Pandemic Darlings The pandemic economy, in original documents
Home Plea Agreement — USA v. Margaryan et al (Dkt. 301, C.D. Cal.)Search ⌕

Plea Agreement — USA v. Margaryan et al (Dkt. 301, C.D. Cal.)

Summary

The plea agreement between Sarkis Sarkisyan, aka Samuel Shaw, and the United States Attorney's Office for the Central District of California in United States v. Sarkis Sarkisyan, et al, CR No. 25-458-CV, filed March 17, 2026 as Document 301. The defendant agrees to plead guilty to counts thirty-four and thirty-five, wire fraud under 18 U.S.C. § 1343, and count thirty, transactional money laundering under 18 U.S.C. § 1957, and the parties agree that restitution of at least $786,457 is due to the U.S. Small Business Administration. The parties stipulate to a total offense level of 21 or 23, with the government reserving the right to argue for a higher loss enhancement. In the factual basis the defendant admits false PPP loan and forgiveness certifications for Prime and a $25,000 transfer of proceeds of an SBA-guaranteed loan.

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

“Plea Agreement — USA v. Margaryan et al (Dkt. 301, C.D. Cal.).” Original at ecf.cacd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-margaryan-et-al-dkt-301-c-d-cal-d426928f18/, SHA-256 522038a398cab0481394dde74529a3a4717b38d26e553172da7c1392818781dd.

Full text

      Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 1 of 32 Page ID
                                        #:1287


1    TODD BLANCHE
     Deputy Attorney General
2    BILAL A. ESSAYLI
     First Assistant United States Attorney
3    ALEXANDER B. SCHWAB
     Assistant United States Attorney
4    Acting Chief, Criminal Division
     MARK AVEIS (Cal. Bar No. 107881)
5    Assistant United States Attorney
     Major Frauds Section
6         1100 United States Courthouse
          312 North Spring Street
7         Los Angeles, California 90012
          Telephone: (213) 894-4477
8         Facsimile: (213) 894-0141
          E-mail:     mark.aveis@usdoj.gov
9
     Attorneys for Plaintiff
10   UNITED STATES OF AMERICA
11                            UNITED STATES DISTRICT COURT
12                     FOR THE CENTRAL DISTRICT OF CALIFORNIA
13   UNITED STATES OF AMERICA,                No. CR 25-458-CV

14              Plaintiff,                    PLEA AGREEMENT FOR DEFENDANT
                                              SARKIS SARKISYAN
15                   v.

16   SARKIS SARKISYAN, aka Samuel
     Shaw,
17
                Defendant.
18

19

20        1.    This constitutes the plea agreement between defendant
21   SARKIS SARKISYAN, aka “Samuel Shaw,” (“defendant”) and the United
22   States Attorney’s Office for the Central District of California (the
23   “USAO”) in the above-captioned case.        This agreement is limited to
24   the USAO and cannot bind any other federal, state, local, or foreign
25   prosecuting, enforcement, administrative, or regulatory authorities.
26                              DEFENDANT’S OBLIGATIONS
27        2.    Defendant agrees to:
28
      Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 2 of 32 Page ID
                                        #:1288


1               a.    At the earliest opportunity requested by the USAO and

2    provided by the Court, appear and plead guilty to counts thirty,

3    thirty-four, and thirty-five of the indictment in United States v.

4    Sarkis Sarkisyan, et al, CR No. 25-458-CV, which charges defendant

5    with wire fraud in violation of 18 U.S.C. § 1343 (counts thirty-four

6    and thirty-five), and with transactional money laundering in

7    violation of 18 U.S.C. § 1957 (count thirty).

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

9               c.    Abide by all agreements regarding sentencing contained
10   in this agreement.
11              d.    Appear for all court appearances, surrender as ordered
12   for service of sentence, obey all conditions of any bond, and obey
13   any other ongoing court order in this matter.
14              e.    Not commit any crime; however, offenses that would be
15   excluded for sentencing purposes under United States Sentencing
16   Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are not
17   within the scope of this agreement.
18              f.    Be truthful at all times with the United States

19   Probation and Pretrial Services Office and the Court.

20              g.    Pay the applicable special assessments at or before

21   the time of sentencing unless defendant has demonstrated a lack of

22   ability to pay such assessments.

23                                     RESTITUTION

24        3.    Defendant agrees that any and all criminal debt ordered by

25   the Court will be due in full and immediately.          The government is not

26   precluded from pursuing, in excess of any payment schedule set by the

27   Court, any and all available remedies by which to satisfy defendant’s

28

                                           2
      Case 2:25-cr-00458-CV    Document 301 Filed 03/17/26   Page 3 of 32 Page ID
                                         #:1289


1    payment of the full financial obligation, including referral to the

2    Treasury Offset Program.

3         4.    Defendant further agrees to:

4               a.    Complete the Financial Disclosure Statement on a form

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

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

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

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

9    Litigation Section at 300 North Los Angeles Street, Suite 7516, Los
10   Angeles, CA 90012.       Defendant agrees that defendant’s ability to pay
11   criminal debt shall be assessed based on the completed Financial
12   Disclosure Statement and all required supporting documents, as well
13   as other relevant information relating to ability to pay.
14              b.    Authorize the USAO to obtain a credit report upon
15   returning a signed copy of this plea agreement.
16   Consent to the USAO inspecting and copying all of defendant’s
17   financial documents and financial information held by the United
18   States Probation and Pretrial Services Office.

19                                THE USAO’S OBLIGATIONS

20        5.    The USAO agrees to:

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

22              b.    Abide by all agreements regarding sentencing contained

23   in this agreement.

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

25   remaining counts of the indictment and all counts against defendant

26   in the complaints in 25-MJ-3132-DUTY and 25-MJ-3138-DUTY as against

27   defendant.   Defendant agrees, however, that at the time of sentencing

28   the Court may consider any dismissed charge(s) in determining the

                                            3
      Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 4 of 32 Page ID
                                        #:1290


1    applicable Sentencing Guidelines range, the propriety and extent of

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

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

4    demonstrates an acceptance of responsibility for the offenses up to

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

6    in the applicable Sentencing Guidelines offense level, pursuant to

7    U.S.S.G. § 3E1.1, and recommend and, if necessary, move for an

8    additional one-level reduction if available under that section.

9                                NATURE OF THE OFFENSES
10        6.    Defendant understands that for defendant to be guilty of

11   the crime charged in counts thirty-four and thirty-five of the

12   indictment, that is, wire fraud, in violation of Title 18, United

13   States Code, Section 1343, the following must be true: (1) defendant

14   knowingly participated in or devised a scheme or plan to defraud, or

15   a scheme or plan for obtaining money or property by means of false or

16   fraudulent pretenses, representations, or promises; (2) the

17   statements made as part of the scheme were material; that is, they

18   had a natural tendency to influence, or were capable of influencing,

19   a person to part with money or property; (3) defendant acted with the

20   intent to defraud, that is, the intent to deceive and cheat; and

21   (4) defendant used, or caused to be used, an interstate wire

22   communication to carry out or attempt to carry out an essential part

23   of the scheme.    Defendant understands that for defendant to be guilty

24   of the crime charged in count thirty of the indictment, that is,

25   transactional money laundering, in violation of Title 18, United

26   States Code, Section 1957, the following must be true: (1) defendant

27   knowingly engaged or attempted to engage in a monetary transaction;

28   (2) defendant knew the transaction involved criminally derived

                                           4
      Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26     Page 5 of 32 Page ID
                                        #:1291


1    property; (3) the property had a value greater than $10,000; (4) the

2    property was, in fact, derived from the wire fraud scheme alleged in

3    the indictment; and (5) the transaction occurred in the United

4    States.

5                              PENALTIES AND RESTITUTION

6         7.    Defendant understands that the statutory maximum sentence

7    that the Court can impose for a violation of Title 18, United States

8    Code, Section 1343, is: twenty years’ imprisonment; a three-year

9    period of supervised release; a fine of $250,000 or twice the gross
10   gain or gross loss resulting from the offense, whichever is greatest;
11   and a mandatory special assessment of $100.            Defendant understands
12   that the statutory maximum sentence that the Court can impose for a
13   violation of Title 18, United States Code, Section 1957, is: ten
14   years’ imprisonment; a three-year period of supervised release; a
15   fine of $250,000 or twice the amount of the criminally derived
16   property involved in the transaction, whichever is greatest; and a
17   mandatory special assessment of $100.        Defendant understands that,
18   therefore, the total statutory maximum sentence that the Court can

19   impose in this case is: fifty years’ imprisonment; a three-year

20   period of supervised release; a fine of $750,000 or twice the gross

21   gain or gross loss resulting from the offense, or twice the amount of

22   the criminally derived property involved in the transaction,

23   whichever is greatest; and a mandatory special assessment of $300.

24        8.    Defendant understands that defendant will be required to

25   pay full restitution to the victims of the offenses to which

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

27   the United States’ compliance with its obligations under this

28   agreement, the Court may order restitution to persons other than the

                                           5
      Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 6 of 32 Page ID
                                        #:1292


1    victims of the offenses to which defendant is pleading guilty and in

2    amounts greater than those alleged in the counts to which defendant

3    is pleading guilty.      In particular, defendant agrees that the Court

4    may order restitution to any victim of any of the following for any

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

6    as defined in U.S.S.G. § 1B1.3, in connection with the offense to

7    which defendant is pleading guilty; and (b) any counts dismissed

8    pursuant to this agreement as well as all relevant conduct, as

9    defined in U.S.S.G. § 1B1.3, in connection with those counts.            The
10   parties agree that the total amount of restitution due is at least
11   $786,457, payable to the U.S. Small Business Administration.
12        9.    Defendant understands that supervised release is a period
13   of time following imprisonment during which defendant will be subject
14   to various restrictions and requirements.         Defendant understands that
15   if defendant violates one or more of the conditions of any supervised
16   release imposed, defendant may be returned to prison for all or part
17   of the term of supervised release authorized by statute for the
18   offense that resulted in the term of supervised release, which could

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

20   the statutory maximum stated above.

21        10.    Defendant understands that, by pleading guilty, defendant

22   may be giving up valuable government benefits and valuable civic

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

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

25   Defendant understands that he is pleading guilty to felonies and that

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

27   ammunition.    Defendant understands that the convictions in this case

28   may also subject defendant to various other collateral consequences,

                                           6
      Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26     Page 7 of 32 Page ID
                                        #:1293


1    including but not limited to revocation of probation, parole, or

2    supervised release in another case and suspension or revocation of a

3    professional license.      Defendant understands that unanticipated

4    collateral consequences will not serve as grounds to withdraw

5    defendant’s guilty pleas.

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

7    and defendant understands that, if defendant is not a United States

8    citizen, the convictions in this case, or any one of them, make it

9    practically inevitable and a virtual certainty that defendant will be
10   removed or deported from the United States.            Defendant may also be
11   denied United States citizenship and admission to the United States
12   in the future.    Defendant understands that while there may be
13   arguments that defendant can raise in immigration proceedings to
14   avoid or delay removal, removal is presumptively mandatory and a
15   virtual certainty in this case.       Defendant further understands that
16   removal and immigration consequences are the subject of a separate
17   proceeding and that no one, including his attorney or the Court, can
18   predict to an absolute certainty the effect of his convictions on his

19   immigration status.      Defendant nevertheless affirms that he wants to

20   plead guilty regardless of any immigration consequences that his

21   pleas may entail, even if the consequence is automatic removal from

22   the United States.

23                                    FACTUAL BASIS

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

25   offenses to which defendant is agreeing to plead guilty.              Defendant

26   and the USAO agree to the statement of facts provided in Exhibit A

27   attached hereto and incorporated herein by this reference, and agree

28   that this statement of facts is sufficient to support pleas of guilty

                                           7
      Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 8 of 32 Page ID
                                        #:1294


1    to the charges described in this agreement and to establish the

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

3    not meant to be a complete recitation of all facts relevant to the

4    underlying criminal conduct or all facts known to either party that

5    relate to that conduct.

6                                  SENTENCING FACTORS

7         13.    Defendant understands that in determining defendant’s

8    sentence the Court is required to calculate the applicable Sentencing

9    Guidelines range and to consider that range, possible departures
10   under the Sentencing Guidelines, and the other sentencing factors set
11   forth in 18 U.S.C. § 3553(a).       Defendant understands that the
12   Sentencing Guidelines are advisory only, that defendant cannot have
13   any expectation of receiving a sentence within the calculated
14   Sentencing Guidelines range, and that after considering the
15   Sentencing Guidelines and the other § 3553(a) factors, the Court will
16   be free to exercise its discretion to impose any sentence it finds
17   appropriate up to the maximum set by statute for the crimes of
18   conviction.

19        14.    Defendant and the USAO agree to the following applicable

20   Sentencing Guidelines factors:

21      Base Offense Level:                     7           [U.S.S.G. § 2B1.1(a)]

22      Loss between $550K and $1.5MM               [U.S.S.G. § 2B1.1(b)(1)(H),
        or between $1.5MM and $3.5MM:          14
23                                             or                              (I)]
                                               16
24
        Money Laundering:                       1   [U.S.S.G. § 2S1.1(b)(2)(A)]
25
        Sophisticated Means:                    2    [U.S.S.G. § 2B1.1(b)(10)]
26
        Acceptance of Responsibility:          -3             [U.S.S.G. § 3E1.1]
27
        Total Offense Level: 21 or 23
28

                                           8
      Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 9 of 32 Page ID
                                        #:1295


1    The USAO will agree to a two-level downward adjustment for acceptance

2    of responsibility (and, if applicable, move for an additional one-

3    level downward adjustment under U.S.S.G. § 3E1.1(b)) only if the

4    conditions set forth in paragraph 2 are met and if defendant has not

5    committed, and refrains from committing, acts constituting

6    obstruction of justice within the meaning of U.S.S.G. § 3C1.1, as

7    discussed below.     Nothwithstanding the foregoing, the government

8    reserves the right to argue for, and defendant reserves the right to

9    oppose, an additional two levels for loss under U.S.S.G. §
10   2B1.1(b)(1)(I).    Subject to paragraph 29 below and the government’s
11   right to argue for an additional two level for loss under U.S.S.G. §
12   2B1.1(b)(1)(I), defendant and the USAO agree not to seek, argue, or
13   suggest in any way, either orally or in writing, that any other
14   specific offense characteristics, adjustments, or departures relating
15   to the offense level be imposed.          Defendant agrees, however, that if,
16   after signing this agreement but prior to sentencing, defendant were
17   to commit an act, or the USAO were to discover a previously
18   undiscovered act committed by defendant prior to signing this

19   agreement, which act, in the judgment of the USAO, constituted

20   obstruction of justice within the meaning of U.S.S.G. § 3C1.1, the

21   USAO would be free to seek the enhancement set forth in that section

22   and to argue that defendant is not entitled to a downward adjustment

23   for acceptance of responsibility under U.S.S.G. § 3E1.1.

24        15.    Defendant understands that there is no agreement as to

25   defendant’s criminal history or criminal history category.

26        16.    Defendant and the USAO reserve the right to argue for a

27   sentence outside the sentencing range established by the Sentencing

28

                                           9
     Case 2:25-cr-00458-CV    Document 301 Filed 03/17/26   Page 10 of 32 Page ID
                                        #:1296


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

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

3                            WAIVER OF CONSTITUTIONAL RIGHTS

4         17.    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 defenses,

25   Fourth Amendment or Fifth Amendment claims, and other pretrial

26   motions that have been filed or could be filed.

27

28

                                           10
     Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 11 of 32 Page ID
                                       #:1297


1               WAIVER OF APPEAL OF CONVICTIONS AND COLLATERAL ATTACK

2         18.     Defendant understands that, with the exception of an

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

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

5    any right to appeal defendant’s convictions on the offenses to which

6    defendant is pleading guilty.      Defendant understands that this waiver

7    includes, but is not limited to, arguments that the statutes to which

8    defendant is pleading guilty are unconstitutional, and any and all

9    claims that the statement of facts provided herein is insufficient to
10   support defendant’s pleas of guilty.
11        19.      Defendant also gives up any right to bring a post-
12   conviction collateral attack on the convictions or sentence,
13   including any order of restitution, except a post-conviction
14   collateral attack based on a claim of ineffective assistance of
15   counsel, a claim of newly discovered evidence, or an explicitly
16   retroactive change in the applicable Sentencing Guidelines,
17   sentencing statutes, or statutes of conviction.          Defendant
18   understands that this waiver includes, but is not limited to,

19   arguments that the statutes to which defendant is pleading guilty

20   are unconstitutional, and any and all claims that the statement of

21   facts provided herein is insufficient to support defendant’s pleas

22   of guilty.

23                   LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE

24        20.     Defendant agrees that, provided the Court imposes a total

25   term of imprisonment on all counts of conviction of not more than the

26   statutory maximum, defendant gives up the right to appeal all of the

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

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

                                          11
     Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 12 of 32 Page ID
                                       #:1298


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

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

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

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

5    restitution order; (f) the term of probation or supervised release

6    imposed by the Court, provided it is within the statutory maximum;

7    and (g) any of the following conditions of probation or supervised

8    release imposed by the Court: the conditions set forth in Second

9    Amended General Order 20-04 of this Court; and the drug testing
10   conditions mandated by 18 U.S.C. §§ 3563(a)(5) and 3583(d).
11        21.     The USAO agrees that, provided all portions of the
12   sentence are at or below the statutory maximum specified above, the
13   USAO gives up its right to appeal any portion of the sentence.
14        WAIVER OF RIGHTS CONCERNING PLEA COLLOQUY AND FACTUAL BASIS
15        22.     Defendant agrees that: (i) any statements made by

16   defendant, under oath, at the guilty plea hearing; (ii) the agreed to

17   factual basis statement in this agreement; and (iii) any evidence

18   derived from such statements, shall be admissible against defendant

19   in any action against defendant, and defendant waives and gives up

20   any claim under the United States Constitution, any statute, Rule 410

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

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

23   any evidence derived from the statements should be suppressed or are

24   inadmissible.

25        Defendant further agrees that this paragraph of the agreement is

26   severable.    Thus, defendant’s waivers are binding and effective even

27   if, subsequent to defendant’s signing this agreement, defendant

28   declines to plead guilty, the Court declines to accept his guilty

                                          12
     Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 13 of 32 Page ID
                                       #:1299


1    plea, or, if this agreement is of the type described in Federal Rule

2    of Criminal Procedure 11(c)(1)(A) or (c)(1)(C), the Court rejects

3    this agreement.    Defendant also agrees that his waivers are binding

4    and effective even if some other portion of this agreement is found

5    to be invalid by this Court or the Ninth Circuit.

6                       RESULT OF WITHDRAWAL OF GUILTY PLEA

7         23.     Defendant agrees that if, after entering a guilty plea or

8    pleas pursuant to this agreement, defendant seeks to withdraw and

9    succeeds in withdrawing defendant’s guilty plea or pleas on any basis
10   other than a claim and finding that entry into this plea agreement
11   was 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 this

21   agreement.

22                   RESULT OF VACATUR, REVERSAL, OR SET-ASIDE

23        24.     Defendant agrees that if any count of conviction is

24   vacated, reversed, or set aside the USAO may: (a) ask the Court to

25   resentence defendant on any remaining counts of conviction, with both

26   the USAO and defendant being released from any stipulations regarding

27   sentencing contained in this agreement, (b) ask the Court to void the

28   entire plea agreement and vacate defendant’s guilty pleas on any

                                          13
     Case 2:25-cr-00458-CV    Document 301 Filed 03/17/26   Page 14 of 32 Page ID
                                        #:1300


1    remaining counts of conviction, with both the USAO and defendant

2    being released from all their obligations under this agreement, or

3    (c) leave defendant’s remaining convictions, sentence, and plea

4    agreement intact.       Defendant agrees that the choice among these three

5    options rests in the exclusive discretion of the USAO.

6                              EFFECTIVE DATE OF AGREEMENT

7         25.    This agreement is effective upon signature and execution

8    of all required certifications by defendant, defendant’s counsel, and

9    an Assistant United States Attorney.
10                                 BREACH OF AGREEMENT
11        26.    Defendant agrees that if defendant, at any time after the

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

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

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

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

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

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

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

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

20   occurred, then: (a) if defendant has previously entered guilty pleas

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

22   the guilty pleas, and (b) the USAO will be relieved of all its

23   obligations under this agreement.

24        27.    Following the Court’s finding of a knowing breach of this

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

26   that was either dismissed or not filed as a result of this agreement,

27   then:

28

                                           14
     Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 15 of 32 Page ID
                                       #:1301


1               a.    Defendant agrees that any applicable statute of

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

3    agreement and the filing commencing any such action; and

4               b.    Defendant waives and gives up all defenses based on

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

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

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

8    signing this agreement.

9           COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES
10                                OFFICE NOT PARTIES

11        28.    Defendant understands that the Court and the United States

12   Probation and Pretrial Services Office are not parties to this

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

14   recommendations or the parties’ agreements to facts or sentencing

15   factors.

16        29.    Defendant understands that both defendant and the USAO are

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

18   to the United States Probation and Pretrial Services Office and the

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

20   Court’s Sentencing Guidelines calculations and determination of

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

22   Court’s Sentencing Guidelines calculations and the sentence it

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

24   maintain its view that the calculations in paragraph 14 are

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

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

27   information to the United States Probation and Pretrial Services

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

                                          15
     Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 16 of 32 Page ID
                                       #:1302


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

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

3    to contest the facts agreed to in this agreement.

4         30.    Defendant understands that even if the Court ignores any

5    sentencing recommendation, finds facts or reaches conclusions

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

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

8    withdraw defendant’s guilty pleas, and defendant will remain bound to

9    fulfill all defendant’s obligations under this agreement.           Defendant
10   understands that no one –- not the prosecutor, defendant’s attorney,
11   or the Court –- can make a binding prediction or promise regarding
12   the sentence defendant will receive, except that it will be within
13   the statutory maximum.
14                             NO ADDITIONAL AGREEMENTS
15        31.    Defendant understands that, except as set forth herein,

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

17   and defendant or defendant’s attorney, and that no additional

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

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

20   //

21   //

22

23

24

25

26

27

28

                                          16
     Case 2:25-cr-00458-CV    Document 301 Filed 03/17/26   Page 17 of 32 Page ID
                                        #:1303


1                  PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING

2         32.     The parties agree that this agreement will be considered

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

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

5    AGREED AND ACCEPTED

6    UNITED STATES ATTORNEY’S OFFICE
     FOR THE CENTRAL DISTRICT OF
7    CALIFORNIA

8    TODD BLANCHE
     Deputy Attorney General
9    BILAL A. ESSAYLI
     First Assistant United States
10   Attorney

11                                                     March 17, 2026

12   MARK AVEIS                                        Date
     Assistant United States Attorney
13
       (see following pages)
14   SARKIS SARKISYAN, aka Samuel Shaw                 Date
     Defendant
15
      (see following pages)
16   MICHAEL H. ARTAN                                  Date
     Attorney for Defendant SARKIS
17   SARKISYAN
18

19

20

21

22

23

24

25

26

27

28

                                           17
Case 2:25-cr-00458-CV     Document 301 Filed 03/17/26   Page 18 of 32 Page ID
                                    #:1304




       (see page above)
Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 19 of 32 Page ID
                                  #:1305
Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 20 of 32 Page ID
                                  #:1306
Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 21 of 32 Page ID
                                  #:1307
Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 22 of 32 Page ID
                                  #:1308
Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 23 of 32 Page ID
                                  #:1309
Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 24 of 32 Page ID
                                  #:1310
Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 25 of 32 Page ID
                                  #:1311
Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 26 of 32 Page ID
                                  #:1312
     Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 27 of 32 Page ID
                                       #:1313


1                       EXHIBIT A (Stipulated Factual Basis)

2         The parties agree that the following stipulated factual basis

3    meets the requirements of Fed.R.Crim.P. 11(b)(3).

4         At all relevant times:

5         Defendant was a resident of Los Angeles County, California, in

6    the Central District of California, a location in which he performed

7    all of the acts described below.

8         All funds that were transferred for the benefit of defendant

9    involved the deposit, withdrawal, transfer, or exchange by, through,
10   or to a financial institution engaged in interstate commerce and
11   located in the Central District of California.
12   The Paycheck Protection Program
13        The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act
14   was a federal law enacted in or about March 2020 that was designed to
15   provide emergency financial assistance to Americans suffering
16   economic harm as a result of the COVID-19 pandemic.          One form of
17   assistance provided by the CARES Act was the authorization of United
18   States taxpayer funds in the form of loans to small businesses for

19   job retention and certain other expenses through a program referred

20   to as the Paycheck Protection Program (“PPP;” loans under that

21   program are sometimes referred to herein as a “PPPL” or “PPPLs”).

22   PPPL proceeds were required to be used by the applicant business to

23   pay certain expenses such as payroll costs, interest on mortgages,

24   rent, and utilities.

25        In order to obtain a PPPL, a qualifying business was required,

26   among other things, to submit a PPPL application that required the

27   applicant business (through its authorized representative) to

28   acknowledge PPP program rules and make certain affirmative

                                          20
     Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 28 of 32 Page ID
                                       #:1314


1    certifications that the applicant business would comply with all such

2    rules to be eligible to obtain a PPPL.        Such certifications required,

3    among other things, that the applicant affirm that “[PPP] funds will

4    be used to retain workers and maintain payroll or make mortgage

5    interest payments, lease payments, and utility payments,” and that

6    the “loan proceeds will be used only for business-related purposes as

7    specified in the [PPPL application]” and consistent with PPP rules.

8         The authorized representative of the applicant was required to

9    certify that “the information provided in th[e] PPP application and
10   the information provided in all supporting documents and forms is
11   true and accurate in material respects,” and that “I understand that
12   if the funds are knowingly used for unauthorized purposes, the
13   federal government may hold me legally liable, such as for charges of
14   fraud.”
15        A PPPL applicant’s representative was also required to state,
16   among other things, the applicant’s average monthly payroll expenses
17   and number of its employees.      These figures were used to calculate
18   the amount of money that the business was eligible to receive under

19   the PPP.   In addition, the applicant’s representative was required to

20   provide documentation showing its payroll expenses and such other

21   documentation as the U.S. Small Business Administration (“SBA”) or

22   the lender requested.

23        A PPPL application and supporting documents were submitted

24   online through a portal and processed by a participating lender.              The

25   applicant’s representative confirmed his/her true identity through a

26   variety of means including providing personal identifying

27   information, uploading a copy of that person’s driver’s license

28   and/or Social Security card, and/or executing loan documents via a

                                          21
     Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 29 of 32 Page ID
                                       #:1315


1    document authentication platform such as DocuSign.          If a PPPL

2    application was approved, the participating lender would fund the

3    PPPL using its own funds and would wire-transfer those funds to a

4    bank account designated by the applicant.        By wire-transferring the

5    loan proceeds to that designated account, the lender, the SBA and,

6    ultimately, law enforcement would have yet another way to ensure that

7    the application was sought by the stated applicant through his/her

8    duly acting representative and that the applicant received and used

9    those funds in accordance with PPP rules.
10         If PPP lending criteria were followed by the lender, the SBA, in
11   turn, guaranteed the borrower’s repayment in the event of that
12   borrower’s default.
13          PPPL Forgiveness
14         Under certain circumstances, PPP borrowers were entitled to
15   forgiveness of their PPP obligations.        As a condition of forgiveness,
16   borrowers were required to complete a “PPP Loan Forgiveness
17   Application” on which their authorized representative represented and
18   certified that the borrower had complied with all PPP rules

19   “including the rules related to       . . . eligible uses of PPP loan

20   proceeds[]” and that “[t]he information provided in th[e forgiveness

21   application was] true and correct in all material respects.”            The

22   forgiveness application warned that ”knowingly making a false

23   statement to obtain forgiveness was a federal crime, punishable by

24   imprisonment and/or a fine.”

25   ///

26   ///

27   ///

28

                                          22
     Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 30 of 32 Page ID
                                       #:1316


1         PPP Fraud (Counts Thirty-Four and Thirty-Five)

2         In 2018, defendant caused Prime Funding, Inc. (“Prime”) to be

3    incorporated.    In January 2021, defendant caused Prime’s business

4    address to be updated to defendant’s personal residence in Van Nuys,

5    CA (“defendant’s residence”).      Prime never did any business.

6         On or about April 14, 2021, defendant submitted online to

7    JPMorgan Chase Bank (“JPMC”) a PPPL application on behalf of Prime

8    from within the Central District of California which was processed

9    using a server outside the state of California.         With the intent to
10   influence JPMC to approve Prime’s PPPL application, defendant
11   knowingly and fraudulently stated on the application that the purpose
12   of the PPPL was to cover Prime’s payroll costs for 57 employees at an
13   average monthly payroll of $314,583.       In fact, as defendant then well
14   knew, Prime did no business, had no employees or employee salaries to
15   pay, and had no monthly payroll, ever.
16        In further support of Prime’s application for a PPPL, defendant:
17              a.    caused to be fabricated, and then submitted to JPMC,
18   fraudulent Internal Revenue Service Forms 941 (quarterly payroll tax

19   returns) that purported to show that Prime had incurred and paid

20   substantial employee taxes.      Defendant then well knew that such

21   returns were fraudulent because Prime had neither employees nor paid

22   any employee taxes; and

23              b.    fabricated and then submitted to JPMC fraudulent

24   payroll reports purportedly prepared by a third-party payroll

25   processor that falsely identified wages of more than $1.5 million

26   paid to 56 Prime employees whose job titles included “customer

27   service,” “sales,” or “admin.”       Defendant then well knew that the

28

                                          23
     Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 31 of 32 Page ID
                                       #:1317


1    reports were fraudulent because, among other things, Prime had no

2    employees.   Below is a page from the fictitious payroll report:

3

4

5

6

7

8

9
10

11

12

13

14        Defendant signed the Prime PPPL application, electronically
15   transmitted it to JPMC, and certified that PPPL proceeds would solely
16   be used by Prime to retain employees or for other permissible
17   business expenses.      Defendant then well knew and intended that none
18   of the PPPL proceeds would be used for the certified purposes.

19        In reliance on defendant’s material false statements and

20   fictitious documents, JPMC approved the Prime application and funded

21   the loan of $786,457 by wire transferring the proceeds to an account

22   solely controlled by defendant.

23        On or about June 30, 2022, defendant electronically, over

24   interstate wires, submitted an application from the Central District

25   of California for forgiveness of the entire Prime PPPL.           Defendant

26   knowingly and falsely certified that Prime’s payroll costs for the

27   period covered by the Prime PPPL were more than $1.5MM, a figure that

28   defendant then well knew was entirely fraudulent because Prime had no

                                          24
     Case 2:25-cr-00458-CV   Document 301 Filed 03/17/26   Page 32 of 32 Page ID
                                       #:1318


1    employees, at all.      This false certification was capable of

2    influencing JPMC to forgives the Prime PPPL and thus part with money.

3           Transactional Money Laundering (Count Thirty)

4           On or about June 28, 2023, defendant caused co-defendant Vahe

5    Margaryan, aka William McGrayan, to wire-transfer $25,000 to a Prime

6    account at JPMC that defendant solely controlled, the source of which

7    was proceeds of an SBA-guaranteed loan in the amount of $2.83 million

8    for defendant to purchase an entity called Dynamic Delivery Install,

9    Inc.    Defendant then well knew that Dynamic Delivery Install, Inc.,
10   was a “shell” entity that did no business, that the $25,000 wire-
11   transfer involved criminally derived property, that such funds were,
12   in fact, derived from a wire fraud scheme, in violation of 18 U.S.C.
13   § 1343, and that the transfer was designed to conceal commission of
14   that wire fraud scheme.
15          Sentencing Guidelines
16          Defendant agrees that, for the purpose of establishing his
17   stipulated Sentencing Guidelines loss in paragraph 14 of this plea
18   agreement, the actual loss that defendant caused by the

19   misrepresentations and misuse of PPP funds described above was at

20   least $786,457.    The parties agree that this actual loss figure is

21   legally appropriate under USSG § 2B1.1(b)(1) et seq.

22          As described above, defendant intentionally engaged in

23   sophisticated means through the offense conduct by, among other

24   things, creating and submitting fraudulent IRS Forms 941 and

25   fraudulent payroll reports.

26

27

28

                                          25


File and source

File
301-plea-agreement-filed-by-usa-margaryan-et-al.pdf
Size
840,789 bytes
SHA-256
522038a398cab0481394dde74529a3a4717b38d26e553172da7c1392818781dd
Our copy
301-plea-agreement-filed-by-usa-margaryan-et-al.pdf
Original
PACER (login required)
Back to top