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Criminal Indictment — United States v. Milan Patel (N.D. Ga., Dkt. 1, April 19, 2023)

Summary

Criminal Indictment filed April 19, 2023, in the Northern District of Georgia against day trader Milan Patel. Count One charges conspiracy to commit securities fraud: from about October 2017 to about January 2020, Patel, Bart Ross, Mark Melnick, Charles Parrino, Anthony Salandra and others are alleged to have traded short-term call options based on materially false rumors they generated and spread through Trillian chats and market subscription services. It alleges Patel executed at least 100 trades and earned at least $1 million in profits, with trade examples involving International Paper and Pacific Gas & Electric. A forfeiture provision for Counts One through Sixteen seeks a money judgment.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Criminal Indictment — United States v. Milan Patel (N.D. Ga., Dkt. 1, April 19, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-23-cr-00126-dkt-1-n-d-ga-683289e366/, SHA-256 054c10b861c679963ebca52626bab03b7702c4ec58e709a06a30139765908164.

Full text

            Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 1 of 40


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         UNIT ED ST ATES OF AMERICA

               V.
                                                    Criminal Indictment

         MILAN PATEL



      THE GRAND JURY CHARGES THAT:

                                             Count One
                    (18 U.S.C. § 371 -- Conspiracy to Commit Securities Fraud)

         1. Beginning no later than in or about October 2017 and continuing until in or

      about January 2020, the exact dates being unknown, in the Northern District of
      Georgia and elsewhere, the defendant, MILAN PATEL, Bart Ross, Mark
      Melnick, Charles Parrino, Anthony Salandra, and others known and unknown to
      the Grand Jury, did knowingly and willfully combine, conspire, confederate,
      agree, and have a tacit understanding with each other to commit an offense
      against the United States, namely, securities fraud, that is, to willfully and
      knowingly, by the use of means and instrumentalities of interstate commerce, the
      mails, and the facilities of national securities exchanges, directly and indirectly,
      use and employ manipulative and deceptive devices and contrivances in
      connection with the purchase and sale of securities, and did (a) employ a device,
      scheme, and artifice to defraud; (b) make untrue statements of material facts and
      omit to state material facts necessary in order to make the statements made, in
      Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 2 of 40




light of the circumstances under which they were made, not misleading; and (c)

engage in acts, practices, and courses of business which would and did operate

as a fraud and deceit upon others, in connection with the purchase and sale of

said securities, in violation of Title 15, United States Code, Sections 78j(b) and

78ff(a), and Title 17, Code of Federal Regulations, Section 240.l0b-5.

                                     Background

At all times relevant to this Indictment:

   2. The United States Securities and Exchange Commission ("SEC") was an

independent agency of the United States charged with enforcing the federal

securities laws, which are designed to provide the investing public with full

disclosure of all material facts regarding matters involving the offer, purchase,

and sale of securities, among other things. These laws protect the investing

public in the purchase of stock that is publicly distributed by maintaining fair
and honest securities markets and eliminating manipulative practices that tend
to distort the fair and just price of stock. The SEC regulated, among other things,

the offers and sales of securities. For a company to offer or sell its securities to the

public, federal securities laws, specifically Section 5 of the Securities Act of 1933,
required that the company first file a registration statement with the SEC or that

the transaction be exempt from registration. The requirement of a registration

statement was designed, in part, to protect the general investing public by

requiring detailed disclosures about a company's actual operations and financial

condition.



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'


       3. The Financial Industry Regulatory Authority, Inc. ("FINRA") was an

    industry organization representing persons and companies involved in the

    securities industry in the United States. It was a self-regulatory organization

    responsible for the regulation of its industry, with oversight from the SEC.

    FINRA licensed individuals and admitted firms to the industry, wrote rules to

    govern their behavior, examined them for regulatory compliance, and was

    sanctioned by the SEC to discipline registered representatives and member firms

    that failed to comply with the federal securities laws and FINRA' s rules and

    regulations.

       4. Trillian was a proprietary multiprotocol instant messaging application

    created by Cerulean Studios, LLC. Trillian allowed users to connect with

    multiple instant messaging services, including Google Talk, Facebook

    Messenger, AOL Instant Messenger, and Yahoo! Messenger. The advantage of
    using Trillian is that a user does not need to be logged into separate applications

    to chat across multiple platforms.

       5. A call option for stocks was, in substance, a contract that gave the option's

    owner the right, but not the obligation, to buy shares of the underlying stock at a

    set price per share, known as the option's strike price, on or before a set future

    date, known as the option's expiration date. Generally, the holder of a call option

    benefited when the price of the underlying stock increases. Short-term call

    options generally expire within a week.




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L   1




           6. Trade The News, TradeXchange, Benzinga, RANsquawk, and T3 Live,

        LLC are examples of "market subscription services." These subscription services

        disseminated market-related rumors and news.

           7. Defendant MILAN PATEL was a day trader who resided in the Northern

        District of Georgia. Defendant PATEL had a Trillian account. The conspirators
        referred to defendant PATEL as "the Pope."

           8. Bart Ross resided in the Northern District of Georgia. Ross was previously
        registered with FINRA as a registered broker and employed at T3 Trading

        Group, LLC. Ross had a Trillian account.

           9. Mark Melnick resided in New Jersey and was a T3 Live Senior Trading
        Strategist and T3 Live contributor. Melnick has been a professional day trader

        since approximately 1999. Melnick operated a video feed on the T3 Live platform
        through which Melnick provided real-time stock and options trade ideas to his
        subscribers during trading hours in a live, interactive trading room. Melnick had

        a Trillian account.
           10. Charles Parrino resided in New Jersey and Florida and was registered with
        FINRA as a registered broker. Parrino was employed by T3 Trading from
        approximately January 2011 until July 2019. Parrino had a Trillian account.
           11. Anthony Salandra resided in Florida and was registered with FINRA as a

        registered broker. Salandra was employed by Chimera Securities, an SEC-

        registered broker-dealer, from approximately August 2014 until August 2019.

        Salandra had been previously employed by T3 Trading, another SEC-registered
        broker-dealer. Salandra had a Trillian account.


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           Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 5 of 40
l,




                          The Fraudulent Rumor Trading Scheme

        12. Beginning no later than in or about October 2017 and continuing until in or
     about January 2020, the defendant, MILAN PATEL, Ross, Melnick, Parrino,
     Salandra, and others known and unknown to the Grand Jury executed a scheme

     in which they traded securities, primarily short-term call options, in publicly

     traded companies (e.g., Disney, Kellogg, and Yelp) based on materially false
     rumors about those companies that the conspirators had generated and

     disseminated. These materially false rumors were intended to drive up the price
     of the securities (both the underlying stock and options).
        13. During the relevant period, defendant PATEL executed at least 100 trades

     consistent with the alleged securities fraud scheme, including executing the

     trades alleged in this Indictment. In total, defendant PATEL earned at least $1

     million in profits from executing trades based on materially false rumors that
     were generated and disseminated by the conspirators.
                           Manner and Means of Trading Scheme
        14. Parrino, Salandra, Ross and the other conspirators drafted and generated a
     variety of false rumors about the publicly traded companies, such as fake rumors

     that a company was involved in an acquisition or spinoff, or that a prominent
     investor intended to make a sizeable investment in a company. The materially

     false rumors would sometimes have to be revised and reformulated in response
     to input from defendant PATEL.

        15. The conspirators communicated in a variety of ways, including using
     Trillian, Skype, telephone calls, and email. With respect to drafting and finalizing


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the materially false rumors, the conspirators communicated by exchanging

electronic messages on Trillian.

   16. Defendant PATEL and Melnick would often discuss via Trillian chat

exchanges, over Skype, and during telephone conversations, whether a particular

false rumor would be successful. Melnick provided defendant PATEL with a

"technical evaluation" regarding the particular stock under discussion.

   17. Once the rumor was formulated, defendant PATEL was responsible for

disseminating the rumor via Trillian to multiple accounts, which in turn would

result in the materially false rumor being disseminated via one or more

subscription services, including Trade The News, TradeXchange, and Benzinga,

and via Twitter accounts. Defendant PATEL made the ultimate determination

whether one of the materially false rumors developed by the conspirators would

be disseminated.
   18. Before defendant PATEL disseminated the rumor, defendant PATEL and

the other conspirators would typically acquire a position in the publicly traded
company that was the subject of the materially false rumor. The conspirators
typically purchased short-term call options before (sometimes just minutes or

seconds before) defendant PATEL disseminated the rumor. The conspirators

often (but not always) purchased short-term call options because the price of

such options is more sensitive than the price of the underlying stock.

Accordingly, it was possible for the conspirators to make greater percentage

returns by trading short-term call options rather than the underlying stock.




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   19. The conspirators profited from their scheme by selling the options (or

other securities) after they increased in price. Defendant PATEL and the other

conspirators typically began selling off their positions shortly after the rumor

was disseminated (after the price of the option or underlying stock had

increased).
   20. After trading on the fraudulent rumors, the conspirators would sometimes

exchange Trillian messages discussing whether a given fraudulent rumor
worked, that is, whether the conspirators traded profitably on the rumor.

   21. Melnick had an agreement with defendant PATEL under which he would
share a portion of his profits with defendant PATEL from the above-described
securities fraud scheme.

              Examples of Trades on Materially Fraudulent Rumors
January 2018 International Paper trade

   22. International Paper was one of the world's leading producers of fiber-
based packaging, pulp, and paper, headquartered in Memphis, Tennessee.
International Paper was publicly traded under the ticker symbol "IP" on the
New York Stock Exchange. International Paper's securities were registered with
the SEC pursuant to Section 12(b) of the Securities Exchange Act of 1934.

   23. On or about January 18, 2018, at approximately 10:02 a.m., Parrino sent

defendant PATEL a Trillian chat message with the following materially false
rumor: "IP Hearing privately held Koch Industries Inc. is nearing a deal to buy

International Paper Co. (IP) for close to $72.50 per share. unconfirmed."




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   24. On or about January 18, 2018, at approximately 11:21 a.m., defendant

PATEL sent two Trillian chat messages to Parrino stating "bought ip" and "ip

long." Parrino responded "k[.]"
   25. On or about January 18, 2018, between approximately 11:19:58 a.m. and

11:20:31 a.m., defendant PATEL purchased short-term call options in

International Paper.

   26. On or about January 18, 2018, at approximately 11:21:15 a.m., seconds after
sending the above messages to Parrino, defendant PATEL sent out the materially

false rumor about IP to multiple Trillian accounts stating," IP Hearing privately
held Koch Industries Inc. is nearing a deal to buy International Paper Co. for
close to $72.50 per share. unconfirmed."

   27. On or about January 18, 2018, between approximately 11:23:10 a.m. and

11:46:23 a.m., defendant PATEL profitably sold off his position in International
Paper.
   28. The next morning, on or about January 19, 2018, Parrino sent defendant
PATEL the following Trillian message: "fyi I traded ZERO options in IP yest.

Retarded. Flipped some stock and watched it go higher."
February 2018 Pacific Gas & Electric Company trade

   29. Pacific Gas & Electric Company ("PG&E") was one of the largest combined

natural gas and electric energy companies in the United States. PG&E was a
leading subsidiary of PG&E Corporation, which publicly traded under the ticker

symbol "PCG" on the New York Stock Exchange. PG&E Corporation's securities




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were registered with the SEC pursuant to Section 12(b) of the Securities Exchange

Act of 1934.
   30. On or about February 1, 2018, at approximately 10:06:59 a.m., Salandra

sent the following message via Trillian to Ross and Parrino: "PCG whats up[?]"
Ross responds to Salandra and Parrino: "working on it."

   31. On or about February 1, 2018, at approximately 10:11:06 a.m., defendant
PATEL sent Parrino a message on Trillian that read: "needa homer." Parrino

responds "yup. Roku ea damn[.]"
   32. On or about February 1, 2018, at approximately 10:25:02, Parrino sent a
draft of the materially false rumor about PG&E to Ross and Salandra via Trillian

that read:" A spokeswoman for the California Department of Forestry and Fire

Protection is stating that after thorough investigation it has determined that the

fires that decimated a Santa Rosa neighborhood and killed 21 people was caused
by electrical equipment owned, installed, and maintained by a third party
exonerating Pacific Gas and electric Co. (PCG) from all liability."
   33. On or about February 1, 2018, at approximately 10:30:44 a.m., Ross sent
Salandra and Parrino a Trillian message that he "will let you know when I buy."

   34. On or about February 1, 2018, at approximately 11:37:14 a.m., Ross sent
Salandra and Parrino a Trillian message that he "bought PCG." Parrino replied
to Ross and Salandra via Trillian, "gimme 5 mins." Parrino then sent a Trillian
message to defendant PATEL at approximately 11:37:40 a.m . stating, "pik up."
   35. On or about February 1, 2018, at approximately 11:40:57 a.m., Parrino sent

defendant PATEL a Trillian message with the following materially false rumor


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about PG&E: "A spokeswoman for the California Department of Forestry and

Fire Protection is stating that after thorough investigation it has determined that

the fires that decimated a Santa Rosa neighborhood and killed 21 people was

caused by electrical equipment owned, installed, and maintained by a third party

exonerating Pacific Gas and electric Co. (PCG) from all liability." At

approximately 11:45:44 a.m., Parrino sent the same materially false rumor to Ross

and Salandra via Trillian.

   36. On or about February 1, 2018, between approximately 11:41:16 a.m. and

11:41:59 a.m., defendant PATEL purchased PCG short call options. Between

approximately 11:36:16 a.m. and 11:49:04 a.m., Ross, Parrino, and Salandra also

purchased PCG securities.

   37. On or about February 1, 2018, between approximately 11:48:37 a.m. and

11:48:59 a.m., defendant PATEL sent out the materially false rumor about PG&E
to multiple Trillian accounts reading: "PCG :Hearing chatter the California

Department of Forestry and Fire Protection is stating that after a thorough

investigation it has determined that the fires that decimated a Santa Rosa

neighborhood and killed 21 people was caused by electrical equipment owned,

installed, and maintained by a third party exonerating Pacific Gas and electric

Co. (PCG) from all liability. unconfirmed."

   38. On or about February 1, 2018, between approximately 11:49:36 a.m. and
11:49:54 a.m., defendant PATEL profitably sold off his position in PG&E

Corporation.




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        39. On or about February 1, 2018, at approximately 11:49:26 a.m., defendant
     PATEL sent Parrino a Trillian message that stated: "that was I." At

     approximately 11:52:16 a.m., defendant PATEL received from a Trillian account

     with the username "swat.options/' the following message: "BOOOOM."

     Defendant PATEL responded: "god dman [sic]. Lol."
        40. On or about February 1, 2018, between approximately 11:52:26 a.m. and
     11:52:34 a.m., defendant PATEL received the following messages from a Trillian
     account with the username "saulrosenberg": "that's a great one. there's the
     homer you've been waiting on."
        41. On or about February 1, 2018, at approximately 11:53 a.m., trading was
     temporary halted in PG&E Corporation.
        42. On or about February 1, 2018, between approximately 11:49:40 a.m. and
     12:00:54 p.m., Ross, Parrino, and Salandra also profitably sold off their positions
     in PG&E Corporation.
     March 2018 Disney trade
        43. The Walt Disney Company ("Disney") was one of the largest mass media
     and entertainment conglomerates in the world. Disney publicly traded under the
     ticker symbol "DIS" on the New York Stock Exchange. Disney's securities were

     registered with the SEC pursuant to Section 12(b) of the Securities Exchange Act
     of 1934.
        44. On or about March 7, 2018, between approximately 11:30 a.m. and 11:40
     a.m ., Ross sent Parrino a Trillian chat message with two similarly phrased
     Disney-related materially false rumors: (1) "Walt Disney Co. has hired Goldman


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sachs [sic] to spin off ESPN and their theme parks. The deal will enchane [sic]

shareholder value, and according to one analyst could leave [sic] to an eventual

sale of the company. Price tags could fetch over $175 per share according to

analysts"; and (2) "Walt Disney Co. (DIS) has reportedly hired Goldman Sachs in

an effort to spin off their ESPN unit and their theme parks. According to one

analyst the break-up could exceed $175 per share, and an eventual sale of the

company." This rumor relating to Disney, namely, that Disney purportedly hired

Goldman Sachs to help spin off several assets, including ESPN and its theme

parks, was materially false.

   45. On or about March 7, 2018, at approximately 11:54 a.m., Ross sent Parrino

a Trillian message advising him that he spoke with defendant PATEL by phone

and gave defendant PATEL the Disney-related rumor. Parrino then asked to

speak with Ross by telephone.

   46. On or about March 8, 2018, at approximately 7:48 a.m., Ross sent Parrino
the following Trillian message: "send me disney story." In response, Parrino sent
Ross a third, slightly different version of the Disney-related rumor, which read:
"According to sources, Walt Disney Co. (DIS) has reportedly hired Goldman

Sachs to spin off their theme parks and ESPN. According to one analyst the

break-up value could exceed $175 per share and may lead to an eventual sale of

the company, unconfirmed." Ross replied to Parrino, "doesn't read great," to

which Parrino responded, "back to the drawing board."




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   47. On or about March 8, 2018, between approximately 8:10 a.m. and 9:52 a.m .,
Ross and Parrino exchanged multiple messages via Trillian in which they revised

the false Disney rumor.

   48. On or about March 8, 2018, during the time when Ross and Parrino were

exchanging messages, defendant PATEL sent Ross a Trillian message requesting

that Ross call defendant PATEL.
   49. On or about March 8, 2018, at approximately 9:53:14 a.m., Ross sent
defendant PATEL a Trillian message with the Disney-related rumor, which read,

"Walt Disney Co. (DIS) has reported! [sic] Sachs to spin off their theme parks and

ESPN. According to one analyst the break-up value could exceed $155 per share

and may lead to an eventual sale of the company."
   50. Between on or about March 6, 2018 and on or about March 7, 2018, Ross
purchased short-term call options in Disney.
   51. On or about March 7, 2018, defendant PATEL purchased short-term call

options in Disney.
   52. On or about March 7, 2018, Salandra and Parrino purchased short-term call
options and stock in Disney.
   53. On or about March 8, 2018, at approximately 9:57 a.m., defendant PATEL
purchased additional short-term call options in Disney.
   54. On or about March 8, 2018, between approximately 9:51:05 a.m. and

9:57:40 a.m., Melnick, Salandra, and Parrino purchased short-term call options

and other securities in Disney.




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   55. On or about March 8, 2018, at approximately 9:57:32 a.m., defendant
PATEL sent out the materially false rumor about Disney to multiple Trillian

accounts, including Salandra. Defendant PATEL sent out the rumor stating, "DIS

Chatter hearing hired GS to spin off their theme parks and ESPN. According to

one analyst the break-up fee value could exceed $155 per share and may lead to

an eventual sale of the company, unconfirmed."
   56. On or about March 8, 2018, at approximately 9:58:50 a.m., Benzinga Chat
(BenzingaCharlie) posted "DIS spinoff chatter."

   57. On or about March 8, 2018, at approximately 10:04:21 a.m., RANsquawk
posted "RANsquawk sources note Disney (DIS) may be selling off ESPN and
Theme Park assets 'unconfirmed."'

   58. On or about March 8, 2018, between approximately 9:58:30 a.m. and

10:29:01 a.m., defendant PATEL profitably sold off his position in Disney.
   59. On or about March 8, 2018, Melnick, Parrino, Ross, and Salandra profitably
sold off their positions in Disney beginning at approximately 9:58:42 a.m. and
continuing until approximately 3:19 p.m.
April 2018 Ben Franklin trade

   60. Franklin Resources Inc. ("Ben Franklin") was a global investment firm

referred to as Franklin Templeton. Ben Franklin was publicly traded under the
ticker symbol "BEN" on the New York Stock Exchange. Ben Franklin's securities
were registered with the SEC pursuant to Section 12(b) of the Securities Exchange

Act of 1934.




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   61. On or about April 17, 2018, Ross and Parrino exchanged multiple Trillian

chat messages about a materially false rumor involving Ben Franklin. Ross and

Parrino exchanged slightly different formulations (or drafts) of the rumor that

BlackRock, Inc., a global investment firm based in New York, may make an offer

to acquire Ben Franklin.
   62. On or about April 18, 2018, at approximately 9:27:43 a.m., Ross sent

Parrino via Trillian the following version of the materially false rumor about Ben

Franklin: "BlackRock (BLK) has offered to acquire Franklin Resources (BEN) ina
[sic] cash transaction valuing the fund at $55 per share." Parrino replied via

Trillian to Ross, acknowledging that he received the rumor.
   63. On or about April 18, 2018, at approximately 10:15 a.m., Parrino sent the

materially false Ben Franklin rumor back to Ross via Trillian.
   64. On or about April 18, 2018, at approximately 10:23:28 a.m., Salandra sent
the materially false rumor about Ben Franklin via Trillian to defendant PATEL.
   65. On or about April 18, 2018, between approximately 10:05:56 a.m. and
10:08:35 a.m., Ross purchased short-term call options in Ben Franklin.
   66. On or about April 18, 2018, between approximately 10:25:34 a.m. and
10:25:35 a.m ., defendant PATEL purchased short-term call options in Ben

Franklin.
   67. On or about April 18, 2018, at approximately 10:26:10 a.m., Melnick

purchased short-term call options in Ben Franklin.




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'-




        68. On or about April 18, 2018, between approximately 10:09:23 a.m. and

     10:25:59 a.m., Salandra purchased short-term call options and stock in Ben

     Franklin.

        69. On or about April 18, 2018, between approximately 10:09:23 a.m. and

     10:26:23 a.m., Parrino purchased short-term call options and stock in Ben

     Franklin.
        70. On or about April 18, 2018, at approximately 10:26:13 a.m., defendant

     PATEL sent out the materially false rumor about Ben Franklin to multiple

     Trillian accounts. Defendant PATEL sent out the rumor stating, "BlackRock
     (BLK) has offered to acquire Franklin Resources (BEN) in a cash transaction

     valuing the fund at $55 per share (unconfirmed)."
        71. On or about April 18, 2018, at approximately 10:27:30 a.m., Benzinga Chat

     (BenzingaCharlie) posted "BLK BEN chatter," and at approximately 10:29:12
     a.m., RANsquawk posted, "Takeover talks for Franklin Resources (BEN);
     Blackrock touted as a potential suitor for USD 55/shr; unconfirmed."
        72. On or about April 18, 2018, between approximately 10:26:53 a.m. and
     10:43:09 a.m., defendant PATEL profitably sold his position in Ben Franklin.
        73. On or about April 18, 2018, beginning at approximately 10:26:42 a.m. and

     continuing until about 2:18:36 p.m., Melnick, Parrino, Ross, and Salandra

     profitably sold their positions in Ben Franklin.
     June 2019 BlackBerry Trade

        74. BlackBerry Limited ("BlackBerry") was a Canadian software company
     specializing in cybersecurity. BlackBerry was publicly traded under the ticker


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symbol "BB" on the New York Stock Exchange. BlackBerry's securities were

registered with the SEC pursuant to Section 12(b) of the Securities Exchange Act

of 1934.

   75. On or about June 10, 2019, defendant PATEL had the following exchange

via Trillian with username "joecttrde3":

           a. At approximately 12:51:01 p.m., joecttrade3 sent: "That CrowdStrike

              IPO now valued to come at approx $6B, vs the $1.SB BB paid for
              Cylance. CrowdStrike does a little more revs than Cylance, but still,
              both originated from Mcafee. was my email A[.]"

           b. Defendant PATEL responded a few seconds later: "god damn. both

              form [sic] mcaffe[.]"

           c. joecttrade3 responded: "correct"

           d. Defendant PATEL responded: "keep it low key. [I] think u onto
              something big."
   76. On or about June 10, 2019, defendant PATEL purchased shares and

options in BlackBerry.
   77. On or about June 11, 2019, between approximately 9:24:41 a.m. and
10:02:07 a.m., defendant PATEL purchased additional short-term call options. In
addition, between approximately 9:03:30 a.m. and 10:05:54 a.m., Melnick,

Parrino, and Salandra also acquired positions in BlackBerry.
   78. On or about June 11, 2019, at approximately 9:59:07 a.m., defendant

PATEL received a Trillian message from Parrino with the following materially

false rumor about BlackBerry: "BB Various news outlets are hearing strong


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reports that Elliott Management Corp. has accumulated a major stake in

BlackBerry Limited (BB). Sources also hear several other private equity firms

have expressed an interest in the buyout of the entire cybersecurity company for

$14 to $15 per share. unconfirmed."

   79. On or about June 11, 2019, at approximately 10:02:51 a.m., defendant
PATEL sent this materially false rumor about BlackBerry via Trillian to multiple

accounts.

   80. Beginning on or about June 11, 2019, at approximately 10:16:39 a.m., and

continuing until on or about June 12, 2019, defendant PATEL profitably closed
his position in BlackBerry. Similarly, beginning on or about June 11, 2019, at
approximately 10:16:03 a.m., and continuing until on or about June 12, 2019,
Melnick, Parrino, and Salandra likewise closed their positions in BlackBerry.

August 2019 Kellogg Trade
   81. The Kellogg Company ("Kellogg") was an American multinational food
manufacturer headquartered in Battle Creek, Michigan. Kellogg was publicly
traded under the ticker symbol "K" on the New York Stock Exchange. Kellogg's
securities were registered with the SEC pursuant to Section 12(b) of the Securities
Exchange Act of 1934.

   82. On or about August 15, 2019, between approximately 9:55:31 a.m. and
9:56:17 a.m., defendant PATEL purchased short-term call options in Kellogg.

Between approximately 9:47:58 a.m. and 9:57:35 a.m., Melnick and Parrino also
purchased short-term call options in Kellogg.




                                        18
     Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 19 of 40




   83. On or about August 15, 2019, at approximately 9:56:59 a.m., defendant

PATEL received a Trillian message from Parrino with the following materially

false rumor about Kellogg: "Kellogg (K) Hearing Pershing Square will soon

unveil a very large stake in Kellogg Company (K). Sources hear activist Bill

Ackman is demanding an immediate spin-off of MorningStar Farms to unlock

shareholder value." Almost immediately after receiving this rumor, at
approximately 9:57:15 a.m., defendant PATEL sent this materially false rumor
via Trillian to multiple accounts.

   84. On or about August 15, 2019, between approximately 9:58:14 a.m. and

10:05:31 a.m., defendant PATEL profitably closed his position in Kellogg.
Melnick and Parrino closed their positions in Kellogg between approximately

9:58:14 a.m. and 12:42:38 p.m.
   85. On or about August 15, 2019, after sending out the materially false rumor
about Kellogg, defendant PATEL received and sent various messages about
Kellogg:
           a. At approximately 9:58:24 a.m., defendant PATEL received the
             following message from Trillian username "joecttrade3": "nice one."
              At approximately 10:00:23 a.m., defendant PATEL responded to
             "joecttrade3": "bang[.]" At approximately 10:00:28 a.m.,
              "joecttrade3" responded: "sick." Defendant PATEL had earlier sent

              the materially false rumor about Kellogg to joecttrade3.

           b. At approximately 10:00:24 a.m., defendant PATEL received the
              following message from Trillian username "darrnbsh": "nl."


                                         19
     Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 20 of 40




               Defendant PATEL had earlier sent the materially false rumor about

               Kellogg to darrnbsh.

            c. At approximately 10:22:58 a.m. and 10:44:45 a.m., defendant PATEL

               received, respectively, the following messages from Parrino: "last

              hurrah K" and "K pop."

August 2019 Yelp Trade
   86. Yelp Inc. ("Yelp") operated Yelp.com, which was a crowd-sourced local
business review and social networking site that allowed its users to submit

unsolicited reviews of products or services using a one- to five-star rating scale.

Yelp was publicly traded under the ticker symbol "YELP" on the New York
Stock Exchange. Yelp' s securities were registered with the SEC pursuant to

Section 12(b) of the Securities Exchange Act of 1934.
   87. On or about August 27, 2019, beginning at approximately 9:57:46 a.m. and
continuing until approximately 10:06:26 a.m., defendant PATEL, Melnick, and

Parrino began to purchase short-call options and securities in Yelp.
   88. On or about August 27, 2019, at approximately 10:06:01 a.m., defendant
PATEL received a Trillian message from Parrino with the following materially

false rumor about Yelp: "Sources circulating a Form 13D will soon be filed by a
major activist. Hearing a sizeable stake in Yelp, Inc. (YELP) has been made.
Sources are hearing the activist will seek an immediate sale of the company."

Almost immediately after receiving this rumor, at approximately 10:06:36 a.m.,
defendant PATEL sent this materially false rumor via Trillian to various
accounts.


                                          20
     Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 21 of 40




   89. Defendant PATEL, Melnick, and Parrino began closing their positions in
Yelp shortly after the materially false rumor was disseminated, with each of

them beginning to close their positions no later than 10:07:39 a.m. Defendant

PATEL profitably closed his entire position at approximately 10:24 a.m.; Melnick

profitably closed his position at approximately 10:13 a.m.; and Parrino profitably

closed his position at approximately 11:33 a.m.
                                      Overt Acts

   90. In furtherance of the conspiracy and to accomplish its objects and purpose,
the defendant, MILAN PATEL, and his co-conspirators, committed and caused

to be committed, in the Northern District of Georgia and elsewhere, the

following overt acts, among others:
          a. On or about October 8, 2017, defendant PATEL emailed Parrino:
      "Anyway get trillian pro dint [sic] wait like all morons."
          b. In or about January 2018, defendant PATEL and Melnick engaged in
      a conversation over Skype in which they discussed whether trading on a
      materially false rumor relating to International Paper would be successful.
      Specifically, defendant PATEL asked Melnick for "technical analysis"
      about IP in assessing whether trading on a materially false rumor would
      "work."

          c. On or about January 18, 2018, between approximately 11:19:58 a.m.

      and 11:20:31 a.m., defendant PATEL purchased short-term call options in

      International Paper.




                                          21
Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 22 of 40




     d. On or about January 18, 2018, at approximately 11:21:15 a.m.,

 defendant PATEL sent a materially false rumor about IP to multiple

 Trillian accounts stating," IP[.] Hearing privately held Koch Industries Inc.

 is nearing a deal to buy International Paper Co. for close to $72.50 per
 share. unconfirmed."

     e. On or about January 18, 2018, between approximately 11:23:10 a.m.

 and 11:46:23 a.m., defendant PATEL sold off his position in International

 Paper.
    f. On or about February 1, 2018, at approximately 10:08:25 a.m .,
 defendant PATEL sent Parrino a message on Trillian that read: "needa
homer." Parrino responded, "yup. Roku ea damn[.]"

    g. On or about February 1, 2018, between approximately 11:41:16 a.m.

 and 11:41:59 a.m., defendant PATEL purchased PCG short-term call
 options.
    h. On or about February 1, 2018, between approximately 11:48:37 a.m.
 and 11:48:59 a.m., defendant PATEL sent out a materially false rumor
 about PG&E to multiple Trillian accounts stating: "PCG :Hearing chatter

 the California Department of Forestry and Fire Protection is stating that

 after a thorough investigation it has determined that the fires that

 decimated a Santa Rosa neighborhood and killed 21 people was caused by
 electrical equipment owned, installed, and maintained by a third party

 exonerating Pacific Gas and electric Co. (PCG) from all liability.
 unconfirmed."


                                   22
Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 23 of 40




     i. On or about February 1, 2018, between approximately 11:49:36 a.m.

 and 11:49:54 a.m., defendant PATEL profitably sold off his position in

 PG&E Corporation.

    j. On or about March 7, 2018, at approximately 11:54 a.m., Ross sent

 Parrino a Trillian message advising him that he spoke with defendant

 PATEL by phone and gave defendant PATEL the Disney-related rumor.

 Parrino then asked to speak with Ross by telephone.

    k. On or about March 8, 2018, during the time when Ross and Parrino

 were exchanging messages, defendant PATEL sent Ross a Trillian message

 requesting that Ross call defendant PATEL.

    I. On or about March 8, 2018, at approximately 9:53:14 a.m., Ross sent
 defendant PATEL a Trillian message with a Disney-related rumor, which

 read, "Walt Disney Co. (DIS) has reported! [sic] Sachs to spin off their
 theme parks and ESPN. According to one analyst the break-up value could

 exceed $155 per share and may lead to an eventual sale of the company."

    m.    On or about March 7, 2018, defendant PATEL purchased short-

 term call options in Disney.

    n. On or about March 8, 2018, at approximately 9:57 a.m., defendant

 PATEL purchased short-term call options in Disney.

    o. On or about March 8, 2018, at approximately 9:57:32 a.m., defendant

 PATEL sent out the materially false rumor about Disney to multiple

 Trillian accounts, including Salandra. Defendant PATEL sent out the

 rumor stating, "DIS Chatter hearing hired GS to spin off their theme parks



                                   23
Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 24 of 40




 and ESPN. According to one analyst the break-up fee value could exceed

 $155 per share and may lead to an eventual sale of the company,

 unconfirmed."

    p. On or about March 8, 2018, between approximately 9:58:30 a.m. and

 10:29:01 a.m., defendant PATEL sold off his position in Disney.

    q. On or about April 18, 2018, at approximately 10:23:28 a.m., Salandra

 sent a materially false rumor about Ben Franklin to defendant PATEL.

    r. On or about April 18, 2018, between approximately 10:25:34 a.m.

 and 10:25:35 a.m., defendant PATEL purchased short-term call options in

 Ben Franklin.

    s. On or about April 18, 2018, at approximately 10:26:13 a.m.,

 defendant PATEL sent out the materially false rumor about Ben Franklin

 to multiple Trillian accounts. Defendant PATEL sent out the rumor stating,

 "BlackRock (BLK) has offered to acquire Franklin Resources (BEN) in a

 cash transaction valuing the fund at $55 per share (unconfirmed) ."

    t. On or about April 18, 2018, between approximately 10:26:53 a.m.

 and 10:43:09 a.m., defendant PATEL closed his position in Ben Franklin.

    u. On or about June 10, 2019, defendant PATEL purchased shares and

 options in BlackBerry.

    v. On or about June 11, 2019, between approximately 9:24:41 a.m . and

 10:0:07 a.m., defendant PATEL purchased additional short-term call

 options in Blackberry.




                                  24
Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 25 of 40




     w.On or about June 11, 2019, at approximately 9:59:07 a.m., defendant
 PATEL received a Trillian message from Parrino with the following

 materially false rumor about BlackBerry: "BB Various news outlets are
 hearing strong reports that Elliott Management Corp. has accumulated a
 major stake in BlackBerry Limited (BB) . Sources also hear several other
 private equity firms have expressed an interest in the buyout of the entire

 cybersecurity company for $14 to $15 per share. unconfirmed."
    x. On or about June 11, 2019, at approximately 10:02:51 a.m., defendant
 PATEL sent this materially false rumor about BlackBerry via Trillian to

 multiple accounts.
    y. Beginning on or about June 11, 2019, at approximately 10:16:39 a.m.,
 and continuing until on or about June 12, 2019, defendant PA TEL
 profitably closed his position in BlackBerry.
    z. On or about August 15, 2019, between approximately 9:55:31 a.m.
 and 9:56:17 a.m., defendant PATEL purchased short-term call options in
 Kellogg.
    aa.     On or about August 15, 2019, at approximately 9:56:59 a.m.,
 defendant PATEL received a Trillian message from Parrino with the
 following materially false rumor about Kellogg: "Kellogg (K) Hearing
 Pershing Square will soon unveil a very large stake in Kellogg Company
 (K). Sources hear activist Bill Ackman is demanding an immediate spin-off
 of MorningStar Farms to unlock shareholder value." Almost immediately




                                   25
     Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 26 of 40




      after receiving this rumor, at approximately 9:57:15 a.m., defendant

      PATEL sent this materially false rumor via Trillian to multiple accounts.

          bb.    On or about August 15, 2019, between approximately 9:58:14 a.m.

      and 10:05:31 a.m., defendant PATEL profitably closed his position in

      Kellogg.

          cc.    On or about August 27, 2019, beginning at approximately 9:57:46

      a.m. and continuing until approximately 10:06:26 a.m., defendant PATEL

      began to purchase short-call options and securities in Yelp.

          dd.    On or about August 27, 2019, at approximately 10:06:01 a.m.,

      defendant PATEL received a Trillian message from Parrino with the

      following materially false rumor about Yelp: "Sources circulating a Form

      13D will soon be filed by a major activist. Hearing a sizeable stake in Yelp,

      Inc. (YELP) has been made. Sources are hearing the activist will seek an
      immediate sale of the company." Almost immediately after receiving this

      rumor, at approximately 10:06:36 a.m., defendant PATEL sent this

      materially false rumor via Trillian to various accounts.
         All in violation of Title 18, United States Code, Section 371.

                                    Count Two
   (15 U.S.C. §§ 78j(b) & 78ff(a) - Market Manipulation/International Paper)

   91. The factual allegations contained in Paragraphs 2 through 28 of this

Indictment are re-alleged and incorporated as if fully set forth herein.

   92. On or about January 18, 2018, in the Northern District of Georgia and

elsewhere, the defendant, MILAN PATEL, aided and abetted by others known


                                         26
     Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 27 of 40




and unknown to the Grand Jury, did knowingly and willfully, by the use of

means and instrumentalities of interstate commerce, the mails, and the facilities

of national securities exchanges, directly and indirectly, use and employ

manipulative and deceptive devices and contrivances in connection with the

purchase and sale of securities of International Paper, and did (a) employ a

device, scheme, and artifice to defraud; (b) make untrue statements of material

facts and omit to state material facts necessary in order to make the statements

made, in light of the circumstances under which they were made, not

misleading; and (c) engage in acts, practices, and courses of business which

would and did operate as a fraud and deceit upon others, in connection with the

purchase and sale of said securities.

          All in violation of Title 15, United States Code, Section 78j(b) and

Section 78ff(a), Title 17, Code of Federal Regulations, Section 240.l0b-5, Section
240.l0bS-l, and Section 240.l0bS-2, and Title 18, United States Code, Section 2.

                                   Count Three
          (15 U.S.C. §§ 78j(b) & 78ff(a) - Market Manipulation/PG&E)

   93. The factual allegations contained in Paragraphs 2 through 21 and 29

through 42 of this Indictment are re-alleged and incorporated as if fully set forth

herein.

   94. On or about February 1, 2018, in the Northern District of Georgia and

elsewhere, the defendant, MILAN PATEL, aided and abetted by others known

and unknown to the Grand Jury, did knowingly and willfully, by the use of
means and instrumentalities of interstate cmnmerce, the mails, and the facilities


                                         27
     Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 28 of 40




of national securities exchanges, directly and indirectly, use and employ

manipulative and deceptive devices and contrivances in connection with the

purchase and sale of securities of Pacific Gas & Electric Company, and did (a)
employ a device, scheme, and artifice to defraud; (b) make untrue statements of

material facts and omit to state material facts necessary in order to make the

statements made, in light of the circumstances under which they were made, not

misleading; and (c) engage in acts, practices, and courses of business which
would and did operate as a fraud and deceit upon others, in connection with the
purchase and sale of said securities.

      All in violation of Title 15, United States Code, Section 78j(b) and Section
78ff(a), Title 17, Code of Federal Regulations, Section 240.l0b-5, Section 240.10b5-

l, and Section 240.10b5-2, and Title 18, United States Code, Section 2.

                                    Count Four
          (15 U.S.C. §§ 78j(b) & 78ff(a) - Market Manipulation/Disney)

   95. The factual allegations contained in Paragraphs 2 through 21 and 43
through 59 of this Indictment are re-alleged and incorporated as if fully set forth
herein.

   96. From on or about March 7, 2018, to on or about March 8, 2018, in the

Northern District of Georgia and elsewhere, the defendant, MILAN PATEL,

aided and abetted by others known and unknown to the Grand Jury, did

knowingly and willfully, by the use of means and instrumentalities of interstate
commerce, the mails, and the facilities of national securities exchanges, directly
and indirectly, use and employ manipulative and deceptive devices and


                                         28
     Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 29 of 40




contrivances in connection with the purchase and sale of securities of Disney,

and did (a) employ a device, scheme, and artifice to defraud; (b) make untrue

statements of material facts and omit to state material facts necessary in order to

make the statements made, in light of the circumstances under which they were

made, not misleading; and (c) engage in acts, practices, and courses of business

which would and did operate as a fraud and deceit upon others, in connection

with the purchase and sale of said securities.

      All in violation of Title 15, United States Code, Section 78j(b) and Section

78ff(a), Title 17, Code of Federal Regulations, Section 240.l0b-5, Section 240.l0bS-

1, and Section 240.l0bS-2, and Title 18, United States Code, Section 2.

                                    Count Five
      (15 U.S.C. §§ 78j(b) & 78ff(a) - Market Manipulation/Ben Franklin)

   97. The factual allegations contained in Paragraphs 2 through 21 and 60
through 73 of this Indictment are re-alleged and incorporated as if fully set forth

herein.

   98. On or about April 18, 2018, in the Northern District of Georgia and

elsewhere, the defendant, MILAN PATEL, aided and abetted by others known

and unknown to the Grand Jury, did knowingly and willfully, by the use of

means and instrumentalities of interstate commerce, the mails, and the facilities

of national securities exchanges, directly and indirectly, use and employ

manipulative and deceptive devices and contrivances in connection with the

purchase and sale of securities of Franklin Resources, Inc. (Ben Franklin), and did

(a) employ a device, scheme, and artifice to defraud; (b) make untrue statements


                                         29
     Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 30 of 40




of material facts and omit to state material facts necessary in order to make the

statements made, in light of the circumstances under which they were made, not

misleading; and (c) engage in acts, practices, and courses of business which

would and did operate as a fraud and deceit upon others, in connection with the

purchase and sale of said securities.

      All in violation of Title 15, United States Code, Section 78j(b) and Section

78ff(a), Title 17, Code of Federal Regulations, Section 240.l0b-5, Section 240.10b5-

1, and Section 240.10b5-2, and Title 18, United States Code, Section 2.

                                       Count Six
          (15 U.S.C. §§ 78j(b) & 78ff(a) - Market Manipulation/BlackBerry)

   99. The factual allegations contained in Paragraphs 2 through 21 and 74

through 80 of this Indictment are re-alleged and incorporated as if fully set forth
herein.
   100.    From on or about June 10, 2019, to on or about June 11, 2019, in the

Northern District of Georgia and elsewhere, the defendant, MILAN PATEL,

aided and abetted by others known and unknown to the Grand Jury, did
knowingly and willfully, by the use of means and instrumentalities of interstate
commerce, the mails, and the facilities of national securities exchanges, directly

and indirectly, use and employ manipulative and deceptive devices and

contrivances in connection with the purchase and sale of securities of Blackberry,

and did (a) employ a device, scheme, and artifice to defraud; (b) make untrue

statements of material facts and omit to state material facts necessary in order to

make the statements made, in light of the circumstances under which they were


                                         30
     Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 31 of 40




made, not misleading; and (c) engage in acts, practices, and courses of business

which would and did operate as a fraud and deceit upon others, in connection

with the purchase and sale of said securities.

      All in violation of Title 15, United States Code, Section 78j(b) and Section

78ff(a), Title 17, Code of Federal Regulations, Section 240.l0b-5, Section 240.10b5-

l, and Section 240.10b5-2, and Title 18, United States Code, Section 2.

                                    Count Seven
          (15 U.S.C. §§ 78j(b) & 78ff(a) - Market Manipulation/Kellogg)

   101.   The factual allegations contained in Paragraphs 2 through 21 and 81

through 85 of this Indictment are re-alleged and incorporated as if fully set forth

herein.

   102.   On or about August 15, 2019, in the Northern District of Georgia and

elsewhere, the defendant, MILAN PATEL, aided and abetted by others known

and unknown to the Grand Jury, did knowingly and willfully, by the use of

means and instrumentalities of interstate commerce, the mails, and the facilities

of national securities exchanges, directly and indirectly, use and employ

manipulative and deceptive devices and contrivances in connection with the

purchase and sale of securities of Kellogg, and did (a) employ a device, scheme,

and artifice to defraud; (b) make untrue statements of material facts and omit to

state material facts necessary in order to make the statements made, in light of

the circumstances under which they were made, not misleading; and (c) engage

in acts, practices, and courses of business which would and did operate as a




                                         31
     Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 32 of 40




fraud and deceit upon others, in connection with the purchase and sale of said

securities.

       All in violation of Title 15, United States Code, Section 78j(b) and Section

78ff(a), Title 17, Code of Federal Regulations, Section 240.l0b-5, Section 240.l0bS-

1, and Section 240.l0bS-2, and Title 18, United States Code, Section 2.

                                      Count Eight
              (15 U.S.C. §§ 78j(b) & 78ff(a) - Market Manipulation/Yelp)

   103.   The factual allegations contained in Paragraphs 2 through 21 and 86

through 89 of this Indictment are re-alleged and incorporated as if fully set forth

herein.

   104.   On or about August 27, 2019, in the Northern District of Georgia and

elsewhere, the defendant, MILAN PATEL, aided and abetted by others known

and unknown to the Grand Jury, did knowingly and willfully, by the us~ of
means and instrumentalities of interstate commerce, the mails, and the facilities

of national securities exchanges, directly and indirectly, use and employ

manipulative and deceptive devices and contrivances in connection with the

purchase and sale of securities of Yelp, and did (a) employ a device, scheme, and

artifice to defraud; (b) make untrue statements of material facts and omit to state

material facts necessary in order to make the statements made, in light of the

circumstances under which they were made, not misleading; and (c) engage in

acts, practices, and courses of business which would and did operate as a fraud

and deceit upon others, in connection with the purchase and sale of said

securities.


                                         32
         Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 33 of 40

.



          All in violation of Title 15, United States Code, Section 78j(b) and Section
    78ff(a), Title 17, Code of Federal Regulations, Section 240.l0b-5, Section 240.10b5-

    1, and Section 240.10b5-2, and Title 18, United States Code, Section 2.

                                       Count Nine
               (18 U.S.C. § 1349 - Conspiracy to Commit Securities Fraud)

       105. The factual allegations contained in Paragraphs 2 through 89 of this

    Indictment are re-alleged and incorporated as if fully set forth herein.

       106.   Beginning no later than in or about October 2017 and continuing until
    in or about January 2020, the exact dates being unknown, in the Northern District
    of Georgia and elsewhere, the defendant, MILAN PATEL, Bart Ross, Mark

    Melnick, Charles Parrino, Anthony Salandra, and others known and unknown to

    the Grand Jury did knowingly and willfully combine, conspire, confederate,
    agree, and have a tacit understanding with each other to commit the securities
    fraud scheme alleged in Paragraphs 2 through 89 of this Indictment, that is, to

    knowingly devise, intend to devise, and execute a scheme and artifice (a) to
    defraud any person in connection with any security of an issuer with a class of
    securities registered under Section 12 of the Securities and Exchange Act of 1934,

    and (b) to obtain, by means of materially false and fraudulent pretenses,

    representations, and promises, any money and property in connection with the
    purchase and sale of any security of any issuer with a class of securities
    registered under Section 12 of the Securities and Exchange Act of 1934, in

    violation of Title 18, United States Code, Section 1348.
          All in violation of Title 18, United States Code, Section 1349.


                                             33
         Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 34 of 40

•




                                          CountTen
                   (18 U.S.C. § 1348 - Securities Fraud/International Paper)
       107.   The factual allegations contained in Paragraphs 2 through 28 of this

    Indictment are re-alleged and incorporated as if fully set forth herein.

       108.   On or about January 18, 2018, in the Northern District of Georgia and
    elsewhere, the defendant, MILAN PATEL, aided and abetted by others known

    and unknown to the Grand Jury, did knowingly execute and attempt to execute

    the scheme and artifice alleged above in Paragraphs 2 through 28: (a) to defraud

    any person in connection with any security of International Paper, an issuer with
    a class of securities registered under Section 12 of the Securities and Exchange
    Act of 1934, and (b) to obtain, by means of materially false and fraudulent

    pretenses, representations, and promises, any 1noney and property in connection
    with the purchase and sale of any security of International Paper, an issuer with
    a class of securities registered under Section 12 of the Securities and Exchange
    Act of 1934.
          All in violation of Title 18, United States Code, Section 1348 and Section 2.


                                         Count Eleven
                         (18 U.S.C. § 1348 - Securities Fraud/PG&E)
       109.   The factual allegations contained in Paragraphs 2 through 21 and 29

    through 42 of this Indictment are re-alleged and incorporated as if fully set forth
    herein.

       110.   On or about February 1, 2018, in the Northern District of Georgia and
    elsewhere, the defendant, MILAN PATEL, aided and abetted by others known
    and unknown to the Grand fury, did knowingly execute and attempt to execute


                                              34
         Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 35 of 40

•




    the scheme and artifice alleged above in Paragraphs 2 through 21 and 29 through

    42: (a) to defraud any person in connection with any security of PG&E, an issuer
    with a class of securities registered under Section 12 of the Securities and

    Exchange Act of 1934, and (b) to obtain, by means of false and fraudulent

    pretenses, representations, and promises, any money and property in connection

    with the purchase and sale of any security of PG&E, an issuer with a class of

    securities registered under Section 12 of the Securities and Exchange Act of 1934.
          All in violation of Title 18, United States Code, Section 1348 and Section 2.

                                       Count Twelve
                       (18 U.S.C. § 1348 - Securities Fraud/Disney)
       111.   The factual allegations contained in Paragraphs 2 through 21 and 43
    through 59 of this Indictment are re-alleged and incorporated as if fully set forth

    herein.
       112.   From on or about March 7, 2018, to on or about March 8, 2018, in the
    Northern District of Georgia and elsewhere, the defendant, MILAN PATEL,
    aided and abetted by others known and unknown to the Grand Jury, did
    knowingly execute and attempt to execute the scheme and artifice alleged above
    in Paragraphs 2 through 21 and 43 through 59: (a) to defraud any person in
    connection with any security of Disney, an issuer with a class of securities
    registered under Section 12 of the Securities and Exchange Act of 1934, and (b) to
    obtain, by means of materially false and fraudulent pretenses, representations,

    and promises, any money and property in connection with the purchase and sale




                                             35
         Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 36 of 40

•



    of any security of Disney, an issuer with a class of securities registered under

    Section 12 of the Securities and Exchange Act of 1934.

          All in violation of Title 18, United States Code, Section 1348 and Section 2.


                                      Count Thirteen
                    (18 U.S.C. § 1348 - Securities Fraud/Ben Franklin)
       113.   The factual allegations contained in Paragraphs 2 through 21 and 60
    through 73 of this Indictment are re-alleged and incorporated as if fully set forth

    herein.

       114.   On or about April 18, 2018, in the Northern District of Georgia and
    elsewhere, the defendant, MILAN PATEL, aided and abetted by others known
    and unknown to the Grand Jury, did knowingly execute and attempt to execute

    the scheme and artifice alleged above in Paragraphs 2 through 21 and 60 through
    73: (a) to defraud any person in connection with any security of Ben Franklin, an
    issuer with a class of securities registered under Section 12 of the Securities and

    Exchange Act of 1934, and (b) to obtain, by means of materially false and
    fraudulent pretenses, representations, and promises, any money and property in
    connection with the purchase and sale of any security of Ben Franklin, an issuer
    with a class of securities registered under Section 12 of the Securities and
    Exchange Act of 1934.

          All in violation of Title 18, United States Code, Section 1348 and Section 2.




                                             36
         Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 37 of 40

•



                                      Count Fourteen
                     (18 U.S.C. § 1348 - Securities FraudfBlackBerry)
       115.   The factual allegations contained in Paragraphs 2 through 21 and 74

    through 80 of this Indictment are re-alleged and incorporated as if fully set forth

    herein.
       116. From on or about June 10, 2019, to on or about June 11, 2019, in the

    Northern District of Georgia and elsewhere, the defendant, MILAN PATEL,
    aided and abetted by others known and unknown to the Grand Jury, did

    knowingly execute and attempt to execute the scheme and artifice alleged above

    in Paragraphs 2 through 21 and 74 through 80: (a) to defraud any person in
    connection with any security of BlackBerry, an issuer with a class of securities
    registered under Section 12 of the Securities and Exchange Act of 1934, and (b) to
    obtain, by means of materially false and fraudulent pretenses, representations,
    and promises, any money and property in connection with the purchase and sale
    of any security of BlackBerry, an issuer with a class of securities registered under

    Section 12 of the Securities and Exchange Act of 1934.
          All in violation of Title 18, United States Code, Section 1348 and Section 2.


                                      Count Fifteen
                      (18 U.S.C. § 1348 - Securities Fraud/Kellogg)
       117.   The factual allegations contained in Paragraphs 2 through 21 and 81

    through 85 of this Indictment are re-alleged and incorporated as if fully set forth

    herein.
       118.   On or about August 15, 2019, in the Northern District of Georgia and
    elsewhere, the defendant, MILAN PATEL, aided and abetted by others known


                                             37
             Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 38 of 40

l   •




        and unknown to the Grand Jury, did knowingly execute and attempt to execute

        the scheme and artifice alleged above in Paragraphs 2 through 21 and 81 through

        85: (a) to defraud any person in connection with any security of Kellogg, an
        issuer with a class of securities registered under Section 12 of the Securities and
        Exchange Act of 1934, and (b) to obtain, by means of materially false and

        fraudulent pretenses, representations, and promises, any money and property in

        connection with the purchase and sale of any security of Kellogg, an issuer with a

        class of securities registered under Section 12 of the Securities and Exchange Act
        of 1934.

              All in violation of Title 18, United States Code, Section 1348 and Section 2.


                                           Count Sixteen
                             (18 U.S.C. § 1348 - Securities FraudfY elp)
           119.    The factual allegations contained in Paragraphs 2 through 21 and 86
        through 89 of this Indictment are re-alleged and incorporated as if fully set forth
        herein.
           120.    On or about August 27, 2019, in the Northern District of Georgia and
        elsewhere, the defendant, MILAN PATEL, aided and abetted by others known

        and unknown to the Grand Jury, did knowingly execute and attempt to execute

        the scheme and artifice alleged above in Paragraphs 2 through 21 and 86 through

        89: (a) to defraud any person in connection with any security of Yelp, an issuer
        with a class of securities registered under Section 12 of the Securities and
        Exchange Act of 1934, and (b) to obtain, by means of materially false and

        fraudulent pretenses, representations, and promises, any money and property in


                                                 38
     Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 39 of 40




connection with the purchase and sale of any security of Yelp, an issuer with a

class of securities registered under Section 12 of the Securities and Exchange Act

of 1934.
       All in violation of Title 18, United States Code, Section 1348 and Section 2.
                                 Forfeiture Provision

   121.    Upon conviction of the offenses alleged in Counts One through Sixteen

of this Indictment, the defendant, MILAN PATEL, shall forfeit to the United

States of America, pursuant to Title 18, United States Code, Section 981(a)(l)(C)
and Title 28, United States Code, Section 2461(c), any property, real or personal,
which constitutes or is derived from proceeds traceable to said violations,
including, but not limited to, the following:

       (a) MONEY JUDGMENT: A sum of money in United States currency,

           representing the amount of proceeds obtained as a result of Counts One
           through Sixteen of the Indictment.
   122.    If, as a result of any act or omission of the defendant, any property subject

to forfeiture:
       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 undue complexity or difficulty,




                                           39
                            Case 1:23-cr-00126-LMM-JSA Document 1 Filed 04/19/23 Page 40 of 40
.,,/,   l   J   •




                      it is the intent of the United States, pursuant to Title 21, United States Code,

                      Section 853(p), as incorporated by Title 28, United States Code, Section 2461(c), to
                      seek forfeiture of any other property of the defendant up to the value of the

                      forfeitable property described above.




                                                                     A                                   BILL


                                                                         ~~~
                                                                         FOREERSON/




                    --i\:tEV"i.r-t::!Te'~   L

                         Assistant United States ~   +~u,1

                         Geor ·




                        THOMAS J. KREPP
                                                             ----
                         Assistant United States Attorney
                         Georgia Bar No. 346781


                        600 U.S. Courthouse
                        75 Ted Turner Drive SW
                        Atlanta, GA 30303
                        404-581-6000; Fax: 404-581-6181




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