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United States v. Vardges Abelyan — Plea Agreement, Central District of California (Document 34)

Summary

The plea agreement between Vardges Abelyan and the United States Attorney's Office for the Central District of California in United States v. Abelyan, No. CR 23-285-ODW, filed November 21, 2023 as Document 34. The defendant agrees to plead guilty to count two of the indictment, wire fraud under 18 U.S.C. § 1343, and to forfeit listed real property, approximately $131,313.35 in seized bank funds and approximately $27,885 in currency and gold coins. The USAO agrees to move to dismiss the remaining counts at sentencing and to recommend a reduction for acceptance of responsibility. The agreement states a statutory maximum of twenty years' imprisonment and that the parties currently believe restitution is approximately $169,158. The agreement runs 22 pages and closes with an interpreter's and defense counsel's certifications.

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. Vardges Abelyan — Plea Agreement, Central District of California (Document 34).” Original at ecf.cacd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-abelyan-dkt-34-c-d-cal-1444da65d0/, SHA-256 e3681fb5821b11928583b87da021118bef3e3584cb62177567dd014aa5e086b4.

Full text

     Case 2:23-cr-00285-ODW   Document 34   Filed 11/21/23   Page 1 of 22 Page ID #:295



1     E. MARTIN ESTRADA
      United States Attorney
2     MACK E. JENKINS
      Assistant United States Attorney
3     Chief, Criminal Division
      ALEXANDER B. SCHWAB (Cal. Bar No. 283421)
4     Assistant United States Attorney
      Deputy Chief, Corporate & Securities Fraud Strike Force
5          1100 United States Courthouse
           312 North Spring Street
6          Los Angeles, California 90012
           Telephone: (213) 894-1259
7          Facsimile: (213) 894-0141
           E-mail:    alexander.schwab@usdoj.gov
8
      Attorneys for Plaintiff
9     UNITED STATES OF AMERICA

10                            UNITED STATES DISTRICT COURT

11                      FOR THE CENTRAL DISTRICT OF CALIFORNIA

12    UNITED STATES OF AMERICA,                 No. CR 23-285-ODW

13               Plaintiff,                     PLEA AGREEMENT FOR DEFENDANT
                                                VARDGES ABELYAN
14                     v.

15    VARDGES ABELYAN,

16               Defendant.

17

18                This constitutes the plea agreement between Vardges Abelyan
19    (“defendant”) and the United States Attorney’s Office for the Central
20    District of California (the “USAO”) in this case.             This agreement is
21    limited to the USAO and cannot bind any other federal, state, local,
22    or foreign prosecuting, enforcement, administrative, or regulatory
23    authority.
24                               DEFENDANT’S OBLIGATIONS
25                Defendant agrees to:
26                a.   At the earliest opportunity requested by the USAO and
27    provided by the Court, appear and plead guilty to count two of the
28
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1     indictment in United States v. Abelyan, CR No. 23-285-ODW, which

2     charges defendant with wire fraud, in violation of 18 U.S.C. § 1343.

3                 b.   Not contest facts agreed to in this agreement.

4                 c.   Abide by all agreements regarding sentencing contained

5     in this agreement.

6                 d.   Appear for all court appearances, surrender as ordered

7     for service of sentence, obey all conditions of any bond, and obey

8     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 (“USSG” or “Sentencing Guidelines”) § 4A1.2(c) are not

12    within the scope of this agreement.

13                f.   Be truthful at all times with the United States

14    Probation and Pretrial Services Office and the Court.

15                g.   Pay the applicable special assessment at or before the

16    time of sentencing unless defendant has demonstrated a lack of

17    ability to pay such assessments.

18                h.   Defendant agrees that any and all criminal debt

19    ordered by the Court will be due in full and immediately.              The

20    government is not precluded from pursuing, in excess of any payment

21    schedule set by the Court, any and all available remedies by which to

22    satisfy defendant’s payment of the full financial obligation,

23    including referral to the Treasury Offset Program.

24                i.   Complete the Financial Disclosure Statement on a form

25    provided by the USAO and, within 30 days of defendant’s entry of a

26    guilty plea, deliver the signed and dated statement, along with all

27    of the documents requested therein, to the USAO by either email at

28    usacac.FinLit@usdoj.gov (preferred) or mail to the USAO Financial

                                            2
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1     Litigation Section at 300 North Los Angeles Street, Suite 7516, Los

2     Angeles, CA 90012.      Defendant agrees that defendant’s ability to pay

3     criminal debt shall be assessed based on the completed Financial

4     Disclosure Statement and all required supporting documents, as well

5     as other relevant information relating to ability to pay.

6                 j.   Authorize the USAO to obtain a credit report upon

7     returning a signed copy of this plea agreement.

8                 k.   Consent to the USAO inspecting and copying all of

9     defendant’s financial documents and financial information held by the

10    United States Probation and Pretrial Services Office.

11          3.    Defendant further agrees:

12                a.   To forfeit all right, title, and interest in and to

13    any and all monies, properties, and/or assets of any kind, derived

14    from or acquired as a result of the illegal activity to which

15    defendant is pleading guilty, specifically including, but not limited

16    to, the following: (1) the real property located at 12720 Burbank

17    Boulevard, Unit 118, North Hollywood, California 91607; (2) the real

18    property located at 3921 Mayfield Avenue, Glendale, California 91214;

19    (3) approximately $131,313.35 in bank funds seized by the Government;

20    and (4) approximately $27,885 in U.S. currency and gold coins seized

21    by law enforcement officers during a search of defendant at Los

22    Angeles International Airport on May 18, 2023 (collectively, the

23    “Forfeitable Property”).      If appropriate under the applicable

24    regulations, the Government will seek approval from the Money

25    Laundering and Asset Recovery Section (MLARS) to have any forfeited

26    funds applied to restitution.

27

28

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1                 b.   To the Court’s entry of an order of forfeiture at or

2     before sentencing with respect to the Forfeitable Property and to the

3     forfeiture of the property.

4                 c.   That the Preliminary Order of Forfeiture shall become

5     final as to the defendant upon entry.

6                 d.   To take whatever steps are necessary to pass to the

7     United States clear title to the Forfeitable Property, including,

8     without limitation, the execution of a consent decree of forfeiture

9     and the completing of any other legal documents required for the

10    transfer of title to the United States.

11                e.   Not to contest any administrative forfeiture

12    proceedings or civil judicial proceedings commenced against the

13    Forfeitable Property.      If defendant submitted a claim and/or petition

14    for remission for all or part of the Forfeitable Property on behalf

15    of himself or any other individual or entity, defendant shall and

16    hereby does withdraw any such claims or petitions, and further agrees

17    to waive any right he may have to seek remission or mitigation of the

18    forfeiture of the Forfeitable Property.          Defendant further waives any

19    and all notice requirements of 18 U.S.C. § 983(a)(1)(A).
20                f.   Not to assist any other individual in any effort

21    falsely to contest the forfeiture of the Forfeitable Property.

22                g.   Not to claim that reasonable cause to seize the

23    Forfeitable Property was lacking.

24                h.   To prevent the transfer, sale, destruction, or loss of

25    the Forfeitable Property to the extent defendant has the ability to

26    do so.

27

28

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1                 i.   To fill out and deliver to the USAO a completed

2     financial statement listing defendant’s assets on a form provided by

3     the USAO.

4                 j.   That forfeiture of Forfeitable Property shall not be

5     counted toward satisfaction of any special assessment, fine,

6     restitution, costs, or other penalty the Court may impose.

7                 k.   With respect to any criminal forfeiture ordered as a

8     result of this plea agreement, defendant waives: (1) the requirements

9     of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding

10    notice of the forfeiture in the charging instrument, announcements of

11    the forfeiture at sentencing, and incorporation of the forfeiture in

12    the judgment; (2) all constitutional and statutory challenges to the

13    forfeiture (including by direct appeal, habeas corpus or any other

14    means); and (3) all constitutional, legal, and equitable defenses to

15    the forfeiture of the Forfeitable Property in any proceeding on any

16    grounds including, without limitation, that the forfeiture

17    constitutes an excessive fine or punishment.            Defendant acknowledges

18    that the forfeiture of the Forfeitable Property is part of the

19    sentence that may be imposed in this case and waives any failure by

20    the Court to advise defendant of this, pursuant to Federal Rule of

21    Criminal Procedure 11(b)(1)(J), at the time the Court accepts

22    defendant’s guilty plea.

23                                THE USAO’S OBLIGATIONS

24                The USAO agrees to:

25                a.   Not contest facts agreed to in this agreement.

26                b.   Abide by all agreements regarding sentencing contained

27    in this agreement.

28

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1                 c.   At the time of sentencing, move to dismiss the

2     remaining counts of the indictment as against defendant.              Defendant

3     agrees, however, that at the time of sentencing the Court may

4     consider any dismissed charges in determining the applicable

5     Sentencing Guidelines range, the propriety and extent of any

6     departure from that range, and the sentence to be imposed.

7                 d.   At the time of sentencing, provided that defendant

8     demonstrates an acceptance of responsibility for the offense up to

9     and including the time of sentencing, recommend a two-level reduction

10    in the applicable Sentencing Guidelines offense level, pursuant to

11    USSG § 3E1.1, and recommend and, if necessary, move for an additional

12    one-level reduction if available under that section.

13                                NATURE OF THE OFFENSE

14                Defendant understands that for defendant to be guilty of

15    the crime charged in count two, that is, wire fraud, in violation of

16    18 U.S.C. § 1343, the following must be true: (1) defendant knowingly

17    participated in or devised a scheme or plan to defraud, or a scheme

18    or plan for obtaining money or property by means of false or
19    fraudulent pretenses, representations, or promises.             Deceitful

20    statements of half-truths may constitute false or fraudulent

21    representation; (2) the statements made as part of the scheme were

22    material; that is, they had a natural tendency to influence, or were

23    capable of influencing, a person to part with money or property;

24    (3) defendant acted with the intent to defraud, that is, the intent

25    to deceive and cheat; and (4) defendant used, or caused to be used,

26    an interstate wire communication to carry out or attempt to carry out

27    an essential part of the scheme.

28

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1                                 PENALTIES AND RESTITUTION

2                 Defendant understands that the statutory maximum sentence

3     that the Court can impose for wire fraud, in violation of 18 U.S.C.

4     § 1343, is: twenty years’ imprisonment; a three-year period of

5     supervised release; a fine of $250,000 or twice the gross gain or

6     gross loss resulting from the offense, whichever is greatest; and a

7     mandatory special assessment of $100.

8                 Defendant understands that defendant will be required to

9     pay full restitution to the victim(s) of the offense to which

10    defendant is pleading guilty.           Defendant agrees that, in return for

11    the USAO’s compliance with its obligations under this agreement, the

12    Court may order restitution to persons other than the victim(s) of

13    the offense to which defendant is pleading guilty and in amounts

14    greater than those alleged in the count to which defendant is

15    pleading guilty.        In particular, defendant agrees that the Court may

16    order restitution to any victim of any of the following for any

17    losses suffered by that victim as a result: (a) any relevant conduct,

18    as defined in USSG § 1B1.3, in connection with the offense to which

19    defendant is pleading guilty; and (b) any counts dismissed pursuant

20    to this agreement as well as all relevant conduct, as defined in USSG

21    § 1B1.3, in connection with those counts.                 The parties currently

22    believe that the applicable amount of restitution is approximately

23    $169,158, but recognize and agree that this amount could change based

24    on facts that come to the attention of the parties prior to

25    sentencing.

26                The Court will also order forfeiture of the property listed

27    in the forfeiture allegation of the indictment pursuant to 18 U.S.C.

28    § 982.

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     Case 2:23-cr-00285-ODW   Document 34   Filed 11/21/23     Page 8 of 22 Page ID #:302



1                 Defendant understands that supervised release is a period

2     of time following imprisonment during which defendant will be subject

3     to various restrictions and requirements.              Defendant understands that

4     if defendant violates one or more of the conditions of any supervised

5     release imposed, defendant may be returned to prison for all or part

6     of the term of supervised release authorized by statute for the

7     offense that resulted in the term of supervised release, which could

8     result in defendant serving a total term of imprisonment greater than

9     the statutory maximum stated above.

10                Defendant understands that, by pleading guilty, defendant

11    may be giving up valuable government benefits and valuable civic

12    rights, such as the right to vote, the right to possess a firearm,

13    the right to hold office, and the right to serve on a jury.

14    Defendant understands that he is pleading guilty to a felony and that

15    it is a federal crime for a convicted felon to possess a firearm or

16    ammunition.    Defendant understands that the conviction in this case

17    may also subject defendant to various other collateral consequences,

18    including but not limited to revocation of probation, parole, or
19    supervised release in another case and suspension or revocation of a

20    professional license.      Defendant understands that unanticipated

21    collateral consequences will not serve as grounds to withdraw

22    defendant’s guilty plea.

23          11.   Defendant and his counsel have discussed the fact that, and

24    defendant understands that, if defendant is not a United States

25    citizen, the conviction in this case makes it practically inevitable

26    and a virtual certainty that defendant will be removed or deported

27    from the United States.      Defendant may also be denied United States

28    citizenship and admission to the United States in the future.

                                            8
     Case 2:23-cr-00285-ODW   Document 34   Filed 11/21/23   Page 9 of 22 Page ID #:303



1     Defendant understands that while there may be arguments that

2     defendant can raise in immigration proceedings to avoid or delay

3     removal, removal is presumptively mandatory and a virtual certainty

4     in this case.    Defendant further understands that removal and

5     immigration consequences are the subject of a separate proceeding and

6     that no one, including his attorney or the Court, can predict to an

7     absolute certainty the effect of his conviction on his immigration

8     status.    Defendant nevertheless affirms that he wants to plead guilty

9     regardless of any immigration consequences that his plea may entail,

10    even if the consequence is automatic removal from the United States.

11                                     FACTUAL BASIS

12                Defendant admits that defendant is, in fact, guilty of the

13    offense to which defendant is agreeing to plead guilty.              Defendant

14    and the USAO agree to the statement of facts provided below and agree

15    that this statement of facts is sufficient to support a plea of

16    guilty to the charge described in this agreement and to establish the

17    Sentencing Guidelines factors set forth in paragraph 14 below but is

18    not meant to be a complete recitation of all facts relevant to the
19    underlying criminal conduct or all facts known to either party that

20    relate to that conduct.

21          The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act

22    was a federal law enacted in or about March 2020 that was designed to

23    provide emergency financial assistance to Americans suffering

24    economic harm as a result of the COVID-19 pandemic.             The Economic

25    Injury Disaster Loan Program (“EIDL”) was a United States Small

26    Business Administration (“SBA”) program that provided low-interest

27    financing to small businesses, renters, and homeowners in regions

28    affected by declared disasters.       The CARES Act authorized the SBA to

                                            9
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1    provide EIDL loans of up to $2 million to eligible small businesses

2    experiencing substantial financial disruption due to the COVID-19

3    pandemic.

4         To obtain an EIDL loan, a qualifying business was required to

5    submit an application to the SBA and provide information about the

6    business’s operations, such as the number of employees, gross

7    revenues for the 12-month period preceding the disaster, and cost of

8    goods sold in the 12-month period preceding the disaster.           In the

9    case of EIDL loans for COVID-19 relief, the 12-month period was the

10   12-month period from January 31, 2019, to January 31, 2020.           The

11   applicant was also required to certify that all of the information in

12   the application was true and correct to the best of the applicant’s

13   knowledge.    EIDL loan applications were submitted directly to the SBA

14   and processed by the agency with support from a government

15   contractor.   The amount of the loan, if the application was approved,

16   was determined in part based on the information provided by the

17   applicant about employment, revenue, and cost of goods sold.           Any

18   funds issued under an EIDL loan were issued directly by the SBA.

19   Borrowers, as part of the EIDL loan application, certified that they

20   would use loan proceeds “solely as working capital to alleviate

21   economic injury caused by disaster occurring in the month of January

22   31, 2020 and continuing thereafter.”

23        Beginning no later than on or about June 18, 2020, and

24   continuing through at least June 26, 2020, in Los Angeles County,

25   within the Central District of California, and elsewhere, defendant,

26   knowingly and with the intent to defraud, devised, participated in,

27   and executed a scheme to defraud the SBA as to material matters, and

28

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1    to obtain money and property by means of material false and

2    fraudulent pretenses, representations, and promises.

3         Defendant was the sole owner of Cargo Fleet Rentals Inc, a

4    California corporation.     He also maintained at JPMorgan Chase Bank,

5    N.A., a checking account in the name of Cargo Fleet Rentals Inc (the

6    “Cargo Fleet Rentals Account”), a checking account in his own name

7    ending 6991 (the “6991 Account”), and a checking account in his own

8    name ending 5832 (the “5832 Account”).       Defendant opened the Cargo

9    Fleet Rentals on June 18, 2020, to create the false impression that

10   Cargo Fleet Rentals conducted real business.          He then applied to the

11   SBA on June 20, 2020, for an EIDL loan and advance by making false

12   statements and representations concerning Cargo Fleet Rentals,

13   including falsely stating that Cargo Fleet Rentals had 32 employees,

14   made $1,465,790 in gross revenues in 2019, and had monthly sales of

15   $122,149.16.   As a result of these false statements, by means of

16   interstate wire, the SBA transmitted $10,000 to the Cargo Fleet

17   Rentals Account on June 23, 2020, and $149,900 to the Cargo Fleet

18   Rentals Account on June 26, 2020.        According to SBA records, the loan

19   amount accrued interest of approximately $9,158.35 as of June 22,

20   2023.

21        To purchase the real property located at 12720 Burbank

22   Boulevard, Unit 118, North Hollywood, California 91607, defendant

23   also made various false statements to United Wholesale Mortgage, LLC,

24   a financial institution.     On August 9, 2021, he submitted a letter to

25   United Wholesale Mortgage that falsely stated that (1) the 5832

26   Account was used for his consulting business; (2) the falsified bank

27   statements he included with the letter were statements for the 5832

28   Account; and (3) the circled deposits on the falsified bank

                                         11
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                                        #:306


1    statements were “business related deposits.”           On August 16, 2021, he

2    submitted a uniform residential loan application to United Wholesale

3    Mortgage that falsely stated that (1) was employed by “Vardges

4    Abelyan Consulting,” (2) received a gross monthly income of

5    $5,527.34; and (3) had worked for “Vardges Abelyan Consulting” for

6    six years and six months.       In connection with both sets of false

7    statements, defendant submitted a letter, dated August 9, 2021,

8    purportedly from victim M.A., an real enrolled agent, stating, “The

9    purpose of this letter is to verify that Mr. Vardges Abelyan’s

10   consulting business has been active for 6 years and reported as

11   schedule C income.       The business is currently active and is

12   generating profit.       The business has not been affected by Covid-19.”

13   In reality, the letter was a forgery that defendant submitted knowing

14   that M.A. was a real person.

15                                 SENTENCING FACTORS

16              Defendant understands that in determining defendant’s

17   sentence the Court is required to calculate the applicable Sentencing

18   Guidelines range and to consider that range, possible departures
19   under the Sentencing Guidelines, and the other sentencing factors set

20   forth in 18 U.S.C. § 3553(a).       Defendant understands that the

21   Sentencing Guidelines are advisory only, that defendant cannot have

22   any expectation of receiving a sentence within the calculated

23   Sentencing Guidelines range, and that after considering the

24   Sentencing Guidelines and the other § 3553(a) factors, the Court will

25   be free to exercise its discretion to impose any sentence it finds

26   appropriate up to the maximum set by statute for the crime of

27   conviction.

28

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1               Defendant and the USAO agree to the following applicable

2    Sentencing Guidelines factors:

3       Base Offense Level                    7            [USSG § 2B1.1(a)(1)]

4       Loss > $95,000 1                     +8       [USSG § 2B1.1(b)(1)(E)]

5    Defendant and the USAO reserve the right to argue that additional

6    specific offense characteristics, adjustments, and departures under

7    the Sentencing Guidelines are appropriate.        Defendant understands

8    that there is no agreement as to defendant’s criminal history or

9    criminal history category.

10              Defendant and the USAO reserve the right to argue for a

11   sentence outside the sentencing range established by the Sentencing

12   Guidelines based on the factors set forth in 18 U.S.C. § 3553(a)(1),

13   (a)(2), (a)(3), (a)(6), and (a)(7).

14                         WAIVER OF CONSTITUTIONAL RIGHTS

15              Defendant understands that by pleading guilty, defendant

16   gives up the following rights:

17              a.   The right to persist in a plea of not guilty.

18              b.   The right to a speedy and public trial by jury.
19              c.   The right to be represented by counsel –- and if

20   necessary have the Court appoint counsel -- at trial.          Defendant

21   understands, however, that, defendant retains the right to be

22   represented by counsel –- and if necessary have the Court appoint

23   counsel –- at every other stage of the proceeding.

24

25

26

27        1 The government reserves the right to argue that the loss
     amount under the Sentencing Guidelines is greater than $150,000, in
28   which case a 10-level increase in defendant’s offense level will
     instead apply under USSG § 2B1.1(b)(1)(F).
                                     13
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1               d.    The right to be presumed innocent and to have the

2    burden of proof placed on the government to prove defendant guilty

3    beyond a reasonable doubt.

4               e.    The right to confront and cross-examine witnesses

5    against defendant.

6               f.    The right to testify and to present evidence in

7    opposition to the charges, including the right to compel the

8    attendance of witnesses to testify.

9               g.    The right not to be compelled to testify, and, if

10   defendant chose not to testify or present evidence, to have that

11   choice not be used against defendant.

12              h.    Any and all rights to pursue any affirmative defenses,

13   Fourth Amendment or Fifth Amendment claims, and other pretrial

14   motions that have been filed or could be filed.

15                            WAIVER OF APPEAL OF CONVICTION

16              Defendant understands that, with the exception of an appeal

17   based on a claim that defendant’s guilty plea was involuntary, by

18   pleading guilty defendant is waiving and giving up any right to
19   appeal defendant’s conviction on the offense to which defendant is

20   pleading guilty.    Defendant understands that this waiver includes,

21   but is not limited to, arguments that the statute to which defendant

22   is pleading guilty is unconstitutional, and any and all claims that

23   the statement of facts provided herein is insufficient to support

24   defendant’s plea of guilty.

25                   LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE

26              Defendant agrees that, provided the Court imposes a total

27   term of imprisonment on all counts of conviction of no more than 21

28   months’ imprisonment, defendant gives up the right to appeal all of

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1    the following: (a) the procedures and calculations used to determine

2    and impose any portion of the sentence; (b) the term of imprisonment

3    imposed by the Court; (c) the fine imposed by the Court, provided it

4    is within the statutory maximum; (d) to the extent permitted by law,

5    the constitutionality or legality of defendant’s sentence, provided

6    it is within the statutory maximum; (e) the amount and terms of any

7    restitution order, provided it requires payment of no more than

8    $169,158; (f) the term of probation or supervised release imposed by

9    the Court, provided it is within the statutory maximum; and (g) any

10   of the following conditions of probation or supervised release

11   imposed by the Court: the conditions set forth in Second Amended

12   General Order 20-04 of this Court; the drug testing conditions

13   mandated by 18 U.S.C. §§ 3563(a)(5) and 3583(d); and the alcohol and

14   drug use conditions authorized by 18 U.S.C. § 3563(b)(7).

15              Defendant also gives up any right to bring a post-

16   conviction collateral attack on the conviction or sentence, including

17   any order of restitution, except a post-conviction collateral attack

18   based on a claim of ineffective assistance of counsel, a claim of
19   newly discovered evidence, or an explicitly retroactive change in the

20   applicable Sentencing Guidelines, sentencing statutes, or statutes of

21   conviction.   Defendant understands that this waiver includes, but is

22   not limited to, arguments that the statute to which defendant is

23   pleading guilty is unconstitutional, and any and all claims that the

24   statement of facts provided herein is insufficient to support

25   defendant’s plea of guilty.

26              The USAO agrees that, provided (a) all portions of the

27   sentence are at or below the statutory maximum specified above and

28   (b) the Court imposes a term of imprisonment of no less than 15

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                                       #:310


1    months’ imprisonment, the USAO gives up its right to appeal any

2    portion of the sentence, with the exception that the USAO reserves

3    the right to appeal the following: (a) the amount of restitution

4    ordered; and (b) the terms of any criminal forfeiture order.

5                       RESULT OF WITHDRAWAL OF GUILTY PLEA

6               Defendant agrees that if, after entering a guilty plea

7    pursuant to this agreement, defendant seeks to withdraw and succeeds

8    in withdrawing defendant’s guilty plea on any basis other than a

9    claim and finding that entry into this plea agreement was

10   involuntary, then (a) the USAO will be relieved of all of its

11   obligations under this agreement; and (b) should the USAO choose to

12   pursue any charge that was either dismissed or not filed as a result

13   of this agreement, then (i) any applicable statute of limitations

14   will be tolled between the date of defendant’s signing of this

15   agreement and the filing commencing any such action; and

16   (ii) defendant waives and gives up all defenses based on the statute

17   of limitations, any claim of pre-indictment delay, or any speedy

18   trial claim with respect to any such action, except to the extent

19   that such defenses existed as of the date of defendant’s signing this

20   agreement.

21                  RESULT OF VACATUR, REVERSAL, OR SET-ASIDE

22              Defendant agrees that if the count of conviction is

23   vacated, reversed, or set aside, both the USAO and defendant will be

24   released from all their obligations under this agreement.

25                            EFFECTIVE DATE OF AGREEMENT

26              This agreement is effective upon signature and execution of

27   all required certifications by defendant, defendant’s counsel, and an

28   Assistant United States Attorney.

                                         16
     Case 2:23-cr-00285-ODW   Document 34 Filed 11/21/23   Page 17 of 22 Page ID
                                       #:311


1                                BREACH OF AGREEMENT

2               Defendant agrees that if defendant, at any time after the

3    effective date of this agreement, knowingly violates or fails to

4    perform any of defendant’s obligations under this agreement (“a

5    breach”), the USAO may declare this agreement breached.          All of

6    defendant’s obligations are material, a single breach of this

7    agreement is sufficient for the USAO to declare a breach, and

8    defendant shall not be deemed to have cured a breach without the

9    express agreement of the USAO in writing.        If the USAO declares this

10   agreement breached, and the Court finds such a breach to have

11   occurred, then: (a) if defendant has previously entered a guilty plea

12   pursuant to this agreement, defendant will not be able to withdraw

13   the guilty plea, and (b) the USAO will be relieved of all its

14   obligations under this agreement.

15              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 agreement,

18   then:
19              a.   Defendant agrees that any applicable statute of

20   limitations is tolled between the date of defendant’s signing of this

21   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 any

24   speedy trial claim with respect to any such action, except to the

25   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

                                         17
     Case 2:23-cr-00285-ODW   Document 34 Filed 11/21/23   Page 18 of 22 Page ID
                                       #:312


1    occurred prior to the breach); (ii) the agreed to factual basis

2    statement in this agreement; and (iii) any evidence derived from such

3    statements, shall be admissible against defendant in any such action

4    against defendant, and defendant waives and gives up any claim under

5    the United States Constitution, any statute, Rule 410 of the Federal

6    Rules of Evidence, Rule 11(f) of the Federal Rules of Criminal

7    Procedure, or any other federal rule, that the statements or any

8    evidence derived from the statements should be suppressed or are

9    inadmissible.

10          COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES

11                                OFFICE NOT PARTIES

12              Defendant understands that the Court and the United States

13   Probation and Pretrial Services Office are not parties to this

14   agreement and need not accept any of the USAO’s sentencing

15   recommendations or the parties’ agreements to facts or sentencing

16   factors.

17              Defendant understands that both defendant and the USAO are

18   free to: (a) supplement the facts by supplying relevant information
19   to the United States Probation and Pretrial Services Office and the

20   Court, (b) correct any and all factual misstatements relating to the

21   Court’s Sentencing Guidelines calculations and determination of

22   sentence, and (c) argue on appeal and collateral review that the

23   Court’s Sentencing Guidelines calculations and the sentence it

24   chooses to impose are not error, although each party agrees to

25   maintain its view that the calculations in paragraph 14 are

26   consistent with the facts of this case.       While this paragraph permits

27   both the USAO and defendant to submit full and complete factual

28   information to the United States Probation and Pretrial Services

                                         18
     Case 2:23-cr-00285-ODW   Document 34 Filed 11/21/23   Page 19 of 22 Page ID
                                       #:313


1    Office and the Court, even if that factual information may be viewed

2    as inconsistent with the facts agreed to in this agreement, this

3    paragraph does not affect defendant’s and the USAO’s obligations not

4    to contest the facts agreed to in this agreement.

5               Defendant understands that even if the Court ignores any

6    sentencing recommendation, finds facts or reaches conclusions

7    different from those agreed to, and/or imposes any sentence up to the

8    maximum established by statute, defendant cannot, for that reason,

9    withdraw defendant’s guilty plea, and defendant will remain bound to

10   fulfill all defendant’s obligations under this agreement.           Defendant

11   understands that no one –- not the prosecutor, defendant’s attorney,

12   or the Court –- can make a binding prediction or promise regarding

13   the sentence defendant will receive, except that it will be within

14   the statutory maximum.

15                            NO ADDITIONAL AGREEMENTS

16              Defendant understands that, except as set forth herein,

17   there are no promises, understandings, or agreements between the USAO

18   and defendant or defendant’s attorney, and that no additional
19   promise, understanding, or agreement may be entered into unless in a

20   writing signed by all parties or on the record in court.

21                PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING

22              The parties agree that this agreement will be considered

23   //

24   //

25

26

27

28

                                         19
     Case 2:23-cr-00285-ODW       Document 34 Filed 11/21/23   Page 20 of 22 Page ID
                                           #:314



 1   part of t he record o f' defendant's guilty plea hearing as if the

 2   entire agreement had been read into the record of the proceeding.
 3   AGREE D AND ACCEPT ED

 4   UNITED STATES ATTORNEY ' S OFFICE
     FOR THE CENTRAL DISTRICT OF
 5   CALIFORNIA

 6   E . MARTIN ES TRADA
     United St a t es Attorn ey
 7

 8
                                                          November 21, 2023
     ALEXANDER B . SCHWAB                               Date
 9              nited St ates Attorney

10

11                                                      Date
12

13
     GARO GHAZARIAN                                     Date    I       I
14   Attorney f or Defendan t
     VAR DGES ABELYAN
15
16                                CERTIFICATION OF DEFENDANT
17         This ag r e eme n t has been read to me in Armenian, the language I

18   understand best .     I have had enough time to review and consider this
19   agreement , and I have carefully and thoroughly discussed every part

20   o f it wi~ h my at tor n ey.    I understand the terms of t his agreement,

21   and I voluntarily agree to those terms.          I have discussed the

22   e vi dence with my attorney , and my attorney has advised me of my

23   r i ghts , of po ssible pret rial motions that might be filed, of possible

24   defenses t hat might be a sserted either prior to or at trial, of the

25   sentencing f actors set fo rth in 18 U.S.C. § 3553(a), of relevant

26   Sente nc ing Guideline s provisions, and of the consequences of entering

27   in t o this agre ement .     No promises, inducements, or representations of
28   any kind have b een made to me other than those contained in this
                                             20
     Case 2:23-cr-00285-ODW    Document 34 Filed 11/21/23   Page 21 of 22 Page ID
                                        #:315



 1   agreement.     No one has threatened or forc ed me in any way to enter
 2   into this agreement.      I am satisfied with the representation of my
 3   attorney in this matter, and I am pleading guilty because I am gui l ty
 4   of the charge and wish to take advantage of the promises set forth in

 5                    , and not for any other reason.

 6

 7                                                Date
     Defenda n t
 8

 9                            CERTIFICATION OF INTERPRETER

10           I, ~ (     St,t{{~(:11(, , am fluent in the wr i tten and spoken
11   English and Armenian languages.      I accurately translated this entire

12   agreement from English int o Armenian to defendant Vardges Abelyan on

13

14
     this date.               ~ /f-::lf-flJ
15   INT ~                                         _D_a _t_
                                                          e-+-------'-=----------

16

17                      CERTIFICAT ION OF DEFENDANT'S ATTORNEY
18           I am Vardges Abelyan's attorney .   I have carefully and

19   thoroughly discu ssed every part of this agreement with my cl ient .
20   Further , I have fully adv ised my clien t of his rights, of possible

21   p retrial mo ti ons th a t might be filed, of poss i ble defenses that might

22   be asserted eiLher prio r to or at trial, of the sentencing factors

23   se t forth in 18 U.S.C . § 3553(a ) , of relevant Sentencing Guidelines

24   provi sion s , and of the consequences of en tering into this agreement .

25   To my Knowledge: no promises, inducements, or representations of any

26   kind have been made to my client other than those conta i ned in this

27   agreeme n t; no one has threatened or forced my client in any way to

28   e nter inLo Lh~s agreement ; my client 's decision to enter into this
                                          21
     Case 2:23-cr-00285-ODW     Document 34 Filed 11/21/23   Page 22 of 22 Page ID
                                         #:316



 1   agreement is informed and voluntary; and the factual basis set forth
 2   i n this agreement is suffic ient to support my client's entry of a


 4

 5   GARO GHAZARIAN                                   Date   /     J
     Atto rney f or Defendant
 6   VARDGES ABELYAN
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