12/13/00 WED 13:12 FAX 1 212 265 9582 ANZALONE &
I, -r i .
UNITED STATES DISTRIC&OUXT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA
-v. -
.TOMMUO BUTI, and
FRnrJCESCO BUTI,
Defendants.
COUNT ONE
(Conspiracy)
The Grand Ju-ry charges:
BACKGROUND
1. At various times relevant
TOMXASO BUTI and FRAhCESCO BUTI, the defendants,
various entities that owned and operated
the name "Fashion Cafi" in New York, London, and New Orleans.
The "Fashion Cafe" theme restaurants
industry and fashion models.
2. In &about 1994, TOMMASO
the defendants, participated in forming a
named Fashion World Company, L.P. ("Fashion World").
April 199.5, Fashion World opened a Fashion Cafi restaurant
York, New Yort at 45 Rockefeller Plaza
3. At all times relevant
BUTi and FRQJCESCO BUTI, the defendants,
ANZALONE & LESCHINS
12/13/00 WED 13:12-l-fAX 1 212 265 6662
. .
Cafe, Inc., a New kor$ corporation. TOMMASO BTJTI
president,and FRANCESCO BUT1 was the vice-president
Caf&, Inc., and together they controlled the
Fashion CafG, Inc. TOMMASO BUT1 and FRANCESCO BUTI caused
Fashion Cafe, Inc. to be the general partner
SNIPPETS:
UNITED STATES DISTRIC&OUXT
SOUTHERN DISTRICT OF NEW YORK
FRnrJCESCO BUTI,
or about August 6, 1996, Fashion Caf& opened a Fashion Cafe
("Eat Healthy I"), and,Eat Healthy II, Inc:
18, United States Code.
BUT.1 would use that investment to p2y 30% of the .dcvelopment
through on or about April 1, 1994, TOWS0 BL& and FRANCESCO
on or about May 26, 1994, TOMMKSO BUT1 and FRANCESCd BUTI, the
in Fashion World, when in truth and in, fact, as the defendants well knew, TOMMASO BUTI and
TOMMASO BUT1 and FRANCESCO BUTI intended to misappropriate
for their own persons1 benefit.
CafG, Inc. Account'L) m From on or about May 31, 1994 through on
Cafe, Inc. Account to the TOMMASO BUT1 Chemical Account, and
monthly mortgage payment for a home in Miami of approximately
Fashion Cafe-New York, and Fashion Caf6, Inc., as the general
Cafe, Inc. would advance $280,000, or 28% of that $1 million, when, in truth and in fact, as
Inc. Account to the TOMMASO BUT1 Chemical Account.
located at 158 Madison Avenue, New York, New York ("158 Madison
it was necessary to pay an "under
TOMMASO BUT1 and FRANCESCO BUT1 did not intend to purchase 158
Madison Avenue through Carwell Ltd.;
any bank account in the name of' either Carwell Ltd. or Carwell
Buti, Inc. at Chase Manhattan' Bank in Manhattan (the L'Buti, Inc.
Inc. Account to the TOWS0 BUT1 Chemical Account.
FRANCES0 BUTI (the "FRANCESCO BUT1 Citibank Account"),
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