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Justice Department's indictment of Semion Mogilevich

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ARBAT, ARIGON, and MAGNEX RT;<br />

(2) equipment sold by the original ARIGON shareholders,<br />

including defendant MOGILEVICH, to MAGNEX RT was<br />

overvalued and the records documenting the transactions<br />

false; and<br />

(3) YBM was doing business with companies that did not exist,<br />

were shell companies, and were controlled by closely related<br />

parties to the defendants.<br />

G. DISSEMINATING FALSE AND MISLEADING INFORMATION TO THE<br />

INVESTMENT COMMUNITY<br />

38. The defendants MOGILEVICH, FISHERMAN, BOGATIN and TSOURA<br />

created market demand for YBM stock and artificially inflated the price <strong>of</strong> such stock through the<br />

dissemination <strong>of</strong> false and misleading information to the investment community. The false and<br />

misleading information was disseminated by the defendants in various ways, including:<br />

(a) the creation and issuance <strong>of</strong> annual and other periodic reports filed<br />

with the securities regulators and available to the public to falsely tout the business<br />

successes <strong>of</strong> YBM, including false representations about YBM's sales and pr<strong>of</strong>itability<br />

contained in these reports;<br />

(b) the issuance <strong>of</strong> press releases that contained false and misleading<br />

information about the business activity and financial performance <strong>of</strong> the YBM Network <strong>of</strong><br />

companies; and<br />

(c) making shareholder presentations, lobbying stockbrokers and<br />

29

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