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Home Source documents Government sentencing position for defendant Marietta Terabelian — No. 2:20-cr-00579 (Dkt. 1147, C.D. Cal.)

Government sentencing position for defendant Marietta Terabelian — No. 2:20-cr-00579 (Dkt. 1147, C.D. Cal.)

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     Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 1 of 31 Page ID #:18601



1      TRACY L. WILKISON
       Acting United States Attorney
2      SCOTT M. GARRINGER
       Assistant United States Attorney
3      Chief, Criminal Division
       SCOTT PAETTY (Cal. Bar No. 274719)
4      CATHERINE AHN (Cal. Bar No. 248286)
       BRIAN FAERSTEIN (Cal. Bar No. 274850)
5      Assistant United States Attorneys
       Major Frauds/Environmental and Community Safety Crimes Sections
6           1100/1300 United States Courthouse
            312 North Spring Street
7           Los Angeles, California 90012
            Telephone: (213) 894-6527/2424/3819
8           Facsimile: (213) 894-6269/0141
            E-mail:    Scott.Paetty@usdoj.gov
9                      Catherine.S.Ahn@usdoj.gov
                       Brian.Faerstein@usdoj.gov
10
       JOSEPH S. BEEMSTERBOER
11     Acting Chief, Fraud Section
       Criminal Division, U.S. Department of Justice
12     CHRISTOPHER FENTON
       Trial Attorney, Fraud Section
13     Criminal Division, U.S. Department of Justice
            1400 New York Avenue NW, 3rd Floor
14          Washington, DC 20530
            Telephone: (202) 320-0539
15          Facsimile: (202) 514-0152
            E-mail:     Christopher.Fenton@usdoj.gov
16
       Attorneys for Plaintiff
17     UNITED STATES OF AMERICA

18                             UNITED STATES DISTRICT COURT

19                       FOR THE CENTRAL DISTRICT OF CALIFORNIA

20     UNITED STATES OF AMERICA,             No. CR 20-00579-SVW-3

21                Plaintiff,                 GOVERNMENT’S SENTENCING POSITION FOR
                                             DEFENDANT MARIETTA TERABELIAN;
22                      v.                   DECLARATION OF CATHERINE AHN WITH
                                             ATTACHED EXHIBITS 1 AND 2 (FILED
23     MARIETTA TERABELIAN,                  UNDER SEAL)
         aka “Marietta Abelian” and
24          “Viktoria Kauichko,”             Sentencing: November 15, 2021
                                             Time:       11:00 a.m.
25                Defendant.                 Location:   Courtroom of the
                                                         Hon. Stephen V. Wilson
26

27

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     Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 2 of 31 Page ID #:18602



1            Plaintiff United States of America, by and through its counsel

2      of record, the Acting United States Attorney for the Central District

3      of California, Assistant United States Attorneys Catherine Ahn, Scott

4      Paetty, and Brian Faerstein, and Department of Justice Trial Attorney

5      Christopher Fenton, hereby files its sentencing position regarding

6      defendant Marietta Terabelian.

7            The government’s sentencing position is based upon the attached

8      memorandum of points and authorities, the declaration of Catherine

9      Ahn and accompanying exhibits, the presentence investigation report,

10     the files and records in this case, and any other evidence or

11     argument that the Court may wish to consider at the time of
       sentencing.    The government reserves the right to file any
12
       supplemental sentencing positions that may be necessary.
13
        Dated:   November 10, 2021          Respectfully submitted,
14
                                            TRACY L. WILKISON
15                                          Acting United States Attorney
16                                          SCOTT M. GARRINGER
                                            Assistant United States Attorney
17                                          Chief, Criminal Division
18                                                /s/
                                            CATHERINE AHN
19                                          SCOTT PAETTY
                                            BRIAN FAERSTEIN
20                                          Assistant United States Attorneys
                                            CHRISTOPHER FENTON
21                                          Department of Justice Trial Attorney
22                                          Attorneys for Plaintiff
                                            UNITED STATES OF AMERICA
23

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     Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 3 of 31 Page ID #:18603



1                                    TABLE OF CONTENTS

2      DESCRIPTION                                                                 PAGE

3

4      TABLE OF AUTHORITIES..............................................iii

5      MEMORANDUM OF POINTS AND AUTHORITIES................................1

6      I.    INTRODUCTION...................................................1

7      II.   RELEVANT FACTUAL AND PROCEDURAL HISTORY........................2

8            A.   Defendant’s Charges, Convictions, and Motions.............2

9            B.   The PSR, Objections, and the Defense Sentencing
                  Position..................................................5
10
       III. THE COURT SHOULD ADOPT THE PSR AND GOVERNMENT’S RECOMMENDED
11          GUIDELINES CALCULATION.........................................7

12           A.   The Conspirators’ Attempts to Obtain Approximately
                  $20.1 Million in Fraudulent Loans and Launder the
13                Received Funds was Reasonably Foreseeable to Defendant....7

14                1.    A Preponderance of the Evidence Standard Applies
                        at Sentencing Based on Clear Ninth Circuit
15                      Precedent............................................7

16                2.    The Court Should Adopt the Findings of the PSR
                        with Respect to the Scope of Defendant’s Relevant
17                      Conduct..............................................9

18           B.   The PPP Lenders are Victims under Ninth Circuit
                  Precedent................................................13
19
             C.   The Court Should Adopt the Enhancements for
20                Sophisticated Means, Possession and Use of
                  Authentication Features, and Decline to Apply a
21                Mitigating Role Reduction................................16

22                1.    The Court Should Adopt the PSR’s Recommendation
                        that the Sophisticated Means Enhancement Should
23                      Apply Pursuant to U.S.S.G. § 2B1.1(b)(10)(A)(i).....16

24                2.    The Court Should Adopt a +2 Enhancement for
                        Possession or Use of an Authentication Feature
25                      Pursuant to U.S.S.G. § 2B1.1(b)(11)(A)(ii)..........17

26                3.    A Mitigating Role Reduction Should Not Apply........18

27           D.   The Court Should Apply the Vulnerable Victims
                  Enhancement Pursuant to U.S.S.G. § 3A1.1(b)(1)...........18
28

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1                             TABLE OF CONTENTS (CONTINUED)

2      DESCRIPTION                                                                 PAGE

3      IV.   THE GOVERNMENT’S SENTENCING RECOMMENDATION....................20

4            A.   262 Months’ Imprisonment Is Sufficient But Not More
                  than Necessary to Meet the Goals of 18 U.S.C.
5                 § 3553(a)................................................20

6                 1.    Defendant’s Essential Role in the Crimes, Prior
                        Conviction, and Current Flight from Supervision
7                       Support the USPO and Government’s Recommendation....21

8                 2.    Defendant’s Crimes Occurred During, and Took
                        Advantage of, an Unprecedented Economic Disaster
9                       to Fund a Lavish Lifestyle While Fellow Americans
                        Were Suffering......................................23
10
                  3.    Defendant Should be Held Accountable for
11                      $16,464,071.26 in Restitution and Forfeiture........25

12     V.    CONCLUSION....................................................25

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1                                  TABLE OF AUTHORITIES

2      DESCRIPTION                                                                 PAGE

3      CASES

4      Gall v. United States, 552 U.S. 38 (2007)..........................20

5      Molina-Martinez v. United States, 136 S.Ct. 1338 (2016)............20

6      United States v. Armstead, 552 F.3d 769 (9th Cir. 2008).............9

7      United States v. Berger, 587 F.3d 1038 (9th Cir. 2009)..............9

8      United States v. Blitz, 151 F.3d 1002 (9th Cir. 1998)...............9

9      United States v. Carty, 520 F.3d 984 (9th Cir. 2008)...............20

10     United States v. Cuellar, 165 F.3d 918 (9th Cir. 1998)
            (unpublished).................................................19
11
       United States v. Harrison-Philpot, 978 F.2d 1520 (9th Cir. 1992)....8
12
       United States v. Hymas, 780 F.3d 1285 (9th Cir. 2015)...............8
13
       United States v. Jordan, 256 F.3d 922 (9th Cir. 2001)...............8
14
       United States v. Lloyd, 807 F.3d 1128 (9th Cir. 2015)...............9
15
       United States v. Mercado, 474 F.3d 654 (9th Cir. 2007).............20
16
       United States v. Miller, 953 F.3d 1095 (9th Cir. 2020)..............9
17
       United States v. Parlor, 2 F.4th 807 (9th Cir. 2021)................8
18
       United States v. Pham, 545 F.3d 712 (9th Cir. 2008)............14, 15
19
       United States v. Riley, 335 F.3d 919 (9th Cir. 2003).............7, 8
20
       United States v. Treadwell, 593 F.3d 990 (9th Cir. 2010).........8, 9
21
       United States v. Watts, 519 U.S. 148 (1997)........................20
22
       STATUTES
23
       18 U.S.C. § 3553(a)....................................20, 21, 23, 24
24
       OTHER AUTHORITIES
25
       U.S.S.G. § 1B1.3....................................................9
26
       U.S.S.G. § 2B1.1...............................................13, 17
27
       U.S.S.G. § 3A1.1...............................................19, 20
28

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1                            TABLE OF AUTHORITIES (CONTINUED)

2      DESCRIPTION                                                                 PAGE

3      U.S.S.G. § 3B1.2...................................................18

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     Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 7 of 31 Page ID #:18607



1                         MEMORANDUM OF POINTS AND AUTHORITIES

2      I.    INTRODUCTION

3            On June 25, 2021, a jury convicted defendant Marietta Terabelian

4      (“Terabelian”) of conspiring with her husband, Richard Ayvazyan, her

5      brother-in-law Artur Ayvazyan, her sister-in-law Tamara Dadyan and

6      Tamara Dadyan’s cousin, Vahe Dadyan, and others to use real and false

7      personal identifiers to create false and synthetic identities and

8      businesses, submit fraudulent Paycheck Protection Program (“PPP”) and

9      Economic Injury Disaster Loan (“EIDL”) applications on behalf of

10     those fictitious entities as well as businesses they controlled,

11     obtain and spend the fraudulent loan proceeds, and launder those

12     proceeds through bank accounts.       (ECF 1125, Revised Presentence

13     Investigation Report (“PSR”) ¶¶ 16-70.)        Defendant and her husband

14     absconded from supervision shortly after the Court denied their post-

15     trial motions, and despite the issuance of warrants for their arrest,

16     remain at large.     (PSR ¶¶ 8, 75-77.)

17           For this conduct, the government and the United States Probation

18     Office (“USPO”) recommend the Court impose a total sentence of 262

19     months’ imprisonment, at the low-end of defendant’s advisory

20     guidelines range based on a criminal history category of I and total

21     offense level of 39, and five years of supervised release, with the

22     conditions recommended by the USPO. 1       (See ECF 1124, USPO Revised

23     Recommendation Letter (“USPO Rec. Letter”) at 2-4.)          The government

24

25           1The statutory maximum for counts 1-20 is 30 years’
       imprisonment and five years of supervised release, and 20 years’
26     imprisonment and three years of supervised release for count 26.
       (PSR ¶¶ 136, 140-142.) As such, the government and USPO recommend a
27     term of 262 months’ imprisonment (262 months on counts 1-20, and 240
       months on count 26, all served concurrently), and five years of
28     supervised release (five years on counts 1-20, and three years on
       count 26), all served concurrently. (USPO Rec. Letter at 2-4.)
     Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 8 of 31 Page ID #:18608



1      and the USPO also recommend the Court order defendant to pay

2      $16,464,071.26 in restitution to the U.S. Small Business

3      Administration (“SBA”) and PPP lenders (PSR ¶ 149), the special

4      assessment of $2,100, and order the forfeiture of the property

5      identified in the jury’s special verdict from as to defendant (ECF

6      648).      (USPO Rec. Letter at 1-2; see also Exhibit 1 (attached to the

7      Decl. of Catherine Ahn (“Ahn Decl.”)) (filed under seal) at 1-2.) 2

8      II.   RELEVANT FACTUAL AND PROCEDURAL HISTORY

9            A.     Defendant’s Charges, Convictions, and Motions

10           On March 9, 2021, a grand jury returned a first superseding

11     indictment against defendant and seven co-defendants, charging

12     conspiracy to commit bank fraud and wire fraud, wire fraud and bank

13     fraud, aggravated identity theft, and conspiracy to commit money

14     laundering.     (ECF 154 (First Superseding Indictment).)        The

15     conspiracy began in March 2020 until at least August 2020, during

16     which Terabelian and her co-conspirators sought, received, and

17     laundered the fraudulent loan proceeds through numerous accounts,

18     including Terabelian’s own personal bank account, as well as accounts
19     in the names of the false and synthetic business and individual

20     identities created and used in the fraud.         (Id.)   The end of the

21     money trial frequently led, however, to Terabelian and her husband,

22     ending up in real estate purchased in either their own names or

23     identities used by defendant and her husband (“Viktoria Kauichko” and

24     “Iulia Zhadko”), as well as gold coins, luxury watches, fine

25     furnishings, and jewelry found in their home.         (See e.g., GEX 115

26     (loan tracing summary chart); 6/17/2021 A.M. Tr. 93:17-25, 100:14-

27

28           2The intended and actual losses for defendants Richard Ayvazyan
       and Marietta Terabelian are lower because they include fewer loans.
                                          2
     Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 9 of 31 Page ID #:18609



1      105:16 (Testimony of Caitlin Bowdler on gold coins, watches, and

2      jewelry found at the Topeka residence); 6/17/2021 P.M. Tr. 33:1-

3      33:20, 39:2-10, and 43:7-44:17 (Testimony of Anthony Farrar).)

4            On June 15, 2021, defendant and three of her co-conspirators –

5      husband Richard Ayvazyan, brother-in-law Artur Ayvazyan, and his

6      cousin-in-law, Vahe Dadyan - went to trial.                Defendant was convicted

7      of the fraud and money laundering conspiracies (counts 1 and 26),

8      wire fraud and bank fraud (counts 2 through 20), and acquitted on

9      count 22, charging her and Richard Ayvazyan with aggravated identity

10     theft related to her father Nazar Terabelian’s name and California

11     driver’s license number, during and in relation to count 11.                      (ECF

12     644, Redacted Verdict Form; see also PSR ¶¶ 1-7.)

13           The jury further heard testimony regarding a Wells Fargo debit

14     card found in defendant’s wallet in October 2020, when defendant was

15     stopped on her way back from Turks and Caicos.                 (6/16/2021 P.M. Tr.

16     97:7-98:23 (Testimony of Customs and Border Patrol (“CBP”) Officer

17     Theodora Louissant).)         The card was in the name of Viktoria Kauichko,

18     a synthentic identity used on many of the fraudulent PPP and EIDL
19     applications and banks accounts used to launder the fraudulent loan

20     proceeds.     (GEX 76a; see also image 1, supra.)

21

22

23

24

25

26

27
        Image 1. Photograph of “Viktoria Kauichko” debit card found in defendant’s wallet inside
28      her purse at Miami Airport (produced to defense as DOJ PROD 23706) (redacted).

                                                    3
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1         The government also presented evidence of defendant’s phone

2    calls following her arrest, during which defendant stated, “you know

3    the charges” (GEX 50e at 2), gave repeated instructions to “clean the

4    house as much as you can” (GEX 50b at 2), “clean the house as much as

5    you can, everything” (GEX 50e at 2) and “whoever calls, whatever they

6    say, you shouldn’t say anything to anyone” (GEX 50b at 2).                   Defendant

7    did not testify at trial.         During closing arguments, however, counsel

8    conceded that the calls “make[] her look guilty” and that she was

9    “asking for help.”       (6/24/2021 A.M. Tr. at 107:6 and 107:11-13.)

10        Following defendant’s convictions, defendant joined in her

11   husband’s motions for a judgment of acquittal and a new trial. (ECF

12   683 and 691.)     Among other things, defendants argued that the

13   government did not sufficiently tie the forfeited watches and

14   $451,185 in cash found in the bushes of defendant and Richard

15   Ayvazyan’s Topeka residence (see images 2 and 3) to specific

16   transactions or PPP/EIDL funds.          (ECF 875 (Order) at 8, ECF 648

17   (Forfeiture Special Verdict Form).) 3

18
19

20

21

22

23

24    Image 2. Photograph of bags of cash found   Image 3. Photograph of cash in the bags
      in bushes outside the Topeka residence on   found in the bushes outside the Topeka
25    November 5, 2020 (produced to defense as    residence on November 5, 2020 (produced to
      DOJ PROD 22573).                            defense as DOJ PROD 22575).
26
          3 The government has also manually lodged with the Court videos
27   taken during the search of the Topeka residence. (Ahn Decl. Exhibit
     2 (manually lodged and filed under seal).) As previously briefed,
28   the government began the execution of the search of other co-
                                             (footnote cont’d on next page)
                                        4
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 11 of 31 Page ID #:18611



1         The government opposed (ECF 790), and on August 20, 2021, the

2    Court denied defendants’ motions, pointing to the “substantial

3    circumstantial evidence” and finding that the jury’s verdict was

4    reasonable.   (ECF 875 at 8-9.)    As support, the Court pointed to the

5    evidence presented at trial:

6         The cash at issue here was discovered at a home purchased with
          proceeds of PPP and EIDL fraud (i.e., 4910 Topeka) where other
7         proceeds of PPP and EIDL fraud (e.g., gold coins and luxury
          watches) were also discovered. Similarly, hundreds of thousands
8
          of dollars (aside from the two watches with direct links to PPP
9         and EIDL funds) were transferred from “Viktoria Kauichko” (i.e.,
          the alias used by Marietta Terabelian and Richard Ayvazyan in
10        furtherance of PPP and EIDL fraud) to the companies that sold
          the luxury watches.
11
     Id. at 9.
12

13        B.     The PSR, Objections, and the Defense Sentencing Position

14        The UPSO filed its initial PSR on August 30, 2021 (ECF 890), a

15   first addendum in response to defendant’s objections (filed under

16   seal) and the government’s response, and issued a second addendum and

17   a revised PSR on November 8, 2021, which responded to objections

18
     conspirator locations at approximately 6:00 a.m. on November 5, 2020,
19   before arriving at the Topeka residence, and defendant Terabelian had
     likely been notified. (ECF 207 at 15 and ECF 188 at 16.) At
20   approximately 7:06:34 a.m., the first video shows a slender
     individual with long blonde hair tied in a ponytail (consistent with
21   defendant Terabelian), wearing a light gray top and gray pants, walk
     by the side of the Topeka residence towards the bushes at the rear
22   corner of the building. At approximately 7:06:41, the individual
     appears to be holding a light-colored bag in her right hand as she
23   walks towards the bushes. At approximately 7:46:49 a.m., the
     individual can be seen handling the light-colored bag at the base of
24   the bushes. At approximately 7:06:58, the individual can be seen
     apparently inspecting the area, before walking back towards the front
25   yard without the light-colored bag. On the second video, at
     approximately 7:23 a.m., law enforcement vehicles can be seen
26   arriving. At approximately 7:24:22 a.m. a door opens and, at
     7:24:36, the individual (now in dark pants), can be seen running
27   along the side of the house, away from the corner where the
     aforementioned bushes were, towards the front yard. Defendant was
28   later identified as the individual who ran around house, where she
     was met by arriving agents. (ECF 188 at 16.)
                                       5
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1    raised in defendant’s sentencing position, filed under seal on

2    November 1, 2021.   (See ECF 965 (Govt. Response to the Initial PSR),

3    ECF 1126 (First Addendum to the PSR (“First Addendum”)), ECF 1126

4    (Second Addendum to the PSR (“Second Addendum”), and ECF 1125 (PSR).)

5    Defense counsel’s sentencing position argued, among other things,

6    that no loss-based enhancements should apply, and the inclusion of

7    loans as relevant conduct would need to be considered under a “clear

8    and convincing” basis.     (Def. Sent. Pos. at 3.)     Defense did concede

9    that, in the alternative, a loss of up to $249,807 was foreseeable to

10   defendant due to funds in that amount flowing through her personal

11   bank account.   (Id.)    Defense further conceded that if this Court

12   found defendant had absconded, a +2 enhancement for obstruction of

13   justice would apply.     (Id. at 7.)

14        The above concessions, combined with defendant’s conviction for

15   conspiracy to commit money laundering in violation of 18 U.S.C.

16   § 1956, and a reduction of 3 offense levels for mitigating role,

17   yielded a total defense recommendation of 18 offense levels.          Neither

18   the defense nor the government objected to the PSR’s calculation of
19   defendant’s criminal history category as I, despite defendant’s

20   previous conviction for conspiring, with Richard Ayvazyan, to commit

21   bank fraud in 2011.     (PSR ¶¶ 108-110.)    Defense argued for a below-

22   guidelines sentence of 24 months’ and three years of supervised

23   release.   (Id. at 8-12.)

24        In the First Addendum, the USPO concurred with the government’s

25   recommendation that an obstruction of justice enhancement should

26   apply, and, among other things, maintained that defendant Terabelian

27   did not qualify for a mitigating role reduction because she was not

28   “substantially less culpable than the average participant.”          (First

                                            6
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1    Addendum at 2-3.)   In the Second Addendum, the USPO disagreed with

2    defense counsel’s arguments regarding loss and relevant conduct, the

3    application of a mitigating role reduction, and defense counsel’s

4    objections to the additional enhancements.       (Id. at 1-4.)     The

5    resulting PSR calculated an overall offense level of 39 – an increase

6    of +2 offense levels from the initial PSR as a result of applying the

7    vulnerable victims enhancement pursuant to U.S.S.G. § 3A1.1(b)(1).

8    (PSR ¶¶ 93-95 and 104.)    The government concurs with the offense

9    level calculation in the revised PSR, yields an advisory guidelines

10   range of 262 to 327 months’ imprisonment. 4
11        The government and the USPO further concur on the sentencing

12   recommendation of 262 months’ imprisonment and five years of

13   supervised release, along with restitution of $16,464,071.26 and

14   payment of the $2,100 special assessment.       (USPO Rec. Letter at 1-4.)

15   III. THE COURT SHOULD ADOPT THE PSR AND GOVERNMENT’S RECOMMENDED
          GUIDELINES CALCULATION
16
          A.   The Conspirators’ Attempts to Obtain Approximately $20.1
17             Million in Fraudulent Loans and Launder the Received Funds
               was Reasonably Foreseeable to Defendant
18
               1.    A Preponderance of the Evidence Standard Applies at
19                   Sentencing Based on Clear Ninth Circuit Precedent

20        Factual findings underlying sentencing enhancements are

21   generally considered under a preponderance of the evidence standard.

22   United States v. Riley, 335 F.3d 919, 925 (9th Cir. 2003).          However,

23   defense counsel urges this Court to apply a clear and convincing

24   standard in determining the scope of relevant conduct.         (Def. Sent.

25

26
          4 As further described below, while the government concurs with
27   the application of a +2 enhancement pursuant to U.S.S.G.
     § 2B1.1(b)(11), the government recommends that it be applied on the
28   basis of authentication features rather than means of
     identifications. (See PSR ¶ 90(e) and infra at 17-18.)
                                        7
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1    Pos. at 3.)    This conflicts with clear and repeated Ninth Circuit

2    holdings on the standard as applied to conspiracy cases.          None of the

3    cases relied on by defense involved convictions for conspiracy where

4    the proposed scope of relevant conduct fell within the detailed scope

5    of charges.    See United States v. Parlor, 2 F.4th 807, 810 (9th Cir.

6    2021) (guilty plea to one count of felon-in-possession of a firearm)

7    and United States v. Jordan, 256 F.3d 922, 923-924 (9th Cir. 2001)

8    (guilty plea to one count of bank robbery).        This is a critical

9    distinction because the Ninth Circuit has consistently held that,

10   among other things, the use of uncharged conduct to enhance

11   defendant’s sentencing raise due process concerns that trigger the

12   clear and convincing standard.     See e.g., United States v. Harrison-

13   Philpot, 978 F.2d 1520, 1523 (9th Cir. 1992).        Those considerations

14   simply do not apply where the “pre-sentence report simply calculated

15   the sentencing range for conspiracy,” which “involves no

16   ‘enhancement’ of the sentence.”      Id.; see also Riley, 335 F.3d at

17   926-927 (applying preponderance to enhancements that fall within the

18   scope of the conspiracy).
19        The Ninth Circuit reaffirmed this approach in United States v.

20   Hymas, 780 F.3d 1285 (9th Cir. 2015), where the Court applied the

21   preponderance standard to loans that fell within the scope of the

22   charged and convicted wire fraud count, and clear and convincing to

23   losses from other loans.    780 F.3d at 1290-1291.      The Court reviewed

24   prior precedents and observed that losses from a conspiracy “need not

25   be proven by clear and convincing evidence because the defendants had

26   an opportunity at trial to challenge evidence of the fraud

27   conspiracy.”   Id. (citing United States v. Treadwell, 593 F.3d 990,

28   1001 (9th Cir. 2010) (overruled on other grounds in United States v.

                                           8
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1    Miller, 953 F.3d 1095 (9th Cir. 2020), United States v. Berger, 587

2    F.3d 1038, 1048-1049 (9th Cir. 2009), and United States v. Armstead,

3    552 F.3d 769, 777 (9th Cir. 2008).)        The Court should apply a

4    preponderance of the evidence standard at sentencing.

5              2.    The Court Should Adopt the Findings of the PSR with
                     Respect to the Scope of Defendant’s Relevant Conduct
6
          At sentencing, a defendant is responsible for “all reasonably
7
     foreseeable acts and omissions of others in furtherance of the
8
     jointly undertaken criminal activity, that occurred during the
9
     commission of the offense of conviction, in preparation for that
10
     offense, or in the course of attempting to avoid detection or
11
     responsibility for that offense.”      United States v. Lloyd, 807 F.3d
12
     1128, 1142–45 (9th Cir. 2015) (citing U.S.S.G. § 1B1.3(a)(1)(B)).
13
     Defendants are accountable for the conduct of co-conspirators that
14
     are: “(i) in furtherance of the jointly undertaken criminal activity;
15
     and (ii) reasonably foreseeable in connection with that criminal
16
     activity.”   Id. (citing Treadwell, 593 F.3d 990, 1002 (9th Cir. 2010)
17
     and United States v. Blitz, 151 F.3d 1002, 1012 (9th Cir. 1998)).           .
18
     The district court need not “proceed item-by-item through a complete
19
     list of all losses attributed to a criminal conspiracy”; rather, it
20
     should consider “‘the scope of the criminal activity the particular
21
     defendant agreed to jointly undertake.’” Blitz, 151 F.3d at 1012–13
22
     (quoting U.S.S.G. § 1B1.3, cmt. n. 2).
23
          Defendant’s position on the scope of relevant conduct depends on
24
     the mistaken argument that she should only be held accountable for
25
     two transactions involving fraudulent loan proceeds that went through
26
     defendant’s personal bank account.        (Def. Sent. Pos. at 3.)    The
27
     Court already rejected a similar argument when sentencing defendant’s
28

                                           9
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1    co-defendant, Vahe Dadyan, and it should reject it again, in

2    accordance with the evidence and Ninth Circuit precedent.

3         Defendant’s own statements and actions reveal her substantial

4    role and knowledge of the foreseeable scope of the fraud and money

5    laundering conspiracies for which she was convicted.         First, far from

6    having almost no knowledge or role in the conspiracies as defense

7    claims, defendant used her own personal account to launder fraudulent

8    loan proceeds.    (GEX 115.)   These funds were sent to her from

9    accounts in the names of convicted co-conspirators and businesses,

10   whose names were used to seek and obtain fraudulent PPP and EIDL

11   loans.    (Id. at 7.)   Specifically, on June 17, 2020, defendant’s

12   personal bank account received $150,000 from co-defendant Edvard

13   Paronyan’s Redline Auto Collision account, after co-defendant

14   Paronyan received more than $180,000 in fraudulent loan proceeds.

15   (Id.)    On June 19, 2020, defendant’s personal bank account received

16   an additional $100,000 from an account in the name of A. Grigoryan

17   and G&A Diamonds, only three days after that account had received

18   $144,900 in fraudulent loan proceeds.       (Id.)   The A. Grigoryan G&A
19   Diamonds loans were related to co-defendant Manuk Grigoryan.          (See

20   ECF 436 (Grigoryan Plea Agreement) ¶ 15.)       Following the receipt of

21   $250,000 in traceable, fraudulent loan proceeds, $565,000 was wired

22   to Encore Escrow Company on June 22, 2020.       (GEX 89 at 25 (Bank of

23   America records for Terabelian account x1475) and GEX 115 at 7.)

24        These transfers are not the only time defendant’s personal

25   account records reveal her role in executing the fraud and money

26   laundering conspiracies.    On the same day that she received the

27   $100,000 from the A. Grigoryan G&A Diamonds account, co-defendant

28   Manuk Grigoryan sent her an additional $25,000 from his J.P. Morgan

                                          10
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 17 of 31 Page ID #:18617



1    Chase account.   (GEX 115 at 12 and GEX 89 at 23.)       Similarly, on July

2    8, 2020, defendant received $25,000 from “Fiber One Media.”          (GEX 89

3    at 13.)   Fiber One Media is one of multiple businesses associated

4    with Viktoria Kauichko, along with the Runyan Tax Service Bank of

5    America account.    (GEX 116 at 1.)

6         The evidence found with and possessed by defendant further

7    support her knowledge of the foreseeable scope of the conspiracy.

8    Defendant was found with direct and personal possession of a Wells

9    Fargo debit card bearing Viktoria Kauichko’s name.         In text messages

10   with luxury watch dealer Anthony Farrar, defendant’s husband Richard

11   Ayvazyan identified Fiber One Media and Viktoria Kauichko as “my

12   wife’s info” (GEX 37c at 1).     Images found on her husband’s and her

13   own phone further connected her to Fiber One Media, a business used

14   to submit numerous fraudulent PPP and EIDL loan applications and

15   launder the proceeds.    On his phone, Richard Ayvazyan possessed

16   images of credit cards in the name of Susana Mkrtchyan and a check in

17   the name of “Susanna Mkrtchyan DBA Fiber One Media” (GEX 19c), while

18   an image found in defendant’s own phone displayed the name Susanna

19   Mkrtchyan, “#ID CA” followed by a string of numbers, and “Fiber One

20   Media” (GEX 16b).    (See also ECF 549 at 3-5.)      Similarly, Viktoria

21   Kauichko and Fiber One Media were associated with the same Canoga

22   Apartment address used for the Anton Kudiumov identity and business

23   used to submit additional EIDL and PPP loan applications, loan

24   applications submitted in the name of Viktoria Kauichko shared

25   commonalities with applications submitted in the names of numerous

26   other identities used in the fraud and money laundering conspiracies.

27   (GEX 116 at 1-2, 5, and 7.)

28

                                           11
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 18 of 31 Page ID #:18618



1          Defendant could also foresee the scope of the conspiracy through

2    the unlawful use of the fraudulent loan proceeds, particularly since

3    a significant amount of money went to support defendant’s own lavish

4    lifestyle.    The fraudulent proceeds defendant received in her

5    personal bank account did not end there; on June 25, 2020, three days

6    after receiving hundreds of thousands of PPP and EIDL money,

7    defendant wired more than half-a-million dollars to Encore Escrow to

8    purchase a $3.25 million home.     (GEX 89 at 25 and GEX 115 at 7.)

9    Just fifteen days after they closed on that luxury home, defendants

10   closed on yet another, $600,000 residence purchased in the name of

11   Viktoria Kauichko.   The money for that purchase was provided, in

12   part, by PPP and EIDL loan proceeds laundered through the Anton

13   Kudiumov and Redline Auto account and the Viktoria Kauichko account,

14   as well as an additional account in the name of Anton Kudiumov.           (GEX

15   115 at 6.)    In August 2020, yet another Viktoria Kauichko account was

16   used to receive $74,616 from her deceased father’s Mod Interiors

17   account - which itself had received $384,000 in fraudulent loan

18   proceeds – in order to purchase “imported fine furnishings” from

19   Italy 2000.   (GEX 115 at 9.)

20         Defendant’s own statements following her arrest also reveal her

21   actual knowledge of her and her co-conspirators’ criminal conduct.

22   In October 2020, after her arrest, defendant signaled to an

23   individual on the receiving end of her phone call that “you know the

24   charges” and twice instructed, by phone, that the other party should

25   “clean the house as much as you can.”       (GEX 50e at 2 and GEX 50b at

26   2.)   Defendant again attempted to obstruct justice and hide or

27   destroy evidence when law enforcement began executing residential

28   search warrants in November 2020.      On that day, approximately an hour

                                          12
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 19 of 31 Page ID #:18619



1    after law enforcement had begun executing searches at other

2    locations, including the home of her brother- and sister-in-law Artur

3    Ayvazyan and Tamara Dadyan, an individual matching defendant’s

4    description can be seen taking items to the bushes outside of her

5    house that were later revealed to hide approximately $451,185 in

6    cash.    (See Ahn Decl. Exhibit 2 and fn. 3, supra.)       The footage later

7    indicates she ran by those bushes on her way to the front yard when

8    law enforcement arrived at the Topkea residence.        (Id.)   Agents found

9    defendant’s phone dropped in the area she ran by, which revealed

10   additional evidence of her connection to the conspiracies (GEX 16b).

11        The aforementioned evidence supports the conclusion that the

12   conduct of defendant’s co-conspirators in furtherance of the fraud

13   and money laundering conspiracies was reasonably foreseeable to

14   defendant under a preponderance of the evidence standard, and she

15   should be held accountable for the full foreseeable scope of those

16   conspiracies, as described in Ahn Decl. Exhibit 1. 5

17           B.     The PPP Lenders are Victims under Ninth Circuit Precedent

18           Under U.S.S.G. § 2B1.1(b)(2)(A)(i), a +2 enhancement should be
19   applied if the offense involved ten or more victims.         A victim is

20   defined as “any person who sustained any part of the actual loss

21   determined under subsection (b)(1),” where the term “actual loss” is

22   defined as “the reasonably foreseeable pecuniary harm that resulted

23   from the offense” and “pecuniary harm” Pecuniary harm” is defined as

24   “harm that is monetary or that otherwise is readily measurable in

25   money.       U.S.S.G. § 2B1.1, cmt. App. Note 1 and 3(A)(i), (iii).

26

27
          5 The intended and actual loss calculations for defendants
28   Richard Ayvazyan and Marietta Terabelian are lower because they
     include fewer PPP/EIDL loans.
                                       13
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 20 of 31 Page ID #:18620



1         In the instant case, twelve PPP lenders and the SBA disbursed

2    $16,464,071.26 in PPP and EIDL funds for which defendant should be

3    held accountable.   (See Ahn Decl. Exhibit 1 at 1-2; see also First

4    PSR Addendum at 4 and PSR at ¶ 90(c).)       From a straightforward

5    factual point of view, the enhancement applies because these twelve

6    PPP lenders and the SBA did, in fact, disburse funds and sustained a

7    portion of the actual loss for defendant.       As indicated in the

8    government’s attached loss tables and the PSR, the SBA is not seeking

9    reimbursement of the entire amount of funds disbursed.         (See Ahn

10   Decl. Exhibit 1 at 2 and PSR ¶ 149.)      Rather, the SBA’s “due and

11   owing” restitution amount is only $5,589,900 of the approximately

12   $16.4 million in fraudulent loans disbursed.        (PSR ¶ 149.)

13        In addition, even if the SBA had reimbursed the lenders – which

14   the most up-to-date figures do not support – this would not

15   necessarily exclude the twelve PPP lenders from being recognized as

16   victims.   As articulated by the Ninth Circuit in United States v.

17   Pham, 545 F.3d 712 (9th Cir. 2008), even victims whose most immediate

18   and direct loss were reimbursed could still qualify as victims for
19   the purposes of U.S.S.G. § 2B1.1(b)(2).       In that case, ninety-five

20   individual victims had bank accounts that were compromised as part of

21   the fraud; however, once the individuals discovered their accounts

22   had been compromised, their accounts were restored and the banks

23   absorbed the losses.    Id. at 715-716.     Defendant argued that the

24   individual accountholders should be not included in the number of

25   victims calculation because their banks had absorbed the direct loss

26   to their bank accounts.    The district court rejected defendant’s

27   argument, pointing to the losses and harms incurred by the individual

28   accountholders in seeking to get their accounts restored.          Id. at

                                          14
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 21 of 31 Page ID #:18621



1    716.    The Ninth Circuit affirmed the district court’s rejection of

2    defendant’s argument, stating:

3           We therefore hold that where a bank fraud offense results in
            initial losses by bank account holder of the funds in their
4           accounts and a more permanent loss of those same funds by banks
            or other financial institutions when those institutions
5
            reimburse the account holders, both the account holder and the
6           banks have suffered harms that are “pecuniary” and “reasonably
            foreseeable” for purposes of the Guidelines’ definition of
7           “actual loss” that are sufficiently distinct from one another to
            avoid a double counting problem.
8
     Pham, 545 F.3d at 718 (citations omitted).
9

10          Furthermore, as discussed in the government’s motion in limine

11   to exclude evidence of alleged victim negligence (ECF 358), and

12   testified to by SBA witness Kathleen Littwin even though the SBA

13   guarantees a PPP loan, there is no automatic transfer of funds from

14   the SBA to the PPP lender.     (6/16/2021 A.M. Tr. 43:20-44:09; ECF 358

15   at 3-4.)    The PPP lender must go through an additional process of

16   requesting the SBA pay out the guarantee, and it is possible that the

17   SBA would refuse to do so.     (6/16/2021 A.M. Tr. 43:20-44:09.)

18   Furthermore, the PPP lender may still sustain losses associated with

19   the clawback of lender processing fees incurred as a result of an

20   ineligible loan, and – as noted by Ms. Littwin - the guarantee itself

21   could be rendered unavailable if, after reviewing the additional

22   records the PPP lender is required to submit to the SBA to receive

23   the guaranteed funds, the SBA determines that the PPP lender did not

24   abide by due diligence and anti-money laundering requirements.           (ECF

25   358 at 3-4.)    In other words, the PPP lenders – regardless of whether

26   the SBA provided them the guaranteed funds – still qualify as victims

27   who suffered cognizable pecuniary harms under the holding of Pham.

28

                                          15
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 22 of 31 Page ID #:18622



1         The testimony of Justin Masterman from PPP lender Celtic Bank

2    further supports this conclusion.      Celtic Bank incurred time and

3    resource costs associated with the handling and processing of the

4    initial loan application; as he explained, the SBA required PPP

5    lenders to obtain, and process, uniform information from PPP

6    applicants in order to determine their eligibility.         (6/21/2021 A.M.

7    Tr. (Testimony of Justin Masterman) at 19:21-20:7.)         In addition, if

8    Celtic Bank learned that a fraudulent or otherwise ineligible loan

9    had been approved, Mr. Masterman testified that the bank would

10   attempt to recover the funds – in essence, recover the fraudulent

11   loan proceeds that had been disbursed by the PPP lender.          (6/21/2021

12   A.M. Tr. 24:06-11 and 24:19-22.)      This testimony supports the

13   conclusion that Celtic Bank would take action to limit its losses,

14   not simply seek a guarantee from the SBA.

15        As such, the Court should reject defendant’s attempt to nullify

16   the victim status of the dozen PPP lenders whose money defendant and

17   her co-conspirators fraudulently sought and obtained, at direct cost

18   to those lenders, and apply the +2 enhancement for ten or more

19   victims.

20        C.    The Court Should Adopt the Enhancements for Sophisticated
                Means, Possession and Use of Authentication Features, and
21              Decline to Apply a Mitigating Role Reduction

22              1.   The Court Should Adopt the PSR’s Recommendation that
                     the Sophisticated Means Enhancement Should Apply
23                   Pursuant to U.S.S.G. § 2B1.1(b)(10)(A)(i)

24        A +2 sophisticated means enhancement is applicable where “the

25   offense otherwise involved sophisticated means and the defendant

26   intentionally engaged in or caused the conduct constituting

27   sophisticated means,” defined as “especially complex or especially

28   intricate offense conduct pertaining to the execution or concealment

                                          16
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 23 of 31 Page ID #:18623



1    of an offense.”    U.S.S.G. § 2B1.1(b)(10) and App. Note 9(B).        As

2    detailed above, defendant and her co-conspirators used a complicated

3    web of accounts held in their real names, accounts held in the names

4    of synthetic and fake identities and their associated companies, and

5    used those accounts to launder fraudulent loan proceeds through

6    numerous accounts.    (GEX 115.)   The proceeds themselves were obtained

7    using the same real and false identities and businesses to apply for,

8    and obtain, PPP and EIDL loans. (GEX 116.)       As such, this Court

9    should adopt the findings of the PSR and apply the +2 enhancement for

10   sophisticated means.    (PSR ¶ 90(d).)

11             2.      The Court Should Adopt a +2 Enhancement for Possession
                       or Use of an Authentication Feature Pursuant to
12                     U.S.S.G. § 2B1.1(b)(11)(A)(ii)

13        As discussed in detail in the government’s sentencing position

14   for Artur Ayvazyan (ECF 1133), the government concurs with the USPO

15   that a +2 enhancement under U.S.S.G. § 2B1.1(b)(11) should apply, but

16   recommends its application based on defendant’s and her co-

17   conspirators’ possession and use of authentication features, and/or

18   the production or trafficking of authentication features, rather than
19   means of identification.    See U.S.S.G. § 2B1.1(b)(11)(A)(ii) or

20   (B)(ii) and ECF 1133 at 17-21 (citing United States v. Ovsepian, 739

21   Fed. Appx. 448 (9th Cir. October 5, 2018).       Given defendant’s receipt

22   of fraudulent loan proceeds from accounts in the names of individuals

23   and business entities used in the fraud using counterfeit California

24   driver’s licenses bearing authentication features, and defendant’s

25   actual and fraudulent possession of a Wells Fargo debit card in the

26   name of Viktoria Kauichko, an individual who had not been present in

27   the United States for years, that itself possessed authentication

28

                                          17
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 24 of 31 Page ID #:18624



1    features (see Image 1, supra), the +2 enhancement for possession or

2    use of an authentication feature applies.

3               3.     A Mitigating Role Reduction Should Not Apply

4         As discussed above, defendant’s own actions and statements

5    display her knowledge of and participation in the convicted offenses.

6    The identity that she was found in possession of – Viktoria Kauichko

7    – was used in numerous PPP and EIDL applications, and defendant’s own

8    and the Viktoria Kauichko accounts were used to receive and launder

9    funds.    Mitigating role reductions apply to “a defendant who plays a

10   part in committing the offense that makes him substantially less

11   culpable than the average participant in the criminal activity.”

12   U.S.S.G. § 3B1.2 App. Note cmt. 3(A).       As explained by the USPO,

13   “defendant’s role in the offense was essential” and “she clearly

14   understood the scope and structure of the conspiracy.”         (First

15   Addendum at 4.)    Given is not substantially less culpable than an

16   average participant, the Court should follow the recommendation of

17   the USPO and decline to apply a mitigating role reduction.          At the

18   time of her arrest, defendant directed her co-conspirators to destroy

19   the evidence of her crimes.     Two weeks later, when she was on pre-

20   trial release and agents approached her house to search it, she

21   attempted to hide evidence including around $450,000 in cash.           And,

22   when she and her husband (whom she claimed was the mastermind) were

23   convicted, she left her children and absconded with him.

24        D.    The Court Should Apply the Vulnerable Victims Enhancement
                Pursuant to U.S.S.G. § 3A1.1(b)(1)
25
          As discussed in detail in the government’s sentencing position
26
     for Artur Ayvazyan (ECF 1133), the guidelines, the analytic approach
27
     adopted by the Supreme Court and the Ninth Circuit, and the specific
28

                                          18
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 25 of 31 Page ID #:18625



1    holdings of the unpublished opinion in United States v. Cuellar, 165

2    F.3d 918 (9th Cir. 1998) (unpublished), support application of a +2

3    vulnerable victims enhancement pursuant to U.S.S.G. § 3A1.1(b)(1).

4    (ECF 1133 at 17-20.)    Importantly, the government’s analysis of the

5    relevant cases identify the families of the deceased individuals as

6    vulnerable, since – as was the case for Nazar Terabelian, defendant’s

7    deceased father – families are less likely to monitor, detect, or

8    respond to the use of their loved one’s identity in the aftermath of

9    their demise.   Id.

10        Defendant’s use of and connection to the Viktoria Kauichko

11   identities shows her knowledge and targeting of deceased individuals

12   and foreign exchanges students.      The name Viktoria Kauichko was

13   stolen from a Ukrainian foreign exchange student who had entered the

14   United States just once, on May 25, 2011, and left on September 22,

15   2011 – the last time she was present in the United States.          (See GEX

16   44 and 6/16/2021 P.M. Tr. at 34:12-36:1 (Testimony of CBP Officer

17   Nicholas Felando).)    As discussed in the PSR and in the government’s

18   sentencing position for Artur Ayvazyan, Kauichko’s visitor status
19   rendered her unusually vulnerable because her lack of presence, the

20   time since her visit, and distance from the United States, made it

21   unusually unlikely that she would be able to detect, and respond, to

22   the fraudulent use of her identity.       (PSR ¶ 95, ECF 1133 at 17-20.)

23        Furthermore, the Runyan Tax Service account in Viktoria

24   Kauichko’s name further supports her knowledge of the use of her

25   father’s name and information.     For example, on July 29, 2020, a

26   physical check for $20,000 from “Nazar Terabelian” dated July 24,

27   2020 was deposited into the Viktoria Kauichko and Runyan Tax Service

28   account (GEX 1p at 55), even though defendant’s father had died on

                                          19
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 26 of 31 Page ID #:18626



1    July 13, 2020 (GEX 75).    The Court may consider this conduct for the

2    application of an enhancement at sentencing, even though defendant

3    was acquitted of aggravated identity theft involving her deceased

4    father. 6   “[A] jury's verdict of acquittal does not prevent the

5    sentencing court from considering conduct underlying the acquitted

6    charge, so long as that conduct has been proved by a preponderance of

7    the evidence.”    United States v. Watts, 519 U.S. 148, 157 (1997) (per

8    curiam); see also United States v. Mercado, 474 F.3d 654, 657 (9th

9    Cir. 2007).    Therefore, the government respectfully recommends that

10   this Court adopt the offense level calculated by the USPO and apply a

11   two-level increase because defendant “knew or should have known that

12   a victim of the offense was a vulnerable victim.”        U.S.S.G.

13   § 3A1.1(b)(1).

14   IV.   THE GOVERNMENT’S SENTENCING RECOMMENDATION

15         A.    262 Months’ Imprisonment Is Sufficient But Not More than
                 Necessary to Meet the Goals of 18 U.S.C. § 3553(a)
16
           The Court should impose a sentence sufficient, but not greater
17
     than necessary, to reflect the purposes of sentencing identified in
18
     18 U.S.C. § 3553(a).    United States v. Carty, 520 F.3d 984, 991 (9th
19
     Cir. 2008).    The advisory guidelines range provides the “starting
20
     point and . . . initial benchmark” for sentencing.         Molina-Martinez
21
     v. United States, 136 S. Ct. 1338, 1345 (2016) (quoting Gall v.
22
     United States, 552 U.S. 38, 49 (2007)).
23
           Under 18 U.S.C. § 3553(a), in arriving at the appropriate
24
     sentence, the Court should consider, among other factors, the nature
25
     and circumstances of the offense and defendant’s history and
26

27
           6Defendant was convicted of the underlying offense of wire
28   fraud involving a fraudulent PPP loan submitted to PPP lender Newtek
     in the name of her father and the business Mod Interiors (count 11).
                                       20
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 27 of 31 Page ID #:18627



1    characteristics, § 3553(a)(1); the need for the sentence to reflect

2    the seriousness of the offense, promote respect for the law, and

3    provide just punishment for the offense, § 3553(a)(2)(A); the need

4    for the sentence imposed to afford adequate deterrence to criminal

5    conduct, § 3553(a)(2)(B); the need for the sentence imposed to

6    protect the public from further crimes of defendant, § 3553(a)(2)(C);

7    and the need to avoid unwarranted sentence disparities, § 3553(a)(6).

8              1.      Defendant’s Essential Role in the Crimes, Prior
                       Conviction, and Current Flight from Supervision
9                      Support the USPO and Government’s Recommendation

10        Defendant Terabelian played a critical role in a conspiracy to

11   defraud PPP lenders and the federal government of COVID-19 disaster

12   relief funds and launder the resulting proceeds.        At trial, and in

13   her post-trial briefings, defense repeatedly argued she should not be

14   held accountable for her crimes because her husband was the

15   mastermind, while she was a mother simply caring for her children.

16   This characterization conflicts with the actual evidence and facts

17   revealed by defendant’s own actions, and does not support a variance

18   from the guidelines calculation or a sentence different from the
19   government and the USPO’s recommendation.

20        As extensively discussed above, defendant Terabelian was not an

21   unwitting beneficiary of the crimes for which she and her husband

22   were convicted.    Rather, she possessed direct evidence of the

23   conspiracies’ use of one of their key synthetic identities – the

24   Viktoria Kauichko identity – and the business associated with her,

25   Fiber One Media.    (See GEX 16b and image 1, supra.)       She attempted to

26   hide evidence of her criminal conduct by directing the destruction or

27   elimination of evidence following her arrest.        (GEX 50b and 50e.)

28   Surveillance video supports that, an hour after the residential

                                          21
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 28 of 31 Page ID #:18628



1    searches had begun, but prior to law enforcement entering her own

2    home, defendant hid $451,185 in the bushes outside her home, where it

3    was found by law enforcement during the search.        (See Ahn Decl.

4    Exhibit 2 and fn. 3, and Images 2 and 3, supra.)         The phone bearing

5    evidence of her prior knowledge of Fiber One Media was found

6    similarly discarded outside her home.       (GEX 16b.)

7         Defense’s attempt to paint defendant as an innocent bystander is

8    further undercut by her history of committing similar criminal

9    conduct.   Far from standing by as her husband brings in the family’s

10   fraudulent funds, defendant’s prior conviction reveals her history of

11   conspiring with that husband, using similar methodologies, to – as in

12   this case – commit bank fraud through the submission of fraudulent

13   loan applications.   This distinguishes defendant from co-defendants

14   like Vahe Dadyan, with whom defense tries to draw favorable

15   comparisons.

16        As detailed in the government’s prior filings and the PSR,

17   defendants were convicted of conspiring to commit bank fraud in a

18   manner that share striking similarities to the current, convicted
19   conduct.   (ECF 357 (Govt. Opposition to Motion in Limine to Exclude

20   Prior Convictions) at 3-5, and 8; PSR ¶ 108.)        As part of their prior

21   scheme, defendants submitted false and fraudulent information in a

22   loan application by falsely inflating baseline numbers, and providing

23   false documentation including false tax forms to substantiate those

24   fraudulently inflated numbers.     (ECF 357 at 3-4.)     Defendant’s prior

25   sentence of three years’ probation, which was terminated early,

26   clearly did not afford adequate deterrence or protect the public from

27   her future crimes.   If anything, the lesson that appears to have been

28   learned is how to conduct a similar loan fraud conspiracy using more

                                          22
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 29 of 31 Page ID #:18629



1    names, more entities, and more co-conspirators, thereby inflicting

2    greater harms with greater efficiency.

3         Defendant’s history of attempting to evade responsibility for

4    her conduct – from the calls, to the cash, to the flight – also

5    reveals the hollowness of defense’s argument for leniency based on

6    her children.   This Court should not reduce her sentence to grant her

7    more time with her children when she herself chose to leave them by

8    absconding from supervision.     Far from supporting defendant’s

9    narrative that she is stay-at-home mother kept in the dark by Richard

10   Ayvazyan, the actual record overwhelmingly demonstrates that

11   defendant and Richard Ayvazyan are literally partners in crime –

12   whose commitment to sustaining their lifestyle while avoiding

13   accountability was prioritized over their commitment to a law-abiding

14   life with their children.     The government does not doubt that

15   defendant loves her children and her family, but her actions speak

16   louder than counsel’s arguments.      At the end of the day, her own,

17   voluntary participation in criminal conduct, and subsequent flight,

18   has led to their current estrangement.       A sentence of 262 months’

19   imprisonment, followed by five years of supervised release, is

20   necessary, but not more than sufficient, to meet the goals of 18

21   U.S.C. § 3553(a).   See 18 U.S.C. § 3553(a)(1), (a)(2)(B), (a)(2)(C).

22             2.    Defendant’s Crimes Occurred During, and Took Advantage
                     of, an Unprecedented Economic Disaster to Fund a
23                   Lavish Lifestyle While Fellow Americans Were Suffering

24        A sentence of 262 months’ imprisonment and five years of

25   supervision is further necessitated by the need for the sentence to

26   reflect the seriousness of the offense, promote respect for the law,

27   and provide just punishment for the offense.        18 U.S.C.

28   § 3553(a)(2)(A).    Defendant and her co-conspirators sought more than

                                          23
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 30 of 31 Page ID #:18630



1    $20 million, and obtained more than $16 million, in fraudulent loans

2    that intended to help small businesses, their owners, and their

3    employees by exploiting the economic disaster caused by COVID-19.

4         The structure of PPP and EIDL programs were designed to

5    facilitate the rapid deployment of funds to prevent, or at least

6    slow, the tsunami of small businesses closing around the country and

7    the resulting catastrophe of joblessness, homelessness, and other

8    societal harms.   (See 6/16/2021 A.M. Tr. 22:4-35:7 (Littwin Testimony

9    emphasizing the focus on rapid deployment of funds).)         The programs

10   were designed to rely on the truthfulness of applicant

11   certifications, which defendant and her co-conspirators exploited “to

12   do the max we can now u understand” since “market Gonna crash.”           (GEX

13   10 at 7.)   Rather than go to payroll, operating expenses, and other

14   legitimate uses to support the continued viability of small

15   businesses, the funds obtained by defendant were spent to support her

16   lavish lifestyle, furnishing her newly purchased multi-million-dollar

17   home, procuring jewelry, gold coins, and more.        Defendant’s conduct,

18   her crimes of conviction, and the context in which it occurred all

19   demand a significant sentence of 262 months’ imprisonment and five

20   years of supervision, as recommended by the USPO and the government,

21   to meet the goals of 18 U.S.C. § 3553(a).

22        As such, defendant should be held accountable for her conduct

23   and receive a guidelines sentence of 262 months’ imprisonment, at the

24   low-end of the advisory guidelines range.       Such a sentence would be

25   sufficient, but not more than necessary, to meet the goals of 18

26   U.S.C. § 3553(a).   The sentence would consist of 262 months on counts

27   1 through 20, and 240 months on count 26, to be served concurrently.

28   Similarly, a period of three years’ supervision, as defense

                                          24
 Case 2:20-cr-00579-SVW Document 1147 Filed 11/10/21 Page 31 of 31 Page ID #:18631



1    recommends, is simply insufficient to afford adequate deterrence or

2    protect the public.    As shown by defendant’s prior sentence, a period

3    of three years’ supervision through probation did not deter her from

4    committing the much more expansive set of crimes for which she faces

5    sentencing before this Court.     Instead, the Court should impose a

6    period of five years of supervised release, as recommended by the

7    USPO, comprised of five years on counts 1 through 20, and three years

8    on count 26, to be served concurrently, with the conditions

9    recommended by the USPO.    (See USPO Rec. Letter at 2-4.)

10
               3.      Defendant Should be Held Accountable for
11                     $16,464,071.26 in Restitution and Forfeiture

12        In addition, the government respectfully asks the Court to hold

13   defendant accountable for her foreseeable scope of the conspiracy, as

14   described in Exhibit 1, and order payment of $16,464,071.26 in

15   restitution to the twelve PPP lenders and SBA, as described in the

16   PSR, and the special assessment of $2,100.       (Ahn Decl. Exhibit 1 at

17   1-2; PSR ¶ 149; Ahn Decl. Exhibit 1 at 1-2.)        Finally, the government

18   asks the Court to order forfeiture consistent with the findings of
19   the jury, and include an order forfeiting the property identified in

20   the jury’s special verdict form (ECF 648) in defendant’s judgment and

21   commitment order.

22   V.   CONCLUSION

23        The government respectfully requests that the Court sentence

24   defendant to 262 months’ total imprisonment, five years of supervised

25   release, order defendant to pay $16,464,071.26 in restitution and the

26   $2,100 special assessment, and include the jury’s forfeiture findings

27   in defendant’s judgment and commitment order.

28

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