United States v. Eduard Gasparyan — Plea Agreement, Central District of California (Document 25)
Summary
The plea agreement between Eduard Gasparyan and the United States Attorney's Office for the Central District of California in United States v. Eduard Gasparyan and Angela Karchyan, No. 2:22-CR-448-JLS-1, filed January 13, 2023 as Document 25. Gasparyan agrees to plead guilty to Count One of the information, conspiracy to commit wire fraud under 18 U.S.C. § 1349, which carries a statutory maximum of 20 years imprisonment and a fine of $250,000, and the USAO agrees to move to dismiss the remaining counts. In the factual basis Gasparyan admits that from in or before 2020 through at least September 1, 2022 the co-conspirators used stolen identities to apply for unemployment benefits, withdrew the benefits at ATMs, bought vehicles with worthless checks and presented forged documents to the DMV. The parties have no agreement on the sentence or Guidelines factors.
Summary drafted by a model from the text of the original file linked on this page 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
“United States v. Eduard Gasparyan — Plea Agreement, Central District of California (Document 25).”
Original at ecf.cacd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-no-2-22-cr-00448-dkt-25-c-d-cal-541561f70a/
, SHA-256 143b644f7e4a3d3a157a520083940e3a46a7e742a7fff66cd2b39176b1b29622.Full text
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 1 of 15 Page ID #:97
1 E. MARTIN ESTRADA
United States Attorney
2 SCOTT M. GARRINGER
Assistant United States Attorney
3 Chief, Criminal Division
ANDREW BROWN (Cal. Bar No. 172009)
4 Assistant United States Attorney
Major Frauds Section
5 1100 United States Courthouse
312 North Spring Street
6 Los Angeles, California 90012
Telephone: (213) 894-0102
7 Facsimile: (213) 894-6269
E-mail: andrew.brown@usdoj.gov
8 Attorneys for Plaintiff
UNITED STATES OF AMERICA
9
10 UNITED STATES DISTRICT COURT
11 FOR THE CENTRAL DISTRICT OF CALIFORNIA
12 UNITED STATES OF AMERICA, No. 2:22-CR-448-JLS-1
13 Plaintiff, PLEA AGREEMENT FOR DEFENDANT
EDUARD GASPARYAN
14 v.
15 EDUARD GASPARYAN,
aka “Rudy Pineda,”
16 aka “Papin Galstyan,” and
ANGELA KARCHYAN,
17
Defendants.
18
19 1. This constitutes the plea agreement between EDUARD
20 GASPARYAN (“defendant”), and the United States Attorney’s Office for
21 the Central District of California (the “USAO”) in the above-
22 captioned case. This agreement is limited to the USAO and cannot
23 bind any other federal, state, local, or foreign prosecuting,
24 enforcement, administrative, or regulatory authorities.
25 DEFENDANT’S OBLIGATIONS
26 2. Defendant agrees to:
27 a) At the earliest opportunity requested by the USAO and
28 provided by the Court, appear and plead guilty to Count One of the
1
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 2 of 15 Page ID #:98
1 information, which charges defendant with conspiracy to commit wire
2 fraud, in violation of 18 U.S.C. § 1349.
3 b) Not contest facts agreed to in this agreement.
4 c) Abide by all agreements regarding sentencing
5 contained in this agreement.
6 d) Appear for all court appearances, surrender as
7 ordered for service of sentence, obey all conditions of any bond,
8 and obey any other ongoing court order in this matter.
9 e) Not commit any crime; however, offenses that would be
10 excluded for sentencing purposes under United States Sentencing
11 Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are
12 not within the scope of this agreement.
13 f) Be truthful at all times with Pretrial Services, the
14 United States Probation Office, and the Court.
15 g) Pay the applicable special assessment at or before
16 the time of sentencing unless defendant lacks the ability to pay and
17 prior to sentencing submits a completed financial statement on a
18 form to be provided by the USAO.
19 h) Not bring a post-conviction collateral attack on the
20 conviction or sentence except a post-conviction collateral attack
21 based on a claim of ineffective assistance of counsel.
22 i) Not move to withdraw defendant's guilty plea.
23 j) Not file a notice of appeal, unless the term of
24 imprisonment imposed exceeds twenty years.
25 k) To fill out and deliver to the USAO a completed
26 financial statement listing all of defendant’s assets on a form
27 provided by the USAO.
28
2
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 3 of 15 Page ID #:99
1 l) Support the government’s request that defendant’s
2 supervised release include the following suspicionless search
3 conditions:
4 Defendant shall submit defendant’s person and any
property, residence, vehicle, papers, computer, other
5 electronic communication or data storage devices or media,
and effects to search and seizure at any time of the day
6 or night by any law enforcement or probation officer, with
or without a warrant, and with or without cause. If
7 stopped or questioned by a law enforcement officer for any
reason, defendant shall notify that officer that defendant
8 is on federal supervised release and subject to search
with or without cause.
9
10 THE USAO’S OBLIGATIONS
11 3. The USAO agrees to:
12 a) Not contest facts agreed to in this agreement.
13 b) At the time of sentencing, move to dismiss the
14 remaining counts of the information as against defendant. Defendant
15 understands, however, that at the time of sentencing the Court may
16 consider any dismissed charges in determining the applicable
17 Sentencing Guidelines range, the propriety and extent of any
18 departure from that range, and the sentence to be imposed.
19 NATURE OF THE OFFENSE
20 4. Defendant understands that for defendant to be guilty of
21 conspiracy to commit wire fraud, in violation of Title 18, United
22 States Code, Section 1349, the following must be true: First,
23 during the time period alleged in the information there was an
24 agreement between two or more persons to commit wire fraud; Second,
25 defendant became a member of the conspiracy knowing of its object
26 and intending to help accomplish it. The elements of wire fraud, in
27 turn, are as follows: First, defendant knowingly participated in or
28 devised a scheme to defraud, or a scheme or plan for obtaining money
3
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 4 of 15 Page ID #:100
1 or property by means of false or fraudulent pretenses,
2 representations, or promises; Second, the statements made or facts
3 omitted as part of the scheme were material, that is, they had a
4 natural tendency to influence, or were capable of influencing, a
5 person to part with money or property; Third, defendant acted with
6 the intent to defraud, that is, the intent to deceive or cheat; and
7 Fourth, defendant used, or caused to be used, wire communications in
8 interstate or foreign commerce to carry out or attempt to carry out
9 an essential part of the scheme.
10 PENALTIES AND RESTITUTION
11 5. Defendant understands that the statutory maximum sentence
12 that the Court can impose for this violation of Title 18, United
13 States Code, Section 1349 is: 20 years imprisonment; a three-year
14 period of supervised release; a fine of $250,000, or twice the gross
15 gain or loss, whichever is greatest; and a mandatory special
16 assessment of $100.
17 6. Defendant understands that supervised release is a period
18 of time following imprisonment during which defendant will be
19 subject to various restrictions and requirements. Defendant
20 understands that if defendant violates one or more of the conditions
21 of any supervised release imposed, defendant may be returned to
22 prison for all or part of the term of supervised release authorized
23 by statute for the offense that resulted in the term of supervised
24 release, which could result in defendant serving a total term of
25 imprisonment greater than the statutory maximum stated above.
26 7. Defendant understands that, by pleading guilty, defendant
27 may be giving up valuable government benefits and valuable civic
28 rights, such as the right to vote, the right to possess a firearm,
4
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 5 of 15 Page ID #:101
1 the right to hold office, and the right to serve on a jury.
2 Defendant understands that once the court accepts defendant’s guilty
3 plea, it will be a federal felony for defendant to possess a firearm
4 or ammunition. Defendant understands that the conviction in this
5 case may also subject defendant to various other collateral
6 consequences, including but not limited to revocation of probation,
7 parole, or supervised release in another case and suspension or
8 revocation of a professional license. Defendant understands that
9 unanticipated collateral consequences will not serve as grounds to
10 withdraw defendant’s guilty plea.
11 8. Defendant and his counsel have discussed the fact that,
12 and defendant understands that, if defendant is not a United States
13 citizen, the conviction in this case makes it practically inevitable
14 and a virtual certainty that defendant will be removed or deported
15 from the United States. Defendant may also be denied United States
16 citizenship and admission to the United States in the future.
17 Defendant understands that while there may be arguments that
18 defendant can raise in immigration proceedings to avoid or delay
19 removal, removal is presumptively mandatory and a virtual certainty
20 in this case. Defendant further understands that removal and
21 immigration consequences are the subject of a separate proceeding
22 and that no one, including defendant’s attorney or the Court, can
23 predict to an absolute certainty the effect of defendant’s
24 conviction on defendant’s immigration status. Defendant
25 nevertheless affirms that defendant wants to plead guilty regardless
26 of any immigration consequences that this plea may entail, even if
27 the consequence is automatic removal from the United States.
28
5
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 6 of 15 Page ID #:102
1 9. Defendant understands that defendant will be required to
2 pay full restitution to the victims of the offense to which
3 defendant is pleading guilty. Defendant agrees that, in return for
4 the USAO’s compliance with its obligations under this agreement, the
5 Court may order restitution to persons other than the victims of the
6 offense to which defendant is pleading guilty and in amounts greater
7 than those alleged in the count to which defendant is pleading
8 guilty. In particular, defendant agrees that the Court may order
9 restitution to any victim of any of the following for any losses
10 suffered by that victim as a result: (a) any relevant conduct, as
11 defined in U.S.S.G. § 1B1.3, in connection with the offense to which
12 defendant is pleading guilty; and (b) any counts dismissed and
13 charges not prosecuted pursuant to this agreement as well as all
14 relevant conduct, as defined in U.S.S.G. § 1B1.3, in connection with
15 those counts and charges.
16 FACTUAL BASIS
17 10. Defendant admits that defendant is, in fact, guilty of the
18 offense to which defendant is agreeing to plead guilty. Defendant
19 and the USAO agree to the statement of facts provided below and
20 agree that this statement of facts is sufficient to support a plea
21 of guilty to the charges described in this agreement and to
22 establish the Sentencing Guidelines factors set forth below but is
23 not meant to be a complete recitation of all facts relevant to the
24 underlying criminal conduct or all facts known to either party that
25 relate to that conduct.
26 Beginning in or before 2020, and continuing through at least
September 1, 2022, there was an agreement between two or more
27
persons to commit wire fraud. Defendant became a member of the
28 conspiracy knowing of its object and intending to help
6
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 7 of 15 Page ID #:103
1 accomplish it. In furtherance of the conspiracy, defendant and
his co-conspirators stole the identities of victims and applied
2 for unemployment benefits using their identifying information.
Defendant and his co-conspirators used the debit cards
3 containing those fraudulently obtained benefits to withdraw
4 cash at ATMs. Defendant and his co-conspirators purchased
vehicles in their own names and in stolen identities, but
5 provided the sellers with worthless checks or bank account
numbers. Defendant and his co-conspirators also rented
6 vehicles in the names of victims of identity theft and then
presented the DMV with forged documents to remove the true
7 owners from the registration for those vehicles. Defendant and
8 his co-conspirators used interstate wires to defraud their
victims throughout this conspiracy.
9
SENTENCING FACTORS
10
11. Defendant understands that in determining defendant’s
11
sentence the Court is required to calculate the applicable
12
Sentencing Guidelines range and to consider that range, possible
13
departures under the Sentencing Guidelines, and the other sentencing
14
factors set forth in 18 U.S.C. § 3553(a). Defendant understands
15
that the Sentencing Guidelines are advisory only, that defendant
16
cannot have any expectation of receiving a sentence within the
17
calculated Sentencing Guidelines range, and that after considering
18
the Sentencing Guidelines and the other § 3553(a) factors, the Court
19
will be free to exercise its discretion to impose any sentence it
20
finds appropriate up to the maximum set by statute for the crimes of
21
conviction.
22
12. Defendant and the USAO have no agreement as to the
23
appropriate sentence or the applicable Sentencing Guidelines
24
factors. Both parties reserve the right to seek any sentence within
25
the statutory maximum, and to argue for any criminal history score
26
and category, base offense level, specific offense characteristics,
27
adjustments, departures, and variances.
28
7
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 8 of 15 Page ID #:104
1 WAIVER OF CONSTITUTIONAL RIGHTS
2 13. Defendant understands that by pleading guilty, defendant
3 gives up the following rights:
4 a) The right to persist in a plea of not guilty.
5 b) The right to a speedy and public trial by jury.
6 c) The right to be represented by counsel – and if
7 necessary have the court appoint counsel - at trial. Defendant
8 understands, however, that, defendant retains the right to be
9 represented by counsel – and if necessary have the court appoint
10 counsel – at every other stage of the proceeding.
11 d) The right to be presumed innocent and to have the
12 burden of proof placed on the government to prove defendant guilty
13 beyond a reasonable doubt.
14 e) The right to confront and cross-examine witnesses
15 against defendant.
16 f) The right to testify and to present evidence in
17 opposition to the charges, including the right to compel the
18 attendance of witnesses to testify.
19 g) The right not to be compelled to testify, and, if
20 defendant chose not to testify or present evidence, to have that
21 choice not be used against defendant.
22 h) Any and all rights to pursue any affirmative
23 defenses, Fourth Amendment or Fifth Amendment claims, and other
24 pretrial motions that have been filed or could be filed.
25 LIMITED WAIVER OF DISCOVERY
26 14. In exchange for the government's obligations under this
27 agreement, defendant gives up any right he may have had to review
28 any additional discovery.
8
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 9 of 15 Page ID #:105
1 ABANDONMENT OF DIGITAL DEVICES AND FIREARMS
2 15. Defendant abandons all right, title, and interest
3 defendant had in any of the digital devices, firearms, or ammunition
4 seized by law enforcement officials in the investigation of this
5 case, which defendant admits are instrumentalities of defendant’s
6 offense.
7 WAIVER OF APPEAL OF CONVICTION
8 16. Defendant understands that, with the exception of an
9 appeal based on a claim that defendant’s guilty pleas were
10 involuntary, by pleading guilty defendant is waiving and giving up
11 any right to appeal defendant’s conviction on the offense to which
12 defendant is pleading guilty.
13 LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE
14 17. Defendant agrees that, provided the Court imposes a term
15 of imprisonment of no more than twenty years, defendant gives up the
16 right to appeal all of the following: (a) the procedures and
17 calculations used to determine and impose any portion of the
18 sentence; (b) the term of imprisonment imposed by the Court; (c) the
19 fine imposed by the court, provided it is within the statutory
20 maximum; (d) the term of probation or supervised release imposed by
21 the Court, provided it is within the statutory maximum; (e) the
22 amount and terms of any restitution order, provided it requires
23 payment of no more than $10,000,000; and (f) the conditions of
24 probation or supervised release imposed by the Court.
25 18. Defendant also gives up any right to bring a post-
26 conviction collateral attack on the conviction or sentence,
27 including any order of restitution, except a post-conviction
28 collateral attack based on a claim of ineffective assistance of
9
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 10 of 15 Page ID
#:106
1 counsel, a claim of newly discovered evidence, or an explicitly
2 retroactive change in the applicable Sentencing Guidelines,
3 sentencing statutes, or statutes of conviction.
4 19. The USAO gives up its right to appeal any portion of the
5 sentence.
6 RESULT OF WITHDRAWAL OF GUILTY PLEA
7 20. Defendant agrees that if, after entering a guilty plea
8 pursuant to this agreement, defendant seeks to withdraw and succeeds
9 in withdrawing defendant’s guilty plea on any basis other than a
10 claim and finding that entry into this plea agreement was
11 involuntary, then (a) the USAO will be relieved of all of its
12 obligations under this agreement; and (b) should the USAO choose to
13 pursue any charge that was either dismissed or not filed as a result
14 of this agreement, then (i) any applicable statute of limitations
15 will be tolled between the date of defendant’s signing of this
16 agreement and the filing commencing any such action; and
17 (ii) defendant waives and gives up all defenses based on the statute
18 of limitations, any claim of pre-indictment delay, or any speedy
19 trial claim with respect to any such action, except to the extent
20 that such defenses existed as of the date of defendant’s signing
21 this agreement.
22 EFFECTIVE DATE OF AGREEMENT
23 21. This agreement is effective upon signature and execution
24 of all required certifications by defendant, defendant’s counsel,
25 and an Assistant United States Attorney.
26 BREACH OF AGREEMENT
27 22. Defendant agrees that if defendant, at any time after the
28 signature of this agreement and execution of all required
10
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 11 of 15 Page ID
#:107
1 certifications by defendant, defendant’s counsel, and an Assistant
2 United States Attorney, knowingly violates or fails to perform any
3 of defendant’s obligations under this agreement (“a breach”), the
4 USAO may declare this agreement breached. All of defendant’s
5 obligations are material, a single breach of this agreement is
6 sufficient for the USAO to declare a breach, and defendant shall not
7 be deemed to have cured a breach without the express agreement of
8 the USAO in writing. If the USAO declares this agreement breached,
9 and the Court finds such a breach to have occurred, then: (a) if
10 defendant has previously entered a guilty plea pursuant to this
11 agreement, defendant will not be able to withdraw the guilty pleas,
12 (b) the USAO will be relieved of all its obligations under this
13 agreement, and (c) defendant will still be bound by defendant’s
14 obligations under this agreement.
15 23. Following the Court’s finding of a knowing breach of this
16 agreement by defendant, should the USAO choose to pursue any charge
17 that was either dismissed or not filed as a result of this
18 agreement, then:
19 a) Defendant agrees that any applicable statute of
20 limitations is tolled between the date of defendant’s signing of
21 this agreement and the filing commencing any such action.
22 b) Defendant waives and gives up all defenses based on
23 the statute of limitations, any claim of pre-indictment delay, or
24 any speedy trial claim with respect to any such action, except to
25 the extent that such defenses existed as of the date of defendant’s
26 signing this agreement.
27 c) Defendant agrees that: (i) any statements made by
28 defendant, under oath, at the guilty plea hearing (if such a hearing
11
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 12 of 15 Page ID
#:108
1 occurred prior to the breach); (ii) the agreed to factual basis
2 statement in this agreement; and (iii) any evidence derived from
3 such statements, shall be admissible against defendant in any such
4 action against defendant, and defendant waives and gives up any
5 claim under the United States Constitution, any statute, Rule 410 of
6 the Federal Rules of Evidence, Rule 11(f) of the Federal Rules of
7 Criminal Procedure, or any other federal rule, that the statements
8 or any evidence derived from the statements should be suppressed or
9 are inadmissible.
10 COURT AND PROBATION OFFICE NOT PARTIES
11 24. Defendant understands that the Court and the United States
12 Probation Office are not parties to this agreement and need not
13 accept any of the USAO’s sentencing recommendations or the parties’
14 agreements to facts or sentencing factors.
15 25. Defendant understands that both defendant and the USAO are
16 free to: (a) supplement the facts by supplying relevant information
17 to the United States Probation Office and the Court, (b) correct any
18 and all factual misstatements relating to the Court’s Sentencing
19 Guidelines calculations and determination of sentence, and (c) argue
20 on appeal and collateral review that the Court’s Sentencing
21 Guidelines calculations and the sentence it chooses to impose are
22 not error, although each party agrees to maintain its view that the
23 calculations in the plea agreement are consistent with the facts of
24 this case. While this paragraph permits both the USAO and defendant
25 to submit full and complete factual information to the United States
26 Probation Office and the Court, even if that factual information may
27 be viewed as inconsistent with the facts agreed to in this
28
12
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 13 of 15 Page ID
#:109
1 agreement, this paragraph does not affect defendant’s and the USAO’s
2 obligations not to contest the facts agreed to in this agreement.
3 26. Defendant understands that even if the Court ignores any
4 sentencing recommendation, finds facts or reaches conclusions
5 different from those agreed to, and/or imposes any sentence up to
6 the maximum established by statute, defendant cannot, for that
7 reason, withdraw defendant’s guilty pleas, and defendant will remain
8 bound to fulfill all defendant’s obligations under this agreement.
9 Defendant understands that no one –- not the prosecutor, defendant’s
10 attorney, or the Court –- can make a binding prediction or promise
11 regarding the sentence defendant will receive, except that it will
12 be within the statutory maximum.
13 NO ADDITIONAL AGREEMENTS
14 27. Defendant understands that, except as set forth herein,
15 there are no promises, understandings, or agreements between the
16 USAO and defendant or defendant’s attorney, and that no additional
17 promise, understanding, or agreement may be entered into unless in a
18 writing signed by all parties or on the record in court.
19 PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING
20 28. The parties agree that this agreement will be considered
21 part of the record of defendant’s guilty plea hearing as if the
22 entire agreement had been read into the record of the proceeding.
23 AGREED AND ACCEPTED
24 ///
25
26
27
28
13
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 14 of 15 Page ID
#:110
Case 2:22-cr-00448-JLS Document 25 Filed 01/13/23 Page 15 of 15 Page ID
#:111
File and source
- File
- 25-plea-agreement-filed-by-plaintiff-usa-as-to-defendant-eduard.pdf
- Size
- 253,781 bytes
- SHA-256
- 143b644f7e4a3d3a157a520083940e3a46a7e742a7fff66cd2b39176b1b29622
- Original
- PACER (login required)