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Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 1 of 49

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF NEW YORK
10 en/ It 830
GUGGENHElaVI CAPITAL, LLC, AND
GUGGENHELM PARTNERS, LLC,
Civil Action No. it) C.V 6E330 (P&G
Plaintiffs,
CY
V.
JURY TRIAL DEMANDED
CATARINA PIETRA TOWEL A/K/A LADY
CATARINA PIETRA TOUMEI A/K/A **FILED UNDER SEAL PURSUANT
CATARINA FREDERICK; VLADIMIR TO 15 U.S.C. 1116(d)**
ZURAVEL A/K/A VLADIMIR
GUGGENHEIM A/K/A VLADIMIR Z.
GUGGENHEIM A/K/A VLADIMIR Z.
GUGGENHEIM BANK; DAVID BIRNBAUM
A/K/A DAVID B. GUGGENHEIM; ELI
PICHEL; THEODOR PARDO; AND JOHN
DOES 1-10,
DIECIMEA
Defendants.
I 11,1 NOV tOlO
.S.D.C. S.D. N.Y.
CASHIERS

Plaintiffs Guggenheim Capital, LLC and Guggenheim Partners, LLC (collectively,

"Plaintiffs") file this Verified Complaint against Defendants Catarina Pietra Toumei, an
individual a/k/a Lady Catarina Tournei and Catarina Frederick; Vladimir Zuravel, an individual

a/k/a Vladimir Guggenheim, Vladimir Z. Guggenheim and Vladimir Z. Guggenheim Bank;

David Birnbaum, an individual a/k/a David Guggenheim and David B. Guggenheim; Eli Pichel,

an individual; Theodor Pardo, an individual a/k/a Theodore Pardo; John Does 1-10 ("Doe

Defendants"); and entities of unknown form and organization and individuals of unknown

residence, and allege as follows:

VERIFIED COMPLAINT I
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I. PRELIMINARY STATEMENT

1. Defendants are engaged in a nationwide scheme to defraud consumers out of

billions of dollars by pretending to be Plaintiffs, the latter of which are two of the most well-

known and highly-respected financial firms in the United States and the world.

2. Defendants distribute letters, investment proposals, and other fmancial

documents bearing counterfeits of Plaintiffs' federally registered GUGGENHEIM marks.

Purporting to be Plaintiffs, Defendants offer consumers the chance to participate in multi-million

and multi-billion dollar investments involving a variety of products, such as crude oil, bank

guarantees, diamonds, and gold.

3. Defendants are co-comspirators and are aware of each other's actions and

intentions in furtherance of a scheme to defraud by investing money with Defendants under the

false pretenses that Defendants are Plaintiffs.

4. Defendants' scheme is carried out through Defendants' use of the U.S. wires

and the U.S. mails and consists of a pattern of criminal predicate acts, including mail fraud, wire

fraud, and trademark counterfeiting. Defendants' unlawful actions damage Plaintiffs and

jeopardize the public interest.


II. THE PARTIES

5. Plaintiff Guggenheim Capital, LLC is a Delaware limited liability company

with its principal place of business at 227 W. Monroe, Chicago, IL 60606.

6. Plaintiff Guggenheim Partners, LLC is a Delaware limited liability company

135 East
which is qualified to do business in New York and has its principal place of business at
57th Street, New York, NY 20022.

7. Defendant Catarina Pietra Toumei is an individual, who is residing in Rancho

Santa Fe, California and Manhattan, New York, and who is also known as "Lady Catarina Pietra

VERIFIED COMPLAINT 2
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Toumei" and "Catarina Frederick" ("Defendant Toumei"). (See last two pages of Exhibit 1..)

Defendant Toumei has a residence at 6136 Paseo Delicias, Rancho Santa Fe, California 92067 in

addition to a mailing address of P.O. Box 615, Rancho Santa Fe, California 92067 and possible

alternative residences at 107 Via Coronado, Rancho Santa Fe, California 92091, and/or

16934 Mimosa Place, Rancho Santa Fe, CA 92067, and/or 3023 Avenida Circuela, Carlsbad,

California 92009. Defendant Toumei falsely claims to be connected with Plaintiffs, including

that she is the "Investment Relations Manager" of the "Guggenheim Fund."

8. Defendant Vladimir Zuravel is an individual residing in New York, New York,

who is also known as "Vladimir Guggenheim, "Vladimir Z. Guggenheim" and "Vladimir Z.

Guggenheim Bank." ("Defendant Zuravel"). Defendant Zuravel resides at 63-10 Dieterle

Crescent, New York, NY 11374. (See Exhibit 2.) Defendant Zuravel falsely claims to be

connected with Plaintiffs.

9. Defendant David Birnbaum is an individual residing in New York, New York,

who is also known as "David B. Guggenheim" ("Defendant Birnbaum"). Defendant Birnbaum

resides at 525 Ocean Parkway, Brooklyn, New York 11218. (See Exhibit 3.) Defendant
Birnbaum falsely claims to be connected with Plaintiffs.

10. Defendant Eli Pichel ("Defendant Pichel") is an individual whose residence is

unknown. Defendant Nobel falsely claims to be a licensed attorney working for Plaintiffs or the

Guggenheim family. Defendant Pichel also participates in the schemes described herein through

an entity of unknown structure known as "Pichel Consultancy."

11. Defendant Theodor Pardo is an individual residing in Miami, Florida, who is

also known as "Theodore Pardo" or "Theo" ("Defendant Pardo"). Defendant Pardo resides at

VERIFIED COMPLAINT 3

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825 Brickell Bay Drive, Apt. 1545, Miami, Florida 33131-2919. Defendant Pardo falsely claims

to be connected with Plaintiffs.

12. The Doe Defendants are individuals and entities who participate in the schemes

described herein to defraud consumers by using counterfeit GUGGENHEIM trademarks.

13. Defendant Toumei, Defendant Zuravel, Defendant Birnbaum, Defendant Pichel,

Defendant Pardo and the Doe Defendants (collectively, "Defendants"), through their officers,

directors, agents, servants, employees, attorneys, partners, joint venturers or other persons

affiliated or acting in concert with them, have engaged in the acts described herein jointly or

severally and with other individuals and entities not yet known to Plaintiffs.
HI. JURISDICTION AND VENUE

14. This is an action for trademark infringement, trademark counterfeiting,

trademark dilution, false advertising, cybersquatting, and unfair competition under the Lanham

Act, 15 U.S.C. 1114 and 1125, et seq.; for violations of the Racketeer Influenced and Corrupt

Organization Act ("RICO") under 18 U.S.C. 1962, et seq.; and for trademark infringement,

trademark dilution, deceptive acts and practices, and fraud under New York law.
15. The Court has original jurisdiction over the claims arising under federal law

pursuant to 15 U.S.C. 1121(a), 18 U.S.C. 1961 and 1964, and 28 U.S.C. 1331, 1338(a)

and 1338(b).

16. The Court has supplemental jurisdiction over Plaintiff's' state law claims arising

under the statutory and common law of the state of New York pursuant to 28 U.S.C. 1338(b),

because those claims are joined with substantial and related claims under federal law. The Court

also has subject matter jurisdiction over those claims pursuant to 28 U.S.C. §1367, because

Plaintiffs' state law claims are interrelated with Plaintiffs' federal claims and arise from a

VERIFIED COMPLAINT 4
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common nucleus of operative facts such that the adjudication of Plaintiffs' state law claims with

Plaintiffs' federal claims furthers the interest of judicial economy.

17. The Court has general and specific personal jurisdiction over Defendants. The

Court has general jurisdiction over Defendant Toumei, Defendant Zuravel, and Defendant
litirnbaum. The Courthas specific jurisdiction over all Defendants because some of Defendants'

unlawful acts and events occurred in this district, including the creation and distribution of

materials bearing counterfeits of Plaintiffs' GUGGENHEIM trademarks, as described herein.

Defendants also (i) represent to consumers that they maintain offices in this district (See Exhibits

4, 7-8, 10-11, 14-17, 22) (ii) instruct potential investors to deliver and mail certain documents to
Defendants at addresses and offices located in this district (See Exhibits 7-8, 11); (iii) maintain at
customers to this
least two telephone lines in this district (See Exhibits 2-4); (iv) invite potential

district to perpetrate the fraud (See Exhibits 17-18, 22-23) (v) solicited purchases on behalf of

Plaintiffs to be consununated in this district (See Exhibits 9, 18-20); and (vi) Defendants'

website containing counterfeits of Plaintiffs' GUGGENHEIM trademarks (located at

guggenheimadvisors.org) is available and directed to individuals in this district. Moreover,


Defendants know that Plaintiff Guggenheim Partners, LLC is located in this district and know

that Plaintiff Guggenheim Partners, LLC would suffer injury to its business reputation in this

district on account of Defendants' fraudulent scheme and use of counterfeits of Plaintiffs'

GUGGENHEIM trademarks.

18. Venue is proper in this district under 28 U.S.C. 1391(h) because some of

Defendants reside in this district, because some of Plaintiff s claims arise in this district, and

because some of Defendants' participation in the unlawful acts and events occurred in this

VERIFIED COMPLAINT 5
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district, including the creation and distribution of counterfeit materials and the use of counterfeit

marks, as described herein.

IV. FACTUAL ALLEGATIONS

A. Plahttiffs And Plaintiffs' GUGGENEEEIM Trademarks

1% Plaintiffs are among the most famous and highly-respected financial firms in the

United States. Plaintiff Guggenheim Capital, LLC is a financial services and investment

office in New York,


management holding company, headquartered in Chicago, Illinois, with an

NY. Plaintiff Guggenheim Capital, LLC traces its roots to the famous Guggenheim family, a

major contributor to the development of business and philanthropy in the United States, and its

members include the Guggenheim family. Guggenheim Capital is a global financial services

firm offering a wide variety of investment products and services under the mark

GUGGENHEIM and formatives thereof.

20. Plaintiff Guggenheim Partners, LLC is a wholly-owned subsidiary of

Guggenheim Capital LLC and has an office and is qualified to do business in New York, New
York. Guggenheim Partners is a global financial services firm offering financial consultation
and investment services under the mark GUGGENHEIM and formatives thereof Guggenheim

Partners, LLC provides its services to: individuals, including high-net-worth individuals;

institutional investors; endowments; foundations; insurance companies; pension plans; and other

institutions, who together entrust the firm with more than $110 billion in assets. Plaintiff

Guggenheim Partners, LLC employs over 1, 400 people in more than 20 cities throughout the
United States, Europe and Asia.

21. For over 50 years, Plaintiffs and their predecessors-in-interest have advertised
and offered financial consultation and investment services under the mark GUGGENHEIM and

formatives thereof, such as GUGGE/41-1EIM CAPITAL, GUGGENHEIM PARTNERS,

VERIFIED COMPLAINT 6

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GUGGENHEIM ADVISORS, GUGGENHEIM INVESTMENT ADVISORS, GUGGENHEIM

FUNDS, GUGGENHEIM SECURITIES and GUGGENHEIM REAL ESTATE ADVISORS

(collectively, "GUGGENHEIM Marks"). Plaintiffs advertise and render their services under the

Guggenheim Marks throughout the United States, including in this judicial district, and provide
information about their services at their websites located at guggenheimpartners.corn,

guggenheirnadvisors.corn, guggenheirnfunds.com, guggenheirninvestmentadvisors.com, and

guggenheimrealestate.com, among others.


22. Plaintiff Guggenheim Capital, LLC owns U.S. trademark registrations for the

mark GUGGENHEIM and formatives thereof and licenses some of those marks to Plaintiff

Guggenheim Partners, LLC, including:

GUGGENHEIM, U.S. Reg. No. 3, 121, 127 for:

Class No. 16: "Printed matter, namely, books, brochures, and newsletters featuring
finance, business, insurance, banking, asset management and investment;"

Class No. 36: "Providing information, advice and consulting in the fields of finance,
insurance, business, banking, asset management and investment; financial investment in the
fields of securities, funds, real estate, and venture capital businesses; investment management
and asset management services; investment of funds for others; securitization, structuring and
administration of investment assets; securities and investment brokerage services; investment
banking services; trust services, namely, investment and trust company services; and
providing online electronic databases in the fields of finance, business, banking, asset
management and investment;"

Class No. 41: "Educational services, namely, conducting classes, seminars, conferences
and workshops in the fields of finance, insurance, business, banking, asset management and
investment; and providing online magazines and newsletters in the fields of finance,
insurance, business, banking, asset management and investment;"

GUGGENHEIM PARTNERS, U.S. Reg. No. 3, 110, 878 in Class 36 for "Financial
consultation services, namely, providing information, advice and consulting in the fields of
finance, banking, asset management and investment; financial investment in the fields of
securities, funds, real estate, and venture capital businesses; investment management and asset
management services; investment of funds for others; structuring and administration of financial
investment assets; securities and investment brokerage services; investment banking services;
trust services, namely, investment and trust company services; and providing online financial

VERIFIED COMPLAINT 7

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informafion through electronic databases in the fields of finance, banking, asset management and
investment;"

GUGGENHZIM DIVESTMENT ADVISORS, U.S. Reg. No. 3,712, 544 in Class 36


for "Providing information, advice and consulting in the fields of finance, insurance, banking,
asset management and investment; financial investment in the fields of securities, funds, real
estate, and venture capital businesses; investment management and asset management services;
investment of funds for others; securifization, structuring and administration of investment
asSetS; securities and investment brokerage services; investment banking services; frust services,
namely, investment and trust company services; and providing online electronic databases in the
fields of finance, banking, asset management and investment" and

GUGGENHEIM REAL ESTATE, U.S. Reg. No. 3, 712, 545 in Class 36 for "Providing
information, advice and consulting in the fields of finance, insurance, banking, asset
management and investment; financial investment in the fields of securities, funds, real estate,
and venture capital businesses; investment management and asset management services;
investment of funds for others; securitization, structuring and administration of investment
assets; securities and investment brokerage services; investment banking services; trust services,
namely, investment and trust company services; and providing online electronic databases in the
fields of finance, banking, asset management and investment."

True and correct copies of these registration certificates are attached as Exhibit 4. Each of those

registrations is valid and subsisting and, pursuant to 15 U.S.C. 1057()), is "prima facie"

evidence of the validity of the GUGGENHEIM Marks, of the registration of the GUGGENHEIM

Marks, of Plaintiff Guggenheim Capital, LLC's ownership of the GUGGENHEIM Marks, and of

Plaintiff Guggenheim Capital, LLC's exclusive right to use the GUGGENHEIM Marks in

commerce for the goods and services listed in the registrations. Plaintiff Guggenheim Capital,

LLC's federal registrations also serve as constructive notice of Plaintiff's claim of ownership of

the Guggenheim Marks. 15 U.S.C. 1072.

23. In addition to Plaintiffs' registered trademarks, Plaintiffs own substantial

common law rights in other GUGGENHEIM-formative marks for a wide variety of fmancial

consultation and investment services, including GUGGENHEIM cAprrAL, GUGGENHEIM

ADVISORS, GUGGENHEIM INVESTMENT ADVISORS, GUGGENHEIM FUNDS and

GUGGENHEIM SECURITIES.

VERIFIED COMPLAINT 8
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24. For decades, Plaintiffs' GUGGENHEIM Marks have been known throughout

the United States as identifying Plaintiffs as a particular source of the highest-quality and most-

trusted financial consultation and investment services. Plaintiffs offer a wide range of financial

consultation and investment services under their GUGGENHEIM Marks. FOT example,

Plaintiffs offer opportunities to invest in investment vehicles that relate to commodities such as

such as crude oil, petroleum products and other energy sources, and activities relating to the

mining and distribution of precious metals, such as gold.


25. Over the years, Plaintiffs have invested millions ofdollars advertising and

promoting their financial consultation and investment services under the GUGGENHEIM Marks
and have earned significant revenue under the marks.
26. Over the years, Plaintiffs' GUGGEMHEIM Marks and Plaintiffs' financial

consultation and investment services offered under those marks have achieved substantial,

unsolicited media coverage in national and international publications, television coverage and

Internet coverage. A representative sample of such unsolicited coverage is attached as Exhibit 5

27. Plaintiffs' employees frequently appear on national television programs such as


and Barrons
Bloomberg and CNI3C and in business publications such as the Wall Street Journal

on issues concerning the financial and investment markets and to publicize Plaintiffs' recent

business accomplishments. In so doing, Plaintiffs' employees are identified as speaking on

behalf of Plaintiffs or as Plaintiffs' employees. A representative sample of such articles is

attached as Exhibit 6.

28. Plaintiffs' GUGGENHEIM Marks are assets of substantial value as symbols of

Plaintiffs, their high-quality products and services, and goodwill. Consumers recognize

Plaintiffs' GUGGENHEIM Marks as identifying Plaintiffs' financial consultation and

VERIFIED COMPLAINT 9
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investment services. Consumers have come to trust financial consultation and investment

services branded with Plaintiffs' GUGGENHEIM Marks. As a result of Plaintiffs' efforts and

expertise offered under the GUGGENHEIM Marks, Plaintiffs have been entrusted to manage

more than $100 billion dollars in investment funds.

B. Defendants' Scheme To DefraUd Consumers

29. Defendants recently commenced a nationwide scheme to defraud consumers by

GUGGENHEIM
offering financial consultation and investment services under Plaintiffs' famous
Marks. Using counterfeits of Plaintiff's GUGGENHEIM Marks, Defendants purport to be

Plaintiffs and offer consumers investment opportunities in bogus, large-scale transactions

involving a variety of products, such as crude oil, bank guarantees, diamonds, and gold.

Defendants distribute their counterfeit materials using email addresses ending in

guggenheimadvisors.org. Further, Defendants use the domain name guggenheimadvisors.org to


host a website purporting to offer financial consultation and investment services.

30. Plaintiffs recently learned of Defendant's fraudulent schemes when Plaintiffs

received inquiries regarding communications proposing large-scale, complex business


transactions—some worth in excess of I billion dollars—including letters, financial documents,

advertising materials, and emails, which appeared to originate from Plaintiffs, but which actually

originated from Defendants. Defendants' letters, financial documents, advertising materials, and
emails proposing business transactions prominently display Plaintiffs' mark GUGGENHEIM or

a formative of GUGGENHEIM, such as GUGGENHEIM FUND and GUGGENHEIM BANK,

such
and are replete with unauthorized uses of Plaintiffs' GUGGENHEIM marks, as

GUGGENHEIM ADVISORS and GUGGENHEIM PARTNERS. True and correct copies of

exemplars of those communications are attached as Exhibits to this Complaint and are described
in detail below.

VERIFIED COMPLAINT 10
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31. Defendants' scheme is based on engendering the false belief among consumers

that they are responding to investment offers from Plaintiffs' well-known, highly-reputable
financial services firms, when in fact Plaintiffs have nothing to do with the offers or those

individuals purporting to make the offers. Defendants create this false belief through the use of

counterfeits of Plaintiffs' GUGGENHEIM Marks, including at least the marks GUGGENHEIM,

GUGGENHEIM PARTNERS, GUGGENHEIM ADVISORS, GUGGENHEIM FUND and

GUGGENHEIM BANK.

Defendants' Oil Scheme

32. On or about July 13, 2010, Defendants emailed an unknown number of persons,

soliciting a purchase contract for crude oil for $1-3 billion dollars. Defendants' email attached

an alleged "letter of intent" purporting to be from Plaintiffs, that bore a counterfeit of Plaintiffs'
GUGGENHEIM Marks. Moreover, Defendants' counterfeit mark is presented in the identical

font, type style and distinctive purple color that Plaintiffs use for their GUGGENHEIM Marks.

A true and correct copy of the letter of intent is attached as Exhibit 7. Defendants' solicitation

contains false claims, including that Defendant Toumei works for, is acting on behalf of, or is

otherwise associated with Plaintiffs. (Id.)

33. Plaintiffs did not create or send the email dated July 13, 2010 or the letter of

intent dated May 28, 2010 attached to the email (Exhibit 7) or authorize any individual or entity

to do so.

34. On or about June 10, 2010, Defendants distributed a "letter of intent" addressed

to "EGC Corp., do Dr. Fadi Noah and Michael Donovan, seeking the purchase of a large

quantity of crude oil. A true and correct copy of Defendants' letter of intent is attached as

Exhibit 8. Defendants' "letter of intent" purported to be from Plaintiffs and bore a counterfeit of

VERIFIED COMPLAINT 11
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Plaintiffs' GUGGENHEIM Marks. This letter also contains false claims, including that

Defendant Toumei works for, is acting on behalf of, or is otherwise associated with Plaintiffs.

35. Plaintiffs did not create or send the purported "letter of intent" dated June 10,

2010 (Exhibit 8) or authorize any individual or entity to do so.


36. Sometime between July through October 2010, Defendants emailed an

unknown number of persons, soliciting a purchase contract for crude oil for a "Mr. Guggenheim"

of the "Guggenheim Family, referencing a website located at http:11www.guggenheimorg. The

email solicitation represented that a "Mr. Guggenheim" sought to purchase between $1 billion

and $3 billion of crude oil before the end of the next business day. The solicitation further

instructed that the purchasers (the alleged "Guggenheim Family" and a "Mr. Guggenheim")

required proof of purchase "up front, and that proof of purchase may be sent "via confidential

email to his mandate, Catarina, or to Mr, Guggenheim's "family offices in New York."

Alternatively, the email stated that proof of purchase "can be shown at a branch of the seller's

bank located in New York." Pursuant to that option, the email explained that "[a]s a major

shareholder in Deutsche Bank, Mr. Guggenheim will accompany the seller's bank officers [in

New York] to view the POP." Defendants' email solicitation contained false claims and false

implications, including:
Defendant Toumei works for, is acting on behalf of, or is otherwise associated with

Plaintiffs and/or the Guggenheim family; and

Defendant Toumei represents a "Mr. Guggenheim, who is a member of the Guggenheim

family and is "a major shareholder in Deutsche Bank."


37. Plaintiffs did not create or send the purported oil purchase offer described in

paragraph 36 above or authorize any individual or entity to do so.

VERIFIED COMPLAINT 12
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Defendants' Gold Scheme

38. On or about July 7, 2010, Defendants sent an email purporting to solicit a

purchase of gold for a "Mr. Zladimir Z. Guggenheim." A true and correct copy of that email is

attached as Exhibit 9. The email stated, in part, "I took our buyersrl personal contact info out of

ths [sic] agreement...you can see who he is...friend of the family and very close with Caterina
who is his agent as you can see in the agreement." (Id.)

39. Defendants' July 7 email purported to attach a "Gold Purchase Agreement,

dated July 20, 2010, allegedly representing a purchase of $1 billion of 24k gold bars, with the

Vladimir Z. Guggenheim" from "New York, New York." A true and


purchaser listed as "Mr.
correct copy of Defendants' agreement is attached as part of Exhibit 9. The document creates

the false impression that Plaintiffs are connected with the agreement and stand behind the

agreement. Defendants' agreement lists the buyer's "agent" as "Lady Catarina Pieta Toumei,

and lists details for a purported bank account to be used by the seller under the name "Lady

Catarina Pietra Toumei." (Id.) Further, the agreement purports to contain a "digital signature"

of Mr. Vladimir Z. Guggenheim. (Id.)


40. Plaintiffs did not create or distribute the July 7, 2010 email forwarding the

purported "Gold Purchase Agreement" or the "Gold Purchase Agreement" itself (Exhibit 9), or
authorize any individual or entity to do so, and have nothing to do with the agreement.

Defendants' Scheme To Defraud The Coca-Cola Company In Plaintiffs' Name

41. From approximately August 15, 2010 through September 15, 2010, Defendant

Toumei made in excess of 20 telephone calls to The Coca-Cola Company, falsely claiming to be

connected to Plaintiffs. On or about September 2, 2010, Defendant Zuravel and Defendant

Birnbaum contacted The Coca-Cola Company via telephone, falsely claiming to be affiliated

VERIFIED COMPLAINT 13
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with Plaintiffs. Defendants repeatedly requested a dinner meeting with senior leadership ofThe

Coca-Cola Company to discuss financial investments.

42. Defendants provided The Coca-Cola Company with several telephone numbers

for the fictitious Mr. Vladimir Z. Guggenheim and Mr. David B. Guggenheim. A true and

correct copy of an email from The Coca-Cola Company to Plaintiffs listing the telephone

numbers Defendants provided is attached as Exhibit 10. At least one of those phone numbers is

registerexl to Defendant Birnbaum in New York, NY. (See Exhibit 3.)


43. Plaintiffs did not make the telephone calls to The Coca-Cola company, nor did

Plaintiffs authorize any individual or entity to do so.

44. The statements that Defendants made to The Coca-Cola Company during the

telephone calls between August 15, 2010 and September 15, 2010 were knowingly and

intentionally false when made.


Defendants' Scheme Relating To "Bank Guarantees"

45. On or about September 28, 2010, Defendant Toumei emailed a Chad Goren,

purporting to offer for sale "Bank Guarantees" in the name of Plaintiffs. A true and correct copy

of Defendants' email is attached as Exhibit 11. Defendants' email stated, in part, "I can put you

on the phone with Mr. Guggenheim when you call me (as I work with him full-time, daily...

(Id.) Defendant's email also referred to "Theodor Pardo" (Defendant Pardo) as one of

Defendant Toumei's "filters, the intermediaries to get to [her], in order to make sure the buyer

was real... (a) Defendants' email contained an attachment purporting to be a letter of

intent dated September 28, 2010, stating that a "Mr. David B. Guggenheim and Mr. Vladimir Z.

Guggenheim" are "ready, willing and able to issue Bank Guarantees form Deutshe Bank, Credit

Suisse, HSBC London, and Barclays London." A true and correct copy of Defendants' letter of

VERIFIED COMPLAINT 14
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intent is attached in Exhibit 11. Defendants' alleged letter of intent contained a counterfeit of

Plaintiffs' GUGGENHEIM Marks. (Id.) Moreover, Defendants' counterfeit mark uses the same

distinctive purple color that Plaintiffs use for their GUGGENHEIM Marks. The letter instructed

potential purchasers to send "proof of funds" to the attention of Mr. David. B. Guggenheim and
Mr. Zladimir Z. Guggenheim, of the purported "Guggenheim Fund" at an address listed in

Brooklyn, New York. (Id.) The letter contained several false claims, including:

+I Defendant Toumei works for, is acting on behalf of, or is otherwise associated with

Guggenheim Advisors, LLC;

Defendant Toumei is the "Investment Relations Manager" for the "Guggenheim Fund;"

"Mr. David B. Guggenheim" is "Chairman" of the "Guggenheim Fund;"

"Mr. Vladimir Z. Guggenheim" is "President" of the "Guggenheim Fund;" and


46. The letter claims that the address for the "Guggenheim Fund" is "525 Ocean

Parkway, Suite 1 G-H, Brooklyn, NY 11218." The 525 Ocean Parkway address contained in

Defendants' letter attached as Exhibit 11 is listed as the residence for Defendant Birnbaum. (See

Exhibit 3.)

47. Plaintiffs did not create or distribute the September 28, 2010 email forwarding

the purported letter of intent toward bank guarantees or the letter of intent itself (Exhibit 11) or

authorize any individual or entity to do so, and have nothing to do with the alleged letter of

intent.

48. Also, on or about September 28, 2010, one of Defendants spoke with a Chad

Geren on the telephone, purporting to be "Vladimir Guggenheim, falsely claiming that he is


connected to Plaintiffs and encouraging Mr. Geren to participate in an investment.

VERIFIED COMPLAINT 15

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49. Later on or about September 28, 2010, Defendant Toumei sent another email to

Mr. Chad Geren, stating in part, "I am pleased that you had the (rare) opportunity to speak with

Mr. Vladimir Guggenheim today." Defendant Toumei also provided alleged contact information

for Vladimir Guggenheim, listing his "private phone" as (347) 459-2000 and his "private" email

as vz@vzltd.com. A true and correct copy of this email is attached as Exhibit 12.

50. The domain name vatid.com is registered to Defendant Vladimir Zuravel. A

true and correct copy ofthe Whols record for that domain name is attached as Exhibit 2.

51. On October 9, 2010, Defendants falsely solicit a transacfion for sale of "Bank

Guarantees" in the name of Plaintiffs. Defendant Toumei emailed purported terms related to the

alleged transaction. A true and correct copy of Defendants' email (stamped 3:59 p.m.) is shown

in the email chain attached as Exhibit 13. Defendants' email falsely stated, in part, that

"Mr. Guggenheim informed me today that Messrs. Guggenheim are ready, willing, and able to

issue Bank Guarantees from Royal Bank of Scotland, HSBC, Barclays, Deutshe Bank and Credit

Suisse, that are 100% Gold-backed, and available in the denominations of $300 million, $500

million, and $1 billion." (Exhibit 13.) Further, Defendants' email offered:

"Additionally, we are currently offering 100% cash-backed Bank


Guarantees in the denominations of $1 Billion, $5 Billion, $25 Billion, and
higher amounts. Mr. Guggenheim will customize the Bank Guarantee
procedures to your buyer's needs and discuss higher amounts, and pricing
confidentially and privately over the phone. Additionally, Messrs.
Guggenheim are currently offering loans of $1 Billion and larger amounts,
for those who own Gold AU that they can utilize as collateral."

(Id.) Defendants' email contained several false claims and implications, including that

Defendant Toumei works for, is acting on behalf of, or is otherwise associated with Plaintiffs.

52. Plaintiffs did not create or distribute the October 9, 2010 email (Exhibit 13)

proposing a transaction for bank guarantees or authorize any individual or entity to do so, and
have nothing to do with the proposal.

VERIFIED COMPLAINT 16
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 17 of 49

53. On or about October 10, 2010, one or more ofDefendants voke on the

telephone with the potential investors targeted by the email proposal shown in Exhibit 13,

purporting to be connected to Plaintiffs and encouraging potential investors to participate in the

alleged bank guarantee transaction. (See October 10, 2010 email stamped 4:37 p.m. in Exhibit

54. In response to Defendants' email proposal show in Exhibit 13, a potential


investor forwarded the proposal via email for further consideration. A true and correct copy of

the potential investor's email is shown in the email chain attached as Exhibit 13 (see October 10,

2010 email stamped 2:16 p.m. in Exhibit 13.) Describing the purported transacfion, the potential
investor stated that: "This is a buyer-centric AU officer and I believe the Guggenheim Trust

may have interest in this offer. I can bring the CEO of the company into a [conference] call if

[the potential buyers] have solid/concerted interest." (Id.) (emphasis added).


Defendants' Diamond Scheme

55. On or about October 11, 2010, Defendants sent multiple emails falsely

purporting to solicit a sale of diamonds on behalf of Vladimir Z. Guggenheim and David B.

Guggenheim. A true and correct copy of one of Defendants' email communications is attached

as Exhibit 1. The emails contain an attachment which falsely purports to be a letter of intent

One letter of intent addressed to Mr.


concerning the transaction, dated October 12, 2010. was a

Chris Brown and one was addressed to a Mr. Eli Pichel. A true and correct copy ofthe letters of

intent addressed to Mr. Chris Brown and Mr. Pichel are attached as Exhibits 14 and 15. Each

letter of intent bears a counterfeit of Plaintiffs' GUGGENHEIM Marks. Moreover, Defendants'

counterfeit mark uses the same distinctive purple color that Plaintiffs use for their

GUGGENHEIM Marks. The letters appear to be written on letterhead from Plaintiffs located in

VERIFIED COMPLAINT 17
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 18 of 49

"New York, New York, and contain false references to affiliations with Plaintiffs. The letters

of intent included false claims, including that and Defendant Toumei is the "Investment

Relations Managef' for the non-existent "Guggenheim Fund."

56. Plaintiffs did not create or distribute the October 11, 2010 email (Exhibit 1) or

the two October 12, 2010 letters of intent proposing diamond sales (Exhibits 14-15) or authorize

and individual or entity to do so, and have nothing to do with the proposals.
57. In response to an ongoing chain of email communications with Defendants

concerning the purported diamond transaction, and letter of intent attached as Exhibit 14,

addressed to Mr. Chris Brown, signed by "Lady Catarina Toumei, the purported "Investment
Relations Managef' for the "Guggenheim Fund, a potential investor requested additional

documentation to proceed with the transaction. A true and correct copy of the email chain

containing that communication is attached as Exhibit 16.

58. In response to the potential investor's email, on or about October 12, 2010,

Defendants forwarded a new purported letter of intent concerning the transaction. (See email
chain reflected in Exhibit 16.) This new letter of intent was dated October 12, 2010, appeared to

be written on letterhead stationary from the purported "Guggenheim Fund" located in "New

York, New York, and was addressed to a Mr. Chris Brown. A true and correct copy of that

letter is attached as Exhibit 17. That letter purported to solicit the diamond transaction directly

for Vladimir Z. Guggenheim, an alleged member of the Guggenheim family, and was allegedly

signed by Mr. Guggenheim. The signature on the letter is identical to the purported signature of

"Lady Catarina Toumei, as shown in Exhibits 11 and 15. Defendants' letter of intent contained

a counterfeit of Plaintiffs' GUGGENHEIM Marks. The letter contained multiple false claims of

VERIFIED COMPLArNT 18
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 19 of 49

affiliations with Plaintiffs, including that Defendant Zuravel is "President" ofthe purported

"Guggenheim Fund."
59. Plaintiffs did not create or distribute the October 12, 2010 letter of intent

allegedly signed by Mr. Vladimir Z. Guggenheim (Exhibit 17) or authorize any individual or
entity to do so, and have nothing to do with the proposal.
60. On or about October 23, 2010, Defendants used the Internet to send emails to an

unknown number of persons purporting to solicit the sale of diamonds and used a counterfeit of
Plaintiffs' GUGGENHEIM Mark in the solicitation. Defendant Pichel sent an email with the

subject "ROUGH DIAMONDS —NEW YORK GUGGENHEIM FUND CONFIDENTIAL

OFFER" containing an offer to sell diamonds from the purported "Guggenheim Fund." A true

and correct copy ofthese emails are attached as Exhibit 18. In the emails, Defendant Pichel

falsely represents himself as a "fiduciary" for the so-called Guggenheim Fund. (Id.) The emails

also invite the buyer to inspect the diamonds in New York. (Id.) Defendant Pichel's October 23,

2010 emails contain multiple false and fraudulent claims of affiliations with Plaintiffs, including

that Defendant Pichel is the "fiduciary" ofthe "Guggenheim Fund."

61. Plaintiffs did not create or distribute the October 23, 210 emails (Exhibit 18)

containing terms for a purported diamond sale or authorize any individual or entity to do so, and

have nothing to do with the proposal.

62. Defendants' October 23, 2010 emails contained counterfeits of Plaintiffs'

GUGGENHEIM Marks (Exhibit 18) and attached several documents, including the letter

attached as Exhibit 15 to this Complaint. It also attaches a "Letter of Intent" with a Transaction

code "PICHEL/GUGGENHEIM/DIAMONDS/NY/2010, addressed to the "Guggenheim Fund,

Attn. Mr. Vladimir Guggenheim, C/O Mr. Eli Pichel, LL.M., Tax Lawyer." A true and correct

VERIFIED COMPLAINT 19
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 20 of 49

19. The location of the proposed transaction


copy of this "Letter of Intent" is attached as Exhibit

is "New York, USA." (Id.) The terms provide that upon the alleged seller's approval of buyer,

seller will visit "New York, USA" for the inspection of the diamonds and the consummation of

the transaction. (Id.)

63. Defendant Pichel's October 2010 "Letter of Intent" (Exhibit 19) contained a

counterfeit of Plaintiffs' GUGGENHEIM Marks. The letter also contained multiple false claims

of affiliations with Plaintiffs, including that Defendant Pichel represents Mr. Vladimir Z.

Guggenheim and the "Guggenheim Fund."


64. Plaintiffs did not create or distribute the October 2010 letter of intent (Exhibit

12) or authorize any individual or entity to do so, and have nothing to do with the proposal.

65. Defendant Pichel's October 23, 2010 emails (Exhibit 18), which bear a

counterfeit of Plaintiffs' GUGGENHEIM Marks, also attaches a "Master Fee Protection

Agreement and Irrevocable Corporate Payment Order" with a Transaction code

"FICHEL/GUGGENHEIM/DIAMONDS/NY/2010." A true and correct copy of this "Master

Fee Protection Agreement" is attached as Exhibit 20, Defendants' "Master Fee Protection

"Master
Agreement" contained a counterfeit of Plaintiffs' GUGGENHEIM Marks. Defendants'

Fee Protection Agreement" purports to be for the sale of rough diamonds and lists the

"Guggenheim Fund" as the "owner and seller, and "Mr. Eli Pichel" as the "fiduciary" and

"seller side beneficiar[y]." The location of the proposed transaction is "New York, USA." (Id.)

Defendants' "Master Fee Protection Agreement" contains multiple false claims of affiliations

with Plaintiffs, including that Defendant Piehel is the fiduciary of the "Guggenheim Fund." (Id.)

66. Plaintiffs did not create or distribute the "Master Fee Protection Agreement and

Irrevocable Corporate Payment Order" (Exhibit 20) or authorize any individual or entity to do

VERIFIED COMPLAINT 20
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 21 of 49

so, and have nothing to do with the proposal. Plaintiffs have never authorized Defendants to use

Plaintiffs' GUGGENHEIM Marks in any manner, let alone in connection with the sale of

diamonds or any other commodity.

Other Fraudulent Acts

67. On or about October 8, 2010, Defendants sent an email containing multiple

counterfeits of Plaintiffs' GUGGENHEIM Marks in order to attempt to enter a business

Bush and President George W. Bush. A true and


relationship with President George H.W.
correct copy of Defendants' email communication is shown in the email chain attached as

Exhibit 13 (see October 8, 2010 email stamped 5:30 p.m.). The email communication, from

Defendant Toumei, states:

"I noticed in your attached bio that there are several photos of you with the
Bushes. If you have a current relationship with them, please let them
know that the Guggenheim Fund and Guggenheim Bank are at their
disposal. Messrs. Guggenheim respect their family very much and
would be very interested in discussing any kind of fmancial, new
technology, humanitarian or political projects, in which the
Guggenheims can do the funding. I can at any time 24/7 (except for
the Sabbath) get Mr. David B. Guggenheim on the phone to speak with
either President Bush, or pass on a HLS secure phone line for them to
call."

(Exhibit 13 (emphasis added).) Defendants' email contains several false claims and

impressions, including that Defendants are connected with Plaintiffs through the

"Guggenheim Fund" and "Guggenheim Bank."


68. Plaintiffs did not create or distribute the October 8, 2010 email (see Exhibit 13)

or authorize any individual or entity to do so, and have nothing to do with the email.

69. Also on October 11, 2010, Defendant Toumei sent an email, attaching a letter to

be forwarded to the Bush family. A true and correct copy of that email is shown in the email

chain shown in Exhibit 21. Defendant Toumei stated that the letter "should be very sufficient in

VERIFIED COMPLAINT 21

A
Case 1 :10-cv-08830-PGG Document 1 Filed 11/22/10 Page 22 of 49

setting up a meeting" with the Bush family. The letter attached to Defendant Toumei's email

communication is dated October 10, 2010, appears on letterhead that contains a counterfeit of

Plaintiffs' GUGGENHEIM Marks, and is signed by Defendant "Lady Catarina Toumei."

Moreover, Defendants' counterfeit mark uses the same distinctive purple color that Plaintiffs use

for their GUGGENHEIM Marks. A true and correct copy of that latter is attached as Exhibit 22.

Defendant's letter states:

"Messrs. Guggenheim are owners of the Guggenheim Museums,


Guggenheim Foundation, and the privately-owned Gugonheim Fund
and Guggenheim Bank. Mr. David B. Guggenheim is a major
shareholder of six of the top international banks, and a majority owner of
China National Petroleum (along with the Chinese government).
Additionally, Messrs. Guggenheim are large contributors to Home Land
Security and the U.S. Army. They are currently working at a
governmental level with several countries, which can be discussed in
person."
(Id. (emphasis added)) Defendants' letter concludes by stating that "Mlle Bush family is always

invited to Manhattan where they will be a guest of the Guggenheirns, at any time." (Id.)

Defendants' letter contained several false claims and false implications, including that

Defendants are connected with Plaintiffs through the Guggenheim Fund or the Guggenheim

Bank.

70. Plaintiffs did not create or distribute the October 10, 2010 letter (Exhibit 22) or

authorize any individual or entity to do so, and have nothing to do with the proposal.

71. On or about September 20, 2010, Defendants sent an email containing multiple

counterfeits of Plaintiffs' GUGGENHEIM Marks in order to attempt to enter a business

relationship with Mr. Rupezt Murdoch, Chairman and Chief Executive Officer of News
A true and correct copy of Defendants' email communication is attached as Exhibit
Corporation.
23. The email communication, from Defendant Toumei, states:

VERIFIED COMPLAINT 22
Case 1 :1 0-cv-08830-PGG Document 1 Filed 11/22/10 Page 23 of 49

*il'ilessn. [David B. and Vaildmir ZI Guggenheim are major


shareholders in several of the top 10 international banks, and work full
time in the international banking and oil at the government level. Messrs.
Guggenheim own and run the Guggenheim Foundation, and the
privately-held Guggenheim Bank, Guggenheim Fund..."
(Id. (emphasis added)) Defendants' letter concludes by inviting Mr. Murdoch to "discuss

potential busines with the Guggenheims" by calling David B. Guggenheim and Vladimir Z.

Guggenheim at the telephone number (858) 504-1556. (Id.) Further, the letter states that
"Messrs. Guggenheim extend an invitation for you to be their guest for dinner in Manhattan,

during the month of October, at your convenience." (Id.) Defendants' letter contained multiple

false claims and implications, including that: (a) Defendant Toumei is the "Investment Relations

Manager" of the purported "Guggenheim Fund"; (b) Defendant Birnbaum is "Chairman" ofthe

purported "Guggenheim Bank"; (c) Defendant Zuravel is "President" of the purported


"Guggenheim Bank"; and (d) Defendants are connected with Plaintiffs through the Guggenheim
Fund or the Guggenheim Bank. The telephone letter listed in the letter (Exhibit 23) is registered

to Defendant Toumei.

72. Plaintiffs did not create or distribute the September 20, 2010 letter (Exhibit 23)

or authorize any individual or entity to do so, and have nothing to do with the proposal.

Defendants' Cvberniraev

73. On or about May 28, 2010, Defendant Toumei registered the domain name

guggenheimadvisors.org, listing "Lady Catarina Toumei" as the registrant and administrative


and technical contact. A true and correct copy of the Who's record for that domain name is

attached as Exhibit 24. Defendants use the domain name to direct to a website that purports to

offer online information, advice and services concerning finance, banking and investments,

including investments in various commodities. A true and correct copy of a print-out from the

home page of that website is attached as Exhibit 25.

VERIFIED COMPLAINT 23

g
Case 1:1 0-cv-08830-PGG Document 1 Filed 11/22/1 0 Page 24 of 49

74. Among other things, the website contains multiple postings from Defendant

Toumei. (See Exhibit 25.) Defendants' use of Plaintiffs' GUGGENHEIM and GUGGENHEIM

ADVISORS marks in their domain name guggenheimadWsors.org directing to the website

described above and shown in Exhibit 25 creates the false impression that Defendants'

investment opportunities originate from Plaintiffs.


75. When one selects the link titled "About Us, on the homepage of Defendants'

website located at guggenheimadvisors.org, one is redirected to a website located at

A true and correct copy of a print-out from that website is


http://oilandcomrnodities.webs.comI.
attached as Exhibit 26. That website contains content identical to that available at Defendants'

website http://guggenheimadvisors.org. The "About Us" page, available at

httylloilandcommodities.webs.condatoutus.htm, purports to provide biographical information


about Defendant Toumei.

76. Defendants are not making a fair use or noncommercial use of Plaintiffs' marks

GUGGENHEIM and GUGGENHEIM ADVISORS in the domain name directing to Defendants'

website described above and shown in Exhibit 25. Defendants are making commercial, for-

profit use of Plaintiffs' marks in Defendants' domain name directing to the site, as Defendants'

site purports to offer online information, advice and services concerning finance, banking and

investments, advertising Defendant Toumei as the "Investment Relations Manager" for

Defendants' commercial venture.

77. Plaintiffs did not register the domain name guggenheimadvisors.org or create

the website located at guggenheimadvisors.org, or authorize any individual or entity to do so,

and have nothing to do with that website.

VERIFIED COMPLAINT 24
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 25 of 49

78. Further, Defendants are distributing investment materials to consumers by using

at least one email address ending in guggenheimadvisors.org, namely,

catarinaeguggenheimadvisors.org. (See page 2 of Exhibit 7; page 2 of Exhibit 11; and Exhibit

12.) Defendants' use of Plaintiffs' GUGGENIIEIM and GUGGENHEIM ADVISORS marks in

email addresses used to distribute purported investment materials to consumers creates the false

impression that Defendants' investment opportunities originate from Plaintiffs.

79. Plaintiffs have not distributed any materials from email addresses ending in

guggenheimadvisors.org, nor have they authorized any individual or entity to do so, and have
nothing to do with emails sent from email addresses ending in guggenheimadvisors.org,

including, without limitation, the email address catarina@guggenheimadvisors.org.


Actual Confusion Is Occurring

80. On account of Defendants' unauthorized use of Plaintiffs' GUGGENHEIM

Marks, consumers falsely believe that Plaintiffs stand behind the financial consultation and

investment services that are being offered by Defendants. Indeed, Plaintiffs have received

numerous communications from individuals who thought they were dealing with Plaintiffs when

in fact they were dealing with Defendants. See Declarations of Laurence Carroll and Jeffrey

Barnett, submitted herewith.) For example, in response to Defendants' purported offer to sell

diamonds on behalf of the "Guggenheim Fund, shown in Exhibit 18, a customer emailed

Plaintiffs on November 16, 2010, and stated his desire and intent to purchase diamonds from

Plaintiffs. A true and correct copy of that email communication is Attached as Exhibit 27.

81. Plaintiffs have also received numerous inquiries from individuals in the

financial and investment industries reflecting that they were confused as to whether Defendants

are Plaintiffs and as to Plaintiffs' affiliation with and endorsement of Defendants. For example,

VERIFIED COMPLAINT 25
Case 1 :1 0-cv-08830-PGG Document 1 Filed 11/22/10 Page 26 of 49

Plaintiffs have received email inquiries inquiring whether Defendants' "letter of intent" for the

purported purchase of crude oil, attached as Exhibit 7, is a transaction sponsored by Plaintiffs or


not. (See Declarations of Laurence Carroll and Jeffrey Barnett.)

82. Defendants are advertising and offering investment services and opportunities

under marks that are identical and confusingly similar to Plaintiffs' Guggenheim Marks

inchiding, without limitation, GUGGENHEIM, GUGGENHEIM PARTNERS, GUGGENHEIM

ADVISORS, GUGGENHEIM FUND, GUGGENHEIM BANK and GUGGENHEIM

ADVISORS.

83. Defendants' unauthorized use of marks confusingly similar to Plaintiffs'

GUGGENHEIM Marks is designed to cause confusion, mistake or deception.

84. Defendants' acts were undertaken with the intent to trade upon the goodwill and

recognition associated with Plaintiffs' GUGGENHEIM Marks.


85. On account of Defendants' unauthorized use of Plaintiffs' GUGGENHEIM

Marks, consumers falsely believe that Plaintiffs stand behind the financial consultation and

investment services that are being offered by Defendants. (See supra, 111 80-81.)

86. Although Defendants may purport to operate by, through, or on behalf of


business organizations, such organizations are specious and used merely to cover personal or

joint ends, rather than corporate ends, that Defendants have a unity of interest and ownership

such that the separate personalities of any involved corporations and individuals do not exist, and

that if the acts are treated as those of the involved corporations or business organizations alone,

an inequitable result will follow.

VERIFIED COMPLAINT 26
Case 1 :1 0-cv-08830-PGG Document 1 Filed 11/22/10 Page 27 of 49

87. Defendants' acts have caused damage and irreparable injury to Plaintiffs and the

public, and will cause further damage and irreparable injury ifDefendants are not restrained by
the Court.

88, Plaintiffs have received communications showing that Defendants' email

addresses include: (1) Defendant Toumei, ladycatarinapietra@gmail.com;

catarina®guggenheimadvisors.org: catarinafrederick@sbcglobal.net; cat@bestsellingwriter.net;


and cpeount©aol.com; (2) Defendant Zuravel, vz@vzItd.com and vsvzus@live.com; and (3)
Defendant Pichel, pichelconsultancy©yahoo.com and pichelconsultanmeattglobanet. (See

Exhibits

89. Defendant Tomei has an outstanding tax lien with the state of Hawaii for over

$30, 000. (See Exhibit 28.)

FIRST CLAIM FOR RELIEF


INFRINGEMENT OF FEDERALLY REGISTERED
TRADEMARKS (15 U.S.C. 1114(1)(a))

90. Plaintiffs reallege and incorporate each and every allegation contained in the

paragraphs above as though fully set forth herein.


91. Plaintiffs own federally registered GUGGENHEIM Marks for financial

consultation and investment services.

92. Defendants are using in commerce marks identical and substantially identical to

Plaintiffs' federally registered GUGGENHEIM Marks to offer a variety of for financial

consultation and investment services.

93. Defendants' use of Plaintiffs' GUGGENHEIM Marks for Defendants' products

and services is likely to confusion, mistake or deception as to source, origin, affiliation,

connection or association, in violation of 15 U.S.C. 1114.

VERIFIED COMPLAINT 27
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 28 of 49

94. Defendants had actual and constructive knowledge of Plaintiffs' ownership of

Plaintiffs' federally registered GUGGENHEIM Marks prior to Defendants' use of those marks.

95. Defendants' acts constitute knowing, deliberate and willful infringement of

Plaintiffs' federally registered GUGGENHEIM Marks and render this an "exceptional case"

wader 15 U.S.C. 1117(a).

96. Defendants' acts have caused Plaintiffs to lose control over the reputation and

goodwill associated with Plaintiffs' GUGGENHEIM Marks.


97. Plaintiffs have suffered damages and Defendants have obtained profits and/or

unjust enrichment as a result of Defendants' willful infringement of Plaintiffs' GUGGENHEIM

Marks.

98. Defendants' acts irreparably injure Plaintiffs' business, reputation and goodwill.

Unless Defendants are enjoined from their wrongful conduct, Plaintiffs and the public will

continue to suffer irreparably injury and harm, for which they have no adequate remedy at law.
SECOND CLAIM FOR RELIEF
TRAFFICKING EN COUNTERFEIT MARKS
(15 U.S.C. 1114)

99. Plaintiffs reallege and incorporate each and every allegation contained in the

paragraphs above as though fully set forth herein.


100. Plaintiffs own federal registrations for Plaintiffs' GUGGENHEIM Marks.

101. Defendants offer financial consultation and investment servicac in commerce

under Plaintiffs' GUGGENHEIM Marks and marks that are virtually identical to Plaintiffs'

GUGGENHEIM Marks. Defendants' use of Plaintiffs' federally registered GUGGENHEIM

Marks or marks that are virtually identical to those marks for the products and services identified

VERIFIED COMPLAINT 28

4
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 29 of 49

in Plaintiffs' registration certificates constitutes the knowing use of counterfeit marks in violation
of 15 U.S.C. 1114(1).

102. Defendants' knowing use of counterfeit marks in the trafficking and/or

attempted trafficking in counterfeit services is likely to cause confusion, mistake or deception as


to source, origin, affiliation, connection or association of Defendants' products and services.
103. Defendants' acts have caused Plaintiffs to lose control over the reputation and

goodwill associated with Plaintiffs' GUGGENHEIM Marks.


104. Plaintiffs have suffered damages and Defendants have obtained profits and/or

unjust enrichment as a result of Defendants' counterfeiting of Plaintiffs' GUGGENHEIM Marks.

105. Defendants' acts irreparably injure Plaintiffs' business, reputation and goodwill.

Unless Defendants are enjoined from their wrongful conduct, Plaintiffs and the public will

continue to suffer irreparably injury and harm, for which they have no adequate remedy at law.

THIRD CLAIM FOR RELIEF


FEDERAL TRADEMARK DILUTION
15 U.S.C. 1125(c)

106. Plaintiffs reallege and incorporate each and every allegation contained in the

paragraphs above as though fully set forth herein.


107. Plaintiffs' GUGGENHEIM Marks are famous and distinctive.

108. Defendants commenced use of Plaintiffs' GUGGENHEIM Marks in commerce

after those marks had become famous and distinctive.

109. By using Plaintiffs' GUGGENHEIM Marks in connection with schemes to

defraud consumers, Defendants have injured Plaintiffs' business reputation, blurred and

tarnished the distinctive quality of Plaintiffs' GUGGENHEIM Marks, and lessened the capacity

VERIFIED COMPLAINT 29
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 30 of 49

of Plaintiffs' famous GUGGENHEIM Marks to identify and dislinguish Plaintiffs' goods and

services, in violation of 15 U.S.C. 1125(c).

110. Defendants' acts have caused Plaintiffs to lose control over the reputation and

goodwill associated with the GUGGENHEIM Marks.


111. Defendants' acts irreparably injure Plaintiffs' business, reputation and goodwill.

Unless Defendants are enjoined from their wrongful conduct, Plaintiffs and the public will

continue to suffer irreparably injury and harm, for which they have no adequate remedy at law.
FOURTH CLAIM FOR RELIEF
FEDERAL CYBERPIRACY
15 U.S.C. 1125(d)

112. Plaintiffs reallege and incorporate each and every allegation contained in the

paragraphs above as though fully set forth herein.


113. Defendants have registered, trafficked in and used the domain name

guggenheimadvisors.org.
114. Defendants' domain name guggenheimadvisors.org incorporates Plaintiffs'

federally registered GUGGENHEIM mark and GUGGENHEIM ADVISORS mark in their

entireties. Defendants' domain name is identical to and confusingly similar to Plaintiffs'

GUGGENHEIM Marks.

115. Defendants registered and are using the domain name guggenheimadvisors.org

without Plaintiffs' authorization and in a bad faith intent to profit from Plaintiffs'

GUGGENHEIM Marks and to deceive consumers, in violation of 15 U.S.C. 1125(d).

116. Plaintiffs' GUGGENHEIM Marks were distinctive and famous at the time

Defendants registered the domain name guggenheimadvisors.org and remain so today.

VERIFIED COMPLAINT 30
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 31 of 49

117. Defendants' domain name guggenheimadvisors.org does not resolve to a

website owned by Plaintiffs. Rather, it resolves to a website controlled by Defendants.

118. Defendants knew that their use of the domain name guggenheirnadvisors.org is

not fair use and is unlawful.

119. Defendants' unlawful registration and use of guggenheimadvisors.org infringes

Plaintiffs' GUGGENHEIM Marks and irreparably injures Plaintiffs' business, reputation and

goodwill. Unless Defendants are enjoined from their wrongful conduct, Plaintiffs and the public
will continue to suffer irreparable injury and harm, for which they have no adequate remedy at

FIFTH CLAIM FOR RELIEF


FALSE ADVERTISING
15 U.S.C. 1125(a)

120. Plaintiffs reallege and incorporate each and every allegation contained in the

paragraphs above as though fully set forth herein.

121. Defendants are making false and misleading statements that Defendants and

their products and services are affiliated with, sponsored by, or endorsed by Plaintiffs, and those

statements are material in the purchasing decision or concern a critical attribute ofthose products

and services.

122. Defendants' knowing and intentional express and/or implied falsehoods that

their products and services are sponsored, endorsed, or otherwise connected with Plaintiffs'
services constitute false descriptions or representations of fact, in violation of 15 U.S.C.

1125(a).

123. Defendants' acts have caused Plaintiffs to lose control over the reputation and

goodwill associated with Plaintiffs' Guggenheim Marks.

VERHIED COMPLAINT 31
Case 1:1 0-cv-08830-PGG Document 1 Filed 11/22/1 0 Page 32 of 49

124. Plaintiffs have suffered damagss and Defendants have obtained profits and/or

unjust entichment as a result of Defendants' false advertising.

125. Defendants' acts irreparably injure Plaintiffs' business, reputation and goodwill.

Unless Defendants are enjoined from their wrongfial conduct, Plaintiffs and the public will

continue to suffer imparably injury and harm, for which they have no adequate remedy at law.

SIXTH CLAIM FOR RELIEF


FEDERAL UNFAIR COMPETITION & FALSE DESIGNATION OF ORIGIN
15 U.S.C. 1125(a)

126. Plaintiffs reallege and incorporate each and every allegation contained in the

paragraphs above as though fully set forth herein.


127. Defendants' acts constitute unfair competition and false designation of origin

because they are likely to cause confusion, mistake or deception as to source, origin, affiliation,
connection or association between Defendants and Defendants' counterfeit services, on the one

hand, and Plaintiffs and Plaintiffs' GUGGENHEIM Marks, on the other hand.

128. Defendants' acts have caused Plaintiffs to lose control over the reputation and

goodwill associated with Plaintiffs' GUGGENHEIM Marks.


129. Plaintiffs have suffered damages and Defendants have obtained profits and/or

unjust enrichment as a result of Defendants' unfair competition and false designation of origin.

130. Defendants' acts irreparably injure Plaintiffs' business, reputation and goodwill.

Unless Defendants are enjoined from their wrongful conduct, Plaintiffs and the public will

continue to suffer irreparable injury and harm, for which they have no adequate remedy at law.

VERIFIED COMPLAINT 32

g
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 33 of 49

sEvsNm ciimm FOR RELIEF


FEDERAL CIVIL RICO VIOLATIONS
18 U.S.C. 1962(c)

131. Plaintiffs reallege and incorporate each and every allegation contained in the

paragraphs above as though fully set forth herein.


112. Defendants' scheme was carried out by an "enterprise" as that term is defined in

18 U.S.C. 1961(4), consisting of an ongoing association-in-fact, which included Defendants


and others. The members of the enterprise were a continuing unit in a particular course of

fraudulent conduct by working together in furtherance of their common goal of defrauding

consumers into investing money and purchasing products and services under false pretenses

through a pattern of racketeering involving wire fraud, mail fraud and trafficldng in counterfeit

GUGGENHEIM marks. Defendants constitute an enterprise engaging in a pattern of

racketeering activity within the meaning of 18 U.S.C. 1961(4) and 1962(c).

133. Defendant Toumei is an individual "person" within the meaning of 18 U.S.C.

1961 and 1962(c) who associated with, and/or conducted and participated, directly and

indirectly, in the conduct of said enterprise's affairs through a pattern of racketeering activity in

violation of 18 U.S.C. 1962(c).

134. Defendant Zuravel is an individual "person" within the meaning of 18 U.S.C.

1961 and 1962(c) who associated with, and/or conducted and participated, directly and

indirectly, in the conduct of said enterprise's affairs through a pattern of racketeering activity in

violation of 18 U.S.C. 1962(c).

135. Defendant Birnbaum is an individual "person" within the meaning of 18 U.S.C.

1961 and 1962(c) who associated with, and/or conducted and participated, directly and

VERIFIED COMPLAINT 33
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 34 of 49

indirectly, in the conduct of said enterprise's affairs through a pattern of racketeering activity in
violation of 18 U.S.C. 1962(c).

136. Defendant Pichel is an individual "person" within the meaning of 18 U.S.C.

1961 and 1962(c) who associated with, and/or conducted and participated, directly and

indirectly, in the conduct of said enterprise's affairs through a pattern of racketeering activity in
violation of 18 U.S.C. 1962(c).

137. Defendant Pardo is an individual "person" within the meaning of 18 U.S.C.

1961 and 1962(c) who associated with, and/or conducted and participated, directly and

indirectly, in the conduct of said enterprise's affairs through a pattern of racketeering activity in
violation of 18 U.S.C. 1962(c).

138. Each of the Doe Defendants is an individual "person" within the meaning of 18

U.S.C. 1961 and I962(c) who associated with, and/or conducted and participated, directly and

indirectly, in the conduct of said enterprise's affairs through a pattern of racketeering activity in
violation of 18 U.S.C. 1962(c).

139. As a necessary component of the execution of Defendants' scheme to defraud

consumers, Defendants have conducted or participated, directly or indirectly in the conduct of


the enterprise's affairs through a pattern of racketeering activity including, but not limited to,

multiple instances of wire fraud (18 U.S.C. 1343), mail fraud (18 U.S.C. 1341), and

trafficking in counterfeits of Plaintiffs' GUGGENHEIM Marks (15 U.S.C. 1114).

140. Defendants engaged in wire fraud in violation of 18 U.S.C. 1341 by using the

Internet and telephone to make, or cause to be made, false, fraudulent and misleading

representations in order to execute their scheme to induce consumers and investors to make

payments and engage in illegitimate commercial transactions. In particular:

VERIFIED COMPLAINT 34
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 35 of 49

a) From approximately May 28, 2010 through July 13, 2010, Defendant Toumei
used the Internet in multiple attempts to solicit a fraudulent letter of intent, to an
unknown number of persons, containing multiple counterfeit GUGGENHEIM
marks, towards the purchase of a crude oil contract on behalf ofVladimir Z.
Guggenheim and David B. Guggenheim, allegedly members ofthe Guggenheim
family. (See Exhibit 7.)

b) On about June 10, 2010, Defendants used the Internet in attempts to solicit a
or
fraudulent "letter of intent, containing multiple counterfeit GUGGENHEIM
marks, addressed to "EGC Corp., do Dr. Fadi Noah and Michael Donovan,
towards the purchase of a crude oil contract on behalf of Vladimir Z.
Guggenheim, allegedly a member of the Guggenheim family. (See Exhibit 8.)

c) Between January 2010 through October 2010, Defendants used the Internet to
distribute an email containing purported terms towards a fraudulent transaction
towards the sale of crude oil, to an unknown number of persons, on behalf of a
"Mr. Guggenheim" of the Guggenheim family. (See supra, 36.)

d) On or about July 7, 2010, Defendant Toumei used Mike Williams who used the
Internet in attempts to solicit a fraudulent "Gold Purchase Agreement" on behalf
of Vladimir Z. Guggenheim, allegedly a member of the Guggenheim family. (See
Exhibit 9.)

e) On about July 10, 2010, Defendants used the Internet in attempts to solicit a
or
fraudulent "Gold Purchase Agreement" to an unknown number of persons, on
behalf of Vladimir Z. Guggenheim, allegedly a member of the Guggenheim
family. (See Exhibit 9.)

f) Between approximately August through September 2010, Defendants, including,


without limitation, Defendant Toumei, Defendant Zuravel and Defendant
Birnbaum, made multiple telephone calls to The Coca-Cola Company, seeking to
partner towards investments, falsely claiming to represent and be connected with
Plaintiffs and part of the Guggenheim family. (See Exhibit 10.)

g) On orabout September 28, 2010, Defendant Toumei used the Internet in attempts
to solicit a fraudulent letter of intent toWards the sale of "Bank Guarantees" to a
Chad Geren, on behalf of the non-existent "Guggenheim Fund, and David B.
Guggenheim and Vladimir Z. Guggenheim, allegedly members of the
Guggenheim family. (See Exhibit 11.)

h) On or about September 28, 2010, Defendants used the telephone in attempts to


fraudulently induce Chad (3eren to enter into a business relationship by falsely
claiming to be connected to Plaintiffs and/or the Guggenheim family. (See

i) On or about October 9, 2010, Defendant Toumei used the Internet to distribute an


email containing purported terms towards a fraudulent transaction for the sale of

VERIFIED COMPLAINT 35

d
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 36 of 49

bank guarantees, to an unknown number of persons, on behalf of the purported


"Guggenheim Fund and a "Mr. Guggenheim" ofthe Guggenheim family. (See
Exhibit 13.)

j) On or about October 10, 2010, Defendants used the telephone in attempts to


fraudulently potential investors to into a business relationship with Defendants by
falsely claiming to be connected to Plaintiffs and/or the Guggenheim family. (See
Exhibit 13.)

k) On or about October 11, 2010, Defendants used the Internet to distribute emails
purporting to solicit letters of intent towards sales of diamonds, to an unknown
number of persons, on behalf of the purported "Guggenheim Fund." (See
Exhibits 1, 14-15.)

1) On or about October 12, 2010, Defendants Toumei and Zuravel used the Internet
to distribute a letter of intent towards the sales of diamonds, to a Mr. Chris
Brown, on behalf ofthe purported "Guggenheim Fund." (See Exhibits 14, 17.)

m) On or about October 23, 2010, Defendant Pichel used the Internet to distribute
emails containing purported terms towards a fraudulent transaction for the sale of
diamonds, to an unknown number of persons, on behalf of the purported
"Guggenheim Fund." (See Exhibit 18.)

n) On orabout October 23, 2010, Defendant Pichel used the Internet to distribute a
letter of intent and "Master Fee Protection Agreement and Irrevocable Corporate
Payment Order" towards a fraudulent transaction for the sale of diamonds, to an
unknown number of persons, on behalf ofthe purported "Guggenheim Fund."
(See Exhibits 19-20.)

o) On or about October 8, 2010, Defendant Toumei used the Internet to send emails
containing several false representations concerning Defendants' association with
Plaintiffs and the Guggenheim family in attempts to enter a business relationship
with former Presidents George H.W. Bush and George W. Bush. (See Exhibit
21.)

p) On orabout October 10, 2010, Defendants used the Internet to distribute a letter
on behalf of the purported "Guggenheim Fund" in attempts to enter a business

relationship with former Presidents George H.W. Bush and George W. Bush.
(See Exhibit 22.)

q) On or about October 8, 2010, Defendant Toumei used the Internet to send an


email containing several false representations concerning Defendants' association
with Plaintiffs and the Guggenheim family in attempt to enter a business
relationship with R.upert Murdoch, CEO of New Corporation. (See Exhibit 23.)

VERWIED COMPLAINT 36
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 37 of 49

141. Defendants engaged in mail fraud and trafficking of counterfeit


GUGGENHEIM trademarks by using marks identical to Plaintiffs' GUGGENHEIM marks in

connection with Defendants' offering of alleged financial consultation and investment services.

For example, Defendants inccoporated counterfeit GUGGENHEIM marks in the following


communications:

a) May 28, 2010 letter soliciting fraudulent purchase of crude oil contract (See
Exhibit 7);

b) June 10, 2010 fraudulent "letter of intent" soliciting fraudulent purchase of crude
oil contract (See Exhibit 8);

c) July 10, 2010, fraudulent "Gold Purchase Agreement" (See Exhibit 9);

d) September 28, 2010 fraudulent letter of intent towards the sale of non-existent
"Bank Guarantees (See Exhibit 11);

e) October 8, 2010 email attempting to enter into a business relationship with


President George H.W. Bush and President George W. Bush on behalf of the
Guggenheim family (See Exhibit 13);

f) October 12, 2010 letter to "Chris Brown, signed by Defendant Tomei,


soliciting fraudulent sale of diamonds (See Exhibit 14);

g) October 12, 2010 letter of intent to "Chris Brown, signed by Defendant Zuravel,
soliciting fraudulent sale of diamonds. (See Exhibit 17);

h) October 23, 2010 email from Defendant Pichel soliciting fraudulent sale of
diamonds (See Exhibit 18);

i) October 2010 "letter of intent" to "Guggenheim Fund, Attn. Mr. Vladmir


Guggenheim, C/O Mr. E. Pichel, toward fraudulent sale of diamonds (See
Exhibit 19);

j) October 2010 "Master Fee Protection Agreement" for fraudulent rough diamond
transaction (See Exhibit 20); and

k) October 10, 2010 fraudulent letter to "Robert K. Goodwin, seeking to enter into
a business relationship with President George H.W. Bush and President George
W. Bush on behalf of the purported "Guggenheim Fund (See Exhibit 22).

VERIFIED COMPLAINT -37..


Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 38 of 49

1) October 8, 2010 email to "Rupert Murdoch, Chairman and CEO, News


Corporation." (See Exhibit 23.)
142. Further, Defendants have used counterfeit marks identical to or substantially

indistinguishable from Plaintiffs' GUGGENHEIM Marks in connection with Defendants'

offering of alleged financial consultation and investment services through Defendants' website at
guggenheimadvisors.org.
143. Defendants made false, fraudulent, or misleading statements through the acts

described above, or caused them to be made, with the intent to execute their scheme to defraud

consumers into investing money based on a pattern of racketeering consisting of wire fraud, mail

fraud, and trafficking in counterfeits of Plaintiffs' GUGGENHEIM Marks.

144. Defendants knowingly used federally regulated wire communications, federal

mails and trafficked in counterfeits of Plaintiffs' GUGGENHEIM Marks, for the purpose of

executing their scheme to defraud consumers into investing money based on a pattern of

racketeering consisting of wire fraud, mail fraud, and trafficking in counterfeit GUGGENHEIM

Marks.

145. The use of the federally regalated wire communications, federal mails, and

trafficking in counterfeits of Plaintiffs' GUGGENHEIM Marks was essential and/or incident to


essential parts of Defendants' scheme and artifice to execute their scheme to defraud consumers

into investing money based on a pattern of racketeering consisting of wire fraud, mail fraud, and

trafficking in counterfeits of Plaintiffs' GUGGENHEIM Marks.

146. Defendants' multiple acts of racketeering activity were committed in the course

of related fraudulent schemes and occurred within ten years of one another, constituting a pattern

of racketeering activity within the meaning of 18 U.S.C. 1961(5).

VERIFIED COMPLAINT 38
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 39 of 49

147. Defendants have violated 18 U.S.C. 1962(c) and have conspired to violate 18

U.S.C. 1962(c) through, among other things, a pattern of racketeering activity, including mail

fraud and trafficking in counterfeit GUGGENHEIM marks.

148. As a direct and proximate result of, and by reason of Defendant's pattern of

racketeering activity, Plaintiffs have been injured within the meaning of 18 U.S.C. 1964(c).

Among other things, Defendants are likely to have diverted potential investors from Plaintiffs'

services and have irreparably injured Plaintiffs' reputation and goodwill.

149. On account of Defendants' violations of 18 U.S.C. 1963(c), Plaintiffs have

suffered or are likely to suffer actual economic harm, including lost sales oftheir financial

advising services, professional fees incurred in investigating Defendants' misconduct, reasonable

attorney's fees and costs, and Plaintiffs' reputation and goodwill have been tarnished.

150. Unless Defendants are permanently enjoined, they will continue to engage in a
of
pattern of racketeering activity, including wire fraud and the trafficking of counterfeits

Plaintiffs' GUGGENHEIM Marks in violation of 18 U.S.C. 1343 and 15 U.S.C. 1114.

EIGHTH CLAIM FOR RELIEF


NEW YORK TRADEMARK INFRINGEMENT

151. Plaintiffs reallege and incorporate each and every allegation contained in the

paragraphs above as though fully set forth herein.


152. Plaintiffs used their GUGGENHEIM Marks long before Defendants'

unauthorized use of Defendants' confusingly similar and counterfeit marks.

153. Defendants are using in commerce marks identical and confusingly similar to

Plaintiffs' GUGGENHEIM Marks in connection with the offering of financial consultation and

investment services.

VERIFIED COMPLAINT 39
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 40 of 49

154. Defendants have willfully traded on Plaintiffs' goodwill in Plaintiffs'

GUGGENHEIM Marks and the reputation Plaintiffs have established in connection with their

products and services, as well as confused consumers as to the origin of Defendants' services and

passed off their products and services as those of Plaintiffs.


155. Defendants' infringement is likely to cause confusion, mistake, or deception as

to source, origin, affiliation, connection, or association ofDefendants' goods and services,

constituting trademark infringement under the laws ofNew York.


156. Plaintiffs have suffered damages and Defendants have obtained profits and/or

unjust enrichment as a result of Defendants' infringement of Plaintiffs' GUGGENHEIM Marks.


157. Defendants' acts irreparably injure Plaintiffs' business, reputation and goodwill.

Unless Defendants are enjoined from their wrongful conduct, Plaintiffs and the public will

continue to suffer irreparable injury and harm, for which they have no adequate remedy at law.

NINTH CLAIM FOR RELIEF


NEW YORK TRADEMARK DILUTION
N.Y. Gen. Bus. Law 3604

158. Plaintiffs reallege and incorporate each and every allegation contained in the

paragraphs above as though fully set forth herein.


159. Plaintiffs' GUGGENHEIM Marks are famous and distinctive.

160. Defendants commenced use of Plainfiffs' GUGGENHEIM Marks in commerce

after those marks had become famous and distinctive.

161. By using Plaintiffs' GUGGENHEIM Marks in connection with schemes

intended to defraud consumers and in connection with counterfeit products and services,

Defendants have caused a likelihood of injury to business reputation and have diluted the

VERIFIED COMPLAINT 40-


Case 1:1 0-cv-08830-PGG Document 1 Filed 11/22/1 0 Page 41 of 49

distinctive quality of Plaintiffs' GUGGENHEIM Marks, in violation of N.Y. Gen. Bus. Law.

360-1.

162. Defendants' acts have caused Plaintiffs to lose control over the reputation and

goodwill associated with Plaintiffs' GUGGENHEIM Marks.

163. Defendants' acts have irreparably injured Plaintiffs' business, reputation and

goodwill. Unless Defendants are enjoined from their wrongful conduct, Plaintiffs will continue
to suffer irreparably injury and harm, for which they have no adequate remedy at law.

TENTS CLAIM FOR RELIEF


DECEPTIVE ACTS AND PRACTICES -UNDER NEW YORK LAW
N.Y. Gen. Bus. Law 349

164. Plaintiffs reallege and incorporate each and every allegation contained in the

paragraphs above as though fully set forth herein.

165. By using Plaintiffs' GUGGENHEIM Marks in connection with schemes

intended to defraud consumers and in connection with counterfeit products and services,

Defendants have engaged in activities that are deceptive and misleading in violation ofN.Y.

Gen. Bus. Law 349.

166. Defendants' acts have caused Plaintiffs to lose control over the reputation and

goodwill associated with their GUGGENHEIM Marks.

167. Plaintiffs have suffered damages and Defendants have obtained profits and/or

unjust enrichment as a result of Defendants' deceptive acts and practices.


168. Defendants' deceptive acts and practices have harmed the public at large.

169. Defendants' acts irreparably injure Plaintiffs' business, reputation and goodwill.

Unless Defendants are enjoined from their wrongful conduct, Plaintiffs and the public will
continue to suffer irreparable injury and harm, for which they have no adequate remedy at law.

VERIFIED COMPLAINT 41
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 42 of 49

ELEVENTH CLAIM FOR RELIEF


FRAUD

170. Plaintiffs reallege and incorporate each and every allegation contained in the

paragraphs above as though fully set forth herein.


171. Defendants made false representations and material misrepresentations to

consumers with the intent of deceiving and defrauding consumers and of inducing consumers to

transfer monies to Defendants under the false pretense that Defendants were Plaintiffs or

connected with Plaintiffs.

172. Defendants knew ofthe falsity of their misrepresentations when made, and at

the time Defendants made the misrepresentations, Defendants made them with the intent of

defrauding consumers and of inducing consumers to transfer monies to Defendants.

173. Defendants knew that their falsehoods were material and would be reasonably

relied upon by consumers.

174. On information and belief, consumers believed Defendants' falsehoods were

true and reasonably relied upon them.

175. Defendants' acts have caused Plaintiffs to lose control over their reputation and

goodwill.
176. Plaintiffs have suffered damages and Defendants have obtained profits and/or

unjust enrichment as a result of Defendants' fraud.

177. Defendants' acts irreparably injure Plaintiffs' business, reputation and goodwill.

Unless Defendants are enjoined from their wrongful conduct, Plaintiffs will continue to suffer

irreparable injury and harm, for which they have no adequate remedy at law.

VERIFIED COMPLAINT 42

4
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 43 of 49

PRAYER FOR RELIEF

Wherefore, Plaintiffs Guggenheim Capital, LLC and Guggenheim Partners, LLC pray for

judgment against Defendants as follows:


A. That the Court enter judgment against Defendants, jointly and severally, and

against Defendants on all claims for relief alleged herein, and declare that:

1. Defendants have willfully infringed Plaintiffs' rights in their federally

registered GUGGENHEIM Marks in violation of 15 U.S.C. 1114;

2. Defendants have engaged in knowing and willful use of counterfeits of

Plaintiffs' GUGGENHEIM Marks in violation of 15 U.S.C. 1114(1);

3. Defendants have diluted Plaintiffs' famous GUGGENHEIM Marks in

violation of 15 U.S.C. 1125(c);

4. Defendants have registered and used, in bad faith, the domain name

guggenheimadvisors.org, intending to profit from Plaintiffs' goodwill and


reputation in Plaintiffs' GUGGENHEIM Marks, in violation of 15 U.S.C.

1125(d);

5. Defendants have willfully engaged in false advertising in violation of 15


U.S.C. 1125(a);

6. Defendants have unfairly competed with Plaintiffs in violation of 15

U.S.C. 1125(a);

7. Defendants have knowingly participated in a pattern of racketeering

activity in violation of 18 U.S.C. 1962(c);

8. Defendants have willfully infringed Plaintiffs' GUGGENHEIM Marks in

violation of the common law of the state of New York;

VERIFIED COMPLAINT 43
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 44 of 49

9. Defendants have caused a likelihood of injuzy to Plaintiffs' business

reputation and diluted the distinctive quality of Plaintiffs'


GUGGENHEIM Marks in violation of N.Y. Gen. Bus. Law 3604;

10. Defendants have engaged in deceptive acts and practices in violation of

N.Y. Gen. Bus Law 349; and

11. Defendants have engaged in fraud in violation of New York law.

B. That this Court grant a nationwide temporary restraining order and preliminary

and permanent injunction enjoining Defendants and each of their respective partners, owners,

officers, directors, associates, agents, servants, employees, attorneys, successors and assigns, and

all other persons acting in active concert or participation with them who receive actual notice of

this Court's order, judgment or decree, from:

I. Using Plaintiffs' GUGGENHEIM Marks alone or in combination with any

other mark, term, symbol, designation or design, or any term that is

confusingly similar to Plaintiffs' GUGGENHEIM Marks, including, but


not limited to, use of:

"Guggenheim";

"Guggenheim Capital";

"Guggenheim Partners";

"Guggenheim Fund;"

"Guggenheim Advisors;"

"Guggenheim Investment Advisors";

"Guggenheim Real Estate Advisors";

"Guggenheim Brothers";

VERIHED COMPLAINT 44
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 45 of 49

"Guggenheim Securities";

"Vladimir Z. Guggenheim";

"David B. Guggenheim";

"Mr. Guggenheim" or "Messrs. Guggenheim";

"Guggenheim family";

"Guggenheims";

"Guggenheim Foundation";

"Guggenheim Museums";
"The Solomon R. Guggenheim Museum";

"The Peggy Guggenheim Collection";

"The Guggenheim Museum Bilbao";

"Deutsche Guggenheim";

"Guggenheim Abu Dhabi";

"Guggenheim bank"; and

"Guggenheim private diamond collection."


2. Using Plaintiffs' GUGGENHEIM Marks alone or in combination with any

other trademark, term, symbol or design, or any term that is confusingly

similar to Plaintiffs' GUGGENHEIM Marks, including, without

limitation, the terms listed in Section A(1), above, in connection with the

advertising or rendering of any products or services;

3. Registering or using any domain name incorporating GUGGENHEIM,

any of Plaintiffs' GUGGENHEIM Marks, or any similar mark;

4. Falsely designating the origin of Defendants' products or services;

VERIFIED COMPLAINT 45
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 46 of 49

5. Using any word, temi, name, symbol or device, or any combination

there4 or any false desigaation of origin or misleading representation of

fact that is likely to cause confusion, to cause mistake, or to deceive

regarding the origin, sponsorship or approval of Defendants' products or


services or falsely to imply a connection or affiliation with Plaintiffs or
Plaintiffs' GUGGENHEIM-branded products or services;

6. Unfairly competing with Plaintiffs in any manner;


7. Causing a likelihood of confusion with regard to the origin, sponsorship,

affiliation, approval, connection of Defendants' products and services or

injuring Plaintiffs' business reputation; and


8. Associating together to offer financial or investment services or to engage

in the same type of conduct or endeavor as the Enterprise has engaged in;

and

C. That the Court issue an Order granting the following relief:

1. Requiring Defendants to deliver up for destruction all literature,

advertising and any other material and things which infringe, dilute or
otherwise violate Plaintiffs' GUGGENHEIM Marks, pursuant to 15

U.S.C. 1118;

2. Ordering the dissolution of all business entities that form part of

Defendants' Enterprise;
3. Ordering Defendants to transfer the domain name

guggenheimadvisors.org to Plaintiffs, along with any other domains

VERIFIED COMPLAINT 46
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 47 of 49

registered by or on behalf ofDefendants that contain the word


GUGGENHEIM or any term confusingly similar thereto;

4. Ordering Defendants to pay Plaintiffs statutory damages in the amount of

$100, 000 for Defendants' violation of 15 U.S.C. 1125(d)(1) (See 15

U.S.C. 1117);

5. Fluffing Defendants' Acts herein to be willful, that this case be deemed an

"exceptional" case pursuant to 15 U.S.C. 1117, and that Plaintiffs be

entitled to treble damages pursuant to 15 U.S.C. 1117, treble the unjust

enrichment profits made by Defendants pursuant to 15 U.S.C. 1117 and

prejudgment interest;
6. Awarding Plaintiffs statutory damages in the amount of Two Million

Dollars ($2, 000, 000) per counterfeit mark, per type of goods or services

Defendants' advertised or sold, pursuant to 15 U.S.C. 1117(c);

7. Awarding Plaintiffs treble damages for Defendants' violation of 18 U.S.C.

1964(c);

8. Awarding Plaintiffs their costs, attorneys' fees and expenses pursuant to

15 U.S.C. 1117 and 18 U.S.C. 1964(c);

9. Ordering Defendants to send out a notice in a form that is acceptable to


Plaintiffs and the Court notifying all persons that received fraudulent and

misleading materials from Defendants that Defendants have been found

liable for willful violations of federal and state law concerning their

relationship with Plaintiffs and requiring Defendants to refund all monies

received from any person on account of Defendants' fraud;

VERIFIED COMPLAINT 47
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 48 of 49

10. Requiring Defendants to file with the Court and serve upon Plaintiffs
within 30 days after service of the Coxes order, judgment or decree as

herein prayed, a written report detailing the manner and form in which

Defendants have complied with the Court's order, judgment or decree;

11. Awarding Plaintiffs punitive or exemplary damages as permitted by New


York law; and

12. Awarding Plaintiffs all other relief, in law or in equity, to which Plaintiffs

may be entitled or which the Court deems just and proper.

V. DEMAND FOR A JURY TRIAL

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs demand a trial

by jury as to all claims in this litigation.

Respectfully submitr- g

November 22, 2010 16WitA Ira


Michael Shan:: Bar. 3971793)
McDermott Will & Emery LLP
340 Madison Avenue
New York, NY 10173
(212) 547-5400 (telephone)
(212) 547-5444 (facsimile)

John J. Dabney (to file for admission pro hac vice)


Rita Weeks (to file for admission pro hac vice)
McDermott Will & Emery LLP
600 13th Street, NW
Washington, DC 20005
(202) 756-8000 (telephone)
(202) 756-8087 (facsimile)

Attorneys for Plaintes


Guggenheim Capital, LLC and Guggenheim Partners, LLC
WDC99 19440414.067276.0119

VERIFIED COMPLAINT 48
Case 1:10-cv-08830-PGG Document 1 Filed 11/22/10 Page 49 of 49

VERIFICATION

1, Jeffrey Kelley, state that I am a Director of and Head of Media Relations for

Plaintiff in this action, that I have read the foregoing Verified


Guggenheim Partners, LLC, a

Complaint, and that the allegations in the foregoing are true and correct of my own knowledge,

information and belief.

I declare under penalty of perjury under the laws of the State of New York that the

foregoing is true and correct.

Date: November 18, 2010

Mad of Media
vim Partners, LLC

W0C99 1944041-1.057276.0119

VERIFIED COMPLAINT 49
Case 1:10-cv-08830-PGG Document 1-1 Filed 11/22/10 Page 1 of 6

From: Lady Catarina [mailto:ladycatarinapietra@gmail.com]


Sent: Tuesday, October 12, 2010 12:13 PM
To: dcummings@iventurelab.com
Subject: Re: Check out Guggenheim family Wikipedia, the free encyclopedia

David,
Please see attached to forward to Mr. Brown.
Thank you,
Catarina

On Tue, Oct 12, 2010 at 6:01 AM, David E. Cummings <dcummings@, iventurelab.com> wrote:

O.K.

David E. Cummings
General Partner
Dolphin Capital Group LLC
2 Gateway Center 13th Floor
Pittsburgh PA 15222
412.638.0007 c

412.261.1702 f
dcumminaseiventurelab.com

From: Lady Catarina [mailto:ladycatarinapietraagmail.com]


Sent: Tuesday, October 12, 2010 12:45 AM

To: dcummings@iventurelab.com

Subject: Re: Check out Guggenheim family Wikipedia, the free encyclopedia

Gentlemen,

Let us please push the meeting up to 10.30am EST if possible. 9.30 will be too tight.
Case 1:10-cv-08830-PGG Document 1-1 Filed 11/22/10 Page 2 of 6

I will await your call at 10:30am EST/ 7.30am PST.

Thank you,

Catarina

On Mon, Oct 11, 2010 at 2:43 PM, David E. Cummings <dcummings@iventurelab.com> wrote:

That works 9:30a EST

R. Ar$75%1.

David E. Cummings
General Partner
Dolphin Capital Group LLC
2 Gateway Center 13th Floor
Pittsburgh PA 15222
412.638.0007 c

412.261.1702 f
dcummingseiventurelab.cona

From: Lady Catarina [mailto:ladycatarinapietra@gmail.com]


Sent: Monday, October 11, 2010 5:39 PM

To:dcummings@iventurelab.com
Subject: Re: Check out Guggenheim family Wikipedia, the free encyclopedia

9.30am to 11.15am tomorrow.

On Mon, Oct 11, 2010 at 1:54 PM, David E. Cummings <cicimiming_s_@iventurelab.com> wrote:

1.0p-EST that is a little too late, when is he available tomorrow during business
hours?
Case 1:10-cv-08830-PGG Document 1-1 Filed 11/22/10 Page 3 of 6

"5- Fsez 0.3`

David E. Cummings
General Partner
Dolphin Capital Group LLC
2 Gateway Center 13th Floor
Pittsburgh PA 15222
412.638.0007 c

412.261.1702 f
dcummingseiventurelab.coni

From: Lady Catarina [mailto:ladvcatarinaoietragmail.corn]


Sent: Monday, October 11, 2010 4:27 PM
To: dcummingsiventurelab.com

Subject: Re: Check out Guggenheim family Wikipedia, the free encyclopedia

Gentlemen:

I spoke with Mr. Vladimir Guggenheim. He will available for the call at 10pm EST.

Thank you,

Catarina

On Mon, Oct 11, 2010 at 1:05 PM, David E. Cummings <dcummings@iventurelab.com> wrote:

Catarina: Please understand in this world of commodities', there is a KYC process and
a vetting between a Buyer and Seller and we need to engineer/facilitate at least one

call with the Buyer/Seller before any POF or Tear Sheet or Balance Sheet are
offered. There is no Formal Offer in place only an e-mail from you and the Buyer
requires some reference that there is real product and an entity at the other end of
this offer -as- 95% of all diamond deals are fake and never close. Please understand
Case 1:10-cv-08830-PGG Document 1-1 Filed 11/22/10 Page 4 of 6

when you are inside of a $1B transaction/deal there is due diligence which needs
to be performed-accomplished.

t.?

David E. Cummings
General Partner
Dolphin Capital Group LLC
2 Gateway Center 13Th Floor
Pittsburgh PA 15222
412.638.0007 c

412.261.1702 f
dcummingseiventurelab.com

From: Lady Catarina [mailto:ladycatarinapietragmail.corn]


Sent: Monday, October 11, 2010 3:54 PM
Subject: Re: Check out Guggenheim family Wikipedia, the free encyclopedia

Bob,

Vladimir is not available at 7pm EST, but will be later in the evening. Let me get an exact time.
What dollar amount are they interested in? $100M?

This will probably be a brief call, as there is not anything else to say beyond what I have said
until the potential buyer sends a tearsheet or bank statement to the Guggenheims.

Catarina

On Mon, Oct 11, 2010 at 11:14 AM, <RobertPOLF@aol.com> wrote:

Also, David Cummings would like to bring the diamond buyer to a call with Vladimir at
7:00 tonight (EST). This will be about a "starter" order of perhaps 25, 000 crts, as a
precursor to a subsequent and larger order. Can you arrange?
Case 1:10-cv-08830-PGG Document 1-1 Filed 11/22/10 Page 5 of 6

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill
Case 1:10-cv-08830-PGG Document 1-1 Filed 11/22/10 Page 6 of 6

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

Lady Catarina Pietra Toumei


Investment Relations Manager
Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
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"We make a living by what we get, we make a life by what we give." Winston Churchill

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Case 1:10-cv-08830-PGG Document 1-4 Filed 11/22/10 Page 1 of 4

Int. Cls.: 16, 36, and 41

Prior U.S. Cls.: 2, 5, 22, 23, 29, 37, 38, 50, 100, 101,
102, and 107
Reg. No. 3,121, 127
United States Patent and Trademark Office Registered Jul3. 25, 2006

TRADEMARK
SERVICE MARK
PRINCIPAL REGISTER

GUGGENHEIM

GUGGENHEIM BROTHERS, LLC (DELAWARE DATABASES IN THE FIELDS OF FINANCE, BUSI-


LTD LIAB CO) NESS, BANKING, ASSET MANAGEMENT AND
527 MADISON AVENUE INVESTMENT, IN CLASS 36 (U.S. CLS. 100, 101
NEW YORK, NY 10022 AND 102).
FOR: PRINTED MATTER, NAMELY, BOOKS,
FIRST USE 0-0-1951; IN COMMERCE 0-0-1951.
BROCHURES, AND NEWSLETTERS FEATURING
FINANCE, BUSINESS, INSURANCE, BANKING,
ASSET MANAGEMENT AND INVESTMENT, IN FOR: EDUCATIONAL SERVICES, NAMELY,
CLASS 16 (U.S. CLS. 2, 5, 22, 23, 29, 37, 38 AND 50). CONDUCTING CLASSES, SEMINARS, CONFEREN-
CES AND WORKSHOPS IN THE FIELDS OF FI-
FIRST USE 5-0-2002; IN COMMERCE 5-0-2002. NANCE, INSURANCE, BUSINESS, BANKING,
ASSET MANAGEMENT AND INVESTMENT; AND
FOR: PROVIDING INFORMATION, ADVICE PROVIDING ONLINE MAGAZINES AND NEWS-
AND CONSULTING IN THE FIELDS OF FINANCE, LETTERS IN THE FIELDS OF FINANCE, INSUR-
INSURANCE, BUSINESS, BANKING, ASSET MAN- ANCE, BUSINESS, BANKING, ASSET
AGEMENT AND INVESTMENT; FINANCIAL IN- MANAGEMENT AND INVESTMENT, IN CLASS 41
VESTMENT IN THE FIELDS OF SECURITIES, (U.S. CLS. 100, 101 AND 107).
FUNDS, REAL ESTATE, AND VENTURE CAPITAL
BUSINESSES, INVESTMENT MANAGEMENT AND FIRST USE 0-0-2001; IN COMMERCE 0-0-2001.
ASSET MANAGEMENT SERVICES; INVESTMENT
OF FUNDS FOR OTHERS, SECURITIZATION, SEC. /(F).
STRUCTURING AND ADMINISTRATION OF IN-
VESTMENT ASSETS; SECURITIES AND INVEST-
MENT BROKERAGE SERVICES; INVESTMENT
SN 76-450,902, FILED 9-13-2002.
BANKING SERVICES; TRUST SERVICES, NAME-
LY, INVESTMENT AND TRUST COMPANY SERVI-
CES; AND PROVIDING ONLINE ELECTRONIC COLLEEN DOMBROW, EXAMINING ATTORNEY
Case 1:10-cv-08830-PGG Document 1-4 Filed 11/22/10 Page 2 of 4

Int. Cl.: 36

Prior U.S. Cls.: 100, 101 and 102


Reg. No. 3,110, 878
United States Patent and Trademark Office Registered July 4, 2006

SERVICE MARK
PRINCIPAL REGISTER

GUGGENHEIM PARTNERS

GUGGENHEIM BROTHERS, LLC (DELAWARE NANCE, BANIUNG, ASSET MANAGEMENT AND


LTD LIAB CO) INVESTMENT, IN CLASS 36 (U.S. CLS. 100, 101 AND
527 MADISON AVENUE
102).
NEW YORK, NY 10022
FIRST USE 7-25-2000; IN COMMERCE 7-25-2002.
FOR: FINANCIAL CONSULTATION SERVICES,
NAMELY, PROVIDING INFORMATION, ADVICE THE MARK CONSISTS OF STANDARD CHAR-
AND CONSULTING IN THE FIELDS OF FINANCE,
ACTERS WITHOUT CLAIM TO ANY PARTICULAR
BANKING, ASSET MANAGEMENT AND INVEST- FONT, STYLE, SIZE, OR COLOR.
MENT; FINANCIAL INVESTMENT IN THE FIELDS
OF SECURITIES, FUNDS, REAL ESTATE, AND
OWNER OF U.S. REG. NO. 2, 790, 668.
VENTURE CAPITAL BUSINESSES; INVESTMENT
MANAGEMENT AND ASSET MANAGEMENT SER-
NO CLAIM IS MADE TO THE EXCLUSIVE
VICES; INVESTMENT OF FUNDS FOR OTHERS;
RIGHT TO USE "PARTNERS", APART FROM THE
STRUCTURING AND ADMINISTRATION OF FI-
MARK AS SHOWN.
NANCIAL INVESTMENT ASSETS; SECURITIES
AND INVESTMENT BROKERAGE SERVICES; IN-
VESTMENT BANKING SERVICES; TRUST SERVI- SEC. 2(F).
CES, NAMELY, INVESTMENT AND TRUST
COMPANY SERVICES; AND PROVIDING ONLINE SER. NO. 76-601, 240, FILED 7-8-2004.
FINANCIAL INFORMATION THROUGH ELEC-
TRONIC DATABASES IN THE FIELDS OF FI- DAVID C. REIHNER, EXAMINING ATTORNEY
Case 1:10-cv-08830-PGG Document 1-4 Filed 11/22/10 Page 3 of 4

'to %(--w-Dtate5 of or_metj Air

lintteb *tatto Patent anb Trabentarti J. ffice

GUGGENHEIM INVESTMENT
ADVISORS

Reg. No. 3,712, 544 GUGGENIIEIM CAPITAL, LLC (DELAWARE LIMITED LIABILITY COMPANY)
Registered Nov. 17, 2009 227 W. MONROE
SUITE 4800
CHICAGO, IL 60606
Int. Cl.: 36
FOR: PROVIDING INFORMATION, ADVICE AND CONSUT XING IN THE FIELDS OF FIN-
ANCE, INSURANCE, BANKING, AS SET MANAGEMENT AND INVESTMENT; FINANCIAL
SERVICE MARK INVESTMENT IN THE FIELDS OF SECURITIES, FUNDS, REAL ESTATE, AND VENTURE
PRINCIPAL REGISTER CAPITAL BUSINESSES; INVESTMENT MANAGEMENT AND ASSET MANAGEMENT
SERVICES; INVESTMENT OF FUNDS FOR OTHERS; SECURITIZATION, STRUCTURING
AND ADMINISTRATION OF INVESTMENT ASSETS; SECURITIES AND INVESTMENT
BROKERAGE SERVICES, INVESTMENT BANKING SERVICES, TRUST SERVICES,
NAMELY; INVESTMENT AND TRUST COMPANY SERVICES; AND PROVIDING ONLINE
ELECTRONIC DATABASES IN THE FIELDS OF FINANCE, BANKING, ASSET MANAGE-
MENT AND INVESTMENT, IN CLASS 36 (U.S. CLS. 100, 101 AND 102).

FIRST USE 4-0-2001; IN COIVEVIERCE 4-0-2001.

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-


TICULAR FONT, STYLE, SIZE, OR COLOR.

SEC. 2(F) AS TO "GUGGENHEIM".

OWNER OF U.S. REG. NOS. 3, 110, 378 AND 3.121, 127.

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "INVESTMENT ADVISORS",


APART FROM THE MARK AS SHOWN.

SN 77-252,665, FILED 8-10-2007.


s-osa AND p,4,14

r e.,
r„
ESTHER BELENKER, EXAMINING ATTORNEY

lAit,P 0,
N...... 0,8'iv,

Director of the United States Patent and liadeinent Office


Case 1:10-cv-08830-PGG Document 1-4 Filed 11/22/10 Page 4 of 4

'to %(--w-Dtate5 of or_metj Air

lintteb *tatto Patent anb Trabentarti J. ffice

GUGGENHEIM REAL ESTATE

Reg. No. 3,712, 545 GUGGENIIEIM CAPITAL, LLC (DELAWARE LIMITED LIABILITY COMPANY)
Registered Nov. 17, 2009 227 W. MONROE
SUITE 4800
CHICAGO, IL 60606
Int. Cl.: 36
FOR: PROVIDING INFORMATION, ADVICE AND CONS-MX][14G IN THE FIELDS OF FIN-
ANCE, INSURANCE, BANKING, AS SET MANAGEMENT AND INVESTMENT; FINANCIAL
SERVICE MARK INVESTMENT IN THE FIELDS OF SECURITIES, FUNDS, REAL ESTATE, AND VENTURE
PRINCIPAL REGISTER CAPITAL BUSINESSES; INVESTMENT MANAGEMENT AND ASSET MANAGEMENT
SERVICES; INVESTMENT OF FUNDS FOR OTHERS; SECURITIZATION, STRUCTURING
AND ADMINISTRATION OF INVESTMENT ASSETS; SECURITIES AND INVESTMENT
BROKERAGE SERVICES, INVESTMENT BANKING SERVICES, TRUST SERVICES,
NAMELY, INVESTMENT AND TRUST COMPANY SERVICES; AND PROVIDING ONLINE
ELECTRONIC DATABASES IN THE FIELDS OF FINANCE, BANKING, ASSET MANAGE-
MENT AND INVESTMENT, IN CLASS 36 (U.S. CLS. 100, 101 AND 102).

FIRST USE 1-0-2002; IN COIVIMERCE 1-0-2002.

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-


TICULAR FONT, STYLE, SIZE, OR COLOR.

SEC. 2(F) AS TO "GUGGENHEIM".

OWNER OF U.S. REG. NOS. 3, 110, 378 AND 3.121, 127.

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "REAL ESTATE", APART FROM
THE MARK AS SHOWN.

SN 77-252,736, FILED 8-10-2007.


s-osa AND p,4,14

r e.,
r„
ESTHER BELENKER, EXAMINING ATTORNEY

lAit,P 0,
N...... 0,8'iv,

Director of the United States Patent and liadeinent Office


'3"
GuggenheitAlff. PiSVS-1930CRY66131- 15-6s&Mr-iksnt klhAib1s2)9 et-eApi gage 1

AbstiutisZeturni-Aiphe

COPYING AND DISTRIBUTING ARE PROHIBITED WITHOUT PERMISSION OF THE PUBLISHER. IF


YOU WOULD LIKE A REPRINT OF THIS ARTICLE OR YOU WOULD LIKE TO PURCHASE
DISTRIBUTION RIGHTS, PLEASE CONTACT MATTHEW COLBECK AT +1 (212) 224-3568.

Guggenheim Snags Bear Stearns Exec For Risk


Management
June 14, 2002

Guggenheim Partners, the investment management firm owned by the Guggenheim family and
other private investors, has hired John Arpino, a former managing director of Bear Stearns' risk
management group. Arpino will be heading up the firm's risk management program, said
industry officials familiar with the situation. A spokesman for Guggenheim declined to comment
and a Bear Stearns spokesman did not return calls. Arpino was unavailable for comment.
Guggenheim manages traditional and alternative assets in excess of $70 billion.

Arpino's hire just follows the recent hiring of three executives from Royal Bank of Canada's Alternative Assets
Group. Loren Katzovitz, former head of the group, and managing directors Kevin Felix and Patrick
Hughes, have been hired as managing partners responsible for the global investment advisory and management
businesses at Guggenheim. The three had managed over $4 billion in assets at RBC.

This article was originally published in Alternati*InWstmetaNews.

ALL MATERIAL SUBJECT TO STRICTLY ENFORCED COPYRIGHT LAWS. 2010 EUROMONEY


INSTITUTIONAL INVESTOR PLC.

ISSN: 2151-1845

http://www. absolutereturn-alpha. corn/Article/1949011/Guggenheim- Snag s-B ear-Stearns-... 11/18/2010


Nicklaus 20.05 of 2
ledwectiTirtyieu_ tifped6ratuAkte2-Jul..-15
o riiea vi/22/10 Page 2 of lgage 1

PRINTTHIS
„corn
Powered by ::V0e.4y

Nicklaus goes from golf to real estate


Jack Nicklaus's retirement from golf will free up more
time for his real estate interests.

By Les Christie, CNN/Money staff writer

NEW YORK (CNN/Money) After 44 years of professional


golf,Jack Nicklaus is winding down his storied career
this week with his final appearance at a major
tournament, the British Open.
HERE
Retirement will enable the "Golden Bear" to devote more
attention to his business interests, which revolve around the
very hot fields of golf course design and real estate
development.

Nicklaus Investments and Nicklaus Design, his main business arms, announced a new venture this
week, a partnership with Guggenheim Partners, to finance and invest in residential real estate and

golfing communities around the world. Each of the new enterprise's developments will be anchored
around a Jack Nicklaus-designed golf course.

Top designer around

Jake Nicklaus's interest in course design started early on; in 1968 he co-designed Harbortown Links on

Hilton Head Island, South Carolina.

NicklausDesign currently has more than 50 golf courses under construction and more than 280 courses

completed in 28 different countries.

"We have more courses in the top 100 golf courses of the world than anyone else, said his son Gary,

president of Nicklaus Investments. "And my dad has received more design excellence awards than
anyone else."

Golf course communities have become popular places to live even for non-golfers, according to Gary
Nicklaus. "We've found about 50 percent of the people who live in golf course communities don't even
play golf, he said. They like the amenities, the ambience, and the lifestyle golf-course living provides.

That sentiment has revealed itself in house values. GaryNicklaus reports that golf course communities
outperformed otherwise similar communities by 20 percent in house price appreciation during the past
five years.

So, Jack Nicklaus appears to be almost as well positioned in the residential real estate world as he
always has been in the world of golf. Even at age 65, he stayed competitive, missing the cut at the

http://cnnmoney.printthis.clickability.com/pt/cpt?action=cpt&title=Nicklaus+leaves+cha... 11/18/2010
Nicklaus
ledwec41nyieu_i ?:ttifped6rate)6A6fte 2.0.
rirea
05
vi/22/10 Page 3 of lgage 2 of 2

British Open by a mere three strokes.

"He hit the ball well, said Gary, who was present in Scotland for his dad's swan song. "He didn't putt as
well as he would have liked. But he finished with a birdie on 18."

It meant a lot to the fans who came to cheer the greatest champion golfer in the sport's history.

You'll find a list of the towns with the most nearby golf courses in the United States if you click here. It's
all part of our latest "Best Places to Live 2005" package. 11

Find this article at:


http://money.cnn.com/2005/07/15/real_estatelbuying_selling/nicklaus_golfcourse_communities/index.htm

Check the box to include the list of links referenced in the article.

©2007 Cable News Network LP. LLP.

http://cnnmoney.printthis.clickability.com/pt/cpt?action=cpt&title=Nicklaus+leaves+cha... 11/18/2010
Case 1:10-cv-08830-PGG Document 1-5 Filed 11/22/10 Page 4 of 13
Page 1

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Copyright 2004 Euromoney Institutional Investor PLC
All Rights Reserved
Real Estate Finance and Investment

July 18, 2004

SECTION: CMBS AWARDS

LENGTH: 286 words

HEADLINE: Rookie of the Year

HIGHLIGHT:

In the most hotly contested category, CWCapital edged out Guggenheim Partners for the Rookie of the Year title.

BODY:

CW Capital
In the most hotly contested category, CWCapital edged out Guggenheim Partners for the Rookie of the Year title.
It was CWCapital's broad reach into all aspects of the CMBS industry that gave it the nod.
Over the past year, CWCapital has acquired below investment-grade investments in eight CMBS transactions,
backed by $20.9 billion of commercial real estate. The company also developed a fully integrated principal conduit and
took over management of a $300 million mezzanine debt fund. At the same time, CWCapital has become an active in-
vestor in the B-note market, launched a floating-rate lending program and bolstered its presence as a Fannie Mae DUS
and HUD lender.

Todd Schuster, ceo, noted that the company has been aggressively implementing its plan of bringing together pro-
duction and investment management to create an efficient model. He also credited the company's partner, CDP Realty,
with strong support over the past year. "We've been able to dramatically expand the platform to compete across the real
estate debt capital structure in credit and term and structure, he said.

The category was the most highly contested, with EuroHypo, Dominion Bond Rating Service and Guggenheim all

receiving positive feedback on their initiatives. In particular, Guggenheim's structured debt unit, launched earlier this

year by Ed Shugrue, widely seen as an innovator that has brought a significant amount of liquidity to the sector. Al-
is
ready, they have made several CMBS, B-Note and mezzanine investments and are the controlling class for more than $4
billion of CMBS. The company also is expected to be a CDO issuer later this year.

Key Players: Todd Schuster, Michael Berman and Charles Spetka.

LOAD-DATE: October 4, 2007


Case 1:10-cv-08830-PGG Document 1-5 Filed 11/22/10 Page 5 of 13
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Copyright 2010 Real Estate & Investment Business via VerticalNews.com
Real Estate & Investment Business

July 3, 2010

SECTION: EXPANDED REPORTING; Pg. 51

LENGTH: 294 words

HEADLINE: GUGGENHEIM PARTNERS, LLC;


Guggenheim Partners Forms Commercial Real Estate Entity and Acquires Fannie Mae DUS Lender

BODY:

Guggenheim Partners, LLC announced that it has formed a new commercial real estate entity called Pillar Multi-
family, LLC and has acquired certain assets and assumed certain liabilities of Bulls Capital Partners, LLC, a Fannie
Mae Delegated Underwriting and Servicing (DUS(D) multifamily lender.

In addition to acquiring Bulls' assets, Pillar has retained most members of the Bulls team, including chief operating
officer Mark Van Kirk and chief production officer Robert Russell. Anand Gajjar, a senior managing director of Gug-
genheim, will be appointed interim chief executive officer of Pillar.
"The Fannie Mae DUS program is the preeminent source of capital for the affordable and market rate multifamily
industry, said Robert Brennan, head of the Commercial Real Estate Finance Group at Guggenheim Securities, an affili-
ate of Pillar. "It is a true distinction to be a member of this lending community, and the formation of Pillar Multifamily
is a major component of the build-out of Guggenheim's commercial real estate finance platform." About Guggenheim
Partners Guggenheim Partners, LLC is a diversified financial services firm with more than $100 billion in assets under
supervision. The firm's businesses include investment management, investment advisory, insurance, investment banking
and capital markets services. The firm is headquartered in Chicago and New York with a global network of offices
throughout the United States, Europe and Asia. For more information, please visit www.guggenheimpartners.com.
Keywords: Fannie Mae, Mortgages, Real Estate, Guggenheim Partners, LLC. This article was prepared by Real Es-
tate & Investment Business editors from staff and otherreports. Copyright 2010, Real Estate & Investment Business
via VerticalNews.com.

LOAD-DATE: June 24, 2010


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Page 1

LexisNexis
Copyright 2002 Pro Quest Information and Learning
All Rights Reserved
Pro Quest Super Text
Copyright 2002 HedgeWorld USA
Reuters Hedgeworld (New York)

June 6, 2002 Thursday

LENGTH: 286 words

HEADLINE: Guggenheim Recruits Three Alternative Experts from RBC

BYLINE: Pete Gallo, Editor

BODY:

NEW YORK (HedgeWorld.com) Guggenheim Partners, a division of a US$70 billion private wealth manager and
multi-family office, recently recruited three alternative investment veterans from the Royal Bank of Canada.
Loren Katzovits, formerly the head of Royal Bank of Canada's alternative-investment group in New York, has been
named president of Guggenheim Partners. Joining him are Kevin Felix and Patrick Hughs, members of his former team
at the bank, who have been named managing directors at Guggenheim.

At RBC, Mr. Felix served as chief counsel for the alternative group, and Mr. Hughs specialized in managing client
relationships.
The former RBC team managed US$4 billion in alternative assets for high-net-worth and institutional investors. In
their new posts, the team's focus will include developing and running funds of fund portfolios for the private investment
group, which is privately owned by the Guggenheim family.

Guggenheim Partners did not reveal what forthcoming multi-manager hedge fund vehicles created by the new team
might look like. But at RBC, Mr. Katzovitz and his group worked on a number of multi-manager structured hedge fund
projects, including tax-friendly vehicles that employed over-the-counter options and derivatives to maximize portfolio
efficiencies.

RBC of Canada could not be reached for comment in regards to whom, if anyone, would be filling the three vacan-
cies created by the team's departure in March.

Guggenheim Partners is also affiliated with Guggenheim Management Partners, part of the larger Guggenheim
Group LLC, which has its main office in Chicago, according to regulatory filings.
The firm also has offices in New York, Los Angeles and Miami as well as London and Madrid.

LOAD-DATE: May 26, 2007


Case 1:10-cv-08830-PGG Document 1-5 Filed 11/22/10 Page 7 of 13
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LexisNexis
Copyright 2009 Investment Business Weekly via VerticalNews.com
Investment Business Weekly

June 21, 2009

SECTION: EXPANDED REPORTING; Pg. 44

LENGTH: 569 words

HEADLINE: GUGGENHEIM PARTNERS;


Alan Schwartz Joins Guggenheim Partners as Executive Chairman

BODY:

Guggenheim Partners announced that former Bear Stearns CEO Alan Schwartz has joined the firm as executive
chairman. Schwartz will work closely with the executive team to achieve Guggenheim s vision of becoming a leading
global diversified financial services firm. With more than $100 billion in assets under supervision, Guggenheim s cur-
rent business lines include investment management, investment advisory, investment banking and capital markets ser-
vices. Guggenheim is headquartered in Chicago and New York with a global network of more than 800 professionals in
20 principal offices throughout the United States, Europe and Asia.

Alan Schwartz is one of the most respected figures in our industry, and we are thrilled to welcome him to the firm,
stated Mark Walter, CEO of Guggenheim Partners. Guggenheim has grown a substantial and thriving business by stay-
ing focused on its clients. Alan s counsel, experience and leadership will be invaluable across the entire firm as we con-
tinue to build on our existing businesses and pursue new opportunities.

Guggenheim Partners has built an organization with tremendous scalability, resources and talent, stated
Schwartz. I am excited to join the firm at this stage in its development and help it become a force in the financial ser-
vices arena. As part of my role I will focus on transforming Guggenheim s existing broker-dealer, which is focused on
sales and trading of fixed income securities, into a full-service investment banking enterprise.

Alan Schwartz was formerly with Bear Stearns, which he joined in 1976 as the head of institutional equity sales in
the firm s Dallas office. During his 32 years at the firm, he served as director of research, investment strategist, head of
investment banking, co-president from 2001 to August 2007 and president and chief operating officer from August 2007
until he became chief executive officer in January 2008. He was also a member of Bear Stearns executive committee
and board of directors. Most recently, Schwartz was affiliated with Rothschild, Inc. He serves on the advisory board of
Marvin & Palmer Associates and as a director of numerous charitable organizations, including the Robin Hood Foun-
dation (chairman), St. Vincent s Services, the National Mentoring Partnership, the American Foundation for AIDS Re-
search and NYU Medical Center. Schwartz is a graduate of Duke University, where he serves on the board of trustees
and athletic advisory board, and he is the former chairman of the Fuqua School of Business board of visitors. About
Guggenheim Partners Guggenheim Partners is a diversified financial services firm with more than $100 billion in assets
under supervision. The firm s businesses include investment management, investment advisory, investment banking
and capital markets services. The firm is headquartered in Chicago and New York with a global network of offices
throughout the United States, Europe and Asia. For more information, please visit www.guggenheimpartners.com.
Keywords: Guggenheim Partners, Professional Services, Finance, China, Asia, Capital Markets, Finance, Finan-
cial, Financial Services, Income Securities, Investing, Investment, Investment Bank, Investment Banking, Investment
Management.
This article was prepared by Investment Business Weekly editors from staff and other reports. Copyright 2009,
Investment Business Weekly via VerticalNews.com.
Case 1:10-cv-08830-PGG Document 1-5 Filed 11/22/10 Page 8 of 13
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LexisNexis
Copyright 2009 Insurance Business Weekly via VerticalNews.com
Insurance Business Weekly

March 15, 2009

SECTION: EXPANDED REPORTING; Pg. 79

LENGTH: 386 words

HEADLINE: GUGGENHEIM PARTNERS, LLC;


Guggenheim Partners Asset Management Expands Business Development Capabilities with the Hire of Sarah Lange,
CFA

BODY:

Guggenheim Partners Asset Management, Inc. GPAM announced the hiring of Sarah Lange as a managing di-
rector. She will be focused on business development within the insurance and fund-of-funds markets and will be based
in the firm s New York office.

Prior to joining GPAM, Lange was a managing director at TCW, where she was responsible for the firm s insur-
ance client development and relationship management across the United States. In her 20-year career on the buy side of
the insurance industry, Lange has held a variety of senior roles, including executive vice president and head of portfolio
management for AEGON USA Investments, chief investment officer of Provident Mutual Life Insurance Company and
president of Market Street Investment Management.

Lange is a past president of the Financial Analysts of Philadelphia and a CFA charterholder. She has also been ac-
tive in various investment committees of the American Council of Life Insurance. Lange received a B.S. in economics
from Dickinson College and an M.B.A. from Baruch College, City University of New York. About GPAM and Gug-
genheim Partners, LLC Offering a range of fixed income and equity strategies, GPAM s assets under management ex-
ceed $29 billion. Its team is based in New York, Chicago, and Santa Monica. Additional information can be found at
www.gpam.com. GPAM is a subsidiary of Guggenheim Partners, LLC.

Guggenheim Partners, LLC offers financial services expertise within its asset management, investment advisory,
capital markets, institutional finance, and merchant banking business lines. Clients consist of an elite mix of individuals,
family offices, endowments, foundations, insurance companies, pension plans and other institutions that together have
entrusted the firm with supervision of more than $100 billion in assets. A global diversified financial services firm,
Guggenheim Partners office locations include New York, Chicago, Los Angeles, Miami, Boston, Philadelphia, St.
Louis, Houston, London, Dublin, Geneva, Hong Kong, Singapore, Mumbai and Dubai. Additional information can be
found at www.guggenheimpartners.com.

Keywords: Guggenheim Partners, LLC.

This article was prepared by Insurance Business Weekly editors from staff and other reports. Copyright 2009, In-
surance Business Weekly via VerticalNews.com.
Case 1:10-cv-08830-PGG Document 1-5 Filed 11/22/10 Page 9 of 13
Page 1

LexisNexis
Copyright 2003 Pro Quest Information and Learning Company
All Rights Reserved
GlobeSt.com

December 22, 2003

SECTION: Pg. 1

B&H-ACC-NO: 509470561

LENGTH: 368 words

HEADLINE: 31-Story Downtown Miami Office Tower Trades

BYLINE:
Bogdany, Melissa

BODY:

MIAMI-Fort Lauderdale, FL-based STIC Partners LP, a joint venture between Stiles Corp. affiliates and Guggen-
heim Partners Real Estate, purchased the 31-story, 418, 404-sf SunTmst International Center Downtown from an affili-
ate partnership of Chicago-based Walton Street Advisors. The sale price was not disclosed; however, Walton was seek-
ing around $80 million, and several companies made offers earlier this year, according to published reports.
Walton paid the Equitable Life Assurance Society of the United States $57.5 million for SunTmst International
Center in early 1999. It was completed in 1973 and underwent renovations in 2002; and at press time, SunTrust Interna-
tional Center was 88% occupied.

"The building's close-to-everything urban location, strong tenancy and efficient design made it an attractive acquisi-
tion, Doug Eagon, president of Stiles Corp., says in a statement. "Purchasing this landmark property in Miami's dy-
namic Downtown market is a key step in Stiles' statewide expansion and acquisition efforts." He noted the company's
Investment Services group's goal to acquire $150 million in "quality real estate assets" in the South Florida, Tampa and
Orlando areas next year.

With STIC Partners' purchase of the building, which has seven stories of parking, the venture also acquired an an-
nex parking lot northwest of the building. Stiles' realty and property management divisions will handle the building's
leasing and management.
The building, featuring views of Biscayne Bay and the City of Miami, is within walking distance of the Metro-
mover and Metrorail, Bayside Marketplace and other conveniences. It has a high parking ratio and concierge-style ser-
vices, which a spokesperson says have been factors in the building's upscale tenant roster. That roster includes corpo-
rate, financial and professional firms, such as SunTrust Bank; Bank of America NA; Salomon Smith Barney; Akerman,
Senterfitt & Eidson PA; the Keyes Co.; and Rachlin, Cohen & Holtz.

This purchase is Stiles' second joint-venture acquisition in 2003 with Guggenheim Partners. The first was the re-
capitalization of Daniels Crossing Shopping Center in Fort Myers, on Florida's West Coast.
Case 1:10-cv-08830-PGG Document 1-5 Filed 11/22/10 Page 10 of 13
Page 1

LexisNexis
Copyright 2002 Pro Quest Information and Learning
All Rights Reserved
Pro Quest Super Text
Copyright 2002 HedgeWorld USA
Reuters Hedgeworld (New York)

June 6, 2002 Thursday

LENGTH: 286 words

HEADLINE: Guggenheim Recruits Three Alternative Experts from RBC

BYLINE: Pete Gallo, Editor

BODY:

NEW YORK (HedgeWorld.com) Guggenheim Partners, a division of a US$70 billion private wealth manager and
multi-family office, recently recruited three alternative investment veterans from the Royal Bank of Canada.
Loren Katzovits, formerly the head of Royal Bank of Canada's alternative-investment group in New York, has been
named president of Guggenheim Partners. Joining him are Kevin Felix and Patrick Hughs, members of his former team
at the bank, who have been named managing directors at Guggenheim.

At RBC, Mr. Felix served as chief counsel for the alternative group, and Mr. Hughs specialized in managing client
relationships.
The former RBC team managed US$4 billion in alternative assets for high-net-worth and institutional investors. In
their new posts, the team's focus will include developing and running funds of fund portfolios for the private investment
group, which is privately owned by the Guggenheim family.

Guggenheim Partners did not reveal what forthcoming multi-manager hedge fund vehicles created by the new team
might look like. But at RBC, Mr. Katzovitz and his group worked on a number of multi-manager structured hedge fund
projects, including tax-friendly vehicles that employed over-the-counter options and derivatives to maximize portfolio
efficiencies.

RBC of Canada could not be reached for comment in regards to whom, if anyone, would be filling the three vacan-
cies created by the team's departure in March.

Guggenheim Partners is also affiliated with Guggenheim Management Partners, part of the larger Guggenheim
Group LLC, which has its main office in Chicago, according to regulatory filings.
The firm also has offices in New York, Los Angeles and Miami as well as London and Madrid.
Case 1:10-cv-08830-PGG Document 1-5 Filed 11/22/10 Page 11 of 13
Page 1

LexisNexis
Copyright 2003 Euromoney Institutional Investor PLC
All Rights Reserved
Private Asset Management

January 5, 2003

SECTION: FIRMS AND SERVICES

LENGTH: 213 words

HEADLINE: Guggenheim Snags Thomas Weisel Private Client Chief

BODY:

Guggenheim Partners, the investment advisory firm owned by the Guggenheim family and other private investors,
has hired Roy Corr, former partner and head of the Private Client Department at Thomas Weisel Partners, to be its di-
rector of private client services. He reports to Loren Katzovitz, Kevin Felix and Patrick Hughes, managing partners re-
sponsible for the global investment advisory and management businesses at Guggenheim, said an industry official close
to the firm. Further details regarding Con's new position could not be obtained by press time.

The shutdown of investment banking boutique Robertson Stephens by parent company Fleet Boston Financial last
summer had spurred a swirl of speculation about the fate of Thomas Weisel Partners, a merchant bank also based in San
Francisco most associated with the technology bubble of the late 90s (PAM, 8/3). The firm told PAM at that time it was
still committed to its private client group. Shaugn Stanley, chief administrative officer at Thomas Weisel, has temporar-
ily assumed Cores duties.

Guggenheim officials declined to comment. Jessica Miller, a Thomas Weisel spokeswoman, refened calls to
Amanda Duckworth, who Miller said was out on vacation and could not be reached. Calls to CCM were not returned by
press time.
Case 1:10-cv-08830-PGG Document 1-5 Filed 11/22/10 Page 12 of 13
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LexisNexis
Copyright 2003 South China Morning Post Ltd.
South China Morning Post

October 26, 2003

SECTION: NEWS; Pg. 13

LENGTH: 881 words

HEADLINE: The case for a middleman; William Louey Lai-kuen no longer meets separately with five private bankers

once a month, just once with the man from Guggenheim

BYLINE: Chris Oliver

BODY:

When William Louey Lai-kuen, the wealthy scion of one of the Kowloon Motor Bus (KIVIB) founding families,
wanted a financial adviser more than a decade ago, he went shopping on Hong Kong's exclusive private-banking circuit.

It seemedprudent to spend a little more to get the best service, particularly from big-name banks which could draw
upon A-list
an of professional advisers. Eventually he was sold on the exclusive services provided by a handful of fi-
nancial institutions which promised modest growth with limited capital risk.

Fast forward a dozen or so years and Mr Loney is not happy. Instead of asset appreciation, his collective portfolio
is little bigger than when he started. The expected gains from years of compound interest, not to mention appreciation in
the equity and fixed-income portions of his portfolio, never materialised. According to Mr Louey, much of the fault lies
with his own lax oversight of his portfolio. He rarely read the reports that arrived in his office, and rarely dug deeper
into how asset mangers were using his money.

IVIr Louey, 44, maintains a non-executive role on the KIVIB board a company his grandfather co-founded in 1933
but has left the safety net of the family business to pursue his own entrepreneurial ventures. These include Hong Kong
Construction (Technology), which provides green-slope technology and air purification systems, and mainland fashion
retail brands Jesiri, Chic-a-porter and Manhattan, as well as a seafood export business.

One reason his account underperformed, Mr Loney believes, is heavy fees and account charges. During the boom
years, these charges seemed insignificant, but during periods of flat or declining markets, they began to bite. By separat-
ing his holdings among as many as half a dozen private banks a common practice among Hong Kong's wealthy he
only aggravated the problem.
Mr Louey says no single bank had a complete asset picture. And by coincidence they each designed what
amounted to copy-cat asset-management strategies. This caused a lot of unnecessary waste as the carbon-copy holdings
carried duplicate account fees, performance fees and other maintenance charges.

As the
technology boom steamed ahead, Mr Loney says his money managers began to stray from their original
mandate, moving into products that carried higher risk. That amounted to loading up on the investment darlings of the
day Internet plays, software developers and telecommunications shares.
When technology derailed in the spring of 2000, many of those shares got hammered. But despite the rout, most
account managers refused to sell, thinking the bounce was around the corner. "They should have cut their losses, he
says.
Case 1:10-cv-08830-PGG Document 1-5 Filed 11/22/10 Page 13 of 13

Although he laments the blowout, Mr Louey says his experience is not simply bad luck. Many of his friends who
have assets managed under similar schemes experienced similar losses.
Frustrated by his situation, Mr Louey began to seek help earlier this year. During a trip to New York in January he
met the investment advisory firm Guggenheim Partners an exclusive financial services group with links to the promi-
nent family better known as benefactors behind the Guggenheim Museum. After several meetings, he signed on with the
investment advisory's Hong Kong office, entrusting the firm with oversight of his entire asset portfolio.

Guggenheim Partners provides no brokerage services. Instead the firm works with the private banks to devise an
overall management strategy. The set up, Mr Louey says, reduces the duplication of holdings and risk exposure. Those
unnecessary account fees have also been reined in, thanks to Guggenheim's authority, even duty, to police the fee
schedule and ferret out hidden maintenance and account charges.

Instead of separate reports and meetings with representatives of each private bank, he now meets once a month
with a Harvard-trained account manager from Guggenheim who takes him through a simplified presentation.

Michael Fung, chief executive of JP Morgan Private Bank in Hong Kong, likes the idea of a "middleman" such as
Guggenheim. He says these financial advisories help identify overlap in equity portfolios, estimated to be as high as
can

30 per cent among clients who bank at multiple institutions. "That might give you a bird's eye view of looking into your
portfolio and give you better advice, he says.
Less than 1 per cent of private banking clients make use of firms such as Guggenheim, which resemble a trust
structure and are sometimes referred to as a "family office".

"In Asia it is still very new, Mr Fung says. "The reason why this family office makes sense for clients is because
in the last few years the markets have been having a very bad downturn. Clients are paying fees to the fund managers
and at the same time they are looking at the portfolio which keeps on going down. All of a sudden these guys say 'whoa,
maybe I listened too much to the bankers, too much to the portfolio managers, maybe I should have an expert middle-
man'."

And has Guggenheim helped bottom-line performance? Mr Louey says his portfolio has performed well since
bringing the company onboard earlier this year, but concedes part of that is due to the stock rally that began in April.

GRAPHIC: William Louey Lai-kuen


of 2
Manufactuis (Inv §3 Asibkbvi uocument 1-6 Filed 11/22/10 Page 1 of lgage 1

the tillasOigivn pot


CORRECTION TO THIS ARTICLE
This article misstated the title of analyst Scott Minerd and the name of his firm. He is the chief
strategist at Guggenheim Partners.

Industrial Output Falling Sharply


U.S. Manufacturing Lowest Since 1980

By Howard Schneider and Annys Shin


Washington Post Staff Writers
Saturday, January 3, 2009

U.S. manufacturing activity decreased in December at its fastest pace in


nearly 30 years, as businesses cut production and slashed product orders in
response to the global recession, according to a closely watched survey.

The Institute for Supply Management's index of industrial production


slipped from 36.2 percent in November to 32.4 percent in December, the
lowest level since June 1980. A reading above 50 indicates that
manufacturing activity is expanding, while a reading below 50 indicates a BININN000RA:mgg&&
contraction.

None of the industries covered in the survey reported an expansion in their


business, and the drop registered not just in the institute's index of
production, but also in the volume of new orders and raw material costs. OPLIggOVITOPINgOR
"We're looking around for evidence not of things turning up but that things
are going down as rapidly, and at the moment, we can't find any
not
evidence, said Nigel Gault, chief U.S. economist for Global Insight.
"Things are falling very fast."

New orders fell 5.2 percentage points in December, to 22.7 percent the
lowest reading since January 1948. The falloff means manufacturers will
have to scale back production further, analysts said.

Meanwhile, prices paid for raw materials fell by 7.5 percentage points to
1949 levels. The drop reflected not only decreasing demand but also the steep drop in commodity prices
that followed record highs earlier in the year, said Alan Levenson, chief economist with Baltimore-based
investment firm T. Rowe Price.

Surveys of purchasing managers in Europe and in Asia released yesterday revealed similar declines and
ageneral falloff in global trade.

A European survey showed a particularly sharp drop in industrial production began in the fall. As of
October the economies of the eurozone showed an annualized production decline of 5.6 percent; by
December the annualized figure had grown to 12 percent.

Manufacturing in China, which accounts for 43 percent of the economy, contracted for the fifth

http://www.washingtonpost.com/wp-dyn/content/article/2009/01/02/AR2009010200956 11/17/2010
Manufactus
(Inv §3 Asibkbvi uocument 1-6 Filed 11/22/10 Page 2 of lgage 2 of 2

consecutive month, according to a survey of Chinese purchasing managers by brokerage firm CLSA,
reflecting lower demand in the United States and in Europe. That led Eric Fishwick, head of economic
research at CL SA in Hong Kong, to declare in a note that accompanied the report that China was "close
to a technical recession."

None of Friday's reports bodes well for the first three months of 2009, analysts said.

"The numbers don't hold out a lot of hope for the first quarter, said Scott Minerd, chief investment
strategist at Guggenheim Asset Management in Santa Monica. "The severity of the downturn can't be
underestimated."

The expansion of the global economic crisis has prompted governments worldwide to move to rekindle
growth. The incoming administration of President-elect Barack Obama hopes to quickly seek approval
of a stimulus package, which could cost upwards of $1 trillion.

European Union governments have made a commitment to set aside an increased portion of their gross
domestic product for infrastructure and other investments. Asian countries have taken similar steps.
India yesterday announced it would further lower interest rates and ease bank lending requirements
while also allowing local governments to spend up to $6 billion on public works projects.

Analysts said that whether the global economy bounces back in the second half of 2009 depends on the
success of those government stimulus efforts. Skeptics of the U.S. stimulus have warned that a huge
spending package might not boost growth, and that a ballooning deficit could ultimately be detrimental
to the economy.

"The economy will on its own eventually turn up again, but if we're hoping for a recovery in 2009, then
the private sector isn't going to do it on its own, Gault said.

T. Rowe's Levenson said and investor confidence is so low that Congress and the incoming
consumer

administration could do a lot to reassure everyone by having lawmakers take up the stimulus as soon as
they return to Washington next week.

"If it came into focus that a fiscal package of this size were indeed gong to be passed, that could help
market sentiment a great deal, he said.

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THESE ARE TURBULENT TIMES, by the huge gains forged by the Republicans in last week's mid-term
as evidenced
elections. For some perspective on a investing matters-including suggestions on tax policy and
host of economic and MARKETS MY QUOTES MOST ACTIVE

asset allocation -Barron's spoke wtth Scott Minerd, chief investment officer at Guggenheim Partners. The firm, based in

New York and Chicago, has about $84 billion under management, the majority of it in fixed income for institutional and

wealthy clients. Minerd, 51, a CPA who graduated from the University of Pennsylvania's Wharton School, has a deep
understanding of the fixed-income world, having been an early player in areas like structured-credtt products. He's
overseen fixed-income credit trading in the U.S., Europe and Asia at Credit Suisse; he was also a managing director at
Sponsored by
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1,11,74",

Barron's: What lessons do you draw from recent


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financial events?.

SWi0.,:Mf:MV
Minerd: Mark Twain said that history doesn't repeat
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This award winning column addresses estate
There is no doubt that the chairman of the Federal Reserve, Ben Bernanke, is history himself and is very
a student of
aware of the monetary accidents of the 1930s. And as the chairman of the Federal Reserve during this period, his
planning, individual retirement accounts, long-term-
worst nightmare would be for the United States to fall into a debt-deflation spiral. Therefore, he is engaging in a series
care insurance and strategies for selecting variable
annutties.
of policies that are creating excess liquidfty in the system, relative to the mistake that was made in the 1930s. That will

probably be sufficient to keep the United States from falling back into a recession. However, he is also setting the
stage for events, both in the near term and the long term, that will have a dramatic impact, ultimately, on a lot of things
in the Untied States, including asset prices and interest rates.
Related Quotes
That sounds very ominous. MS 25.09 '1' -0.54 -211%

Well, in the near term, with so much liquidity available, asset prices will rise for a number of categories, particularly
financial assets like stocks and bonds and commodities. Thafs a bull market, which most people enjoy. But in the long
run, after an extended period wtth low interest rates, which I believe the Fed will be able to engineer, the question
becomes: How do you aggressive monetary policy without having a financial accident? And I don't believe
reverse this
that the Fed will be able to pull that off
successfully without some sort of a massive problem down the road. It is the
problem that will occur in the next decade. And, in all likelihood, the ultimate outcome will be a paradigm sh tit in the View all charts for tickers in this story
way we view money. There have been five paradigm shifts in the last century on the definition of money. And it is not
unusual for central banks and governments to make a shift when the problems become so big that they can't resolve

them within the financial system they created


More on DailyFinance

What's an example of such a shift?

The last major one was the Nixon Shock of 1971. President Nixon closed the gold window, and that ended the
convertibility of dollars into gold at a fixed price of $35 per ounce. From that point on, we went into a free-floating
exchange-rate system with fiat currencies. That was a dramatic change from anything that occurred in the history of
the United States or even in the history of the world. Ultimately, though, the supply of money that is being created by

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the Fed is creating an imbalance between the number of dollars in circulation and the value of assets. Either asset
prices across adjust upward in a dramatic way or we will have to find a way to shift the definition
the board will have to
of money in a
way so essentially, our currency has been debased. That occurred back in the
that it doesn't appear that,
1940s with the establishment of the Bretton Woods system that linked all the currencies together and then ultimately
made the dollar exchangeable into gold for central banks. Something like that or akin to the Bretton Woods system is a
possibiltty. Policy makers are putting out a lot of feelers for the IMF [International Monetary Fund] to become involved
and create a solution to end the competitive currency devaluation that is going on today. When the Fed faces its
ultimate crisis of removing all of this liquidity, it will force a change in the paradigm of money. It is hard to predict

exactly how that will work. But it certainly makes the paper money that we are using today look like a foors game in the
end, and that's why there is so much demand now for hard assets such as precious metals, art and collectibles.

So you see a
very tough decade ahead?

I actually think this a great opportunity for investing -that is, for people who buy high-quality stocks and
decade is
investments in select categories of fixed income, especially areas like high yield, and in commodities. The bull market
in gold, as George Soros has said, is the mother of all bubbles, and we are still in the early stages of a bull market that
will probably go on for another decade. So there are lots of opportunities for people to make money. But in most of the
asset classes where people could make money, investors are afraid to get involved. That includes equtties.

So while you see trouble longer term, in the meantime there are some good opportunities to make money for

now?

Right I ultimately call this the anti-currency trade. What you really don't want to do is, at the end of the day, get stuck

holding a lot of financial assets. But in the near term, because the rising tide of liquidity from the Federal Reserve is
lifting all the boats-except for the boats with the holes in them, which I refer to as real estate-you can take advantage
of this liquidity shtft to make a lot of money over the next five to 10 years.

We'll get back to that. But how do you assess the job Bernanke has clone?

I think one big mistakes in the financial crisis was that the Federal Reserve was not more responsive early.
of the
There great deal of denial, or at least a lack of recognition of how severe the downturn was, especially in the
was a

housing market. There is the old adage in central banking that says in times of crisis, discount freely. I was startled at
how slow Bernanke, who is a great student of the Great Depression, was to respond to the crisis and his limited use of

liquidity early on. If the Fed had been more aggressive early in the crisis, they could have forestalled a lot of the
financial failures that we have had. But having said that, now that we are in the depths of the crisis, I believe that the
Fed is doing a fairly good job of having finally awakened to how severe the situation is and understanding that tt has to

take some kind of action. Given what is happening on the fiscal side of the house in Wash ington, where there is

virtually no progress at all in developing a rational fiscal policy, all economic policy now rests on the shoulders of the
Fed. But there isn't much left that the Fed can do that it's not already doing.

What is your assessment of the Federal Reserve's decision last week to purchase $600 billion of U.S.
government bonds, otherwise known as Quantitative Easing 2?

0E2 is a an attempt on the part of the Fed to raise asset prices in the categories where it
very blunt instrument. It is
can increasing asset prices should help stimulate consumer demand. There's also the
re-inflate. The wealth effect of
incremental disposable income which can come from mortgage refinancings, if rates remain low. So in some ways the
Fed essentially is handing out a subsidy or a tax cut.

What are your macro-economic concerns?

I am very d isturbed about a lack of coherent fiscal policy coming out of Washington. The 2009 stimulus bill was a

limtted success, and therearty is that we have now learned the lesson that government projects, even when well
intentioned and even well planned, take a long time to influence the economy. The quickest way to stimulate the

economy is through a tax cut, and if we had taken the money that we used for stimulus projects and just given a tax cut
to the consumer, we would probably have gotten a lot more bang for our buck and be a lot further along than we are.

You support a payroll tax holiday. How would that help the economy?

If we were to have a payroll tax holiday just on the Social Security portion of the payroll tax, that
where we focused
would cost the government about $500 percentage of disposable income, the payroll tax is one of
billion a year. As a

the most regressive taxes, and it is the hig hest among the lowest wage earners. If a payroll tax holiday were granted,
the lowest wage earner, who is much less inclined to save the money and more inclined to spend it, would have an
increase in disposable income and most likely consume tt. Our best estimates are that it would probably reduce the

unemployment rate by about two percentage points. It would be immediately stimulative to the economy. And a payroll
tax horday could easily be financed in the long-run through an extension of the retirement age, especially since three

quarters of Americans do not believe they'll ever receive Social Security benefits. The net present value of future
savings on retirement benefits could well exceed the cost of a payroll tax holiday implemented today.

Following last week's mid.term elections, big changes are afoot in Washington with the Republicans taking
over the House and making big gains in the Senate. What does this mean for fiscal policies?

The most likely outcome is gridlock, which everybody seems to think is going to happen. And gridlock is going to put
more on the monetary authorities to try to figure out a way to get out of this nightmare. And gridlock isn't
pressure
going to be good for tax policy, because we are not going to get a fix to the Bush tax cuts set to expire at the end of
this year. The flip side, though, is that with the Republicans coming to power, there is a possibirty that the Obama
administration could realize that the Republicans have a mandate and that there would be some hope of doing some

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reform, which could include a payroll tax holiday. So my optimistic scenario is that given the mandate that
sort of tax
theRepublicans have been handed, the other side of the aisle might come around and take a more constructive
approach. But the body language out of Washington isn't positive at this point.

High unemployment and a disastrous housing market have been hard to fix. What's the best way to tackle
these problems?

The first thing is to get unemployment down and, obviously, a payroll-tax hohday is the route that I think willget us
there the quickest. The second thing that's crucial is to keep mortgage interest-rates low. Interestingly enough, if we
were to essentially implement the payroll-tax holiday in conjunction wtth quantitative easing, it would enable the

government to run deficits while the Federal Reserve financed them. And the Fed would be able to keep rates low for a

number of years while we clear the housing market.

Is inflation a bigger worry than deflation?

With the economy at stall speed, deflation is a bigger threat. With capacity utilization below 75%, there is very little risk
Typically, see inflationary
of inflation. we don't pressure in select categories until you get above 80% capacity
utilization, and you don't get a wage-price spiral until you get above 85%. As far as capacity utilization, we are where
we were at the bottom of the last recession. So we have a long
way to go. In the long run, however, quantitative easing
and the large supply of money will become an inflationary threat, once the economy begins to pick up speed. And the

canary in the coal mine to watch is capacity utilization. When we start to see capacity utilization numbers above 80%,
people have to start to be concerned about a move away from deflation toward inflation.

Lets talk about asset allocation.

Asset allocation depends on your investment horizon. We typically work wtth our clients to invest over periods of five to
10 years. And part of that asset allocation, you have to consider liquidity. There are, however, certain categories of
as

investments which we advocate allocating money to that are not that liquid, namely areas like art and collectibles. A
portfolio desig ned to build wealth should have something like 10%-20% in art and collectibles. Americans are not as
experienced with art and collectibles as Europeans are, but art has some unique attributes to it. Besides the fact that
there is a limited supply once an artist is dead, the other great advantage to art is that it is portable.

What other assets make sense?

Another 10% to 20% of the portfolio should be allocated to co mmod tties. In particular, we would overweight precious
metals and industrial metals.

What's your rationale?

Gold has long been a store of value and a uncertainty. As you can see, by making such large
haven in times of
allocations to collectibles and to gold, we're essentially advocating an anti-currency trade-that is, trying to find things
which are not financial assets to store value in that have the ability to be liquid and portable.

Presumably financial assets worry you over the long term?

If you believe that we could ultimately end up in an inflationary spiral, any financial asset becomes a concern to me.

Where should the rest of the portfolio be?

The balance should be split between equities and certain categories of fixed income. In equtties, we like U.S. large-
cap, dividend-paying companies, with maybe about 10% of your equity holdings allocated to emerging markets.

Why the emphasis on U.S. equities, as opposed to emerging markets?

From a value standpoint, equities are very attractive. When you look at the earnings yield on equities relative to bonds,

U.S. equities are exceptionally cheap. There is also a pretty solid uptrend in earnings growth in the United States. And
given that the dollar is so cheap, this is probably not the pivotal moment to be diversifying away from the dollar. But it
would be imprudent not to have an allocation to the emerg ing markets, because within the next 20 to 30 years China,
India and Brazil are likely to account for a much larger percentage of the world market-cap.

What do you like in fixed income?

We see more opportunities in high yield, where spreads have narrowed quite a bit. But if you look at those spreads
based on their historical levels, they are still relatively high against Treasuries. In add ttion, there are sectors within high
yield where money has flooded in. A lot of it has been basically catching the names that are in the indexes, because

most of the money is managed in mutual funds. But there are names outside of the index, like American Achievement,
which has a B rating and yields over 10%. Its money good, in our view, and its an extremely attractive return.

You wrote recently that some municipal bonds are interesting. Whats to like there?

We like taxable mun is, particularly Build America bonds. Even though those bonds have long maturities, given that we

don't see any threat to rising interest rates over the next five to 10 years, the spreads are aberranly wide. But AA and
A Build America bonds are trading at yields higher than BBB industrials are. We think that relationship should be
reversed over time.

Any other fixed income favorites?

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ABS. We love asset-backed securities. ABS has become a four-letter word, and the baby has been thrown out with the
bath water here. But there are a lots of ABS securities that are secured by assets well in excess of the amount of
leverage against them and ultimately are money good with yields that will trade in the range of between 7% and 10%.

Thanks, Scott.

IC peDple :ike this

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A Push to of 2
t.t.gpqlei_gatiErfirsti*Gb°1Pi affie'gli41-t Filed 11/22/10 Page 8 of lgage 1

THE BOND BUYER THE DAJLY NEWSPAPER OF PUBLIC FINANCE

A Push to Strip QSCB's Tax Credits

Patrick Temok?--Vsist.

WASHINGTON Rep. Bob Etheridge, D-N.C., today will urge Treasury Secretary Timothy Geithner to quickly
issue guidance on qualified school construction bonds, specifically how to strip and sell the bondstax credit in
the secondary market.
Geithner will bemeeting with Etheridge, a House Ways and Means Committee member, and other lawmakers
during a Congress today. Lawmakers hope the Treasury will act soon to ensure a secondary market for
visit to
QSCBs develops in time for school districts to issue $11 billion of these bonds before the funds revert back to
the states on Dec. 31.

Only five QSCB deals have been done since February when they were created by the American Recovery and
Reinvestment Act of 2009. The law authorizes another $11 billion of QSCBs for issuance in 2010.

Congress authorized the stripping of tax credits for tax-credit bonds last year, provision into the
inserting a

farm bill. Lawmakers reasoned that stripping the tax credits from these bonds would broaden the pool of
investors for issuers to include those interested in the tax credit as well as those interested in the debt.

Though stripping has been authorized by Congress, the Treasury has not yet issued guidance detailing how it
should be done. Treasury officials have said the guidance might not be released until at least September.

Investors are anxious about buying tax-credit bonds without the Treasury guidance. Some investors do not want
to invest in a bond only to learn later they are unable to strip and sell the tax credit, according to market
participants.
This concern could hinder the issuance of the $22 billion of QSCBs over the next two years. The bonds can be
used by all school districts to finance new school construction and related land purchases.
The forerunner to QSCBs QZABs, which can only be issued by low-income school districts to finance school
were

renovations, not new construction. For the past 10 years, the low-income school districts were allocated $400
million per year of QZABs. Now, thanks to the stimulus, school districts have a combined $1.4 billion of QZABs
and $22 billion of QSCBs to issue over the next 17 months,

A number of school districts eager to take advantage of these tax-credit bonds. In North Carolina, the
are

division of school support in the states Department of Public Instruction has been "almost overwhelmed" by the
interest in QSCBs from the states 115 school districts, said Ben Matthews, the departments director.

Matthews said his office has been working with district supenintendents and broker-dealer firms to find QSCB
investors. On Monday, Matthews said talks between a school district and a bank in New Mexico fell
through
because the investor was worried about buying QSCBs without the Treasury guidance on stripping. North
Carolina bond attorneys have relayed the concerns about QSCBs to Etheridge prior to the meeting with
Geithner, he said.
To date, four of the five QSCB deals have been bought by Chicago-based Guggenheim Partners LLC, an
investment management firm with $100 billion in assets under management. The firm has bought $85 million of
OSCBs for its insurance company clients, according to its chief investment officer, Scott Minerd,

http://www.bondbuyer.com/issues/118 140/-305580-1.html?zkPrintable=true 11/17/2010


A Push to B, Article„
ttg4)q.q16_sjatiErfirstiitis,,uti on over
Icumern-T--o Filed 11/22/10 Page 9 of lgage 2 of 2

Guggenheim is currently working with underwriters and borrowers to finance more deals, he said, adding
Guggenheim's clients have authorized it to buy up to $1, 5 billion of QSCBs.
The insurance companies want to buy and hold CLSCBs and do not plan to strip the tax credit, Minerd said.
But other investors interested in stripping the tax credit are concerned about the tax credit's independence
once it is stripped from the bond's principal. TheTreasury guidance must settle the problem of what would
happen to a tax credit if the issuer defaults on the bond's principal, Minerd said.

"That obviously affects the secondary value of the credit. All of a sudden now, [the tax credit] is not only the
claim on the U.S. Treasury, but it is conditioned upon the creditworthiness of the borrower, he said. Even if
the tax credit has a separate Cusip number, "that doesn't necessarily mean it de-links" from the QSCB's
principal, he said.
Other concerns have been raised by issuers who are wary of the construction requirements placed on the
schools that are required to receive QSCB approval, said Michael Wadsworth, senior vice president of
underwriting at Southwest Securities Inc., which underwrote the Garland, Tex., Independent School District
$10 million deal.

QSCB projects must comply with the Davis-Bacon Fair Labor Acts requirements that workers be paid prevailing
wages. QSCBs are not subject to whistle-blower protections or Buy American requirements, according to the
Department of Education.
In the past, school districts have not had to follow these requirements, which could add a large cost, said
Edward D. McLiney, chairman at Mctiney and Co., a Kansas City-based investment bank that specializes in tax
credit bonds

Another hurdle issuers face in attracting investors is that the value of the tax credit has declined since the first
QSCB deal, said. The tax-credit rate, which is set by the Treasury Department on a daily basis, was
sources

7.87% when Guggenheim bought the first QSCB bonds. The rate dropped to 7.19% on the most recent deal.
Yesterday's rate was 7.08%, according to the Treasury.
But the biggest hurdle for QSCB issuers remains attracting enough investors, market participants said. Though
the potential annual supply has tripled, investors are anxious about dealing with the new product,
QSCBs "are a great way to borrow some money, Wadsworth said. "The hardest thing is finding the investors.
That's the key element,

Peter Schroeder contributed to this story.

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Businessweek

Available on the !Pad

December 16, 2009 1:37 PM


Guggenheim's Minerd Calls Wells Fargo Loan CDO 'LandmarkDeal
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Dec. 16 (Bloomberg) Banks may arrange as many as 100 collateralized debt obligations backed by high-yield, high-risk loans in 2010 following Wells Fargo & Co.'s "landmark"
offering yesterday, according to Guggenheim Partners LLC.
Guggenheim was the main investor in the securities of Newstar Commercial Loan Trust 2009-1, a $250 million CLO arranged by Wells Fargo, said Scott Minerd, who helps supervise
more than $100 billion as Guggenheim's chief investment officer.

"This transaction is a landmark, said Minerd, who is based in Santa Monica, California. 'The creation of a new CLO is an important step forward in reigniting the capital markets for
bank loans."
Wells Fargo is joined by JPMorgan Chase & Co., Bank of America Corp. and Citigroup Inc. in approaching managers of leveraged loans to offer terms for new CLOs following a record
rally this year in the debt. The $440 billion market for CLOs, which pool loans and slice them into securities of varying risk, largely disappeared at the end of 2007 as losses on sub prime
mortgages led investors to flee bundled debt.
"The CLO market is a permanent fixture in the capital markets, Minerd said. "They've been an important source of financing for companies for the last 10 years."
Guggenheim is in discussions with other banks and issuers to complete more CLO transactions, said Minerd, who predicts CLO sales may reach $25 billion in 2010.
Leveraged loans have returned a record 49.8 percent this year after losing an unprecedented 28.2 percent in 2008 following the failure of Lehman Brothers Holdings Inc., according to
the Standard & Pooes/LSTA U.S. Leveraged Loan 100 Index. Leveraged loans are rated below BBB- by S&P and less than Baa3 at Moodys Investors Service.
CLO sales rose to about $100 billion in both 2006 and 2007, from $32 billion in 2004, according to data from Credit Suisse AG. Investors bought the securities because they had higher
returns than similarly rated debt, boosting demand for the leveraged loans packaged inside them.

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Bernanke Says Fed to Judge MarketTurbulence' Impact (Update2) Bloomberg Page 1 of 3
Case 1:10-cv-08830-PGG Document 1-6 Filed 11/22/10 Page 13 of 15

Bloomberg
Bernanke Says Fed to Judge Market 'Turbulence'
Impact (Update2)
By Craig Torres and David Mildenberg Nov 29, 2007

Nov. 29 (Bloomberg) Federal Reserve Chairman Ben S. Bernanke said volatility in credit markets
has affected" the economy's prospects and policy makers must decide whether the risks between

growth and inflation have now shifted.

"The outlook has also been importantly affected over the past month by renewed turbulence in
financial markets, Bernanke said in a speech in Charlotte, North Carolina. "The committee will
have to judge whether the outlook for the economy or the balance of risks has shifted materially."

Bernanke spoke a day after remarks by Vice Chairman Donald Kohn stoked investors' expectations
for the central bank to lower interest rates for a third straight meeting Dec. ii. While the Fed chief
discussed both the risks to growth and inflation, he indicated the central bank is watching for
additional signs of a pullback in spending.

"Kohn's statement was a prepared to cut rates if we have


clear message to the markets that 'we are

to, said Scott Minerd, who helps oversee about $26 billion in stocks and bonds at Guggenheim
Partners Asset Management in Santa Monica, California. Bernanke's remarks 'give insight into

what the process will be like" as the Fed makes its decision, he said.

Treasuries have climbed this week, sending three-month bill yields below 3 percent for the first time
since August, as concern over banks' willingness to lend drove investors to the relative safety of U.S.
government debt. Treasury securities were little changed in Asian trading after Bernanke spoke.

Stocks Rally

At the same time, stocks have rallied on optimism the Fed will act to keep alive the economic
expansion, now entering its seventh year. The Standard & Poor's 500 Index rose 4.4 percent in the
past three days, to 1, 469.72 at the close in New York.

The MSCI Asia Pacific Index added 1 percent to 162.33 as of 11:10 a.m. in Tokyo, heading for its
highest close since Nov. 14.

http://www.bloomberg.com/apps/news?pid=21070001&sid=aNIsX2e5Tsks 11/18/2010
Bernanke Says Fed to Judge Market
Turbulence' Impact (Update2) Bloomberg Page 2 of 3
Case 1:10-cv-08830-PGG Document 1-6 Filed 11/22/10 Page 14 of 15

Neither Bernanke nor repeated the language in last month's Federal Open Market Committee
Kohn
statement that risks between growth and inflation were "roughly" balanced. Economists interpreted

the Oct. 31 statement as a signal policy makers preferred to leave rates unchanged for a time.

Uncertainty around the outlook is even greater than usual, requiring the Fed to be "exceptionally
alert and flexible, Bernanke said at an annual meeting of the Charlotte Chamber of Commerce.

Consumer Headwinds'

"The combination of higher gas prices, the weak housing market, tighter credit conditions, and
declines in stock prices seem likely to create some headwinds for the consumer in the months ahead,
Bernanke said. "Continued good performance by the labor market is important for maintaining the
economic expansion."

Kohn said yesterday that officials must take account of the deterioration" in credit markets when

they next meet. Bernanke echoed that view.

"The Federal Reserve is following the evolution of financial conditions carefully, with particular
attention to the question of how strains in financial markets might affect the broader economy,
Bernanke said.

Federal funds futures show traders see a loo percent chance of a reduction in the benchmark rate

next month, with a 26 percent probability of a half-point move. After the 0.75 percentage point of
cuts the past two meetings, that would make the most aggressive easing since the last recession in
2001.

Banks' Losses

Economists also predicted lower rates amid concern mounting losses on assets linked to subprime
mortgages will cause banks to cut borrowing. Citigroup Inc., Merrill Lynch & Co., Barclays Plc and
other banks have already warned of about $50 billion of losses.

Economic reports today indicated growth may falter after accelerating in the third quarter. New-
home prices dropped the most since 1970 and jobless claims rose to a nine-month high. Government

figures yesterday showed durable goods orders fell for a third month, the longest slump in 3 1/2
years.

Household spending data "have been on the soft side, Bernanke said. "The committee will have
considerable additional information on consumer purchases and sentiment to digest before its next

http://www.bloomberg.com/apps/news?pid=21070001&sid=aNIsX2e5Tsks 11/18/2010
Bernanke Says Fed to Judge Market
Turbulence' Impact (Update2) Bloomberg Page 3 of 3
Case 1:10-cv-08830-PGG Document 1-6 Filed 11/22/10 Page 15 of 15

meeting."

Economic data have been "mixed" since last month's FOMC meeting, the Fed chairman said. He

noted that officials will have further reports, including November payroll figures, when they gather
Dec.

Forecasts Cut

President George W. Bush's economic advisers today followed Fed officials' move last week to lower
their outlook for growth next year. Fed policy makers now expect U.S. gross domestic product to

increase 1.8 percent to 2.5 percent in 2008, "notably below" the 2.5 percent to 2.75 percent they
predicted in July.

Bernanke said inflation has remained "moderate." Still, increases in the prices of food, imported
goods and energy products may raise inflation and inflation expectations, he said.

"The effectiveness of monetary policy depends critically on maintaining the public's confidence that
inflation will be well- controlled, Bernanke said. "We are accordingly monitoring inflation

developments closely."

In financial markets, risk spreads have increased since the Fed met Oct. 30-31, an index tracked by

Citigroup Global Markets Inc shows. The index rose to a high of 0.99 on Nov. 22 from 0.77 on Nov. 1,

with 1 being the highest level of risk aversion. It was at 0.94 today.

Fed officials have tried to meet the surge in demand for cash, first
lowering the cost of direct loans to
banks in an unscheduled meeting in August. The central bank cut both the discount rate and its key
rate in September and October. The New York Fed also said this week it plans a series of long-term

repurchase agreements through year-end to ease funding shortages.

To contact the reporter on Craig Torres in Washington at 1220 or


this story:

ctorres3Pbloomberg.net; or David Mildenberg in Charlotte, North Carolina at


dmildenbergpbloomberg.net.

To contact the editor responsible for this story: Chris Anstey at canstey@bloomberg.net

©2010 BLOOMBERG L.P. ALL RIGHTS RESERVED.

http://www.bloomberg.com/apps/news?pid=21070001&sid=aNIsX2e5Tsks 11/18/2010
GUG6ET1HEIM

May 28, 2010

Please let me know if you have any crude oil available today that Mr. Guggenheim can purchase
immediately.

I am the legal representative for the Guggenheim family. Mr. David B. Guggenheim and Mr.
Vladimir Z. Guggenheim are very interested in purchasing a large contract of crude oil
immediately, something in the range of $1B to $3B. He would like the Proof of Product (tank
receipts, etc.) sent to him via his secure email (or federal expressed to his New York office);
upon viewing the Proof Of Product, he will purchase same day, within hours. At that time, a
phone call will occur and payment anangements can be made. He does not need a credit line, he
is ready to buy and can wire the money. He wants to buy a big contract of crude and states that
he will also be a continual regular buyer. After a big contract of crude oil, he will also be looking
for Mazut, D2 and JP54.

Type of Crude: Saudi, Mongolian, Iraq (Kirkuk Crude and Basra Light), Venezuela, Columbia,
REBCO, US crudes are all acceptable to him, as he has many different uses for the crude. He can
use heavy, sour or light and sweet. Again, any crude. His primary concern is that it is not from

Nigeria or Iran.

Amount: 10Million to 50Millions bbls x 72. He would like to be your biggest private buyer. He
will settle for less volume, according to what you have in inventory, such as 1M x 12, but the
bigger volume the better.

Shipping: CIF China

Ports: Qingdao Port


V
Guangzhou Port
I
ihi.h-
Shanghai Port

Shantou Port

In summary, Mr. Guggenheim will purchase as much crude as you cunently have available to
sell, he is prepared to spend $1B to $3B today before the end of business day. He would like to
see the Proof of Product, ownership title or tank receipts, whatever you normally show for POP

via his secure email address, and he will purchase within several hours.

This is not so unusual of a request when you consider that Mr. Guggenheim owns several
refineries abroad and is also a large share holder in Deutsche Bank, and therefore a refinery
owner and bank officer. Mr. Guggenheim does not want to waste time with paperwork before
seeing the proof of product. Once he sees the proof of product, he will buy.

I look forward to receiving the Proof of Product via email or federal express, so that Mr.
Guggenheim can verify and pay.

I look forward to your response,

Lady Catarina Pietra Toumei

14 Ai Atm ra
Legal Representative for Mr. Vladimir Z. Guggenheim

Rancho Santa Fe, California USA

SKYPE: LadyCatarina

00 1 858 504 1556

CatarinaaGuggenheimAdvisors.org

LadyCatarinaPietragmail.com

Please forward my email to both addresses, as I have just been notified that the server for the
Advisors account is down for 24 hours, beginning this morning.

Note: Guggenheim Partners, LLC is a global, independent, privately held, diversified financial
services finn with more than $100 billion in assets under supervision. We provide investment
management services and products, investment advisory services, and investment banking and
capital markets services. We employ more than 1, 000 individuals and are headquartered in
Chicago and New York. We serve the world from more than 20 cities across the United States,
Europe, and Asia.

As requested, the following is a limited profile on the Guggenheim family.


http://www.guggenheim.org/

The buyer has many holdings, including Guggenheim Partners, LLC a global, independent,
privately held, diversified financial services firm with more than $100 Billion in assets.
http://www.guggenheimpartners.com/
Case 1:10-cv-08830-PGG Document 1-7 Filed 11/22/10 Page 3 of 3

The Guggenheim family has established and continues to build the Guggenheim Foundation.
http://www.guggenheim.org/guggenheim-foundation Since its inception in 1937, the Solomon
R. Guggenheim Foundation has been a preeminent institution for the collection, preservation,
and research of modern and contemporary art. Their global network includes:

The Solomon R. Guggenheim Museum, New York http://www.guggenheim.org/new-york

The Peggy Guggenheim Collection, Venice http://www.guggenheim.org/venice

The Guggenheim Museum Bilbao, Spain http://www.guggenheim.org/bilbao

The Deutsche Guggenheim, Berlin (collaboration with Deutsche Bank)


http://www.guggenheim.org/berlin

The new Guggenheim Abu Dhabi, UAE http://www.guggenheim.org/abu-dhabi

The Guggenheim Foundation continues to forge international partnerships as it works on

developing new museums in the Middle East, Latin America, and Asia.
GUGGENHEIM

Letter Of Intent

TO: EGC Corp


c/o D r. Fadi N oah and M i chael Donavan/

June 10, 2010

Pl ease l et me know if you have any crude oi l avai l abl e today, such as that li sted bel ow, that M r.
Guggenheim can purchase immediately.
VENEZUELAN CRUDE OIL API-17 (MEREY)

800, 000 BBLSSPOT WITH POSSIBLE ROLLSAND EXTENTIONS UPTO 12 MONTHS

CIFASWP

PRICE: TBA depending on final destinati on U SA: U SD $57.00 Per B arrel

I am the legal representative for the Guggenheim family. M r. V ladimi r Z. Guggenheim is very
interested in contract of crude oil immediatel y. H e would like the Proof of
purchasing a l arge
Product (tank receipts, etc.) sent to him viahissecureemail, couriered, or brought to his New
York office; upon viewing the Proof of Product, he wi ll purchase same day, within hours. At
that time, a phone cal l wi ll occur and payment arrangements can be made, accordi ng to the
seller’s preference. He does not need a credit line, he is ready to buy and can wire the money.
He wants to buy a bi g contract of crude and states that he wi ll al so be a continual regul ar buyer.
After a bi g contract of crude oil, he wi ll al so be looki ng for M azut.

Type of Crude: Saudi, M ongol ian, Iraq Kirkuk Crude and Basra Li ght), Venezuel a, Columbi a,
REBCO, US crudes are all acceptable to hi m, as he has many different uses for the crude. He can
use heavy, sour or li ght and sweet. Agai n, any crude. H i s pri mary concern i s that it i s not from
Ni geri a or Iran.

Amount: 50Milli ons bbl s+ x 12 or x 72. H e would like to be your bi ggest private buyer. H e wi ll

settle for less vol ume, accordi ng to what you have in title, but the bigger volume the better.

Shipping: CIF China

Ports: Qingdao Port


Guangzhou Port

Shanghai Port

Shantou Port

In summary, Mr. Guggenheim will purchase as much crude as you cunently have available to
sell. He would like to see the Proof of Product, ownership title or tank receipts, whatever you
normally show for POP via his secure email address, and he will purchase within several hours.

This is not so unusual of a request when you consider that Mr. Guggenheim owns several
refineries and is also a large share holder of several banks, and therefore a refinery owner and
bank officer. Mr. Guggenheim does not want to waste time with paperwork before seeing the
proof of product. Once he sees the proof of product, he will buy.

I look forward to receiving the Proof of Product, so that Mr. Guggenheim can verify and pay.

I look forward to your response,

Lady Catarina Pietra Toumei 11


4 &a Rik red
Legal Representative for Mr. Vladimir Z. Guggenheim

Rancho Santa Fe, California USA

As requested, the following is a limited profile on the Guggenheim family.


http://www.guggenheim.org/

The buyer has many holdings, including Guggenheim Partners, LLC a global, independent,
privately held, diversified financial services finn with more than $500 Billion in assets.
http://www.guggenheimpartners.com/

The Guggenheim family has established and continues to build the Guggenheim Foundation.
http://www.guggenheim.org/guggenheim-foundation Since its inception, the Solomon R.
Guggenheim Foundation has been a preeminent institution for the collection, preservation, and
research of modern and contemporary art. Their global network includes:

The Solomon R. Guggenheim Museum, New York http://www.guggenheim.org/new-york

The Peggy Guggenheim Collection, Venice http://www.guggenheim.org/venice

The Guggenheim Museum Bilbao, Spain http://www.guggenheim.org/bilbao


Case 1:10-cv-08830-PGG Document 1-8 Filed 11/22/10 Page 3 of 3

The Deutsche Guggenheim, Berlin (collaboration with Deutsche Bank)


http://www.guggenheim.org/berlin

The new Guggenheim Abu Dhabi, UAE http://www.guggenheim.org/abu-dhabi

The Guggenheim Foundation continues to forge international partnerships as it works on

developing new museums in the Middle East, Latin America, and Asia.
IR(e 11/22/10 1 f 11 P 02
jUL-_97-2_96,. Di., :Ct0-14.vP09.1rP9pDocument 1-9 Pag e o,

I
I
Dote Wed 7/7/2010 12:24 PM
"Mike Williams" <niike24kgold@giriail.com>
From
To monex@monex.com500 000oz a mo contract
Subject Mr, Dan Mi icevica
Content I Attachments (1 146K)
View HTML I Text I Header I Raw
can see who he Is...friend
of the
contact Info out of ths agreement.., you
Hello Dan. I took our buy rs personal can see In the agreement.
Caterina who is his agent as you YOU CAN THEN
family and very close wit CONTAC'T WITH ANYONE...IF YOU WISH ONCE WE INK A DEAL
DO NOT MA1<E ANY DIRE T
TALK TO CAT1_0ERINA IN,
see we sel i to
at $1000oz, ..you
000oz a week x 12 mo. price protection
This Is what I need prov1
i ed., .500,
him at $1100.
Is with Central Ining
LLC...I'm COO-CFO Owner.
Contract
.com Vm a famous Inventori
at www, dentoiskype,
You can also look me up and when we can start deliveries.
Thanks, for passing on t us quote
a

Mike
530-305-8203
JUL-07-2610$4EDItteievPlEtelfe5PR-PGG Document 1-9 FIREIC.11/22/10 Page 2 of 11 P. 03

•1

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Seller's Code: CeirdraINkrit Li.cAct*Ettv,940,000,
Buyer's Code: $1.044K 'W*6100' 'Rev
Transaction: SELL3000y. murf%
Term: 12 Monthel:?::,
PROMISES AND MUTUAL
blil6THE WARRANTS, s
IN
G92:'0.9NISIDE*TtP,
COVEr4. TS figREIN S14, PORTH, tOTH
PARTIES UNDER.STAND
THE SALE AND PURCHASE
AND AGREE UPON
OF GOLD AS
THE WRMS AND CONDUION§ FOR
FOLLOV: 4:0••
and Buyer of
1. WHERE4S, 'GOLD is Central Mining LLC and supply partners
GOLD is Mr Vla0iir Z. Guggenheim. Sirllerf
Contract referred to as GOLD BARS 24K
Valued at $1, 000, 000, 000 [ONE
hereinafter reSitOrt,to as "GOLD OR PRODUCT."
BILLION]. r
AS PER THIS CONTRACT FOR
2. WHEREAS, BUyer wishes to purchase Seller's GOLD
THE TERM Off THIS AGREMENT WITH PRICE
PROTECTION FOR 12 MONTHS.
1
3. WHEREAS, shall mean 12 months from the date of this agreement.
Trm
Page 1 of 10
JUL-07-201asErl AD-tew-088330ffPGG Document 1-9 111Yed3:11/22/10 Page 3 of 11 P. 04

1.
i.
1
I 1
SBLC (buyers choice).
Payl'inent shall mean --CASH, MT 103
or
1 4.. WHEREAS,
I I to 250, 000oz before 30 days.
5. WHEREAS, DeOery shall mean first delivery up
delivery.
6. WHEREAS, FUt.t. Payment upon guaranteed
IS CENTRAL MINING LLC AND
SUPPLY PARTNERS.
7. WHEREAS, SEI-IiI-ER
12 oz. x months.
8. WHEREAS, Pride shall mean $1, 100 per Ntk,
and responsibility, declares undgpenitlity., of perjury that the
The Seller, under' full authority and not
unrestricted right to sell the OAP thek.O. legal that he
9.
SFLLER has th, e.capability and
from criminal oripin. The, BUYER,
under full authority and*porAtliflitytferitesents
cifl„s*,,gtaff., 8.40INIKto
has the clear aid qualified right
COMFORT LETTER OF PAYMENT
and financial
captlity*d
or alternateti:''ini ent'11).94th0el,
orldik, '1-. 4,
W4 4,0k"H;fEy.)0ik
•441., noti..iitriiiiiiqal
with clean f un ds
purchase GOLD; as specified ..o..., 4.&,
under§nkez..,...ItyOI:terjUheilis' seltVe9„ TheuponBUYER
10. The SELLER and warrants,
agrees, and watirants, under penalty
ofagi rees
p specified in each
....90jurym..,,,, . 141.4c;lais, t, ,eller'e4OLD
proof
of gold as described herein below,, ....;10..agrees.1!z; ....o.j. ! eie.,,, G0r4.,,...tts
Purchase Order;
i BUIll tee' atea r Pure Ick/IX (Sealed) (1.000 oz.)
GILD BA= i . 44.. , ,.
corilo if
4., i,..o.:;:i...,..s.,, -...•..i;;.,

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Page 2 of 10

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JUL-07-2g@WD1 tfteievP0fifiNrPGG Document 1-9 FF110%0.11/22/10 Page 4 of 11 P. 05
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I.
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1 K::',
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r. Symbol..
i GCBB:0100:CM
X
1
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i Weight:
I 1
z actual.'
3. C11:10 o'
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I shipping
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Condition:
I Bullion
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Denomination:
i
.1 oz. units
4:..s..
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1 4, Content:
I .ti!, i, 99.9% pure gold
1 N.2•,

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Gold product is bar form. Gold and
1 The most common size gold bar in the Industry.
a COMEXINVMEX acceptable brand such
as
hallmarked by governmentmlntor
a
Heraells.
Engelhard, CreditSulsse, johnson-Matthey, PampSA, Degussa.
I
1

I
FORM I 24K GOLD HALLMARK BAR

Page 3 of 10
Me8111/22/10 Page 5 of 11 R 06
JuL7-07-2q0sio :Clp7b5/4188330tPGG
1
Document 1-9

1 i

SUPPLIERS 1 REFINERY OTHER


CONTRACT 1 TWELVE [12] months from the date of this agreement
PERIOD;
PURITY 99.99%
TYPE I, BULIION
I, CONTRACT ALUE $1Billion
1
LIFT OU NTITY
250, 00002 per shipment
in USA from Seller "'it....
DELIVERY—dOLD To Bu ar

SSAY
WTH EACH BAR DELIVERED
REPORT i

PRICE: %1, 100 er oz X 12 months


SHIPPING & TAXES
& I PAYABLE BY BUYER„:".* '•::q,k, .ib., 14,,, .':114'.i,
."'ik.: .4.:, :i.. N't, q•:::,,,
INSURANCE:,
i ON OR BEFOFT Mays
DELIVERY 0 ATE
DE OSITS 1..„.., .-.1:4;itsiv,, .i, -..34.7%.zgomirt4, 4;.1.N.e.;
GOLD
IN TO www.mw6i4, oggi'F.•.q., ‘...sw„.1'...14=m6Tiazs.r.,
:•-.11' . 1#04' , ., ic. s

EXCHA1GE
REFINERY
.:^?::atn, '''V9'.., :d.f.4.:k .nk. .......W;,,,

DELIVE Y
address in the USA via
BRINKS OR,.$ii4ter.U[I, del1ve113.64yer's cjggignated
OTHER SqcuREI;015:aniliort'a'ttAir cou'rio.)r..'.4:,k.F4.f4.10,
"W.. '.44.,,.
CARRIER 1
FINAL ASBAY'4(fInal aggi'iti~:jkorn the refinery shall be the proof final
of the GOLD.
HALLMAR ''''''IN.OftItt!'rf', Fi'iilineitr''d Quantit and Wei. ht
SECURITY LOCKED
OTHER
PACKIN.,.1.
AtAitik, Oktige Boxeetf Metal or

*.L';',..z...4..viA::,, .Q.-.'6,_%0,
NFATtlig
4.,,,
be made by BUYER to the Sellers nominated
e1
PAymti T
8:;• I
S1%.:.., PA0$14011
--i., i .1ank'-aiiiiourit
D u P on GOLj_D_suppli^/erIfication for Delivery
•.;:k.„'
1FOR REAV ii:;1254, 8, WORLD MARKETS
..c,.:L. ..ipi
7.
PROCERURE FOR'TOANSACTION:
7.1.Sellerag4er sign this Agreement.
la:WP
in the form of SKR
7.2.Seller prolvides Buyer with Proof of Product that they are selling,
or Assay or other Proof of Gold AU legal ownership.

7.3.Buyer prolvides Sellers with a PURCHASE ORDER equal to EACH PURCHASE,

7.4.Seller loin provide to Buyer:


1

1 Page 4 of 10
I

i
JUL-07-200d4D10E04vP0863GA-PGG Document 1-9 FIAliekt, 11/22/10 Page 6 of 11 P. 07

1
1
1

I 1
102 as sample. BUYER WILL PAY
7.4.1. 1 24K GOLD BAR 99.99% fine
el.
$1 60 FOR SAMPLE (optional).
MINING LLC.
7.42. Coiporate legal documentation CENTRAL
1,
I
by the
1l 7.5.Commerciai, Invoices with PURCHASE ORDER
will be signed as
BUYER to the Seller s nominated bank
accepted
Buyer and fullGOLD Payment shall be made by
account upon supply Verification for Delivery.
7.6.Seller will siert delivery on or before 30 days of PUR2HAST49,
A, Vu
!EF4:,. .t.,
eller....,uriiii3O4Ifayrnt
is
7.7.The GOL6
remains at all times the prope,
trtyhe, illO
.1,,., (41.4e;,
s.i.,
l'

received Buyer. 4941N Ve.'''''' ("•L'' '.,„'"'.i 31,, , , ,


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iln statid in this
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ass0 report,
.8.If the w.::,
ii.:174pr relected by
..i.,
the
agreemen then tall d,
price contractedisibe.,, screalirc
the buyer seller to be re-sold
pr .'10,,, bOheVlittzEllok.,
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Ja5CM M. Stephens
Asia vrionwo: miAn44;01. I l'PeliA:
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T; c 12), E5-2111i3 C.,; ''v.V., '1"P.it,, ''''e.,q,, '44..
Visit US OfilifR It
WYRYafArgiOfttlfiXAM
itaii.COM
BAN KaLlivEsir „„.14, i IN iltambor
0110 haus
Onaup'14).„. ., 1k.z., 4011:1:
6%..
I uct.

8. (Professional) fees Witt„be:paid byRuyek m), .i!,


...v.

9. 5% FINDERS pwwiji bpaidigi Broker Agrtk after each transaction.


AGENT: LadyeatalithwilletralpOt
k...,
Bank:40.04yeid0p) Ipredifi.14.6f.,, Beach, (*A, USA 92075
Bank Agiftess:95gIgias santtV:p DO, Solananumber: 322281507
Checkliit account: '0,A758409 '#.41A 1Vnting
Account*orne: Lady ciar#Ra Pieu*Toumei
Bank Caper:
Pamela Willi4440
Bank P11;10000 1 900 59p. 6'23'''`:
Bank Fax 06481259 9

the GOLD commodity can be


9.1.WARRATIES BY THE SELLER: Seller warrants that
shipped to anywhere in the USA.
under the Terms of this Agreement the
9.2.Seller agrees to sell and deliver to the Buyer
best efforts to the Buyer.
delivery ofi GOLD shipments as mutually agreed per
1, of
9.3.List of el ments not to be In content product:
1
1 Page 5 of 10
1
1
JUL-07--206$4ED1 tit0-103vP08630x-PGG Document 1-9 HilKeiill11/22/10 •Page 7 of 11 P, 08

have content free from the following dangerous elements-metals:


I 9.4.The GOLD
twil
RADIOAiCTIVE NONE
HG MERCURY— NONE
AS AlISENIC MAX. 100 PPM
CD C DMIUM MAX. 100 PPM
1
CYANI E— NONE
1t, 4:.
REFINII G PROCESS!:
I PB L D MAX. 3%
I SN TI MAX. 3%
i SE sgLENIum MAX. 600 PPM
TE =TELLURIUM MAX. 500 PPM
BI BISMUTH MAX. 100 PPM .::0;:g„ v„:, •iiso5:4,,, :::i•,,, I.-0,,
SB ANTIMONY MAX. 100 PPM ''*i% 1.4.•,,,. •"k -4'
4:•, 1,,
SOLIDIFIES REFINING: i:•:•,,,. -..4;,, •-•:.'f, -0.p.„ .4
-t.
FE IlifDN NONE,
NONE
:it::%:,
i, •ii.;.:, Ah.
NI NICKEL
CO.
CpBALT— NONE .:‘L
the greatest care
9.5.GOLD TO BE SOLD 10Astrfer*, "uei„ifir*erebyVrrantgapplies and mining of GOLD
and due diligence and,v..,I;lett,efforts';10Cprocess oN4k9duiringall laws and regulations
and is not part of ankliiioill, ilitlial or urittti**,,
that adtiopyAnd
have beenIfollowecOrid rilet,
9.6.COLLATERIA14i:•-.1. . GOLD BL.11MIS154j3.s .;d
1 Months which Is equal to
40 li
9.7.This agre*ent sii&W,4.:., 444iii for 06f1121
Calendar
contracO
..cltkpfillis,
...0., e,,,,, ilrOMAat
11) Weal ..i:::,
R,ilk..,,,
'i%Vi, i
Seller..
fax or email of the date of transport of
Pt;
7h.•,thwalyerevs
4
9.8.Theelle I will:A,notify
...i,,.. .s,
r':?'
ia

OLMIroriri SelltoWdepatiereppoint.
to Buyer the in the USA at the address supplied,
Seller
willqlhip the'Gplaldirectly
Seller's AU GOLD.
'IWter Buyer iargies th*,
9, 10.GOLD sligil be shipped and insured by the Buyer.
..1....w
10.GENERAL CON.DMONS:
I the AU GOLD
1.0.1.The and BUYER each declare unto one another that
SELLER of the funds used for purchasing the
commodity offered herein for sale, and the origin
AU GoLp commodity DO NOT contravene:
10.2.The Dru' Trafficking Offenses Act 1986,
ij
Page 6 of 10
1

I
JUL-07-2MO1N C10412vP13883Q-PGG Document 1-9 RR 11E18, 11/22/10 Page 8 of 11 P. 09

Act 1988, The Prevention of Terrorism (Temporary Provisions) Act


10.3.The Criminal
1989, I

Act 1990, The Criminal Justice


10A.The Cririnal Justice (International Co-operation)
Act 1993, Swiss criminal laws, and,
tile
105.The Moneif Laundering Regulations
1993, and The U.S.A. Patriot Act
of 2001-2006,
each party
And accordingly
law related to any illegal or criminal aCtivity.
or any
other
to this agreement indemnifies each
other against any such allepations which, may or
And, "AI&
may not bel made in the future.
I
k •:q. i.

'tg(t
each party declares that,i-;fle,,, spe011y designated
1
10.6.To the best of his knowledge
nation, terrorists groups or organizations
or terrerism,of
goyiefilTentitgiikproiii4te
specially designated narcoticsortraffickers,
terr0 t#ASrganizatilito1 .40,004.9fips
andAsia4teckegpet*Ons, or
pirates operating in the seas oceans 4....,,,, arourirOffica
....k ...0.,
control is now
targeted untries, as designated by
c ctkpf foraVits
the U.SiA. offido
or (kshareirtanypenefits of this
or will her after (1) be a party to this tf..ansadtten support
transactionj payments, And, none ottrie*,partitik will rrikeive anl‘litaancial
from the for this GOLD traf)sotioq:',i;N,,,. '-4',,, Ncts
petyment
11.NON-CIRCUWIENTION INC & ND] ASTER I.q,,C.MpLige::.b.,
I _41:002'4r4, L00.' parties In any manner,
..le:10ilmvent any, of the
1,

Each of the parties hereto ategfes ribi4 the selling and


whether directly, or indirektly*.t4th reterien* thi3,??Jransaction,of introducing
to or
parties
the priaribrty rightsto this contract, and
purchasing of the stategtpdt:.Q.COMMODIW.
..he parties the
for this transaCtion to*possibleAhal0e honOredt, the BUYER.
shall be paid by
agreed professionatfkto interrnifliiatilas and*cilitators
I.:•:'4.L.:,,, 1..,.
1 2.CONFIDENTIAVOTy
''''''SA,
AGRERNT:
'4; IN.:;:,. '4,
I
'''''R._IVIA
44

I ''C''.,,,:kkk, by the other party on a strictly


1.2.1.SeitepAni silierAt3.:0,14(eibtro information providedshall take all necessary steps to
Buyer
pit/4$' ari4'kvAleritiatOa§idn'eller and from being misused or disclosed or made
Af:.xpreve% the ethiReb.pnfiiidkliiiiformation
ais needed to successfully complete the contract or to
publio to, any thirtt'pant excer as may be required in accordance
r.:, with the
1.4. avoid can:Opting cla,jrnsl#nd except
pplicable law),
4.,
it
use the confidential information provided by The
12.2.11*Buyer mad tneoeller shall not
by Seller to the Buyer in
facilitatersi iiitrmediaries, and the iriformation provided
such a
Wariogpa:
1 or the Seller in the commercial
12.2.1, pircumvent the facilitators intermediaries
with and all GOLD suppliers under this contract;
any
flealings to cause the facilitators intermediaries to
lose any
12.2.2 Knowingly do anything with

It
ees that are due or may become due under this contract agreement
the suppliers under this contract,

Page 7 of 10
FkielliP.1 1/22/10 Page P. 10
_11.1-79212..P4d4tEPI 01D4dvP688304-PGG
1
Document 1-9 9 of 11

12.2.3.
intermediaries in such way as to put them at a
the facilitators
Ircumvent
d sadvantage to receive their consulting
centract,
fees due to them under this

1 and the Buyer shall remain in


1
12.2.4. The obligation of confidentiality of the Seiler
date of this contract,
for a period of five (5) years from the
fre
provisions will entail payment of financial loss or
12.2.5. Any breach of these
damages.
and
right to transfer thi*Gentredkwith rightsmust
all
12.2.6. uyer and Seller retain the
ligations to a Third party that is Legal tottfyi„,
andta.aid party to
;cpurlter
1 a

sign this agreement and show;.,,,,plititer Ptikt t*roikka


S15.17C
purchase GOLD before transfer.,0;::::,
e!.;, IN 14 0It, Alp,
1,
I4.!...:.:' tOlug -1,
vall&s,,
12.2.7. The recognize this contract agreenlent
Partles
13. BANK
COMMUrICATION:
unautho(zed communicatiea#1kfitheliVaiiik bkrik4lbank
officer will give the
Any Seller and the Buyer are not
affected party the right to voidAiiitedappett*tontradtilhe ban0;or bank officers without the
authorized to, call or cooad4Ahe oitler, :j5kty's
authorization firom the clilleektylkt''';'::ki,, ....lig.k..
14.COUNTERPAR1IS:
counterparts with a signature
DIGITAL
This contract, ray b*.eieekete4ph onittprvfe
df which shall constitute one original and the
and a separat0oepy dgeindOit originifi;*II and time, and it
party, in different places
same
c9etfqe '+'6Iiiii.0400044Eitik,pigned bi'.'each
under the Laws in the State of Ca,
is a bingii'd'a ettehieraittiejloga0document
4
'''4":ia:M.?;... tVi•
t:',
'k.R4 '";;i::.6 UP TO 2 MORE ADDITIONAL. CONTRACTS
AS PART
WHIN FOR GOLD: BUYEILMAY MUST AWHASE A FORMAL
REQUEST ADDITIONAL CONTRACTS WITH
ornas AcipEEMENtAplOtAR AGREEMENT OR THIS OPTION WILL EXPIRE.
014QUEST WItHIN 5 DAYS):9F 11415
24OLD B1R`.8199, 4*HALLMARK $1, 100 PER oz.
NOT1C,ES:, all notices required given by one party to the other party
to be
15.
shall be Arig: ;.and
giveii3Ot
v
ai.A.1.,
Le English language and in writing via email followed by a phone call,
1
1

SEI.LER'S BANKIING COORDINATES:


WILL BE TO BUYER AT TIME OF PAYMENT.

PR1VIDEB LLC,
ACCOUNT

1
CENTRAL
MINING Page 9 of in

I
JUL-07-2011sED:1D-t3/-013820-PGG Document 1-9 1:Vect1CI 1/22/10 Page 10 of 11 P. 11
i
I
i
I.
1 SEUERS BANKER; I
i

Jason M. Stephens 11
1

1 Asst VP I Bk,anch Martriger 1 Harlan

I 1
T: (712) 755-210 C: 4191165 F: ()12)755-75901 Jason,stephensebankof-thewe
(412
I HariariL IA 5157 Visit us one Rt. pww,, honiggIttityie5t,
goixi,,,
7'12 Durant St.

RANKffEWEST:, 21 A.P)
14mcabei MP Paribas WO

*Seiler and B yer may change banking coording0 Wofyingno40:04p Ilytp#jer


party 7 days le fore such change is legal. :ii'1%).,, 4."4, 1:1!;!‘:
23. ENTIRE AGRIEMENT: .4,,,,
..:0.4 ...4. . . .I. .i.
This agreemeirtcontains the .0....
bet*een tiiiiiartiei
entire „ItAlre'akOi*.4.6 fel,
p
y.,
ih
t.
No changes,
writing agreed to
alterations or substitutions shall bedfoftnitteo:Vrettl,„tn*...sameitkin
and signed byiboth parties by hand vtiVax by tpe)144.06**401s cortract.orIfinanyconflict
provision
with
of this agreemlent shall be nego109, iiii00„.14itSal*durfentrceable
of the remaining provisions
any law of jurisdiction, the valpty, Oenforceti011ity banking,
tedogtint shipping address,
shall not in any way be afffcteti,pr
phone numbelrs, fax Njnbkeafid....,,
and/or
purch7e
of tt3CGOLD.4§44, qimOttcereby.pfial
:.ipmair'cldt*e011 be provided upon verification
23. BINDING AUT ORItr4 t,

representatives, and
This agreem "el7:,t,06?'indittglill, the partiak hereto, their personal
by both parties,
succes,AW diigillkeile;44rcelied
24. DIGITALSIGNATURES, coNtRedED LEGAL: -.0.,
ItIL.V
te-ekN Cir::. w Li I- F, 40 mire wit.LiNt46, COO
io,
''.4,; .*A, j:6:;P:::
SELLERS:
I Randy Wulf, President, owner
2820 Rd. 1. Guide Rock NE 68942
rapAy_magfRrAmiam 402-257-7052
Mike Williams, COO, Owner
5281 Belford Est. Rd. Pollock Pines Ca. 95726
1 530-306-8203
milte@hanetownfilms.com
1
I BUYERS:

Page 9 of 10
JUL-07-2111disliED:3?3-b1/-1O886104PGG Document 1-9 Mreil011/22/10 Page 11 of 11 p.. 12

i MR VLADIMIR Z. GUGGENHEIM
I

NEW YORK, NEW YORK


I..

SIGPIATURE:, e,

I I
.:::i-.,

YIG itil 1 .k..,

.:.1„,. z.f. „. . . .,
DATE:, A, ..i?i:„.•••••;
-.:.1.?...„.„. 4.., '.1.ii i..: ..•..R*.... . .1, v
1
JULY10, 2010 4.;. .?. . .
-4,
'.:i:., I, ' . 4,ts, .,,
i...ii,,.,
24k
SIGNED AND SEALED DAY Or JULY 10,, Pi4fICHASE..CERTIFtGATE4Rit).4p•:, •••.1.::...:•••;5:'
2010 (7/tITHIS GOMBARS1)9.99%,
4',
. . .4, ;:ii.,
.:T'....4:,.,. ''''4^,
/$1 01201500,
'PINE
"e.::, .4
0000,i.g...,...j.,
...4,
.N. . 1:0., Value

...v.?.:..., 0,., F.;. N.... .q.,,


BY THE BUYER AND SELLER. ...4:::„•:.
'4.10,
44. 44. 4''''';:'.4.":::•.%,
..../Pi'di
I....5,A,1::$"' -4•!...c.,;. .i.: , , -;•:::;;:i.:,,t,IP in:,
sWift code
numbe.,,..;14,..421309644.,07, 0.'...9ting nueriiiier
Is 073912494
Central Mining
LI..? acc
bwatits#.6%?„.
I eiai'e"'
....0..i"-
i -fi..... ' ' '04, 'tqb, '%. %4.:44•••••11:0' '
1
I
..e.a,
I,,,,:k
4.:::,.
‘..4., 2:;,,,,
/.i....,.,,fr.!:t.T.:::,
'1•,,, g,
fe., ."4p,..ij.:•.ilgv
i, .:np.,,,TANy
:r.:,, ;z::, .11ig..... 4v•-, .4:3+•
'VIA:it"...
.;:e.w4.;..1::.....
.0..., 0....1..,
"::;1:,
":'4.fk,
'4.3. . '1.:•.?. .
'":ii11:-.
..;:i...:. :i.til!:•;,
.dc..c.A..W
.e.h. .43::::A, !;1:11:,, 4,''6,
..4.
411:iiv.:41::.'. .:;.:44... 'tii...
...A.A.;!.., q;,:rc.....
6.,..0..b.
' .•;kyn.,
;...:1,.
‘....:I:N
'':4,':.i*...
•4::::, .i. liNi., `•;•V;?, ' .1:::•.,irk„.
.0-.A4. '-'.:'. 1.:1, , ,
•Kiigi. 4:;:::::,.
:::•0.:, i• liy.::::.
...0.§. '1:::'R.,
:f. .??., ,
1 ‘5., '.'i'V)
2.4:,.
•e-A,?q,,,,,,,. .ji i5, :v.•

i i..

."Vit,
1,
1
1
i

Page -10 of 10

1..
1
Case 1:10-cv-08830-PGG Document 1-10 Filed 11/22/10 Page 1 of 2

From•
<mailto:
Date: September 16, 2010 2:20:! $D%

%o:<mailto:~q&'&&en(eim.or&><mailto:&'&&en(eim.or&><mailto:~al&'&&en(eim.or&>@&'&&en(eim.or&
S'b)ect:*n'+'al, aller+

#r.,,

"ero'rdi+c'++ion:-et.een/'&'+t10
call+ 4roman
and September 10 %(e, oca1, ola, ompanyrecei2edin e3ce++ o4
indi2id'alclaimin& to
20

repre+entt(e5'&&en(eim4amily.%(ecaller
.a+ 6ady, atarina%o'mei.S(ere+ide+ in Ranc(oSanta Fe,,

/.7n,or 2 o'r+ec'rityteam +poke.it( 8ladimirand


abo't, September
Da2id5'&&en(eimre&ardin&
t(ecall+ and t(eirintent.
8ladimirand Da2idindicated t(ey(a2e+'b+tantial+'m+ o4 money to in2e+tand
.antto partner .it( %(e, oca1, ola,
ompany.%(eyrepeatedly
ola, re9'e+teda dinner meetin& .it( Sr. 6eader+(ipo4 %(e, oca1,

ompany.7nt(i+ date, t(e5'&&en(eim+ and %o'mei.ereall in4ormedt(atno


4'rt(ercomm'nication.o'ldtake place 'nle++
t(ey+'bmittedt(eirpropo+al:ideain
.ritin& 2iaemail.

%o'meiinitiated a 4e. ot(ercall+ to member+ o4 o'r-oardo4 Director+


b't+inceSept
10t(, .e(a2e(adno
4'rt(ercall+.;
do kno. t(att(e+eindi2id'al+ are no. contactin& "ep+io44erin&

t(e+ame"opport'nity".;ti+
+ome+orto4
my +tron& belie4 t(att(e+eindi2id'al+ attemptin& to en&a&ein
are

4ra'd'lentbe(a2ior.(ile'tili<in& t(e5'&&en(eimname a+ bona4ide+

%(en'mber+ and t(ein4ormationt(eypro2idedare li+tedbelo., my re+earc( in


parent(e+i+,

=!10>1200018ladimir5'&&en(eim?+ o44icein @e. AorkBact'allya cell p(oneC

=121D==100==18ladimir5'&&en(eim?+ o44icein, (ica&oBact'allya cell p(oneC

D0D100110061, atarina%o'mei?+ cell p(onein, ali4orniaBcellp(onein


ali4orniaC

!1D1=01!=1=1744ice4ort(e5'&&en(eim?+ in @e. AorkBlandline in @e. AorkC

B202C16=122!1@'mberpro2idedby 5'&&en(eim?+ to contact t(emin D,, Blandline


in D, C

/nyin4ormationor kno.led&eo4 t(e+eindi2id'al+ i+ &reatlyappreciated.


Case 1:10-cv-08830-PGG Document 1-10 Filed 11/22/10 Page 2 of 2

The Coca-Cola Company


Strategic Security
office-
mobile-

EEEE

CONFIDENTIALITY NOTICE
This message (including any attachments) contains information
that may be confidential. Unless you are the intended recipient (or authorized
to receive for the intended recipient), you may not read, print, retain, use,
copy, distribute or disclose to anyone the message or any information contained
in the message. If you have received the message in error, please advise the
sender by reply e-mail, and destroy all copies of the original message (including
any attachments).

This message and any attachment are confidential and may be privileged or
otherwise protected from disclosure. If you are not the intended recipient,
please telephone or email the sender and delete this message and any attachment
from your system. If you are not the intended recipient you must not copy this
message or attachment or disclose the contents to any other person.
Case 1:10-cv-08830-PGG Document 1-11 Filed 11/22/10 Page 1 of 2

From: Lady Catarina <ladycatarinapietra@gmail. corn>


Date: Tue, Sep 28, 2010 at 1:39 PM
Subject: BG updates
To: chad@gereninc.com

Chad,

As discussed, I can put you on the phone with Mr. Guggenheim when you call me (as I work
with him full-time, daily). He will be brief as he normally does not take these calls prior to
POF I am be the filter. He will state that he has the BGs and needs the tearsheet
meant to or

bank statement emailed.

Once, Messrs. Guggenheim receive POF, the will call directly the buyer and privately and
confidentially discuss all matters; and one or both of them will be on the phone daily with the
buyer, until all is complete. (But, prior to POF, the conversation will be short. As discussed,
Jodie Getter and Theodor Pardo were my filters, the intermediaries to get to me, in order to make
sure that the buyer was real and was willing to provide POF upfront, so as not to waste my time
or the buyer's time.)

I look forward to closing a deal quickly with you. Messrs. Guggenheim will respond
immediately. We are working this week until after 12 midnight EST; in other words, you may

call or send POF after "normal" working hours.

Thank you,
Catarina

Lady Catarina Pietra Toumei


Investment Relations Manager
Rancho Santa Fe, California USA

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill
Case 1:10-cv-08830-PGG Document 1-11 Filed 11/22/10 Page 2 of 2

GUGGENHEIM FUND
New York, New York U.S.A

September 28, 2010

Mr. Chad Geren, CEO

Standard Holdings, Inc.

Dcar Mr. Germ

Mr. David B. Guggenheim and Mr. Vladimir Z. Guggenheim, whom I am legally representing, currently
arcready, willing, and able to issue Bank Guarantees ffom Deutshe Bank, Credit Suisse, HSBC London,
and Barclays London. The Bank Guarantees arc available in thc denominations of SIB Euros or Dollars,
S2B Euros or Dollars, S3B Euros or Dollars, S4B Euros or Dollars, and higher. All Bank Guarantees have
a maturity datc of i ycar plus 1 day. All Bank Guarantees arc loci% cash-backed Thc BGs arc offered at

substantial discounts. All BG's can he purchased in Euros or Dollars.

Messrs. Guggenheim will customize thc procedures to your needs and discuss highcr amounts, and
pricing confidentially and privately over thc phone. Mr. David B. Guggenheim is a bank officer and a
bank owner, and is a major shareholder of several of thc top 10 banks hiternationally. Messrs.
Guggenheim, of thc Guggenheim Museums, Guggenheim Foundation, and thc privately-held Guggenheim
Fund, work full-time iii thc banking, financial and oil industries.

The first procedure needed in working with Messrs. Guggenheim is for the potential buyer to send POF, a

tearshect or bank statement, to thc Guggenheims. Proof of Funds/Capacity is the first step.

After receivingproof of funds, Mr. David B. Guggenheim will phone thc buyer directly and discuss all
pricing and procedures details privately and confidentially.

Please address thc Proof of Funds to thc attention of, "Mr. David B. Guggenheim, Chairman of
Guggenheim Fund, and Mr. Vladimir Z. Guggenheim, President of Guggenheim Fund, re: thc purchase of
bankguarantees."

We look forward to mutually productive transactions


Most Sincerely,

Lady Catarina Toumci


Investment Relations Manager, Guggenheim Fund

Catarina@GuggenheimAdvisors.org

525 Ocean Parkway, Suite 1 G-H, Brooklyn, New York 11218


Case 1:10-cv-08830-PGG Document 1-12 Filed 11/22/10 Page 1 of 1

From: <Catarina@guggenheimadvisors.org>
Date: Tue, Sep 28, 2010 at 3:46 PM
Subject: Guggenheim conversation
To: Chad Gener <Chad@gereninc.com>

Chad,
I pleased that you had the (rare) opportunity to speak with Mr. Vladimir
am

Guggenheim today.
As he stated, you may call him directly with any more questions, and you may email him
the POF directly.
His private phone: (347) 459- 2000. His private email: vz@vzltd.com.

Of course, you may use my phone number, and this email address to send the POF, as
well.

Best Regards,
Catarina Toumei
Investment Relations Manager
858 504 1556
Case 1:10-cv-08830-PGG Document 1-13 Filed 11/22/10 Page 1 of 8

From: Lady Catarina [mailto:ladycatarinapietra@gmail.com]


Sent: Sunday, October 10, 2010 9:18 PM
To: dcummings@iventurelab.com
Cc: RKG Energy Group
Subject: Re: AU Procedures/Offer

Gentlemen:
Thank you. However, the procedures that the Guggenheims purchase Gold Au or Platinum with
is to receive copies of the SKRs and hallmark certificates emailed to them first. Then, as bank
officers and owners, they will verify. Upon verification, they will call the seller directly and
work out any contract details and arrange payment. They are ready, willing, and able to
purchase this amount today but need to see POP first.
Thank you,
Catarina

On Sun, Oct 10, 2010 at 2:16 PM, David E. Cummings <dcummings@iventurelab.com> wrote:

Bob: This is a Buyer-centric AU Offer and I believe the Guggenheim Trust may have
interest in this offer. I bring the CEO of the company onto a cfc-call if they
can

have a solid/concerted interest they have 'past performance' and the procedures
and protocol are straight forward.

FCO Sub-set Overview

Commodity: Gold Bars Hallmarked format, not in GLD system

Country: FOB Within the Republic of South Korea

Fineness: 99.5% or better (400 Troy Ounce/12.5 Kilogram bars)

Transaction Amount: As per mutual agreement amounts (Buyers


ability)
Price: Second Fixing Rate (PM) issued by the London Bullion Market
Association (LBMA) on the Day-of-the-Transaction.

Discount: Net 30%

Commission: Buyer's Determinate

Transaction Bank: Buyers Brinks Account Shinhan Bank in Republic


of South Korea
Case 1:10-cv-08830-PGG Document 1-13 Filed 11/22/10 Page 2 of 8

Test Transaction 50Kg or more to start

Quantity: 2.5MT or more with rolls to be supplied upon performance


to agreeable amount

Purchase Method: FOB [Ledger to Ledger]

Sellers Guarantee: Physical inspection and completed ownership


export documentation prior to release from account.

Procedures

Funds to be demonstrated via Buyers own bank account at Shinhan


Bank opened at any international branch. The account minimum balance
has to match in equivalent cash to market value of the agreed initial
tranche to be purchased. Funds must be confirmed by Seller's Korean
banker.

Physical full inspection of gold bars based on delivery to Brinks


International at Inchon International Airport Seoul (Korea) of full
ownership documentation and export documents prior to release
transfer of funds to Seller's account in Korea.

Delivery: FOB Seoul, Korea Inchon International Airport


/Export/tax (all documents Included in selling price). Seller will offer
full insurance against loss via Lloyds of London at the Buyers cost if
needed for full market value minus discount.

The Sellers are providing full access to the only Korean Governmental
certified accredited assay company if needed. Final certified assay
inspection reports are subject to Buyer's approval prior to release of
any funds.

Your thoughts!

:1
CAPITAL CROUP'

David E. Cummings
General Partner
Case 1:10-cv-08830-PGG Document 1-13 Filed 11/22/10 Page 3 of 8

Dolphin Capital 6roup LLC


2 6ateway Center 13'h Floor
Pittsburgh PA 15222
412.638.0007 c
412.261.1702 f
dcumminqs@iventurelab.com

From: RKG Energy Group [mailto:rkgenergyC@gmail.com]


Sent: Sunday, October 10, 2010 4:37 PM
To: Lady Catarina
Cc: David E. Cummings
Subject: Re: petro

Catarina, I will call you and patch you in with David C at 4:30, as we said, and
afterward our brief chat, we would look to you to bring in David G. David C. will tell
him about the diamond buyer and would also discuss with him the AU he has
available for sale. It would also afford them an opportunity to touch on the Bank
Guarantee prospect that David might be able to identify a prospective client. We look
forward to the call.

On Sat, Oct 9, 2010 at 3:59 PM, Lady Catarina <ladycatarinapietra(aDgmail.com> wrote:

Bob,

Please pass on my message to David:

Mr. Guggenheim informed me today that Messrs. Guggenheim are ready, willing, and
able to issue Bank Guarantees from Royal Bank of Scotland, HSBC, Barclays, Deutshe
Bank and Credit Suisse, that are i00% Gold-backed, and available in the
denominations of $30o million, $50o million, and $i billion. All Bank Guarantees have
a maturity date of i year plus i day. The BGs are offered at substantial discounts. All
Bank Guarantees can be issued in Euros or pollars. Additionally, we are currently
offering i00% cash-backed Bank Guarantees in the denominations of $i Billion,
$5Billion, $25 Billion, and higher amounts. Mr. Guggenheim will customize the Bank
Guarantee procedures to your buyer's needs and discuss higher amounts, and pricing
confidentially and privately over the phone.

Additionally, Messrs. Guggenheim are currently offering loans of $iBillion and larger
amounts, for those who own Gold AU that they can utilize as collateral.

I look forward to your response,


Case 1:10-cv-08830-PGG Document 1-13 Filed 11/22/10 Page 4 of 8

Catarina

On Fri, Oct 8, 2010 at 5:30 PM, Lady Catarina <ladycatarinapietra(aDgmail.com> wrote:

Bob,

It was a pleasure to meet you as well. We did not even get to discussing your volunteer work
which I would love to hear more about. I noticed in your attached bio that there are several
photos of you with the Bushes. If you have a current relationship with them, please let them
know that the Guggenheim Fund and Guggenheim Bank are at their disposal. Messrs.
Guggenheim respect their family very much and would be very interested in discussing any kind
of financial, new technology, humanitarian or political projects, in which the Guggenheims can
do the funding. I can at any time 24/7 (except for the Sabbath) get Mr. David B.
Guggenheim on the phone to speak with either President Bush, or pass on a HLS secure phone
line for them to call.

I will send additional emails about our other conversations.

Best Regards,

Catarina

On Fri, Oct 8, 2010 at 3:52 PM, RKG Energy Group <rkgenergy@gmail.com> wrote:

Catarina, what a pleasure speaking and how enthused I am about the prospects for our
long term collaboration. Attached is the SOMO secondary contract we discussed. I
will forward the background on David's AU shortly. I will be doing some family
things until early afternoon tomorrow but if schedules permit, you, David and I can
speak some time afterwards.

Bob

On Fri, Oct 8, 2010 at 4:39 AM, RKG Energy Group <rkgenergy@gmail.com> wrote:

Thanks Catrina. I'll look forward to it. The attached is for your information.

Bob
Case 1:10-cv-08830-PGG Document 1-13 Filed 11/22/10 Page 5 of 8

(571) 282-4409
On Thu, Oct 7, 2010 at 5:33 PM, Lady Catarina <ladycatarinapietra(aDgmail.com> wrote:

Bob,

I will call you tomorrow so we can touch base about our common interests.

Thank you for your contact.

Best Regards,

Catarina

858 504 1556

On Tue, Oct 5, 2010 at 4:31 AM, RKG Energy Group <rkgenergy@gmail.com> wrote:

Catrina, I have clients for both buy and sell.

On Mon, Oct 4, 2010 at 8:23 PM, Lady Catarina <ladycatarinapietra(aDgmail.com> wrote:

Robert,

I am answering your facebook message.

Are you a buyer or seller of petro?

Best wishes,

Catarina

BB

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
Case 1:10-cv-08830-PGG Document 1-13 Filed 11/22/10 Page 6 of 8

formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

Robert Goodwin-CEO
David Giovani-VP & Compliance
RKG Energy Group
83001VTerrifield Ave, Suite 2

rkgenergy@gmail.com

BB

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

BB

Robert Goodwin-CEO
David Giovani-VP & Compliance
RKG Energy Group
8300 Merrifield Ave, Suite 2
Fairfax, Virginia 22031
rkgenergy@gmail.com

BB

Robert Goodwin-CEO
Case 1:10-cv-08830-PGG Document 1-13 Filed 11/22/10 Page 7 of 8

David Giovani-VP & Compliance


RKG Energy Group
8300 Merrifield Ave, Suite 2
Fairfax, Virginia 22031
rkgenergy@gmail.com

BB

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

BB

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

BB

Robert Goodwin-CEO
David Giovani-VP & Compliance
RKG Energy Group
Case 1:10-cv-08830-PGG Document 1-13 Filed 11/22/10 Page 8 of 8

8300 Merrifield Ave, Suite 2


Fairfax, Virginia 22031
rkgenergy@gmail.com

BB

Lady Catarina Pietra Toumei


Investment Relations Manager
Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

This message and any attachment are confidential and may be privileged
or otherwise protected from disclosure. If you are not the intended
recipient, please telephone or email the sender and delete this message
and any attachment from your system. If you are not the intended
recipient you must not copy this message or attachment or disclose the
contents to any other person.
GUGGENHEIM FUND
New York, New York USA

October 12, 2010

Mr. Chris Brown

Dear Mr. Brown:

It was a pleasure to speak with you regarding the purchase of rough diamonds from the private
collection of the Guggenheim family.
Mr. Vladimir Guggenheim and Mr. David B.
Guggenheim are ready, willing and able to supply
you with up to 100, 000 carats worth of rough diamonds according to your needs, 5 carats+, 10
carats+ or 20 carats+. These are the highest quality stones. The color of these stones ranges
from D, E, and F, slightly blue, pink, and champagne. The clarity ranges from VS1, VVS1 and
VVS2. The Guggenheim private diamond collection has the majority of stones from Mima Mine,
Udachny Mine, and Anabar Mine. All rough diamonds are at least 5+ carats.
Messrs. Guggenheim can supply these rough diamonds for one month, three months, or more.
Their stones are located in New York City (outside of the diamond district), with the exact
location being revealed, as well as other transparency about their collections, after Proof of
Funds.

Mr. Guggenheim asks that you address the Proof of Funds to the attention of: Mr. David B.
Guggenheim and Mr. Vladimir Guggenheim, re: the purchase of rough diamonds. You may
provide a tear sheet or a bank statement for Messrs. Guggenheim to verify funds.

Upon receipt of proof of funds, Mr. Guggenheim will call you directly at the number you provide
with the POF, to discuss details and customize the manifest/purchase according to your
requirements and arrange for the TTM with your gemologists.
We look forward to doing business together.

Lady Catarina Toumei

Investment Relations Manager

001 858 504 1556


Case 1:10-cv-08830-PGG Document 1-15 Filed 11/22/10 Page 1 of 1

GUGGENHEIM FUND
New York, New York USA

October 12, 2010

Eli Pichel, LL.M

Dear Eli:

It was pleasure to speak with you regarding the purchase of rough diamonds from the private
a

collection of the Guggenheim family.

Mr. Vladimir Guggenheim and Mr. David B. Guggenheim are ready, willing and able to supply
your buyer with more than $1 billion worth of rough diamonds according to your needs, 5
carats+, 10 carats+ or 20 carats+. These are the highest quality stones. The color of these
stones ranges from D, E, and F, slightly blue, pink, and champagne. The clarity ranges from

VS1, VVS1 and VVS2. The Guggenheim private diamond collection has the majority of stones
from Mima Mine, Udachny Mine, and Anabar Mine. All rough diamonds are at least 5 + carats.

Their stones are located in New York City, with the exact location being revealed, as well as

other transparency about their collections, after Proof of Funds.

Mr. Guggenheim asks that you provide a tear sheet or bank statement, addressed to the
attention of: Mr. David B. Guggenheim and Mr. Vladimir Guggenheim, re: the purchase of
rough diamonds. I will provide their secure email address when you are ready to send the
tearsheet or bank statement.

Upon receipt of proof of funds, Mr. Guggenheim will call your buyer directly at the number
provided with the POF, to discuss details, customize the manifest/purchase according to your
buyer's exact requirements, and arrange for the TTM with gemologists.
We look forward to doing business together.

Legal Representative for Mr. Vladimir Z. Guggenheim


Case 1:10-cv-08830-PGG Document 1-16 Filed 11/22/10 Page 1 of 8

From: David E. Cummings [mailto:dcummings@iventurelab.com]


Sent: Tuesday, October 12, 2010 1:59 PM
To: 'Lady Catarina'
Cc: 'RobertPOLF@aol.com'
Subject: RE: Check out Guggenheim family Wikipedia, the free encyclopedia

This will not work we need business coordinates populated on Guggenheim Fund
Letterhead this is an Internet doctrine one more try else, we walk I
For GOD's sake this is a potential $1B deal/transaction and you are sending me grade
school material from a Solomon Guggenheim descendant and family member: Wear my
shoes!

C.AF
(-7::
I 'FAL
I

cROUP
N

David E. Cummings
General Partner
Dolphin Capital Group LLC
2 Gateway Center 18th Floor
Pittsburgh PA 15222
412.638.0007 c
412.261.1702 f
dcummings@iventurelab.com

From: Lady Catarina [mailto:ladycatarinapietra@gmail.com]


Sent: Tuesday, October 12, 2010 1:11 PM
To: dcummings@iventurelab.com
Cc: RobertPOLF@aol.com
Subject: Re: Check out Guggenheim family Wikipedia, the free encyclopedia

David,
See attached for you to forward.
Catarina

On Tue, Oct 12, 2010 at 9:20 AM, David E. Cummings <dcummings@iventurelab.com> wrote:

This will not work we need a Formal Offer from The Guggenheim Fund on their

Letterhead as we discussed and I eluded to in my e-mails' with proper business


coordinates and signed by Vladimir or David Guggenheim.
Case 1:10-cv-08830-PGG Document 1-16 Filed 11/22/10 Page 2 of 8

CAPiTAL cg OUP

David E. Cummings
General Partner
Dolphin Capital Group LLC
2 Gateway Center 18th Floor
Pittsburgh PA 15222
412.638.0007 c
412.261.1702 f
dcummings@iventurelab.com

From: Lady Catarina [mailto:ladycatarinapietraCagmail.com]


Sent: Tuesday, October 12, 2010 12:13 PM
To: dcummings@iventurelab.com

Subject: Re: Check out Guggenheim family Wikipedia, the free encyclopedia

David,

Please see attached to forward to Mr. Brown.

Thank you,

Catarina

On Tue, Oct 12, 2010 at 6:01 AM, David E. Cummings <dcummings@iventurelab.com> wrote:

O.K.

CAPITAL cR OUP

David E. Cummings
General Partner
Dolphin Capital Group LLC
2 Gateway Center 1 3Th Floor
Case 1:10-cv-08830-PGG Document 1-16 Filed 11/22/10 Page 3 of 8

Pittsburgh PA 15222
412.638.0007 c
412.261.1702 f
dcummings@iventurelab.com

From: Lady Catarina [mailto:ladycatarinapietraCagmail.com]


Sent: Tuesday, October 12, 2010 12:45 AM

To: dcummings@iventurelab.com
Cc: RobertPOLF@aol.com
Subject: Re: Check out Guggenheim family Wikipedia, the free encyclopedia

Gentlemen,

Let us please push the meeting up to 10.30am EST if possible. 9.30 will be too tight.

I will await your call at 10:30am EST/ 7.30am PST.

Thank you,

Catarina

On Mon, Oct 11, 2010 at 2:43 PM, David E. Cummings <dcummings@iventurelab.com> wrote:

That works 9:30a EST

:!N
c..A1tI. c 0.

David E. Cummings
General Partner
Dolphin Capital Group LLC
2 Gateway Center 18th Floor
Pittsburgh PA 15222
412.638.0007 c
412.261.1702 f
dcummings@iventurelab.com

From: Lady Catarina [mailto:ladycatarinapietraCagmail.com]


Sent: Monday, October 11, 2010 5:39 PM
Case 1:10-cv-08830-PGG Document 1-16 Filed 11/22/10 Page 4 of 8

To: dcummings@iventurelab.com
Cc: RobertPOLF@aol.com
Subject: Re: Check out Guggenheim family Wikipedia, the free encyclopedia

9.30am to 11.15am tomorrow.

On Mon, Oct 11, 2010 at 1:54 PM, David E. Cummings <dcummings@iventurelab.com> wrote:

10p-EST that is a little too late, when is he available tomorrow during business
hours?

''..HNJ. I

c..AF1tl GROUP

David E. Cummings
General Partner
Dolphin Capital Group LLC
2 Gateway Center 18th Floor
Pittsburgh PA 15222
412.638.0007 c
412.261.1702 f
dcummings@iventurelab.com

From: Lady Catarina [mailto:ladycatarinapietraCagmail.com]


Sent: Monday, October 11, 2010 4:27 PM
To: dcummings@iventurelab.com
Cc: RobertPOLF@aol.com

Subject: Re: Check out Guggenheim family Wikipedia, the free encyclopedia

Gentlemen:

I spoke with Mr. Vladimir Guggenheim. He will available for the call at lOpm EST.

Thank you,

Catarina
Case 1:10-cv-08830-PGG Document 1-16 Filed 11/22/10 Page 5 of 8

On Mon, Oct 11, 2010 at 1:05 PM, David E. Cummings <dcummings@iventurelab.com> wrote:

Catarina: Please understand in this world of commodities', there is a KYC process and
a vetting between a Buyer and Seller and we need to engineer/facilitate at least one

call with the Buyer/Seller before any POF or Tear Sheet or Balance Sheet are
offered. There is no Formal Offer in place only an e-mail from you and the Buyer
requires some reference that there is real product and an entity at the other end of
this offer -as- 95% of all diamond deals are fake and never close. Please understand
when you are inside of a $1B transaction/deal there is due diligence which needs
to be performed-accomplished.

c..AFItAl coiji

David E. Cummings
General Partner
Dolphin Capital Group LLC
2 Gateway Center 18th Floor
Pittsburgh PA 15222
412.638.0007 c
412.261.1702 f
dcummings@iventurelab.com

From: Lady Catarina [mailto:ladycatarinapietra@gmail.com]


Sent: Monday, October 11, 2010 3:54 PM
To: RobertPOLF@aol.com
Subject: Re: Check out Guggenheim family Wikipedia, the free encyclopedia

Bob,

Vladimir is not available at 7pm EST, but will be later in the evening. Let me get an exact time.
What dollar amount are they interested in? $100M?

This will probably be a brief call, as there is not anything else to say beyond what I have said
until the potential buyer sends a tearsheet or bank statement to the Guggenheims.

Catarina
Case 1:10-cv-08830-PGG Document 1-16 Filed 11/22/10 Page 6 of 8

On Mon, Oct 11, 2010 at 11:14 AM, <RobertPOLF@aol.com> wrote:

Also, David Cummings would like to bring the diamond buyer to a call with Vladimir at
7:00 tonight (EST). This will be about a"starter" order of perhaps 25, 000 crts, as a
precursor to a subsequent and larger order. Can you arrange?

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

Lady Catarina Pietra Toumei


Case 1:10-cv-08830-PGG Document 1-16 Filed 11/22/10 Page 7 of 8

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.
Case 1:10-cv-08830-PGG Document 1-16 Filed 11/22/10 Page 8 of 8

"We make a living by what we get, we make a life by what we give." Winston Churchill

Lady Catarina Pietra Toumei


Investment Relations Manager
Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

This message and any attachment are confidential and may be privileged
or otherwise protected from disclosure. If you are not the intended
recipient, please telephone or email the sender and delete this message
and any attachment from your system. If you are not the intended
recipient you must not copy this message or attachment or disclose the
contents to any other person.
GUGGENHEIM FUND
New York, New York USA

October 12, 2010

Mr. Chris Brown

Dear Mr. Brown:

It was pleasure to speak with you today regarding the purchase of rough diamonds from our
a

family's private collection.


I amready, willing and able to supply you with more than 100, 000 carats worth of rough
diamonds according to your needs, 5 carats+, 10 carats+ or 20 carats+. These are the highest
quality stones. The color of these stones ranges from D, E, and F, slightly blue, pink, and
champagne. The clarity ranges from VS1, VVS1 and VVS2. The Guggenheim private diamond
collection has the majority of stones from Mima Mine, Udachny Mine, and Anabar Mine. All
rough diamonds are at least 5+ carats. Our stones are located in New York City (outside of the
diamond district), with the exact address being revealed, as well as other transparency about
their collections, after Proof of Funds.

As discussed, I need to receive a tear sheet or a bank statement via email, in order to move
forward with this transaction. I will then call you to discuss details and customize the
manifest/purchase according to your requirements and arrange for the TTM with your
gemologists.

Regards,

Mr. Vladimir Z. Guggenheim

President

001 858 504 1556


Case 1:10-cv-08830-PGG Document 1-18 Filed 11/22/10 Page 1 of 4

From: Eli Pichel <Dichelconsultancyayahoo.corn>


Date: Sat, 23 Oct 2010 05:40:44 -0700 (PDT)
To: Centaur Kaser<info@centaur-finance.ch>, Chris Song<chrissong53©gmail.corn>; Chris
Wilson<cwilsonnersinvest.net>, Christiane Johanson<finasian(agmail.corn Christiane
Piper<CHRISTIANE©GLOBALSUPPORT.DE>
Subject: Fw: ROUGH DIAMONDS- NEW YORK- GUGGENHEIM FUND- CONFIDENTIAL-
OFFER

Kindest regards,
Eli Pichel, LLM
Tax Lawyer

This communication may contain privileged and/ar confidential information. It is intended solely for the use of the
addressee. If you are not the intended recipient, you are sirictly prohibited from disclosing, copying, distributing or

using any of this information.

Forwarded Message
From: Eli Pichel <pichekonsultancv0vahoo.com>
To: Pichel Consultancy <pichelconsultancy0attglobal.net>
Sent: Sat, October 23, 2010 8:17:35 AM
Subject: ROUGH DIAMONDS- NEW YORK- GUGGENHEIM FUND- CONFIDENTIAL- OFFER

STRICTLY CONFIDENTIAL —FOR BUYERS ONLY!

TERM SHEET
COMMODITY: ROUGH DIAMONDS
ORIGIN: MIMA MINE & UDACHNY MINE & ANABAR MINE
OWNER & SELLER: GUGGENHEIM FUND
FIDUCIARY: MR. ELI PICHEL, LL.M, TAX LAWYER
TRANCIIES: MINIMUM US$ 50,000, 000.00 (FIFTY MILLION US DOLLARS)
AVAILABLE CONTRACT VALUE: US$ 1,000, 000, 000.00 (ONE BILLION US DOLLARS)
QUALITY: HIGHEST QUALITY
CARATS: 5 & 10 & 20 CARATS
COLOR: SLIGHTLY BLUE, PINK & CHAWAGNE
CLARITY: RANGING FROM VS1, VVS1 AND VVS2
LOCATION: NEW YORK, USA
COMMISSION FEES: 3% (THREE PERCENT) OF TRANSACTION VALUE
NOTE: CUSTOM MADE MAMFEST PROVIDED BY SELLER TO BUYER AFTER RECEIPT
OF COMPLETE SET OF DOCUMENTS

H. PROCEDURES
BUYER SUBMITS LOI & MFPA & COPY PP & BANK COMFORT LETTER IN THE AMOUNT
OF US$ 50, 000, 000.00 (FIFTY MILLION US DOLLARS)
Case 1:10-cv-08830-PGG Document 1-18 Filed 11/22/10 Page 2 of 4

AFTER RECEIPT OF COMPLETE SET OF DOCUMENTS SELLER CONTACTS BUYER IN


ORDER TO SEND THE CUSTOM MADE MANIFEST AND TO INVITE BUYER MR TTM IN
NEW YORK, USA FOR THE INSPECTION OF TEE DIAMONDS, THE EXECUTION OF THE
MANIFEST AND THE CLOSING OF THE SALEIPURCHASE
CLOSING AT TTM AND BUYER SUBSEQUENTLY SUBMITS VIA ELECTRONIC MAIL
SCANNED COPY OF THE SWIFT MT 103 WIRE TRANSFER OF THE COMMISSION FEES TO
MR, ELI PICHEL, LL.M AT: PICHELCONSULTANCY@YAHOO.COM

HI. DOSSIER
1 CONFIRMATION LETTER GUGGENHEIM FU1ND
2 LETTER OF INTENT
3. MASTER FEE PROTECTION AGREEMENT
Kindest regards,
Eli Pichel, LL.M
Tax Lawyer

This communication may contain privileged end/or confidential information. It is intended solely for the use of the
addressee. If you are not the intended reapient, you are (driedy prohibited from disclosing, copying, disiributing or
using any of this information.

This message and any attachment are confidential and may be privileged
or otherwiseprotected from disclosure. If you are not the intended
recipient, please telephone or email the sender and delete this message
and any attachment from your system. If you are not the intended
recipient you must not copy this message or attachment or disclose the
contents to any other person.
Case 1:10-cv-08830-PGG Document 1-18 Filed 11/22/10 Page 3 of 4

From: Eli Pichel


To: Alexander
Sent: Sat, October 23, 2010 8:17:35 AM
Subject: ROUGH DIAMONDS- NEW YORK- GUGGENHEIM FUND- CONFIDENTIAL- OFFER

STRICTLY CONFIDENTIAL FOR BUYERS ONLY!

I. TERM SHEET
COMMODITY: ROUGH DIAMONDS
ORIGIN: MIMA MINE & UDACHNY MINE & ANABAR MINE
OWNER & SELLER: GUGGENHEIM FUND
FIDUCIARY: MR ELIPICHEL, LL.M, TAX LAWYER
TRANCHES: MINIMUM US$ 50,000, 000.00 (FIFTY MILLION US DOLLARS)
AVAILABLE CONTRACT VALUE: US$ 1,000,000, 000.00 (ONE BILLION US DOLLARS)
QUALITY: HIGHEST QUALITY
CARATS: 5 & 10 & 20 CARATS
COLOR: SLIGHTLY BLUE, PINK & CHAMPAGNE
CLARITY: RANGING FROM VS1, VVS1 AND VVS2
LOCATION: NEW YORK, USA
COMMISSION FEES: 3% (THREE PERCENT) OF TRANSACTION VALUE
NOTE: CUSTOM MADE MANIFEST PROVIDED BY SELLER TO BUYER AFTER RECEIPT
OF COMPLETE SET OF DOCUMENTS

II. PROCEDURES
BUYER SUBMITS LOT & MFPA & COPY PP & BANK COMFORT LETTER IN THE AMOUNT
OF US$ 50,000, 000.00 (FIFTY MILLION US DOLLARS)
AFTER RECEIPT OF COMPLETE SET OF DOCUMENTS SELLER CONTACTS BUYER IN
ORDER TO SEND THE CUSTOM MADE MANIFEST AND TO INVITE BUYER FOR TTM IN
NEW YORK, USA FOR THE INSPECTION OF THE DIAMONDS, THE EXECUTION OF THE
MANIFEST AND THE CLOSING OF THE SALE/PURCHASE
CLOSING AT TTM AND BUYER SUBSEQUENTLY SUBMITS VIA ELECTRONIC MAIL
SCANNED COPY OF THE SWIFT MT 103 WIRE TRANSFER OF THE COMMISSION FEES TO
MR. ELI PICHEL, LL.M

HI DOSSIER
1. CONFIRMATION LETTER GUGGENHEIM FUND
2. LETTER OF INTENT
3. MASTER FEE PROTECTION AGREEMENT

Kindest rega rds,


Eli Pichel, LL.M
Tax Lawyer

This communication may contain privileged and/or confidential information It is intended solely for the use of the addressee. If you are not the
intended recipient, you are strictly prohibited from disclosing, copying, distributing or using any of this information.

This message and any attachment are confidential and may be privileged
or otherwise protected from disclosure. If you are not the intended

recipient, please telephone or email the sender and delete this message
Case 1:10-cv-08830-PGG Document 1-18 Filed 11/22/10 Page 4 of 4

and any attachment from your system. If you are not the intended
recipient you must not copy this message or attachment or disclose the
contents to any other person.
Case 1:10-cv-08830-PGG Document 1-19 Filed 11/22/10 Page 1 of 3

TRANSACTION CODE: PICHEL/GUGGENHEIM/DIAMONDS/NY/1010


BUYER CODE

LETTER OF INTENT

OCTOBER TH, 2010

TO:
GUGGENHEIM FUND
ATTN. MR. VLADIMIR GUGGENHEIM
C/O MR. E. PICHEL, LL.M, TAX LAWYER
DEAR SIR,

WE,, THE UNDERSIGNED, WITH FULL


CORPORATE AUTHORITY AND LEGAL RESPONSIBILITY, DO HEREBY CONFIRM THAT
WE ARE READY, WILLING, AND ABLE TO PURCHASE THE FOLLOWING ROUGH
DIAMONDS DESCRIBED HEREIN WITH GOOD, CLEAN, CLEAR, AND OF NON-CRIMINAL
ORIGIN CURRENCY BASED ON THE TERMS AND CONDITIONS STATED HEREIN:

I. TERM SHEET
COMMODITY: ROUGH DIAMONDS
ORIGIN: MIMA MINE & UDACHNY MINE & ANABAR MINE
OWNER & SELLER: GUGGENHEIM FAMILY
FIRST TRANCHE: MINIMUM US$ 50,000, 000.00 (FIFTY MILLION US DOLLARS)
AVAILABLE CONTRACT VALUE: US$ 1,000,000, 000.00 (ONE BILLION US
DOLLARS)
QUALITY: HIGHEST QUALITY
CARATS: 5 & lo & 20 CARATS
COLOR: SLIGHTLY BLUE, PINK & CHAMPAGNE
CLARITY: RANGING FROM VS1, VVS1 AND VVS2
LOCATION: NEW YORK, USA
COMMISSION FEES: 3% (THREE PERCENT) OF TRANSACTION VALUE

II. PROCEDURES
BUYER SUBMITS LOI & MFPA & COPY PP & BANK COMFORT LEITER IN THE
AMOUNT OF US$ 50, 000, 000.00 (FIFTY MILLION US DOLLARS)
AFTER RECEIPT OF COMPLETE SET OF DOCUMENTS SELLER CONTACTS BUYER
IN ORDER TO SEND THE CUSTOM MADE MANIFEST AND TO INVITE BUYER FOR
rim IN NEW YORK, USA FOR THE INSPECTION OF THE DIAMONDS, THE
EXECUTION OF THE MANIFEST AND THE CLOSING OF THE SALE/PURCHASE
CLOSING AT rim AND BUYER SUBSEQUENTLY SUBMITS VIA ELECTRONIC
MAIL SCANNED COPY OF THE SWIFT MT 103 WIRE TRANSFER OF THE
COMMISSION FEES TO MR. ELI PICHEL, LL.M AT:
PICHELCONSULTANCY(4(AHOO.COM

III. COMMISSION FEES

AMOUNT DUE AND PAYABLE BY BUYER: 2% (TWO PERCENT) OF TRANSACTION


VALUE DUE AND PAYABLE BY BUYER UNDER THE RELATED MASTER FEE
PROTECTION AGREEMENT

IIII. TRANSACTION AMOUNT (MINIMUM US$ 5o, 000, 000.00)

BUYER INITIALS
Case 1:10-cv-08830-PGG Document 1-19 Filed 11/22/10 Page 2 of 3

TRANSACTION CODE: PICHEL/GUGGENHEIM/DIAMONDS/NY/1010


BUYER CODE

US$ 00,000, 000.00 (XXX MILLION US DOLLARS)

IV. BUYER BANK COORDINATES

NAME OF BANK:
ADDRESS OF BANK:
ACCOUNT NAME:
ACCOUNT NUMBER:
IBAN:
swwr CODE:
BANK OFFICER:
BANK TELEPHONE:
BANK FAX:

BY SIGNING THIS RWA, BUYER AGREES UNDER THE LAWS AND TRADING
GUIDELINES SET FORTH BY THE ICC THAT HE IS READY, WILLING AND ABLE TO
COMPLETE THIS TRANSACTION UNDER THE TERMS AND CONDITIONS STATED
WITHIN THIS LETTER OF INTENT.

BUYER HEREBY CONFIRMS WITH FULL AUTHORITY THAT THE ABOVE TERMS ARE
AGREED AND ACCEPTABLE.

IN WITNESS HEREOF, BUYER HEREBY ATTESTS, AFFIRMS, AND ACKNOWLEDGES


WITH FULL AUTHORITY BY AFFIXING HIS SIGNATURE ON THIS DECLARATION FOR
AND ON THE BEHALF OF:

NAME OF BUYER:

DATE: TH DAY OF OCTOBER 2010


BUYER SIGNATURE
NAME OF SIGNATORY:
PASSPORT NO
ISSUING COUNTRY:
E-MAIL ADDRESS:
TELEPHONE

CLIENT INFORMATION SHEET

OFFICE ADDRESS
COUNTRY
E-MAIL ADDRESS
OFFICE TELEPHONE NUMBER
MOBILE TELEPHONE NUMBER
OFFICE TELEFAX NUMBER

BUYER INITIALS 2
Case 1:10-cv-08830-PGG Document 1-19 Filed 11/22/10 Page 3 of 3

TRANSACTION CODE: PICHEL/GUGGENHEIM/DIAMONDS/NY/1010


BUYER CODE

BUYER INITIALS
Case 1:10-cv-08830-PGG Document 1-20 Filed 11/22/10 Page 1 of 4
Transaction Code: PICHEL/GUGGENHEIM/DIAMONDS/NY/1010

MASTER FEE PROTECTION AGREEMENT

IRREVOCABLE CORPORATE PAYMENT ORDER

TERM SHEET

COMMODITY: ROUGH DIAMONDS


ORIGIN: MIMA MINE & UDACHNY MINE & ANABAR MINE
OWNER & SELLER: GUGGENHEIM FUND
TRANCHES: MINIMUM US$ 50,000, 000.00 (FIFIY MILLION US DOLLARS)
AVAILABLE CONTRACT VALUE: US$ 1, 000,000, 000.00 (ONE BILLION US
DOLLARS)
QUALITY: HIGHEST QUALITY
CARATS: 5 & lo & 20 CARATS
COLOR: SLIGHTLY BLUE, PINK & CHAMPAGNE
CLARITY: RANGING FROM VS1, VVS1 AND VVS2
LOCATION:NEWYORK, USA
FIDUCIARY: MR. ELIPICHEL, LL.M, TAX LAWYER
COMMISSION FEES: 3% (THREE PERCENT) OF TRANSACTION VALUE DUE AND
PAYABLE BY BUYER TO BENEFICIARIES MENTIONED BELOW

THE UNDERSIGNED, MR. XXX, HOLDER OF XXX PASSPORT NO XXX, HEREBY


IRREVOCABLY AND UNCONDITIONALLY GUARANTEES, WITH FULL PRIVATE AND
CORPORATE RESPONSIBILITY AND SUBJECT TO PENALTY OF PERJURY, TO PAY,
WITHOUT PROTEST, DELAYS OR DEDUCTIONS, UPON THE CLOSING OF EACH AND
EVERY TRANSACTION HEREIN, TO THE BENEFICIARY AND PAYMASTER NAMED
BELOW, AS FOLLOWS:

1. SELLER SIDE BENEFICIARIES(CLOSED): MR. ELI PICHEL, LL.M

AMOUNT: 2% (TWO PERCENT) OF US$ 50,000, 000.00


(FIFTY MILLION US DOLLARS) US$ i, 000, 000.00
(ONE MILLION US DOLLARS)

BANK: TO BE CONFIRMED IN CORPORATE INVOICE

2. BUYER SIDE BENEFICIARIES(OPEN): XXXX

AMOUNT: i% (ONE PERCENT) OF US$ 50,000, 000.00


(FIFIY MILLION US DOLLARS) US$ 500, 000.00
(FIVE HUNDRED THOUSAND US DOLLARS)

BANK: TO BE ADDED
BUYER INITIALS 1
Case 1:10-cv-08830-PGG Document 1-20 Filed 11/22/10 Page 2 of 4
Transaction Code: PICHEL/GUGGENHEIM/DIAMONDS/NY/1010

THE COMMISSION SHALL BE DUE AND PAID UPON THE CLOSING OF EACH AND
EVERY TRANSACTION HEREIN AND SHALL BE PAID IN US DOLLARS.

THE PAYMENT OF ALL COMMISSIONS SHALL BE MADE VIA BANK SWIFT WIRE
TRANSFER TO THE ABOVE MENTIONED DESIGNATED BANK ACCOUNT OF THE ABOVE
MENTIONED BENEFICIARIES.

THIS MASTER FEE PROTECTION AGREEMENT AND IRREVOCABLE CORPORATE


PAYMENT ORDER AND THE PAYMENT OF THE COMMISSIONS HEREIN ARE SUBJECT
TO LAWS OF THE NETHERLANDS.

THIS MASTER FEE PROTECTION AGREEMENT AND IRREVOCABLE CORPORATE


PAYMENT ORDER ARE IRREVOCABLE, DIVISIBLE, AND UNCONDITIONAL, AND MAY
BE ASSIGNED ONLY BY THE BENEFICIARIES NAMED HEREIN.

THIS MASTER FEE PROTECTION AGREEMENT AND IRREVOCABLE CORPORATE


PAYMENT ORDER MAY BE EXECUTED IN ONE OR MORE COUNTERPARTS, EACH ONE
SHALL BE DEEMED AN ORIGINAL AND ALL TOGETHER SHALL CONSTITUTE ONE AND
THE SAME DOCUMENT.

A SIGNED FAX OR ELECTRONICALLY TRANSMITTED COPY OF THIS DOCUMENT


SHALL BE DEEMED BINDING ON THE "PARTIES" WITH THE SAME FORCE AS THE
SIGNED ORIGINAL.

THIS MASTER FEE PROTECTION AGREEMENT AND IRREVOCABLE CORPORATE


PAYMENT ORDER ARE VALID WHEN COMMENCEMENT OF THE ABOVE-REFERENCED
TRANSACTION TAKES PLACE AND SHALL REMAIN VALID AND ENFORCEABLE FOR
THE FULL TERMS OF THIS TRANSACTION, INCLUDING ANY NEW AGREEMENT
BETWEEN THE BUYER AND SELLER AND/OR THEIR ASSIGNS.

THIS MASTER FEE PROTECTION AGREEMENT AND IRREVOCABLE CORPORATE


PAYMENT ORDER ARE AN INTEGRAL PART OF THE ABOVE-MENTIONED
TRANSACTION.

THE ABOVE MENTIONED BENEFICIARIES RESERVE THE RIGHT TO CHANGE THE

BANK COORDINATES STATED HEREIN AT ANY TIME BY PROVIDING WRITTEN

REQUEST TO THE UNDERSIGNED.

NON-CIRCUMVENTION COVENANT:

ALL PARTIES HERETO AGREE NOT TO CIRCUMVENT, AVOID, BYPASS OR OBVIATE


EACH OTHER DIRECTLY OR INDIRECTLY TO AVOID PAYMENT OF COMMISSIONS OR
FEES IN ANY TRANSACTION PENDING, OR IN THE FUTURE, FOR AS LONG AS A
CONTRACT SHALL REMAIN IN FORCE BETWEEN TWO PRINCIPALS, OR, FOR A PERIOD
OF FIVE (5) YEARS FROM THE DATE OF EXECUTION OF THIS AGREEMENT SHOULD
NO CONTRACT RESULT. AT NO TIME SHALL EITHER PARTY DISCLOSE OR
OTHERWISE REVEAL TO ANY THIRD PARTY ANY CONFIDENTIAL INFORMATION,
CODE OR REFERENCE AND OR ANY SUCH INFORMATION ADVISED TO THE OTHER

BUYER INITIALS 2
Case 1:10-cv-08830-PGG Document 1-20 Filed 11/22/10 Page 3 of 4
Transaction Code: PICHEL/GUGGENHEIM/DIAMONDS/NY/1010

PARTY AS BEING CONFIDENTIAL OR PRIVILEGED WITHOUT THE FORMAL WRITTEN


PERMISSION OF THE OTHER PARTY.

THIS AGREEMENT INCLUDES BY REFERENCE AND INCORPORATES THE STANDARD


INTERNATIONAL NON-CIRCUMVENTION AGREEMENT AND CONDITIONS AS SET
FORTH BY THE INTERNATIONAL CHAMBER OF COMMERCE (ICC PUBLICATION 500,
REVISED 1994) AND IS TO BE APPLIED TO ANY AND ALL TRANSACTIONS BETWEEN
WHERE THIS SELLER AND THIS BUYER FOR A PERIOD OF FIVE (5) YEARS.

THE BUYER-PAYER FURTHER AGREES THAT IF HE ATTEMPTS TO CIRCUMVENT,


BYPASS, ALTER OR CHANGE THIS AGREEMENT (OR THE SPIRIT OF THIS
AGREEMENT) BY CHANGING OR CAUSING TO BE CHANGED OR HAVING KNOWLEDGE
OF ANY CHANGES TO THE TRANSACTION NUMBERS, OR ANY OTHER TRANSACTION
RELATED CODES OR IDENTIFIERS, TO WILLFULLY AND KNOWINGLY AVOID PAYING
THE FEES OWED TO THE PAYEES LISTED HEREINBELOW, ANY ONE (OR ALL) OF THE
PAYEES LISTED MAY CONTACT THE SELLER, THE TRANSACTING BANKS, AND THE
FED WITH A BREACH OF CONTRACT, CEASE & DESIST ORDER AND ANY FURTHER
BUYS WILL BE HALTED.

IN THE EVENT OF THE BUYER-PAYER'S DIRECT OR INDIRECT CIRCUMVENTION OF


ANY ONE OR MORE PAYEES, THE BUYER-PAYER ALSO HEREBY IRREVOCABLY
AGREES WITHOUT DELAY, PROTEST OBJECTION, OR DEFENSE TO PAY THE
CIRCUMVENTED PAYEE(S) A LEGAL MONETARY PENALTY/AWARD EQUAL TO THE
MAXIMUM INCOME THE PAYEE(S) SHOULD HAVE REALIZED FROM SUCH
TRANSACTION HAD IT NOT BEEN FOR THE CIRCUMVENTION AND/OR AVOIDANCE OF
PAYMENT, PLUS ANY AND ALL EXPENSES, INCLUDING LEGAL, THAT WOULD
INVOLVE THE RECOVERY OF THESE FUNDS.

THE UNDERSIGNED GUARANTEES THAT THIS MASTER FEE PROTECTION


AGREEMENT AND IRREVOCABLE CORPORATE PAYMENT ORDER WILL BE LODGED
WITH HIS BANK PRIOR TO CLOSING OF EVERY TRANSACTION CONFIRMED ABOVE.

THE UNDERSIGNED'S BANK SHALL PROVIDE THE BENEFICIARY, BY E-MAIL OR BY


FACSIMILE WITH COPIES OF THE SWIFT RELATED TO ALL PAYMENT INSTRUCTIONS
UPON THE CLOSING OF EACH AND EVERY TRANSACTION HEREIN.

APPROVED, AGREED AND GUARANTEED BY BUYER:

OCTOBER TH, 2010,

SIGNATURE AND SEAL:

NAME BUYER:
HOLDER OF PASSPORT:
OFFICE ADDRESS
COUNTRY
E-MAIL ADDRESS
OFFICE TELEPHONE NUMBER
MOBILE TELEPHONE NUMBER
OFFICE TELEFAX NUMBER

BUYER INITIALS 3
Case 1:10-cv-08830-PGG Document 1-20 Filed 11/22/10 Page 4 of 4
Transaction Code: PICHEL/GUGGENHEIM/DIAMONDS/NY/1010

BUYER BANK COORDINATES


NAME OF BANK:
ADDRESS OF BANK:
ACCOUNT NAME:
ACCOUNT NUMBER:
IBAN:
SWIFT CODE:
BANK OFFICER:
BANK TELEPHONE:
BANK FAX:

BUYER INITIALS 4
Case 1:10-cv-08830-PGG Document 1-21 Filed 11/22/10 Page 1 of 9

From: Lady Catarina [mailto:ladycatarinapietra@gmail.com]


Sent: Sunday, October 10, 2010 9:18 PM
To: dcummings@iventurelab.com
Cc: RKG Energy Group
Subject: Re: AU Procedures/Offer

Gentlemen:
Thank you. However, the procedures that the Guggenheims purchase Gold Au or Platinum with
is to receive copies of the SKRs and hallmark certificates emailed to them first. Then, as bank
officers and owners, they will verify. Upon verification, they will call the seller directly and
work out any contract details and arrange payment. They are ready, willing, and able to
purchase this amount today but need to see POP first.
Thank you,
Catarina

On Sun, Oct 10, 2010 at 2:16 PM, David E. Cummings <dcummings@iventurelab.com> wrote:

Bob: This is a Buyer-centric AU Offer and I believe the Guggenheim Trust may have
interest in this offer. I can bring the CEO of the company onto a cfc-call if they
have a solid/concerted interest they have 'past performance' and the procedures
and protocol are straight forward.

FCO Sub-set Overview

Commodity: Gold Bars Hallmarked format, not in GLD system

Country: FOB Within the Republic of South Korea

Fineness: 99.5% or better (400 Troy Ounce/12.5 Kilogram bars)

Transaction Amount: As per mutual agreement amounts (Buyers


ability)

Price: Second Fixing Rate (PM) issued by the London Bullion Market
Association (LBMA) on the Day-of-the-Transaction.

Discount: Net 30%

Commission: Buyer's Determinate

Transaction Bank: Buyers Brinks Account Shinhan Bank in Republic


of South Korea
Case 1:10-cv-08830-PGG Document 1-21 Filed 11/22/10 Page 2 of 9

Test Transaction 50K9 or more to start

Quantity: 2.5MT or more with rolls to be supplied upon performance


to agreeable amount

Purchase Method: FOB [Ledger to Ledger]

Sellers Guarantee: Physical inspection and completed ownership


export documentation prior to release from account.

Procedures

Funds to be demonstrated via Buyers own bank account at Shinhan


Bank opened at any international branch. The account minimum balance
has to match in equivalent cash to market value of the agreed initial
tranche to be purchased. Funds must be confirmed by Seller's Korean
banker.

Physical full inspection


of gold bars based on delivery to Brinks
International at Inchon International Airport Seoul (Korea) of full
ownership documentation and export documents prior to release
transfer of funds to Seller's account in Korea.

Delivery: FOB Seoul, Korea Inchon International Airport


/Export/tax (all documents Included in selling price). Seller will offer
full insurance against loss via Lloyds of London at the Buyers cost if
needed for full market value minus discount.

The Sellers are providing full access to the only Korean Governmental
certified accredited assay company if needed. Final certified assay
inspection reports are subject to Buyer's approval prior to release of
any funds.

Your thoughts!
Case 1:10-cv-08830-PGG Document 1-21 Filed 11/22/10 Page 3 of 9

C.AFiTAL cgotiP

David E. Cummings
General Partner
Dolphin Capital Group LLC
2 Gateway Center 18th Floor
Pittsburgh PA 15222
412.638.0007 c
412.261.1702 f
dcummings@iventurelab.com

From: RKG Energy Group [mailto:rkgenergy(agmail.com]


Sent: Sunday, October 10, 2010 4:37 PM
To: Lady Catarina
Cc: David E. Cummings
Subject: Re: petro

Catarina, I will call you and patch you in with David C at 4:30, as we said, and
afterward our brief chat, we would look to you to bring in David G. David C. will tell
him about the diamond buyer and would also discuss with him the AU he has
available for sale. It would also afford them an opportunity to touch on the Bank
Guarantee prospect that David might be able to identify a prospective client. We look
forward to the call.

On Sat, Oct 9, 2010 at 3:59 PM, Lady Catarina <ladycatarinapietragmail.com> wrote:

Bob,

Please pass on my message to David:

Mr. Guggenheim informed me today that Messrs. Guggenheim are ready, willing, and
able to issue Bank Guarantees from Royal Bank of Scotland, HSBC, Barclays, Deutshe
Bank and Credit Suisse, that are 100% Gold-backed, and available in the
denominations of $300 million, $500 million, and $1 billion. All Bank Guarantees have
a maturity date of 1 year plus 1 day. The BGs are offered at substantial discounts. All
Case 1:10-cv-08830-PGG Document 1-21 Filed 11/22/10 Page 4 of 9

Bank Guarantees can be issued in Euros or pollars. Additionally, we are currently


offering i00% cash-backed Bank Guarantees in the denominations of $i Billion,
$5Billion, $25 Billion, and higher amounts. Mr. Guggenheim will customize the Bank
Guarantee procedures to your buyer's needs and discuss higher amounts, and pricing
confidentially and privately over the phone.

Additionally, Messrs. Guggenheim are currently offering loans of $iBillion and larger
amounts, for those who own Gold AU that they can utilize as collateral.

I look forward to your response,

Catarina

On Fri, Oct 8, 2010 at 5:30 PM, Lady Catarina <ladycatarinapietra(aDgmail.com> wrote:

Bob,

It was a pleasure to meet you as well. We did not even get to discussing your volunteer work
which I would love to hear more about. I noticed in your attached bio that there are several
photos of you with the Bushes. If you have a current relationship with them, please let them
know that the Guggenheim Fund and Guggenheim Bank are at their disposal. Messrs.
Guggenheim respect their family very much and would be very interested in discussing any kind
of financial, new technology, humanitarian or political projects, in which the Guggenheims can
do the funding. I can at any time 24/7 (except for the Sabbath) get Mr. David B.
Guggenheim on the phone to speak with either President Bush, or pass on a HLS secure phone
line for them to call.

I will send additional emails about our other conversations.

Best Regards,

Catarina

On Fri, Oct 8, 2010 at 3:52 PM, RKG Energy Group <rkgenergy@gmail.com> wrote:
Case 1:10-cv-08830-PGG Document 1-21 Filed 11/22/10 Page 5 of 9

Catarina, what a pleasure speaking and how enthused I am about the prospects for our
long term collaboration. Attached is the SOMO secondary contract we discussed. I
will forward the background on David's AU shortly. I will be doing some family
things until early afternoon tomorrow but if schedules permit, you, David and I can
speak some time afterwards.

Bob

On Fri, Oct 8, 2010 at 4:39 AM, RKG Energy Group <rkgenergy@gmail.com> wrote:

Thanks Catrina. I'll look forward to it. The attached is for your information.

Bob

(571) 282-4409
On Thu, Oct 7, 2010 at 5:33 PM, Lady Catarina <ladycatarinapietra(aDgmail.com> wrote:

Bob,

I will call you tomorrow so we can touch base about our common interests.

Thank you for your contact.

Best Regards,

Catarina

858 504 1556

On Tue, Oct 5, 2010 at 4:31 AM, RKG Energy Group <rkgenergy@gmail.com> wrote:

Catrina, I have clients for both buy and sell.

On Mon, Oct 4, 2010 at 8:23 PM, Lady Catarina <ladycatarinapietra(abgmail.com> wrote:

Robert,

I am answering your facebook message.


Case 1:10-cv-08830-PGG Document 1-21 Filed 11/22/10 Page 6 of 9

Are you a buyer or seller of petro?

Best wishes,

Catarina

BB

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

Robert Goodwin-CEO
David Giovani-VP & Compliance
RKG Energy Group
8300 Merrifield Ave, Suite 2
Fairfax, Vi 22031
rkgenergy@gmail.com

BB

Lady Catarina Pietra Toumei

Investment Relations Manager


Case 1:10-cv-08830-PGG Document 1-21 Filed 11/22/10 Page 7 of 9

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

BB

Robert Goodwin-CEO
David Giovani-VP & Compliance
RKG Energy Group
8300 Merrifield Ave, Suite 2
Fairfax, Virginia 22031
rkgenergy@gmail.com

BB

Robert Goodwin-CEO
David Giovani-VP & Compliance
RKG Energy Group
8300 Merrifield Ave, Suite 2
Fairfax, Virginia 22031
rkgenergy@gmail.com

BB

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe


Case 1:10-cv-08830-PGG Document 1-21 Filed 11/22/10 Page 8 of 9

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

BB

Lady Catarina Pietra Toumei

Investment Relations Manager

Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

BB

Robert Goodwin-CEO
David Giovani-VP & Compliance
RKG Energy Group
8300 Merrifield Ave, Suite 2
Fairfax, Virginia 22031
rkgenergy@gmail.com
Case 1:10-cv-08830-PGG Document 1-21 Filed 11/22/10 Page 9 of 9

BB

Lady Catarina Pietra Toumei


Investment Relations Manager
Manhattan & Rancho Santa Fe

NOTE: This email message contains information which may be confidential and privileged in
nature. Any review, re-transmission, dissemination or other use thereof, or taking of any action
in reliance upon this information by persons orientates other than the intended recipient is
prohibited. This material is for informational purposes only. It is neither a solicitation nor a
formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill

This message and any attachment are confidential and may be privileged
or otherwise protected from disclosure. If you are not the intended

recipient, please telephone or email the sender and delete this message
and any attachment from your system. If you are not the intended
recipient you must not copy this message or attachment or disclose the
contents to any other person.
GUGGENHEIM FUND
New York, New York USA

October 10, 2010

Mr. Robert K. Goodwin

Dear Bob,
As discussed today, Mr. David B. Guggenheim and Mr. Vladimir Z. Guggenheim would be very pleased in
having private and confidential meeting with President George H. W. Bush and/or President George W.
a

Bush, as well as other members of the Bush family.

Messrs. Guggenheim are owners of the Guggenheim Museums, Guggenheim Foundation, and the
privately-owned Guggenheim Fund and Guggenheim Bank. Mr. David B. Guggenheim is a major
shareholder of six of the top international banks, and majority owner of China National Petroleum (along
with the Chinese government). Additionally, Messrs. Guggenheim are large contributors to Home Land
Security and the U.S. Army. They are currently working at a governmental level with several countries,
which can be discussed in person.

We believe that there are many interests that could be discussed privately, as the Guggenheims would like
to invest their funds into mutual interests with the Bush family. Some potential projects may include the
Guggenheim's money invested into government programs, the Guggenheims purchasing oil contracts or
oil entities,
as well as high finance and philanthropic discussions.

We look forward to your response in regards to setting up a private meeting, at the Presidents' wishes and
schedule. The Bush family is always invited to Manhattan where they will be a guest of the Guggenheims,
at any time.

Respectfully,

Lady Catarina Toumei

858 504 1556


Case 1:10-cv-08830-PGG Document 1-23 Filed 11/22/10 Page 1 of 2

From: Lady Catarina [maltto:cpcount@aol.com]


Sent: Monday, September 20, 2010 3:58 PM
To: Weissert, Angela
Subject: for Mr. %kind and Mr. Murdoch

Mr.Rupert Murdoch
Chairman and Chief Executive Officer
Mr. Arthur M. Siskind
Senior Advisor to the Chairman
News Corporation

Dear Sirs:

Mr. David B. Guggenheim and Mr. Vladimir Z. Guggenheim are interested in speaking with you
privately and confidentially to discuss investing their money into your companies or other possible
ventures, such as telecommunications, new technologies and financial investments.

Messrs. Guggenheim are major shareholders in several of the top io international banks, and work
full time in international banking and oil at the government level. Messrs. Guggenheim own and run
the Guggenheim Foundation, and the privately-held Guggenheim Bank, Guggenheim Fund, and Dabir
International Ltd.

It may interest you to know that Messrs. Guggenheim are making a private offering Bank Guarantees
from Royal Bank of Scotland, Deutshe Bank and Credit Suisse, HSBC London, and Barclays London
or New York, in the denominations of $5Billion, $50 Billion, $100 Billion, $300 Billion, $500 Billion,
and higher amounts. As you know, Bank Guarantees are highly sought after to have very large funds
available at very discounted rates, with no risk to the company since the bank holds the risk. BGs can
be utilized for purchasing huge contracts of commodities, buy equipment, acquire land, and pay for
other huge projects at half price. All Bank Guarantees have a maturity date of 1 year plus I day. All
Bank Guarantees are l00% cash-backed.

We admire your reputation and your business dealings. The Guggenheims have their own
large funds, and would like to partner with your expertise to find mutually profitable and beneficial
projects.
To discuss potential business with the Guggenheims, you may call Mr. David B. Guggenheim,
Chairman of the Guggenheim Bank, or Mr. Vladimir Guggenheim, President of Guggenheim Bank, at
858 504 1556. Additionally, Messrs. Guggenheim extend an invitation for you to be their guest for
dinner in Manhattan, during the month of October, at your convenience.

Respectfully,
Case 1:10-cv-08830-PGG Document 1-23 Filed 11/22/10 Page 2 of 2

Lady Catarina Toumei


Investment Relations Manager

Guggenheim Fund

Lady Catarina Pietra Tournei


Investment Relations Manager

NOTE: This email message contains information which may be confidential and privileged in nature. Any review, re-
transmission, dissemination or other use thereof, or taking of any action in reliance upon this information by persons
orientates other than the intended recipient is prohibited. This material is for informational purposes only. It is neither a
solicitation nor a formal offer or trade prospectus. If you received this email in error, please contact the sender by
reply
mail and delete the material from all computers.

"We make a living by what we get, we make a life by what we give." Winston Churchill
Case 1:10-cv-08830-PGG Document 1-24 Filed 11/22/10 Page 1 of 2

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Domain ID:D159291286-LROR
Domain Name:GUGGENHEIMADVISORS.ORG
Created On:28-May-2010 15:19:01 UTC
Last Updated On:10-Sep-2010 04:18:27 UTC
Expiration Date:28-May-2011 15:19:01 UTC
Sponsoring Registrar:eNom, Inc. (R39-LROR)
Status:CLIENT TRANSFER PROHIBITED
Registrant ID:16b37bfbc5c4ea41
Registrant Name:Lady Catarina Toumei
Registrant Street1:po box 615
Registrant Street2:
GuggenheimAdvisors.at Buy
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Registrant City:Rancho Santa Fe
Registrant State/Province:CA GuggenheimAdvisors.be Buy
Registrant Postal Code:92067
Registrant Country:US GuggenheimAdvisors.cn Buy
Registrant Phone:+1.8585041556
Registrant Phone Ext.: GuggenheimAdvisors.co.uk Buy
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Admin ID:16b37bfbc5c4ea41
Admin Name:Lady Catarina Toumei GuggenheimAdvisors.dk Buy
Admin Street1:po box 615
Admin Street2: Show all (16) >
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Admin State/Province:CA Buy all selected >
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Admin Country:US
Admin Phone:+1.8585041556
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Tech ID:16b37bfbc5c4ea41
Tech Name:Lady Catarina Toumei
Tech Street1:po box 615
Case 1:10-cv-08830-PGG Document 1-24 Filed 11/22/10 Page 2 of 2

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Case 1:10cv08830PGG Do cume nt125Filed 11/22/10Page 1of 6

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Home aInsiruments.,&Commo Lies 1 of 5
Fin11-25
uAe -1:1U-CV-UbbiU-FULJ diuocument 2 of 6 Page
alac
Filed 11/22/10 Page

FINANCIAL INSTRUMENTS
& COMMODITIES

COMMODITIES: GOLD AU, PLATINUM, CRUDE OIL, ROUGH DIAMONDS, LARGE GEM
STONES, ART MASTERPIECES, FINANCIAL INSTRUMENTS.

Gold is a chemical element with the symbol AU (from the


Latin word "aurum", which translates to: shining dawn). Of
all the precious metals, gold is the most popular as an
investment. Investors generally buy gold as a hedge or safe
haven against any economic, political, social or fiat
currency crisis. The gold market is also subject to
speculation as other commodities are, especially through -or
the use of futures contracts and derivatives. The history of
the gold standard, the role of gold reserves in central
banking, gold's low correlation with other commodity
prices, and its pricing in relation to fiat currencies during the fmancial crisis of 2007 2010,
su!!est that !old has features of being money.
Gold Price
$1342.35 72.04 0.16%
9:58 AM EDT 2010.10.29

.400
.350 "111,
Iry
250
.200
1150
1100
Jul 20 Aug 20 Sep 28 Oct.

ni ly 5y

NEW RULES FOR DEMAND GUARANTEES EFFECTIVE 1 JULY 2010

Securing an array of international and domestic monetary and


performance oblications, ICC's new Uniform Rules for Demand
Guarantees (URDG) enter into effect. Successor to the URDG 458, the
extensively updated rules, URDG 758 will help bring financial
stability a Uniform Rules for
to markets rocked by the gloval recession by setting out the liabilities

and responsibilities of parties at each stage of the guarantee lifecycle. emand


riciudrig Moclel Forms

Ito stiff.

httn://21122enheimadvisors.or2/ 10/29/2010
Home Fina11 nslaqmentss&-Coinmo ties 2 of 5
uaise diuocument 1-25 3 of 6 Page
alac
U-CV-Ubb3U-FULJ Filed 11/22/10 Page

ANALYSIS: PALLADIUM'S LUSTER SET TO ECLIPSE PLATINUM

By Amanda Cooper Wed Sep 29, 2010

BERLIN (Reuters) Palladium is likely to hire investors more than platinum, based on the large growth potential of
the Chinese car market, a more limited supply outlook for the metal and its inherent volatility.

Industry experts, speaking at the London Bullion Market Association annual conference, offered an upbeat outlook
for both major platinum group metals (PGM), but singled out palladium as having more room for price gains.

Palladium, mainly used in auto-catalysts to cut emissions, is showing its best performance against platinum in about
six years due to its reliance on the vehicle market in China, where cars are almost exclusively powered by gasoline.

Catalysts in diesel engines tend to take a higher loading of platinum, while palladium is more abundant in catalysts
for gasoline engines.

"The investor community is more favorable toward palladium over platinum. If you go to put a trade on in the PGM

space, your first port of call is obviously platinum, but the


question is how do we get more juice, and the answer is
palladium, Michael Jansen, a strategist for JPMorgan Chase, said.

RapkIly-dwindling stocks of palladium held above


ground, together with slowing output from top producer Russia
will put more pressure on supply of the metal than for platinum, where expectations are for a rise in production,

especially in major miner South Africa.

"Investors love owning assets where there is supply risk, Jansen said.

"One of the things to stand out to us (is that) palladium production in two or three years probably isn't going to be
much higher in South Africa and Russia to where it was in 2006 and 2007, while the outlook for platinum looks a
little more upbeat.

"Ultimately, the price outlook is helped by the fact that it has traded considerably higher before, he added.

Palladium has risen by more than 30 percent this year to above $550 an ounce and is holding around two-year highs
but remains below the record peaks above $1, 000 an ounce of 2001.

Platinum meanwhile has risen by 9.6 percent this year to around $1, 600 an ounce.

Emma Townshend, an analyst with Renaissance Capital BJM, said these two had to be examined together with the

performance of fellow PGM rhodium and of South Africa's rand currency.

"The key in terms of forecasting prices is looking at the basket of platinum, palladium, rhodium and the rand, she
said.

"In view of our strong rand, I think we have relatively high prices. We definitely see, at these levels, the most upside

httn://21122enheimadvisors.or2/ 10/29/2010
Home Fina1 Insirumentss&—Commo ties Page 3 of 5
alac
uaise U-CV-Ubb3U-FULJ diuocument 1-25 Filed 11/22/10 Page 4 of

6to
rhodium
in the
we see a

coming twelve months, up from $2, 225 currenly.


said, adding
lot of upside in palladium, she she expected rhodium to reach $3, 000 an ounce

Townshend said she expected palladium prices to rise to $700 to $800 an ounce, while platinum would get up "to
the high teens."

David Jollie, a precious metals analyst for Mitsui, said China, the largest and fastest-growing car market in the
world, would be a major driver for palladium demand.

Jollie said vehicle production in China is expected to reach 17 million units this year, and perhaps even higher.

"They're all gasoline, so again, it's a palladium story. That is part of the reason you see outperformance of palladium
overplatinum, he said.

(Editing by Anthony Barker)

London

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uaise diuocument 1-25 5 of 6 Page
alac
u-cv-uolosou-i-uu Filed 11/22/10 Page

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10 2
9 3
8 zorik.y, 4

Moscow

INVESTMENT RELATIONS MANAGER: LADY CATARINA PIETRA TOUMEI

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