Judgment — U.S. v. Gurgen Israyelyan (C.D. Cal.)
Summary
The judgment and probation/commitment order in United States v. Gurgen Israyelyan, No. 2:21-cr-00425-JFW, in the U.S. District Court for the Central District of California, filed November 21, 2022 as Document 52. After a guilty plea, the defendant stands convicted of theft of government property under 18 U.S.C. § 641 on Counts 1, 2, and 3 of the indictment filed on September 10, 2021. The court imposes 9 months in the Bureau of Prisons on each count, concurrent, and 3 years of supervised release, with surrender by February 27, 2023 and a bar on businesses that bill Medicare without approval. It orders a $300 special assessment and restitution of $149,199.53 to the Small Business Administration, waives fines and interest, and incorporates a money judgment of forfeiture.
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“Judgment — U.S. v. Gurgen Israyelyan (C.D. Cal.).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-21-cr-00425-dkt-52-c-d-cal-01d04c5d82/
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Case 2:21-cr-00425-JFW Document 52 Filed 11/21/22 Page 1 of 6 Page ID #:329
United States District Court
Central District of California
UNITED STATES OF AMERICA vs. Docket No. CR 21-425-JFW
Defendant Gurgen Israyelyan Social Security No. 9143 (Last 4 digits)
akas: None
MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on November 21, 2022
COUNSEL Stanley Friedman and Art Kalantar, Retained
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 of GUILTY, defendant has been convicted as charged of the offense(s) of:
Theft of Government Property in violation of 18 U.S.C. § 641, 2 as charged in Counts 1, 2, and 3 of
the Three-Count Indictment filed on September 10, 2021
JUDGMENT The Court asked whether there was any reason why judgment should not be pronounced. Because no
AND PROB/ sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty
COMM
ORDER
as charged and convicted and ordered that:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Gurgen
Israyelyan, is hereby committed on Counts 1, 2, and 3 of the Indictment to the custody of the Bureau of Prisons
for a term of 9 months. This term consists of 9 months on each of Counts 1, 2, and 3 of the Indictment, to be
served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years. This term
consists of 3 years on each of Counts 1, 2, and 3 of the Indictment, all such terms to run concurrently under the
following terms and conditions:
1. The defendant shall comply with the rules and regulations of the United States Probation & Pretrial Services
Office and Second Amended General Order 20-04.
2. During the period of community supervision, the defendant shall pay the special assessment and restitution in
accordance with this judgment's orders pertaining to such payment.
3. The defendant shall cooperate in the collection of a DNA sample from the defendant.
4. The 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. The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business or profession
that bills Medicare or any other publicly funded health care benefit program without the express written
approval of the Probation Officer prior to engaging in such employment, business, or profession.
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Case 2:21-cr-00425-JFW Document 52 Filed 11/21/22 Page 2 of 6 Page ID #:330
USA vs. Gurgen Israyelyan [68549-509] Docket No.: CR 21-425-JFW
6. The defendant shall not commit any violation of local, state, or federal law or ordinance.
7. The defendant shall comply with the immigration rules and regulations of the United States, and if deported
from this country, either voluntarily or involuntarily, not reenter the United States illegally. The defendant is
not required to report to the Probation & Pretrial Services Office while residing outside of the United States;
however, within 72 hours of release from any custody or any reentry to the United States during the period of
Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office
located at: the 300 N. Los Angeles Street, Suite 1300, Los Angeles, CA 90012-3323
It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately.
Any unpaid balance 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.
It is ordered that the defendant shall pay restitution in the total amount of $149,199.53 pursuant to 18 U.S.C. § 3663A.
The amount of restitution ordered shall be paid as follows:
Victim Amount
Small Business Administration $149,199.53
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 gross monthly income but not less than
$100, whichever is greater, shall be made during the period of supervised release and 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.
Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have
the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §
3612(g).
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 defendant shall comply with Second Amended General Order No. 20-04.
The Court has entered a money judgment of forfeiture against the defendant, which is hereby incorporated by reference
into this judgment and is final.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant
poses a low risk of future substance abuse.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons by
12noon on February 27, 2023. 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 the First Street U.S. Courthouse 350 W. First Street, Suite 3001,
Los Angeles, CA 90012.
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USA vs. Gurgen Israyelyan [68549-509] Docket No.: CR 21-425-JFW
Defendant informed of right to appeal.
Court recommends that the defendant be placed in a facility located in Southern California.
Upon verification of defendant's self-surrender, defendant's bond shall be exonerated and defendant's passport, if in the
possession of the government, be returned to the defendant’s counsel.
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.
November 21, 2022
Date 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
November 21, 2022 By
Filed Date Deputy Clerk
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USA vs. Gurgen Israyelyan [68549-509] Docket No.: CR 21-425-JFW
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 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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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.
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Case 2:21-cr-00425-JFW Document 52 Filed 11/21/22 Page 6 of 6 Page ID #:334
USA vs. Gurgen Israyelyan [68549-509] Docket No.: CR 21-425-JFW
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 6 of 6
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