Plea Agreement — U.S. v. Israyelyan (C.D. Cal.)

Summary

The 22-page plea agreement for defendant Gurgen Israyelyan in United States v. Israyelyan, No. 2:21-cr-00425-JFW, in the U.S. District Court for the Central District of California, filed March 8, 2022 as Document 26. The defendant agrees to plead guilty to Counts 1, 2, and 3 of the indictment, each charging theft of government property under 18 U.S.C. § 641, with a total maximum of 30 years' imprisonment. The factual basis concerns the Provider Relief Fund administered by HRSA under the CARES Act, and the parties currently believe restitution is approximately $517,262, including relevant and uncharged conduct. The government agrees not to further prosecute conduct involving five loan applications to the SBA on behalf of Saint Christopher Hospice, Inc., GMG Holdings LLC, Double G Ventures LLC, One Touch Assistants LLC, and G.I. Construction Group.

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Case 2:21-cr-00425-JFW Document 26 Filed 03/08/22 Page1of22 Page ID #:103

TRACY L. WILKISON
United States Attorney
SCOTT M. GARRINGER
Assistant United States Attorney
Chief, Criminal Division
JOSEPH S. BEEMSTERBOER
Acting Chief, Fraud Section
CHRISTOPHER A. WENGER (DC Bar No. 991048)
Trial Attorney
United States Department of Justice
Fraud Section, Criminal Division
1400 New York Avenue, NW
Washington, DC 20005
Telephone: (202) 445-9670
Facsimile: (202) 514-3708
E-mail: christopher.wenger@usdoj.gov

Attorneys for Plaintiff
UNITED STATES OF AMERICA

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, No. CR 2:21-CR-00425-JFW

Plaintiff, PLEA AGREEMENT FOR DEFENDANT
GURGEN ISRAYELYAN

Vv.
GURGEN ISRAYELYAN,

Defendant.

1. This constitutes the plea agreement between Gurgen
Israyelyan (“defendant”) and the United States Attorney’s Office for
the Central District of California (the “USAO”) and the Fraud Section
of the Criminal Division of the United States (collectively, “the

United States”) in United States v. Israyelyan, No. CR 2:21-CR-00425-

JFW. This agreement is limited to the USAO and the Fraud Section of
the Criminal Division of the United States Department of Justice and
cannot bind any other federal, state, local, or foreign prosecuting,

enforcement, administrative, or regulatory authorities.
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Case 2:21-cr-00425-JFW Document 26 Filed 03/08/22 Page 2of22 Page ID #:104

DEFENDANT’S OBLIGATIONS

2. Defendant agrees to:
a. At the earliest opportunity requested by the United
States and provided by the Court, appear and plead guilty to Counts

1, 2, and 3 of the indictment in United States v. Israyelyan, CR No.

2:21-CR-00425-JFW, which each charge defendant with theft of
government property in violation of 18 U.S.C. § 641.

b. Not contest facts agreed to in this agreement.

om Abide by all agreements regarding sentencing contained
in this agreement.

d. Appear for all court appearances, surrender as ordered
for service of sentence, obey all conditions of any bond, and obey
any other ongoing court order in this matter.

e. Agree that all court appearances, including
his change of plea hearing and sentencing hearing, may proceed by
video-teleconference (“VTC”) or telephone, if VTC is not reasonably
available, so long as such appearances are authorized by Order of the
Chief Judge 21-105 or another order, rule, or statute. Defendant
understands that, under the Constitution, the United States Code, the
Federal Rules of Criminal Procedure (including Rules 11, 32, and 43),
he may have the right to be physically present at these hearings.
Defendant understands that right and, after consulting with counsel,
voluntarily agrees to waive it and to proceed remotely. Defense
counsel also joins in this consent, agreement, and waiver.
Specifically, this agreement includes, but is not limited to, the
following:

i. Defendant consents under Section 15002(b) of the
CARES Act to proceed with his change of plea hearing by VTC or
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fase 2:21-cr-00425-JFW Document 26 Filed 03/08/22 Page 3of 22 Page ID #:105

telephone, if VTC is not reasonably available.

ii. Defendant consents under Section 15002(b) of the
CARES Act to proceed with his sentencing hearing by VTC or telephone,
if VTC is not reasonably available.

iii. Defendant consents under 18 U.S.C. § 3148 and
Section 15002(b) of the CARES Act to proceed with any hearing
regarding alleged violations of the conditions of pretrial release by
VTC or telephone, if VTC is not reasonably available.

f. Not commit any crime; however, offenses that would be
excluded for sentencing purposes under United States Sentencing
Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are not
within the scope of this agreement.

g. Be truthful at all times with the United States
Probation and Pretrial Services Office and the Court.

h. Pay the applicable special assessments at or before
the time of sentencing unless defendant has demonstrated a lack of
ability to pay such assessments.

i. To the extent applicable, make restitution in
accordance with the Court’s order, and not seek the discharge of any
restitution obligation, in whole or part, in any present or future
bankruptcy proceeding.

3. Defendant agrees that any and all criminal debt
ordered by the Court will be due in full and immediately. The
government is not precluded from pursuing, in excess of any payment
schedule set by the Court, any and all available remedies by which to
satisfy defendant’s payment of the full financial obligation,

including referral to the Treasury Offset Program.
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(Pase 2:21-cr-00425-JFW Document 26 Filed 03/08/22 Page 4of22 Page ID #:106

k. Complete the Financial Disclosure Statement on a form
provided by the United States and, within 30 days of defendant’s
entry of a guilty plea, deliver the signed and dated statement, along
with all of the documents requested therein, to the United States by
either email at usacac.FinLit@usdoj.gov (preferred) or mail to the
USAO Financial Litigation Section at 300 North Los Angeles Street,
Suite 7516, Los Angeles, CA 90012. Defendant agrees that defendant’s
ability to pay criminal debt shall be assessed based on the completed
Financial Disclosure Statement and all required supporting documents,
as well as other relevant information relating to ability to pay.

l. Authorize the United States to obtain a credit report
upon returning a signed copy of this plea agreement.

m. Consent to the United States inspecting and copying
all of defendant’s financial documents and financial information held
by the United States Probation and Pretrial Services Office.

n. Defendant understands and acknowledges that as a
result of pleading guilty pursuant to this agreement, defendant will
be excluded from Medicare, Medicaid, and all Federal health care
programs. Defendant agrees to complete and execute all necessary
documents provided by the United States Department of Health and
Human Services, or any other department or agency of the federal
government, to effectuate this exclusion within 60 days of receiving
the documents. This exclusion will not affect defendant’s right to
apply for and receive benefits as a beneficiary under any Federal
health care program, including Medicare and Medicaid.

THE UNITED STATES’ OBLIGATIONS

3. The United States agrees to:
a. Not contest facts agreed to in this agreement.

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b. Abide by all agreements regarding sentencing contained
in this agreement.

om At the time of sentencing, provided that defendant
demonstrates an acceptance of responsibility for the offenses up to
and including the time of sentencing, recommend a two-level reduction
in the applicable Sentencing Guidelines offense level, pursuant to
U.S.S.G. § 3E1.1, and recommend and, if necessary, move for an
additional one-level reduction if available under that section.

d. Not seek a sentence of imprisonment above the high end
of, and make no recommendation as to the point within the applicable
Sentencing Guidelines range at which a term of imprisonment should be
selected.

e. Except for criminal tax violations (including
conspiracy to commit such violations chargeable under 18 U.S.C.

§ 371), not further criminally prosecute defendant for violations of
18 U.S.C. § 1343 or other applicable offenses arising out of
defendant’s conduct described in the agreed-to factual basis set
forth in paragraph 11 below regarding defendant’s submission of five
loan applications to the U.S. Small Business Administration on behalf
of Saint Christopher Hospice, Inc., GMG Holdings LLC, Double G
Ventures LLC, One Touch Assistants LLC, and G.I. Construction Group
that contained numerous material misrepresentations. Defendant
understands that the United States is free to criminally prosecute
defendant for any other unlawful past conduct or any unlawful conduct
that occurs after the date of this agreement. Defendant agrees that
at the time of sentencing the Court may consider the uncharged
conduct in determining the applicable Sentencing Guidelines range,
the propriety and extent of any departure from that range, and the

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sentence to be imposed after consideration of the Sentencing
Guidelines and all other relevant factors under 18 U.S.C. § 3553(a).

NATURE OF THE OFFENSES

4, Defendant understands that for defendant to be guilty of
the crimes charged in Counts 1, 2, and 3, that is, theft of
government property, in violation of Title 18, United States Code,
Section U.S.C. § 641, the following must be true: (a) the defendant
knowingly converted to defendant’s use, or converted to the use of
another, money with the intention of depriving the owner of the use
or benefit of the money; (b) the money belonged to the United States;
and (c) the value of the money was more than $1,000.

PENALTIES AND RESTITUTION

5. Defendant understands that the statutory maximum sentence
that the Court can impose for each violation of 18 U.S.C. § 641 as
charged in Counts 1, 2, and 3 is: 10 years’ imprisonment; a 3-year
period of supervised release; a fine of $250,000 or twice the gross
gain or gross loss resulting from the offense, whichever is greatest;
and a mandatory special assessment of $100.

6. Defendant understands, therefore, that the total maximum
sentence for all offenses to which defendant is pleading guilty is:
30 years’ imprisonment; a 3-year period of supervised release; a fine
of $750,000 or twice the gross gain or gross loss resulting from the
offenses, whichever is greatest; and a mandatory special assessment
of $300.

7. Defendant understands that defendant will be required to
pay full restitution to the victims of the offenses to which
defendant is pleading guilty. Defendant agrees that, in return for
the United States’ compliance with its obligations under this

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agreement, the Court may order restitution to persons other than the
victims of the offenses to which defendant is pleading guilty and in
amounts greater than those alleged in the counts to which defendant
is pleading guilty. In particular, defendant agrees that the Court
may order restitution to any victim of any of the following for any
losses suffered by that victim as a result: (a) any relevant conduct,
as defined in U.S.S.G. § 1Bl1.3, in connection with the offenses to
which defendant is pleading guilty; and (b) any charges not
prosecuted pursuant to this agreement as well as all relevant
conduct, as defined in U.S.S.G. § 1Bl.3, in connection with those
charges. The parties currently believe that the applicable amount of
restitution is approximately $517,262, which includes relevant
conduct and uncharged conduct, but recognize and agree that this
amount could change based on facts that come to the attention of the
parties prior to sentencing.

8. Defendant understands that supervised release is a period
of time following imprisonment during which defendant will be subject
to various restrictions and requirements. Defendant understands that
if defendant violates one or more of the conditions of any supervised
release imposed, defendant may be returned to prison for all or part
of the term of supervised release authorized by statute for the
offense that resulted in the term of supervised release, which could
result in defendant serving a total term of imprisonment greater than
the statutory maximum stated above.

9. Defendant understands that, by pleading guilty, defendant
may be giving up valuable government benefits and valuable civic
rights, such as the right to vote, the right to possess a firearm,
the right to hold office, and the right to serve on a jury. Defendant

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understands that he is pleading guilty to a felony and that it isa
federal crime for a convicted felon to possess a firearm or
ammunition. Defendant understands that the convictions in this case
may also subject defendant to various other collateral consequences,
including but not limited to mandatory exclusion from providing
services paid for under a federal health care benefit program for a
minimum of five years, revocation of probation, parole, or supervised
release in another case, and suspension or revocation of a
professional license. Defendant understands that unanticipated
collateral consequences will not serve as grounds to withdraw
defendant’s guilty pleas.

10. Defendant understands that, if defendant is not a United
States citizen, the felony convictions in this case may subject
defendant to: removal, also known as deportation, which may, under
some circumstances, be mandatory; denial of citizenship; and denial
of admission to the United States in the future. The Court cannot,
and defendant’s attorneys also may not be able to, advise defendant
fully regarding the immigration consequences of the felony
convictions in this case. Defendant understands that unexpected
immigration consequences will not serve as grounds to withdraw
defendant’s guilty pleas.

FACTUAL BASIS

ll. Defendant admits that defendant is, in fact, guilty of the
offenses to which defendant is agreeing to plead guilty. Defendant
and the United States agree to the statement of facts provided below
and agree that this statement of facts is sufficient to support pleas
of guilty to the charges described in this agreement and to establish
the Sentencing Guidelines factors set forth in paragraph 13 below but

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Case 2:21-cr-00425-JFW Document 26 Filed 03/08/22 Page9of22 Page ID#:111

is not meant to be a complete recitation of all facts relevant to the
underlying criminal conduct or all facts known to either party that
relate to that conduct.

At all times relevant to the Indictment, the United States
Department of Health and Human Services (“HHS”), through its agency,
the Health Resources and Services Administration (“HRSA”), oversaw
and administered the Provider Relief Fund. Pursuant to the Provider
Relief Fund, HRSA distributed federal funds appropriated under the
Coronavirus Aid, Relief, and Economic Security (“CARES”) Act to help
health care providers that were financially impacted by COVID-19, as
well as to provide care to patients who were suffering from COVID-19
and compensate providers for the cost of that care.

In order to rapidly provide funding during the pandemic, HRSA
automatically distributed Provider Relief Fund payments to providers
who met certain criteria; however, these providers were required to
comply with the terms and conditions of the Provider Relief Fund if
they retained the funding. Among other ways, Provider Relief Fund
payment recipients attested to their compliance with the terms and
conditions, and confirmed that they received the funds, by submitting
an attestation to HRSA through an online portal.

Providers who attested to the terms and conditions acknowledged
that their commitment to full compliance with the terms and
conditions was material to the HHS Secretary’s decision to disburse
Provider Relief Fund Payments to them. Providers who attested made
additional certifications, including: (a) that they provided
diagnoses, testing, or care for individuals with possible or actual
cases of COVID-19 after January 31, 2020; and (b) that they would
only use the payment to prevent, prepare for, and respond to

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coronavirus, and that the payment would reimburse the recipient only
for health-care-related expenses or lost revenues that were
attributable to coronavirus.

Defendant was the owner and Chief Executive Officer of Saint
Christopher Hospice, Inc. (“SCH”), a hospice agency located in North
Hollywood, California.

On or about April 20, 2020, in Los Angeles County, within the
Central District of California, and elsewhere, defendant knowingly
and willfully stole, purloined, and converted to his own use and the
use of another money of HHS, a department of the United States, in
the amounts of $10,000, $10,000, and $60,000, each exceeding $1,000,
of an approximately $89,163 payment from the Provider Relief Fund
made to SCH, to which defendant knew he was not entitled, with the
intent to deprive HHS of the use and benefit of that money.

SCH ceased operating in or around September 2019. On or about
April 17, 2020, defendant received an $89,163 Provider Relief Fund
payment intended for SCH. Approximately three days later, on April
20, 2020, defendant knowingly converted 90% of the Provider Relief
Fund payment to his personal use and the use of others by wiring
$10,000 to a family member in Armenia, by withdrawing $10,000 in cash
for his personal use, and by transferring $60,000 via a cashier’s
check to another family member. Defendant spent the balance of the
Provider Relief Fund payment, approximately $9,163, on various
personal purchases.

On or about June 2, 2020, defendant submitted, or caused to be
submitted, an attestation to HRSA through its online portal,
attesting to SCH’s receipt of the Provider Relief Fund payment and
attesting to comply with the Provider Relief Fund terms and

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conditions. However, as described above, and contrary to his
attestation, none the Provider Relief Funds that the defendant
transferred or spent were used in compliance with the terms and
conditions of the Provider Relief Fund.

In addition, after defendant received and converted the Provider
Relief Fund payment in April 2020, defendant submitted, or caused to
be submitted, five Economic Injury Disaster Loan (‘“EIDL”)
applications to the U.S. Small Business Administration (“SBA”),
including an application on behalf of SCH, which ceased operating
around September 2019. The EIDL program was a disaster relief
program administered by the SBA that was designed to provide economic
relief to businesses experiencing a temporary loss of revenue due to
a disaster, such as the COVID-19 pandemic. The EIDL program provided
loan assistance, including up to $10,000 advances, to eligible
entities and the funds were disbursed directly from the United States
Treasury.

Specifically, in or around June and July 2020, defendant
submitted, or caused to be submitted, EIDL applications to the SBA on
behalf of SCH, GMG Holdings LLC, Double G Ventures LLC, and One Touch
Assistants LLC, all entities that defendant controlled. In addition,
in or around February 2021, defendant submitted, or caused to be
submitted, an EIDL application to the SBA on behalf of G.I.
Construction Group, another entity controlled by defendant. In the
EIDL applications for each of these five entities, defendant made, or
caused to be made, numerous material misrepresentations, including,
for example, misrepresentations regarding certain entities’ formation
dates, misrepresentations regarding the entities’ revenues and
employee numbers, and misrepresentations regarding the entities’

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operating statuses. As a result of the material misrepresentations,
on various dates in or around June and July 2020, four or the five

EIDL applications were approved and the SBA disbursed $428,100 of

EIDL proceeds, as summarized below:

EIDL Applicant . | Loan _ | EIDL Loan EIDL Advance
Saint Christopher Approved | $149,900 $10,000
Hospice, Inc.
GMG Holdings LLC Approved | $129,900 $10,000
Double G Ventures LLC Approved | $48,400 $0
One Touch Assistants LLC | Approved | $77,900 $2,000
G.I. Construction Group Declined | $0 SO

TOTAL: $406,100 $22,000

Defendant knew he was not entitled to these EIDL proceeds, and
defendant subsequently knowingly converted the entirety of the
$428,100 to his personal use, with the intention of depriving the SBA
of the intended use and benefit of that money.

Defendant committed all the above acts knowingly and willfully,
and with the intent to deprive the owner of the use or benefit of the
money.

SENTENCING FACTORS

12. Defendant understands that in determining defendant’s
sentence the Court is required to calculate the applicable Sentencing
Guidelines range and to consider that range, possible departures
under the Sentencing Guidelines, and the other sentencing factors set
forth in 18 U.S.C. § 3553(a). Defendant understands that the
Sentencing Guidelines are advisory only, that defendant cannot have
any expectation of receiving a sentence within the calculated
Sentencing Guidelines range, and that after considering the
Sentencing Guidelines and the other § 3553(a) factors, the Court will
be free to exercise its discretion to impose any sentence it finds

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tase 2:21-cr-00425-JFW Document 26 Filed 03/08/22 Page 13 o0f22 Page ID #:115

appropriate up to the maximum set by statute for the crimes of
conviction.
13. Defendant and the United States agree to the following

applicable Sentencing Guidelines factors:

Base Offense Level: 6 U.S.S.G. § 2Bl.1(a) (2)

Loss Amount (> $250k): +12 U.S.S.G. § 2B1.1(b) (1) (G)
The United States will agree to a two-level downward adjustment for
acceptance of responsibility (and, if applicable, move for an
additional one-level downward adjustment under U.S.S.G. § 3E1.1(b))
if defendant has not committed, and refrains from committing, acts
constituting obstruction of justice within the meaning of U.S.S.G.
§ 3C1.1, as discussed below. Subject to paragraph 26 below,
defendant and the United States agree not to seek, argue, or suggest
in any way, either orally or in writing, that any other specific
offense characteristics, adjustments, or departures relating to the
offense level be imposed. Defendant agrees, however, that if, after
signing this agreement but prior to sentencing, defendant were to
commit an act, or the United States were to discover a previously
undiscovered act committed by defendant prior to signing this
agreement, which act, in the judgment of the United States,
constituted obstruction of justice within the meaning of U.S.S.G.
§ 3C1.1, the United States would be free to seek the enhancement set
forth in that section and to argue that defendant is not entitled to
a downward adjustment for acceptance of responsibility under U.S.S.G.
§ 3El1.1.

14. Defendant understands that there is no agreement as to

defendant’s criminal history or criminal history category.

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15. Defendant and the United States reserve the right to argue
for a sentence outside the sentencing range established by the
Sentencing Guidelines based on the factors set forth in 18 U.S.C.
$ 3553(a) (1), (a) (2), (a) (3), (a) (6), and (a) (7).

WAIVER OF CONSTITUTIONAL RIGHTS

16. Defendant understands that by pleading guilty, defendant

gives up the following rights:

a. The right to persist in a plea of not guilty.

b. The right to a speedy and public trial by jury.

c. The right to be represented by counsel -- and if
necessary have the Court appoint counsel -- at trial. Defendant

understands, however, that, defendant retains the right to be

represented by counsel -- and if necessary have the Court appoint
counsel -- at every other stage of the proceeding.
d. The right to be presumed innocent and to have the

burden of proof placed on the government to prove defendant guilty
beyond a reasonable doubt.

e. The right to confront and cross-examine witnesses
against defendant.

f. The right to testify and to present evidence in
opposition to the charges, including the right to compel the
attendance of witnesses to testify.

g. The right not to be compelled to testify, and, if
defendant chose not to testify or present evidence, to have that
choice not be used against defendant.

h. Any and all rights to pursue any affirmative defenses,
Fourth Amendment or Fifth Amendment claims, and other pretrial
motions that have been filed or could be filed.

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WAIVER OF APPEAL OF CONVICTION

17. Defendant understands that, with the exception of an appeal
based on a claim that defendant’s guilty pleas were involuntary, by
pleading guilty defendant is waiving and giving up any right to
appeal defendant’s convictions on the offenses to which defendant is
pleading guilty. Defendant understands that this waiver includes,
but is not limited to, arguments that the statute to which defendant
is pleading guilty is unconstitutional, and any and all claims that
the statement of facts provided herein is insufficient to support
defendant’s pleas of guilty.

LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE

18. Defendant agrees that, provided the Court imposes a total
term of imprisonment on all counts of conviction of within or below
the range corresponding to an offense level of 15 and the criminal
history category calculated by the Court, defendant gives up the
right to appeal all of the following: (a) the procedures and
calculations used to determine and impose any portion of the
sentence; (b) the term of imprisonment imposed by the Court; (c) the
fine imposed by the Court, provided it is within the statutory
maximum; (d) to the extent permitted by law, the constitutionality or
legality of defendant’s sentence, provided it is within the statutory
maximum; (e) the amount and terms of any restitution order, provided
it requires payment of no more than $517,262; (f) the term of
probation or supervised release imposed by the Court, provided it is
within the statutory maximum; and (g) any of the following conditions
of probation or supervised release imposed by the Court: the
conditions set forth in Second Amended General Order 20-04 of this
Court; the drug testing conditions mandated by 18 U.S.C.

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§§ 3563(a) (5) and 3583(d); and the alcohol and drug use conditions
authorized by 18 U.S.C. § 3563(b) (7). Defendant also gives up any
right to bring a post-conviction collateral attack on the conviction
or sentence, including any order of restitution, except a post-
conviction collateral attack based on a claim of ineffective
assistance of counsel, a claim of newly discovered evidence, or an
explicitly retroactive change in the applicable Sentencing
Guidelines, sentencing statutes, or statutes of conviction.
Defendant understands that this waiver includes, but is not limited
to, arguments that the statute to which defendant is pleading guilty
is unconstitutional, and any and all claims that the statement of
facts provided herein is insufficient to support defendant’s plea of
guilty.

19. The United States agrees that, provided (a) all portions of
the sentence are at or below the statutory maximum specified above
and (b) the Court imposes a term of imprisonment within or above the
range corresponding to an offense level of 15 and the criminal
history category calculated by the Court, the United States gives up
its right to appeal any portion of the sentence, with the exception
that the United States reserves the right to appeal the amount of
restitution ordered if that amount is less than $517,262.

RESULT OF WITHDRAWAL OF GUILTY PLEA

20. Defendant agrees that if, after entering guilty pleas
pursuant to this agreement, defendant seeks to withdraw and succeeds
in withdrawing defendant’s guilty pleas on any basis other than a
claim and finding that entry into this plea agreement was
involuntary, then (a) the United States will be relieved of all of
its obligations under this agreement; and (b) should the United

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Pase 2:21-cr-00425-JFW Document 26 Filed 03/08/22 Page 17 of 22 Page ID #:119

States choose to pursue any charge or any civil, administrative, or
regulatory action that was not filed as a result of this agreement,
then (i) any applicable statute of limitations will be tolled between
the date of defendant’s signing of this agreement and the filing
commencing any such action; and (ii) defendant waives and gives up
all defenses based on the statute of limitations, any claim of pre-
indictment delay, or any speedy trial claim with respect to any such
action, except to the extent that such defenses existed as of the
date of defendant’s signing this agreement.

RESULT OF VACATUR, REVERSAL, OR SET-ASIDE

21. Defendant agrees that if any count of conviction is
vacated, reversed, or set aside, the United States may: (a) ask the
Court to resentence defendant on any remaining count of conviction,
with both the United States and defendant being released from any
stipulations regarding sentencing contained in this agreement,

(bo) ask the Court to void the entire plea agreement and vacate
defendant’s guilty plea on any remaining count of conviction, with
both the United States and defendant being released from all their
obligations under this agreement, or (c) leave defendant’s remaining
conviction, sentence, and plea agreement intact. Defendant agrees
that the choice among these three options rests in the exclusive
discretion of the United States.

EFFECTIVE DATE OF AGREEMENT

22. This agreement is effective upon signature and execution of
all required certifications by defendant, defendant’s counsel, anda

United States Department of Justice Trial Attorney.

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BREACH OF AGREEMENT

23. Defendant agrees that if defendant, at any time after the
Signature of this agreement and execution of all required
certifications by defendant, defendant’s counsel, and a United States
Department of Justice Trial Attorney, knowingly violates or fails to
perform any of defendant’s obligations under this agreement (“a
breach”), the United States may declare this agreement breached. All
of defendant’s obligations are material, a single breach of this
agreement is sufficient for the United States to declare a breach,
and defendant shall not be deemed to have cured a breach without the
express agreement of the United States in writing. If the United
States declares this agreement breached, and the Court finds such a
breach to have occurred, then: (a) if defendant has previously
entered guilty pleas pursuant to this agreement, defendant will not
be able to withdraw the guilty pleas; and (b) the United States will
be relieved of all its obligations under this agreement.

24, Following the Court’s finding of a knowing breach of this
agreement by defendant, should the United States choose to pursue any
charge or any civil, administrative, or regulatory action that was
not filed as a result of this agreement, then:

a. Defendant agrees that any applicable statute of
limitations is tolled between the date of defendant’s signing of this
agreement and the filing commencing any such action.

b. Defendant waives and gives up all defenses based on
the statute of limitations, any claim of pre-indictment delay, or any
speedy trial claim with respect to any such action, except to the
extent that such defenses existed as of the date of defendant’s
signing this agreement.

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base 2:21-cr-00425-JFW Document 26 Filed 03/08/22 Page 19 of 22 PageID#:121

Cc. Defendant agrees that: (i) any statements made by
defendant, under oath, at the guilty plea hearing (if such a hearing
occurred prior to the breach); (ii) the agreed to factual basis
statement in this agreement; and (i111) any evidence derived from such
statements, shall be admissible against defendant in any such action
against defendant, and defendant waives and gives up any claim under
the United States Constitution, any statute, Rule 410 of the Federal
Rules of Evidence, Rule 11(f) of the Federal Rules of Criminal
Procedure, or any other federal rule, that the statements or any
evidence derived from the statements should be suppressed or are
inadmissible.

COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES

OFFICE NOT PARTIES

25. Defendant understands that the Court and the United States
Probation and Pretrial Services Office are not parties to this
agreement and need not accept any of the United States’ sentencing
recommendations or the parties’ agreements to facts or sentencing
factors.

26. Defendant understands that both defendant and the United
States are free to: (a) supplement the facts by supplying relevant
information to the United States Probation and Pretrial Services
Office and the Court, (b) correct any and all factual misstatements
relating to the Court’s Sentencing Guidelines calculations and
determination of sentence, and (c) argue on appeal and collateral
review that the Court’s Sentencing Guidelines calculations and the
sentence it chooses to impose are not error, although each party
agrees to maintain its view that the calculations in paragraph 13 are
consistent with the facts of this case. While this paragraph permits

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both the United States and defendant to submit full and complete
factual information to the United States Probation and Pretrial
Services Office and the Court, even if that factual information may
be viewed as inconsistent with the facts agreed to in this agreement,
this paragraph does not affect defendant’s and the United States’
obligations not to contest the facts agreed to in this agreement.

27. Defendant understands that even if the Court ignores any
sentencing recommendation, finds facts or reaches conclusions
different from those agreed to, and/or imposes any sentence up to the
maximum established by statute, defendant cannot, for that reason,
withdraw defendant’s guilty pleas, and defendant will remain bound to
fulfill all defendant’s obligations under this agreement. Defendant
understands that no one -- not the prosecutor, defendant’s attorneys,
or the Court -- can make a binding prediction or promise regarding
the sentence defendant will receive, except that it will be within
the statutory maximum.

NO ADDITIONAL AGREEMENTS

28. Defendant understands that, except as set forth herein,
there are no promises, understandings, or agreements between the
United States and defendant or defendant’s attorneys, and that no
additional promise, understanding, or agreement may be entered into

unless in a writing signed by all parties or on the record in court.
//
//

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Rase 2:21-cr-00425-JFW Document 26 Filed 03/08/22 Page 21o0f 22 Page ID #:123

PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING

29. The parties agree that this agreement will be considered
part of the record of defendant’s guilty plea hearing as if the
entire agreement had been read into the record of the proceeding.
AGREED AND ACCEPTED
UNITED STATES ATTORNEY’S OFFICE
FOR THE CENTRAL DISTRICT OF
CALIFORNIA

TRACY L. WILKISON
United States Attorney

Cyl 03/08/2022
Christopher A. we Date

Trial Attorney, Fraug Section

Gurgen Israyely Date

Defendan

Stanfey L. Friedman Date
Art Kalantar

Attorneys for Defendant Gurgen

Israyelyan

‘CERTIFICATION OF DEFENDANT

I have read this agreement in its entirety. I have had enough
time to review and consider this agreement, and I have carefully and
thoroughly discussed every part of it with my attorneys. I
understand the terms of this agreement, and I voluntarily agree to
those terms. I have discussed the evidence with my attorneys, and my
attorneys have advised me of my rights, of possible pretrial motions
that might be filed, of possible defenses that might be asserted
either prior to or at trial, of the sentencing factors set forth in
18 U.S.C. § 3553(a), of relevant Sentencing Guidelines provisions,

and of the consequences of entering into this agreement. No

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ase 2:21-cr-00425-JFW Document 26 Filed 03/08/22 Page 22 of 22 Page ID #:124

promises, inducements, or representations of any kind have been made
to me other than those contained in this agreement. No one has
threatened or forced me in any way to enter into this agreement. I
am satisfied with the representation of my attorneys in this matter,
and I am pleading guilty because I am guilty of the charges and wish
to take advantage of the promises set forth in this agreement, and

not for any other reason.

SZ 0% -OS- 2022,

Gurgen IsrayeYyan Date
Defendant

CERTIFICATION OF DEFENDANT’S ATTORNEY

I am Gurgen Israyelyan’s attorney. I have carefully and
thoroughly discussed every part of this agreement with my client.
Further, I have fully advised my client of his rights, of possible
pretrial motions that might be filed, of possible defenses that might
be asserted either prior to or at trial, of the sentencing factors
set forth in 18 U.S.C. § 3553(a), of relevant Sentencing Guidelines
provisions, and of the consequences of entering into this agreement.
To my knowledge: no promises, inducements, or representations of any
kind have been made to my client other than those contained in this
agreement; no one has threatened or forced my client in any way to
enter into this agreement; my client’s decision to enter into this
agreement is an informed and voluntary one; and the factual basis set
forth in this agreement is sufficient to support my client’s entry of

guilty pleas pursuant to this agreement.

a /

Stanley L. Friedmafh
Art Kalantar
Attorneys for Defendant Gurgen Israyelyan

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