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Justice Department's indictment of Semion Mogilevich

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investors, recorded, and caused to be recorded, in YBM’s books and records at various<br />

times between 1994 and 1998:<br />

(1) tens <strong>of</strong> millions <strong>of</strong> dollars <strong>of</strong> fictitious magnet-related transactions<br />

that were either: (i) non-existent; (ii) generated from the sales in<br />

Europe <strong>of</strong> consumer goods, food commodities and alcohol-related<br />

products and disguised as magnet sales; or (iii) proceeds from<br />

stock transactions funneled through shell companies set up by<br />

closely-related third parties at the direction <strong>of</strong> defendant<br />

FISHERMAN and his associates to give the appearance <strong>of</strong><br />

legitimate sales;<br />

(2) payments <strong>of</strong> money by YBM or its subsidiaries that were falsely<br />

described as payments to vendors for raw materials, equipment,<br />

technology and services related to magnet production. In reality,<br />

the payments were either: (i) non-existent; (ii) directed to the<br />

benefit <strong>of</strong> defendants MOGILEVICH, FISHERMAN, BOGATIN<br />

and TSOURA, or to closely-related parties and associates <strong>of</strong> the<br />

defendants; (iii) made to bona fide vendors in Europe for non-<br />

magnet purchases such as food commodities, cigarettes, alcohol, or<br />

other materials for alcohol production; or (iv) were proceeds from<br />

stock transactions funneled through shell companies set up by<br />

closely related third parties and disguised as payments to vendors;<br />

and<br />

21

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