Plea Agreement for Defendant Arman Grigoryan (Document 6)
Summary
Plea Agreement for Defendant Arman Grigoryan, filed August 13, 2021 as Document 6 in No. CR 2:21-cr-00368-SB-1, between him and the United States Attorney's Office for the Central District of California. He agrees to plead guilty to Count One of the information, charging conspiracy to commit bank fraud under 18 U.S.C. § 1349, and the USAO agrees to move to dismiss the remaining counts at sentencing. The agreement states a statutory maximum of 30 years imprisonment and that the applicable restitution is at least $2,870,259. It includes a factual basis and a stipulated Guidelines base offense level of 7 with 16 levels added for a loss over $1.5MM.
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“Plea Agreement for Defendant Arman Grigoryan (Document 6).”
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Case 2:21-cr-00368-DMG Document 6 Filed 08/13/21 Page 1 of 15 Page ID #:12
1 TRACY L. WILKISON FILED
CLERK, U.S. DISTRICT COURT
Acting United States Attorney
2 SCOTT M. GARRINGER
Assistant United States Attorney 08/13/2021
3 Chief, Criminal Division CENTRAL DISTRICT OF CALIFORNIA
ANDREW BROWN (Cal. Bar No. 172009) JBB
BY: ___________________ DEPUTY
4 Assistant United States Attorney
Major Frauds Section
5 1100 United States Courthouse
312 North Spring Street
6 Los Angeles, California 90012
Telephone: (213) 894-0102
7 Facsimile: (213) 894-6269
E-mail: andrew.brown@usdoj.gov
8 Attorneys for Plaintiff
UNITED STATES OF AMERICA
9
10 UNITED STATES DISTRICT COURT
11 FOR THE CENTRAL DISTRICT OF CALIFORNIA
12 UNITED STATES OF AMERICA, No. CR 2:21-cr-00368-SB-1
13 Plaintiff, PLEA AGREEMENT FOR DEFENDANT
ARMAN GRIGORYAN
14 v.
15 ARMAN GRIGORYAN,
16 Defendant.
17
18 1. This constitutes the plea agreement between ARMAN
19 GRIGORYAN (“defendant”), and the United States Attorney’s Office for
20 the Central District of California (the “USAO”) in the above-
21 captioned case. This agreement is limited to the USAO and cannot
22 bind any other federal, state, local, or foreign prosecuting,
23 enforcement, administrative, or regulatory authorities.
24 DEFENDANT’S OBLIGATIONS
25 2. Defendant agrees to:
26 a) At the earliest opportunity requested by the USAO and
27 provided by the Court, appear and plead guilty to Count One of the
28
1
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1 information, which charges defendant with Conspiracy to Commit Bank
2 Fraud, in violation of 18 U.S.C. § 1349.
3 b) Not contest facts agreed to in this agreement.
4 c) Abide by all agreements regarding sentencing
5 contained in this agreement.
6 d) Appear for all court appearances, surrender as
7 ordered for service of sentence, obey all conditions of any bond,
8 and obey any other ongoing court order in this matter.
9 e) Not commit any crime; however, offenses that would be
10 excluded for sentencing purposes under United States Sentencing
11 Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are
12 not within the scope of this agreement.
13 f) Be truthful at all times with Pretrial Services, the
14 United States Probation Office, and the Court.
15 g) Pay the applicable special assessment at or before
16 the time of sentencing unless defendant lacks the ability to pay and
17 prior to sentencing submits a completed financial statement on a
18 form to be provided by the USAO.
19 h) Not bring a post-conviction collateral attack on the
20 conviction or sentence except a post-conviction collateral attack
21 based on a claim of ineffective assistance of counsel.
22 i) Not move to withdraw defendant's guilty plea.
23 j) Not file a notice of appeal, unless the term of
24 imprisonment imposed exceeds ten years.
25 k) Not oppose the government’s request that defendant’s
26 supervised release include the following suspicionless search
27 conditions:
28
2
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1 Defendant shall submit defendant’s person and any
property, residence, vehicle, papers, computer, other
2 electronic communication or data storage devices or media,
and effects to search and seizure at any time of the day
3 or night by any law enforcement or probation officer, with
or without a warrant, and with or without cause.
4
If stopped or questioned by a law enforcement officer for
5 any reason, defendant shall notify that officer that
defendant is on federal supervised release and subject to
6 search with or without cause.
7
l) Fill out and deliver to the USAO a completed
8
financial statement listing defendant’s assets on a form provided by
9
the USAO.
10
THE USAO’S OBLIGATIONS
11
3. The USAO agrees to:
12
a) Not contest facts agreed to in this agreement.
13
b) At the time of sentencing, move to dismiss the
14
remaining counts of the information as against defendant. Defendant
15
understands, however, that at the time of sentencing the Court may
16
consider any dismissed charges in determining the applicable
17
Sentencing Guidelines range, the propriety and extent of any
18
departure from that range, and the sentence to be imposed.
19
NATURE OF THE OFFENSE
20
4. Defendant understands that for defendant to be guilty of
21
conspiracy to commit bank fraud, in violation of Title 18, United
22
States Code, Section 1349, the following must be true: First,
23
during the time period alleged in the information there was an
24
agreement between two or more persons to commit bank fraud; Second,
25
defendant became a member of the conspiracy knowing of its object
26
and intending to help accomplish it. The elements of bank fraud, in
27
turn, are as follows: First, defendant knowingly carried out a
28
3
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1 scheme or plan to obtain money or property from a financial
2 institution by making false statements or promises; Second,
3 defendant knew that the statements or promises were false; Third,
4 the statements or promises were material, that is, they had a
5 natural tendency to influence, or were capable of influencing, a
6 financial institution to part with money or property; Fourth, the
7 defendant acted with the intent to defraud; and Fifth, the financial
8 institution was federally insured.
9 PENALTIES AND RESTITUION
10 5. Defendant understands that the statutory maximum sentence
11 that the Court can impose for a violation of Title 18, United States
12 Code, Sections 1349, 1344, is: 30 years imprisonment; a five-year
13 period of supervised release; a fine of $1,000,000, or twice the
14 gross gain or loss, whichever is greatest; and a mandatory special
15 assessment of $100.
16 6. Defendant understands that supervised release is a period
17 of time following imprisonment during which defendant will be
18 subject to various restrictions and requirements. Defendant
19 understands that if defendant violates one or more of the conditions
20 of any supervised release imposed, defendant may be returned to
21 prison for all or part of the term of supervised release authorized
22 by statute for the offense that resulted in the term of supervised
23 release, which could result in defendant serving a total term of
24 imprisonment greater than the statutory maximum stated above.
25 7. Defendant understands that, by pleading guilty, defendant
26 may be giving up valuable government benefits and valuable civic
27 rights, such as the right to vote, the right to possess a firearm,
28 the right to hold office, and the right to serve on a jury.
4
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1 Defendant understands that once the court accepts defendant’s guilty
2 plea, it will be a federal felony for defendant to possess a firearm
3 or ammunition. Defendant understands that the conviction in this
4 case may also subject defendant to various other collateral
5 consequences, including but not limited to revocation of probation,
6 parole, or supervised release in another case and suspension or
7 revocation of a professional license. Defendant understands that
8 unanticipated collateral consequences will not serve as grounds to
9 withdraw defendant’s guilty plea.
10 8. Defendant understands that defendant will be required to
11 pay full restitution to the victims of the offense to which
12 defendant is pleading guilty. Defendant agrees that, in return for
13 the USAO’s compliance with its obligations under this agreement, the
14 Court may order restitution to persons other than the victims of the
15 offenses to which defendant is pleading guilty and in amounts
16 greater than those alleged in the count to which defendant is
17 pleading guilty. In particular, defendant agrees that the Court may
18 order restitution to any victim of any of the following for any
19 losses suffered by that victim as a result: (a) any relevant
20 conduct, as defined in U.S.S.G. § 1B1.3, in connection with the
21 offenses to which defendant is pleading guilty; and (b) any counts
22 dismissed and charges not prosecuted pursuant to this agreement as
23 well as all relevant conduct, as defined in U.S.S.G. § 1B1.3, in
24 connection with those counts and charges. The parties agree that
25 the applicable amount of restitution is at least $2,870,259.
26 FACTUAL BASIS
27 9. Defendant admits that defendant is, in fact, guilty of the
28 offenses to which defendant is agreeing to plead guilty. Defendant
5
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1 and the USAO agree to the statement of facts provided below and
2 agree that this statement of facts is sufficient to support a plea
3 of guilty to the charges described in this agreement and to
4 establish the Sentencing Guidelines factors set forth below but is
5 not meant to be a complete recitation of all facts relevant to the
6 underlying criminal conduct or all facts known to either party that
7 relate to that conduct.
8 Beginning in 2020, and continuing through September 28, 2020,
there was an agreement between two or more persons to commit
9
bank fraud. Defendant became a member of that conspiracy
10 knowing of its object and intending to help accomplish it. In
furtherance of the conspiracy, defendant and his co-
11 conspirators obtained the identifying information of others,
and used those identities to apply through banks for CARES Act
12 relief funds for businesses that did not, in fact, exist,
falsely claiming the businesses had large payrolls. After he
13 received the CARES Act loans, defendant transferred the funds
14 to his co-conspirators by writing checks and wiring funds to
other bank accounts of sham businesses they controlled.
15 Defendant used the identity of Nigora Abdurakhimova to obtain a
PPP Loan through Bank of America of $879,852 for the non-
16 existent business European Cabinets Direct by submitting
counterfeit tax documents. Also in furtherance of the
17 conspiracy, defendant applied for unemployment benefits in the
18 names of the identities he acquired, and used Bank of America-
issued debit cards to withdraw those benefits in cash. Bank of
19 America is a federally-insured financial institution. The
actual losses defendant caused through this conspiracy are at
20 least $2,870,259.
21 SENTENCING FACTORS
22 10. Defendant understands that in determining defendant’s
23 sentence the Court is required to calculate the applicable
24 Sentencing Guidelines range and to consider that range, possible
25 departures under the Sentencing Guidelines, and the other sentencing
26 factors set forth in 18 U.S.C. § 3553(a). Defendant understands
27 that the Sentencing Guidelines are advisory only, that defendant
28 cannot have any expectation of receiving a sentence within the
6
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1 calculated Sentencing Guidelines range, and that after considering
2 the Sentencing Guidelines and the other § 3553(a) factors, the Court
3 will be free to exercise its discretion to impose any sentence it
4 finds appropriate up to the maximum set by statute for the crimes of
5 conviction.
6 11. Defendant and the USAO agree to the following applicable
7 Sentencing Guidelines factors:
8 Base Offense Level: 7 U.S.S.G. § 2B1.1(a)(1)
9 Loss over $1.5MM: +16 U.S.S.G. § 2B1.1(b)(1)
10 Defendant and the USAO reserve the right to argue that additional
11 specific offense characteristics, adjustments, and departures under
12 the Sentencing Guidelines are appropriate.
13 12. Defendant understands that there is no agreement as to
14 defendant’s criminal history score or category.
15 13. Defendant and the USAO reserve the right to argue for a
16 sentence outside the sentencing range established by the Sentencing
17 Guidelines based on the factors set forth in 18 U.S.C. § 3553(a)(1),
18 (a)(2), (a)(3), (a)(6), and (a)(7).
19 WAIVER OF CONSTITUTIONAL RIGHTS
20 14. Defendant understands that by pleading guilty, defendant
21 gives up the following rights:
22 a) The right to persist in a plea of not guilty.
23 b) The right to a speedy and public trial by jury.
24 c) The right to be represented by counsel – and if
25 necessary have the court appoint counsel - at trial. Defendant
26 understands, however, that, defendant retains the right to be
27 represented by counsel – and if necessary have the court appoint
28 counsel – at every other stage of the proceeding.
7
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1 d) The right to be presumed innocent and to have the
2 burden of proof placed on the government to prove defendant guilty
3 beyond a reasonable doubt.
4 e) The right to confront and cross-examine witnesses
5 against defendant.
6 f) The right to testify and to present evidence in
7 opposition to the charges, including the right to compel the
8 attendance of witnesses to testify.
9 g) The right not to be compelled to testify, and, if
10 defendant chose not to testify or present evidence, to have that
11 choice not be used against defendant.
12 h) Any and all rights to pursue any affirmative
13 defenses, Fourth Amendment or Fifth Amendment claims, and other
14 pretrial motions that have been filed or could be filed.
15 LIMITED WAIVER OF DISCOVERY
16 15. In exchange for the government's obligations under this
17 agreement, defendant gives up any right he may have had to review
18 any additional discovery.
19 WAIVER OF APPEAL OF CONVICTION
20 16. Defendant understands that, with the exception of an
21 appeal based on a claim that defendant’s guilty pleas were
22 involuntary, by pleading guilty defendant is waiving and giving up
23 any right to appeal defendant’s convictions on the offenses to which
24 defendant is pleading guilty.
25 LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE
26 17. Defendant agrees that, provided the Court imposes a term
27 of imprisonment of no more than ten years, defendant gives up the
28 right to appeal all of the following: (a) the procedures and
8
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1 calculations used to determine and impose any portion of the
2 sentence; (b) the term of imprisonment imposed by the Court; (c) the
3 fine imposed by the court, provided it is within the statutory
4 maximum; (d) the term of probation or supervised release imposed by
5 the Court, provided it is within the statutory maximum; (e) the
6 amount and terms of any restitution order, provided it requires
7 payment of no more than $10,000,000; and (f) the conditions of
8 probation or supervised release imposed by the Court.
9 18. Defendant also gives up any right to bring a post-
10 conviction collateral attack on the convictions or sentence,
11 including any order of restitution, except a post-conviction
12 collateral attack based on a claim of ineffective assistance of
13 counsel, a claim of newly discovered evidence, or an explicitly
14 retroactive change in the applicable Sentencing Guidelines,
15 sentencing statutes, or statutes of conviction.
16 19. The USAO gives up its right to appeal any portion of the
17 sentence.
18 RESULT OF WITHDRAWAL OF GUILTY PLEA
19 20. Defendant agrees that if, after entering a guilty plea
20 pursuant to this agreement, defendant seeks to withdraw and succeeds
21 in withdrawing defendant’s guilty plea on any basis other than a
22 claim and finding that entry into this plea agreement was
23 involuntary, then (a) the USAO will be relieved of all of its
24 obligations under this agreement; and (b) should the USAO choose to
25 pursue any charge that was either dismissed or not filed as a result
26 of this agreement, then (i) any applicable statute of limitations
27 will be tolled between the date of defendant’s signing of this
28 agreement and the filing commencing any such action; and
9
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1 (ii) defendant waives and gives up all defenses based on the statute
2 of limitations, any claim of pre-indictment delay, or any speedy
3 trial claim with respect to any such action, except to the extent
4 that such defenses existed as of the date of defendant’s signing
5 this agreement.
6 EFFECTIVE DATE OF AGREEMENT
7 21. This agreement is effective upon signature and execution
8 of all required certifications by defendant, defendant’s counsel,
9 and an Assistant United States Attorney.
10 BREACH OF AGREEMENT
11 22. Defendant agrees that if defendant, at any time after the
12 signature of this agreement and execution of all required
13 certifications by defendant, defendant’s counsel, and an Assistant
14 United States Attorney, knowingly violates or fails to perform any
15 of defendant’s obligations under this agreement (“a breach”), the
16 USAO may declare this agreement breached. All of defendant’s
17 obligations are material, a single breach of this agreement is
18 sufficient for the USAO to declare a breach, and defendant shall not
19 be deemed to have cured a breach without the express agreement of
20 the USAO in writing. If the USAO declares this agreement breached,
21 and the Court finds such a breach to have occurred, then: (a) if
22 defendant has previously entered a guilty plea pursuant to this
23 agreement, defendant will not be able to withdraw the guilty pleas,
24 (b) the USAO will be relieved of all its obligations under this
25 agreement, and (c) defendant will still be bound by defendant’s
26 obligations under this agreement.
27 23. Following the Court’s finding of a knowing breach of this
28 agreement by defendant, should the USAO choose to pursue any charge
10
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1 that was either dismissed or not filed as a result of this
2 agreement, then:
3 a) Defendant agrees that any applicable statute of
4 limitations is tolled between the date of defendant’s signing of
5 this agreement and the date the court finds that defendant has
6 breached this agreement.
7 b) Defendant waives and gives up all defenses based on
8 the statute of limitations, any claim of pre-indictment delay, or
9 any speedy trial claim with respect to any such action, except to
10 the extent that such defenses existed as of the date of defendant’s
11 signing this agreement.
12 c) Defendant agrees that: (i) any statements made by
13 defendant, under oath, at the guilty plea hearing (if such a hearing
14 occurred prior to the breach); (ii) the agreed to factual basis
15 statement in this agreement; and (iii) any evidence derived from
16 such statements, shall be admissible against defendant in any such
17 action against defendant, and defendant waives and gives up any
18 claim under the United States Constitution, any statute, Rule 410 of
19 the Federal Rules of Evidence, Rule 11(f) of the Federal Rules of
20 Criminal Procedure, or any other federal rule, that the statements
21 or any evidence derived from the statements should be suppressed or
22 are inadmissible.
23 COURT AND PROBATION OFFICE NOT PARTIES
24 24. Defendant understands that the Court and the United States
25 Probation Office are not parties to this agreement and need not
26 accept any of the USAO’s sentencing recommendations or the parties’
27 agreements to facts or sentencing factors.
28
11
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1 25. Defendant understands that both defendant and the USAO are
2 free to: (a) supplement the facts by supplying relevant information
3 to the United States Probation Office and the Court, (b) correct any
4 and all factual misstatements relating to the Court’s Sentencing
5 Guidelines calculations and determination of sentence, and (c) argue
6 on appeal and collateral review that the Court’s Sentencing
7 Guidelines calculations and the sentence it chooses to impose are
8 not error, although each party agrees to maintain its view that the
9 calculations in the plea agreement are consistent with the facts of
10 this case. While this paragraph permits both the USAO and defendant
11 to submit full and complete factual information to the United States
12 Probation Office and the Court, even if that factual information may
13 be viewed as inconsistent with the facts agreed to in this
14 agreement, this paragraph does not affect defendant’s and the USAO’s
15 obligations not to contest the facts agreed to in this agreement.
16 26. Defendant understands that even if the Court ignores any
17 sentencing recommendation, finds facts or reaches conclusions
18 different from those agreed to, and/or imposes any sentence up to
19 the maximum established by statute, defendant cannot, for that
20 reason, withdraw defendant’s guilty pleas, and defendant will remain
21 bound to fulfill all defendant’s obligations under this agreement.
22 Defendant understands that no one –- not the prosecutor, defendant’s
23 attorney, or the Court –- can make a binding prediction or promise
24 regarding the sentence defendant will receive, except that it will
25 be within the statutory maximum.
26 NO ADDITIONAL AGREEMENTS
27 27. Defendant understands that, except as set forth herein,
28 there are no promises, understandings, or agreements between the
12
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