"r34 UnBROWNE GEORGE ROSS LLP .1 Marc Nurik (State Bar No. 297951) Christopher M. Kolkey (State Bar No. 300206) ckolkey@bgrf1rm.com 2121 Avenue ofthe Stars, Suite 2800 Los Angeles, California 90067 Telephone: (310) 274-7100 Facsimile; (310) 275-5697 Attorneys for Defendants Regdalin Aviation LLC, Regdalin Properties LLC, Pillar Law Group, Artyom Art Kalantar, Elina Sargsyan, Hasmik Nerses Ananyan, Mkrtich Dishigrikyan, Lusine Dishigrikyan, 999 Private Jet LLC (specially appearing), FREQ Mia f" JUL 14 2017 . and Defendant and Cross-Complainant Edgar Sargsyan SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOSANGELES, CENTRAL DISTRICT SBK HOLDINGS USA, INC., a California corporation, Plaintiff, vs. EDGAR SARGSYAN, an individual; REGDALIN AVIATION LLC, a California limited liability company; REGDALIN PROPERTIES LLC, a California limited liability company; PILLAR LAW GROUP, a California professional law corporation; ELINA SARGSYAN, an individual; HASMICK individual; NERSES ANANYAN, an individual; LUSINE DISHIGRIKYAN, an individual; MKRTICH DISHIGRIKYAN, an individual; ARTYOM ART KALANTAR, an individual; COLLETTE an individual; HENRIK MOSESIAN an individual; COLETTE PRODUCTIONS LLC, 999 PRIVATE JET MANUK ABOYAN an individual; ADRANIK ASATRYAN, an individual; ANI ISRAELYAN ANI, an individual; KEN an individual; MARY SCHMIDT, an individual; PAUL SCHMIDT, an individual; MARC STANLEY, an individual: GRIGOR TERMENDJIAN. an 8156101 Case No. BC649108 Assigned for All Purposes to: Hon. Michael J. Raphael, Dept. 51 DECLARATION OF EDGAR SARGSYAN IN SUPPORT OF OPPOSITION TO PLAINTIFF SBK HOLDINGS USA, MOTION FOR ISSUANCE OF PRELIMINARY INJUNCTION Date: Ju1y28, 2017 Time: 9:00 am. Dept: 51 - Trial Date: None Set Action Filed: February 3, 2017 DECLARATION OF EDGAR SARGSYAN IN SUPPORT OF OPPOSITION TO MOTION FOR PRELIMINARY INIUNCTION individual and Does 24-50, Inclusive, Defendants. EDGAR SARGSYAN, aniindividual, Cross-Complainant, VS. SBK HOLDINGS USA, INC, a California oorporation, DANIEL an individual; and LEVON an individual, and DOES 1-10, Cross-Defendants. 815610.] DECLARATION OF EDGAR SARGSYAN I SUPPOR OF OPPOSITION TO MOTION FOR ISSUANCE OF PRELIMINARY INJUNCTION DECLARATION OF EDGAR SARGSYAN I, EdgarSargsyan, declare as follows: 1. I am a party in the above-entitled action. I have ?rsthand, personal knowledge of - the facts set forth below and if called as a witness could competently testify thereto. Employment at SBK Holdings USA, Inc. 2. In or around March 2014, I began to serve as the President of plaintiff SBK Holdings Holdings?). In May of 2016 I was noti?ed by two independent sources that Levon was being investigated by Homeland Security Investigations for money laundering, tax evasion, and stolen petroleum. The ?rst source was Levon pilot, known as ?Nick Steele,? who was interviewed by HSI agents. The second source was Anna Avagyan,? Levon personal secretary, who was interviewed by HSI task force agents. Both Nick Steele and Anna Avagyan contacted me after being interviewed by federal agents. . I 7 i 3. Levon questionable and secretive business practices within SBK Holdings, coupled with my concerns of not having access to the ?nancials of the company that I was the President of, caused me to resign as President of SBK Holdings in or around June 2016. 4. - All ?nancial data, including access to all bank accounts, was kept from me by Levon Attached hereto as Exhibit A are true and correct copiesof the bank signature card for SBK Holdings. 5. As part of my compensation as President, I was to receive 20 percent of SBK Holdings? gross pro?ts per my agreement 'with Levon the owner of SBK Holdings. This was in addition to,my salary. Though I was paid'some money from SBK Holdings towards the 20 percent of SBK Holdings? gross pro?ts I was owed, it was signi?cantly less than the 20 percent of the gross pro?ts I was owed. I moreover never received my salary from SBK, Holdings. 1?6. The $23,678,120 that SBK Holdings contends belong to it was not stolen or otherwise misappropriated by me from SBK Holdings. It was provided to me either as compensation from SBK Holdings? gross pro?ts or as a loan for investment purposes. 815610.] -3- DECLARATION OF EDGAR SARGSYAN IN SUPPORT OF OPPOSITION TO PLAINTIFF ?8 MOTION FOR ISSUANCE OF PRELIMINARY INJUNCTION have ajoint bank account with my wife, Elina Sargsyan, and Pillar Law Group has only issued one check for $14,000 to Elina Sargsyan since this lawsuit was ?led in February 2017. That check was a partial refund of a $23,000 loan Elina Sargsyan gave to Pillar Law Group on February 24, 2017. i The Real Pr0perties 8. Only two of the 14 properties were purchased and/or ?nanced by SBK Holdings, which were subsequently transferred (with Levon consent) to Regdalin Properties, LLC as a part of my compensation at SBK Holdings in addition to wages earned. Those two properties are: (1) 14027 Margate St., Sherman Oaks, CA 91401 (the ?Margate Property?) and (2) 6507 Teesdale Ave., North Hollywood, CA 91606 (the ?Teesdale Property?). There was never an agreement these two properties would be returned back to SBK Holdings. Neither the Margate Property nor Teesdale PrOperty have been sold. . 9. The only property Regdalin PrOperties, LLC has Sold is a property located at 4501 Melrose Avenue, Los Angeles, CA 90029 (the ?Melrose PrOperty?), which is a gas station. This property was sold because Levon the Chief Financial Of?cer, director, and owner of SBK Holdings, stOpped delivering gas to this business from Speedy Fuel, Inc., which is controlled by Levon The Melrose Property was sold at a pro?t to Regdalin Properties, LLC of hundreds of thousands of dollars. 1 10. Regdalin Properties, funds for the purchase of the property located at 15322 Hart Street, Van Nuys, CA 91406 (the ?Hart Property?) went into escrow in October 2016, and the deal closed in March 2017. The Hart Property is currently valued at $1.5 million. Attached hereto as ExhibitiB is a true and correct copy of an investment offering memorandum by Titus Realty, Inc. valuing the Hart Property at $1.5 million; 1 1. The property located at 160 East Alondra Street, Gardena, California 90248 was purchased by Regdalin Properties, LLC in May 2017, and has not been encumbered. 142. The property located at 325 North Oakhurst Drive, Beverly Hills, CA 90210 (the ?Oakhurst Property?) is no longer listed for sale and has not been sold. The listing was cancelled on July 29,2017 because I could not sell the Oakhurst Property for the asking price. Attached 8156101 DECLARATION OF EDGAR SARGSYAN IN SUPPORT OF OPPOSITION TO MOTION FOR ISSUANCE OF PRELIMINARY INJUNCTION hereto as Exhibit is a true and correct copy'of the Cancellation of the Listing for the Oakhurst Property. I The 13. On November 5, 2015, I purchased a 1997 GIVSP (Registration Number N580KF) from Steele Aviation'Group, LLC, which was ultimately registered in my company Regdalin Aviation, name. Attached hereto as Exhibit are true and correct copies of the purchase agreement, bill of sale, registration application, and registration for the above-referenced aircraft. 5 14. The purchase price of the aircraft was $6,227,250. Payment for the aircraft was done in the following manner through Insured Aircraft Title Services, Inc. as the escrow company: Pillar Law Group, by the instruction of Regdalin Aviation, LLC, wired $1,000,000 into Insured Aircraft Title Services, Inc. from the Pillar Law Group?s trust account, and SBK Holdings USA, Inc. provided a loan in the amount of $5,227,250 for the remaining balance ofthe purchase price ofthe 1997 GIVSP 15. The $1,000,000 payment from the Pillar Law Group account was funded by Regdalin Aviation LLC through a transfer of $800,000 on November 4, 2015 and a transfer of $500,000 on November 5, 2015. As ofNovember 5, 2015, Regdalin Aviation,-LLC had a total of $1,300,000 ofits funds in Pillar Law Group?s trust account. 16. The loan from SBVK Holdings USA, Inc. to finance the airCraft was subsequently repaid by Regdalin Aviation, LLC on March 3, 2016 in the amount of principal-0f $5,227,500. Attached hereto?as Exhibit is a true and correct copy of the cashier?s check from Pillar Law Group?s trust account to SBK Holdings USA, Inc. in the amount of $5,227,500, which was deposited into SBK Holdings Bank of America account. I 17. Regdalin Aviation, ownership ofthe 1997 GIVSP was previously recognized by the Los Angeles Superior Court 'by virtue of an Order for Writ of Poss?essionon October 16,2016 against another party, holding that Regdalin Aviation, LLC established the validity of its claim to possession of the above-referenced aircraft. Attached hereto as Exhibit is a? true and correct copy of this Order for Writ of Possession. 8156101 DECLARATION OF EDGAR SARGSYAN IN SUPPORT OF OPPOSITION TO PLAINTIFF ?8 MOTION FOR ISSUANCE OF PRELIMINARY .\o_oo_~qc\ 18. In May 2017, the 19.97 GIVSP was sold to 999 Private Jet, LLC to complete the re?nancing process. My wife and I are owners of 999 Private Jet, LLC and Regdalin Aviation, LLC. 19. I have no intention of selling the and it is not listed for sale. intend to commercialize the as a charter jet. For this reason, the has undergone an interior re?t, Which was required by a management company prior to it being chartered so that the could better serve its clientele. I do not have the option of selling the . because SBK Holdings has stolen the log books, and the cannot be sold without them. i 20. At no time has SBK Holdings USA, Inc. ever owned or had the right to possession of the above-referenced aircraft. Levon Criminal Activity 21. Levon is currently the Chief Financial Of?cer Holdings and has always been the director and owner of SBK Holdings. At all times, Levon directed SBK 'Holdings? activities in my capacity as President, including with respect to all payments and transfers of money. When I was President of SBK Holdings, no one except Levon and George was permitted to process teller transactions, such as withdrawals, wires, and even the deposit of checks; there would in fact be an alert if anyone other than Levon and George attempted to access SBK Holdings" accounts. The alert was placed on the account by Tayo Okusanya, Vice President/Senior Relationship Manager of Bank of America Commercial Banking. . 22. I did not prepare?any of Plaintiff?s loan documentation. Rather, Lei/on would have loan documentation prepared for SBK Holdings and direct me to sign it. 23. In May?20l6, I learned that federal law enforcement was investigating Levon and his possible criminal activity, particularly any schemes of his to launder money using various corporations owned and/or controlled byhim or his family members. 8156l0.l -6- DECLARATION OF EDGAR SARGSYAN IN SUPPORT OF OPPOSITION TO PLAINTIFFS MOTION FOR ISSUANCE OF PRELIMINARY INJUNCTION ?information and belief, I have leamed from conversations with law enforcement that Levon is the head of a criminal organization, and is the person referred to as ?,co-conspirator. 1? in FBI Special Agent Brian Adkins? af?davit. Attached hereto as Exhibit is . a true and correCt copy of this affidavit ?led in the case United States of America v. Felix 'Cisneros, Case No. 17MJ00620. Daniel Mchre . 25. Daniel McIJyre (?Mchre?) was never an of?cer, director, or employee of SBK Holdings until January 13, 2017. To my knowledge, until October of 2016, Mchre was not involved in any capacity with SBK Holdings. I A I 26. Mchre is not aware of or otherwise familiar with my day-to-day operations as President of SBK Holdings because I never interacted with him as President Holdings. 27. 1 I never communicated with concerning the wires of money to and from SBK Holdings. Nor did I communicate with Mchre the purpose of any such wire transfers. 1. never communicated with Mchre concerning loans I obtained from SBK Holdings. I never communicated with Mchre concerning Regdalin Properties LLC, Regdalin Aviation LLC, or the 1997 GIVSP (Registration Number N580KF). 28. To my knowledge Mchre was and still is the President of Viscon International, Inc., a Nevada corporation owned by Levon 29. As alleged in the Cross-Complaint, Mchre has made misrepresentations to Huntington Bank, the Federal Aviation Administration,andl my broker and accountant concerning the SBK Holdings?_ purported ownership of the 1997 GIVSP 30. Mchre?s false statements to the bank and AA caused considerable damage to my reputation and signi?cant ?nancial loss. I filed a defamation cross claim against Mchre for making such false statements. . A '1 Nick Steele 31. Nick Steele (also known as ?Nicolas Steele?) submitted a declaration to the Court in support of SBK Holdings?. motion for preliminary injunction wherein he made numerous misrepresentations of fact. 3156101 1 -7- DECLARATION OF EDGAR SARGSYAN IN SUPPORT OF OPPOSITION TO PLAINTIFF ?8 MOTION FOR ISSUANCE OF PRELIMINARY INIUNCTION 1 32. The individual identifying himself as ?Nick Steele? in the declaration is a-convicted 2 felon and a very well-known fraudster in the aviation industry. 9 3 33. Nick Steele currently has two lawsuits pending against him for fraud and 4 misrepresentation. 5 34. On information and belief, ?Nick Steele? is an alias of this individual to avoid 6 detection by US. immigration authorities. 7 Possible Harm If Injunction Were Granted 8 35. If an injunction were granted my business Regdalin Properties, LLC and I would 9 suffer signi?cant, irreparable ?nancial harm.? lf 1 were unable to sell, re?nance, or obtain lines of 10 credit for purchasing other real estate projects?the very nature of Regdalin Properties, 11 business-ml would be unable to conduct my day-to-day business. In less than 30 days, I would 12 lose the majority of Regdalin Properties, assets, which?are presently worth approximately 13 $29I7n?lhon. 14 36. In addition, if an injunction were granted, 1 would be unable to obtain construction 15 loans to complete the planned improvements to some properties, which would result in a major 16 ?nancial loss to my business. For example, the I-Iart Property is under construction and has been 17 encumbered for the purposes of obtaining funding to complete construction. It is presently worth 18 approximately $1.5 million, would be worth approximately $6 million after construction, and, if 19 sold, would result in a minimum pro?t of approximately $2.5 million. Another property, located 20 at 11824 Ellice St., Malibu, CA 90265 (the ?Ellice PrOperty?), is also listed for sale at a pro?t to 21 Regdalin Properties, LLC. As an alternative to selling it, I may?obtain a loan to build an 18,000 22 square foot house, which would generate an estimated $8,000,000 to $10,000,000 pro?t upon sale. 23 In total, the Hart Property and Ellice Property would likely generate a pro?t of approximately 24 $12.5 million over the next year if an injunction were not granted. 25 37. Finally, if an'injunction were granted, my ability to obtain properties and conduct 26 future business would be irreparably harmed, particularly because my business credit and business 33?3 27 relationships would be signi?cantly and irreparably damaged. 28 Ml 8156101 -8- DECLARATION OF EDGAR SARGSYAN IN SUPPORT OF OPPOSITION TO MOTION FOR ISSUANCE OF PRELIMINARY INJUNCTION .1 Executed this l_2day ofJuly 2017, at Beverly Hills, California. 2 I declare under penalty of perjury under the laws of the State of California that the 3 foregoing is true and correctEdgar Sargsyan -26 "733: 27 28 . . 8l5610.l - . DECLARATION OF EDGAR SARGSYAN IN SUPPORT OP OPPOSITION TO MOTION FOR ISSUANCE OF PRELIMINARY EXHIBIT A SARGSYAN EXHIBIT A wv?o ?wJ'u' 9% w. Prov? ?an 'viL-I' ""14 Deposit Account Documentation Signature Card 'nankornmericaJ?? 'Merrill nch' ole: Please enable Macros . Bel??lg?az I New Amountm?_ r- I Acoorrnr (u now om moan? imam? a u. oacnurznno'u LEGAL NAME (huar'march lanai name Inotmmn In company forth-Eton documents) . 3m HOLDINQ USA . a a cum-.- . - - t'ooacnr?ri'ri?i?couu'r me or opplloohte. a.q. opening Amount, Rent Amount. olo mnn?m?nmn??r 'egot anrthErhT" Imamw i .. - _Addross ForStotern?erdgu S~r - .. .. I 3W. "New?: Wino-:32 FORMATION jvou may no ground; 9919than or oomgmy or tum-radon CA .ergoa?mweaargeawOnoi: . '9 Corporation - oua?u?u _rl .- - (WW: 3 "Tl?ore: Pmny??m?tgo?u??h? be by agreed-to owner and grant mnemonic: and?gro-g?rfi?nio?nti?t supplement: TAX CLASSIFICATION Employer tdonti?outton Numberor: Emma-r. . I moron . . . . Easel name of the owner of the E.I.N or 88" tinted Ibovarl 33? INC to qrmitla?pnaJ" cm . .. . LLC To: enumeration (ONLY tor Umruo company):! numerator: . and .. 9a.: boon or a daporli Minimums ooh?u? giving m?t??nnatton about nurbu?ma and Fy signing this Agrmoro'fho'dnpoait amount we 9er you to art of your aoroorrtont with us raga tnu 0 your oomunt and tolls you a cummt team coming our ?count. We mly dunno aoraormnt at any limo and tntorrn you of dramas that attract your I no I'll obligations. By signing bdow. you no odoo racoqrr at tho dupoott monument. he donoatt sot-comm mtrdoo a orovioton for . By trotting beiow. you whom each penon who nu signed in the Designated Amount Srgnor section below to operau any account oponod under this I name card now or In the ?xture. The authority to nperrna on to sign choirs other [term and to arm us other trust Inn oy electronic signature. otectonto record ?other o?ectronlc form. to withdraw harm: to undone ano deposit canon am 0th item- 10 or Warning to you to ma amount: md. to transact ulhw humus. lmiuding by etawonlc signature. eiodroniu mom! or other oinotronto form. relattnn tn the arnotrt otoahg tho account. If you wan to room a designated at run ornhortty to most signing you must that by check mo ooxto tho loft ct thou nnrno. We my my on this authorization tr: any amount opened unoort signature card untl we routine written now revolting tho run :n?m o: the ot?too when: no mahtatn tho mum. and un- two a rouonoblo time to sot an out?t not . By signing how. you cortly undor pan- of on my [hit 11 um ornptoyor Idon??clttoo number or lotto! security nun-Mr thtod show tor thin colonization to concur: 1) that tho aluminum tlun above to unitod lull-?aunt tumor! How}: no a) mo Enlutton and above to not got: out to rckup withholding honour; to} tho omntudon to 0 than hook-up or holding. or tr) It" not boon ?out! by tho inlormt anonuo Samoa the that to whine: no book up vr no a mutto't fl 1m to Mort all lntorwt or undo. or tot tho nott?od the mutation that It no too or ?bind to hookup withholdtn .4) the FATCA oodoto) rum! comm-21mm that mo mutton "th ottow to "mot from FMCA "porting. Ind tho Am code it correctICrou out tom 1 ohm it tho annotation tutor] ova is not poroon and follow an Instruottonn in the paragraph [Cm- out thorn 3 time country ?hint to backup tor tollun to noon tut-root or . If the or l?oteu above to a foreign until? use the :5th From on for additional plane so: IRS Pub 515 thhtuininy oi Tu on \to'r- Hooldont A tore or Foreign Entities). the term ?Un rad Staten portion' mom: a cit or resident at tho Jnrtoo Stotoo porinoroh?p com or in tin: Unihod Slam or Uru low of tho United Stoteo or of any Burto. a oorporntron orootod or oruanhnd In the United State! or undol the law at tho Urrmd Status or at ?an Statoorm nonmeorfo nlruut a ow. argon on on agrees nnr?uthorhalbn. For Puhtlc Ponds only Ag person signing this Mm! tor the Organ innocentm that may are duly autnartmd to on so as widower: by armored bankinn mootrrtiomtm on: fng?qa?? . . - 331119516? n_ot ulro our consortium ?ogging thoa?lT-ickgp withholding. gnar rand-Ezra: I I I [3318' moraoars ("ca: J?vmrr?mf Authorized Eisner SignaturePrint Naomi I SIGNERB Q?.?.?992m3t?9' graham mama! it 53.. amino? More?) Solocttl norcon ot- A Lwonrauanzmnu . . .. -. .. .. iv- . . 05-35-2563N83W H5 Pogo oft Bunk ot Amen" - can-a BantrdAmor-oacmorntow .. .. .I BOA000582 Merrill Bankof America? - Deposit Account Documentation - SI nature Card 315035581257 ?chain NEQRML j? .-.-.- . . Selectman: Newman I: UpdmaAddIDolatBISlgm I ORGANIZATION LEGAL MAME (?mm Inge! rum. In Why founded W) 88K USA, Inc. I 1508.RodooDIm City: I mew-Hus laws: I CA I Powwow 90212 STATEOFFORMATION CA 5- . i114 ?Mn WW Um Company: - . Money?! Managed massaged E1 Soemmw '3 ?mama? 0mm ?mm? Genu'al JoInth Limited Unbll Pawnhl Govmmam I (Type: I Limlud Pmahip Other Nob: announcement!? Mom-45d 1' .F mum 1-) H11 siennaLegal mm or the o! m- we Mud above: 38me USAilno IDIneavsP ECCorpE-Ecw Umwem?oumr. ONLonr Umnedmbu Corn my Doom: Home? mam uxmum..m. us ~11me m' m5 dlnambonm: I m: Name: LEVON ceo I szL4/A/74/ - mums. mmaoummn . 1 . Print Name: Dam! gal/1?. - W?waeer "'ijin'a -. . I"noodod'1bhdd' argue rouuvf?m"m?i- -- - . WI MPH. . . g: LEVON cso LL osoaae AUTH SIGNER .CL 06-14-2015 H3 (SF) ?1 0H - Bank of America - Con?dential omnnumoupem .vvr? I. ?ts-ti Pr.) buri- v-?l 19-May-2014 10:34 AM Bank oi America 8185052117 7/32 Bank ofAmerica?)? BANK OF AMERICA. NA. (THE Account Number: 3250 0049 5662 . Account Type: DDA SAV Account Title: sax HOLDINGS Business Signature Card with Substitute Form Wail Bonk Number: 318 DCD Legal Designation: Individualism: Proprietor Trust/Estate Unincorporated Association Corporation Corporation Partnership (Enter the type General. LP, or Limited Liability Company (Enter in Corpomrlon,s=5 Corporation. or M=5iogte Member.Sote Proprietor) Other (De?ned In instructions) Social Security Number (or) Employer identi?cationNumber 464490464 By signing below1 ilwe acknowledge and agree that this account is and will be governed by the terms and conditions set faith in the account opening documents for mylour account as they are amended from time to time. The account opening documents include the Deposit Agreement and Disclosures and the Business Schedule of Fees. Funhennom. Uwe acknowledge the receipt of these documents. By signing below, l/wc acknowledge and agree that the signetureic) will carve as veri?cation for any transactions in connection with this account, and as the certi?cation (set forth below) of the taxpayer identi?cation number (TIN) to which It'wc want intercsr reported. The Deposit Agreement includes a provision for eitcmative dispute resolution. Substitute Form Certi?cation - Under penalties of perjury, i certify that: (I) The number shown on this ferm is the correct taxpayer identi?cation number (or i am waiting for a number to be issued to me). and i am not subject to backup withholding because: (A) i am exempt From backup withholding, or (B) have not been noti?ed by the internal Revenue Service that I am subject to backup withholding as a result of a failure to report all interest or dividends. or (C) The has noti?ed the that] am no longer subject to backup withholding. and (3) lam a US citizen or other US person (De?ned in the W-9 instructions)- Certi?cation You must cross out item 2 above if you have been noti?ed by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends?on your tax return. For real estate transactions. item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property. cancellation of debt, contributions to an individual retirement arrangement (1M), and generally. payments other than interest and dividends. you are not required to sign the certi?cntion, but you must provide your (Please refer to the IRS instructions for Form W-9). Exempt Payee (check if applicable) . . The internal Revenue Service does not require your-consent to any provision at this document other than the certifications required to avoid backup withholding. Nonresident Alien Status (ifappiicable) if'thc bene?cial owner oi?thia account is a foreign person, cheek here. ard complete and sign the applicable Form(s) W-8. Name (typed or printed) Title (if applicable) I LEVON I PRESIDENT I 2 GEORGE SIGNER 1 4 5 @1012 Bunk oMmctico. NA. All Rights NCA 00-i4-9291M 02-20? BOA000173 19-May-20l4 10:34 AM Bank of America 8185052117 8132 Account Number: 3250 0059 5662 Signature Card Addendum on File ATMIDeposit/Debit Card Request Provided that the account referenced alarm is eligible to receive automated teller machine curds andlor Debit Cards, 1 (as authorized by the resolutions and/or court documents andlor other agreements which authorize this account) hereby request the issuance of such cards to any or the authorized signers on this account. Authorintnur Title Review information Customer]: Name LEVON ID Tync225'0river LivenseWIPhum me: lD issuer: Washington - us. Dale: ggnon Exp. Date: osnotL No Photo [03: 2102 10 Issuer: BOFA CH CARD iss. Dutcmm_ Exp. Date: MEL Customer 2: Name, GEORGE ID Type: US Driver License ill/Photo [13:11 23343245 lD issuer. . les. Dntc: Exp. Date: glam?s lD Type?on Photo 6122 issuer: SOFA CH CARD [55. Data: MA Exp. Dale: Customer 3: Name lD Type: DH: 11) Issuer: [33. Date: - Exp. Date: ID Type: - . 1D Issuer: I [53. Date: Earp. Date: Customer 4: Name Type: lD?: Issuer: . [55. Date: Exp. Date: ID Type: met: to issuer. Iss. Dale: Btp. Date: CuatOmer 5: Name ID Type: [th lD Issuer: lss. Date: Exp. Date: ID Type: me: It) Issuer. tss. Date: Exp. Date: Bank Information Date estimate Banking Center Name LAUREL CANVON-MAGNOUA ?wLa' "ml Msuclate': Name Sum Balm wt Associate?r Phone Nu rob er 818-505-2192 Non . lr'r' - "ul BOA000174 . EXHIBIT . SARGSYAN. EXHIBIT Titus Realty, Inc. nun?n [Irvw an; Vat-nub. INVESTMENT OFFERING MEMORANDUM 15322 HART STREET . VAN NUYS, CA 91406 . PRESENTED BY: ?1 43;; NICK ANANYAN 818?786?5511 llPage - 6 Titus Realty, inc. Commercial Real Estate CONFIDENTIALITY DISCLOSURE AGREEMENT 3 EXECUTIVE SUMMARY 4 INVESTMENT HIGHLIGHTS - 5 BUILDING INFORMATION . I 6 PROPERTY MAP 7 AERIAL GOOGLE MAP I 8 BUSINESS GEOGRAPHICAL I 9 ASSESSOR MAP 10 RENTAL NUMBERS i 11 FINANCIAL SUMMARY I 12- FLOOR PLAN '14 2 ABOUT TITUS TREALTY, INC. 16 . A 17 L, _2 .Pag? A Titus Realty, Inc. Commercial Real Estate CONFIDENTIALITY DISCLOSURE AGREEMENT This Offering Memorandum contains select information pertaining to the business and affairs of 1059 ELM AVE, GLENDALE, CA 91201. This Memorandum was prepared by Broker based on information supplied by Owner and Broker. It contains selected information about the Property and the real estate market, but does not contain all the information necessary to evaluate the acquisition of the Property. The ?nancial projections contained herein (or in any other Con?dential Information) are for general reference. only. The projections are based on assumptions relating to the general economy and local competition, among other factors. Accordingly, actual results may vary materially from such projections. Various documents have been summarized herein to facilitate your review; these summaries are not intended to be a comprehensive statement of the terms or legal analysis of such documents. The information contained in this Offering Memorandum is con?dential and furnished solely for the purpose of a review by a prospective purchaser of the Property. It is not to be used for any other purpose or made available to any other person without the written consent of Seller or Titus Realty, lnc.. The material is based in part upon information supplied by the Seller and in part upon ?nancial information obtained from sources it deems reliable. Owner, nor their of?cers, employees, or agents makes any representation or warranty, express or implied, as to the accuracy or completeness or this Offering Memorandum or any of its contents and no legal liability is assumed or shall be implied? with respect thereto. While' the information contained in the Memorandum and any other Con?dential Information is believed to be reliable, neither Broker nor Owner guarantees its accuracy or completeness. Due to the foregoing and since the Property will be sold on an ?As Is, Where Is" basis, a prospective purchaser must make its own independent investigations, projections, .and conclusions regarding the acquisition of the Property without reliance on this Memorandum or any other Con?dential Information. Although additional Con?dential Information which may include engineering, environmental or other reports may be provided to quali?ed parties as marketing proceeds, prospective purchasers should seek advice from their own attorneys, japcountants, engineers, environmental and other -experts. luv-?- :B?y acknowledging your receipt of this Offering ?Memorandum from Titus Realty, Inc, you agree: citi)The Offering Memorandum and its contents are :Ez'pn?dential; 2) You will hold it and treat it in the strictest of con?dence;and 3) You will not, directly or indirectly, disclose or permit anyone else to disclose this Offering Memorandum or its contents in any fashion or manner detrimental to the interest of the Seller. Owner and Titus Realty, Inc. expressly reserve the right, at their sole discretion, to reject any and all expressions of interest or offers to purchase the Property and to terminate discussions with any person or entity reviewing this Offering Memorandum or making an offer to purchase the Property unless and until a written agreement for the purchase and sale of the Property has been fully executed and?delivered. A prospective purchasers sole and exclusive rights with respect to this prospective transaction, the Property, or information provided herein or in connection with the sale of the Property shall be limited to those expressly provided ?in an executed Purchase Agreement and shall be subject to the terms thereof. In no event shall a prospective purchaser have any other claims against Seller or Titus Realty, Inc. or any of their af?liates or any of their respective of?cers, Directors, shareholders, owners, employees, or agents for any damages, liability, orcauses of action relating to this solicitation process or the marketing or sale of the Property. This Offering Memorandum shall not be deemed to represent the state of affairs of the Property or constitute an indicatiOn that there has been no change in the state of affairs of the Property since the date this Offering Memorandum. Titus Realty, Inc has a policy of proactive broker cooperation with the investment brokerage community. A cooperating broker fee of the sales price shall be paid at closing to cooperating broker that procures and represents the buyer that acquires this property. Cooperation does not include brokers that represent themselves as Principals 0r broker?s whose member of his immediate family is participating in the purchase 'of the property. No broker will be recognized on a prospect that has previously contacted or been contacted by the Seller or the Seller's representatives. ALL PROPERTY SHOWINGS ARE BY APPOINTMENT ONLY. PLEASE CONSULT TITUS REALTY, AGENT FOR MORE DETAILS. 3 Page 6 Titus Realty: lite Commercial Real. Estate EXECUTIVE SUMMARY Property Address: 15322 HART STREET VAN NUYSTCA 91406 Property Description: This is a 11?Unit?4 Story apartment building Project in Van Nuys Purchase Price: $1,400,000 (includes current value of project) Total Living Square Footage: 12,600 Sq. Ft. Multiple Units I Total Lot Square Footage: 7,000 Sq. I Ft. - APN: . 2234-024-001 Zoning: R3-1 Year Built: . Under Construction Scheduled Gross Income: Market 390,000.00 Net Operating Income: 280,800.00 . INVESTMENT HIGHLIGHTS This is a- 11-Unit four storyApartments-building over single level of subterranean parking garage in Van Nuys ready to be built. Seller has permits ready (RTI issued) to continue; with the project of building up to 13000 living square feet. Look at thexfinancial summary to realize a projected gain Once the prOject is completed and units are occupied by tenants. The mix of the units includes: 8? 3Bed and 3- ZBed. Condominiums with an average? souare footage of 1150 per unit (see individual square footage per unit on the picture below. . - . 4 - "lrnl pp. 9&8-?my. . ~?2wl . . mm. Commercial Real Estate BUILDING INFORMATION iEwaL TRACY ?0242 70 FT. OF LOT 1 APARTMENT UNIT AW 2254-0224?03: mas-x0. :02 as: 232 203 36-: 302 503. 40: 432 4.53 are. mm. am AREA 13,600 5,9. SEDROCMS ?aswm ma 13.2:35 (pg-gummy :3 1:12; (52 amnunms: - . use mm .925 . . . . :35; 3,3431%. 1 OF CONEJTRIJGTIGN V-M I (WLLY - menace . - - use 3.!50 80-3- - -- I35 3349M5.150 me 995 :35 mmremmw ?2,565 MAXWUM z. 45? momma mums mm a 45: OPEN SPACE: TOTAL (I H50 [.8110 Yak? COMMSN OPEN WAGE I .0530 ai. DENJI I PROPOSED mow [James 1.500 n. ALLOWABLE Nmaazsa OF was a 7.030 i am a 25.75 a 3-3?250? e?'aerr?r isms: w? 8 43.5%} 2.3 3 REQUIRED PARKING: (OPTION Tm: parking apnea far 63:2?) Two :er Um: E: i NUMBER OF ?33 non mat-Ham: umtsFauna-mm 2 km meme unitfw . Fl OOR AREA. - 3 PROPOSED PARKING: - ?m?wiamn - . TOTAL FLOOR ASEEA r? 3. 5: 4205; a ?9.3309 arm6 Page Titus Rea :33 has. Commercial Real Estate PROPERTY MAP I 5 Hart St. I Hare-St 3 fr? Tm'? .794 '3 Enadia\ 3 ,3 . 9 (guns: . 1? ?i Vases: 3. ?rim . Mar669wa Ha?hngi 5 3 . . Va?ey Presbyterian Naards 200 Eards venm - . :3 20:6 Micromf: Cmpomian 4: 20:5 HERE DW 9 2m Mama we Ha?z I I 'S1wu?YJ-f - malivfa?i *?5?3974: a ?9941* -. 5 m?mrmumo moi 5 55'_ new-mew ?1 :1 - E. Mn . (Mar-want . ha Jar-?90: i I magumm 14.2w (?vs-old: ate-hm.313 3 ?as5mm noin! its!? E?r?xtk Main: Mlu? - MAI-N i? .. 0 3 mauncm . . swam 3? 3' summongun?nal"; 3 ?hila- .: i 3 5-, ma Mal-?3 5r a I a 1; hum; 53.4 '1 i a . :wmwn?e - rw?'t 53 - -w:ha;3, Mandi! I . a -. twaww? unawy mm? ?Ar-Maniacaunt. mm?; . #56wa! mfgukn' a. 'i'mcwm?': . . hww?i?. WWMS: 3 3 ?3 i (hunhi Wm. w?wkrcimlu?a- 3 m: 3 5' Art-we?d aha-mi): Lduum anfd 5; . 5: ~m-I "'le er'. mm] Pm}! 533? Hui. a'ml I 7 Page W113 W: Commercial Real Estate raw-uh; :er 9? "at, A 9? Mmfga ?faigwsif an,? 3.3.2 .. ESE i #154;wa ?4 A i593? A gjw?x ?Vu? ?$5524: . . {pa 2'??23 In it ?big, ?w ?5 3?ng :Ei?l?f?mg "'?mmwmuf?n-knit . -: .1 F?vd' a? . 1.4. 5.3. ?I?kwl A un?t-t: ?nr A A v; arc-a; .. my". 1 i I -'1:m1h I I a. ma: ., hx315'?? sum-n .w L. anHemwuwmwan-nu?aimsmay? 6 13m Rem i? Commercial Real Estate 3:1 @4 war? ma rm- 3 mun- I 3? .. I {a Saarw?g 1. 3011?? Hm? W: Ha?9m?xnxt?v Brawn-amour 2" I If} .- mi ?33.9. wt WRW 8 ?Warm 5mm may {haarz'S'L 52$ 54:19 . - M?w .ua El ??ajm?xa 5M3 ?oxadhlgi?h c.3- Wuhan? Min-M13 9 age 6 Tang Reaiiy, inc? Commercial Real Estate? MAP 2234 24 - . ?0520 law's: A A 710130205 SCALE loo' 4 I . . . 75062603? jTL?g I ?owner. aaoscmw- a; ammonia? 0-: SEPULVEDA . BLVD . Inc 109.12,3: :3 In.- 10.9.9.9 ?0 0 la :9 .leg QGQQ) (a . ., 0., ?"50 -- - -- 3% 25.2:3-5359" 151d 5.0- ousw. PEACH I 1i A CONDOMINIUM 5 3_4280_ msgosr-as-zs coo: . - )6 ni' ?re-hi hv?. ?Wm! M. Hwy hair-@- 10 a gt: Commercial "Real Estate Buy Rent Sell Mortgages Agent?nder Advice Home destgn More ,mwowmnw Signlnorjom 0 91406 0 FOR RENT ANY PRICE 0+ BEDS 7 MORE SAVED (0) Zillow "q?rrw? #7 Aq?marir - )1 I 3-: ?want .. . 1 If?. 3 a 7 r? it 1?9- i _2 units 4MapSunny 9? . - may 51 .112 - when 3215K. 3 r. "a I. "11" 5. . VH1 i twist WW1. Wuodiey Aw I 6 . 91?? ?.5133 . 0 . 52 on 14 units 3 g. 33.11: .35. A 1 :4 I ?EmuVmen S: . . Vanowen i 51'231;? . - MW 1 M. 1.16:: .45gm?. - - . .. 9 ?rant.? "3 .421 . ft a! . a 53.? .53-Vidal? ?ivd . . Wm. 51.43 1x? m?m?r i. :54? .. i in Mln?rxm bk x: ?Jr: Omani! .. MS: - -.: i 0mm5.: arm: 1 r? 5.. 1 . gig?guy . um 'Av: IE i i 1? f. aux-bani: and 5w I . Somali: aw I {33' 'l "m Seamus-5.1 Barn ammo""ml 11 lPage 0 Tim?s Rwall?y?i hm? Commercial Real Estate FINANCIAL SUMMARY Estimated Project Costs SF Cost SF Land or initial acquisition cost 7000 $200.00 $1,400,000 Total Acquisition Price $1,400,000 Construction Cost Hard Costs 14025 $120.00 $1,683,000 Soft costs $149,669 Parking Structure 3700 $100.00 $370,000 Shoring Grading $35,000 General Contractor (Construction $335,650 Total Construction Cost $2,237,669 Soft Costs Calculations SF Cost/SF Plan Check and City Fees 14025 . $1.50 $21,038 School District Permit fees 14025 $5.25 $73,631 Architectural and Engineering (5 unit) $5,000.00 $55,000.00 Total Soft Costs 1 $149,669 Other Costs Project Length Months) 24 Construction Loan Total Payments $358,027 . Subtotal Other Costs $358,027 Total Project Cost (TPC) $4,145,365 1?11 12 a 6 Titus Reatty, hit}; NANCIALSUMMA RY(contInuedl Commercial Real Estate Stabilized Income Projected Annual GrossFInCOme - 13000 I $2.50 $390,000 Vacancy . $11,700 Effective Gross Income $378,300 Operating Expenses $97,500 Net Operating Income $280,800 Cap Rate on TPC 6.77%; on TPC 10.63 Profit ?Calculation Future Project Value (Gross Rent GRM) $6,240,000 Gross Profit $2,094,636 Total Return on Investment . 50.53% '13' Pa'ge \Commercial Real Estate .FLOOR PLAN ?5 4-. i? CV3 G.) E: ILWI mm IL..-J [1.01m m. "ham! .359 FLOOR PLAN 14 .P a SCALE I15"l' Cf 5E I a, a- SCALE 3 WM) FLOOR PLAN - 2 m4 . ??Pnl ?mil man. 43w i??ia 356' 1 BEDROOM 50-3' i FLOOR PLAN .3 '55 UNIT 203 756 20 10? r-5' 3 7'4 - ?mar. Commercial Real Estate 6 Titus Realty, lac. Commercial Real Estate ABOUT TITUS REALTY, INC. Titus Realty, Inc. is a commercial and residential real estate company serving Los Angeles Area since 2000. The firm has paved its way in the local market by building strong, successful relationships through local investors, business developers, and leading businesses. Titus Realty has brokered over, $500 million in commercial and residential real estate transaction since 2000. Respected throughout 'the industry for our experience and knowledge of the niche residential, residential income and commercial markets, Titus Realty Inc. is dedicated .to meeting and' exceeding all of your real estate needs. Having brokerage, investment, management, development, consulting, and facilities? maintenance services within the same company allows our clients to experience a true full-service real estate company embracing all of our clients? needs. Most of the company?s multi-year experienced agents were raised in Los Angeles and have relationships in the community - an asset our clients find as highly beneficial. ?16ll?age or TimS Eat? Commercial Real Estate . Nick Ananyan Broker 818-786-551 -1 titusrealtv@vahoo.com Nick Ananyan has a plethora of knowledge and experience in real estate. Throughout his career spanning over .15 years he closed in excess of $200 million worth of residential and commercial real estate transactions ranging. His combined knowledge of real estate, finanCe, and accounting allows him to deliver the best of many worlds to his clients addressing all financial and real estate concerns. He regularly conducts meetings and seminars, teachings sales and marketing skills to incomingreal estate professionals . early in their carriers. His clients range from multi- unit developers, business developers hedge fund managers and individual investors who have been loyal for many years." His key to sucCess is a combination of a great team he has develop over years, a team of realtors, escrow and title of?cers, lenders, as well as many . professionals working hand In hand With Titus Realty, a company known for integrity, professionalism, loyalty and ef?ciency in handing any transactions(4.. l7 Page ml tin-?. EXHIBIT . . . . . m. . . a 1H- . cunt. . r. m>nom<>z. . . allDocuSign Envelope ID: 64256776-F4A4-4828-B9.8BQA7FFD A 0 RN 1 A CANCELLATION OF LISTING g: 513:; 3: rte (C.A.R. Form COL, Revised 4111) John Aaroe Group ("Broker") has entered into a written Residential Listing Agreement (or, if checked, Lease Listing, [3 Other dated April 20, 2017 (?Listing?), with Regdalin Preperties LLC (?Principal?), regarding the real property or manufactured home described as: 325 Oakhurst, Beverly Hills, CA 90210 (?Property" Broker and Principal agree to cancel the Listing and terminate their agency relationship, duties and responsibilities with and to each other subject to the terms and conditions speci?ed below. 1. (If checked) I Principal agrees to pay Broker the amount of compensation Speci?ed in the Listing: (A) (B)lf, during the period specified after expiration of the Listing Period or any extension Principal enters into a contract to sell, convey, lease or othenrvise transfer the Property to any person named below, or that person's related entity, who, after the commencement of the Listing and prior to this cancellation, physically entered and was shown the Property by Broker or a cooperating broker, or (ii) submitted to Seller a signed, written offer to acquire, lease, exchange or obtain an option on the Property: Lawrence Rudolph, Marcus Buckingham, Joseph Fallas, Natalie Graff~Radford, Igor Furman, Tania Prinz, Vaneesh Soni, Marc Guillaume the event of a transaction specified in A or above, Broker has no obligation to represent Principal in such transaction .(D)Compensation is payable on close of escrow or, if completion of the transaction is prevented by default of Seller, on Seiler?s default. OR 2. (If checked) Principal agrees to pay Broker of the compensation speci?ed in the Listing: (I) prior to the end of the specified Listing Period or any extension, Principal enters into a listing agreement for the sale or lease of the Property with another real estate broker; and (II) Principal enters into a contract to sell, convey, lease or otherwise transfer the Property during the specified Listing Period. (B)Principal agrees to notify the other real estate broker of the compensation obligation of this paragraph and to pay Broker such compensation upon close of escrow. (C)Compensation is payable on close of escrow or, if completionrof the transaction is prevented by default of Seller, on Seller's default. OR 3. (If checked) Principal agrees to pay Broker for out-of-pocket expenses, costs incurred and services rendered in marketing the Property prior to cancellation of the Listing. OR 4. (If checked) [:IPrinpraI owes no compensation to Broker. on 5. (If checked) [Iomer Other than as provided herein, Broker and Principal mutually release each other from all obligations under the Listing and from all claims, actions and demands that each may have against the other by reason of the Listing. However, Broker and Principal agree that the dispute resolution and attorney fees provisions of the Listing shall control any dispute arising out of this cancellation of Listing. I acknowledge that I Fermented understand this Cancellation of Listing and have received a cepy Principal Am Date 6/29/2017 Regdalin Propm Reai Estate Broker (Flrm) Aaroe Group Date 6/29/2017 By (Broker/Of?ce Manager) Sit/N, The copyright laws of the United States (Title 17 US. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright? 2005-2011 CALIFORNIA ASSOCIATION OF INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF (CAR). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Thisrforrn is available for use by the entire real estate industry. It is not intended to identify the user as a is a registered collective membership mark vml??l?i may be used only by members of the NATIONAL ASSOCIATION OF who subscribe to its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the Califomia Association of 525 South Virgil Avenue, Los Angeles, California 90020 .?sti Reviewed by Date CANCELLATION 0F LISTING (COL PAGE 1 OF 1) co'E'REVIseo 4m (PAGE 1 OF 1) John Aaroc Group. 150 5 Rodeo Drive Bet/arty Hills. CA 90212 - Phone: (818) 601-6017 Fax: 325 Onkhurst Produced WW alumni: com ?'sl EXHIBIT n. .z<>mom4 . OF DEPUTY . BASIS OF CHARGE AGA1NST THE ACCUSED: (See attached af?davit which is incorporated as part of this Complaint) MATERIAL WITNESSES IN RELATION TO THIS CHARGE: . SIGNATURE OF COMPLAJNANT Belng duly sworn, I declare that the @regoing is true and COrrect to the best Brian Adkins ?of my knowledge. OFFICIAL TITLE . . Special Agent Federal Bureau of Investigation Sworn to before me and subscribed in my presence, EGNATORE IUDGEUDATE March 21, 2017 TI 1 Frederick F. Mumm if 0? See Fkral Rules of criminal Procedure 3 and 54 - - AUSA Thomas Stout x2213 REC: Detention/Arrest Warrant Case 2:17-mj-00620-D. Document 1 Filed 03/21/17 1. 2 of 34- Page ID #12 FAFFIDAVIT I, Brian Adkins, being duly sworn, declare and state as follows: I. Introduction - I 1. I am a Special Agent with the Federal Bureau of Investigation and have been so employed since June - 2010. I currently am assigned to a.public corruption squad. During my employment with the FBI, I have participated in . multiple investigations of public officials and criminal I . organizations, including those involving bribery, extortion, 1 mail and wire fraud, obstruction of justice, racketeering in corrupt organizations, and murder for hire. Many of these investigations have involved the use of informants and- I cooperating witnesses.- My duties have included conducting covert.investigati0ns of public officials and criminal organizations.. I have also conducted physical surveillance and have monitored electronic Surveillance., In addition, I have been trained on the investigation of public corruption and organized crime. 2. I am currently one of several agents assigned to an investigation of conduct involving Immigration and Customs Enforcement, Homeland Security Investigations Special Agent?(?SA?) Felix CISNEROS including Conduct.in aiding and assisting an inadmissible alien to enter the United States in violation of 8 U.S C. 1327. i ?a Fwy?5' w?J. Case 2:17-mj-00620-D. Document 1 Filed 03/21/17 F. 3 of 34 Page ID II. Purpose of Affidavit 3. This affidavit is made in support of an application for a complaint and warrant to arrest CISNEROS for a violation of Title 8 1327 (aiding or assisting certain aliens to enter) (the ?Target Offense"), which provides: Any person who knowingly aids or assists any alien inadmissible under-section 1182(a)(2) (insofar as an alien inadmissible under such section has been convicted of an aggravated felony) or 1182(a)(3) (other than subparagraph (E) thereof) of this title to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit ?any such alien to enter the United States, shall be fined under Title 18, or imprisoned not more than 10 years, or both. 4, The facts set forth in this affidavit are based upon my personal observations, my training and experience, my review of reports prepared by other law enforcement agents, including Special agents from FBI, the Department of Homeland Security, Office of Inspector General and ICE Office of Professional Responsibility and my discussions with DHS OIG and ICE OPR special agents.1 5. This affidavit is intended to show merely that there is probable cause to believe CISNEROS committed the Target Offense and does not purport to set forth all of my knowledge of or investigation into this matter. Unless specifically 1 DHS OIG, ICE OPR, and ICE HSI are all components of DHS. .nq '53-4' "m4 cm mm. Case 2:17t-mj-00620-D. Document 1 Filed 03/21/17 I. 4 of 34 Page ID #24 ?indicated otherwise, all conversations and statements described in this affidavit are related in substance and in part only. Summary of Probable Cause 6. During all times relevant to this affidavit: a. CISNEROS has been a special agent with ICE HSI responsible for, among other things, investigating money laundering and human trafficking offenses. CISNEROS has extensive experience acting as an undercover agent. b. Co?Conspirator l2 is believed by the FBI to have occupied, and continue to occupy, a leadership role with a criminal organization based in Southern California. c. The_CHS3-has been an associate of Co-Conspirator 1, and, at least in 2013, has worked on behalf of CO?Conspirator 1 in the oil and gaS'industry. The CH8 has multiple prior convictions, including convictions for, among other things, non? 'sufficient fund check, making false financial statements, 2 ?Co-Conspirator,l" refers to an unindicted co?conspirator who, as described more fully below, directed CISNEROS to aid and assist the CH8 in illicitly entering the United states on 'September 7, 2013 despite being inadmissible at the time under 8 U,s.c. 3 ?The refers to an individual who-has worked as a confidential human source for federal law enforcement since January 2016. Before January 2016, the CH3 was not working as a confidential human source, and all actions by the_CHS described herein occurring before January 2016 were not undertaken at the direction of federal law enforcement. - Case 2:17-mj-00620-l. Document 1 Filed 03/21/17 I. 5 of 34 Page ID #15 identity theft, theft by check, and credit card abuse. 'In addition to these and other convictions, the CH8 has admitted to bribing a local politician on behalf of Co?Conspirator and to bribing a state prosecution agency to replace a line proSecutor assigned to investigate an associate of Co~ConSpirator?l. ?The removal proceedings have been dismissed without prejudice pending cooperation with this and other investigations and any necessary subsequent testimony. 7. In 2013, before agreeing to cooperate with the government, the CH84 worked in the oil and gas industry on behalf of Co-Conspirator 1. The work on behalf of Co-Conspirator in 2013 included travel to Mexico to negotiate transactions with a Mexican oil company. In the course of these negotiations, the CH8 at the time a lawful permanent resident of the United States but also, simultaneously, an inadmissible alien who would not have been allowed to re?enter the United States due to a prior conviction for a crime of moral turpitude had the passport confiscated due to an outstanding warrant while entering the United States from mexico.5 4 In addition to the convictions detailed in paragraph 13 below, the CH8 has admitted bribing a local politician on behalf of Co~Conspirator 1 and bribing a state prosecution agency to replace a line prosecutor assigned to investigate an associate of Co?Conspirator 1. 5 Although inadmissible, at the time CBP Officers exercised their discretion to allow the CH8 to enter the United States via 4 lift-W I Co-Conspirator 1. After the CH8 told Co? Conspirator 1 that the arrival and, again likely through deception,.persuaded them Case Document 1 Filed 03/21/17 I. 6 of 34 Page ID 8.. In August 2013, Co?Conspirator 1 asked the CH8 to return to Mexico to continue business negotiations on behalf of CHS could not return to Mexico because the CH8 would not be able to re-enter the United States after having_the passport confiscated, Co?Conspirator 1 asked CISMEROS, an ICE HSI Special Agent, to help the CH8. CISNEROS then aided and assisted the at the time, an inadmissible alien under8 1132(a)(2) ?vin entering the_United States from Mexico: On August 30, 2013, CISNEROS contacted a Customs and Border Protection (?CBP?)Officer stationed at Los Angeles International Airport and, likely through deception, caused her to meet with the CH8 and return the passport. On September 2, 2013, the CHS traveled to Mexico City from LAX, and returned to LAX on September 7, 2013. CISNEROS contacted the CBP Officers on duty at LAX at the scheduled time of the to allow-the CHS to enter the United States, thus aiding and assisting the entry into the.United States of an inadmissible alien. ?parole pending resolution of the criminal charges and removal.proceedings. Case Documentl Filed 03/21/17 .7'of34 PagelD .IV. Detailed Statement of Probable Cause 9. I have reviewed a transcript of an audio?recorded debriefing of the CH3, through which I learned that On or about January 7, 2016, the CH8 first agreed to cooperate with law enforcement agents. .10. On or about March 10, 2016; May 3, 2016; and August 2, 2016, I participated in interviews of the CH8 (the Interviews?). During the CHSInterviews,6 the'CHS informed me that the CH8 was working in the oil and gas industry in 2013, and that, at that time, Co?Conspirator 1_was negotiating an oil and gas deal in Mexico involving several individuals and companies, The CHS was assisting Co?Conspirator in negotiating that deal, which included travel to Mexico to engage in negotiations.? The CHS had a ?green card? at the time, and was a lawful permanent resident of the United_States. 11. I have spoken with the FBI Supervisory Special Agent -for the FBI's Transnational Organized Crime?Eastern Hemisphere squad, who informed me that, based on his squad?s investigations, the FBI believes that Co-Conspirator 1 holds a leadership role with a criminal organization located.in Southern California, and has held this role since at least 2013. 5 Any information attributed to the CH8 referenced herein was provided to me during the CH8 Interviews. '6 Case Document, 1. Filed 03/21/17 - I. 8 of 34 Page ID #28 12. Based on my discussions With DHS OIG and ICE OPR agents, I know that DHS maintains Alien Registration Files ?Files"), which contain immigration records for aliens admitted to or found within the United States. Based on information provided to me by DHS OIG and ICE OPR agents, I know that such A?Files~contain photographs, fingerprints, court records, Vrecords of deportations and removals, and other records? pertaining to an alien?s immigration status; DHS OIG and ICE OPR agents informed me that DHS utilizes A-File No. 749 for the purposes of maintaining the immigration records (the A?File?). DHS OIG SA Leonard V?Dovec has_reviewed the CH8 A?File, and I have spoken with SA ViDovec. Based upon my' discussion With SA V'Dovec, I learned that the CH8 A-File contains at least the following documents confirming the CHSA Status as a lawful permanent resident of the United Statesy a; A DHS Form dated February 25, 2014, which . indicated that the CBS became a lawful permanent resident of the United States on April 14, 1981. b. An affidavit dated December 13, 1998 signed by the CBS in which the CH8 admits to haVing been born in Mexico and being a Mexican citizen. ff 13. I learned from SA V?Dovec that the CH8 A?File indicates that the CH8 has the following criminal convictions: n.5- Case 2:17-mj-00620-l. Documentl Filed 03/21/17 1.9 of34 Page a. -An October 7, 2013 conviction for Non?Sufficient Fund-Check in violation of Cal. Penal Code 476a(A), in the Superior Court of California for the County of Los Angeles. b. January 3, 2003 convictions in the Superior Court of California for the County of Los Angeles for two counts of False Financial Statement in violation of Cal. Penal Code 532a(l) and one count of Identity Theft in violation of Cal. Penal Code 530.5, for which the CH8 received a sentence of two years? imprisonment? i . G, April 13, 1903 convictions for (1) Theft by i Check; (2) Credit Card Abuse; (3) failure to Stop and Render Aid} and (4) Unauthorized Use of a Motor Vehicle in the Texas I . I District Court for the 22nd Judicial District, Hays County, Texas, for which the CH3 received a sentence of five years' imprisonment. A I 14. SA V?Dovec further informed me that he did not locate any documents in the CH8 A-File indicatin? the CH8 had become a: naturalized United States citizen. 15.' The CHS provided the following information: the CH8 .first met CISNEROS in approximately April 2013, at a commercial property located at 1505 Randolph Street, Commerce, California ?8 1 .51, (?the Commerce Property?), a property controlled by Co- is i. i i ii}? If. Case2zl7-mj-00620-DL. Document 1 Filed 03/21/17 of 34 Page ID #310 Conspirator 1. the time of the meeting, the CH3 was at the' Commerce Property at the request of Co-Conspirator l.7 i 16. Based on my conversations with SA V?Dovec, I know that ICISNEROS is an ICE HSI special agent, and has been so employed for approximately 10 years. He is currently assigned to the ICE HSI ASAC Riverside-San Bernardino Office, and his 'responsibilities include investigating money laundering, narcotics trafficking, and human trafficking. CISNEROS has extensive experience acting as an undercover agent, including during investigations of money laundering Crimes. 17.? The CES provided the following information: the CH8 Imet CISNEROS at the Commerce Property again in May 2013. During that meeting, informed the CH8 that he had run the name through law enforcement databases at the direction of Co- Conspirator 1. CISNEROS informed the CH8 that, at the time, the CH8 was the subject of an HSI money laundering investigation. 18. SA VFDovec performed a search of TECSB database queries made by CISNEROS pertaining to the CH8. Through my discussions 7 The CHS has offered conflicting aCcounts of the first meeting with CISNEROS, telling me during the March 10, 2016 interview that the first meeting with Cisneros was in August 2013, and telling me during the August 2, 2016 interview that ?4 the first meeting with Cisneros was in April 2013. 'As discussed 4; below, I believe that independent investigation has corroborated that the CH8 first met Cisneros in April 2013. 53 3 TECS is a restricted database primarily used by DHS to ?4 collect, store, and share criminal case information, criminal 9 Case 2217-mj-00620-DL. Document 1- Filed 03/21/17 P.11 of 34? Page ID #211 with SA V?Dovec, I have learned that on April 17, 2013, CISNEROS viewed TECS records pertaining to the CH8, which revealed that the CH8 had been the subject of an money laundering investigation. This corroborates the account of the interaction with CISNEROS in May 2013, as it approximately corresponds to the date that the CH3 indicates the CH8 first met CISNEROS and confirms that, as related by the CH8, CISNEROS ran a law enforcement database inquiry on the.CHS and learned the. CBS had been the subject of a money laundering investigation. 19. The CHS provided the following information: in July 2013, the CH8 traveled from the United States to Mexico to provide further assistance to Co-Conspirator 1 innegotiating an oil and gas contract. While re?entering the United States, the CH8 was arrested and detained due to an outstanding criminal warrant for the arrest. Due to the nature of the criminal. charges, United States immigration authorities seized the passport and instructed the CH5 to periodically report to the immigration office in Los Angeles until the criminal_case was adjudicated. 20. .SA V?Dovec provided me with DHS border crossing records pertaining to the CH5, which showed that on July 21, intelligence, international travel information, and financial, information. . lo- Case 2:17-mj-00620-DL. Document 1 Filed 03/21/17 PDIZ of 34 Page ID #:12 2013, the CH8 returned to LAX from.Mexico, corroborating the account of July 2013 travel to Mexico. 21. I learned_from SA V?Dovec that the CH8 A~File contains a DHS Form I-213 dated November 4, 2013, which_contains the following information corroborating the July 2013 detention, passport seizure, and status as an inadmissible alien: a. The CHS was detained at LAX on July 21, 2013 while attempting to re?enter the United States from Mexico due to an outstanding NCIC warrant issued by the Burbank Police Department for ?Fraud?Insufficient Funds.? b. The CHS was paroled into the United States for 90 days on July 21, 2013. c. Due to the 2003 conviction described at paragraph 13.b, the CH8 is inadmissible to the United States pursuant to Section of the Immigration and Nationality Act,9 which excludes aliens convicted of crimes involving moral turpitude, including Cal. Penal Code 532a(l). 9 Based on my discussions with counsel for ICE and publicly available information from United States Citizenship and Immigration Services, I know this section of the INA to have been codified atl8 U.S.C. 1182(a)(2). Based on further discussions with ICE counsel, I know that Cal. Penal Code 532a(1) is a crime of moral turpitude, and that such a conviction renders an alien inadmisSible under 8 U.S.C. 1182(a)(2); ll ?'rwl Tr-w'l ?Pal Case 2:17-mj-00620-DL. Document 1 Filed 03/21/17 13.13 of 34? Page ID #:13 22. I learned from SA V?Dovec that the CH8 A?File contains a letter from CBP to the CH8 dated July 26, 2013,-indicating that the CH8 had been paroled into the United States and was required to appear at the CBP Deferred Inspections office at 300 N. Los Angeles Street, Los Angeles, CA on or before September 13, 2013, with a handwritten note extending this time until October 8, 2013. This letter further corroborates the account of the July 2013 detention. 23. In the course of my investigation, I interviewed CBP Enforcement Officer Saowanee Sirinopwongsagon, and learned that on July 26, 2613, Officer Sirinopwongsagon was instrudted t0" place the CH8 into removal proceedings, further corroborating the CHSJ account of the July 2013 detention and indicating_the status as an inadmissible alien. a _24. The CHS provided the folloWing information: a. In AuguSt 2013, the CH8 met with Co?Conspirator 1. During that meeting, Co-Conspirator 1 instructed the CH8 to 'travel to Mexico again to continue contract negotiations. In response, the CH8 informed Co-Conspirator 1 that the CH8 could not return to Mexico because the passport had been seized and the CHS would not be able to return to the United States. b. Shortly after the meeting in which the CH8 informed Co-Conspirator 1 that the CH8 could not travel to Mexico, the were again at the Commerce 12 . 3 13:? i Eif' Case Document 1 Filed 03/21/17 P.14 of 34' Page ID #:14 Property. CISNEROS apprOached the OHS and asked the CH8 what_' was happening. After the CH8 described the CHS?.immigration . status to CISNEROS, CISNEROS told the CH8 he would contact the CH8. That same evening, CISNEROS contacted the CH8 to confirm the travel dates.v CISNEROS also instructed the CH8 to go to Los Angeles International Airport and meet a CBP employee who would return the passport. c. 'The OHS followed those instructions and went to the Tom Bradley International Terminal at LAX where the CH8 met. a female CBP Officer10 who returned the passport. After receiving the passport, the CH8 contacted CISNEROS, who instructed the OHS to email the travel itinerary to CISNEROS, which the CH8 did that day. 25. In the course of this investigation, I have obtained and reviewed relevant portions of a Microsoft/Hotmail email aCcount belonging to CISNEROS.11 During noted an email message from the CHO to Cisneros dated August.30, 2013, at 11:44 PM to which the CH8 attached an email from United Airlines As discussed below at paragraphs 26.a and 38.a, subsequent investigation identified this CBP Officer as Gloria Velasquez. On April 29, 2016, the Honorable Karen L. Stevenson, . United States Magistrate Judge, approved a search_warrant for the contents of this email account. On that same day,.I served the warrant upon Microsoft, which complied with the warrant and provided responsiVe contents of email account. 13? Case Document 1 Filed 03/21/17 P915 of 34 Page ID #215 containing a flight itinerary showing the CH8 scheduled to fly from LAX to Mexico-City on September 2, 2013, at 5:48 PM and return to LAX from Mexico City on September 7, 2013, at 9:45 AM. This email corroborates the account of communicating with CISNEROS as CISNEROS requested regarding the travel dates. 26. I learned from SA V?Dovec that the CH8 A?File contains the following documents corroborating the account of how the CHS recovered the passport: 2 A ?Receipt for Property, dated August 30, 2013 signed by CBP Officer Gloria Velasquez and the CH8 documenting the return of a to the CH8 at the Tom Bradley International Terminal at LAX. b. A photocopy of the passport with the following handwritten note in the margin: - ISE Long Beach, Felix Cisneros and the number for DHS- issued cell phone. 27. In the course of my investigation, I interviewed CBP Officer Gloria Velasquez, who provided me the following information: - a. She did not recall the details of any conversation she had with CISNEROS. b. There are only three instanCes in which she would parole an otherwise inadmissible alien into the United States on behalf of an HSI special agent: (1) if the individual was a 14 Case Document 1 Filed 03/21/17 of 34 Page ID #:15 documented confidential informant working for (2) if the individual was a witness to'a court proceeding; or (3) if.the individual possessed a parole letter issued by the ICE Attache.12 - c. . I showedefficer Velasquez a copy of the Receipt for Property referenced at paragraph 26.a.. Officer Velasquez identified the handwriting on the Receipt for Property as her own. i d. 'I_showed Officer Velasquez the photocopy of the passport and handwritten note referenced at paragraph 26.b. Officer Velasquez identified the handwriting as her own. 28. Based on my interview with CBP Officer Velasquez, I believe that CISNEROS misled the_LAX CBP Officers, including Officer Velasquez, into believing either that the CH8 was acting- as a confidential informant for CISNEROS at the time or that the CH8 was a necessary witness in a court proceeding involving HSI.13 I do not believe that either of these representations were true as of September 7, 2013, for the following reasons: Officer Velasquez indicated that any such letter would be recorded in the individual' 5 File. SA V?Dovec has informed me that the A-File does not contain any such letter. Although I believe that CISNEROS deceived the CBP Officers in assisting -the CH8, deception or fraud is not an element of 8 U. S. C. 1327, which merely requires that CISNEROS have aided or assisted an inadmissible alien in entering the United States. 15 Case 2:17-mj-00620-DL. Document 1 Filed 03/21/17 Pig? of 34 Page ID #:17 a. The CHS has informed me that the CH8 was not working for CISNEROS as-a confidential informant as of September 7, 2013i b. Joseph Macias, Special Agent in Charge of the H31 Los Angeles Principal Field Office, to which CISNEROS currently is aesigned and to which he was assigned in 2013, has reviewed HSI records at the request of DHS 01G Special Agent Daniel Castro. SAC Macias confirmed that CISNEROS did not document the CH8 as an HSI source in 2013. SA V?Dovec has informed me that HSI_policy requires such docUmentation when signing up a source as a confidential informant. As discussed below at paragraphs 34 and 41, CISNEROS regularly conducted conversations with the CHS on his personal cell phone, rather than his HSl?issued cell phone. 'Based on my training and experience, and the training and experience of other agents involved in this investigation, it is highly unusual for a federal law enforcement agent to communicate with a confidential informant using a personal cell phone, rather than a government?issued cell phone, or to provide a confidential informant with his or her personal cell phone number. d. The CHS informed me that was not acting as a witness in any criminal prosecution or other legal proceeding as 1.6 ?Case 2:17-mj-00620-DL. Document 1 Filed 03/21/17 P-QB of 34 Page of the time CISNEROS assisted the CH8 in re?entering the United lStates. e. As discussed below at paragraph 44, the CH8 had two recorded meetings and several recorded calls with CisnerOS? in 2016, which I have reviewed. During these recorded meetings and calls, CISMEROS never referred to the CH8 having worked as a source for CISNEROS or acting as a government witness, including- during times when one would reasonably expect the subject, if true,-to-have come up, such as when they discussed the CH8 crossing into the United States with CISNEROS's assistance in September 2013. 29. The CHS provided the following information: on September 2, 2013, the CH8 took a flight from LAX to Mexico Cityg Mexico. Before the return, CISNEROS provided the CH8 with CBP Officer Velasquez?s cell phone number and instructed? the CH8 to contact her upon arrival at LAX so that she could allow the CH8 into the United States. 30. SA VfDovec provided me with DHS border crossing records pertaining to the CH8, which show that on September 2013, the CH3 traveled from LAX to Mexico. 31! 'The CHS provided the following information: on September 7, 2013, the CH8 returned to the United States on a flight from Mexico City to LAX. Upon arriving, the CH8 attempted to contact CBP Officer Velasquez, however she informed l7 qu?h I wt Ply? .v 573's? hm? Case 2:17-mj700620-DL. Document 1 Filed-03/21/17 P919 of 34 Page i0 #:19 the CHS that she was not working that day. 'The CHS contacted CISNEROS, who assured the CH8 he would take care of it and instructed the CH3 to proceed through immigration. The CHS followed instructions and was briefly detained by a CBP Officer who noted the CH8 was in deportation proceedings. Shortly after the CH8 was detained, however, the CBP Officer received a phone call, immediately after which he released the CH3 and allowed him to enter the United States. 32. SA V?Dovec provided me with DHS border crossing records pertaining to the CH8, which showed that on September 7, 2013, the CH8 returned to LAX from Mexico., 33.. SA V'Dovec has provided me with a record of CBP Inspection Results indicating that on September 7, 2013, the CH8 was granted advance parole. The record further indicated that the CH3 entered secondary inspection at 2:59 PM on September 7, 2013, and was allowed through secondary inspection at 3:03 PM that same day. 34. In the_course of this investigation, SA V'Dovec has. obtained records of personal cellular phone and hprovided me with a copy of those records. have reviewed those records and made the following pertinent observations concerning telephone calls between CISNEROS and the CH8 showing a pattern of communication at the time CISNEROS was aiding and assisting the CH8 to enter the United States, including calls coinciding 18 .I Case Document 1 'Filed 03/21/17 PIQO of 34 Page ID #:20 .2 103: 4? 4-4 Case 2:17-mj-00620-DL. Document 1 Filed 03/21/17 P?l 0f 34 Page ID #:21 ~with (1) the CH8 reacquiring the passport from CBP agents at LAX on August 30, 2013; (2) the CH8 departing the United States for MeXico on September 2, 2013; and (3) the CH8 re? entering the United States from Mexico on September 7, 2013:' Call Date Time Originator Recipient 08/14/2013 07:44:33 PM CHS 1:29 08/29/2013 07:10:57 PM CHS CISNEROS 11 03 - 08/30/2013 10:35:08 PM CHS CISNEROS 2:11 08/30/2013 11:39:18 PM CISNEROS CHS 29:58 08/31/2013 06:31:00 AM CHS CISNEROS 2:56 08/31/2013 06:39:58 AM CHS CISNEROS 2:36 08/31/2013 06:22:58 PM CHS CISNEROS 3:04 08/31/2013 06:25:49 PM CISNEROS CHS 7:37 09/02/2013 05:59:32 PM CHS CISNEROS 2:16 09/02/2013 06:11:51 PM CHS CISNEROS 1:19 09/02/2013 06:15:21 PM CISNEROS CHs 6:16 09/07/2013 07:35:47 PM CISNEROS CHS 11:57 35. In the obtained records provided me with records and made course of the investigation, SA V'Dovec has of HSI?issued cellular phone and a copy of those records. I have reviewed those the following pertinent observations concerning telephone calls between CISNEROS and LAX CBP offices showing a pattern of communication at the time CISNEROS was aiding and - assisting the CH8 to enter the United States: Call length in minuteszseconds format. 19 Case Document 1 Filed 03/21/17 of 34 Page ID #:22 Date Time -Originator Recipient Call \Length 08/30/2013 04:08 PM CISNEROS Secondary Inspection Office '5:00 08/30/2013 08 31 PM CISNEROS CBP LAX Secondary InspeCtion Office 08/30/2013 11:24 PM CISNEROS. CBP LAX Secondary Inspection ?Office 2100' '09/07/2013 11 21 AM CISNEROS CBP Officer Gloria Velasquez's office at LAX- 09/07/2013 11 24 AM CISNEROS CBP LAX Secondary? Inspection Office 36. In the course of my investigation, I interviewed SuperviSOry CBP Officer Aaron Lombrano, who told me that he was. of the opinion that, absent help from CISNEROS, it would have been impossible for the CH8 to pass through secondary screening at LAX in only four minutes, and that it is considered fast when an individual is_able to pass through secondary screening in 20? 30'minutes. 37. During my interview of CBP Officer Velasquez] Officer I Velasquez informed me that she believes that the CHS_would not have been allowed to enter the United States on September 7, 2013 without the assistance of H81. 20 1 Case Document 1 Filed 03/21/17 of 34 Page ID #:23 38. Through DHS, I have obtained and reviewed emails CISNEROS sent from his HSI email account pertaining to the Through that review, I learned the following information that demonstrates continued to aid and assist the CH8 after helping the CH8 entered the United States: a. -.On September 12, sent an email to CBP Officer Gloria Velasquez with the A?File number in the subject line, in which he asked whether CBP Officer VelaSquez could extend the parole from September_7, 2013 until October 7, 2013. CBP Officer Velasquez responded that she extended the parole until September 14, 2013, and that the CH8 should report to CBP in person for a further extension. b. On September 14, 2013, CISNEROS forwarded his. September 12, 2013 email to OBP Officer Velasquez to Supervisory CBP Officer Aaron Lombranou CBP Officer Lombrano responded to that email by stating, in part, ?[tlhe_only thing we can do here at the port of entrv is extend [the parole until [the: next court date All other issues must be handled by CBP Officers at Deferred Inspections (Downtown).? c. CISNEROS responded to CBP Officer Lombrano's email on the same day by stating, ?That?s perfect. [The just needs to be in status until [the next court date." d. On October 15, 2013, CISNEROS emailed CBP'Officer Velasquez to inform her.that the criminal case against the CH8 21 Case 2:17-mj-00620-Dl. Document 1 Fiied 03/21/17 . of 34 Page ID #:24 had-resolved and the CH8 was interested in having the lawful permanent resident card returned; CISNEROS asked for instruction as to how the CH8 should proceed} CBP Officer Velasquez responded that the CH8 should ?go to LADO 300 Los Angeles St, 2nd floor, Room 2067, Los Angeles, CA 90012, ask for. officer Colmenero.? .39. The CHS-provided the following information: in approximately October 2013, the OHS was required by CBP to report to the immigration office in Los Angeles as a condition of having been detained in July 2013. Before reporting, the CH8 contacted CISNEROS, who informed the CH8 that CBP Officers Velasquez and Jimmy Oetjen would meet the CH5 at the Los Angeles immigration office. 40. The CHS has provided HSI with consent to search the Apple iPad. SA V'Dovec reviewed the instant messages sent from a cell phone number I know to be associated with DHS cell phone to a Yahoo! account belonging to the . CH8 and related the following information to me, which demonstrates that CISNEROS continued to aid and assist the CH8 ?after helping the CH8 enter the United States: a. On October 16, 2013, at 12:57 AM CISNEROS sent the CH8 the following instant message: ?Compadre, I emailed you the contact info for Gloria to set up apt to get your stuff 22 Case Document 1_ Filed 03/21/17 PQS of 34 Page?lD #:25 On October 16, 2013, at 3:36 AM CISNEROS sent the CH8 the folloming.instant message: ?Compadre the info is at the top of the email I just sent you. That?s where you need to go at . On October 17, 2013, at 9:21 PM CISNEROS sent the CH8 the following instant message: ?And don?t forget to go to 300, take care of that paperwork . . . Your permit expired on. the it?? d. On October 18, 2013, at 10:02 AM CISNEROS sent the CH8 the following instant message: Compadre I'm out of office, call me when you can so I get my story straight when I call these guys" e. On October 18, 2013, at 8:07 PM CISNEROS sent the CH8 the following instant message: ?Jimmy Oetjen"15 f. On October 18, 2013, at Bill PM CISNEROS sent the CH8 the following instant message: never been up there but rm. 2067?15 I learned from SA V?Dovec that the CH3 A-File contains a letter from CBP signed by CBP Officer Jimmy Oetjen to the CH8 dated October 18, 2013, indicating that the CHS had been paroled into the United States and was required to appear at the CBP Deferred Inspections office at 300 N. Los Angeles Street, Los Angeles, CA on or before November 4, 2013. As discussed above at paragraph 38.d, CISNEROS sent the this message three days after CBP Officer Velasquez had emailed CISNEROS with?instructions that the CH8 should report to Room 2067 at 300 North Los Angeles Street, Los Angeles, 23 Case Document 1 Filed 03/21/17 of 34 Page ID #:26 41. I have reviewed the Personal PhOne Records and made the following pertinent observations conCerning telephone calls and the OHS showing a pattern of communications coinciding with the required appbintment with deferred inspection office in Los Angeles on October 18, 2013: . Call Date . Time Originator ?Recipient 10/05/2013 07:31:22 PM CISNEROS CHS 26:13. 10/06/2013 06:03:01 PM CHS CISNEROS 1:27 10/06/2013 06:51:54 PM CHS CISNEROS 5:34 10/06/2013, 08:09:41 PM CHS CISNEROS 3:09 10/06/2013 10:33:03 PM CHs 1:08 10/18/2013 07:04:26 PM CHS CISNEROS 1:07 10/18/2013 07:35:48 PM CISNEROS 1:01 10/18/2013, 07:42:11 PM CISNEROS CHs 1:27 10/18/2013 09:05:29 PM CHS ICISNEROS 1:42 10/18/2013 09:12:35 PM CHS CISNEROS 2:50 10/18/2013 10:06:59 PM CHS CISNEROS 2:27 10/22/2013 11:45:49 PM CISNEROS CHS 21:53 42. In the course of this investigation, I interviewed CBP Enforcement Officer Fernando Colmenero, who informed me that on October 18, 2013, CISNEROS placed a call to Officer Colmenero's office on behalf of the CH8 seeking to make an appointment for the CH8. 43. The CHS provided the following information: in October 2013, the CH8 purchased four tickets to a Los Angeles Podgers playoff game for the CH8, the guest, CISNEROS, and guest, as thanks for assistance in entering the United States. The CHS provided evidence Case 2:17-mj-00620-DL. Document 1 Filed 03/21/17 of 34 Page ID #227 corroborating the account of attending the Dodger playoff baseball game with CISNEROS and his guest, including: a. .Two photographs taken with the cell phone depicting the CH8, their guests sitting in a crowd at what appears to be Dodger Stadium, which I have reviewed. In the background of the photographs, decorative red, white, and blue bunting commonly hung around stadiums during playoff games, but not regular season games, is clearly visible. b; An invoice from VIP Tickets documenting the purchase of four tickets to the October 6, 2013, National League Division Series playoff game between the Los Angeles Dodgers and Atlanta Braves. The price for the four tickets is shown as $250 apiece, for a total price 44. On May 12, 2016, after agreeing in January 2016 to begin acting as a_confidentia1 informant for federal law- enforcement, the CH8 met CISNEROS in the City-of Industry, CA and, at my direction, made a consensual recording of the meeting. This was one of two recorded meetings and several recorded calls between the CH8 and CISNEROS. I have reviewed the recording of that conversation and the transcript that has 17 I have compared this photograph to a California Department of Motor Vehicles photograph of CISNEROS and recognize the individual in the photograph as CISNEROS. 25 113?: 4, Hrs-?- I I hnd' my: . Case 2:17-mj-00620-DL. Document 1 Filed 03/21/17 of 34 Page ID #:28 been prepared.18 During that conversation, CISNEROS made the following statements corroborating-the account of the 2013 relationship with CISNEROS and the illicit border crossing aided and assisted by CISNEROS: a. admitted knowing Co?Conspirator l. SISNEROS said he was not doing any more favors for Co-Conspirator 1 and his associates because they did not want to pay him. I c. . CISNEROS made the following verbatim statements, which, based on my investigation and that of other agents, I believe to be in reference to the assistance he provided the CH8 in entering the United States on September 7, 2013: FC: I said, ?[Co?Conspirator 1?s associate], you??you need him here? Do you need him to fucking go, or what?? He goes yeah. 'I'said, ?Okay, we?ll make it happen, you know? I?ll talk to. some people. "If it can be done, it can be done. I said, ?He? got everything and he? got a fucking date or whatever, so it? not like fucking bringing him in through a tunnel, you know? I?m not going to jeopardize everything.? -I said, ?Fucking, and if there?s things that can be done, can be done. If they_can?t, they can?t." You know what I?m saying? But Obviously Both English and Spanish during the recorded conversation. Where the recording is quoted, italicized type indicates that the words were spoken in English, and normal type indicates the words were spoken in Spanish and have been translated and transcribed by an FBI or DHS OIG employee fluent in Spanish. Case Document 1 Filed 03/21/17 of 34 Page ID #:29 yeah, I mean, it-it?it helped out. Obviously you got everything that you fucking needed, but don?t know, bro?. I mean . . d. CISNEROE made the follOwing verbatim statements, which, based on my investigation and that of other agents, I believe to be in reference to the assistance he provided the CH3 in entering the United States on September 7, 2013: CHS: He fucking asked me.who you were, what am I doing for you, all that shit. FC: Which guy? CHS: That gringo from right'there. Remember that guy that fucking told me, ?What are you doing for, uh--what are you doing for, uh?Cisneros?" I told him, don?t know. Why don?t you ask him?" FC: When did you see that guy? CHS: Dude, well, that day that he fucking - told me that he was going to put me in deport, dude, in the fucking yeah. - FC: ?Oh, way back when. ?Oh, I thought recently. I'm all?' CHS: No, dude. FC: -??Nobody?s called me.? Usually they Call me. CHS: No, that idiot. ?ns] Bra-,3. ?Ml Case Document 1 Filed 03/21/17 P930 of 34 Page ID #:30 FC: No, I did talk to this lad f-the lady that gave you your fucking password? back . . . a woman. e. At one point in the conversation, the CH3 told CISNEROS that the CH8 still could not travel to Mexico due to being inadmissible and raised the possibility of CISNEROS helping the CH8 to cross the border again. Later in the conversation, CISNEROS made the following verbatim statements, which I believe both refers to the part help CISNEROS provided the CH8 and to the possibility of helping the CH8 to cross the border again: FC: I want you to do it right, bastard, that?s what I?m saying, and not be doing stupid shit because if . . . The ?thing is I don?t want to start. I have to check with some other guys over here, but . . . it wOn?t happen the same way. There?s too much fucking dirt after the fact. Ybu see what I?m saying? And that's the problem} f. CISNEROS made the following verbatim statements, which, based on the context of the conversation, I believe to be in reference to potential assistance CISNEROS may provide the. CH5 in crossing the border in the future: CHS As I said, I can, uh . . . No, dude, if I get fucking kidnapped, instead of costing me the fucking however much it it turns out to be here, it?s Based on the context of the conversation, I believe that ?password? is a typographical error in the translation and transcription, and that CISNEROS likely said ?passport.? 28 Case 2:17-mj-00620-DL. Document 1 Filed 03/21/17 P?il of 34 Page ID #:31 going to cost me one fucking million or two million dollars, dude. No, no. There?s other ways. No, and I have contacts there who . . . will do it in a ballsy way, in a ballsy way. CHS: Look. FC: They even bring bastards in a helicopter, dude. CHS: It?s just that over there, in Brownsville and MCAllen, things are pretty heated up over there, dude! FC: Not over there. It would have to be,? like, over here somewhere. If you leave through that area, whatever, but take a fucking flight that?ll arrive over here, in Tijuana. .CHS: No, no problem. It's just that over there, in fucking Tijuana?you get caught there, too. No. 80 Should I go in shorts, or what?s the deal? FC: Uh, no, jeans? FC: -?with a baseball cap. CHS Look. FC: 'In a fucking trunk, dude!20 g: CISNEROS made the following verbatim statements, which, based on the context of the conversation, I believe to be both in reference to potential assistance CISNEROS may provide An FBI translator initially incorrectly translated this as, ?Such a fucking hunk, dude!? DHS OIG SA Daniel Castro, who is fluent in Spanish, reviewed this portion of the recording and _provided me with the_correct translation, related here. 29 Case 2:17-mj-00620-Dt. Document 1 Filed 03/21/17 PAZiof 34 Page ID #232 I the CH8 in crossing the border in the future and a threat if the CH8 were to betray CISNEROS: FC: CHS FC: CHS F-C: CHS FC: CHS And, if not, dude, um . . . like?I'l said, it can be fucking done in one. fell swoop . . . easily. They?ll bring you very early in a helicopter. Let me see what?s up, dude. Jeez, what fucking helicopter? I don?t have a helicopter, dude! No, they have one. Oh, if that?s the case, no problem. Let?s go. And then fool, I?m telling you-? Dude. --if you say something dude, I?ll bury you, dude, honestly . 1 I mean, I swear it, on my mother. Now--hm And even?I mean, can?t leave my fucking kid. You know what-I?m saying? 45. In addition to the TECS queries referenced at paragraphs 18, SA V?Dovec performed a search of TECS database queries made by CISNEROS pertaining to Co?Conspirator 1. E. Through my diScussions with SA V?Dovecu I have learned the following information that corroborates the account of CISNEROS's relationship to both the CH8 and Co?Conspirator i: ii a. On December 9, 2013, CISNEROS viewed TECS records "ml pertaining to the CH3. 30 Case Document 1 Filed 03/21/17 PAC), of 34? Page ID #:33 On November 9, 2009; March 9, 2010, July 12, 2010; and January 10, 2014, CISNEROvaiewed a TECS record pertaining to Co-Conspirator 1, which revealed that Co~ Conspirator 1 had-been the subject of a closed investigation for failure to declare $38,000 cash when traveling to Canada. c. On november 8, 2011 and October 8, 2012, CISNEROS viewed TECS records pertaining to other instances in which Co?? Conspirator 1 failed to declare large same of cash when returning to the United States from foreign conntries. d. HSI records do not contain any indication that CISNEROS was conducting an investigation of or relating to- either the CH8 or Co?Conspirator 1, therefore,-there is no readily apparent legitimate law enforcement purpose for CISNEROS to View these records in TECS. 31 Case 2E17-mj-00620?Dk. Document 1 Filed 03/21/17 P934 of 34 Page ID #:34 V. Conclusion 46. Based on the foregoing, I believe sufficient evidence has been obtained, and presented herein, to demonstrate probable cause that CISNEROS violated 8 U.S.C. 1327 by knowingly aiding. or assisting the CH8 to enter the United States on or about September 7, 2013, at a time when the CH8 was an inadmissible alien under 8 BRIAN ADKINS, Special Agent Federal Bureau of Investigation Subscribed to and sworn before me this 24? day of March, 2017. . frederick F. ?Mumm .3, .Hg;,g UNITED STATES MAGISTRATE JUDGE 32 PROOF OF SERVICE SBK Holdings USA, Inc. vs. Edgar Sargsyan, et al. LASC Case No. BC649108 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 2121 Avenue of the Stars, Suite 2800, Los Angeles, CA 90067. On July 14, 2017, I served true copies of the following document(s) described as DECLARATION OF EDGAR SARGSYAN IN SUPPORT OF OPPOSITION TO PLAINTIFF SBK HOLDINGS USA, MOTION FOR ISSUANCE OF PRELIMINARY INJUNCTION on the interested parties in this action as follows: Alexander S. Gareeb, Esq. Attorneys for Plaintiff Marwa M. Rifahie, Esq. SBK HOLDINGS USA, INC. GAREEB LAW GROUP APC 5900 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 Tel.: (818) 456-0970 Fax: (818) 456-0980 Email: agareeb@glglega1.com mrifahie@glglegal.c0m BY OVERNIGHT DELIVERY: I enclosed said document(s) in an envelope or package provided by the overnight service carrier and addressed to the persons at the addresses listed in the Service List. I placed the envelope or package for collection and overnight delivery at an of?ce or a regularly utilized drop box of the overnight service carrier or delivered such document(s) to a courier or driver authorized by the overnight service carrier to receive documents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. . Executed on July 14', 2017, at Los Angeles, Cyzmia. Venus Bernardo