Gourdikian Plear Agreement

Case 2:18-cr-00104-SVW Document 27 Filed 09/07/18 Page 1 of 31 Page ID #:98
1 NICOLA T. HANNA
United States Attorney
2 LAWRENCE S. MIDDLETON
Assistant United States Attorney
3 Chief, Criminal Division
ELISA FERNANDEZ (Cal. Bar No. 172004)
4 JENNIFER CHOU (Cal Bar No. 238142)
Assistant United States Attorneys
5 Public Corruption & Civil Rights Section/
Violent & Organized Crime Section
6 1500/1300 United States Courthouse
312 North Spring Street
7 Los Angeles, California 90012
Telephone: (213) 894- 73 83 / 64 82
8 Facsimile: (213) 894-8601/1373
E-mail: elisa.fernandez@usdoj.gov
9 jennifer.chou@usdoj.gov
10 Attorneys for Plaintiff

UNITED STATES OF AMERICA
11
UNITED STATES DISTRICT COURT
12
FOR THE CENTRAL DISTRICT OF CALIFORNIA
13
UNITED STATES OF AMERICA, CR No. 18-104-SVW
14
Plaintiff, PLEA AGREEMENT
15 FOR DEFENDANT VASKEN KENNETH
v. GOURDIKIAN
16
VASKEN KENNETH GOURDIKIAN,
17
Defendant.
18
19
20 1. This constitutes the plea agreement between VASKEN KENNETH
21 GOURDIKIAN ("defendant") and the United States Attorney's Office for
22 the Central District of California (the "USAO") in the above-
23 captioned case. This agreement is limited to the USAO and cannot
24 bind any other federal, state, local, or foreign prosecuting,
25 enforcement, administrative, or regulatory authorities.
26 II
27 //
28 II
1 DEFENDANT'S OBLIGATIONS
2 2. Defendant agrees to:
3 a. At the earliest opportunity requested by the USAO and
4 provided by the Court, appear and plead guilty to Counts One and
5 Three of the indictment in United States v. Vasken Kenneth
6 Gourdikian, CR No. 18-104-SVW, which charge defendant with Engaging
7 in the Business of Dealing in Firearms Without a License, in
8 violation of 18 U.S.C. § 922(a) (1) (A) (Count One), and False
9 Statement During Purchase of Firearm, in violation of 18 U.S.C.
10 § 922 (a) (6) (Count Three).

11 b. Not contest facts agreed to in this agreement.
12 c. Abide by all agreements regarding sentencing contained
13 in this agreement.
14 d. Appear for all court appearances, surrender as ordered
15 for service of sentence, obey all conditions of any bond, and obey
16 any other ongoing court order in this matter.

17 e. Not commit any crime; however, offenses that would be
18 excluded for sentencing purposes under United States Sentencing
19 Guidelines ("U.S.S.G." or "Sentencing Guidelines") § 4Al.2(c) are not
20 within the scope of this agreement.
21 f. Be truthful at all times with Pretrial Services, the
22 United States Probation Office, and the Court.

23 g. Pay the applicable special assessments ($200) at or
24 before the time of sentencing unless defendant lacks the ability to
25 pay and prior to sentencing submits a completed financial statement
26 on a form to be provided by the USAO.
27 II
28 II
2
1 3. Defendant further agrees:
2 a. To hereby forfeit, on behalf of himself and any entity
3 in which defendant has ever held an ownership interest, operated as a
4 sole proprietorship or served as an officer, director, manager,
5 partner or other representative (which entities are collectively
6 referred to herein as the "defendant entities" and include, without
7 limitation, defendant doing business as "Blue Smoke") to the United
8 States of America all of defendant's right, title, and interest in
9 the following items more particularly described in Exhibits A, B, and
10 C attached hereto, collectively referred to herein as the
11 "Forfeitable Property" and (as reflected in Exhibits A, B, and C)
12 designated by the United States of America with Consolidated Asset
13 Tracking System Identification Numbers 17-ATF-007731, 17-ATF-007735
14 through 17-ATF-007751, 17-ATF-007857, 17-ATF-007859, 17-ATF-007862
15 through 17-ATF-007868, 17-ATF-007870 through 17-ATF-007872, 17-ATF-
16 007876, 17-ATF-007881, 17-ATF-007883, 17-ATF-007884, 17-ATF-007887
17 through 17-ATF-007893, 17-ATF-007901, 17-ATF-007903, 17-ATF-007904,
18 17-ATF-007906 through 17-ATF-007908, 17-ATF-007910 through 17-ATF-
19 007913, 17-ATF-007915 through 17-ATF-007923, 17-ATF-007926, 18-ATF-
20 015617 through 18-ATF-015620 and 18-ATF-015622.
21 b. That the Forfeitable Property shall, at the sole
22 election of the United States of America, be criminally forfeited or
23 civilly forfeited, administratively or judicially, pursuant to 18
24 U.S.C. § 924(d) (1) or otherwise.
25 c. To deliver to the undersigned Assistant United States
26 Attorneys, within fourteen (14) calendar days of defendant's
27 execution of this plea agreement and in a form acceptable to the
28 United States of America, a waiver and release of third party claims
3
1 to the Forfeitable Property whereby third parties waive any of their
2 rights to contest the forfeiture of the Forfeitable Property.
3 d. To hereby withdraw, on behalf of himself and the
4 defendant entities, any claim defendant or the defendant entities
5 submitted to the United States Department of Justice, Bureau of
6 Alcohol, Tobacco, Firearms & Explosives or any other federal agency
7 in the administrative forfeiture proceedings commenced by that agency
8 with respect to the Forfeitable Property. Defendant and the
9 defendant entities, and each of them, further waive their respective
10 rights, if any, to any further notice relative to the administrative
11 forfeiture proceedings and understand, acknowledge and agree that
12 defendant and the defendant entities' interests in the Forfeitable
13 Property shall be administratively forfeited to the United States of
14 America without any further notice.
15 e. To refrain from contesting the forfeiture (by filing a
16 claim, statement of interest, petition for an ancillary proceeding,
17 petition for remission or otherwise) of the Forfeitable Property in
18 any administrative or judicial proceeding, or assisting any other
19 person or entity in falsely contesting the forfeiture of the
20 Forfeitable Property in any administrative or judicial proceeding.
21 f. To take all steps necessary to pass to the United
22 States of America clear title to the Forfeitable Property, including,
23 without limitation, the execution of a consent decree of forfeiture,
24 and the completion of any other legal documents required for the
25 transfer of title to the Forfeitable Property to the United States of
26 America.
27 g. To the Court's entry of an order of forfeiture at or
28 before sentencing with respect to the Forfeitable Property and to the
4
1 forfeiture of the Forfeitable Property. Defendant knowingly and
2 voluntarily waives (i) the requirements of Federal Rules of Criminal
3 Procedure 32.2 and 43(a) regarding notice of the forfeiture in the
4 charging instrument, announcement of the forfeiture at sentencing and
5 incorporation of the forfeiture in the judgment; (ii) all
6 constitutional and statutory challenges in any manner (including by
7 direct appeal, habeas corpus or any other means) to any forfeiture
8 carried out in accordance with this agreement on any grounds; and
9 (iii) all constitutional, legal and equitable defenses to the
10 forfeiture of the Forfeitable Property in any proceeding on any
11 grounds including, without limitation, that the forfeiture
12 constitutes an excessive fine or punishment. Defendant also
13 acknowledges that defendant understands that the forfeiture of the
14 Forfeitable Property is part of the sentence that may be imposed in
15 this case and waives any failure by the Court to advise defendant of
16 this, pursuant to Rule ll(b) (1) (J), at the time defendant's guilty
17 pleas are accepted.
18 h. To forfeiture of the Forfeitable Property not being
19 counted toward satisfaction of any special assessment, fine,
20 restitution, or any other penalty the Court may impose, or being
21 counted toward satisfaction of any taxes, penalties, or interest owed
22 to the Internal Revenue Service.
23 THE USAO'S OBLIGATIONS
24 4. The USAO agrees to:
25 a. Not contest facts agreed to in this agreement.
26 b. Abide by all agreements regarding sentencing contained
27 in this agreement.
28
5
1 c. At the time of sentencing, move to dismiss the
2 remaining counts of the indictment (Counts Two and Four) as against
3 defendant. Defendant agrees, however, that at the time of sentencing
4 the Court may consider any dismissed charges in determining the
5 applicable Sentencing Guidelines range, the propriety and extent of
6 any departure from that range, and the sentence to be imposed.
7 d. At the time of sentencing, provided that defendant
8 demonstrates an acceptance of responsibility for the offenses up to
9 and including the time of sentencing, recommend a two-level reduction
10 in the applicable Sentencing Guidelines offense level, pursuant to
11 U.S.S.G. § 3El.1, and recommend and, if necessary, move for an
12 additional one-level reduction if available under that section.
13 e. With respect to Count One and Count Three, recommend
14 that defendant be sentenced to a term of imprisonment of 30 months
15 for each of Count One and Count Three, to run concurrently, followed
16 by a 3-year term of supervised release with terms and conditions to
17 be imposed by the Court and to include the conditions set forth above
18 in paragraph 2, a fine to be determined by the Court, and a special
19 assessment of $200.
20 NATURE OF THE OFFENSES
21 5. Defendant understands that for defendant to be guilty of
22 the crime charged in Count One of the indictment, that is, Engaging
23 in the Business of Dealing Firearms Without a License, in violation
24 of 18 U.S.C. § 922(a) (1) (A), the following must be true:

I
25 a. Defendant was willfully engaged in the business of
26 dealing in firearms within the dates specified in the indictment; and
27 b. Defendant did not then have a license as a firearms
28 dealer.
6
1 6. Defendant understands that for defendant to be guilty of
2 the crime charged in Count Three of the indictment, that is, False
3 Statement During Purchase of Firearm, in violation of 18 U.S.C.
4 § 922 (a) ( 6) the following must be true:
5 a. Proforce Law Enforcement was a licensed firearms
6 dealer;
7 b. In connection with acquiring a firearm, namely, a
8 Smith & Wesson model M&P Shield 9mm caliber semiautomatic pistol,
9 bearing serial number HSR7489, from Proforce Law Enforcement,
10 defendant made a false statement;
11 c. Defendant knew the statement was false; and
12 d. The false statement was material; that is, the false
13 statement had a natural tendency to influence, or was capable of
14 influencing Proforce Law Enforcement into believing that the firearm,
15 a Smith & Wesson model M&P Shield 9mm caliber semiautomatic pistol,
16 bearing serial number HSR7489, could be lawfully sold to defendant
17 when, in truth and in fact, defendant was not the actual buyer.
18 PENALTIES
19 7. Defendant understands that the statutory maximum sentence
20 that the Court can impose for a violation of 18 U.S.C.
21 § 922(a) (1) (A), as charged in Count One of the indictment, is: 5
22 years 1 imprisonment; a 3-year period of supervised release; a fine of
23 $250,000 or twice the gross gain or gross loss resulting from the
24 offense, whichever is greatest; and a mandatory special assessment of
25 $100.
26 8. Defendant understands that the statutory maximum sentence
27 that the Court can impose for a violation of 18 U.S.C. § 922 (a) (6),
28 as charged in Count Three of the indictment, is: 10 years 1
7
1 imprisonment; a 3-year period of supervised release; a fine of
2 $250,000 or twice the gross gain or gross loss resulting from the
4 $100.
5 9. Defendant understands, therefore, that the total maximum
6 sentence for all offenses to which defendant is pleading guilty is:
7 15 years' imprisonment; a 3-year period of supervised release; a fine
8 of $500,000 or twice the gross gain or gross loss resulting from the
10 $200.
11 10. Defendant understands that supervised release is a period
12 of time following imprisonment during which defendant will be subject
13 to various restrictions and requirements. Defendant understands that
14 if defendant violates one or more of the conditions of any supervised
15 release imposed, defendant may be returned to prison for all or part
16 of the term of supervised release authorized by statute for the
17 offense that resulted in the term of supervised release, which could
18 result in defendant serving a total term of imprisonment greater than
19 the statutory maximum stated above.
20 11. Defendant understands that, by pleading guilty, defendant
21 may be giving up valuable government benefits and valuable civic
22 rights, such as the right to vote, the right to possess a firearm,
23 the right to hold office, and the right to serve on a jury.
24 Defendant understands that once the court accepts defendant's guilty
25 pleas, it will be a federal felony for defendant to possess a firearm
26 or ammunition. Defendant understands that the convictions in this
27 case may also subject defendant to various other collateral
28 consequences, including but not limited to revocation of probation,
8
1 parole, or supervised release in another case and suspension or
2 revocation of a professional license. Defendant understands that
3 unanticipated collateral consequences will not serve as grounds to
4 withdraw defendant's guilty pleas.
5 12. Defendant understands that, if defendant is not a United
6 States citizen, the felony convictions in this case may subject
7 defendant to: removal, also known as deportation, which may, under
8 some circumstances, be mandatory; denial of citizenship; and denial
9 of admission to the United States in the future. The Court cannot,
10 and defendant's attorney also may not be able to, advise defendant
11 fully regarding the immigration consequences of the felony
12 convictions in this case. Defendant understands that unexpected
13 immigration consequences will not serve as grounds to withdraw
14 defendant's guilty pleas.
15 FACTUAL BASIS
16 13. Defendant admits that defendant is, in fact, guilty of the
17 offenses to which defendant is agreeing to plead guilty. Defendant
18 and the USAO agree to the statement of facts provided below and agree
19 that this statement of facts is sufficient to support pleas of guilty
20 to the charges described in this agreement and to establish the
21 Sentencing Guidelines factors set forth in paragraph 15 below but is
22 not meant to be a complete recitation of all facts relevant to the
23 underlying criminal conduct or all facts known to either party that
24 relate to that conduct.
25 Background
26 Since on or before January 1, 1995, through at least February

27, 2017, defendant VASKEN KENNETH GOURDIKIAN ("defendant" or
27 "GOURDIKIAN") was employed as a sworn peace officer with the Pasadena
Police Department ("PPD"), a law enforcement agency located in
28
Pasadena, California.
9
1
Beginning on or before March 15, 2014, and continuing through
2 February 9, 2017, in Los Angeles, Orange and San Bernardino Counties,
within the Central District of California, and elsewhere, defendant
3
knowingly and intentionally engaged in the business of dealing in
4 firearms without a license. During the course of his dealings,
defendant arranged the sale of at least one hundred and eight (108)
5 firearms, including the firearms described herein. Many of the
firearms that defendant sold were "off roster" firearms, that, is
6 firearms that defendant's non-law enforcement customers could not
have purchased directly from a licensed firearms dealer.
7
8 Further, on at least one occasion, defendant materially made a

false statement on a re-certification form prior to taking possession
9 of the firearm; that is, defendant misrepresented that he was the
actual buyer of a firearm when, in fact, and as defendant then well
10 knew, he was purchasing the firearm for another individual.
11
Defendant made a business of dealing firearms without a license,
12 in part, by abusing exemptions made available to him under California
law as a sworn peace officer. Of the 108 firearms defendant sold, 80
13 were "off roster" firearms. "Off roster, "non-roster," or "unsafe"
handguns refer to firearms not listed on a roster of handguns
14 maintained by the California State Department of Justice that
specified which handguns can be sold in the State of California by
15 licensed firearms dealers directly to the public. General members of
16 the public (referred to as "non-exempt" purchasers) could not
purchase "off roster" firearms directly from licensed firearms
17 dealers. Defendant, as a sworn peace officer, could purchase
directly from a dealer new off roster hand guns for use in in the
18 discharge of his official duties. Since, at the time, defendant was
not prohibited from reselling off roster handguns to non-exempt
19 persons on the secondary market, defendant exploited the privilege
afforded to him as a law enforcement officer and sold off roster
20
firearms soon after he acquired them to non-exempt purchasers; that
21 is, persons who were not eligible to purchase off roster firearms on
the primary market. On Calguns.net, a members-only online website
22 forum and marketplace devoted to the discussion, sale, and purchase
of firearms ("Calguns.net"), defendant posted advertisements to sell
23 firearms, including firearms described as "off roster," "BNIB [brand
new in box]" and "never fired."
24
25 False Statement Re: The Actual Buyer of a Smith & Wesson Pistol
26 On March 8, 2014, defendant purchased a Smith & Wesson Model M&P

Shield 9mm semiautomatic pistol bearing serial number HSR7489 (the
27 "Smith & Wesson pistol"), and an off roster Glock model 42 .380
caliber semiautomatic pistol, bearing serial number AAPW899 (the
28
10
1 "Glock 42"), at Proforce Law Enforcement, a licensed federal firearms

dealer located in Brea, California ("Proforce").
2
On March 8, 2014, defendant posted on Calguns.net an offer to
3
sell a Smith & Wesson Model M&P Shield 9mm pistol described as "BNIB
4 never fired." On March 9, 2014, defendant updated the post with "SPF
[Sale Pending Funds] to [Purchaser A]."
5
On March 18, 2014, defendant picked up the Smith & Wesson pistol
6 from ProForce and signed a re-certification on a Bureau of Alcohol,
Tobacco, Firearms & Explosives ("ATF") Form 4473 ("Form 4473"). On
7
the Form 4473 defendant falsely responded "Yes" to the question of
8 "Are you the actual transferee/buyer of the firearm(s) listed on this
form?" At the time, defendant knew that he was not the actual buyer
9 of the Smith & Wesson pistol because he was purchasing the Smith &
Wesson pistol for Purchaser A. Defendant's false statement misled
10 ProForce into believing that defendant was the actual buyer when, in
truth and in fact, the Smith & Wesson pistol was for Purchaser A.
11 Defendant's false statement was material because had he revealed that
12 he was purchasing the gun on behalf of Purchaser A, the sale would
not have proceeded as ProForce could not sell a gun to an absentee
13 purchaser. Later that same day, defendant traveled to Ammo Brothers
in Ontario, California, and sold the Smith & Wesson pistol to
14 Purchaser A.
15 Sale of Off Roster Firearms
16
On May 23, 2015, defendant went to ProForce to purchase an off
17 roster Glock model 43 pistol bearing serial number ZMY218. Defendant
presented a letter dated May 21, 2015, issued by the Pasadena Police
18 Department, Chief of Police, requesting that the 10-day waiting
period be waived and stating that defendant was a "full-time paid
19 Police Lieutenant with the Pasadena Police Department," that
defendant was authorized to carry a firearm in the performance of his
20
duties, and that the firearm being purchased, which the letter
21 identified as a Glock 43 pistol, would "be used off duty and is not
being purchased for resale." By presenting this letter, defendant
22 did not have to wait the usual ten-day waiting period. Instead,
defendant took possession of the Glock 43 pistol bearing serial
23 number ZMY218 at that transaction. While at Proforce for that
transaction, defendant purchased eight additional handguns on the
24
same day, including another Glock 43 pistol, this one bearing serial
25 number ZMY219. In doing so, defendant further capitalized on his
peace officer status, which exempted him from a California law that
26 generally prohibited the purchase of more than one handgun within any
30-day period. On May 28, 2015, he posted a Calguns ad for a Glock
27 43 pistol. On June 2, 2015, at the end of the 10-day waiting period,
defendant picked up those eight handguns from Proforce.
28
11
1 On June 4, 2015, at Ammo Bros in Cerritos, California, defendant

sold the Glock 43 bearing serial number ZMY219 to Purchaser B. The
2 next day, on June 5, 2015, he sold the Glock 43 bearing serial number
ZMY218, along with seven of the eight handguns he had purchased on
3
May 23 2018, to Purchaser C.
4
On June 20, 2015, at ProForce in Brea, California, defendant
5 purchased two off roster firearms: a Sig Sauer model 1911 Emperor
Scorpion pistol, bearing serial number 54B090301 (the "Sig Sauer
6 Emperor Scorpion"), and a Colt model CQBP pistol, bearing serial
numbers 9229EGA (the "Colt CQBP").
7
8
On June 22, 2015, at All State Police Equipment in Pomona,
California, defendant purchased two additional off roster firearms: a
9 Sig Sauer Model P220 .45 semiautomatic pistol, bearing serial number
8508354 (the "Sig Sauer P220"), and a Colt model Rail Gun .45 caliber
10 pistol, bearing serial number RG13501 (the "Colt Rail Gun"). On July
4, 2015, defendant posted two Calguns.net ads. The first post
11 offered to sell the Sig Sauer Emperor Scorpion, described as "never
been fired," for $1,400 and the Sig Sauer P220, described as "nearly
12
new," for $1,000. In the second Calguns.net ad, defendant offered to
13 sell the Colt CQBP and the Colt Rail Gun firearms, describing both as
"never been fired," "BNIB," and "off roster." On July 5, 2015,
14 defendant posted that the Colt Rail Gun was "SPF," that is, sold
pending funds, but that the Colt CQBP was "still up for grabs."
15
On July 6, 2015, at Turner's Outdoorsman in Rancho Cucamonga,
16
California, defendant sold the off roster Colt Rail Gun to Purchaser
17 D. On July 17, 2015, at Gunrunners in Duarte, California, defendant
sold to non-exempt repeat Purchaser C the following off roster
18 firearms: (1) the Sig Sauer Emperor Scorpion pistol; (2) the Colt
CQBP pistol; and (3) the Sig Sauer P220 pistol.
19
Sale of Mossberg Shotgun to Undercover Agent
20
On February 8, 2017, defendant posted a Calguns.net
21 advertisement for a Mossberg Model SPX 12-gauge shotgun. The
22 advertisement described the Mossberg shotgun as "new in box" and
"never fired" and stated a price of "$700 Firm." The next day, at
23 All State Police Equipment Company located in Pomona, California,
defendant sold a Mossberg model SPX 12-gauge shotgun, bearing serial
24 number AF133663, to a customer who was, in fact, an ATF agent working
in an undercover capacity, in exchange for $700 in cash.
25
26 II
27 II
28 II
12
1
SENTENCING FACTORS
2
14. Defendant understands that in determining defendant's
3
sentence the Court is required to calculate the applicable Sentencing
4
Guidelines range and to consider that range, possible departures
5
under the Sentencing Guidelines, and the other sentencing factors set
6
forth in 18 U.S.C. § 3553(a). Defendant understands that the
7
Sentencing Guidelines are advisory only, that defendant cannot have
8
any expectation of receiving a sentence within the calculated
9
Sentencing Guidelines range, and that after considering the
10
Sentencing Guidelines and the other§ 3553(a) factors, the Court will
11
be free to exercise its discretion to impose any sentence it finds
12
appropriate up to the maximum set by statute for the crimes of
13
conviction.
14
15. Defendant and the USAO agree to the following applicable
15
Sentencing Guidelines factors:
16
Base Offense Level: 12 U . S . S . G . § 2 K2 . 1 (a) ( 7 )
17
100 to 199 Firearms + 8 U.S.S.G. § 2K2.l(b) (1) (D)
18
Abuse of Position of Trust + 2 U.S.S.G. § 3Bl.3
19
Defendant and the USAO reserve the right to argue that additional
20
specific offense characteristics, adjustments, and departures under
21
the Sentencing Guidelines are appropriate.
22
16. Defendant understands that there is no agreement as to
23
defendant's criminal history or criminal history category.
24
17. Subject to the USAO's obligations in paragraph 4.e,
25
defendant and the USAO reserve the right to argue for a sentence
26
outside the sentencing range established by the Sentencing Guidelines
27
28
13
1 based on the factors set forth in 18 U.S.C. § 3553 (a) (1), (a) (2),
2 (a ) ( 3 ) , ( a ) ( 6 ) , and ( a) ( 7 ) .
3 WAIVER OF CONSTITUTIONAL RIGHTS
4 18. Defendant understands that by pleading guilty, defendant
5 gives up the following rights:
6 a. The right to persist in a plea of not guilty.
7 b. The right to a speedy and public trial by jury.
8 c. The right to be represented by counsel - and if
9 necessary have the Court appoint counsel - at trial. Defendant
10 understands, however, that, defendant retains the right to be
11 represented by counsel - and if necessary have the Court appoint
12 counsel - at every other stage of the proceeding.
13 d. The right to be presumed innocent and to have the
14 burden of proof placed on the government to prove defendant guilty
15 beyond a reasonable doubt.
16 e. The right to confront and cross-examine witnesses
17 against defendant.
18 f. The right to testify and to present evidence in
19 opposition to the charges, including the right to compel the
20 attendance of witnesses to testify.
21 g. The right not to be compelled to testify, and, if
22 defendant chose not to testify or present evidence, to have that
23 choice not be used against defendant.
24 h. Any and all rights to pursue any affirmative defenses,
25 Fourth Amendment or Fifth Amendment claims, and other pretrial
26 motions that have been filed or could be filed.
27
28
14
1 WAIVER OF APPEAL OF CONVICTION
2 19. Defendant understands that, with the exception of an appeal
3 based on a claim that defendant's guilty pleas were involuntary, by
4 pleading guilty defendant is waiving and giving up any right to
5 appeal defendant's convictions on the offenses to which defendant is
6 pleading guilty.
7 LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE
8 20. Defendant agrees that, provided the Court imposes a total
9 term of imprisonment on all counts of conviction of no more than the
10 high end of the Guidelines range based on a total offense level of 19
11 and defendant's Criminal History Category as calculated by the Court,
12 defendant gives up the right to appeal all of the following: (a) the
13 procedures and calculations used to determine and impose any portion
14 of the sentence; (b) the term of imprisonment imposed by the Court;
15 (c) the fine imposed by the Court, provided it is within the
16 statutory maximum; (d) the term of probation or supervised release
17 imposed by the Court, provided it is within the statutory maximum;
18 (e) the Court's entry of an order of forfeiture as to the Forfeitable
19 Property; and., (f) any of the following conditions of probation or
20 supervised release imposed by the Court: the conditions set forth in
21 General Orders 318, 01-05, and/or 05-02 of this Court; and the drug
22 testing conditions mandated by 18 U.S.C. §§ 3563(a) (5) and 3583(d);
23 and the alcohol and drug use conditions authorized by 18 U.S.C.
24 § 3563 (b) (7).
25 21. The USAO agrees that, provided (a) all portions of the
26 sentence are at or below the statutory maximum specified above and
27 (b) the Court imposes a term of imprisonment of no less than the low
28 end of the Guidelines range based on a total offense level of 19 and
15
1 defendant's Criminal History Category as calculated by the Court, the
2 USAO gives up its right to appeal any portion of the sentence.
3 RESULT OF WITHDRAWAL OF GUILTY PLEA
4 22. Defendant agrees that if, after entering guilty pleas
5 pursuant to this agreement, defendant seeks to withdraw and succeeds
6 in withdrawing defendant's guilty pleas on any basis other than a
7 claim and finding that entry into this plea agreement was
8 involuntary, then (a) the USAO will be relieved of all of its
9 obligations under this agreement; and (b) should the USAO choose to
10 pursue any charge or any civil, administrative, or regulatory action
11 that was either dismissed or not filed as a result of this agreement,
12 then (i) any applicable statute of limitations will be tolled between
13 the date of defendant's signing of this agreement and the filing
14 commencing any such action; and (ii) defendant waives and gives up
15 all defenses based on the statute of limitations, any claim of pre-
16 indictment delay, or any speedy trial claim with respect to any such
17 action, except to the extent that such defenses existed as of the
18 date of defendant's signing this agreement.
19 RESULT OF VACATUR, REVERSAL OR SET-ASIDE
20 23. Defendant agrees that if any count of conviction is
21 vacated, reversed, or set aside, the USAO may: (a) ask the Court to
22 resentence defendant on any remaining count of conviction, with both
23 the USAO and defendant being released from any stipulations regarding
24 sentencing contained in this agreement, (b) ask the Court to void the
25 entire plea agreement and vacate defendant's guilty plea on any
26 remaining count of conviction, with both the USAO and defendant being
27 released from all their obligations under this agreement, or (c)
28 leave defendant's remaining conviction, sentence, and plea agreement
16
1 intact. Defendant agrees that the choice among these three options
2 rests in the exclusive discretion of the USAO.
3 EFFECTIVE DATE OF AGREEMENT
4 24. This agreement is effective upon signature and execution of
5 all required certifications by defendant, defendant's counsel, and an
6 Assistant United States Attorney.
7 BREACH OF AGREEMENT
8 25. Defendant agrees that if defendant, at any time after the
9 signature of this agreement and execution of all required
10 certifications by defendant, defendant 1 s counsel, and an Assistant
11 United States Attorney, knowingly violates or fails to perform any of
12 defendant's obligations under this agreement ("a breach"), the USAO
13 may declare this agreement breached. All of defendant's obligations
14 are material, a single breach of this agreement is sufficient for the
15 USAO to declare a breach, and defendant shall not be deemed to have
16 cured a breach without the express agreement of the USAO in writing.
17 If the USAO declares this agreement breached, and the Court finds
18 such a breach to have occurred, then: (a) if defendant has previously
19 entered guilty pleas pursuant to this agreement, defendant will not
20 be able to withdraw the guilty pleas, and (b) the USAO will be
21 relieved of all its obligations under this agreement.
22 26. Following the Court's finding of a knowing breach of this
23 agreement by defendant, should the USAO choose to pursue any charge
24 or any civil, administrative, or regulatory action that was either
25 dismissed or not filed as a result of this agreement, then:
26 a. Defendant agrees that any applicable statute of
27 limitations is tolled between the date of defendant 1 s signing of this
28 agreement and the filing commencing any such action.
17
1 b. Defendant waives and gives up all defenses based on
2 the statute of limitations, any claim of pre-indictment delay, or any
3 speedy trial claim with respect to any such action, except to the
4 extent that such defenses existed as of the date of defendant 1 s
5 signing this agreement.
6 c. Defendant agrees that: (i) any statements made by
7 defendant, under oath, at the guilty plea hearing (if such a hearing
8 occurred prior to the breach); (ii) the agreed to factual basis
9 statement in this agreement; and (iii) any evidence derived from such
10 statements, shall be admissible against defendant in any such action
11 against defendant, and defendant waives and gives up any claim under
12 the United States Constitution, any statute, Rule 410 of the Federal
13 Rules of Evidence, Rule ll(f) of the Federal Rules of Criminal
14 Procedure, or any other federal rule, that the statements or any
15 evidence derived from the statements should be suppressed or are
16 inadmissible.
17 COURT AND PROBATION OFFICE NOT PARTIES
18 27. Defendant understands that the Court and the United States
19 Probation Office are not parties to this agreement and need not
20 accept any of the USA0 1 s sentencing recommendations or the parties 1
21 agreements to facts or sentencing factors.
22 28. Defendant understands that both defendant and the USAO are
23 free to: (a) supplement the facts by supplying relevant information
24 to the United States Probation Office and the Court, (b) correct any
25 and all factual misstatements relating to the Court 1 s Sentencing
26 Guidelines calculations and determination of sentence, and (c) argue
27 on appeal and collateral review that the Court 1 s Sentencing
28 Guidelines calculations and the sentence it chooses to impose are not
18
1 error, although each party agrees to maintain its view that the
2 calculations in paragraph 15 are consistent with the facts of this
3 case. While this paragraph permits both the USAO and defendant to
4 submit full and complete factual information to the United States
5 Probation Office and the Court, even if that factual information may
6 be viewed as inconsistent with the facts agreed to in this agreement,
7 this paragraph does not affect defendant's and the USAO's obligations
8 not to contest the facts agreed to in this agreement.
9 29. Defendant understands that even if the Court ignores any
10 sentencing recommendation, finds facts or reaches conclusions
11 different from those agreed to, and/or imposes any sentence up to the
12 maximum established by statute, defendant cannot, for that reason,
13 withdraw defendant's guilty plea, and defendant will remain bound to
14 fulfill all defendant's obligations under this agreement. Defendant
15 understands that no one not the prosecutor, defendant's attorney,
16 or the Court - can make a binding prediction or promise regarding the
17 sentence defendant will receive, except that it will be within the
18 statutory maximum.
19 NO ADDITIONAL AGREEMENTS
20 Defendant understands that, except as set forth herein, there are no
21 promises, understandings, or agreements between the USAO and
22 defendant or defendant's attorney, and that no additional promise,
23 understanding, or agreement may be entered into unless in a writing
24 signed by all parties or on the record in court.
25 II
26 II
27 //
28 II
19
1 PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING
2 30. The parties agree that this agreement will be considered
3 part of the record of defendant's guilty plea hearing as if the
4 entire agreement had been read into the record of the proceeding.
5 AGREED AND ACCEPTED
6 UNITED STATES ATTORNEY'S OFFICE

FOR THE CENTRAL DISTRICT OF
7 CALIFORNIA
8 NICOLA T. HANNA
10
t "~/
Date
11 JENNIFER CHOU
!~//
Assistant United States "Attorneys
12
13 VASKEN K. GOURDIKIAN Date

Defendant
14
15 MARK J. WERKSMAN Date

Attorney for
16 Defendant Vasken K. Gourdikian
17
18
19
20
21 CERTIFICATION OF DEFENDANT
22 I have read this agreement in its entirety. I have had enough
23 time to review and consider this agreement, and I have carefully and
24 thoroughly discussed every part of it with my attorney. I understand
25 the terms of this agreement, and I voluntarily agree to those terms.
26 I have discussed the evidence with my attorney, and my attorney has
27 advised me of my rights, of possible pretrial motions that might be
28 filed, of possible defenses that might be asserted either prior to or

20
1 PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING

2 30. The parties agree that this agreement will be considered
3 part of the record of defendant's guilty plea hearing as if the
4 entire agreement had been read into the record of the proceeding.
5 AGREED AND ACCEPTED
6 UNITED STATES ATTORNEY'S OFFICE
FOR THE CENTRAL DISTRICT OF
7 CALIFORNIA
8 NICOLA T. HANNA
United States Att,orney
9
10
Date
11
Attorneys
12
13 ASKEN K. GOURDIKIAN
14
15
MM- V\J~
MARK J. WERKSMAN
Attorney for
V
16 Defendant Vasken K. Gourdikian

17
18
19
20
21 CERTIFICATION OF DEFENDANT
22 I have read this agreement in its entirety. I have had enough
23 time to review and consider this agreement, and I have carefully and
24 thoroughly.discussed every part of it with my attorney. I understand
25 the terms of this agreement, and I voluntarily agree to those terms.
26 I have discussed the evidence with my attorney, and my attorney has
27 advised me of my rights, of possible pretrial motions that might be
28 filed, of possible defenses that might be asserted either prior to or
20
1 at trial, of the sentencing factors set forth in 18 U.S.C. § 3553(a),

2 of relevant Sentencing Guidelines provisions, and of the consequences
3 of entering into this agreement. No promises, inducements, or .")'.·,
..
1 ~
4 representations of any kind have been made to me other than those '
5 contained in this agreement. No one has threatened or forced me in

6 any way to enter into this agreement. I am satisfied with the
7 representation of my attorney in this matter, and I am pleading
8 guilty because I am guilty of the charges and wish to take advantage.
9 of the promises set forth in this agreement, and not for any other
10
11
12 GOURDIKIAN o::fa#:
13
14
15
16
17 CERTIFICATION OF DEFENDANT'S ATTORNEY
18 I am VASKEN KENNETH GOURDIKIAN's attorney. I have carefully and
19 thoroughly discussed every part of this agreement with my client.
20 Further, I have fully advised my client of his rights, of possible
21 pretrial motions that might be filed, of possible defenses that might
22 be asserted either prior to or at trial, of the sentencing factors
23 set forth in 18 u.s.c. § 3553(a), of relevant Sentencing Guidelines
24 provisions, and of the consequences of entering into this agreement.
25 To my knowledge: no promises, inducements, or representations of any
26 kind have been made to my client other than those contained in this
27 agreement; no one has threatened or forced my client in any way to
28 enter into this agreement; my client's decision to enter into this
21
1 agreement is an informed and voluntary one; and the factual basis set
2 forth in this agreement is sufficient to support my client's entry of
5
m
guilty pleas pursuant to this agreement.
cJt, \rJ_____
MARK J, WERKSMAN
Attorney for Defendant
6 VASKEN KENNETH GOURDIKIAN
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
22
EXHIBIT A
ASSET lP l\SSET PESCR!PT!ON V!N/SERll\.L NO
17-·J\TF-007731 Spr i.ngfield Armory, Genouoo, !L Operator ?iatol CAL i 45 NM364243

l 7-1\TF-00'/735 Wilson Cotabat CQB ~J.atol c;111,: •10 SH:WCT3534•1 WCTJ534•l
17-/\TF-OO?? 36 Springfield l\r.mory, Geneseo, n opera to~ Piatol Cl\L: 45 NM362Hl
17-ATF-007731 Sig Sauer (SLg-llzms) P227 Pistol CAL:45 SH:51B010996 51!JOl8956
17-l\TF•007738 Glock Inc. 42 Pistol Ci\L:380 SN:i\B11ll683 /\!!Hil683
17-i\Tu-007739 Colt COl1U1\ander ?.i8tol Cl\L:45 SN:CJ01182 CJ07182
17·ATF•007740 Springfield Armory, Gonosao, IL Operato~ eistol Ci\L:45 NM294~10
17-ATl<'-0071'11 Smith & Nosaon t-l&l' 9 Shiol<l Pistol CAL: 9 SU:HAS'/827 l!/\S"/027
1?-M'F•00'/7,)2 Sig Sauer (Sig•/lrm$) P226 Pistol C/IL:9 SN:47A0•15529 47/\045529
l'I-A'fF-00'/1,\3 Glock GHBH 2?GEN4 eitJtol Cl\L: 10 SN:'l'Zl\800 TZ!\808
11-ATF-007711 Glock GHBH 22 Piatol Cl\L:40 SN:LYK339 t,Yl039
17-A'tr!-00'/745 Smith G Wesson llir:,rnight l\,:,vol.ver CAL:38 SN:DCW/120 DCW7120
17-A'rli'-OOT/46 Glock GHllll •11GEN4 Pistol CALI 4~ SM:B1\TO•l62 Bll'fU462
l.7-i'WF-007'/,)7 Critical CapabilHieu He 9 Receiver/E'r,ime CIIL:~lultJ. SM CC901232
U•ll'rF-001740 Wilson Co1nbat u11known Rt!lceieva,:/Frama CIIL:Multi sN:NCll WC82310
17-AT!i'-00'1'149 Colt COl1\l1\ander Pintol C/IJ,:•15 SN:•1089WCA 4089WCII
11·A1'F-0017 50 Springfield Armory, Geneseo, IL ti:HP E'lstol CAL: 9 SN: EM Et-!?32134
17-A1'F-007151 Spike's Tactlcnl LLC S1'15 Rifle C/\L:Multl St-l:SCR-02286 SCR-022865
17-AT!<'-007857 HS Products (IM Metal) XD45 Pistol cnL:45 St-1:93225112 $3?.25712
17-IITF-007059 Springfield Armocy, G~neaeo, IL PEofes3ional Pistol C CI\G4415
17-i\1'1:'-007862 Glock GMBH 19 Piatol CI\L:9 Sfl:Bl\011688 Bi\.U/1680
l'/-/\TE'-007863 Colt DeltD Elite J?istoJ. Ci\I.:10 SH:DS31845 DS31045
17-ll'XF-007864 Sig Sauer (Sig-Arm9) 1911 Pl&tol CIIL:45 im:54B016735 54B01G735
l'/•/\Ti;'··007865 Smith ~ Neason 12 Revolver Cl\L: 30 SN: 1603.288 1603208
l"J•/IT~'-007066 tHghthnwk custom GRP P1stol CAL: •)5 SN:NCU500"/ NCn5007
11•l\Tl•001867 Glock Inc. 23 eiatol C/\L:40 SN:Bl\NC67'/ BMlC611
l"I-/ITl?-007868 Sig Sauer (S.ig-Arm~) e229 J?.l.stol CAL: 9 SH: 55il0526H 55ll0521il.4
17-l\'l'f-007870 Glod GM8fl 19 ei~tol CAL: 9 SN:3.521L,".\/ J521LAV
l"/-ATF-00'1871 Glod: GMBll 11 l'.latol C/11,: 9 SN: 16541,1\V 1654L/111
17-A'rf-00'/072 Sig Sauer (Sig-Arms) e2?.6 P.lstol CAL:9 SN:•l7A134935 fl 7113 4935
11-ATF'-007876 Si.g Sauer: (Sig-llrm.q) 19ll FJ.stol C/\L:45 SN:54B042110 540042110
17-IIT!i'-007UlJl Colt Govornmant &i~tol CAL: •15 SN:CCSOJ.2239 CCS0.t2239
17-M'E'-001803 Spike'o Tacti.cal I,LC Unknown Receiver/Frame C/l[,:Unkno>1 022302
17-l\'l'F-007884 Moves~e Rifloworks LLC N4 Rece~ver/E'nime CIIL:Multl. SN: :<10221
17-l\1'F-001087 Ruger l.0/22 RHle CIIL:2?. SH:823-GOqao 823-60•180
l'i'·A'rE'-007808 Unknown ManuJ:ac:turer Unknown Receiver/J;•rame CIIL: 556 SN VKG-556•26
1'1-ATJ\'•007889 Springfield Armory, (lenoneo, tL Oporatot l'iotol CAL:45 NM331581
17··/l'rE'-007890 Colt t-145111 CQBP Piotol Cl\L: 4S SH: 06178EGA. 06778P.Gi\·
17-/\Tf'-007891 Glock GMBH 40 Pi9tol CI\L: •10 SN: SCLT661 BC1t661
l 7-A!'f'-007892 Glock GMBH 21 Pi:itol Cl\/,: 45 SN: RKl.'632 RKP632
17-l\.Tf'•00./893 Glock OMBII 35 Pistol CI\I,: 40 SN: LLS106 LLS706
1'1··ATF•001901 U, S, l\utoweapons, LLC USM4 Rifle C/\L: 556 SN: US,\ 5-'>6•60 Us/I 556-60042
17·ATF•001903 lldda:< Tactl.cal Incorporated l\ddax-7,K Rifle C/IL: 556 SM: I\T0002U
17··1\Tr-00·1904 Daniel Defenao Xnc. 005 Vl RiJ:le Cllf,:762 sN:005004436 OD5004436
l'i'-ll'rl."•007906 l?Olt USl\ ll.'11triot orclnanr;~ b'actoi:yl e-300 R.iC.le Cl\L:Mul 13lll\-lol934
EXHIBIT_A_000001
l:l-)\'l'F•007907 Sig Sauer (S.ig-Arms) Sig 516 Rifle CAL: 556 SN: 5'.'.F-006?3 531':00613')
17·/\'fF-007908 P1'R 1.nduatrien Inc. (P~'R-91 1.nc,) P'PR91 Rifle C/\!,:308 M115780
1'/-A'ff-00'1910 Rern.lngton Arins Company 870 Shotgun CAI,: 12 SN: RS1350'/0 l\Sl3$0'1D
17•1\TF-00'/911 F.N. (rn Herocal) Scar 16S Ril'le C71L:55(i SN:LC29792 LC?.9792
l 7-ATF-00'1912 Col.t Unf:oown P.l.fle Cl\L:Unknown SN :CRPlOC/\ CRl.'lOC/1
17-ATF-007913 S.i.9 SL\Uer {Sig-Arms) Sig 7l6 Rl.fle Ci\L: 762 SN: 22C00709 22C001090
17-ATF-007915 Danial Defcnae Inc. M4 Carbine Rifla C/\L:Nulti SN:DOO DD039226P ., .....
J"/•ATf•007916 LWRC (Leitner lo/ise Rlfla Co, Inc,) REPR !Ufle Ci\L:7132 74-127!)3
l 7-A'rF-00'/917 Mossberg 9:JO Shotgun Cl\L: 12 SN :iU-151070 hns107o
17•/\'1'!'•001918 LWRC (i,oiener Wise Rifle Co, Inc.) M6IC-SPR Rifle Cl\L: 24•01511
l'l•Mf-007919 PO}" OS/\ (~atdot Ordnance l.'ac:tory) P·415 RH.le C/\1,:Mul 13!lB•12550
11-/\TF-007920 Bonelli, S. P/\. N4 Shotgun Cl\L:12 SN:Y068&43W '{0686431·1
17-A'IF-007921 Bushmaster l'ir.earma BACR Rifle Cl\),:Multi SN:I\CRC003244 l\CRC003244
11-IITl'-007922 llenry Repi>nting Rifle Company ll004ES Rifla C/\1.:22 SN:t:: ES11222
17-M'b'-001923 1:or USA (Patriot O~dnance Factory) l'-415 Rifle CAL:Mul 14RB-01055
17•/\T;'-007926 ~-.11. (rH ller.~tall Scar Rifle CAL:762 S1l:IIC41504 HC41504
EXHIB1T_A_000002
!.
EXHIBIT B
VJ:H/S'11'\1AL HO
10-l\'1'1'-01561'1 Glock GMBII 22GEN4 Pisl:ol Ci\!,; 40 SN, PEH283
10-M't'-015618 Colt l-145/1.l CQ!le !!L~Col C/1.L: 45 SN :06109~Gl\
10-A'l'f•Ol5(i19 Remington nrms company, lnc, 870 l'oL\oe Magnum Shotg1m
lS-l\n·-015620 .~r.1ith & nasson M•P 1s-22 l\lf la CAL: 7.2 Sll: HBi'4685
18-I\Tf-015622 H11tther HR Ml'S Rifle CAL:22 SN:liGOl9l96
EXHIBIT_8_000001
i .
EXHIB.IT C
ASSET ID ASSET DESCRIPTION VIN/SERIAL NUMBER

17-ATF-007914 Sig Sauer (Sig-Arms) MPX SN: 62B010897
Rifle CAL: Multi
EXHIBIT Cl
'
1 CERTIFICATE OF SERVICE
2 I, Norma Vizcarra, declare:
3 That I am a citizen of the United States and a resident of or
4 employed in Los Angeles County, California; that my business address
5 is the Office of United States Attorney, 312 North Spring Street,
6 Los Angeles, California 90012; that I am over the age of 18; and
7 that I am not a party to the above-titled action;
8 That I am employed by the United States Attorney for the
9 Central District of California, who is a member of the Bar of the
10 United States District Court for the Central District of California,
11 at whose direction I served a copy of:
12
PLEA AGREEMENT FOR DEFENDANT VASKEN KENNETH GOURDIKIAN
13
14 D Placed in a sealed envelope

D Placed in a closed envelope for collection and mailing via
for collection and inter-
15 office delivery, addressed as United States mail, addressed as
follows: follows:
16 Mark J. Werksman, Esq.
WERKSMAN JACKSON HATHAWAY & QUINN
17 888 West Sixth Street
Fourth Floor
18 Los Angeles, CA 90017
19
D By hand delivery, addressed D By facsimile, as follows:
20 as follows:
21
D By messenger, as follows: D By E-mail, as follows:
22
23
24 This Certificate is executed on September 7, 2018 at Los

25 Angeles, California. I certify under penalty of perjury that the
26 foregoing is true and correct.
27 /s/ Norma Vizcarra
28

Gourdikian Plear Agreement

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Case 2:18-cr-00104-SVW Document 27 Filed 09/07/18 Page 1 of 31 Page ID #:98

10 Attorneys for Plaintiff

20 1. This constitutes the plea agreement between VASKEN KENNETH

21 GOURDIKIAN ("defendant") and the United States Attorney's Office for

22 the Central District of California (the "USAO") in the above-

23 captioned case. This agreement is limited to the USAO and cannot

24 bind any other federal, state, local, or foreign prosecuting,

25 enforcement, administrative, or regulatory authorities.

2 2. Defendant agrees to:

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

5 Three of the indictment in United States v. Vasken Kenneth

6 Gourdikian, CR No. 18-104-SVW, which charge defendant with Engaging

7 in the Business of Dealing in Firearms Without a License, in

8 violation of 18 U.S.C. § 922(a) (1) (A) (Count One), and False

9 Statement During Purchase of Firearm, in violation of 18 U.S.C.

10 § 922 (a) (6) (Count Three).

12 c. Abide by all agreements regarding sentencing contained

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

16 any other ongoing court order in this matter.

18 excluded for sentencing purposes under United States Sentencing

19 Guidelines ("U.S.S.G." or "Sentencing Guidelines") § 4Al.2(c) are not

20 within the scope of this agreement.

21 f. Be truthful at all times with Pretrial Services, the

22 United States Probation Office, and the Court.

24 before the time of sentencing unless defendant lacks the ability to

25 pay and prior to sentencing submits a completed financial statement

26 on a form to be provided by the USAO.

1 3. Defendant further agrees:

2 a. To hereby forfeit, on behalf of himself and any entity

3 in which defendant has ever held an ownership interest, operated as a

4 sole proprietorship or served as an officer, director, manager,

5 partner or other representative (which entities are collectively

6 referred to herein as the "defendant entities" and include, without

7 limitation, defendant doing business as "Blue Smoke") to the United

8 States of America all of defendant's right, title, and interest in

9 the following items more particularly described in Exhibits A, B, and

10 C attached hereto, collectively referred to herein as the

11 "Forfeitable Property" and (as reflected in Exhibits A, B, and C)

12 designated by the United States of America with Consolidated Asset

13 Tracking System Identification Numbers 17-ATF-007731, 17-ATF-007735

14 through 17-ATF-007751, 17-ATF-007857, 17-ATF-007859, 17-ATF-007862

15 through 17-ATF-007868, 17-ATF-007870 through 17-ATF-007872, 17-ATF-

16 007876, 17-ATF-007881, 17-ATF-007883, 17-ATF-007884, 17-ATF-007887

17 through 17-ATF-007893, 17-ATF-007901, 17-ATF-007903, 17-ATF-007904,

18 17-ATF-007906 through 17-ATF-007908, 17-ATF-007910 through 17-ATF-

19 007913, 17-ATF-007915 through 17-ATF-007923, 17-ATF-007926, 18-ATF-

20 015617 through 18-ATF-015620 and 18-ATF-015622.

21 b. That the Forfeitable Property shall, at the sole

22 election of the United States of America, be criminally forfeited or

23 civilly forfeited, administratively or judicially, pursuant to 18

24 U.S.C. § 924(d) (1) or otherwise.

25 c. To deliver to the undersigned Assistant United States

26 Attorneys, within fourteen (14) calendar days of defendant's

27 execution of this plea agreement and in a form acceptable to the

28 United States of America, a waiver and release of third party claims

1 to the Forfeitable Property whereby third parties waive any of their

2 rights to contest the forfeiture of the Forfeitable Property.

3 d. To hereby withdraw, on behalf of himself and the

4 defendant entities, any claim defendant or the defendant entities

5 submitted to the United States Department of Justice, Bureau of