Federal Case

Case: 3:21-cr-XXXX-XXX Doc #: 2 Filed: xx/xx/21 Page: 10of 22 PAGEID #: 25

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XXXXXXX : Prime International Trading AG, Smiljan Power Solutions AG and Smiljan Holding NK and Floor Mouthaan and Ruud Koekkoek and Terry Vechik and Jose Miralles and Volta SCI and its Director (s) and Johannes Harl and Lennart Molvin and Rene Amig ,here after called (Smiljan Enterprise) and Hildegard Schunk and Balduin Schunk and BS - Metalltechnik GMBH and Tobias Naydowski and Henk Kamsteeg

Purposes of the Enterprise

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24. The purposes o f the Smiljan Enterprise included the following:

(a)Enrich the Smiljan Enterprise and the owners, operators, employees, members, and associates of the Smiljan Enterprise by defrauding, extorting, and stealing from XXXXXX who engaged with the affiliated companies of the Smiljan Enterprise for Business.

(b)Promote and perpetuate the Smiljan Enterprise and shield its criminal affairs from the inventor and authorities and by concealing the true ownership of the intellectual properties and patents

The Racketeering Conspiracy

Manner and Means of the Conspiracy

27. Among the manner and means employed by the members in conducting and participating in the affairs of the Smiljan Enterprise were the following:

(a) It was part of the conspiracy that members of the Smiljan Enterprise furthered the conspiracy by making false representations to official foreign and US government and their agencies, Investors and Media in order for the Smiljan Enterprise, through the affiliated companies, to operate as an international and interstate US Trade Secrets and Patent theft and fraud. This included misrepresentations to the official foreign and US government agencies that affiliated companies of the Smiljan Enterprise did share common owners, operators, managers, and employees

(b) It was further part of the conspiracy that members of the Smiljan Enterprise caused counterfeit Patent and Apparatus unit and documents (including counterfeit Hydrogen Device) to be produced, patent, transferred, sold and used for the purpose of enrichment with in the leadership of affiliated companies of the Smiljan Enterprise

(c) It was further part of the conspiracy that, after the right-full owner complained to the USDOJ about the criminal actions taken by the Smiljan Enterprise, members of the Smiljan Enterprise created a new entity (Smiljan Enterprise Holding NV) containing misrepresentations in order to operate a new affiliated company of the Smiljan Enterprise as an interstate Intellectual property and patent rights theft

(d) It was further part of the conspiracy that members of the Smiljan Enterprise used aliases when working on behalf of affiliated companies of the Smiljan Enterprise to conceal their identities from official foreign and US government and their agencies and customers.

(e) It was further part of the conspiracy that members of the Smiljan Enterprise submitted fake reviews to online sources regarding services provided by affiliated companies of the Smiljan Enterprise to induce investors to invest in the Smiljan Enterprise.

(f) It was part of the conspiracy that members of the Smiljan Enterprise used wire communications, such as emails, to send false representations to investors and potential customers to induce investors to invest in the affiliated companies of the Smiljan Enterprise for the technologies

(g) It was part of the conspiracy that members of the Smiljan Enterprise furthered the conspiracy by emailing to customers investment agreements

(h) It was further part of the conspiracy that binding estimates that members of the Smiljan Enterprise offered to investors were low so as to induce investors to invest in Smiljan Enterprise to go IPO

(i) It was further part of the conspiracy that members of the Smiljan Enterprise knowingly took investor’s money without being able to deliver the, and others known and unknown to the Grand Jury.

(j) It was further part of the conspiracy that members of Smiljan Enterprise and Baldwin Schunkare ……….

(k) It was further part of the conspiracy that members of Smiljan Enterprise and Hildegard Schunk …………………….

(1) It was further part of the conspiracy that members of the Smiljan Enterprise and BS Metalltechnik knowingly ……………

(m) It was further part of the conspiracy that members of the Smiljan Enterprise tracked the "actual" and “real" ……………….

(n) It was further part of the conspiracy that members of the Smiljan Enterprise would send emails to each other containing documents detailing the "actual" and “real" …………………………

(o) It was further part of the conspiracy that, at times, members of Smiljan Enterprise and Tobias Naydowski ……………

(p) It was further part of the conspiracy that, at times, members of Smiljan Enterprise and Henk Kamsteeg ……………

FORFEITURE ALLEGATION

29. The allegations contained in Count One of this Indictment are hereby incorporated by reference for the purpose of alleging forfeiture pursuant to the provisions of Title 18, United States Code, Section 1963, and Title 28, United States Code, Section 2461(c).

30. Upon conviction of the offense set forth in Count One of this Indictment, the defendants shall forfeit to the United States, pursuant to 18 U.S.C. § 1963, including but not limited to:

(a) any interest acquired or maintained in violation of 18 U.S.C. § 1962, which interests are subject to forfeiture to the United States pursuant to Title 18, United States Code, Section 1963(a)(l);

(b) any interest in, security of, claim against, or property or contractual right of any kind affording a ·source of influence over, any enterprise which the defendants established, operated, controlled, conducted, or participated in the conduct of, in violation of 18 U.S.C. § 1962, which Patents, intellectual properties, interests, securities, claims, and rights are subject to forfeiture to the United States pursuant to Tile 18, United States Code, Section 1963(a)(2); and

(c) any property constituting, or derived from, any proceeds obtained, directly or indirectly, from racketeering activity or unlawful debt collection in violation of 18 U.S.C. § 1962, which property is subject to forfeiture to the United States pursuant to Title 18, United States Code, Section 1963(a)(3);including, but not limited to, all defendants' ownership interests in the companies listed as part of the Smiljan Enterprise and all property' constituting proceeds and a sum of money equal to an amount that represents the proceeds that the defendants obtained as a result of the offense.

SUBSTITUTE ASSETS

31. If any of the property described above, as a result of any act or omission of the defendants :

(a) cannot be located upon the exercise of due diligence;

(b) has been transferred or sold to, or deposited with, a third party;

(c) has been placed beyond the jurisdiction of the court;

(d) has been substantially diminished in value; or

(e) has been commingled with other property which cannot be divided without difficulty;

It is the intent of the United States, pursuant to 18 U.S.C. § 1963(m), to seek forfeiture of any other property onshore or offshore of the defendants up to the value of One Hundred Million US Dollars the value of the property described above ..............