Pandemic Darlings The pandemic economy, in original documents
Home Source documents Final Order of Forfeiture as to 74203 Anastacia Lane, Palm Desert, California — United States v. Richard Ayvazyan et al. (Dkt. 1292)

Final Order of Forfeiture as to 74203 Anastacia Lane, Palm Desert, California — United States v. Richard Ayvazyan et al. (Dkt. 1292)

Summary

Final Order of Forfeiture, Document 1292, dated March 16, 2022, concerning the Palm Desert, California property in United States v. Richard Ayvazyan, et al., Case 2:20-cr-00579-SVW, U.S. District Court for the Central District of California. It recites that the Court's earlier Preliminary Orders of Forfeiture ordered forfeiture of the interests of defendants Richard Ayvazyan, Marietta Terabelian, Artur Ayvazyan, Tamara Dadyan, Manuk Grigoryan, Arman Hayrapetyan, Edvard Paronyan, and Vahe Dadyan in the real property. The United States and Encore Series Community Inc. requested entry of the final order, and the order states that the parties shall bear their own costs and attorneys' fees. It is presented by the United States Attorney's Office, Asset Forfeiture Section.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Final Order of Forfeiture as to 74203 Anastacia Lane, Palm Desert, California — United States v. Richard Ayvazyan et al. (Dkt. 1292).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-cacd-813905-1292-0-4d761c96ce/, SHA-256 e112e5763b13e4ee1980a88b51cdbd046431a9afaa27f38eeca37a9d34c7bd42.

Full text

     Case 2:20-cr-00579-SVW    Document 1292 Filed 03/16/22   Page 1 of 5 Page ID
                                       #:19931


 1

 2

 3

 4

 5

 6

 7

 8                            UNITED STATES DISTRICT COURT

 9                    FOR THE CENTRAL DISTRICT OF CALIFORNIA

10   UNITED STATES OF AMERICA,                No. CR 20-00579-SVW
11             Plaintiff,                     FINAL ORDER OF FORFEITURE AS TO
                                              74203 ANASTACIA LANE, PALM
12                   v.                       DESERT, CALIFORNIA
13   RICHARD AYVAZYAN,
          Aka “Richard Avazian” and
14   “Iuliia Zhadko,” et al.,

15             Defendants.

16

17        On August 19, 2021, August 24, 2021 and September 3, 2021, this
18   Court entered Preliminary Orders of Forfeiture (“POFs”)1, ordering
19   the forfeiture of the interests of defendants Richard Ayvazyan,
20   Marietta Terabelian, Artur Ayvazyan, Tamara Dadyan, Manuk Grigoryan,
21   Arman Hayrapetyan, Edvard Paronyan, and Vahe Dadyan in the real
22   property, having found that the real property was 1) property
23   constituting or derived from proceeds obtained, directly or
24   indirectly, as a result of the offenses traceable to one or more
25   violations of 18 U.S.C. §§ 1349, 1343, 1344(2), 1028A(a)(1), and 2)
26

27        1 On October 26, 2021, an Amended Preliminary Order of
28   Forfeiture was issued as to 74203 Anastacia Lane, Palm Desert,
     California.
     Case 2:20-cr-00579-SVW   Document 1292 Filed 03/16/22   Page 2 of 5 Page ID
                                      #:19932


 1   property involved in or traceable to violations of 18 U.S.C. § 1956,

 2   and that there was therefore a nexus between the seized funds and

 3   real property and the crimes of defendants’ convictions or admitted

 4   in the defendants’ plea agreements.

 5        The real property located at 74203 Anastacia Lane, Palm Desert,

 6   California, APN: 694-331-008 (“Palm Desert Property”), more

 7   particularly described as:

 8        Parcel 1:

 9        LOT 8 OF TRACT NO. 36554-1 IN THE CITY OF PALM DESERT, COUNTY OF

10   RIVERSIDE, STATE OF CALIFORNIA AS PER MAP RECORDED IN THE BOOK 438

11   PAGES 98 AND 99, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY

12   RECORDER OF CALIFORNIA.

13        PARCEL 2:

14        NON-EXCLUSIVE EASEMENTS APPURTENANT TO PARCEL 1 ABOVE, ON AND

15   OVER THE “COMMON AREA” AS DEFINED IN THE DECLARATION OF COVENANTS,

16   CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR ENCORE PALM

17   DESERT (“DECLARATION”) RECORDED IN THE OFFICE OF SAID COUNTY RECORDER

18   OF CALIFORNIA ON DECEMER 23, 2013 AS INSTRUMENT NO. 2013-0591271, FOR

19   ACCESS, USE, OCCUPANCY, ENJOYMENT, INGRESS AND EGRESS OF THE

20   AMENITIES LOCATED THEREON.      THE COMMON AREA IS FOR THE USE OF OWNERS

21   OF LOTS WHICH ARE SUBJECT TO THE DECLARATION AND IS NOT FOR THE USE

22   OF THE GENERAL PUBLIC.

23        Beginning on September 11, 2021, and ending on October 10, 2021,

24   and beginning on September 14, 2021, and ending on October 13, 2021,

25   the United States caused to be published on an official government

26   internet site (www.forfeiture.gov) notice of the forfeiture orders.

27   Each of the notices advised of the government’s intent to dispose of

28
                                            2
     Case 2:20-cr-00579-SVW   Document 1292 Filed 03/16/22    Page 3 of 5 Page ID
                                      #:19933


 1   the seized real property in accordance with law and as specified in

 2   the POFs, and further notified all eligible third parties of their

 3   right to petition this Court within thirty days for a hearing to

 4   adjudicate the validity of their alleged legal interest in the seized

 5   real property.

 6        Encore Series Community Inc. and United Wholesale Mortgage

 7   either submitted a petition or filed a claim.           The government settled

 8   with both Encore Series Community Inc., and United Wholesale

 9   Mortgage.   No other parties have filed petitions in this proceeding,

10   and the time for filing such petitions has expired.           Entry of the

11   final order of forfeiture is proper because the public notice

12   provisions governing criminal forfeiture have been met.

13        The United States of America and Encore Series Community Inc.

14   have requested that a Final Order of Forfeiture be entered pursuant

15   to the Court’s order.     See ECF 1246.

16        IT IS THEREFORE HEREBY ORDERED, ADJUDGED, AND DECREED that the

17   property identified in the FOF be disposed of and the proceeds of the

18   sale will be payable in the following manner:

19               a.   First, to the United States of America (including its

20   agency the United States Marshals Service) for all expenses incurred

21   relative to the Palm Desert Property, including, but not limited to,

22   expenses of custody, advertising and sale;

23               b.   Second, payment to the County Assessor and Tax

24   Collector of Riverside County, California for any unpaid real

25   property taxes assessed against the Palm Desert Property up to the

26   date of filing of this Final Order of Forfeiture;

27               c.   Third, $2,759.00 plus fees accruing after November 16,

28
                                            3
     Case 2:20-cr-00579-SVW   Document 1292 Filed 03/16/22   Page 4 of 5 Page ID
                                      #:19934


 1   2021 at $93.00 per month and related costs, which shall not exceed

 2   $1,000.00 of the remaining proceeds to Lienholder Encore Series

 3   Community Inc.;

 4               d.    Fourth, $537,747.18 to lienholder United Wholesale

 5   Mortgage;

 6               e.    Fifth, payment to the United States Marshals Service,

 7   which will deposit and dispose of the remaining proceeds from the

 8   sale of the Palm Desert Property in accordance with law

 9         Encore Series Community Inc. and United Wholesale Mortgage

10   released the United States of America, its agencies, agents, and

11   officers, including, without limitation, employees and other

12   representatives of the Federal Bureau of Investigation, from any and

13   all claims, defenses, actions, or liabilities arising out of or

14   related to this action against seized funds, including, without

15   limitation, any and all claims for attorneys’ fees, costs, or

16   interest which may be asserted by them or on their behalf.

17         The parties shall bear their own costs and attorneys’ fees in

18   this action.

19   ///

20   ///

21

22

23

24

25

26

27

28
                                            4
     Case 2:20-cr-00579-SVW    Document 1292 Filed 03/16/22   Page 5 of 5 Page ID
                                       #:19935


 1        This Court shall retain jurisdiction over this matter to enforce

 2   the provisions of the Final Order of Forfeiture.

 3   DATED:     March 16      , 2022
                                              THE HONORABLE STEPHEN V. WILSON
 4                                            UNITED STATES DISTRICT JUDGE

 5
     PRESENTED BY:
 6
     TRACY L. WILKISON
 7   United States Attorney
     SCOTT M. GARRINGER
 8   Assistant United States Attorney
     Chief, Criminal Division
 9   JONATHAN GALATZAN
     Assistant United States Attorney
10   Chief, Asset Forfeiture Section

11
     /s/Dan G. Boyle
12   DAN G. BOYLE
     Assistant United States Attorney
13   Asset Forfeiture Section

14   Attorneys for Plaintiff
     UNITED STATES OF AMERICA
15

16

17

18

19

20

21

22

23

24

25

26

27

28
                                             5


File and source

File
gov.uscourts.cacd.813905.1292.0.pdf
Size
158,107 bytes
SHA-256
e112e5763b13e4ee1980a88b51cdbd046431a9afaa27f38eeca37a9d34c7bd42
Our copy
gov.uscourts.cacd.813905.1292.0.pdf
Original
No public link identified.
Back to top