United States v. Vardges Abelyan — Preliminary Order of Forfeiture (C.D. Cal., Document 41)

Summary

A Preliminary Order of Forfeiture entered March 12, 2024 by United States District Judge Otis D. Wright in United States v. Vardges Abelyan, No. 2:23-cr-00285-ODW, in the United States District Court for the Central District of California, Western Division, filed as Document 41. Based on the defendant's plea agreement and guilty plea to Count Two of the Indictment, wire fraud under 18 U.S.C. § 1343, it forfeits the defendant's interest in real property in North Hollywood, California. The order authorizes the Attorney General to seize the property and conduct discovery, requires publication of notice for at least thirty consecutive days, and sets a thirty-day window for third-party petitions under 21 U.S.C. § 853(n). It becomes final as to the defendant at entry and is to be included in the judgment.

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     Case 2:23-cr-00285-ODW   Document 41   Filed 03/12/24   Page 1 of 4 Page ID #:336



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 8                            UNITED STATES DISTRICT COURT

 9                      FOR THE CENTRAL DISTRICT OF CALIFORNIA

10                                  WESTERN DIVISION

11    UNITED STATES OF AMERICA,                No. 2:23-cr-00285-ODW

12               Plaintiff,                    PRELIMINARY ORDER OF FORFEITURE

13                    v.

14    VARDGES ABELYAN,

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                 Defendant.
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18         Upon consideration of the application of Plaintiff United States
19    of America, for a Preliminary Order of Forfeiture pursuant to the

20    plea agreement of, and guilty plea to Count Two of the Indictment

21    entered by defendant Vardges Abelyan (“defendant”), and, good cause

22    appearing thereon, IT IS HEREBY ORDERED:

23                               I. FORFEITABLE PROPERTY
           For the reasons set out below, any right, title and interest of
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      defendant in the following described property (hereinafter, the
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      “Forfeitable Property”) is hereby forfeited to the United States.
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      The Court finds that the government has established the requisite
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      nexus between the Forfeitable Property and the offense described in
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     Case 2:23-cr-00285-ODW   Document 41   Filed 03/12/24   Page 2 of 4 Page ID #:337



 1    the Indictment, that is, wire fraud, in violation of 18 U.S.C.

 2    § 1343.   The Forfeitable Property is particularly described as:

 3         a.    The real property located at 12720 Burbank Boulevard, Unit

 4    118, North Hollywood, California 91607.

 5                                 II. IMPLEMENTATION
           IT IS FURTHER ORDERED as follows:
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           A.    Upon the entry of this Order, and pursuant to Rule
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      32.2(b)(3) of the Federal Rules of Criminal Procedure (“Rule”) and
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      21 U.S.C. § 853, the United States Attorney General (or a designee)
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      is authorized to seize the Forfeitable Property.
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           B.    Upon entry of this Order, the United States is further
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      authorized to conduct any discovery for the purpose of identifying,
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      locating, or disposing of the Forfeitable Property subject to
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      forfeiture pursuant to this Order, 21 U.S.C. § 853(m) and Rule
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      32.2(b)(3).    “Any discovery” shall include all methods of discovery
15    permitted under the Federal Rules of Civil Procedure.
16         C.    Upon entry of this Order (and at any time in the future
17    after amendment of the applicable order of forfeiture in this
18    matter), the United States Attorney General (or a designee) is
19    authorized to commence any applicable proceeding to comply with
20    statutes governing third party rights, including giving notice of

21    this and any other Order affecting specific property.             The following

22    paragraphs shall apply to any ancillary proceeding conducted in this

23    matter:

24               (1)   Pursuant to Rule 32.2(b), 21 U.S.C. § 853(n)(1) and
      Supplemental Rule G(4)(a)(iv)(C) of the Supplemental Rules for
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      Admiralty or Maritime Claims and Asset Forfeiture Actions under Title
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      XIII of the Federal Rules of Civil Procedure, the government shall
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      forthwith publish for at least thirty (30) consecutive days on an
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     Case 2:23-cr-00285-ODW   Document 41   Filed 03/12/24   Page 3 of 4 Page ID #:338



 1    official government website notice of this order and any other Order

 2    affecting the Forfeitable Property.         And to the extent practicable,

 3    the government shall send notice to any person, other than defendant,

 4    who is known to have an alleged interest in the Forfeitable Property

 5    or reasonably appears to be a potential claimant with standing to
      contest the forfeiture in the ancillary proceeding.            Any person
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      having or claiming a legal interest in the Forfeitable Property must
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      file a petition with the Court within thirty (30) days of the
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      publication of notice or receipt of actual notice, whichever is
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      earlier.
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                 (2)   Any person other than defendant asserting a legal
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      interest in the Forfeitable Property may, within thirty days of the
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      publication of notice or receipt of notice, whichever is earlier,
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      petition the court for a hearing without a jury to adjudicate the
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      validity of his alleged interest in the property, and for an
15    amendment of the order of forfeiture, pursuant to 21 U.S.C.
16    § 853(n)(2).
17               (3)   Any petition filed by a third party asserting an
18    interest in the Forfeitable Property shall be signed by the
19    petitioner under penalty of perjury and shall set forth the nature
20    and extent of the petitioner’s right, title, or interest in such

21    property, the time and circumstances of the petitioner’s acquisition

22    of the right, title or interest in the property, any additional facts

23    supporting the petitioner’s claim, and the relief sought. 21 U.S.C.

24    § 853(n)(3).
                 (4)   The United States shall have clear title to the
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      Forfeitable Property following the Court’s disposition of all third-
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      party interests or, if no petitions are filed, following the
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      expiration of the period provided in 21 U.S.C. § 853(n)(2) for the
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     Case 2:23-cr-00285-ODW   Document 41   Filed 03/12/24   Page 4 of 4 Page ID #:339



 1    filing of third-party petitions.

 2         D.    Pursuant to Rule 32.2(b)(4) and the Plea Agreement, this

 3    Preliminary Order of Forfeiture shall become final as to defendant at

 4    the time of entry and shall be made part of his sentence and included

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      Order, and to amend it as necessary, pursuant to Rule 32.2(e).
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           IT IS SO ORDERED.
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      March 12, 2024
 8    DATE                                    HONORABLE OTIS D. WRIGHT
                                              UNITED STATES DISTRICT JUDGE
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