Sie sind auf Seite 1von 26

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK


-x

UNITED STATES OF AMERICA, INDICTMENT

-v.- 09 Cr.

HASSAN NEMAZEE,

Defendant.

- - - -x

COUNT ONE
(Bank Fraud)

The Grand Jury charges:

THE DEFENDANT

1. At all times relevant to this Indictment, HASSAN

NEMAZEE, the defendant, was, among other things, the chairman and

chief executive officer of Nemazee Capital Corporation ("Nemazee

Capital"). Nemazee Capital was an entity through which NEMAZEE

invested in both public and private companies principally on his

own behalf. Nemazee Capital maintained its principal executive

office in Manhattan, from which NEMAZEE primarily conducted his

business.

THE RELEVANT FINANCIAL INSTITUTIONS

2. Bank of America Corporation is a corporation

organized under the laws of the State of Delaware with its

headquarters in Charlotte, North Carolina. Bank of America

Corporation provides a broad range of banking and non-banking

financial services and products both within and outside of the

United States. Among the subsidiaries of Bank of America


Corporation are Bank of America, N.A. ("BofA") , the deposits of

which were, at all times relevant to this Indictment, insured by

the Federal Deposit Insurance Corporation ("FDIC"). BofA is the

successor in interest, by merger, to various banks, including

NationsBank of Texas, N.A. ("NationsBank of TX") , the deposits of

which were at all times relevant to this Indictment insured by

the FDIC.

3. Citigroup Inc. is a corporation organized under

the laws of the ~tate of Delaware with its headquarters in New

York, New York. Like Bank of America Corporation, Citigroup Inc.

provides a broad range of banking and non-banking financial

services and products both within and outside of the United

States. Among the subsidiaries of Citigroup Inc. are Citibank,

N.A. ("Citibank"), the deposits of which were at all times

relevant to this Indictment insured by the FDIC.

4. HSBC Holdings plc is a public limited company

incorporated under the laws of the United Kingdom with its

headquarters in London, England. Like Bank of America

Corporation and Citigroup Inc., HSBC Holdings plc provides a

broad range of banking and non-banking financial services and

products both within and outside of the United States. Among the

subsidiaries of HSB.C Holdings plc is HSBC Bank USA, N.A.

("HSBC"), the deposits of which were, at all times relevant to

this Indictment, insured by the FDIC.

2
5. Until approximately March 2009, westminster

Securities Corporation ("Westminster") was a registered broker-

dealer with its principal place of business in New York, New

York.

NEMAZEE DEFRAUDS BofA OF MORE THAN $142 MILLION

6. Starting in or about 1998 and continuing until in

or about October 2008, HASSAN NEMAZEE, the defendant, began to

borrow money from BofA. Among the borrowings of NEMAZEE from

BofA were the following:

a. On or about May 5, 1998, NEMAZEE entered into

a written arrangement to borrow up to $3.5 million from

NationsBank of TX secured by NEMAZEE's interest in an apartment

on Park Avenue in Manhattan (the "Park Avenue Apartment"). In

connectiop with doing so, NEMAZEE falsely represented, in

substance and in part, that he owned over $44 million of United

States Treasury securities and over $74 million of other

securities, held in a specified account at Westminster (the

"NationsBank of TX Pledged Account").

b. In or about June 2001, NEMAZEE entered into a

written arrangement with BofA to borrow approximately $1.4

million secured by NEMAZEE's interest in a home lpcated in

Katonah, New York (the "Katonah Property").

c. In or about September 2006, NEMAZEE entered

into a written arrangement with BofA whereby, in exchange for

3
pledging certain collateral to BofA, NEMAZEE had the right to

borrow up to $100 million from BofA (the "First Secured BofA

Loan"). In connection with the First Secured BofA Loan, NEMAZEE

falsely represented, in substance and in part, that he owned a

specified account (the "First BofA Pledged Account") at

Westminster. NEMAZEE further falsely represented, in substance

and in part, that the BofA Pledged Account contained over $139

million of United States Treasury securities.

d. In or about June 2007, NEMAZEE entered into a

written arrangement with BofA to borrow approximately $1.032

million to purchase a fractional interest in a Cessna airplane.

e. In or about 2008, NEMAZEE entered into a

written arrangement with BofA to borrow over approximately $3.5

million in order to purchase two luxury apartments located on

Warren Street in Manhattan.

f. In or about October 2008, NEMAZEE entered

into a written arrangement with BofA whereby, in exchange for

pledging certain collateral to BofA, NEMAZEE had the right to

borrow up to $100 million from BofA (the "Second Secured BofA

Loan"). In connection with the Second Secured BofA Loan, NEMAZEE

falsely represented, in substance and in part, that he held a

specified account (the "Second BofA Pledged Account") at

Westminster. NEMAZEE further falsely represented, in substance

and in part, that the Second BofA Pledged Account contained over

4
$88 million of united States Treasury securities.

7. As of approximately September 2009, HASSAN

NEMAZEE, the defendant, owed BofA, including its subsidiaries,

approximately $142 million.

8. In truth and in fact, the NationsBank of TX

Pledged Account, the First BofA Pledged Account, and the Second

BofA Pledged Account did not exist and HASSAN NEMAZEE, the

defendant, did not own the millions of dollars of United States

Treasury and other sec~rities that he had pledged to NationsBank

of TX and BofA as collateral for the loans described in paragraph

6, above.

NEMAZEE DEFRAUDS CITIBANK OF $74.9 MILLION

9. On or about August 22, 2005, HASSAN NEMAZEE, the

defendant, entered into a written arrangement with Citibank,

whereby Citibank agreed to lend NEMAZEE, on an unsecured basis,

up to $25 million from Citibank (the ~Unsecured Citibank Loan").

In connection with this lending arrangement, NEMAZEE falsely

represented to Citibank that he owned over $500 million in United

States Treasury securities, $100 million of which had, in fact,

been pledged to Bank of America. The Unsecured Citibank Loan was

extended multiple times, most recently as of on or about November

20, 2008, when the outstanding balance that NEMAZEE owed Citibank

on the Unsecured Citibank Loan was over $20 million.

10. On or about December 22, 2006, HASSAN NEMAZEE, the

5
defendant, entered into a written arrangement with Citibank

whereby, in exchange for pledging certain collateral to Citibank,

NEMAZEE had the right to borrow up to $25 million from Citibank

(the "Secured Citibank Loan"). The terms of the Secured citibank

Loan were modified multiple times, most recently as of on or

about November 20, 2008, when the amount of funds that NEMAZEE

could borrow from Citibank was increased to $80 million.

11. In connection with the Secured Citibank Loan and

its subsequent modifications, HASSAN NEMAZEE, the defendant,

falsely represented, in substance and in part, that he held a

specified account (the "Citibank Pledged Account") at

Westminster. NEMAZEE further falsely represented, in substance

and in part, that the Citibank Pledged Account contained millions

of dollars of United States Treasury securities.

12. In truth and in fact, the Citibank Pledged Account

did not exist and HASSAN NEMAZEE, the defendant, did not own the

millions of dollars of United States Treasury securities that he

had pledged to Citibank as collateral for his loans from

Citibank. Nor did NEMAZEE own over $500 million in United States

Treasury securities at any time during which the Unsecured

Citibank Loan was outstanding.

13. As of approximately August 23, 2009, HASSAN

NEMAZEE, the defendant, owed Citibank approximately $74.9

million.

6
NEMAZEE DEFRAUDS HSBC TO PAY OFF HIS DEBT TO CITIBANK

14. Starting in or about early 2009, HASSAN NEMAZEE,

the defendant, began meeting with representatives of HSBC

regarding a line of credit. In the course of his meetings and

communications with HSBC, NEMAZEE falsely represented, in

substance and in part, to HSBC that he held two specified

accounts at Westminster, one of which would serve as pledged

collateral for the line of credit from HSBC (the "HSBC Pledged

Account"). NEMAZEE further falsely represented, in substance and

in part, that the HSBC Pledged Account held over $125 million in

United States Treasury securities and that the other account at

Westminster held over $636 million of United States Treasury

securities.

15. Thereafter, in or about August 2009, HASSAN

NEMAZEE, the defendant, entered into a written arrangement with

HSBC whereby, in exchange for pledging the United States Treasury

securities in the HSBC Pledged Account as collateral to HSBC,

NEMAZEE had the right to borrow up to $100 million from HSBC (the

"Secured HSBC Loan").

16. In truth and in fact, the HSBC Pledged Account did

not exist and HASSAN NEMAZEE, the defendant, did not own the

millions of dollars of United States Treasury securities that he

had pledged to HSBC as collateral for his loans from HSBC. Nor

did NEMAZEE own over $636 million in United States Treasury

7
securities at any time during which the Secured HSBC Loan was

outstanding.

17. In or about the beginning of August 2009,

representatives of Citibank began to seek from HASSAN NEMAZEE,

the defendant, verification of the existence of the assets held

in the CitibankPledged Account.

18. On or about Augustg 23, 2009, HASSAN NEMAZEE, the

defendant, was met in person by Special Agents of the Federal

Bureau of Investigation and questioned about, among other things,

the existence of the collateral for the Citibank loans.

19. On or about the afternoon of August 24, 2009, and

in order to avoid discovery that the collateral for the Secured

Citibank Loan that had been pledged by NEMAZEE did not, in fact,

exist, HASSAN NEMAZEE, the defendant, drew down upon the Secured

HSBC Loan in the amount of approximately $74.9 million,

substantially all of which was used to repay NEMAZEE's

outstanding loan to Citibank.

MEANS AND METHODS BY WHICH NEMAZEE


DEFRAUDED BofA, CITIBANK, AND HSBC

20. Among the means and methods by which HASSAN

NEMAZEE, the defendant, carried out the fraud upon BofA,

Citibank, and HSBC were the following:

a. NEMAZEE provided fake account statements

evidencing his ownership of United States Treasury and other

securities at Westminster, which contained a telephone number

8
purportedly for Westminster, but which was in fact assigned to a

"virtual office" that NEMAZEE himself had established.

b. NEMAZEE forged the signatures of

representatives of Westminster, Pershing, and another entity

relating to Pershing known as Pershing Advisor Solutions LLC

("PAS") on various documents relating to his borrowings that he

provided at various times to BofA, Citibank, and HSBC.

c. NEMAZEE established at least two "virtual

offices" at locations in Manhattan that held themselves out, at

NEMAZEE's direction, as being associated with Westminster and

Pershing. As a result, in the event that representatives of

Citibank or HSBC sought to confirm the existence of the assets

reflected on the fraudulent documents submitted by NEMAZEE, they

would, in fact, have been contacting a telephone number at one of

the virtual offices assigned to. NEMAZEE himself, and not

Westminster, Pershing, or PAS.

d. NEMAZEE made partial repayments on his

borrowings from BofA with proceeds of his fraud on Citibank.

e. NEMAZEE made at least one partial repayment

on his borrowings from Citibank with proceeds of his fraud on

BofA.

NEMAZEE'S USE OF THE PROCEEDS OF HIS BANK FRAUD SCHEMES

21. Among other ways that HASSAN NEMAZEE, the

defendant, used the proceeds of his frauds on BofA and Citibank

9
were the following:

a. NEMAZEE made numerous donations to the

election campaigns of federal, state, and local candidates.

b. NEMAZEE made numerous donations to various

political action committees.

c. NEMAZEE made numerous donations to various

charities.

d. NEMAZEE purchased real property in Italy.

e. NEMAZEE made monthly maintenance payments on

the Park Avenue Apartment and paid expenses associated with the

Katonah Property.

f. NEMAZEE purchased part of a yacht.

STATUTORY ALLEGATIONS

22. Starting in or about 1998 and continuing until in

or about August 2009, in the Southern District of New York and

elsewhere, HASSAN NEMAZEE, the defendant, unlawfully, willfully,

and knowingly executed and attempted to execute a scheme and

artifice to defraud a financial institution, the deposits of

which were insured by the FDIC, and to obtain moneys, funds,

credits, assets, securities, and other property owned by and

under the custody and control of a financial institution, the

deposits of which were insured by the FDIC, by means of false and

fraudulent pretenses, representations, and promises, to wit, in

order to induce BofA, including its predecessors in interest, to

10
lend and continue to lend money to NEMAZEE, NEMAZEE falsely and

fraudulently represented to BofA, including to its predecessors

in interest, that, among other things, NEMAZEE owned millions of

dollars of United States Treasury and other securities.

(Title 18, United States Code, Sections 1344 and 2) .

COUNT TWO
(Bank Fraud)

The Grand Jury further charges:

23. The allegations set forth in paragraphs 1 through

21 are repeated and realleged as if set forth fUlly herein.

24. Starting in or about August 2005 and continuing

until in or about late August 2009, in the Southern District of

New York and elsewhere, HASSAN NEMAZEE, the defendant,

unlawfully, willfully, and knowingly executed and attempted to

execute a scheme and artifice to defraud a financial institution,

the deposits of which were insured by the FDIC, and to obtain

moneys, funds, credits, assets, securities, and other property

owned by and under the custody and control of a financial

institution, the deposits of which were insured by the FDIC, by

means of false and fraudulent pretenses, representations, and

promises, to wit, in order to induce Citibank to lend and

continue to lend money to NEMAZEE, NEMAZEE falsely and

fraudulently represented to Citibank that, among other things,

NEMAZEE owned millions of dollars of United States Treasury

securities.

11
(Title 18, United States Code, Sections 1344 and 2) .

COUNT THREE
(Bank Fraud)

The Grand Jury further charges:

25. The allegations set forth in paragraphs 1 through

21 are repeated and realleged as if set forth fully herein.

26. Starting in or about February 2009 and continuing

until in or about late August 2009, in the Southern District of

New York and elsewhere, HASSAN NEMAZEE, the defendant,

unlawfully, willfully, and knowingly executed and attempted to

execute a scheme and artifice to defraud a financial institution,

the deposits of which were insured by the FDIC, and to obtain

moneys, funds, credits, assets, securities, and other property

owned by and under the custody and control of a financial

institution, the deposits of which were insured by the FDIC, by

means of false and fraudulent pretenses, representations, and

promises, to wit, in order to induce HSBC to lend money to

NEMAZEE, NEMAZEE falsely and fraudulently represented to HSBC

that, among other things, NEMAZEE owned millions of dollars of

United States Treasury securities.

(Title 18, United States Code, Sections 1344 and 2) .

COUNT FOUR
(Aggravated Identity Theft)

The Grand Jury further charges:

27. The allegations set forth in paragraphs 1 through

12
21 are repeated and realleged as if set forth fully herein.

28. From at least in or about September 2006 up to and

including at least in or about August 2009, in the Southern

District of New York and elsewhere, HASSAN NEMAZEE, the

defendant, unlawfully, willfully, and knowingly did transfer,

possess and use, without lawful authority, a means of

identification of another person during and in relation to the

felony violations charged in Counts One, TWo, and Three of this

Indictment, to wit, NEMAZEE possessed and used the name of a

representative of Westminster and two representatives of Pershing

LLC.

(Title 18, United States Code,


Sections 1028A(a) (1), 1028A(b), and 2.)

FORFEITURE ALLEGATION
(As to Counts One, Two, and Three)

29. As a result of committing one or more of the bank

fraud offenses alleged in Counts One, Two, and Three of this

Indictment, HASSAN NEMAZEE, the defendant, shall forfeit to the

United States, pursuant to Title 18, United States Code, Section

982(a) (2), all property constituting, or derived from, proceeds

the defendant obtained directly or indirectly, as the result of

the bank fraud offense, including but not limited to the

following:

a. Approximately $982 million in United States

currency, in that such sum in aggregate is property representing

13
the amount of proceeds obtained as a result of the charged bank

fraud offenses;

b. All of the defendant's right, title, and

interest in the following properties:

(1) Any and all right, title, and interest in the

real property and appurtenances known as 770 Park Avenue, Unit

14A and 15A, New York, New York, including any and all right,

title, and interest in shares in~ ~Avenue Corporation and

any proprietary lease;


r?O~
(2) Any and all right, title, and interest in the

real property and appurtenances known as 99 Warren Street, Unit

5H, New York, New York;

(3) Any and all right, title, and interest in the

real property and appurtenances known as 101 Warren Street, Unit

1540, New York, New York;

(4) Any and all right, title, and interest in the

real property and appurtenances known as 128-136 Mount Holly

Pond, Katonah, New York; and

(5) Any and all right, title, and interest in the

real pr9perty and appurtenances known as 22 Via Della Scrofa,

Rome, Italy, including any apartment located therein.

c. All of the defendant's right, title, and interest

in the following entities, and/or their affiliates, subsidiaries,

or joint ventures:

14
(1) Nemazee Capital Corp., a New York Domestic

Business Corporation;

(2) NCC Limited, a British Virgin Islands limited

company;

(3) Brean Murray Carret Group Inc., a British

Virgin Islands Corporation;

(4) Carret Investment Holdings, LLC, a Delaware

limited liability company;

(5) Genius Products, Inc.;

(6) Genius Products, LLC;

(7) GNPR Investments, LLC;

(8) Hudson River Investments, LLC;

(9) KHN Associated, LLC, a New York limited

liability company;

(10) Telnem Holdings, LLC, a New York limited

liability company;

(11) Forterra Transatlantic RE;

(12) TLT Atlantic Capital LP;

(13) Houston Venture Inc.;

(14) Yacht Plus and YP Holdings;

(15) UniPureEnergy Acquisition Co., LLC;

(16) ARC Wireless Solutions, Inc.;

(17) HydroDive Nigeria Limited;

(18) Jayhawk Private Equity Fund, LP;

15
(19) West African Oilfield Services Ltd. - WAOS;

(20) Carret China Opportunity Investments; and

(21) Carret India Fund.

d. All of the defendant's right, title, and interest

in the following accounts:

(1) Any and all funds and other property on

deposit in account number 165-28077960 held

at Brean, Murray & Carret in the name of

Hassan Nemazee;

(2) Any and all funds and other property on

deposit in account number 165-31532960 held

at Brean, Murray & Carret in the name of NCC

Ltd. ;

(3) Any and funds and other property on deposit

in account number P90-005606 held at Banc of

America Investment Services in the name of

Sheila Nemazee;

(4) Any and funds and other property on deposit

in account number P90-005711 held at Banc of

America Investment Services in the name of

Sheila Nemazee;

(5) Any and funds and other property on deposit

in account number P90-007684 held at Banc of

America Investment Services in the name of

16
Hassan Nemazee;

(6) Any and funds and other property on deposit

in account number P90-03042 held at Banc of

America Investment Services in the name of

Hassan Nemazee;

(7) Any and funds and other property on deposit

in account number P90-004898 held at Banc of

America Investment Services in the name of

Hassan Nemazee;

(8) Any and funds and other, property on deposit

in account number P90-004901 held at Banc of

America Investment Services in the name of

Hassan Nemazee;

(9) Any and funds and other property on deposit

in account number P90-005762 held at Banc of

America Investment Services in the name of

Hassan Nemazee;

(10) Any and funds and other property on deposit

in account number P90-003336 held at Banc of

America Investment Services in the name of

Hassan Nemazee;

(11) Any and funds and other property on deposit

in account number P90-005533 held at Banc of

America Investment Services in the name of

17
Telnem Holdings, LLC;

(12) Any and funds and other property on deposit

in account numberP90-005525 held at Bane of

America Investment Services in the name of

Nemazee Capital Corp.;

(13) Any and funds and other property on deposit

in account number P90-005517 held at Bane of

America Investment Services in the name of

Yasmine Nemazee;

(14) Any and funds and other property on deposit

in account number P90-005452 held at Bane of

America Investment Services in the name of

Layla Nemazee;

(15) Any and all funds or other property on

deposit in account number 118-11951 at Bank

of America Securities in the name of Hassan

Nemazee;

(16) Any and all funds or other property on

deposit in account number 12339-32118 at Bank

of America Securities in the name of Hudson

River Investment, Inc.;

(17) Any and all funds or other property on

deposit in account number 313-11985-1-1-045

at Bank of America Securities in the name of

18
Hudson River Investment, Inc.;

(18) Any and all funds or other property on

deposit in account number 510-07709-1-5 at

Bank of America Securities in the name of

Sheila Nemazee;

(19) Any and all funds or other property on

deposit in account number 857-07D29 at

Merrill Lynch in the name of Hassan Nemazee;

(20) Any and all funds in account number 0095-

1162-0067 held at Bank of America, N.A. , in

the name of Hassan Nemazee;

(21) Any and all funds in account number

6550305831 at Bank of America, N.A., in the

name of Hassan Nemazee;

(22) Any and all funds in account number 0095-

1162-4182 held at Bank of America, N.A., in

the name of Hassan Nemazee;

(23) Any and all funds in account number 0047-

8496-1937 held at Bank of America, N.A., in

the name of Hassan & Sheila Nemazee;

(24) Any and all funds in account number 0073-

7477-9492 held at Bank of America, N.A., in

the name of Hassan & Sheila Nemazee;

(25) Any and all funds in account number 0073-

19
7477-9492 held at Bank of America, N.A., in

the name of Hassan & Sheila Nemazee;

(26) Any and all funds in account number

6550305381 at Bank of America, N.A., in the

name of Hassan Nemazee;

(27) Any and all funds in account number P90-

005525 held at Bank of America, N.A., in the

name of Sheila Nemazee;

(28) Any and all funds in account number 967586615

held at JP Morgan Chase Bank in the name of

Hassan Nemazee or Sheila Nemazee;

(29) Any and all funds in account number 9253186

at JP Morgan Chase Bank in the name of Hassan

Nemazee;

(30) Any and all funds in account number 739167510

at JP Morgan Chase Bank in the name of Hassan

Nemazee Irrevocable Trust 2003;

(31) Any and all funds in account number 967504759

at JP Morgan Chase Bank in the name of Hassan

Nemazee or Yasmine Nemazee;

(32) Any and all funds in account number 967586623

at JP Morgan Chase Bank in the name of Hassan

Nemazee or Sheila Nemazee;

(33) Any and all funds in account number 967270197

20
at JP Morgan Chase Bank in the name of

Nemazee Capital Corp.;

(34) Any and all funds in account number 739221337

at JP Morgan Chase Bank in the name of Hassan

Nemazee, Custodian for Yasmine Nemazee;

(35) Any and all funds in account number 739169491

at JP Morgan Chase Bank in the name of Telnem

Holdings LLC;

(36) Any and all funds in account number 739169505

at JP Morgan Chase Bank in the name of Telnem

Holdings LLC;

(37) Any and all funds in account number

10385348365 at JP Morgan Chase Bank in the

name TLT Atlantic Capital LP;

(38) Any and all funds in account number 74452376

at JPMorgan Chase Bank in the name of Carret

P.T. LP;

(39) Any and all funds in account number 739418505

at JP Morgan Chase Bank in the name of Carret

P.T. LP;

(40) Any and all funds in account number 799-804-

844 at JP Morgan Chase Bank in the name of

GNPR Investments LLC;

(41) Any and all funds in account number 41434673

21
at eitibank, N.A., in the name of Hassan

Nemazee;

(42) Any and all funds in account number 20897708

at eitibank, N.A., in the name of Hassan

Nemazee and/or Sheila Nemazee;

(43) Any and all funds in account number 21308397

at eitibank, N.A., in the name of Hassan

Nemazee and/or Sheila Nemazee;

(44) Any and all funds in account number 2192675

at eitibank, N.A., in the name of Hassan

Nemazee;

(45) Any and all funds in account number

45E507260000 at eitibank, N.A., in the name

of Hassan Nemazee;

(46) Any and all funds in account number 165-

31532-1-1 at eitibank, N.A., in the name Nee

Limited;

(47) Any and all funds in account number 2192675

at eitibank, N.A., in the name of Hassan

Nemazee;

(48) Any and all funds or other property on

deposit in account number 30604518 at

eitigroup Global Markets in the name of

Kamyar M. Nemazee;

22
(49) Any and all funds or other property deposit

in account number 15F03289 at Smith Barney in

the name of Hassan Nemazee;

(50) Any and all funds in account number 50611 at

Bank Julius Baer in the name of Goldsboro

Investments;

(51) Any and all funds in account number 50712 at

Bank Julius Baer in the name of Hudson River

Investments;

(52) Any and all funds in account number 426858 at

Bank Julius Baer in the name of Hudson River

Investments;

(53) Any and all funds in account number 120691 at

Bank Julius Baer in the name of Hassan

Nemazee;

(54) Any and all funds in account number 418681 at

Bank Julius Baer in the name of Houston

Venture Inc.;

(55) Any and all funds in account number 126932 at

Bank of New York in the name of Forterra

Transatlantic RE;

(56) Any and all funds in account number

80000318601 at First Republic Bank in the

name of AMI Partners LLC; and

23
(57) Any and all funds in account number

9644006547 at Capital One in the name of HiFi

Recordings.

e. All of the defendant's right, title, and interest

in the a loan and any resulting proceeds of approximately

$5,500,000 to AMI Partners LLC in or about July 2009.

f. All of the defendant's right, title, and interest

in the following personal property:

(1) a 2008 blue Maserati Quattroporte bearing

vehicle identification number

ZAMFE39A080034911; and

(2) a 2007 Cessna Model 680 bearing registration

number 680-0124.

Substitute Assets Provision

30. If any of the above-described forfeitable

property, as a result of any act or omission of HASSAN NEMAZEE,

the defendant:

a. cannot be located upon the exercise of due

diligence;

b. has been transferred or sold to, or deposited

with, a third person;

c. has been placed beyond the jurisdiction of the

Court;

d. has been substantially diminished in value; or

24
e. has been commingled with other property which

cannot be subdivided without difficulty;

it is the intent of the United States, pursuant to Title 21,

United States Code, Section 853(p), to seek forfeiture of any

other property of NEMAZEE up to the value of the above

forfeitable property.

(Title 18, United States Code, Sections 982(a) (2) and (b);
and Title 21, united States Code, Section 853(p}.)

PREET BHARARA
United States Attorney

25
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

-v. -

HASSAN NEMAZEE,

Defendant.

INDICTMENT

09 Cr.

(Title 18, United States Code, Section


1344 & 2, 1028A & 2.)

PREET BHARARA
United States Attorney.

A TRUE BILL

Das könnte Ihnen auch gefallen