Proposed Preliminary Order of Forfeiture as to 74203 Anastacia Lane, Palm Desert, Against Artur Ayvazyan — United States v. Richard Ayvazyan et al. (Dkt. 932)
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Proposed Preliminary Order of Forfeiture as to the real property in Palm Desert, California against defendant Artur Ayvazyan, Document 932, 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 and the jury's special verdict determination on forfeiture. It would forfeit the defendant's interest in the property to the United States on a finding of a nexus to the offenses charged, including wire fraud, aggravated identity theft and bank fraud. Section II lists implementation steps, including seizure by the United States Attorney General or a designee and a thirty-day period for third-party petitions.
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“Proposed Preliminary Order of Forfeiture as to 74203 Anastacia Lane, Palm Desert, Against Artur Ayvazyan — United States v. Richard Ayvazyan et al. (Dkt. 932).”
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Case 2:20-cr-00579-SVW Document 932 Filed 09/03/21 Page 1 of 5 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, XXXXXXXXXX
[PROPOSED] PRELIMINARY ORDER OF
13 FORFEITURE AS TO 74203
v. ANASTACIA LANE, PALM DESERT,
14 CALIFORNIA AGAINST DEFENDANT
ARTUR AYVAZYAN, ARTUR AYVAZYAN [909-3]
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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 932 Filed 09/03/21 Page 2 of 5 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 74203 Anastacia Lane,
14 Palm Desert, California, APN: 684-331-008, more particularly
15 described as:
16 Parcel 1:
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Lot 56 of Tract No. 45375, in the City of Glendale, County
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of Los Angeles, State of California, as per map recorded in
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Book 1128, Page(s) 55 to 63 inclusive of Maps, in the
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office of the County Recorder of said County.
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Except therefrom all oil and minerals in, on and under said
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land as reserved by Benjamin Dreyfus in deeds recorded in
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Book 101, Pages 551 and in Book 107, Page 447 both of
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Deeds, in said Office of the County Recorder.
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Parcel 2:
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27 Non-exclusive easements for access, ingress, egress,
28 encroachments, maintenance, repair, drainage, support and
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Case 2:20-cr-00579-SVW Document 932 Filed 09/03/21 Page 3 of 5 Page ID
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1 other purposes, all as described in the Master Declaration
2 recorded March 7, 1989 as Instrument No. 1989-354873 and
3 any amendments thereto.
4 II. IMPLEMENTATION
5 IT IS FURTHER ORDERED as follows:
6 A. Upon the entry of this Order, and pursuant to Fed. R.
7 Crim. P. 32.2(b)(3) and 21 U.S.C. § 853, the United States
8 Attorney General (or a designee) is authorized to seize the
9 Forfeitable Property.
10 B. Upon entry of this Order, the United States is further
11 authorized to conduct any discovery for the purpose of
12 identifying, locating, or disposing of the Forfeitable Property
13 subject to forfeiture pursuant to this Order, 21 U.S.C. § 853(m)
14 and Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure.
15 “Any discovery” shall include all methods of discovery permitted
16 under the Federal Rules of Civil Procedure.
17 C. Upon entry of this Order (and at any time in the
18 future after amendment of the applicable order of forfeiture in
19 this matter), the United States Attorney General (or a designee)
20 is authorized to commence any applicable proceeding to comply
21 with statutes governing third party rights, including giving
22 notice of this and any other Order affecting specific property.
23 The following paragraphs shall apply to any ancillary proceeding
24 conducted in this matter:
25 (1) Pursuant to 21 U.S.C. § 853(n)(1) and
26 Supplemental Rule G(4)(a)(iv)(C) of the Supplemental Rules for
27 Admiralty or Maritime Claims and Asset Forfeiture Actions, the
28 government shall forthwith publish for at least thirty (30)
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Case 2:20-cr-00579-SVW Document 932 Filed 09/03/21 Page 4 of 5 Page ID
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1 consecutive days on an official government website notice of
2 this order and any other Order affecting the Forfeitable
3 Property, and notice that any person, other than the defendant,
4 having or claiming a legal interest in the property must file a
5 petition with the Court within thirty (30) days of the
6 publication of notice or receipt of actual notice, whichever is
7 earlier. The United States shall also, to the extent
8 practicable, provide written notice to any person known to have
9 an alleged interest in the Forfeitable Property.
10 (2) Any person other than defendant ARTUR AYVAZYAN
11 (“defendant”) asserting a legal interest in the Forfeitable
12 Property may, within thirty days of the publication of notice or
13 receipt of notice, whichever is earlier, petition the court for
14 a hearing without a jury to adjudicate the validity of his or
15 her alleged interest in the property, and for an amendment of
16 the order of forfeiture, pursuant to 21 U.S.C. § 853(n)(2).
17 (3) Any petition filed by a third party asserting an
18 interest in the Forfeitable Property shall be signed by the
19 petitioner under penalty of perjury and shall set forth the
20 nature and extent of the petitioner’s right, title, or interest
21 in such property, the time and circumstances of the petitioner’s
22 acquisition of the right, title or interest in the property, any
23 additional facts supporting the petitioner’s claim, and the
24 relief sought. 21 U.S.C. § 853(n)(3).
25 (4) The United States shall have clear title to the
26 Forfeitable Property following the Court’s disposition of all
27 third-party interests or, if no petitions are filed, following
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Case 2:20-cr-00579-SVW Document 932 Filed 09/03/21 Page 5 of 5 Page ID
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