People v. Artykov CA1/3

Filed 5/20/22 P. v. Artykov CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A159613 v. AZIZ ARTYKOV, (Contra Costa County Super. Ct. No. 51712447) Defendant and Appellant.

Aziz Artykov appeals from a trial court order requiring him to pay victim restitution to AvalonBay Communities, Inc. (Avalon) pursuant to Penal Code section 1202.4.1 We affirm. BACKGROUND Avalon owned an apartment complex in Walnut Creek and allocated a percentage of the apartments to affordable housing. Avalon employee Matthew McVicker oversaw the affordable housing program and maintained the applicant waitlist. In 2010, Artykov moved into an apartment at the complex. Thereafter, Artykov began asking McVicker about the waitlist and the availability of affordable apartments. Initially, Artykov asked McVicker

Undesignated statutory references are to the Penal Code. Our factual 1

recitation is taken in part from our unpublished opinion in Artykov’s appeal from his conviction. (People v. Artykov (Oct. 29, 2020, A154379).)

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to put applicants at the top of the waitlist; eventually, Artykov gave McVicker money to bypass the waitlist altogether. When an affordable apartment became available, Artykov provided McVicker with a name. That person would complete an application, get approved, and move into the apartment. Artykov gave McVicker more than $1,000 to place numerous tenants who did not qualify for below-market rent in affordable apartments. For individuals seeking affordable apartments, Artykov demanded a one-time payment of a significant sum of money, or the ability to sublet their apartment for a profit. When Avalon discovered Artykov’s scheme in 2016, it audited the affordable housing program and discovered that at least nine tenants were not eligible for below-market rent. Avalon gave these tenants a choice: they could accept market-rate apartments or move out. Four tenants who accepted market-rate apartments were subsequently evicted for nonpayment of rent. Avalon incurred $65,000 in attorney fees to evict those tenants. Shortly thereafter, several tenants who obtained affordable apartments through Artykov’s criminal scheme filed complaints with the Department of Fair Employment and Housing alleging Avalon discriminated against them and denied them housing based on national origin (discrimination complaints). In an effort to perpetuate his fraudulent scheme, Artykov orchestrated the filing of the discrimination complaints and represented the tenants at a mediation with Avalon. In 2018, the jury convicted Artykov of felony commercial bribery (§ 641.3, subds. (a), (c)). The probation report described the expenses Avalon incurred as a result of Artykov’s criminal conduct. At sentencing, Avalon offered a victim impact letter estimating it incurred over $300,000 in “direct