 (conspiracy to commit wire fraud and bank fraud),
7 a violation of 18 U.S.C. § 1028A(a)(1) (aggravated identity
8 theft), and a violation of 18 U.S.C. § 1956(h) (conspiracy to
9 commit money laundering). Defendant received notice in the
10 First Superseding Indictment of the government’s intent to seek
11 forfeiture in the event of her conviction on Counts 1, 24, and
12 26. The requested entry of the POFs are supported by
13 defendant’s guilty plea because the Forfeitable Property
14 constitutes or is traceable to proceeds of defendant’s illegal
15 activities in violation of 18 U.S.C. §§ 1349, 1029A(a)(1),
16 1956(h), and is therefore subject to forfeiture pursuant to 18
17 U.S.C. §§ 982, 982(a)(2), and 1028. The forfeiture of
18 defendant’s interest in the Forfeitable Property, if any, shall
19 be final upon the Court’s entry of the proposed POFs, subject to
20 Defendant’s appeal of her conviction on Counts One, Twenty-four,
21 or Twenty-six. Fed. R. Crim. P. 32.2(b)(4)(A).
22 Pursuant to Rule 32.2(b), the government now applies for
23 the entry of the Preliminary Order of Forfeiture of the
24 Forfeitable Property (the proposed order is lodged
25 contemporaneously herewith). The government also requests that
26 the forfeiture of the Forfeitable Property be stated orally at
27 defendant’s sentencing and set forth in defendant’s Judgment and
28 Commitment Order.
9
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 10 of 14 Page ID #:15272
1 II. ARGUMENT
2 A. The Nexus Between Defendant's Crime and the
3 Forfeitable Property Has Been Established by the Plea Agreement
4 Rule 32.2 of the Federal Rules of Criminal Procedure
5 provides, in pertinent part:
6 As soon as practicable after entering a guilty verdict or
7 accepting a plea of guilty or nolo contendere on any count in an
8 indictment or information with regard to which criminal
9 forfeiture is sought, the court must determine whether the
10 government has established the requisite nexus between the
11 property and the offense. . . . The court's determination may be
12 based on . . . any written plea agreement . . . .
13 Fed. R. Crim. P. 32.2(b)(1). The Advisory Committee Notes for
14 this provision explain that for the preliminary order of
15 forfeiture, the court must determine "if the property was
16 subject to forfeiture under the applicable statute, e.g.,
17 whether the property represented the proceeds of the offense . .
18 . ." Advisory Committee Notes to Rule 32.2, subdivision (a)
19 (2000 Adoption). The standard of proof regarding the
20 forfeitability of property in a criminal case is preponderance
21 of the evidence. See United States v. Najjar, 300 F.3d 466,
22 485-86 (4th Cir. 2002); United States v. Shryock, 342 F.3d 948,
23 991 (9th Cir. 2003) (following Najjar); United States v.
24 DeFries, 129 F.3d 1293, 1312 (D.C. Cir. 1997); United States v.
25 Hernandez-Escarsega, 886 F.2d 1560, 1576-77 (9th Cir. 1989)
26 (interpreting language in 21 U.S.C. § 853); United States v.
27 Bieri, 21 F.3d 819 (8th Cir. 1994)(§ 853).
28 ///
10
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 11 of 14 Page ID #:15273
1 Thus, the only question before the Court in connection with
2 the requested entry of the proposed Preliminary Order is whether
3 the evidence before the Court is enough to establish by a
4 preponderance of the evidence that there is a nexus between the
5 specific property to be forfeited, and the offense to which
6 defendant pled guilty. See Rule 32.2(b)(1).
7 The existence or extent of third-party interests in the
8 specific property will be determined after the entry of the
9 preliminary order. See United States v. Lazarenko, 476
10 F.3d 642, 648 (9th Cir. 2007) (“Upon a finding that the property
11 involved is subject to forfeiture, a court must promptly enter a
12 preliminary order of forfeiture without regard to a third
13 party’s interests in the property.”). The preliminary order
14 should be entered promptly in order to avoid unnecessary delay
15 in the forfeiture process and resolve potential third party
16 rights. United States v. Yeje-Cabrera, 430 F.3d 1, 15 (1st Cir.
17 2005). The defendant need not be present when the preliminary
18 order is entered. United States v. Segal, 495 F.3d 826, 837-38
19 (7th Cir. 2007).
20 The government is not required to establish the defendant’s
21 ownership of the property either to seize it or to obtain a
22 preliminary order of forfeiture, and third parties are
23 prohibited from intervening in the criminal case, and cannot
24 complain that they have to wait for the ancillary proceeding to
25 assert their rights. Almeida v. United States, 459 F.3d 377,
26 381 (2d Cir. 2006); 18 U.S.C. § 1963(i). As explained in the
27 Advisory Committee Notes to Rule 32.2 (2000), the Rule was
28 revised with the intent to eliminate confusion over whether the
11
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 12 of 14 Page ID #:15274
1 extent of the defendant’s ownership interest should be
2 determined by the finder of fact. The new rule clarified that
3 the only question upon conviction or a guilty plea is whether
4 there is a nexus between the violation of which the defendant
5 has been convicted (or to which he has pled) and the property
6 sought - if there is, the court should enter an order forfeiting
7 “whatever interest a defendant may have in the property without
8 having to determine exactly what that interest is.”2 A
9 defendant cannot object to the entry of a preliminary order on
10 the ground that the property at issue does not belong to him.
11 United States v. Schlesinger, 396 F. Supp. 2d 267, 273 (E.D.N.Y.
12 2005).
13 Here, all the proof that is necessary is contained in the
14 defendant's written plea agreement.3 Defendant pled guilty to
15 Counts One, Twenty-four and Twenty-six of the First Superseding
16 Indictment. Therefore, the requirements of Rule 32.2(b) have
17 been met and the proposed Preliminary Orders should be entered.
18 ///
19
2Criminal forfeiture is part of the defendant’s sentence,
20 so it is available only if the defendant is convicted of the
21 underlying substantive offense. Lazarenko, supra. If the
defendant is convicted, his interest in the property must be
22 forfeited regardless of what that interest is, so it is not
necessary to determine the extent of the interest. The only
23 issues left to be determined concerning ownership are those of
24 non-defendant third parties, whose interests are determined in
the ancillary process. Only after that process is complete does
25 the government obtain a Final Order of Forfeiture.
26 3 The defendant’s admissions are more than sufficient to
establish forfeitability, but the Court is not required to find
27
a factual basis for the defendant’s agreement to criminal
28 forfeiture. See United States v. Ken Int’l Co., Ltd., 113 F.3d
1243, 1997 WL 229114, at *3 (9th Cir. 1997).
12
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 13 of 14 Page ID #:15275
1 B. The Mechanics of the Criminal Forfeiture
2 The Preliminary Order of Forfeiture becomes final as to the
3 defendant at the time of sentencing (or before sentencing, if
4 defendant consents). Rule 32.2(b)(3). After entry of the
5 preliminary order, the second phase of the forfeiture
6 proceedings may begin, to determine whether any third party
7 rights may exist in the specific property to be forfeited. Fed.
8 R. Crim. P. 32.2(c)(1).
9 Accordingly, the government respectfully requests that the
10 Court enter the proposed Preliminary Orders of Forfeiture lodged
11 contemporaneously herewith, authorizing the government to seize
12 the property subject to forfeiture (to the extent it has not
13 already done so) and to commence proceedings governing
14 third-party rights. Fed. R. Crim. P. 32.2(b)(3). The government
15 will publish notice generally. Following such notification and
16 completion of any necessary ancillary proceedings, the
17 government will submit, as appropriate, a final orders of
18 forfeiture pursuant to Fed. R. Crim. P. 32.2(c).
19 III. FORFEITURE MUST BE PRONOUNCED AT SENTENCING
20 At sentencing, pursuant to Rule 32.2(b)(3) of the Federal
21 Rules of Criminal Procedure, the "order of forfeiture becomes
22 final as to the defendant and shall be made a part of the
23 sentence and included in the judgment."
24 The Court must pronounce the forfeiture conditions orally
25 as part of the sentence imposed on the defendant, and must
26 include the forfeiture in the judgment and commitment order.
27 See United States v. Gaviria, 116 F.3d 1498, 1530 (D.C. Cir.
28 1997) (forfeiture portion of the defendant’s sentence must be
13
Case 2:20-cr-00579-SVW Document 863 Filed 08/06/21 Page 14 of 14 Page ID #:15276
1 announced in his presence pursuant to Fed. R. Crim. P. 43(a)).
2 The government recommends the following language be read to the
3 defendant and modified as necessary for inclusion in the
4 judgment and commitment order at the time of his sentencing:
5 Pursuant to 21 U.S.C. § 853 and Counts One, Twenty-
6 four and Twenty-six of the First Superseding
7 Indictment, defendant TAMARA DADYAN has forfeited all
8 of her right, title, and interest in the specific
9 property more particularly described in the
10 Preliminary Orders of Forfeiture entered on [date].
11 IV. CONCLUSION
12 For the foregoing reasons, the government respectfully
13 requests that the Court forthwith enter the proposed Preliminary
14 Orders of Forfeiture lodged herewith.
15 DATED: _August 6, 2021 Respectfully submitted
TRACY L. WILKISON
16 Acting United States Attorney
17 SCOTT M. GARRINGER
Assistant United States Attorney
18 Chief, Criminal Division
19
20 /s/Brent A. Whittlesey
BRENT A. WHITTLESEY_
21 Assistant United States Attorney
Asset Forfeiture Section
22
Attorneys for Plaintiff
23 UNITED STATES OF AMERICA
24
25
26
27
28
14
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