Keuylian

United States v. Keuylian

Good Law

23 F. Supp. 3d 1126·2014 WL 2458602·2014 U.S. Dist. LEXIS 77214

United States District Court, Central District of CaliforniaJune 2, 2014Case No. SACR 13-00047-CJCCalifornia2,109 words

Opinion

Lead Opinion

Carney, J.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE INDICTMENT

I. INTRODUCTION

Defendant Viken Keuylian is charged with a single count of wire fraud in violation of 18 U.S.C. § 1343 . The Indictment alleges that Mr. Keuylian, the owner of two Lamborghini dealerships in Southern California, engaged in a scheme to defraud Volkswagen Credit Inc. (“VCI”) by selling 54 cars with the intent to not pay back the $12.6 million VCI advanced to finance his purchase of the cars. Mr. Keuylian now challenges the sufficiency of the Indictment. (Dkt. No. 16 [“Mot. Dismiss”].) Aside from its recitation of the statutory language, the Indictment fails to allege any affirmative act of deception, and also fails to allege that VCI was ever deceived. The Indictment therefore does not allege the essential facts of a “scheme or artifice to defraud” necessary to properly inform Mr. Keuylian of the nature of the wire fraud charge against him. Accordingly, Mr. Keuylian’s motion to dismiss the Indictment is GRANTED.

*1127 II. BACKGROUND

Mr. Keuylian owned and controlled two authorized Lamborghini dealerships, which did business under the names Lamborghini of Orange County and Lamborghini of Calabasas. (Dkt.…

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