UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

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UNITED STATES OF AMERICA,

INFORMATION

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Sl 09 Cr. 902 (SHS)

HASSAN NEMAZEE,

Defendant.

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COUNT ONE (Bank Fraud)

The United States Attorney charges:

THE DEFENDANT

1. At all times relevant to this Information, HASSAN

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

chief executive officer of Nemazee Capital Corporation ("Nemazee

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

invested in both public and private companies principally on his

own behalf. Nemazee Capital maintained its principal executive

office in Manhattan, from which NEMAZEE primarily conducted his

business.

THE RELEVANT FINANCIAL INSTITUTIONS

2. Bank of America Corporation is a corporation

organized under the laws of the State of Delaware with its

headquarters in Charlotte, North Carolina. Bank of America

Corporation provides a broad range of banking and non-banking

financial services and products both within and outside of the

United States. Among the subsidiaries of Bank of America

Corporation are Bank of America, N.A. ("BofA") , the deposits of which were, at all times relevant to this Information, insured by the Federal Deposit Insurance Corporation ("FDIC"). BofA is the successor in interest, by merger, to various banks, including NationsBank of Texas, N.A. ("NationsBank of TX") , the deposits of which were, at all times relevant to this Information, insured by the FDIC.

3. Citigroup Inc. is a corporation organized under the laws of the State of Delaware with its headquarters in New York, New York. Like Bank of America Corporation, Citigroup Inc. provides a broad range of banking and non-banking financial services and products both within and outside of the Unite~ States. Among the subsidiaries of Citigroup Inc. are Citibank, N.A. ("Citibank"), the deposits of which were at all times relevant to this Information insured by the FDIC.

4. HSBC Holdings plc is a public limited company incorporated under the laws of the Unit.ed Kingdom with its headquarters in London, England. Like Bank of America Corporation and Citigroup Inc., HSBC Holdings plc provides a broad range of banking and non-bankinS financial services and products both within and outside of the united States. Among the subsidiaries of HSBC Holdings plc is HSBC Bank USA, N.A.

("HSBC"), the deposits of which were, at all times relevant to this Information, insured by the FDIC.

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5. Until approximately March 2009,Westmin(ster Securities Corporation ("Westminster") was a registered brokerdealer with its principal place of business in New York, New York.

NEMAZEE DEFRAUDS BofA OF MORE THAN $142 MILLION

6. Starting in or about late 1997 and continuing until in or about July 2009, HASSAN NEMAZEE, the defendant, began to borrow money from BofA. Among the borrowings of NEMAZEE from BofA were the following:

a. On or about May 5, 1998, NEMAZEE entered into a written arrangement to borrow up to $3.5 million from NationsBank of TX secured by NEMAZEE's interest in an apartment on Park Avenue in Manhattan (the "Park Avenue Apartment"). In order to obtain the loan secured by the Park Avenue Apartment and another $20 million line of credit, NEMAZEE falsely represented, in substance and in part, that he owned over $44 million of United States Treasury securities and over $74 million of other securities, held in 'a specified account at Westminster (the "NationsBank of TX Pledged Account"J .

b. In or about June 2001, NEMAZEE entered into a written arrangement with BofA to borrow approximately $1.4 million secured by NEMAZEE's interest in a home located in Katonah, New York (the "Katonah Property").

c. In or about September 2006, NEMAZEE entered

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into two separate written arrangements with BofA whereby, in exchange for pledging certain collateral to BofA, NEMAZEE had the right to borrow up to $25 million on one lending facility and $75 million on another lending facility (the uFirst Secured BofA Loans"). In connection with the First Secured BofA Loans, NEMAZEE falsely represented, in substance and in part, that he owned a specified account (the uFirst BofA Pledged Account") at Westminster. NEMAZEE further falsely represented, in sUbstance and in part, that the First BofA Pledged Account contained over $139 million of United States Treasury securities.

d. In or about June 2007, NEMAZEE entered into a written arrangement with BofA to borrow approximately $1.032 million to purchase a fractional interest in a Cessna airplane.

e. In or about 2008, NEMAZEE entered into a writ~en arrangement with BofA to borrow over approximately $4.5 million in order to purchase two luxury apartments located on Warren Street in Manhattan.

f. In or about October 2008, NEMAZEE entered into a written arrangement with BofA whereby, in exchange for pledging certain collateral to BofA, NEMAZEE had the right to borrow up to $100 million 'from BofA (the uSecond Secured BofA Loan"). In addition to NEMAZEE'S being able to draw down upon the Second Secured BofA Loan, another company (the uCorporate Borrower") was also permitted to draw down upon the Second

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Secured BofA Loan. As a result, the borrowers on the Second

Secured BofA Loan were NEMAZEE and the Corporate Borrower. An

individual residing in the State of New York and associated with

the Corporate Borrower (the "Victim") served as a guarantor on

the Second Secured BofA Loan and pledged as collateral for the

.

Second Secured BofA Loan a multimillion dollar Colorado home

owned by the Victim and his wife. In connection with the Second

Secured BofA Loan and in order to induce the Victim to agree to,

and serve as guarantor for, the Second Secured BofA Loan, NEMAZEE

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

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

Westminster and further falsely represented, in substance and in

part, that the Second BofA Pledged Account contained over $88

million of United States Treasury securitie~.

7. As of approximately September 2009, HASSAN

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

approximately $142.42 million. For example, as a result of an

interstate facsimile transmission from NEMAZEE's office in New

York, New York, to a BofA office in Texas, on or about December

31, 2008, NEMAZEE drew down upon the Second Secured BofA Loan in

the amount of $15.0 million.

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

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

BofA Pledged Account did not exist and HASSAN NEMAZEE, the

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defendant, did not own the millions of dollars of United states Treasury and other securities that he had pledged to NationsBank of TX and BofA as collateral for the loans described in paragraph 6, above.

NEMAZEE DEFRAUDS CITIBANK OF $74,91 MILLION

9. On or about August 22, 2005, HASSAN NEMAZEE, the defendant, entered into a written arrangement with Citibank, whereby Citibank agreed to lend NEMAZEE, on an unsecured basis, up to $25 million from Citibank (the "Unsecured Citibank Loan"). In connection with this lending arrangement, NEMAZEEfalsely represented to Citibank that he owned over $500 million in United States Treasury securities, $100 million of which had, he further falsely represented, been pledged to Bank of America. The Unsecured Citibank Loan was extended multiple times, most recently as of on or about November 20, 2008, when the outstanding balance that NEMAZEE owed Citibank on the Unsecured Citibank Loan was over $20 million.

10. On or about December 22, 2006, HASSAN NEMAZEE, the defendant, entered into a written arrangement with Citibank whereby, in exchange for pledging certain collateral to Citibank, NEMAZEE had the right to borrow up to $25 million from Citibank

(the "Secured Citibank Loan"). The terms of the Secured Citibank Loan were modified multiple times, most recently as of on or about November 20, 2008, when the amount of funds that NEMAZEE

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could borrow from Citibank was increased to $80 million.

11. In connection with the Se.cured Citibank Loan and

its subsequent modifications, HASSAN NEMAZEE, the defendant, falsely represented, in substance and in part, that he held a specified account (the "Citibank Pledged Account") at Westminster. NEMAZEE further falsely represented, in substance and in part, that the Citibank Pledged Account contained millions of dollars of united States Treasury securities.

12. In truth and in fact, the Citibank Pledged Account did not exist and HASSANNEMAZEE, the defendant, did not own the millions of dollars of united States Treasury securities that he

had pledged to Citibank as collateral for his loans from Citibank. Nor did NEMAZEE own over $500 million in United States

Treasury sec~rities at any time during which the Unsecured Citibank Loan was outstanding.

13. As of approximately August 23, 2009, HASSAN NEMAZEE, the defendant, owed Citibank approximately $74.91 million.

NEMAZEE DEFRAUDS HSBC TO PAY OFF HIS DEBT TO CITIBANK

14. Starting in or about early 2009, HASSAN NEMAZEE, the defendant, began meeting with representatives of HSBC regarding a line of credit. In the course of his meetings and communications with HSBC, NEMAZEE falsely represented, in substance and in part, to HSBC that he held two specified

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accounts at Westminster, one of which would serve as pledged collateral for the line of credit from HSBC (the "HSBC Pledged Account"). NEMAZEE further falsely represented, in substance and in part, that the HSBC Pledged Account held over $125 million in United States Treasury securities and that the other account at Westminster held over $636 million of United States Treasury securities.

15. Thereafter, in or about August 2009, HASSAN NEMAZEE, the defendant, entered into a written arrangement with HSBC whereby, in exchange for pledging the United States Treasury securities in the HSBC Pledged Account as collateral to HSBC, NEMAZEE had the right to borrow up to $100 million from HSBC (the "Secured HSBC Loan").

16. In truth and in fact, the HSBC Pledged Account did not exist and HASSAN NEMAZEE, the defendant, did not own the millions of dollars of United States Treasury securities that he had pledged to HSBC as collateral for his loans from HSBC. Nor did NEMAZEE own over $636 million in United States Treasury securities at any time during which the Secured HSBC Loan was outstanding.

17. In or about the beginning of August 2009, representatives of Citibank began to seek from HASSAN NEMAZEE, the defendant, verification of the existence of the assets held in the Citibank Pledged Account.

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

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

Bureau of Investigation. At the time, NEMAZEE was intending to

board an international flight, and questioned about, among other

things, the existence of the collateral for the Citibank loans.

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

in order to avoid discovery that the collateral for the Secured

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

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

HSBC Loan in the amount of approximately $74.91 million,

substantially all of which was used to repay NEMAZEE's

outstanding loan to Citibank.

MEANS AND METHODS BY WHICH NEMAZEE DEFRAUDED BofA, CITIBANK, AND HSBC

20. Among the means and methods by which HASSAN

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

Citibank, and HSBC were the following:

a. NEMAZEE provided to BofA, Citibank, and HSBC

fake account statements evidencing his ownership of United States

Treasury and other securities at Westminster, which contained a

telephone number purportedly for Westminster, but which was in

fact assigned to a "virtual office" that NEMAZEE himself had

established.

b. NEMAZEE forged the signatures of

representatives of Westminster, Pershing, and another entity

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relating to Pershing known as Pershing Advisor Solutions LLC

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

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

c. NEMAZEE established at least two "virtual

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

NEMAZEE's direction, as being associated with Westminster and

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

BofA, Citibank, or HSBC sought to confirm the existence of the

assets reflected on the fraudulent documents submitted by

NEMAZEE, they would, in fact, have been contacting a telephone

number at one of the virtual offices assigned to NEMAZEE himself,

and not Westminster, Pershing, or PAS.

d. NEMAZEE made partial repayments on his

borrowings from BofA with proceeds of his fraud on Citibank.

e. NEMAZEE made at least one partial repayment

on his borrowings from Citibank with proceeds of his fraud on

BofA.

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

21. Among other ways that HASSAN NEMAZEE, the

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

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were the following:

a. NEMAZEE made numerous donations to the

election campaigns of federal, state, and local candidates.

b. NEMAZEE made numerous donations to various

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political action committees.

c. NEMAZEE made numerous donations to various

charities.

d. NEMAZEE purchased real property in Italy.

e. NEMAZEE made monthly maintenance payments on the Park Avenue Apartment and paid expenses associated with the Katonah Property.

f. NEMAZEE purchased part of a yacht.

STATUTORY ALLEGATION

22. Starting in or about 1997 and continuing until in or about August 2009, in the Southern District of New York and elsewhere, HASSAN NEMAZEE, the defendant, unlawfully, willfully, and knowingly executed and attempted to execute a scheme and artifice to defraud a financial institution, the deposits of which were insured by the FDIC, and to obtain moneys, funds, credits, assets, securities, and other property owned by and under the custody and control of a financial institution, the deposits of which were insured by the FDIC, by means of false and fraudulent pretenses, representations, and promises, to wit, in order to induce BofA, including its predecessors in interest, to lend and continue to lend money to NEMAZEE, NEMAZEE falsely and fraudulently represented to BofA, including to its predecessors in interest, that, among other things, NEMAZEE owned millions of dollars of United States Treasury and other securities.

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

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COUNT TWO (Bank Fraud)

The United States Attorney further charges:

23. The allegations set forth in paragraphs 1 through

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

24. Starting in or about August 2005 and continuing

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

New York and elsewhere,HASSAN NEMAZEE, the defendant,

unlawfully, willfully, and knowingly executed and attempted to

execute a scheme and artifice to defraud a financial institution,

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

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

owned by and under the custody and control of a financial

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

means of false and fraudulent pretenses, representations, and

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

continue to lend money to NEMAZEE, NEMA.ZEE falsely and

fraudulently represented to Citibank that, among other things,

NEMAZEE owned millions of dollars of United States Treasury

securities.

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

COUNT THREE (Bank Fraud)

The United States Attorney further charges:

25. The allegations set forth in paragraphs 1 through

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

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26. Starting in or about February 2009 and continuing

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

New York and elsewhere, HASSAN NEMAZEE, the defendant,

unlawfully, willfully, and knowingly executed and attempted to

execute a scheme and artifice to defraud a financial institution,

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

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

owned by and under the custody and control of a financial

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

means of false and fraudulent pretenses, representations, and

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

NEMAZEE, NEMAZEE falsely and fraudulently represented to HSBC

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

United States Treasury securities.

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

COUNT FOUR (Wire Fraud)

The United States Attorney further charges:

27. The allegations set forth in paragraphs 1 through

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

28. From at least in or about October 2008 up to and

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

District of New York and elsewhere, HASSAN NEMAZEE, the

defendant, unlawfully, wilfully and knowingly, having devised and

intending to devise a scheme and artifice to defraud, which

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affected a financial institution, and for obtaining money and

property by means of false and fraudulent pretenses,

representations, and promises, transmitted and caused'to be

transmitted by means of wire, radio, and television communication

in interstate and foreign commerce, writings, signs, signals,

pictures, and sounds for the purpose of executing such scheme and

artifice, to wit, through the use of interstate wire

communications, including telephone calls, facsimiles, and e-

mail, NEMAZEE induced the Victim to pledge collateral in

connection with obtaining the Second Secured BofA Loan by falsely

and fraudulently representing to the Victim and BofA that, among

other things, NEMAZEE owned millions of dollars of United States

Treasury and other securities.

(Title 18, United States Code, Sections 1343 and 2.)

FORFEITURE ALLEGATION

(As to Counts One, Two, Three, and Four)

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

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

Information and the wire fraud offense alleged in Count Four of

this Information, HASSAN NEMAZEE, the defendant, shall forfeit to

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

Sections 981 (a) (1) (C) and 982 (a) (2) and Title 28, United States

Code, Section 2461, all property constituting, or derived from,

proceeds the defendant obtained directly or indirectly, as the

result of the bank fraud and wire fraud offenses, including but

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not limited to the following:

a. Approximately $292.241 million in United States currency, in that such aum in aggregate is property representing the amount of proceeds obtained as a result of the charged bank and wire fraud offenses;

b. All of the defendant's right, title, and interest in the following properties:

(1) Any and all right, tj.tle, and interest in the real property and appurtenances known as 770 Park Avenue, Units 14 and 15A, New York, New York, including any and all right, title, and interest in shares in 772 Park Avenue Corporation and any proprietary lease;

(2) Any and all right, title, and interest in the real property and appurtenances known as 99 Warren Street, Unit 5H, New York, New York, Block 142, Lot 1514;

(3) Any and all right, title, and interest in the real property and appurtenances known as 101 Warren Street, Unit 1540, New York, New York, Block 142, Lot 1624;

(4) A~y and all right, title, and interest in real property and appurtenances known as 128- 136 Mount Holly Pond, Katonah, New York, more specifically known as Section 3, Lots 13, 14,

15

and 15 on the Tax Map of the Town of Bedford,

sheet 039-018;

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

,

real property and appurtenances known as 86

Salem Road, Katonah, New York, more

specifically known as Section 3, Lot lIon

the Tax Map of the Town of Bedford, sheet

039-018;

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

real property and appurtenances known as 22

Via Della Scrofa, Rome, Italy; and

(7) Any and all right, title, and interest in

approximately 100 acres of real property and

appurtenances located in Puglia, Italy, held

in the name of Hassan Nemazee and/or Sheila

Nemazee, and known generally as "Masseria i

Fani di Salve."

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

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

or joint ventures:

(1) Nemazee Capital Corp., a New York domestic

business corporation;

(2) NCC Ltd., a British Virgin Islands business

company;

(3) Hudson River Investments, LLC, a Delaware

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limited liability companYi

(4) Houston Venture Inc., a Texas corporation;

(5) Romulus Group Holdings Ltd., a British Virgin Islands business company;

(6) Telnem Holdings, LLC, a New York limited liability company;

(7) KHN Associated, LLC, a New York limited liability company;

(8) BMC Capital Group, LLC, a Delaware limited liability company;

(9) BMC Capital Luxembourg S.a r.l., a Luxembourg limited liability company;

(10) Carret Investments Holdings, LLC, a Delaware limited liability company;

(11) Carret Global India Fund LLC, a Delaware limited liability company;

(12) Carret China Opportunity Investments Company I Ltd., a British Virgin Islands business company;

(13) Citigroup Capital Partners II Onshore L.P., a Delaware limited partnership;

(14) Contra V.C., LLC;

(15) Jayhawk Private Equity Fund, L.P., a Delaware limited partnership;

(16) Quadrangle Capital Partners LP, a Delaware 17

limited partnership;

(17) Quadrangle (Access) Capital Partners LP, a Delaware limited partnership;

(18) Quadrangle (Offshore) Capital Partners LP, a

Caymans limited partnershipi (19) Sierra Europe LPi

(20) Tailwind V.C., LLCi

(21) TLT Atlantic Capital LPi

(22) Vanterra Advantage Investments, LP, a Delaware limited partnership;

(23) 57th Street Partners, a British Virgin Islands companYi

(24) ARC Wireless Solutions, Inc., a Utah corporation;

(25) China Valves Technology, Inc., a Nevada corporationi

(26) Empire One Telecom, Inc., a Delaware corporationi

(27) Encorium Group, Inc., a Delaware corporationi (28) Evansville Ltd., a British Virgin Islands companYi

(29) Forterra Holdings Ltd., a British Virgin Islands business companYi

(30) Forterra Guarantee Ltd., a Bermuda company; (31) GNPR Investments LLC, a Delaware limited

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liability cOmpanYi

(32) Genius Products, Inc., a Delaware corporationi

(33) Genius Products, LLC, a New York limited

liability companYi

(34) HKN, Inc., a Delaware coxpoxat Lon , (35) Kingsway Financial Group, Ltd'i (36) NuStar Energy, LPi

(37) Proxim Wireless Corporation, a Delaware corporationi

(38) Sahel Holdings Ltd., a British Virgin Islands business companYi

(39) UniPureEnergy Acquisition Co., LLC, a Delaware limited liability companYi (40) World Capital Partnersi and

(41) YP Holdings Ltd., a British Virgin Islands business company.

d. All of the defendant's right, title, and interest in the following accounts:

(1) Any and all funds and other property on deposit in account number 165-28077960 held at Brean, Murray, Carret & Co. LLC in the name of Hassan Nemazeei

(2) Any and all funds and other property on deposit in account number 165-31532960 held

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at Brean, Murray, Carret & Co. LLC in the name of NCC Ltd.i

(3) Any and all funds and other property on deposit in account number P90-007684 held at Bane of America Investment Services in the name of Hassan Nemazeei

(4) Any and all funds and other property on deposit in account number P90-03042 held at Bane of America Investment Services in the name of Hassan Nemazeei

(5) Any and all funds a.nd other property on deposit in account number P90-004898 held at Bane of America Investment Services in the name of Hassan Nemazeei

(6) Any and all funds and other property on deposit in account number P90-004901 held at Bane of America Investment Services in the name of Hassan Nema.zeei

(7) Any and all funds and other property on deposit in account number P90-005762 held at Bane of America Investment Services in the name of Hassan Nemazeei

(8) Any and all funds and other property on deposit in account number P90-003336 held at Bane of America Investment Services in the

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name of Hassan Nemazeei

(9) Any and all funds and other property on deposit in account number P90-005533 held at Banc of America Investment Services in the name of Telnem Holdings, LLCi

(10) Any and funds and other property on deposit in account number P90-005525 held at Banc of America Investment Services in the name of Nemazee Capital Corp.i

(11) Any and all funds and other property on deposit in account number P90-005606 held at Banc of America Investment Services in the name of Sheila Nemazeei

(12) Any and all funds and other property on deposit in account number P90-005711 held at Banc of America Investment Services in the name of Sheila Nemazeei

(13) Any and all funds and other property on deposit in account number P90-005517 held at Banc of America Investment Services in the name of Yasmine Nemazeei

(14) Any and all funds and other property on deposit in account number P90-005452 held at Banc of America Investment Services in the name of Layla Nemazeei

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(15) Any and all funds or other property on deposit in account number 118-11951 at Bank of America Securities in the name of Hassan

Nemazeei

(16) Any and all funds or other property on deposit in account number 12339-32118 at Bank of America Securities in the name of Hudson River Investment, Inc.i

(17) Any and all funds or other property on deposit in account number 313-11985-1...,1-045 at Bank of America Securities in the name of Hudson River Investment, Inc.;

(18) Any and all funds or other property on deposit in account number 510-07709-1-5 at Bank of America Securities in the name of Sheila Nemazee;

(19) Any and all funds or other property on
deposit in account number 857-07D29 at
Merrill Lynch in the name of Hassan Nemazeei
(20) Any and all funds in account number 0095- 1162-0067 held at Bank of America, N.A., in the name of Hassan Nemazeei

(21) Any and all funds in account number 6550305831 at Bank of America, N.A., in the

name of Hassan Nemazee;

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(22) Any and all funds in account number 0095- 1162-4182 held at Bank of America, N.A., in the name of Hassan Nemazee;

(23) Any and all funds in account number 0047- 8496-1937 held at Bank of America, N~A., in the name of Hassan & Sheila Nemazeei

(24) Any and all funds in account number 0073- 7477-9492 held at Bank of America, N.A., in the name of Hassan & Sheila Nemazeei

(25) Any and all funds in account number 0073- 7477-9492 held at Bank of America, N.A., in the name of Hassan & Sheila Nemazeei

(26) Any and all funds in account number 65503053'81 at Bank of America, N .A., in the

name of Hassan Nemazeei

(27) Any and all funds and other property in account number P90-·005525 held at Bank of America, N.A., in the name of Sheila Nemazeei (28) Any and all funds in account number 967586615 held at JP Morgan Chase Bank in the name of Hassan Nemazee or §heila Nemazeei

(29) Any and all funds in account number 9253186 at JP Morgan Chase Bank in the name of Hassan

Nemazeei

(30) Any and all funds in account number 739167510 23

at JP Morgan Chase Bank in the name of Hassan Nemazee Irrevocable Trust 2003i

(31) Any and all funds in account number 967504759 at JP Morgan Chase Bank in the name of Hassan Nemazee or Yasmine Nemazeei

(32) Any and all funds in account number 967586623 at JP Morgan Chase Bank in the name of Hassan Nemazee or Sheila Nemazeei

(33) Any and all funds in account number 967270197 at JP Morgan Chase Bank in the name of Nemazee Capital Corp.i

(34) Any and all funds in account number 739221337 at JP Morgan Chase Bank in the name of Hassan Nemazee, Custodian for Yasmine Nemazeei

(35) Any and all funds in account number 739169491 at JP Morgan Chase Bank in the name of Telnem Holdings LLCi

(36) Any and all funds in account number 739169505 at JP Morgan Chase Bank in the name of Telnem Holdings LLCi

(37) Any and al funds in account number 739-177125 at JP Morgan Chase Bank in the name Romulus Group Holdings Ltd.i

(38) Any and all funds in account number 41434673 at Citibank, N.A., in the name of Hassan

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Nemazeei

(39) Any and all funds in account number 20897708 at eitibank, N.A., in the name of Hassan Nemazee and/or Sheila Nemazeei

(40!) Any and all funds in account number 21308397 at eitibank, N.A., in the name of Hassan Nemazee and/or Sheila Nemazeei

(41) Any and all funds in account number 2192675 at eitibank, N.A., in the name of Hassan Nemazeei

(42) Any and all funds in account number 45E507260000 at eitibank, N.A., in the name

of Hassan Nemazeei

(43) Any and all funds in account number 2192675 at eitibank, N.A., in the name of Hassan

Nemazeei

(44) Any and all funds in account number 165- 31532-1-1 at eitibank, N.A., in the name Nee Limitedi

(45) Any and all funds or other property on deposit in account number 30604518 at eitigroup Global Markets in the name of Kamyar M. Nemazeei

(46) Any ahd all funds or other property deposit in account number 15F03289 at Smith Barney ih

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the name of Hassan Nemazee;

(47) Any and all funds in account number 50611 at Bank Julius Baer in the name of Goldsboro

Investments;

(48) Any and all funds and other property in account number 50712 at Bank Julius Baer in the name of Hudson River Investments;

(49) Any and all funds and other property in account number 426858 at Bank Julius Baer in the name of Hudson River Investments;

(50) Any and all funds and other property in

account number 120691 at Bank Julius Baer in the name of Hassan Nemazeei

(51) Any and all funds and other property in account number 418681 at Bank Julius Baer in the name of Houston venture Inc.i

(52) Any and all funds and other property in account number 047622 at Landsbanki Securities (UK) Limited in the name of NCC Ltd. i and

(53) Any and all funds in account number 80000318601 at First Republic Bank in the name of AMI Partners LLC.

e. All of the defendant's right, title, and interest in the loan and any resulting proceeds of approximately

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

f. All of the defendant's right, title, and interest in the following personal property:

(1) all proceeds of the sale of a blue 2008 Maserati Quattroporte, vehicle identification number ZAMFE39A080034911, in the approximate amount of $68,500;

(2) a 2002 BMW 330i sedan, vehicle identification number WBAEV534X2KM22834; and

(3) a 2007 Cessna Model 680, registration number 680-0124, Tail number N622CS, including but not limited to all proceeds of the defendant's re-conveyance of his interest to CitationShares Sales, Inc.

Substitute Assets Provision

30. If any of the above-described forfeitable property, as a result of any act or omission of the defendant: .

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third person;

c. has been placed beyond the jurisdiction of the Court;

d. has been substantially diminished in value; or

e. has been commingled with other property which

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cannot be subdivided without difficultYi

it is the intent of the United States, pursuant to Title 18,

United States Code, Section 982(b) and Title 21, United States

Code, Section 853(p), to seek forfeiture of any otper property of

said defendant up to the value of the above forfeitable property.

(Title 18, United States Code, Sections 981 (a) (1) (C), 982 (a) (2) and (b) i Title 21, United States Code, Section 853(p) i and Title 28, United States Code, Section 2461.)

PREET BHARARA

United States Attorney

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