United States of America v. Davis Kiryakoz

Case Number: 5:16-cr-00039-BLF

Judge: Beth Labson Freeman

Court: United States District Court for the Northern District of California (Santa Clara County)

Plaintiff's Attorney: Cynthia Frey and Elisa Etter

Defendant's Attorney: Jay Rorty

Description: San Jose, CA - Modesto Resident Pleads Guilty To Conspiracy To Transport Stolen Wine

Davis Kiryakoz pleaded guilty to conspiracy to transport stolen goods. The plea agreement, accepted by the Honorable Beth Labson Freeman, U.S. District Judge, identifies the stolen goods as wines valued at over $870,000, more than $370,000 of which defendant arranged to have shipped in interstate commerce.

According to the plea agreement, Kiryakoz, 44, of Modesto, admitted that between March of 2013 and January of 2015, he entered into an agreement with one or more co-conspirators to transport stolen goods in interstate commerce. Specifically, Kiryakoz admitted he conspired to sell stolen high end wines. Kiryakoz admitted that he knew the wines were stolen because he was involved in stealing them.

As part of his plea agreement, Kiryakoz acknowledged he conspired to steal and transport wines from three locations. The defendant conspired to steal approximately 110 bottles of high end wines from the French Laundry, a restaurant in Yountville, Calif. The heist took place in the early morning hours the day after Christmas in 2014 and resulted in the theft of wines valued at the time at approximately $549.447. Kiryakoz acknowledged that after stealing the wine, he and a co-conspirator arranged to ship the wine to a buyer in North Carolina from several cities in California, including Modesto, San Jose, and Los Gatos. Kiryakoz admitted he and a co-conspirator actually shipped 63 bottles of the wine, valued at over $200,000, to the North Carolina buyer in exchange for several wire transfers. Eventually, however, the buyer learned the wines had been stolen from the French Laundry and refused to make further payments for the stolen goods.

Kiryakoz also admitted making arrangements to ship approximately 17 bottles of wine valued at approximately $25,550 stolen from Alexander’s Steakhouse in Cupertino, Calif. Kiryakoz admitted he conspired to steal approximately 29 bottles of high end wines from the restaurant, with a total value of approximately $32,000. The wines were stolen in the early morning hours of November 8, 2014.

In addition, Kiryakoz admitting conspiring with others to arrange for the theft of wines from Fine Wines International in San Francisco. According to the agreement, 142 bottles of wine valued at approximately $290,000 was stolen from the outlet shortly after midnight on March 27, 2013. Kiryakoz admitted that the value of the wines he actually shipped from this lot was approximately $127,755.

A federal grand jury indicted Kiryakoz on February 2, 2016, charging him with one count of conspiracy to transport stolen goods, in violation of 18 U.S.C. § 371, and additional offenses related to the transportation of stolen goods. Pursuant to today’s plea agreement, Kiryakoz pleaded to the conspiracy charge.

Kiryakoz currently is out of custody and is scheduled to be sentenced by Judge Freeman on March 28, 2017, at 8:30 a.m.

The prosecution is the result of an investigation by the Federal Bureau of Investigation and the Napa County Sheriff's Office, with assistance from the Santa Clara County Sheriff's Office, Los Gatos Monte Sereno Police Department, San Francisco Police Department, Walnut Creek Police Department, and Carmel Police Department.

Outcome: Guilty

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Defendant's Experts:

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