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United States v. Angela Karchyan — Plea Agreement, Central District of California (Document 29)

Summary

The plea agreement between Angela Karchyan 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-00448-JLS-2, filed January 18, 2023 as Document 29. Karchyan 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 Karchyan admits using debit cards in the names of identity-theft victims to withdraw unemployment benefits from ATMs, buying vehicles with worthless checks or bank account numbers, and selling the vehicles and splitting the proceeds with co-conspirators. The USAO agrees to argue that the loss enhancement be based on the share of losses tied to Karchyan's role.

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. Angela Karchyan — Plea Agreement, Central District of California (Document 29).” Original at ecf.cacd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-gasparyan-et-al-dkt-29-c-d-cal-0eee170e8a/, SHA-256 4621bf51b732b3a7dff86527466b133f75a3e5fc7eafaef523e28ec6e561cfdb.

Full text

     Case 2:22-cr-00448-JLS   Document 29   Filed 01/18/23   Page 1 of 15 Page ID #:118



 1    E. MARTIN ESTRADA
      United States Attorney                                            1/18/2023
 2    SCOTT M. GARRINGER                                                  VAV
      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-00448-JLS-2

13               Plaintiff,                    PLEA AGREEMENT FOR DEFENDANT
                                               ANGELA KARCHYAN
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 ANGELA
20    KARCHYAN (“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 29   Filed 01/18/23   Page 2 of 15 Page ID #:119



 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 29   Filed 01/18/23   Page 3 of 15 Page ID #:120



 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 29   Filed 01/18/23   Page 4 of 15 Page ID #:121



 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 29   Filed 01/18/23   Page 5 of 15 Page ID #:122



 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 defendant’s counsel have discussed the fact

12    that, and defendant understands that, if defendant is not a United

13    States citizen, the conviction in this case makes it practically

14    inevitable and a virtual certainty that defendant will be removed or

15    deported from the United States.         Defendant may also be denied

16    United States citizenship and admission to the United States in the

17    future.    Defendant understands that while there may be arguments

18    that defendant can raise in immigration proceedings to avoid or

19    delay removal, removal is presumptively mandatory and a virtual

20    certainty in this case.       Defendant further understands that removal

21    and immigration consequences are the subject of a separate

22    proceeding and that no one, including defendant’s attorney or the

23    Court, can predict to an absolute certainty the effect of

24    defendant’s 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 29   Filed 01/18/23   Page 6 of 15 Page ID #:123



 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 29   Filed 01/18/23    Page 7 of 15 Page ID #:124



 1          accomplish it. In furtherance of the conspiracy, defendant
            used debit cards in the names of victims of identity theft to
 2          withdraw from ATMs fraudulently obtained unemployment benefits.
            Acting with the intent to defraud, defendant purchased vehicles
 3          with worthless checks or bank account numbers. Defendant sold
 4          the vehicles and split the proceeds with her co-conspirators.
            Defendant and her co-conspirators used interstate wires to
 5          defraud their victims throughout this conspiracy.

 6                                  SENTENCING FACTORS

 7          11.    Defendant understands that in determining defendant’s

 8    sentence the Court is required to calculate the applicable

 9    Sentencing Guidelines range and to consider that range, possible

10    departures under the Sentencing Guidelines, and the other sentencing

11    factors set forth in 18 U.S.C. § 3553(a).              Defendant understands

12    that the Sentencing Guidelines are advisory only, that defendant

13    cannot have any expectation of receiving a sentence within the

14    calculated Sentencing Guidelines range, and that after considering

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

16    will be free to exercise its discretion to impose any sentence it

17    finds appropriate up to the maximum set by statute for the crimes of

18    conviction.

19          12.    Defendant and the USAO have no agreement as to the

20    appropriate sentence or the applicable Sentencing Guidelines

21    factors.    Both parties reserve the right to seek any sentence within

22    the statutory maximum, and to argue for any criminal history score

23    and category, base offense level, specific offense characteristics,

24    adjustments, departures, and variances, with the following

25    exception:    the USAO agrees to advocate that defendant’s loss

26    enhancement be based on the proportion of the losses from the

27    conspiracy for which she played a role, and defendant agrees not to

28

                                              7
     Case 2:22-cr-00448-JLS   Document 29   Filed 01/18/23   Page 8 of 15 Page ID #:125



 1    seek a role reduction—unless the Court considers all the losses from

 2    the conspiracy when calculating defendant’s loss enhancement.

 3                            WAIVER OF CONSTITUTIONAL RIGHTS

 4          13.   Defendant understands that by pleading guilty, defendant

 5    gives up the following rights:

 6                a)    The right to persist in a plea of not guilty.

 7                b)    The right to a speedy and public trial by jury.

 8                c)    The right to be represented by counsel – and if

 9    necessary have the court appoint counsel - at trial.              Defendant

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

11    represented by counsel – and if necessary have the court appoint

12    counsel – at every other stage of the proceeding.

13                d)    The right to be presumed innocent and to have the

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

15    beyond a reasonable doubt.

16                e)    The right to confront and cross-examine witnesses

17    against defendant.

18                f)    The right to testify and to present evidence in

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

20    attendance of witnesses to testify.

21                g)    The right not to be compelled to testify, and, if

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

23    choice not be used against defendant.

24                h)    Any and all rights to pursue any affirmative

25    defenses, Fourth Amendment or Fifth Amendment claims, and other

26    pretrial motions that have been filed or could be filed.

27

28

                                              8
     Case 2:22-cr-00448-JLS   Document 29   Filed 01/18/23   Page 9 of 15 Page ID #:126



 1                             LIMITED WAIVER OF DISCOVERY

 2          14.   In exchange for the government's obligations under this

 3    agreement, defendant gives up any right defendant may have had to

 4    review any additional discovery.

 5                   ABANDONMENT OF DIGITAL DEVICES AND FIREARMS

 6          15.   Defendant abandons all right, title, and interest

 7    defendant had in any of the digital devices, firearms, or ammunition

 8    seized by law enforcement officials in the investigation of this

 9    case, which defendant admits are instrumentalities of defendant’s

10    offense.

11                            WAIVER OF APPEAL OF CONVICTION

12          16.   Defendant understands that, with the exception of an

13    appeal based on a claim that defendant’s guilty pleas were

14    involuntary, by pleading guilty defendant is waiving and giving up

15    any right to appeal defendant’s conviction on the offense to which

16    defendant is pleading guilty.

17                   LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE

18          17.   Defendant agrees that, provided the Court imposes a term

19    of imprisonment of no more than twenty years, defendant gives up the

20    right to appeal all of the following: (a) the procedures and

21    calculations used to determine and impose any portion of the

22    sentence; (b) the term of imprisonment imposed by the Court; (c) the

23    fine imposed by the court, provided it is within the statutory

24    maximum; (d) the term of probation or supervised release imposed by

25    the Court, provided it is within the statutory maximum; (e) the

26    amount and terms of any restitution order, provided it requires

27    payment of no more than $10,000,000; and (f) the conditions of

28    probation or supervised release imposed by the Court.

                                              9
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 1        18.    Defendant also gives up any right to bring a post-

 2   conviction collateral attack on the conviction or sentence,

 3   including any order of restitution, except a post-conviction

 4   collateral attack based on a claim of ineffective assistance of

 5   counsel, a claim of newly discovered evidence, or an explicitly

 6   retroactive change in the applicable Sentencing Guidelines,

 7   sentencing statutes, or statutes of conviction.

 8        19.    The USAO gives up its right to appeal any portion of the

 9   sentence.

10                      RESULT OF WITHDRAWAL OF GUILTY PLEA

11        20.    Defendant agrees that if, after entering a guilty plea

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

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

14   claim and finding that entry into this plea agreement was

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

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

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

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

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

20   agreement and the filing commencing any such action; and

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

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

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

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

25   this agreement.

26

27

28

                                           10
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 1                            EFFECTIVE DATE OF AGREEMENT

 2        21.   This agreement is effective upon signature and execution

 3   of all required certifications by defendant, defendant’s counsel,

 4   and an Assistant United States Attorney.

 5                                BREACH OF AGREEMENT

 6        22.   Defendant agrees that if defendant, at any time after the

 7   signature of this agreement and execution of all required

 8   certifications by defendant, defendant’s counsel, and an Assistant

 9   United States Attorney, knowingly violates or fails to perform any

10   of defendant’s obligations under this agreement (“a breach”), the

11   USAO may declare this agreement breached.        All of defendant’s

12   obligations are material, a single breach of this agreement is

13   sufficient for the USAO to declare a breach, and defendant shall not

14   be deemed to have cured a breach without the express agreement of

15   the USAO in writing.      If the USAO declares this agreement breached,

16   and the Court finds such a breach to have occurred, then: (a) if

17   defendant has previously entered a guilty plea pursuant to this

18   agreement, defendant will not be able to withdraw the guilty pleas,

19   (b) the USAO will be relieved of all its obligations under this

20   agreement, and (c) defendant will still be bound by defendant’s

21   obligations under this agreement.

22        23.   Following the Court’s finding of a knowing breach of this

23   agreement by defendant, should the USAO choose to pursue any charge

24   that was either dismissed or not filed as a result of this

25   agreement, then:

26              a)    Defendant agrees that any applicable statute of

27   limitations is tolled between the date of defendant’s signing of

28   this agreement and the filing commencing any such action.

                                           11
     Case 2:22-cr-00448-JLS   Document 29 Filed 01/18/23   Page 12 of 15 Page ID
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 1              b)    Defendant waives and gives up all defenses based on

 2   the statute of limitations, any claim of pre-indictment delay, or

 3   any speedy trial claim with respect to any such action, except to

 4   the extent that such defenses existed as of the date of defendant’s

 5   signing this agreement.

 6              c)    Defendant agrees that: (i) any statements made by

 7   defendant, under oath, at the guilty plea hearing (if such a hearing

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

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

10   such statements, shall be admissible against defendant in any such

11   action against defendant, and defendant waives and gives up any

12   claim under the United States Constitution, any statute, Rule 410 of

13   the Federal Rules of Evidence, Rule 11(f) of the Federal Rules of

14   Criminal Procedure, or any other federal rule, that the statements

15   or any evidence derived from the statements should be suppressed or

16   are inadmissible.

17                    COURT AND PROBATION OFFICE NOT PARTIES

18        24.   Defendant understands that the Court and the United States

19   Probation Office are not parties to this agreement and need not

20   accept any of the USAO’s sentencing recommendations or the parties’

21   agreements to facts or sentencing factors.

22        25.   Defendant understands that both defendant and the USAO are

23   free to: (a) supplement the facts by supplying relevant information

24   to the United States Probation Office and the Court, (b) correct any

25   and all factual misstatements relating to the Court’s Sentencing

26   Guidelines calculations and determination of sentence, and (c) argue

27   on appeal and collateral review that the Court’s Sentencing

28   Guidelines calculations and the sentence it chooses to impose are

                                           12
     Case 2:22-cr-00448-JLS   Document 29 Filed 01/18/23   Page 13 of 15 Page ID
                                        #:130


 1   not error, although each party agrees to maintain its view that the

 2   calculations in the plea agreement are consistent with the facts of

 3   this case.    While this paragraph permits both the USAO and defendant

 4   to submit full and complete factual information to the United States

 5   Probation Office and the Court, even if that factual information may

 6   be viewed as inconsistent with the facts agreed to in this

 7   agreement, this paragraph does not affect defendant’s and the USAO’s

 8   obligations not to contest the facts agreed to in this agreement.

 9        26.     Defendant understands that even if the Court ignores any

10   sentencing recommendation, finds facts or reaches conclusions

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

12   the maximum established by statute, defendant cannot, for that

13   reason, withdraw defendant’s guilty pleas, and defendant will remain

14   bound to fulfill all defendant’s obligations under this agreement.

15   Defendant understands that no one –- not the prosecutor, defendant’s

16   attorney, or the Court –- can make a binding prediction or promise

17   regarding the sentence defendant will receive, except that it will

18   be within the statutory maximum.

19                             NO ADDITIONAL AGREEMENTS

20        27.     Defendant understands that, except as set forth herein,

21   there are no promises, understandings, or agreements between the

22   USAO and defendant or defendant’s attorney, and that no additional

23   promise, understanding, or agreement may be entered into unless in a

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

25                 PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING

26        28.     The parties agree that this agreement will be considered

27   part of the record of defendant’s guilty plea hearing as if the

28   entire agreement had been read into the record of the proceeding.

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