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Levy, Ezra Complaint

Levy, Ezra Complaint

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Published by ldelevingne

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Published by: ldelevingne on Nov 10, 2009
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05/25/2012

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Approved:
Before:
WILLIAM
J.
STELLMACH
DAVID
I.
MILLER
Assistant
United
States
Attorneys
HONORABLE
RONALD
L.
ELLIS
United
States
Magistrate
Judge
Southern
District
of
New
yo
9
IVL\b
---------------x
SEALED
COMPLAINT
UNITEDSTATESOFAMERICA-
v.
-EZRALEVY,
Defendant.
---------------x
SOUTHERN
DISTRICT
OF
NEW
YORK,
ss.:
Violationsof
15
U:S.C.
§§78j
(b),
78ff;
17
C.F.R.
§
240.10b-S;
and
18
U.S.C.
§
1343
and
2.
COUNTY
OF
OFFENSE:
NEW
YORKAND
ELSEWHERE
\
ROBERT
W.
MANCHAK,
beingduly
sworn,
deposes
and
says
that
he
is
a
Criminal
Investigator
with
the
United
StatesAttorney's
Office
for
the
Southern
pi
strict
of
New
York
and
chargesasfollows:
COUNTONE
(Securities
Fraud)
1.
In
or
about
June
2009,
in
the
Southern
District
of
New
York
and
elsewhere,
EZRA
LEVY,
the
defendant,unlawfully,
willfully
and
knowingly,
directly
and
indirectly,
by
the
use
of
means
and
instrumentalities
of
interstate
commerce,
the
mails
and
the
facilities
of
national
securities
exchanges,
did
use
andemploy,
in
connection
with
the
purchase
and
sale
ofthe
common
stock
ofAtlas
Energy
("ATLS")
and
Atlas
Energy
Resources
("ATN"),
manipulative
and
deceptivedevices
and
contrivances,
in
violation
of
Title
17,
Code
ofFederal
Regulations,
Section
240.10b-S,
by:
(a)
employing
devices,
schemes
and
artifices
to
defraud;
(b)
making
untruestatements
of
material
facts
and
omitting
to
state
material
facts
necessary
in
order
to
make
the
statements
made,
in
light
of
the
circumstances
under
which
they
 
were
made,
notmisleading;
and
(c)
engaging
in
acts,practices
and
coursesofbusiness
which
operated
and
would
operate
as
a
fraud
and
deceit
upon
persons
and
entities.
(Title
15,
United
States
Code,
Sections
78j
(b)
&
78ff;
Title
17,
Code
of
Federal
Regulations,
Section
240.10b-5,
and
Title
18,
United
States
Code,
Section
2.)
COUNTS
TWO
THROUGH
ELEVEN
(WireFraud)
2.
On
or
about
thedates
set
forth
below,
in
theSouthern
District
of
New
York
and
elsewhere,
EZRA
LEVY,
thedefendant,
unlawfully,
wilfully,
andknowingly,
having
devised
and
intending
to
devise
a
scheme
and
artifice
to
defraud
and
to
obtain
money
and
property
by
means
of
false
and
fraudulent
pretenses,representations
and
promises,
transmitted
and
caused
to
be
transmitted
by
means
of
wire
communication
in
interstate
and
foreign
commerce,
the
following
writings,signs,
signals,
pictures,
andsounds
for
the
purpose
of
executing
such
scheme
and
artifice:
COUNT
DATEWIRECOMMUNICATION
TWO
January
5,
2009
$60,000
wire
transfer
from
a
bank
account
in
Minnesota
to
a
bank
account
in
New
York,
NY
THREE
February
2,
2009
$66,666
wire
transfer
from
a
bank
account
in
Minnesota
to
a
bank
account
in
New
York,
NY
FOUR
March
2,
2009
$66,666
wire
transfer
from
a
bank
account
in
Minnesota
to
a
bank
account
in
New
York,
NY
2
 
FIVE
April
2/
2009
$66/666
wire
transfer
from
a
bank
account
in
Minnesota
to
a
bank
account
in
New
York,
NY
SIX
May
1/
2009
$66/666
wire
transfer
from
a
bank
account
in
Minnesota
to
a
bank
account
in
New
York,
NY
SEVEN
June
1/
2009
$66/666
wire
transfer
from
a
bank
account
in
Minnesota
to
a
bank
account
in
New
York,
NY
EIGHT
July
1/
2009
$66/666
wire
transfer
from
a
bank
account
in
Minnesota
to
a
bank
account
in
New
York,
NY
NINE
August
3/
2009
$66/666
wire
transfer
from
a
bank
account
in
Minnesota
to
a
bank
account
in
New
York,
NY
TEN
September
1/
2009
$66/666
wire
transfer
from
a
bank
account
in
Minnesota
to
a
bank
account
in
New
York,
NY
ELEVEN
October1/
2009
$66/666
wire
transfer
from
a
bank
account
in
Minnesota
to
a
bank
account
in
New
York,
NY
3

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