Judgment & Probation/Commitment Order — USA v. Vahe Dadyan (C.D. Cal., Dkt. 1077, October 22, 2021)

Summary

Pages 2 through 5 of a Judgment & Probation/Commitment Order (CR-104) in USA vs. Vahe Dadyan, Docket No. 2:20-cr-00579-SVW, in the U.S. District Court for the Central District of California, filed 10/22/21 as Document 1077, dated October 22, 2021 with Stephen V. Wilson, U. S. District Judge named. The order states that the defendant shall pay restitution in the total amount of $10,706,188.13 pursuant to 18 U.S.C. § 3663A and lists victims including Newtek Small Business Finance at $2,691,500 and US Small Business Administrartion at $5,094,500. It waives all fines under Guideline § 5E1.2(a) and sets restitution payments of not less than $25 per quarter during imprisonment. It orders the defendant to surrender at or before 12 noon on January 10, 2022, and sets out the standard conditions of probation and supervised release.

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“Judgment & Probation/Commitment Order — USA v. Vahe Dadyan (C.D. Cal., Dkt. 1077, October 22, 2021).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-20-cr-00579-dkt-1077-c-d-cal-de5fbf84dd/, SHA-256 2db79a7e5482b6784ffa5a9ede54b2f0e8c0f43748675e66bcd97e034db8cf82.

Full text

Case 2:20-cr-00579-SVW Document 1077 Filed 10/22/21 Page 1 of 5 Page ID #:17761
Case 2:20-cr-00579-SVW Document 1077 Filed 10/22/21 Page 2 of 5 Page ID #:17762

USA vs. Vahe Dadyan Docket No.: 2:20-cr-00579-SVW

It is ordered that the defendant shall pay restitution in the total amount of $10,706,188.13 pursuant to 18 U.S.C. § 3663A.

The amount of restitution ordered shall be paid as follows:

Victim Name: Amount of Loss:

Seattle Bank $521,223
Celtic Bank $1,469,487
Cross River Bank $317,500
Square Capital, Inc. $122,838.13
Well Fargo Bank, N.A. $244,570
Newtek Small Business Finance $2,691,500
WebBank $244,570
US Small Business Administrartion $5,094,500

Pursuant to Guideline § 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and
is not likely to become able to pay any fine.

The Court finds from a consideration of the record that the defendant's economic circumstances allow for restitution payments
pursuant to the following schedule: Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per
quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains
unpaid after release from custody, nominal monthly payments of at least 10% of defendant's net monthly income, shall be made during
the period of supervised release. These payments shall begin 90 days after the commencement of supervision. Nominal restitution
payments are ordered as the Court finds that the defendant's economic circumstances do not allow for either immediate or future
payment of the amount ordered.

Bond is exonerated upon self surrender.

It is further ordered that the defendant surrender to the institution designated by the Bureau of Prisons at or before 12 noon, on January
10, 2022. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States
Marshal located at First Street U.S. Courthouse, 350 W. First Street, Suite 3001, Los Angeles, CA 90012.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and
Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of
supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke
supervision for a violation occurring during the supervision period.

October 22, 2021
Date STEPHEN V. WILSON, U. S. District Judge

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

October 22, 2021 By
Filed Date Deputy Clerk

CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 2 of 5
Case 2:20-cr-00579-SVW Document 1077 Filed 10/22/21 Page 3 of 5 Page ID #:17763

USA vs. Vahe Dadyan Docket No.: 2:20-cr-00579-SVW

The defendant must comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment:
1. The defendant must not commit another federal, state, or local crime; 9. The defendant must not knowingly associate with any persons
2. The defendant must report to the probation office in the federal engaged in criminal activity and must not knowingly associate with
judicial district of residence within 72 hours of imposition of a any person convicted of a felony unless granted permission to do so
sentence of probation or release from imprisonment, unless by the probation officer. This condition will not apply to intimate
otherwise directed by the probation officer; family members, unless the court has completed an individualized
3. The defendant must report to the probation office as instructed by the review and has determined that the restriction is necessary for
court or probation officer; protection of the community or rehabilitation;
4. The defendant must not knowingly leave the judicial district without 10. The defendant must refrain from excessive use of alcohol and must
first receiving the permission of the court or probation officer; not purchase, possess, use, distribute, or administer any narcotic or
5. The defendant must answer truthfully the inquiries of the probation other controlled substance, or any paraphernalia related to such
officer, unless legitimately asserting his or her Fifth Amendment substances, except as prescribed by a physician;
right against self-incrimination as to new criminal conduct; 11. The defendant must notify the probation officer within 72 hours of
6. The defendant must reside at a location approved by the probation being arrested or questioned by a law enforcement officer;
officer and must notify the probation officer at least 10 days before 12. For felony cases, the defendant must not possess a firearm,
any anticipated change or within 72 hours of an unanticipated change ammunition, destructive device, or any other dangerous weapon;
in residence or persons living in defendant’s residence; 13. The defendant must not act or enter into any agreement with a law
7. The defendant must permit the probation officer to contact him or her enforcement agency to act as an informant or source without the
at any time at home or elsewhere and must permit confiscation of permission of the court;
any contraband prohibited by law or the terms of supervision and 14. The defendant must follow the instructions of the probation officer
observed in plain view by the probation officer; to implement the orders of the court, afford adequate deterrence from
8. The defendant must work at a lawful occupation unless excused by criminal conduct, protect the public from further crimes of the
the probation officer for schooling, training, or other acceptable defendant; and provide the defendant with needed educational or
reasons and must notify the probation officer at least ten days before vocational training, medical care, or other correctional treatment in
any change in employment or within 72 hours of an unanticipated the most effective manner.
change;

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USA vs. Vahe Dadyan Docket No.: 2:20-cr-00579-SVW

The defendant must also comply with the following special conditions (set forth below).

STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS

The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be subject
to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not applicable
for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check or money
order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number. Payments
must be delivered to:

United States District Court, Central District of California
Attn: Fiscal Department
255 East Temple Street, Room 1178
Los Angeles, CA 90012

or such other address as the Court may in future direct.

If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.

The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).

The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k).
The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim,
adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C.
§ 3563(a)(7).

Payments will be applied in the following order:

1. Special assessments under 18 U.S.C. § 3013;
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United
States is paid):
Non-federal victims (individual and corporate),
Providers of compensation to non-federal victims,
The United States as victim;
3. Fine;
4. Community restitution, under 18 U.S.C. § 3663(c); and
5. Other penalties and costs.

CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS

As directed by the Probation Officer, the defendant must provide to theProbation Officer: (1) a signed release authorizing credit
report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement,
with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply for any loan
or open any line of credit without prior approval of the Probation Officer.

When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening,
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s
behalf.

The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.

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USA vs. Vahe Dadyan Docket No.: 2:20-cr-00579-SVW

RETURN

I have executed the within Judgment and Commitment as follows:
Defendant delivered on to
Defendant noted on appeal on
Defendant released on
Mandate issued on
Defendant’s appeal determined on
Defendant delivered on to
at
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal

By
Date Deputy Marshal

CERTIFICATE

I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
legal custody.
Clerk, U.S. District Court

By
Filed Date Deputy Clerk

FOR U.S. PROBATION OFFICE USE ONLY

Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of
supervision, and/or (3) modify the conditions of supervision.

These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.

(Signed)
Defendant Date

U. S. Probation Officer/Designated Witness Date

CR-104 (docx 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 5 of 5

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Our copy: 1077.pdf
Original: archive.org