Judgment — U.S. v. Grigor Garibyan (C.D. Cal.)

Summary

A Judgment and Probation/Commitment Order for Grigor Garibyan, Docket No. CR 21-0423-FMO, in the U.S. District Court for the Central District of California, filed July 22, 2022 as Document 37 in Case 2:21-cr-00423-FMO. Garibyan, with retained counsel Craig Missakian, pleaded guilty to Counts 1 and 2, theft of government property under 18 U.S.C. § 641. The court imposes three (3) years of probation on both counts, concurrent, and bars employment in any position for Medicare, Medicaid and all Federal health care programs. It orders restitution of $67,591, consisting of $57,591 to the Health Resources and Services Administration and $10,000 to the U.S. Small Business Administration, and a special assessment of $200, and waives fines. The order names Fernando M. Olguin, U. S. District Judge.

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“Judgment — U.S. v. Grigor Garibyan (C.D. Cal.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-21-cr-00423-dkt-37-c-d-cal-5a408a66a6/, SHA-256 26366855c8ee3125345f9105dc8e3c79dd82d56c80d180fd630387acba2fe9fa.

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Case 2:21-cr-00423-FMO Document 37 Filed 07/22/22 Page 1 of 5 Page ID #:199

United States District Court
Central District of California

UNITED STATES OF AMERICA vs. Docket No. CR 21-0423-FMO

Defendant GRIGOR GARIBYAN Social Security No. 9 7 7 4
akas: none (Last 4 digits)

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. 07 21 2022

COUNSEL Craig Missakian, Retained
(Name of Counsel)

PLEA X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO NOT
CONTENDERE GUILTY
FINDING There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

Counts 1 and 2: Theft of Government Property; 18 U.S.C. § 641

JUDGMENT The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
AND PROB/ contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that:
COMM Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the
ORDER custody of the Bureau of Prisons to be imprisoned for a term of: Three (3) years probation

It is the judgment of the court that defendant is sentenced on Counts One and Two of the Indictment to
three (3) years of probation to be served concurrently, under the following terms and conditions:

1. Defendant shall comply with the rules and regulations of the United States Probation & Pretrial
Services Office and Second Amended General Order 20-04, including the conditions of probation
and supervised release set forth in Section III of Second Amended General Order 20-04.

2. During the period of community supervision, defendant shall pay the special assessment and
restitution in accordance with this judgment's orders pertaining to such payment.

3. Defendant shall cooperate in the collection of a DNA sample from defendant.

4. Defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance,
judgments and any other financial gains to the court-ordered financial obligation.

5. Defendant shall not be employed in any position for Medicare, Medicaid, and all Federal health
care programs.

6. Defendant shall submit defendant's person, property, house, residence, vehicle, papers, or other
areas under defendant's control, to a search conducted by a United States Probation Officer or
law enforcement officer. Failure to submit to a search may be grounds for revocation. Defendant
shall warn any other occupants that the premises may be subject to searches pursuant to this
condition. Any search pursuant to this condition will be conducted at a reasonable time and in a
reasonable manner upon reasonable suspicion that defendant has violated a condition of his
supervision and that the areas to be searched contain evidence of this violation.

CR-104 (wpd 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 1 of 5
Case 2:21-cr-00423-FMO Document 37 Filed 07/22/22 Page 2 of 5 Page ID #:200

USA vs. GRIGOR GARIBYAN Docket No.: CR 21-0423-FMO

Defendant shall pay restitution in the total amount of $67,591, consisting of $57,591 to the Health
Resources and Services Administration and $10,000 to the U.S. Small Business Administration. The restitution
shall be paid in monthly installments of at least 10% of defendant's gross monthly income, but not less than
$500, whichever is greater. The court will not require defendant to make an immediate cash payment toward
his restitution. Defendant is responsible for providing sufficient documentation of any prior payments to establish
entitlement to payment credit. Pursuant to 18 U.S.C. § 3612(f)(3)(a), interest on the restitution ordered is waived
because defendant does not have the ability to pay interest.

Defendant shall pay to the United States a special assessment of $200, which is due immediately. Any
unpaid balance shall be due during the period of probation, at the rate of not less than $50 per month. All fines
are waived as the court finds that defendant does not have the ability to pay a fine.

The court informs defendant of his right to appeal.

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.

July 22, 2022
Date Fernando M. Olguin, 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

July 22, 2022 By /s/ G. Garcia
Filed Date Deputy Clerk

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:

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Case 2:21-cr-00423-FMO Document 37 Filed 07/22/22 Page 3 of 5 Page ID #:201

USA vs. GRIGOR GARIBYAN Docket No.: CR 21-0423-FMO

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

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Case 2:21-cr-00423-FMO Document 37 Filed 07/22/22 Page 4 of 5 Page ID #:202

USA vs. GRIGOR GARIBYAN Docket No.: CR 21-0423-FMO

The defendant must also comply with the following special conditions (set forth below).
X
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 non-federal 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 the Probation 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.

CR-104 (wpd 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 4 of 5
Case 2:21-cr-00423-FMO Document 37 Filed 07/22/22 Page 5 of 5 Page ID #:203
USA vs. GRIGOR GARIBYAN Docket No.: CR 21-0423-FMO

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 (wpd 12/20) JUDGMENT & PROBATION/COMMITMENT ORDER Page 5 of 5

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