Final Order of Forfeiture as to 4910 Topeka Drive, Tarzana, California — United States v. Richard Ayvazyan et al. (Dkt. 1293)
Summary
Final Order of Forfeiture, Document 1293, dated March 16, 2022, concerning the Tarzana, 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 order states that entry is proper because the public notice provisions governing criminal forfeiture have been met, and that the parties shall bear their own costs and attorneys' fees.
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“Final Order of Forfeiture as to 4910 Topeka Drive, Tarzana, California — United States v. Richard Ayvazyan et al. (Dkt. 1293).”
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Case 2:20-cr-00579-SVW Document 1293 Filed 03/16/22 Page 1 of 7 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 4910 TOPEKA DRIVE,
12 v. TARZANA, 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 1293 Filed 03/16/22 Page 2 of 7 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 a. The real property located at 4910 Topeka Drive, Tarzana,
6 California, APN: 2176-029-031 (the “Tarzana Property”), more
7 particularly described as:
8 DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE
9 COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS
10 FOLLOWS:
11 PARCEL 1:
12 THOSE PORTIONS OF LOT 71 and 72 OF TRACT 2605, IN THE CITY OF
13 LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
14 MAP RECORDED IN BOOK 27 PAGE 55 ET SEQ. OF MAPS, AND THAT
15 PORTION OF PARCEL "A” OF PARCEL MAP L.A. NO. 2015 AS PER MAP
16 FILED IN BOOK 32 PAGE 19 OF PARCEL MAPS, IN THE OFFICE OF THE
17 COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
18 BEGINNING AT A POINT IN THE CENTERLINE OF TOPEKA DRIVE, 40 FEET
19 WIDE, AS SHOWN ON SAID MAP, DISTANT THEREON SOUTH 15° 10' 00"
20 WEST 178.55 FEET FROM THE NORTHEASTERLY TERMINUS OF THAT CERTAIN
21 COURSE IN THE CENTERLINE OF TOPEKA DRIVE SHOWN ON SAID MAP AS
22 HAVING A BEARING OF NORTH 15° 10' 00" EAST AND LENGTH OP 1055.19
23 FEET;
24 THENCE SOUTH 74° 50' 00" EAST 56.09 FEET TO THE BEGINNING OF A
25 TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
26 129.86 FEET;
27 THENCE EASTERLY ALONG SAID CURVE 128.40 FEET; TO THE TRUE POINT
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1 OF BEGINNING;
2 THENCE TANGENT TO SAID CURVE NORTH 48° 30' 50" EAST 147.14 FEET
3 TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST,
4 HAVING A RADIUS OF 100.05 FEET;
5 THENCE EASTERLY ALONG SAID CURVE, 125.14 FEET, A RADIAL LINE TO
6 SAID POINT BEARS NORTH 30° 10' 46" EAST;
7 THENCE NORTH 10° 52' 46" EAST 45.32 FEET;
8 THENCE SOUTH 84° 29' 18" EAST 182.82 FEET;
9 THENCE SOUTH 04° 13' 10" WEST 195.63 FEET TO A POINT IN A CURVE
10 CONCAVE WESTERLY HAVING A RADIUS OF 175.31 FEET; A RADIAL LINE
11 TO SAID POINT BEARS NORTH 62° 22' 50” EAST;
12 THENCE CONTINUING EASTERLY AND SOUTHERLY ALONG SAID CURVE
13 THROUGH A CENTRAL ANGLE OF 50° 06' 30" AN ARC DISTANCE OF 153.32
14 FEET;
15 THENCE TANGENT TO SAID CURVE SOUTH 22° 29' 20" WEST 63.38 FEET
16 TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST
17 HAVING A RADIUS OF 375.00 FEET;
18 THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
19 OF 13° 52' 00" 90.76 FEET TO THE BEGINNING OF A REVERSE CURVE
20 CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 161.89 FEET;
21 THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
22 OF 17° 46' 00" 50.20 FEET TO THE BEGINNING OF A REVERSE CURVE
23 CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 75.69 FEET;
24 THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE, THROUGH A
25 CENTRAL ANGLE OF 33° 58' 30" 44.88 FEET TO A POINT OF CUSP IN
26 THE NORTHERLY LINE OF SAID PARCEL "A" SAID NORTHERLY LINE BEING
27 A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 30.00'; A
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1 RADIAL LINE TO SAID POINT BEARS SOUTH 38° 26' 10" EAST;
2 THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 116°
3 31' 20" AN ARC DISTANCE OF 61.01 FEET;
4 THENCE SOUTH 10° 54' 50" EAST 92.71 FEET;
5 THENCE SOUTH 80° 16' 17" WEST 20.00 FEET;
6 THENCE NORTH 31° 28' 33" WEST 120.33 FEET;
7 THENCE NORTH 22° 17' 48" WEST 20.00 FEET TO THE BEGINNING OF A
8 CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 55.69 FEET;
9 THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
10 49° 06' 52" AN ARC DISTANCE OF 47.74 FEET TO THE BEGINNING OF A
11 REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 181.89
12 FEET;
13 THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
14 17° 46' 00" AN ARC DISTANCE OF 56.40 FEET TO THE BEGINNING OF A
15 REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 355.00
16 FEET;
17 THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
18 12° 45' 16" AN ARC DISTANCE OF 79.03 FEET;
19 THENCE NORTH 67° 12' 02" WEST 268.30 FEET;
20 THENCE NORTH 15° 10' 00" EAST 43.00 FEET;
21 THENCE NORTH 47° 02' 30" WEST 175.00 FEET TO THE TRUE POINT OF
22 BEGINNING.
23 PARCEL 2:
24 THE RIGHT OF INGRESS AND EGRESS FOR SAID PROPERTY OVER A ROADWAY
25 EASEMENT FROM TOPEKA DRIVE OVER THAT PORTION OF LOT 71, OF TRACT
26 NO. 2605, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES,
27 STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 27, PAGE 55, ET
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1 SEQ., OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
2 COUNTY, INCLUDED WITHIN A STRIP OF LAND 30.00 FEET IN WITH,
3 LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
4 LINE:
5 BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND CONVEYED TO
6 CIRELLA G. SMITH AND HUSBAND, BY DEED RECORDED JULY 8, 1943 AS
7 INSTRUMENT NO. 118, IN BOOK 20132 PAGE 100, OFFICIAL RECORDS,
8 SAID CORNER BEING DISTANT 261.45 FEET NORTHERLY FROM THE
9 SOUTHWESTERLY CORNER OF LOT 71, SAID TRACT 2605; THENCE NORMAL
10 TO THE EASTERLY LINE OF TOPEKA DRIVE, SOUTH 74° 50' 00” EAST
11 36.09 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
12 NORTHWEST HAVING A RADIUS OF 129.86 FEET; THENCE NORTHEASTERLY
13 ALONG SAID CURVE, 128.40 FEET; THENCE TANGENT TO SAID CURVE,
14 NORTH 48° 30' 50" EAST 147.14 FEET TO THE BEGINNING OF A TANGENT
15 CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 100.05 FEET; THENCE
16 EASTERLY ALONG SAID CURVE, 144.70 FEET; THENCE TANGENT TO SAID
17 CURVE, SOUTH 48° 37' 10" EAST, 161.06 FEET TO THE BEGINNING OF A
18 TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 175.31 FEET,
19 THENCE SOUTHERLY ALONG SAID CURVE, 217.57 FEET; THENCE TANGENT
20 TO SAID CURVE, SOUTH 22° 29' 20" WEST 42.15 FEET TO A POINT.
21 Beginning on September 11, 2021, and ending on October 10, 2021,
22 and beginning on September 14, 2021, and ending on October 13, 2021,
23 the United States caused to be published on an official government
24 internet site (www.forfeiture.gov) notice of the forfeiture orders.
25 Each of the notices advised of the government’s intent to dispose of
26 the seized real property in accordance with law and as specified in
27 the POFs, and further notified all eligible third parties of their
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1 right to petition this Court within thirty days for a hearing to
2 adjudicate the validity of their alleged legal interest in the seized
3 real property.
4 Private Money Solutions, Inc. and Gregory Shirin submitted a
5 petition. The government settled with both Private Money Solutions,
6 Inc. and Gregory Shirin. No other parties have filed petitions in
7 this proceeding, and the time for filing such petitions has expired.
8 Entry of the final order of forfeiture is proper because the public
9 notice provisions governing criminal forfeiture have been met.
10 The United States of America, Private Money Solutions, Inc. and
11 Gregory Shirin have requested that a Final Order of Forfeiture be
12 entered pursuant to the Court’s order. See ECF 1240.
13 IT IS THEREFORE HEREBY ORDERED, ADJUDGED, AND DECREED that the
14 property identified in the FOF be disposed of and the proceeds of the
15 sale will be payable in the following manner:
16 a. First, to the United States of America (including its
17 agency the United States Marshals Service) for all expenses incurred
18 relative to the Palm Desert Property, including, but not limited to,
19 expenses of custody, advertising and sale;
20 b. Second, payment to the County Assessor and Tax
21 Collector of Los Angeles County, California for any unpaid real
22 property taxes assessed against the Tarzana Property up to the date
23 of filing of this Final Order of Forfeiture;
24 c. Third, $2,000,000.00 of the remaining proceeds to
25 Lienholder Gregory Shirin;
26 d. Fourth, $112,500.00 of the remaining proceeds to
27 Lienholder Private Money Solutions, Inc.;
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1 e. Fifth, payment to the United States Marshals Service,
2 which will deposit and dispose of the remaining proceeds from the
3 sale of the Tarzana Property in accordance with law
4 Private Money Solutions, Inc. and Gregory Shirin released the
5 United States of America, its agencies, agents, and officers,
6 including, without limitation, employees and other representatives of
7 the Federal Bureau of Investigation, from any and all claims,
8 defenses, actions, or liabilities arising out of or related to this
9 action against seized funds, including, without limitation, any and
10 all claims for attorneys’ fees, costs, or interest which may be
11 asserted by them or on their behalf.
12 The parties shall bear their own costs and attorneys’ fees in
13 this action.
14 This Court shall retain jurisdiction over this matter to enforce
15 the provisions of the Final Order of Forfeiture.
16 DATED: March 16 , 2022
THE HONORABLE STEPHEN V. WILSON
17 UNITED STATES DISTRICT JUDGE
18
PRESENTED BY:
19
TRACY L. WILKISON
20 United States Attorney
SCOTT M. GARRINGER
21 Assistant United States Attorney
Chief, Criminal Division
22 JONATHAN GALATZAN
Assistant United States Attorney
23 Chief, Asset Forfeiture Section
24 /s/Dan G. Boyle
DAN G. BOYLE
25 Assistant United States Attorney
Asset Forfeiture Section
26
Attorneys for Plaintiff
27 UNITED STATES OF AMERICA
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