Re: United States of America v. Amr. I Elgindy; Superseding Indictment (Part 4 of 4)
COUNT
NAME OF SECURITY
SIXTEEN
Company No. 5
SEVENTEEN
Company No. 6
EIGHTEEN
A company listed on the OTCBB ("Company No. 10")
NINETEEN
A company listed on the OTCBB ("Company No. 11")
TWENTY
A company listed on the OTCBB ("Company No. 12")
TWENTY-ONE
A company listed on the OTCBB ("Company No. 13")
TWENTY-TWO
Nuclear Solutions
(Title 15, United States Code, Section 78j(b) and 78ff; Title 18, United States Code, Sections 2 and 3551 et seq.)
Wire Fraud
lxxiii) On or about and between November 2000 and February 2002, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant AMR I. ELGINDY, together with others, did knowingly and intentionally devise a scheme and artifice (a) to defraud purchasers and sellers of various stocks and deprive such purchasers and sellers of the intangible right of ELGINDY’s honest services, and (b) to obtain money and property from such purchasers and sellers by means of materially false and fraudulent pretenses, representations and promises, and for the purpose of executing such scheme and artifice and attempting to do so, transmitted and caused to be transmitted by means of wire communication in interstate and foreign commerce signs, signals, and sounds, as described below.
COUNT
DATE
DESCRIPTION
TO
FROM
TWENTY-THREE
February 16, 2001
Chat Room Discussion re Company No. 10
AnthonyPacific.com Subscribers in the Eastern District of New York
ELGINDY in California
TWENTY-FOUR
February 20, 2001
E-mail re Company No. 10
AnthonyPacific.com Subscribers in the Eastern District of New York
ELGINDY in California
TWENTY-FIVE
May 11, 2001
Chat Room Discussion re Company No. 11
AnthonyPacific.com Subscribers in the Eastern District of New York
ELGINDY in California
TWENTY-SIX
May 24, 2001
E-Mail re Company No. 5
AnthonyPacific.com Subscribers in the Eastern District of New York
ELGINDY in California
TWENTY-SEVEN
June 8, 2001
Chat Room Discussion re Company No. 6
AnthonyPacific.com Subscribers in the Eastern District of New York
ELGINDY in California
TWENTY-EIGHT
June 21, 2001
E-mail re Company No. 6
AnthonyPacific.com Subscribers in the Eastern District of New York
ELGINDY in California
TWENTY-NINE
August 17, 2001
Chat Room Discussion re Company No. 12
AnthonyPacific.com Subscribers in the Eastern District of New York
ELGINDY in California
THIRTY
August 23, 2001
E-mail re Company No. 12
AnthonyPacific.com Subscribers in the Eastern District of New York
ELGINDY in California
THIRTY-ONE
September 17, 2001
E-mail re Company No. 12
AnthonyPacific.com Subscribers in the Eastern District of New York
ELGINDY in California
THIRTY-TWO
October 23, 2001
Chat Room Discussion re Company No. 13
AnthonyPacific.com Subscribers in the Eastern District of New York
ELGINDY in California
THIRTY-THREE
February 1, 2002
E-mail re Company No. Nuclear Solutions
AnthonyPacific.com Subscribers in the Eastern District of New York
ELGINDY in California
(Title 18, United States Code, Sections 1343, 1346, 2
and 3551 et seq.)
CRIMINAL FORFEITURE ALLEGATIONS
FIRST FORFEITURE ALLEGATION
(AS TO COUNT ONE)
lxxiv) The allegations contained in Count One are realleged and incorporated as if fully set forth in this paragraph for the purpose of alleging forfeiture pursuant to the provisions of Title 18, United States Code, Section 1963. Pursuant to Rule 32.2, Fed. R. Crim. P., notice is hereby given to the defendants AMR I. ELGINDY, also known as "Tony Elgindy" and "Anthony Pacific," JEFFREY A. ROYER, JONATHAN DAWS, TROY M. PETERS and LYNN WINGATE that the United States will seek forfeiture as part of any sentence in accordance with Title 18, United States Code, Section 1963 in the event of any defendant’s conviction under Count One of this Indictment.
lxxv) The defendants, AMR I. ELGINDY, also known as "Tony Elgindy" and "Anthony Pacific," JEFFREY A. ROYER, JONATHAN DAWS, TROY M. PETERS and LYNN WINGATE:
a. have acquired and maintained interests in violation of Title 18, United States Code, Section 1962, which interests are subject to forfeiture to the United States pursuant to Title 18, United States Code, Section 1963(a)(1);
b. have an interest in, security of, claims against, and property and contractual rights which afford a source of influence over, the enterprise named and described herein which the defendants established, operated, controlled, conducted, and participated in the conduct of, in violation of Title 18, United States Code, Section 1962, which interests, securities, claims, and rights are subject to forfeiture to the United States pursuant to Title 18, United States Code, Section 1963(a)(2);
c. have property constituting and derived from proceeds obtained, directly and indirectly, from racketeering activity, in violation of Title 18, United States Code, Section 1962, which property is subject to forfeiture to the United States pursuant to Title 18, United States Code, Section 1963(a)(3).
lxxvi) The interests of the defendants AMR I. ELGINDY, also known as "Tony Elgindy" and "Anthony Pacific," JEFFREY A. ROYER, JONATHAN DAWS, TROY M. PETERS and LYNN WINGATE subject to forfeiture to the United States pursuant to Title 18, United States Code, Section 1963(a), include, but are not limited to, the defendants’ interests in the following:
a. all funds on deposit in any and all accounts and certificates of deposit, and any valuables in safe deposit boxes maintained by or on behalf of Amr I. Elgindy, also known as "Anthony Elgindy","Tony Elgindy" and "Anthony Pacific", Mary Faith Elgindy, and Pacific Equity Investigations, at the following financial institutions: (i) Bank of America, including, but not limited to, account nos. 11827-02640, 11821-04883, and 11822-17682; (ii) Bank of Montreal, Vancouver, British Columbia, including, but not limited to, account no. 4585-492; (iii) Global Securities, Vancouver, British Columbia, including, but not limited to, Canadian Imperial Bank of Commerce account no. 0001-0004-77117; (iv) Salomon Smith Barney, including, but not limited to, account nos. 673-08550-19-170, 673-08549-13-170, 673-08562-15-170, 673-08563-14-170, 673-08561-16-170, 673-08548-14-170; and (v) Royal Bank, Vancouver, British Columbia, including, but not limited to, account no. 00010-003-401-172-2; and (vi) all proceeds traceable to these funds (collectively referred to hereinafter as the "Defendant Funds");
b. the premises and real property located at 3371 Calle Tres Vistas, Encinitas, California, and all proceeds traceable thereto (the "3371 Calle Tres Vistas property");
c. a 2001 Rolls Royce Bentley vehicle, VIN SCBZK25E91CX62537, California license plate no. ZEROBID, registered in the name of Pacific Equity Investigations and Anthony Elgindy (the "2001 Bentley vehicle");
d. a 2000 Lincoln Town Car, VIN 1L1FM81W4YY903598, California license plate no. 6H01784, registered in the name of Pacific Equity Investigations (the "2000 Lincoln Town Car vehicle");
e. a 2000 Hummer HMCO, VIN 137ZA903XYE188837, California license plate no. 00BID, registered in the name of Pacific Equity Investigations and Tony Elgindy (the "2000 Hummer vehicle");
f. a 2001 Suzuki Grand Vitara, VIN JS3TX92V414100376, California license plate no. 4SYW793, registered in the name of Amr I. Elgindy (the "2001 Suzuki Grand Vitara vehicle");
g. a 1999 Jaguar XJR, VIN SAJPX1845XC859070, California license plate no. 4MNB694, registered in the name of Pacific Equity Investigations and Amr Elgindy (the "1999 Jaguar vehicle");
h. a red, two-door 2001 Ferrari F360 Modena Spyder, bearing VIN number ZFFYT53A510122724 vehicle (the "2001 Ferrari vehicle");
i. all proceeds traceable to the aforesaid vehicles; and
j. all funds on deposit in USAA Federal Savings Bank Account No. 033-1590-8 in the name of Jeffrey A. Royer, up to and including the sum of $16,925.00, and all proceeds traceable thereto (the "defendant Royer funds").
lxxvii) In the event that more than one defendant is convicted of the offense charged in Count One of this Indictment, such defendants are jointly and severally liable for the forfeiture obligations as alleged in paragraphs 75 and 76 above.
lxxviii) If any of the property described in paragraphs 75 and 76 above, as a result of any act or omission of a defendant–
a. Cannot be located upon the exercise of due diligence;
b. Has been transferred or sold to, or deposited with, a third party;
c. Has been placed beyond the jurisdiction of the Court;
d. Has been substantially diminished in value; or
e. Has been commingled with other property which cannot be divided without difficulty;
the Court shall order the forfeiture of any other property of the defendant up to the value of any property set forth in sub-paragraphs 78(a) through 78(e).
(Title 18, United States Code, Section 1963)
SECOND FORFEITURE ALLEGATION
(AS TO COUNTS TWO THROUGH TWELVE
AND SIXTEEN THROUGH THIRTY-THREE)
lxxix) The allegations contained in Counts Two through Twelve and Sixteen through Thirty-Three are realleged and incorporated as if fully set forth in this paragraph for the purpose of alleging forfeiture pursuant to the provisions of Title 18, United States Code, Sections 981(a)(1)(C) and Title 28, United States Code, Section 2461(c).
lxxx) Upon conviction of any of the offenses set forth in Counts Two through Twelve and Sixteen through Thirty-Three of this Indictment, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), the defendants AMR I. ELGINDY, also known as "Tony Elgindy" and "Anthony Pacific," JEFFREY A. ROYER, JONATHAN DAWS, TROY M. PETERS and LYNN WINGATE shall forfeit to the United States any and all properties, real and personal, which constitute or are derived from proceeds traceable to an offense constituting "specified unlawful activity," as defined in 18 U.S.C. § 1956(c)(7), to wit, 15 U.S.C. §§ 78j(b) and 78ff, 18 U.S.C. §§ 1343 and 1951, or a conspiracy to commit such an offense.
lxxxi) The interests of the defendants AMR I. ELGINDY, also known as "Tony Elgindy" and "Anthony Pacific," JEFFREY A. ROYER, JONATHAN DAWS, TROY M. PETERS and LYNN WINGATE subject to forfeiture to the United States pursuant to Title 18, United States Code, Section 981(a)(1)(C) and to Title 28, United States Code, Section 2461(c), include, but are not limited to, the following specific properties:
a. all funds on deposit in any and all accounts and certificates of deposit, and any valuables in safe deposit boxes maintained by or on behalf of Amr I. Elgindy, also known as "Anthony Elgindy","Tony Elgindy" and "Anthony Pacific", Mary Faith Elgindy, and Pacific Equity Investigations, at the following financial institutions: (i) Bank of America, including, but not limited to, account nos. 11827-02640, 11821-04883, and 11822-17682; (ii) Bank of Montreal, Vancouver, British Columbia, including, but not limited to, account no. 4585-492; (iii) Global Securities, Vancouver, British Columbia, including, but not limited to, Canadian Imperial Bank of Commerce account no. 0001-0004-77117; (iv) Salomon Smith Barney, including, but not limited to, account nos. 673-08550-19-170, 673-08549-13-170, 673-08562-15-170, 673-08563-14-170, 673-08561-16-170, 673-08548-14-170; and (v) Royal Bank, Vancouver, British Columbia, including, but not limited to, account no. 00010-003-401-172-2; and (vi) all proceeds traceable to these funds (collectively referred to hereinafter as the "Defendant Funds");
b. the 3371 Calle Tres Vistas property;
c. a 2001 Rolls Royce Bentley vehicle, VIN SCBZK25E91CX62537, California license plate no. ZEROBID, registered in the name of Pacific Equity Investigations and Anthony Elgindy (the "2001 Bentley vehicle");
d. a 2000 Lincoln Town Car, VIN 1L1FM81W4YY903598, California license plate no. 6H01784, registered in the name of Pacific Equity Investigations (the "2000 Lincoln Town Car vehicle");
e. a 2000 Hummer HMCO, VIN 137ZA903XYE188837, California license plate no. 00BID, registered in the name of Pacific Equity Investigations and Tony Elgindy (the "2000 Hummer vehicle");
f. a 2001 Suzuki Grand Vitara, VIN JS3TX92V414100376, California license plate no. 4SYW793, registered in the name of Amr I. Elgindy (the "2001 Suzuki Grand Vitara vehicle");
g. a 1999 Jaguar XJR, VIN SAJPX1845XC859070, California license plate no. 4MNB694, registered in the name of Pacific Equity Investigations and Amr Elgindy (the "1999 Jaguar vehicle");
h. a red, two-door 2001 Ferrari F360 Modena Spyder, bearing VIN number ZFFYT53A510122724 vehicle (the "2001 Ferrari vehicle");
i. all proceeds traceable to the aforesaid vehicles; and
j. all funds on deposit in USAA Federal Savings Bank Account No. 033-1590-8 in the name of Jeffrey A. Royer, up to and including the sum of $16,925.00, and all proceeds traceable thereto.
lxxxii) In the event that more than one defendant is convicted of the offenses charged in Counts Two through Twelve and Sixteen through Thirty-Three, such defendants are jointly and severally liable for the forfeiture obligations described in paragraphs 80 and 81 above.
lxxxiii) If any of the property described in paragraphs 80 and 81 above, as a result of any act or omission of a defendant-–
a. Cannot be located upon the exercise of due diligence;
b. Has been transferred or sold to, or deposited with, a third party;
c. Has been placed beyond the jurisdiction of the Court;
d. Has been substantially diminished in value; or
e. Has been commingled with other property which cannot be divided without difficulty;
the Court shall order the forfeiture of any other property of the defendant up to the value of any property set forth in sub-paragraphs 83(a) through 83(e).
(Title 21, United States Code, Section 853(p), as incorporated by Title 28, United States Code, Section 2461(c))
TRUE BILL
FOREPERSON
ROSLYNN R. MAUSKOPF
UNITED STATES ATTORNEY
EASTERN DISTRICT OF NEW YORK |
