Professional Documents
Culture Documents
Bribery/Rewarding Official Misconduct
Enterprise Corruption
No Transaction Done With Proceeds
Scheme to Defraud
(Point I(A)(1)), or, in the alternative,
Martin Act Charge Based On Mere
Accomplice Liability (Point I(C)(4))
Improper Grand Jury Instruction
Odyssey And Access Got Benefit
Alleged Fraud Did Not Go to the
Vague As Applied (Point I(A)(2))
(Point III)
Basis of the Bargain (Point I(B))
(Point II)
Non‐Disclosure Unsustainable
Martin Act Unconstitutionally
Business Records (Point VI(C))
Of Their Bargain (Point IV(A))
Did Not Cause Any Falsity In
Obtained No Property At All
Accomplice Testimony Not
Partner Cannot Steal From
Corroborated (Point IV(D))
Present Filing (Point V(B))
on Security (Point I(D)(3))
Partnership (Point IV(C))
Documents (Point VI(B))
Filings Not Instruments
Jurisdiction (Point V(E))
No Intent To Promote
No Intent To Defraud
No Intent To Defraud
The State (Point V(D))
Documents Are True
No Duty To Speak
(Points I(C)(1)‐(3))
(Point I (D)(1),(2))
No Concealment
Did Not Offer Or
Documents Not
Filings Not False
(Point VII(B)(2))
(Point VII(B)(1))
(Point VII(B)(3))
No Geographic
Not Securities
No Basis for
(Point VI(D))
(Point VI(A))
(Point IV(B))
No Reliance
(Point V(A))
(Point V(C))
(Point VIII)
(Point I(E))
Count 1 Enterprise Corruption §460.20(1)(a) X
Count 2 Martin Act Felony §352‐c(6) X X X X X
Partners V
FS Equity
X X X X X
Partners III
Investment
1 of 3
Summary Chart of Arguments by Count
Martin Act Violations Grand Larceny Offering A False Instrument For Filing Falsifying Business Records Money Laundering
(Point I) (Point IV) (Point V) (Point VI) (Point VII)
Bribery/Rewarding Official Misconduct
Enterprise Corruption
No Transaction Done With Proceeds
Scheme to Defraud
(Point I(A)(1)), or, in the alternative,
Martin Act Charge Based On Mere
Accomplice Liability (Point I(C)(4))
Improper Grand Jury Instruction
Odyssey And Access Got Benefit
Alleged Fraud Did Not Go to the
Vague As Applied (Point I(A)(2))
(Point III)
Basis of the Bargain (Point I(B))
(Point II)
Non‐Disclosure Unsustainable
Martin Act Unconstitutionally
Business Records (Point VI(C))
Of Their Bargain (Point IV(A))
Did Not Cause Any Falsity In
Obtained No Property At All
Accomplice Testimony Not
Partner Cannot Steal From
Corroborated (Point IV(D))
Present Filing (Point V(B))
on Security (Point I(D)(3))
Partnership (Point IV(C))
Documents (Point VI(B))
Filings Not Instruments
Jurisdiction (Point V(E))
No Intent To Promote
No Intent To Defraud
No Intent To Defraud
The State (Point V(D))
Documents Are True
No Duty To Speak
(Points I(C)(1)‐(3))
(Point I (D)(1),(2))
No Concealment
Did Not Offer Or
Documents Not
Filings Not False
(Point VII(B)(2))
(Point VII(B)(1))
(Point VII(B)(3))
No Geographic
Not Securities
No Basis for
(Point VI(D))
(Point VI(A))
(Point IV(B))
No Reliance
(Point V(A))
(Point V(C))
(Point VIII)
(Point I(E))
Capital Partners
(NY)
Fund
2 of 3
Summary Chart of Arguments by Count
Martin Act Violations Grand Larceny Offering A False Instrument For Filing Falsifying Business Records Money Laundering
(Point I) (Point IV) (Point V) (Point VI) (Point VII)
Bribery/Rewarding Official Misconduct
Enterprise Corruption
No Transaction Done With Proceeds
Scheme to Defraud
(Point I(A)(1)), or, in the alternative,
Martin Act Charge Based On Mere
Accomplice Liability (Point I(C)(4))
Improper Grand Jury Instruction
Odyssey And Access Got Benefit
Alleged Fraud Did Not Go to the
Vague As Applied (Point I(A)(2))
(Point III)
Basis of the Bargain (Point I(B))
(Point II)
Non‐Disclosure Unsustainable
Martin Act Unconstitutionally
Business Records (Point VI(C))
Of Their Bargain (Point IV(A))
Did Not Cause Any Falsity In
Obtained No Property At All
Accomplice Testimony Not
Partner Cannot Steal From
Corroborated (Point IV(D))
Present Filing (Point V(B))
on Security (Point I(D)(3))
Partnership (Point IV(C))
Documents (Point VI(B))
Filings Not Instruments
Jurisdiction (Point V(E))
No Intent To Promote
No Intent To Defraud
No Intent To Defraud
The State (Point V(D))
Documents Are True
No Duty To Speak
(Points I(C)(1)‐(3))
(Point I (D)(1),(2))
No Concealment
Did Not Offer Or
Documents Not
Filings Not False
(Point VII(B)(2))
(Point VII(B)(1))
(Point VII(B)(3))
No Geographic
Not Securities
No Basis for
(Point VI(D))
(Point VI(A))
(Point IV(B))
No Reliance
(Point V(A))
(Point V(C))
(Point VIII)
(Point I(E))
Count 84 Martin Act Felony §352‐c(6) X X X X X X
Count 85 Martin Act Misdemeanor §352‐c(1), c(4) X X X X
Access/NY European Fund
Fund/CSG
Capital
Ltd.
3 of 3