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.
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“Final Order of Forfeiture as to 74203 Anastacia Lane, Palm Desert, California — United States v. Richard Ayvazyan et al. (Dkt. 1292).”
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Case 2:20-cr-00579-SVW Document 1292 Filed 03/16/22 Page 1 of 5 Page ID
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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.
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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)
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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
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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
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Case 2:20-cr-00579-SVW Document 1292 Filed 03/16/22 Page 3 of 5 Page ID
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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,
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Case 2:20-cr-00579-SVW Document 1292 Filed 03/16/22 Page 4 of 5 Page ID
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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.
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Case 2:20-cr-00579-SVW Document 1292 Filed 03/16/22 Page 5 of 5 Page ID
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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
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PRESENTED BY:
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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
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/s/Dan G. Boyle
12 DAN G. BOYLE
Assistant United States Attorney
13 Asset Forfeiture Section
14 Attorneys for Plaintiff
UNITED STATES OF AMERICA
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