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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
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 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

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Case 2:22-cr-00448-JLS   Document 25 Filed 01/13/23   Page 15 of 15 Page ID
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