Proposed Preliminary Order of Forfeiture as to 4910 Topeka Drive, Tarzana, Against Artur Ayvazyan — United States v. Richard Ayvazyan et al. (Dkt. 931)
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Proposed Preliminary Order of Forfeiture as to the real property in Tarzana, California against defendant Artur Ayvazyan, Document 931, filed 09/03/21, Case 2:20-cr-00579-SVW, in the U.S. District Court for the Central District of California. The proposed order cites the application of Plaintiff United States of America, the jury's special verdict determination on forfeiture and the defendant's guilty conviction on counts of the First Superseding Indictment. It would forfeit the defendant's interest in the property on a finding of a nexus to offenses including conspiracy to commit wire fraud and bank fraud and conspiracy to commit money laundering. It also authorizes seizure by the United States Attorney General or a designee and sets third-party petition procedures.
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“Proposed Preliminary Order of Forfeiture as to 4910 Topeka Drive, Tarzana, Against Artur Ayvazyan — United States v. Richard Ayvazyan et al. (Dkt. 931).”
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Case 2:20-cr-00579-SVW Document 931 Filed 09/03/21 Page 1 of 8 Page ID
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8 UNITED STATES DISTRICT COURT
9 FOR THE CENTRAL DISTRICT OF CALIFORNIA
10 WESTERN DIVISION
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UNITED STATES OF AMERICA, No. CR 20-00579-SVW-3
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Plaintiff, [PROPOSED]
XXXXXXXXXX PRELIMINARY ORDER OF
13 FORFEITURE AS TO 4910 TOPEKA
v. DRIVE, TARZANA, CALIFORNIA
14 AGAINST DEFENDANT ARTUR
ARTUR AYVAZYAN, AYVAZYAN
15 [909-2]
Defendant.
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Upon consideration of the application of Plaintiff, United
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States of America, for a preliminary order of forfeiture and the
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jury’s special verdict determination on forfeiture with respect
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to questions 1 through 24 and defendant’s guilty conviction on
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Counts One, Two through Twelve, Thirteen through Twenty, Twenty-
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four and Twenty-six of the First Superseding Indictment, Rule
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32.2(b), and good cause appearing thereon, IT IS HEREBY ORDERED:
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26 I. FORFEITABLE PROPERTY
27 For the reasons set out below, any right, title and
28 interest of defendant Artur Ayvazyan in the following described
Case 2:20-cr-00579-SVW Document 931 Filed 09/03/21 Page 2 of 8 Page ID
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1 property (hereinafter, the “Forfeitable Property”) is hereby
2 forfeited to the United States. The Court finds that the
3 government has established the requisite nexus between the
4 Forfeitable Property and the offenses described in Counts One,
5 Two through Twelve, Thirteen through Twenty, Twenty-four and
6 Twenty-six of the First Superseding Indictment, which charge
7 defendant with 18 U.S.C. § 1349 (conspiracy to commit wire fraud
8 and bank fraud), 18 U.S.C. § 1343 (wire fraud), 18 U.S.C. §
9 1028A(a)(1) (aggravated identity theft), 18 U.S.C. § 1344(2)
10 (bank fraud and attempted bank fraud), and 18 U.S.C. § 1956(h)
11 (conspiracy to commit money laundering). The Forfeitable
12 Property is more particularly described as:
13 a. The real property located at 4910 Topeka Drive,
14 Tarzana, California, APN: 2176-029-031, more particularly
15 described as:
16 DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE
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COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS
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DESCRIBED AS FOLLOWS:
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PARCEL 1:
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THOSE PORTIONS OF LOT 71 and 72 OF TRACT 2605, IN THE CITY
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OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
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AS PER MAP RECORDED IN BOOK 27 PAGE 55 ET SEQ. OF MAPS, AND
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THAT PORTION OF PARCEL "A” OF PARCEL MAP L.A. NO. 2015 AS
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PER MAP FILED IN BOOK 32 PAGE 19 OF PARCEL MAPS, IN THE
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OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
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27 FOLLOWS:
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Case 2:20-cr-00579-SVW Document 931 Filed 09/03/21 Page 3 of 8 Page ID
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1 BEGINNING AT A POINT IN THE CENTERLINE OF TOPEKA DRIVE, 40
2 FEET WIDE, AS SHOWN ON SAID MAP, DISTANT THEREON SOUTH 15°
3 10' 00" WEST 178.55 FEET FROM THE NORTHEASTERLY TERMINUS OF
4 THAT CERTAIN COURSE IN THE CENTERLINE OF TOPEKA DRIVE SHOWN
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ON SAID MAP AS HAVING A BEARING OF NORTH 15° 10' 00" EAST
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AND LENGTH OP 1055.19 FEET;
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THENCE SOUTH 74° 50' 00" EAST 56.09 FEET TO THE BEGINNING
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OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A
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RADIUS OF 129.86 FEET;
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THENCE EASTERLY ALONG SAID CURVE 128.40 FEET; TO THE TRUE
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POINT OF BEGINNING;
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THENCE TANGENT TO SAID CURVE NORTH 48° 30' 50" EAST 147.14
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FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE
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15 SOUTHEAST, HAVING A RADIUS OF 100.05 FEET;
16 THENCE EASTERLY ALONG SAID CURVE, 125.14 FEET, A RADIAL
17 LINE TO SAID POINT BEARS NORTH 30° 10' 46" EAST;
18 THENCE NORTH 10° 52' 46" EAST 45.32 FEET;
19 THENCE SOUTH 84° 29' 18" EAST 182.82 FEET;
20 THENCE SOUTH 04° 13' 10" WEST 195.63 FEET TO A POINT IN A
21 CURVE CONCAVE WESTERLY HAVING A RADIUS OF 175.31 FEET; A
22 RADIAL LINE TO SAID POINT BEARS NORTH 62° 22' 50” EAST;
23 THENCE CONTINUING EASTERLY AND SOUTHERLY ALONG SAID CURVE
24 THROUGH A CENTRAL ANGLE OF 50° 06' 30" AN ARC DISTANCE OF
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153.32 FEET;
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THENCE TANGENT TO SAID CURVE SOUTH 22° 29' 20" WEST 63.38
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FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
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NORTHWEST HAVING A RADIUS OF 375.00 FEET;
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Case 2:20-cr-00579-SVW Document 931 Filed 09/03/21 Page 4 of 8 Page ID
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1 THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
2 ANGLE OF 13° 52' 00" 90.76 FEET TO THE BEGINNING OF A
3 REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
4 161.89 FEET;
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THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
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ANGLE OF 17° 46' 00" 50.20 FEET TO THE BEGINNING OF A
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REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
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75.69 FEET;
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THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE, THROUGH
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A CENTRAL ANGLE OF 33° 58' 30" 44.88 FEET TO A POINT OF
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CUSP IN THE NORTHERLY LINE OF SAID PARCEL "A" SAID
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NORTHERLY LINE BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A
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RADIUS OF 30.00'; A RADIAL LINE TO SAID POINT BEARS SOUTH
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15 38° 26' 10" EAST;
16 THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
17 116° 31' 20" AN ARC DISTANCE OF 61.01 FEET;
18 THENCE SOUTH 10° 54' 50" EAST 92.71 FEET;
19 THENCE SOUTH 80° 16' 17" WEST 20.00 FEET;
20 THENCE NORTH 31° 28' 33" WEST 120.33 FEET;
21 THENCE NORTH 22° 17' 48" WEST 20.00 FEET TO THE BEGINNING
22 OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 55.69
23 FEET;
24 THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
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ANGLE OF 49° 06' 52" AN ARC DISTANCE OF 47.74 FEET TO THE
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BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A
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RADIUS OF 181.89 FEET;
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1 THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
2 ANGLE OF 17° 46' 00" AN ARC DISTANCE OF 56.40 FEET TO THE
3 BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A
4 RADIUS OF 355.00 FEET;
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THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
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ANGLE OF 12° 45' 16" AN ARC DISTANCE OF 79.03 FEET;
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THENCE NORTH 67° 12' 02" WEST 268.30 FEET;
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THENCE NORTH 15° 10' 00" EAST 43.00 FEET;
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THENCE NORTH 47° 02' 30" WEST 175.00 FEET TO THE TRUE POINT
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OF BEGINNING.
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PARCEL 2:
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THE RIGHT OF INGRESS AND EGRESS FOR SAID PROPERTY OVER A
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ROADWAY EASEMENT FROM TOPEKA DRIVE OVER THAT PORTION OF LOT
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15 71, OF TRACT NO. 2605, IN THE CITY OF LOS ANGELES, COUNTY
16 OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
17 BOOK 27, PAGE 55, ET SEQ., OF MAPS, IN THE OFFICE OF THE
18 COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF
19 LAND 30.00 FEET IN WITH, LYING 15.00 FEET ON EACH SIDE OF
20 THE FOLLOWING DESCRIBED CENTER LINE:
21 BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND CONVEYED
22 TO CIRELLA G. SMITH AND HUSBAND, BY DEED RECORDED JULY 8,
23 1943 AS INSTRUMENT NO. 118, IN BOOK 20132 PAGE 100,
24 OFFICIAL RECORDS, SAID CORNER BEING DISTANT 261.45 FEET
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NORTHERLY FROM THE SOUTHWESTERLY CORNER OF LOT 71, SAID
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TRACT 2605; THENCE NORMAL TO THE EASTERLY LINE OF TOPEKA
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DRIVE, SOUTH 74° 50' 00” EAST 36.09 FEET TO THE BEGINNING
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OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS
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1 OF 129.86 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE,
2 128.40 FEET; THENCE TANGENT TO SAID CURVE, NORTH 48° 30'
3 50" EAST 147.14 FEET TO THE BEGINNING OF A TANGENT CURVE
4 CONCAVE SOUTHERLY, HAVING A RADIUS OF 100.05 FEET; THENCE
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EASTERLY ALONG SAID CURVE, 144.70 FEET; THENCE TANGENT TO
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SAID CURVE, SOUTH 48° 37' 10" EAST, 161.06 FEET TO THE
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BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A
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RADIUS OF 175.31 FEET, THENCE SOUTHERLY ALONG SAID CURVE,
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217.57 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 22° 29'
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20" WEST 42.15 FEET TO A POINT.
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II. IMPLEMENTATION
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IT IS FURTHER ORDERED as follows:
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A. Upon the entry of this Order, and pursuant to Fed. R.
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Crim. P. 32.2(b)(3) and 21 U.S.C. § 853, the United States
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Attorney General (or a designee) is authorized to seize the
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Forfeitable Property.
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B. Upon entry of this Order, the United States is further
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authorized to conduct any discovery for the purpose of
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identifying, locating, or disposing of the Forfeitable Property
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subject to forfeiture pursuant to this Order, 21 U.S.C. § 853(m)
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and Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure.
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“Any discovery” shall include all methods of discovery permitted
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under the Federal Rules of Civil Procedure.
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C. Upon entry of this Order (and at any time in the
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future after amendment of the applicable order of forfeiture in
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this matter), the United States Attorney General (or a designee)
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is authorized to commence any applicable proceeding to comply
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1 with statutes governing third party rights, including giving
2 notice of this and any other Order affecting specific property.
3 The following paragraphs shall apply to any ancillary proceeding
4 conducted in this matter:
5 (1) Pursuant to 21 U.S.C. § 853(n)(1) and
6 Supplemental Rule G(4)(a)(iv)(C) of the Supplemental Rules for
7 Admiralty or Maritime Claims and Asset Forfeiture Actions, the
8 government shall forthwith publish for at least thirty (30)
9 consecutive days on an official government website notice of
10 this order and any other Order affecting the Forfeitable
11 Property, and notice that any person, other than the defendant,
12 having or claiming a legal interest in the property must file a
13 petition with the Court within thirty (30) days of the
14 publication of notice or receipt of actual notice, whichever is
15 earlier. The United States shall also, to the extent
16 practicable, provide written notice to any person known to have
17 an alleged interest in the Forfeitable Property.
18 (2) Any person other than defendant ARTUR AYVAZYAN
19 (“defendant”) asserting a legal interest in the Forfeitable
20 Property may, within thirty days of the publication of notice or
21 receipt of notice, whichever is earlier, petition the court for
22 a hearing without a jury to adjudicate the validity of his or
23 her alleged interest in the property, and for an amendment of
24 the order of forfeiture, pursuant to 21 U.S.C. § 853(n)(2).
25 (3) Any petition filed by a third party asserting an
26 interest in the Forfeitable Property shall be signed by the
27 petitioner under penalty of perjury and shall set forth the
28 nature and extent of the petitioner’s right, title, or interest
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Case 2:20-cr-00579-SVW Document 931 Filed 09/03/21 Page 8 of 8 Page ID
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