Justice Department's indictment of Semion Mogilevich
Justice Department's indictment of Semion Mogilevich Justice Department's indictment of Semion Mogilevich
COUNT THIRTY-ONE (Filing False Registration Statement with the Securities and Exchange Commission) THE GRAND JURY FURTHER CHARGES: 1. Paragraphs 1 through 46 of the Introduction to this Superseding Indictment are incorporated by reference herein. 2. On or about August 14, 1996, in the Eastern District of Pennsylvania and elsewhere, defendants SEMION MOGILEVICH a/k/a "Simeon Mogilevitch" a/k/a "Semjon Mogilevcs" a/k/a "Shimon Makhelwitsch" a/k/a "Seva" IGOR FISHERMAN, JACOB BOGATIN, a/k/a "Yakov" willfully and knowingly caused, and aided and abetted, the filing by YBM of an SEC Form 40-F, a Registration Statement of a foreign issuer, which contained statements of material fact that were false and misleading and that failed to contain material information necessary to make the required statements, in light of the circumstances under which they were made, not misleading, in that, among other things: YBM materially misrepresented the nature of its business operations and financial condition, as set forth in paragraph 36 (a) through (e) and (h) through (l) in the Introduction to this Superseding Indictment; and YBM failed to disclose the true extent of MOGILEVICH's ownership and control of YBM, as set forth in paragraph 37 (a) and (b). In violation of Title 15, United States Code, Sections 78l(g), 78ff(a) and 17 C.F.R., Section 240.12b-20, and Title 18, United States Code, Section 2. 64
COUNT THIRTY-TWO (Filing False Report with the Securities and Exchange Commission) THE GRAND JURY FURTHER CHARGES: 1. Paragraphs 1 through 46 of the Introduction to this Superseding Indictment are incorporated by reference herein. and elsewhere, defendants 2. On or about November 27, 1996, in the Eastern District of Pennsylvania SEMION MOGILEVICH, a/k/a "Simeon Mogilevitch" a/k/a "Semjon Mogilevcs" a/k/a "Shimon Makhelwitsch" a/k/a "Seva" IGOR FISHERMAN, JACOB BOGATIN, a/k/a "Yakov" ANATOLY TSOURA willfully and knowingly caused, and aided and abetted, the filing by YBM of an SEC Form 6-K (A Report of Foreign Issuer), which contained statements of material fact that were false and misleading and that failed to contain material information necessary to make the required statements, in light of the circumstances under which they were made, not misleading, in that YBM reported, among other things, that its net sales for the nine-month period ending September 30, 1996, were approximately $64 million, which were generated primarily from its core business, the sale of magnets, when the defendants well knew that YBM's net sales were materially misrepresented as to the nature, the amount, and the geographic location of the sales In violation of Title 15, United States Code, Sections 78m(a), 78ff(a) and 17 C.F.R., Sections 240.12b-20, 240.13a-1, 240.13a-3, 240.13a-16, and Title 18, United States Code, Section 2. 65
- Page 13 and 14: 25. The Toronto Stock Exchange (“
- Page 15 and 16: Network of YBM companies, including
- Page 17 and 18: company ARIGON between approximatel
- Page 19 and 20: for stock in YBM MAGNEX. As a resul
- Page 21 and 22: investors, recorded, and caused to
- Page 23 and 24: UNITED TRADE had a diverse customer
- Page 25 and 26: productive between September and De
- Page 27 and 28: UNITED TRADE and MAGNEX RT to be ap
- Page 29 and 30: ARBAT, ARIGON, and MAGNEX RT; (2) e
- Page 31 and 32: (b) On or about November 20, 1997,
- Page 33 and 34: 43. At various times during the sch
- Page 35 and 36: listed: Defendant Amount (a) FISHER
- Page 37 and 38: and investing money received from t
- Page 39 and 40: The Scheme To Defraud 9. The defend
- Page 41 and 42: circumstances under which they were
- Page 43 and 44: Bank of Scotland, London, England (
- Page 45 and 46: 18 1/26/97 Facsimile of false audit
- Page 47 and 48: (ph# 215-579-5695) to FISHERMAN, in
- Page 49 and 50: Solis-Cohen, 111 South 15 th Street
- Page 51 and 52: Overt Act Date Description Transfer
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- Page 57 and 58: 8 7/2/97 Facsimile of false “sale
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- Page 71 and 72: 10/28/96 Proceeds totaling approx.
- Page 73 and 74: Date Description Transferred from T
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- Page 83 and 84: THE GRAND JURY FURTHER CHARGES: NOT
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COUNT THIRTY-ONE<br />
(Filing False Registration Statement with the Securities and Exchange Commission)<br />
THE GRAND JURY FURTHER CHARGES:<br />
1. Paragraphs 1 through 46 <strong>of</strong> the Introduction to this Superseding Indictment are<br />
incorporated by reference herein.<br />
2. On or about August 14, 1996, in the Eastern District <strong>of</strong> Pennsylvania and<br />
elsewhere, defendants<br />
SEMION MOGILEVICH<br />
a/k/a "Simeon Mogilevitch"<br />
a/k/a "Semjon Mogilevcs"<br />
a/k/a "Shimon Makhelwitsch"<br />
a/k/a "Seva"<br />
IGOR FISHERMAN,<br />
JACOB BOGATIN,<br />
a/k/a "Yakov"<br />
willfully and knowingly caused, and aided and abetted, the filing by YBM <strong>of</strong> an SEC Form 40-F, a<br />
Registration Statement <strong>of</strong> a foreign issuer, which contained statements <strong>of</strong> material fact that were<br />
false and misleading and that failed to contain material information necessary to make the required<br />
statements, in light <strong>of</strong> the circumstances under which they were made, not misleading, in that,<br />
among other things: YBM materially misrepresented the nature <strong>of</strong> its business operations and<br />
financial condition, as set forth in paragraph 36 (a) through (e) and (h) through (l) in the<br />
Introduction to this Superseding Indictment; and YBM failed to disclose the true extent <strong>of</strong><br />
MOGILEVICH's ownership and control <strong>of</strong> YBM, as set forth in paragraph 37 (a) and (b).<br />
In violation <strong>of</strong> Title 15, United States Code, Sections 78l(g), 78ff(a) and 17 C.F.R.,<br />
Section 240.12b-20, and Title 18, United States Code, Section 2.<br />
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