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Valley of Lakes RICO Class Action against PNCBANK, et al.
ripped edge: exhibits



	IN THE UNITED STATES DISTRICT COURT
     FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


UNITED STATES OF AMERICA,	:	CRIMINAL NUMBER 
		Plaintiff
				: 	VIO: 15 USC 1703(a)(2)(a)
	vs.				     15 USC 1703(a)(2)(b)
				:	     15 USC 1703(a)(2)(c)
JACK HALPERIN				     15 USC 1717
PHILIP COHEN,			:	     18 USC 1341
		Defendants	:	     18 USC 2


		I N D I C T M E N T

THE GRAND JURY CHARGES:

			INTRODUCTION

	1.  At all times material and pertinent to this 
Indictment, High Vista, Inc. was a Pennsylvania corporation, 

having been incorporated on November 18, 1970, maintaining 

business offices at 9 West 57th Street, New York, New York 

and in Hazleton, Luzerne County, Pennsylvania.

	2.  At all times material and pertinent to this 

Indictment, High Vista, Inc. was a developer as then de-

fined in Title 15 United States Code, Section 1701(4), and 

currenlly defined in Section 1701(5), and was engaged in 

and caused others to be engaged in the sale and offering 

for sale of lots in a 3,856-acre subdivision known as Valley 

of Lakes located in Schuylkill and Luzerne Counties in the 

Middle District of Pennsylvania.

	3.  At all times material and pertinent to this 

Indictment, the Valley of Lakes subdivision contained 4,717 

proposed lots for sale, of which 1,345 lots were subdivided 

and offered for sale to prospective purchasers.


			_____________1


	4.  At all times material and pertinent to this 

Indictment, the Valley of Lakes was a subdivision as de-

fined in Title 15 United States Code, Section 1701(3) in 

that it was comprised of land which was divided and pro-

posed to be divided into 50 or more lots for tiie purpose 

of sale as a part of a common promotional plan.

	5.  At all times material and pertinent to this 

Indictment, Jack Halperin was the President, Chairman of 

the Board of Directors and stockholder of High Vista, Inc. 

and its related subsidiary corporation, to wit, American 

Urban Science Foundation, Inc., Oneida Water Company, Eagle 

Rock Ski & Golf Club, Inc., and Big Valley Utility Company; 

and at all times relevant hereto was directly responsible 

for the management of High Vista, Inc. and its affiliate 

corporations, including but not limited to; the formulation 

and implementation of a promotional plan for the sale of 

lots at the Valley of Lakes, the approval of sales liter-

ature and methods used by salesman and other employees of 

High Vista, Inc.; obtaining financing for the subdivision; 

and obtaining approval of federal, state and local registr-

ations which would permit High Vista, Inc. to subdivide, 

develop and sell the subdivision known as Valley of Lakes. 

	6. At all times material and pertinent to this 

indictment, and from on or about February 5, 1975 until on 

or about March 7, 1977, Philip Cohen was a Vice President 

and Director of High Vista, Inc. and a real estate broker 

licensed in the State of New York, acting as the broker of


			- 2 -


record for the Valley of Lakes subdivision.  During this 

period PHILIP COHEN was responsible for the management of 

said corporation, his duties including but not limited to, 

approval of sales literature and selling methods used by 

salesmen; filing of federal, state and local registrations 

and permits required by law to be filed by the subdivider 

in order to obtain approval to engage in sales within Valley 

of Lakes.

	7.  On or about August 4, 1969, American Urban 

Science Foundation, Inc. was incorporated in the State of 

Delaware for the purpose, among others, for providing pro-

motional marketing for the sale of lots at Valley of Lakes.

	8.  On or about June 19, 1893, Oneida Water 

Company was incorporated in the Commonwealth of Pennsyl-

vania for the purpose of providing a central water system 

for the public of the Township of East Union, County of 

Schuylkill and other adjacent communities.

	9.  On or about a date unknown, High Vista, Inc. 

purchased Oneida Water Company for the purpose of con-

structing and maintaining central water facilities for the 

Valley of Lakes subdivision.

	10.  On or about May 29, 1973, Big Valley Utility 

Corporation was incorporated in the Commonwealth of Pennsyl-

vania for the purpose of constructing and maintaining a 

central sewage system for the Valley of Lakes subdivision.

	11.  On or about October 20, 1972, Eagle Rock Ski 

& Golf Club, Inc. was incorporated in the Commonwealth of


			- 3 -


Pennsylvania for the purpose of providing skiing and golf-

ing facilities for the public and for lot owners in the 

Valley of Lakes subdivision.

	12.  On or about February 5, 1975, Jack Halperin 

entered into a memorandum of agreement with Philip Seltzer, 

Nathan Seltzer, and William Seltzer, known as the Seltzer 

organization, for the purchase of High Vista, Inc., and 

the Valley of Lakes subdivision.

	13.  On or about July 3, 1975, Jack Halperin en-

tered into a formal stock purchase agreement with Louis 

Schiava, Philip Seltzer, Nathan Seltzer, and William 

Seltzer for the purchase of High Vista, Inc., American 

Urban Science Foundation, Inc., Oneida Water Company, 

Eagle Rock Ski & Golf Club, Inc. and Big Valley Utility 

Company.

	14.  At all times material and pertinent to this 

indictment, the office of Interstate Land Sales, United 

States Department of Housing and Urban Development was an 

agency of the United States of America and was responsible 

for, among other things, the registration and regulation 

of the sale and offering and advertising for sale by develop-

ers of rural property located in subdivisions as fully 

described in the Interstate Land Sales full disclosure act 

of 1968, Title 15 United States Code, Section 1701, et seq. 

	15. At all times material and pertinent to this 

Indictment, the New York Department of State, Office of


			- 4 -


Land Sales, was a duly authorized agency of the State of 

New York and was responsible for the registration and 

enforcement of land sales activities, including out of 

state developments advertising lots for sale to residents 

of the State of New York.

	16.  At all times material and pertinent to this 

Indictment, American Bank and Trust Company, Reading, 

Pennsylvania, was a duly authorized lending institution 

involved in all aspects of banking activities.

	17.  At all tims material and pertinent to this 

Indictment, the Hazleton National Bank, Hazleton, Pennsyl-

vania, was a duly authorized lending institution involved 

in all aspects of banking activities.

	18.  At all times material and pertinent to this 

Indictment, the New Jersey Bank, West Patterson, New Jersey, 

was a duly authorized lending institution actively engaged 

in all aspects of the banking industry.

	19.  At all Limes material and pertinent to this 

Indictment, the First Valley Bank, Bethlehem, Pennsylvania, 

was a duly authorized lending institution, having been in-

volved in all aspects of the banking industry.

	20.  At all times material and pertinent to this 

Indictment, the Perth Amboy National Bank of New Jersey 

was a duly authorized lending institution involved in all 

aspects of the banking industry.

	21.  At all times material and pertinent to this 

Indictment, the Unity Savings Association, Chicago, Illinois, 

was a duly authorized lending institution, involved in all 

aspects related to the conduct of business by savings assoc-


			- 5 -


iations in the State of Illinois.

	22.  On or about February 10, 1976, JACK HALPERIN 

and PHILIP COHEN caused to be filed with the Office of 

Interstate Land Sales, United States Department of Housing 

and Urban Development, a series of amended property reports 

and financial statements purporting to contain all avail-

able material facts and other pertinent information con-

cerning High Vista, Inc. and the Valley of Lakes subdivision.

	23.  Commencing on or about September 10, 1975,

JACK HALPERIN and PHILIP COHEN on behalf of High Vista, Inc.

did file with the Office of Land Sales, New York Department

of State, offering statements purporting to contain all 

available material facts and other pertinent information to 

accurately represent the construction schedule, maintenance 

of escrow accounts and the financial condition of High Vista, 

Inc. and the Valley of Lakes subdivision.

	24.  At all times material and pertinent to this 

Indictment, JACK HALPERIN and PHILIP COHEN caused High 

Vista, Inc. to distribute to lending institutions, and cer-

tain prospective purchasers of property in the Valley of 

Lakes subdivision, Office of Land Sales, New York Department 

of State and United States Department of Housing and Urban 

Development, property reports and financial statements pur-

porting to contain all current material facts and information 

and financial data to accurately represent the construction 

schedule of amenities, and maintenance of escrow accounts 

at Valley of Lakes and the financial condition of High Vista, 

Inc.


				- 6 -


	25.  At all times material and pertinent to 

this Indictment, Jack Halperin did obtain from various 

lending institutions loans that were purportedly to be 

used to provide funding to complete construction of exist-

ing and proposed facilities and amenities in the Valley of 

Lakes subdivision.

		INTRODUCTION TO
	    COUNTS I THROUGH XIII

	The allegations set forth in paragraphs 1 

through 25 of the section of this Indictment entitled 

Introduction are incorporated herein by reference as 

though fully set forth within the below stated counts.

	On or about February 5, 1975, and continuing

to on or about December 1, 1978, in Luzerne County, within 

the Middle District of Pennsylvania, and elsewhere within 

the jurisdiction of this Court, the Defendants:

			JACK HALPERIN and PHILIP COHEN 

acting as agents, officers and employees of High Vista, 

Inc. did knowingly and willfully make use of and did cause 

High Vista, Inc. to make use of the means and instruments 

of transportation and communications in interstate commerce 

and of the United States; and of the mails:

		a.  To employ a device, scheme and artifice 

to defraud in selling and offering to sell lots in violation 

of Section 1703(a)(2)(A), Title 15 United States Code; and 

		b.  To obtain money and property by means of 

material misrepresentations with respect to information per-

tinent to the lots and subdivision, upon which purchasers re-

lied, in violation of Section 1703(a)(2)(B), Title 15 United

States Code; and


			- 7 -


		c.  To engage in a transaction, practice 

and course of business which operated as a fraud and 

deceit upon purchasers, in violation of Section 1703(a)(2)(C), 

Title 15 United States Code.

		(1)  It was a further part of the device, 

scheme and artifice to defraud and the transaction, prac-

tice and course of business operating as a fraud, that 

JACK HALPERIN and PHILIP COHEN offered to sell and caused 

High Vista, Inc. to offer to sell to prospective purchasers, 

lots in the Valley of Lakes subdivision and induced said 

purchasers of lots in said subdivision to purchase said 

lots by means of false and fraudulent representations and 

promises, which representations and promises the Defendants 

knew were false and fraudulent, at the time they were made.

		(2)  it was a further part of the device, 

scheme and artifice to defraud and the transaction, prac-

tice and course of business operating as a fraud, that 

JACK HALPERIN and PHILIP COHEN made untrue statements of 

material facts and omitted to state material facts required 

to be stated in property reports and amended property re-

ports filed with the United States Department of Housing 

and Urban Development and property reports filed with the 

New York Department of State, Office of Land Sales, for the 

Valley of Lakes subdivision and provided to prospective pur-

chasers of lots at the Valley of Lakes subdivision, to wit:

			(a)  That all deposits and payments 

		made with respect to the purchased lots in 

		the Valley of Lakes subdivision were placed


			- 8 -


		in escrow accounts and remained under 

		the control of the Pennsylvania real 

		estate broker of record until the deed 

		was recorded and that the deed would be 

		delivered to the purchaser after it was 

		recorded, when in truth and in fact not 

		all the deposits and paymnts made by 

		prospective purchasers were placed in 

		escrow and under the control of the 

		Pennsylvania broker of record;

			(b)  That Lake Algonquin, a proposed 

		80-acre lake, complete with dams, would be 

		completed no later than January 1, 1980, 

		when in truth and in fact, no said lake 

		or dams have been completed.

			(c)  That completion of said proposed 

		Lake Algonquin was assured by construction 

		contract entered into between the developer and 

		Central Penn Industries, Inc., Hazleton, 

		Pennsylvania, when in truth and in fact, 

		there was no such construction contract in 

		existence at the time of said representation;

			(d)  That a nine-hole golf course and/or 

		eighteen-hole golf course, complete with all 

		fairways and greens, would be completed on 

		or before December 31, 1978, when in truth 

		and in fact, said golf course, fairways and 

		greens has not been completed.


			- 9 -


			(e)  That central sewer service with 

		central Sewage disposal plant, lift station, 

		treatment plant, and pumps and sewer lines 

		would be extended by the developer to all 

		lots located in Sections A, B, C, CW, D, H, 

		1, IC, J, JA, JB, of the Valley of Lakes 

		subdivision, by January 1, 1978, when in 

		truth and in fact, said central sewer ser-

		vice system was partially complete and not 

		extended to the above referenced section 

		lots.

		(f)  That central water facilities 

		with all necessary wells, tanks, pumps, 

		and water lines would be installed by the 

		developer by January 1, 1978, to supply 

		all lots located in Sections A, B, C, CW, 

		D, H, 1, IC, J, JA, and JB, of the Valley 

		of Lakes subdivision, with adequate water, 

		when in truth and in fact, only a portion 

		of said water system has been installed to 

		the above referenced sections;

			(g)  That all roads and cul-de-sacs 

		providing access and use of the lots located 

		in Sections A, B, C, CW, D, H, I, IC, J, JA, 

		and JB of the Valley of Lakes subdivision, 

		would be paved by January 1, 1978, to service 

		all of the lots located in the subdivision, 

		when in truth and in fact, roads and cul-de-

		sacs have not been paved to date;


			- 10 -


			(h)  That all completed and existing 

		amenities would be maintained by the devel-

		oper; when in truth and in fact, the amen-

		ities have deteriorated as a result of the 

		developers' failure to maintain them.

			(i)  That all monies paid by property 

		owners for general maintenance of the roads, 

		lakes, and other amenities in Valley of Lakes 

		would be used for the general maintenance 

		of the amenities, when in truth and in fact, 

		JACK HALPERIN and PHILIP COHEN, diverted 

		said funds for other purposes;

			(j)  That a special escrow account, 

		meeting the requirements of the Department 

		of State, Office of Land Sales of the State 

		of New York be maintained to insure completion 

		of the proposed and incomplete amenities, to 

		wit: Lake Algonquin, golf course, central 

		water system, central sewage system; paving 

		of roads and cul-de-sacs; and that $2,500.00 

		from each lot sold in the Valley of Lakes 

		subdivision would be deposited in escrow with 

		Hazleton National Bank, Escrow Agent, to 

		insure completion of the aforesaid amenities, 

		when in truth and in fact the aforesaid escrow 

		account was not properly maintained by the 

		developer and $2,500.00 from all lot sales in


			- 11 -


		the subdivision were not deposited in escrow 

		with the escrow agent.

	(3)  It was a further part of the device, scheme 

and artifice to defraud that JACK HALPERIN and PHILIP COHEN 

knowingly and willfully caused to be furnished to prospective 

lot purchasers United States Department of Housing and Urban 

Development property reports that were not current and in 

effect, in order to induce the said lot purchasers to buy 

lots within the Valley of Lakes subdivision.

		COUNTS I THROUGH XIII

	The allegations set forth in paragraphs 1 through 

25 of the section of this Indictment entitled Introduction 

and the allegations contained in the introduction to Counts 

I through XIII inclusive are incorporated herein by ref-

erence as though fully set forth within these Counts.

	On or about the dates set forth in the Counts 

below at Luzerne County, Pennsylvania, within the Middle Dis-

trict of Pennsylvania, and within the jurisdiction of this 

Court,

		JACK HALPERIN and PHILIP COHEN

did knowingly and willfully sell the lots set forth in the 

Counts below to the persons identified in each Count and 

did employ the device, scheme and artifice to defraud as 

heretofore alleged and did obtain money and property by 

means of said material misrepresentations with respect to 

information pertinent to such lot and subdivision upon which 

the persons named in the Counts below relied, and did further 

engage in the transaction, practice and course of business 

which operated and would operate as a fraud and deceit upon


			- 12 -


the persons named in the Counts below; and in furtherance 

thereof, did make use of means and instruments of transpor-

tation and communication in interstate commerce, and of the 

United States mails.

COUNT		DATE		LOT NUMBER	   NAME

   I		May 24, 1976		JA-25		Douglas B. Levy
  II		August 31, 1975		D-109		John MasLropietro
 III		December 21, 1975	JA-205		Nicholas Cartabona
  IV		August 24, 1975		D-120		Eustachio Locantore
   V		August 24, 1975		CW-73		Ralph TrombetLa
  VI		September 1, 1976	A-11		Edmund J. Succa
 VII		January 11, 1976	J-64		Charles Kilby
VIII		December 6. 1975	JA-202		George Frick, III
  IX		July 14, 1976		JA-192		Liz Mammone
   X		May 29, 1976		JA-244		Joseph F. Natale
  XI		October 12, 1975	JA-144		Charles Barrall
 XII		September 14, 1975	D-132		Michael Neglia
XIII		June 30, 1976		JA-243		Louis Taffetani

	In violation of 15 United States Code, Section 

1703(a)(2)(A)(B)(C), 15 United States Code, Section 1717 

and 18 United States Code, Section 2.

		INTRODUCTION TO
	COUNTS XIV THROUGH XXXIII

	1.  The allegations set forth in paragraphsl 

through 25 of the Indictment entitled Introduction are 

incorporated herein by reference as though fully set forth 

within each of the immediately following counts.


			- 13 -


	2.  Commencing on or about February 5, 1975, 

and continuing through the present, the Defendants, JACK 

HALPERIN and PHILIP COHEN did knowingly and willfully de-

vise a scheme and artifice to defraud lot owners and pro-

spective lot owners, state and federal regulatory agencies, 

and lending institutions, in a development identified as 

Valley of Lakes through false and fraudulent pretenses, 

representations and promises.  The false and fraudulent 

pretenses, representations and promises contained in Counts 

I through XIII on pages 7 through 13 of this Indictment 

are incorporated herein by reference as though fully set 

forth herein.

	3.  Commncing on or about February 5, 1975, 

and continuing until on or about December of 1978, JACK 

HALPERIN and PHILIP COHEN did make representations to lot 

owners, prospective lot owners, and lending institutions, 

as hereinafter stated, that proceeds from lot sales, loans, 

and financing obtained by High Vista, Inc., would be util-

ized for the completion of existing and proposed amenities 

in the Valley of Lakes; when in truth and in fact, the 

said JACK HALPERIN and PHILIP COHEN, knew that said rep-

resentations were false and fraudulent when made.

	4.  It was a further part of the scheme and 

artifice to defraud that an or about June 3, 1975, the 

Defendants, JACK HALPERIN and PHILIP COHEN, borrowed from 

the Amerrican Bank and Trust Company, Reading, Pennsylvania, 

$500,000.00 to be used for completion of all amenities, 

working capital and the improvement of the Valley of Lakes 

development, when in truth and in fact only a portion of

said funds were used for those purposes.


			- 14 -


	5.  It was a further part of the scheme and arti-

fice to defraud that on or about October 1, 1975, the Defend-

ants, JACK HALPERIN and PHILIP COHEN, borrowed from the 

Hazleton National Bank the sum of $820,000.00 for the purpose 

of completing all amenities, working capital and the improve-

ment of the Valley of Lakes subdivision, when in truth and 

in fact, only a portion of said funds were used for those 

purposes.

	6.  It was a further part of the scheme and arti-

fice to defraud that on or about September 10, 1975, the 

Defendants, JACK HALPERIN and PHILIP COHIN, caused to be 

filed with the New York Department of State, Office of Land 

Sales Registration, offering statements containing mislead-

ing and untrue statements of material facts as heretofore 

alleged in Counts I through XIII of this indictment, the 

purpose of said filing was to obtain permission from the 

New York Department of State to advertise within the State 

of New York lots situate in the Valley of Lakes subdivision. 

	7. It was a further part of the scheme and arti-

fice to defraud that on or about September 30, 1975, the 

Defendants, JACK HALPERIN and PHILIP COHEN, entered into 

an escrow agreement with the Hazleton National Bank wherein 

$2,500.00 from each lot sold would be deposited to provide 

funds for the completion of all of the heretofore mentioned 

amenities in the Valley of Lakes subdivision, knowing that 

said escrow agreement would not be properly maintained and 

that funds to be deposited in said escrow account from lot 

sales would not be deposited, said funds being diverted for 

purposes other than completion of amenities.


			- 15 -


	8.  It was further a part of the scheme and arti-

fice to defraud that on or about October 20, 1975, the 

Defendants, JACK HALPERIN and PHILIP COHEN caused to be 

borrowed from the American Bank and Trust Company, Reading, 

Pennsylvania, $400,000.00 for the purpose of using a por-

tion of these funds to construct all of the amenities, work-

ing capital and for the general improvement of the Valley 

of Lakes subdivision, when in truth and in fact, only a 

portion of said funds were used for those purposes.

	9.  It was further part of the scheme and artifice 

to defraud that on or about January 15, 1976, March 15, 1976, 

and April 15, 1976, Defendant JACK HALPERIN caused High Vista, 

Inc. to issue notes to American Bank and Trust Company for 

funds disbursed for loans and checks issued by American Bank 

and Trust Company totalling $670,000.00.

	10.  It was further part of the scheme and artifice 

to defraud that on or about September 8, 1976, Defendant 

JACK HALPERIN caused Hazleton National Bank to issue a note 

to him in the amount of $102,358.00 to acknowledge a debt 

in that amount which resulted from the issuance of checks 

drawn on the High Vista, Inc. checking accounts wherein no 

funds were available to cover said checks.

	11.  It was further part of the scheme and artifice 

to defraud that on or about May 24, 1977, Defendant JACK 

HALPERIN caused Hazleton National Bank to loan $60,000.00 

to High Vista, Inc. for the purpose of providing working 

capital and for completing amenities and recreational facil-


			- 16 -


ities within Valley of Lakes, when in truth and in fact 

only a portion of said funds was used for those purposes.

	12.  It was a further part of the scheme and 

artifice to defraud that on or about October 24, 1977, 

November 17, 1977, December 14, 1977, and February 15, 

1978, Defendant JACK HALPERIN falsely and fraudulently in- 

duced Unity Savings Association, Chicago, Illinois, to 

disburse loans totalling $2,600,000.00 to American Urban 

Science Foundation, for the purpose of using a portion of 

these funds to complete the heretofore mentioned amenities 

of the Valley of Lakes subdivision, when the said JACK 

HALPERIN knew that the funds would not be applied for that 

purpose.

	13.  It was a further part of the scheme and 

artifice to defraud that the Defendants, JACK HALPERIN 

and PHILIP COHEN,, caused property reports that were not 

current or in effect at the time to be issued to pur-

chasers of the lots in Valley of Lakes development.  Said 

property reports contained untrue and misleading state-

ments concerning the completion schedules of proposed 

amenities and failed to state material facts and pertinent 

information concerning the current financial status of 

High Vista, Inc. and its affiliate corporations.

	14.  It was a further part of the scheme and 

artifice to defraud that on or about June 21, 1977, August 

5, 1975, June 23, 1976, and in the Fall of 1977, the 

Defendants JACK HALPERIN and PHILIP COHEN caused to be


			- 17 -


mailed lulling letters to purchasers containing material 

misrepresentations as to the financial status and ongoing 

construction schedule for the completion of proposed amen-

ities.  Said letters designed to induce lot purchasers to 

continue to make payments for the purchase of their lot, 

to purchase further lots and to refrain from seeking legal 

redress.

	15.  It was a further part of the scheme and 

artifice to defraud that Defendants,JACK HALPERIN and 

PHILIP COHEN, induced lot owners to mail down payment 

and monthly financing payment checks to High Vista, Inc., 

in Hazleton, Pennsylvania.

	16.  It was a further part of the scheme and 

artifice to defraud that the Defendant, JACK HALPERIN, 

caused to be filed with the Office of Land Sales Registration, 

United States Department of Housing and Urban Development, 

amended property reports for the years 1977 and 1978, in 

order to induce the heretofore stated banking and lending 

institutions to make additional loans to High Vista, Inc. 

for the completion of the amenities within the subdivision 

and initiate the implementation of further lot sales, when 

in truth and in fact, no lots were sold in the subdivision 

after October, 1976, when the Defendant knew that completion 

of the amenities would not be financially feasible or prob-

able in the Valley of Lakes subdivision.


			- 18 -


		COUNT XIV

	All the allegations contained in paragraphs 1 

through 16 of the Introduction to Counts XIV through


XXXIII are realleged and incorporated herein by reference 

as though each allegation was set forth herein at length.

	On or about November 2,, 1975, the Defendants,

		JACK HALPERIN and PHILIP COHEN

willfully and knowingly and for the purpose of executing 

the aforesaid scheme and artifice to defraud, and attempted 

to do so, did cause to be delivered by mail according to 

the direction thereon a letter addressed to High Vista, 

Inc., P.O. Box 577, Hazleton, Penna. 18201, from David W. 

Schneck, 2203 Turk Road, Doylestown, Penna. 18901, con-

taining his check number 36, dated November 2. 1975, in the 

amount of $133.04, payable to High Vista,, Inc.

	In violation of Title 18 United States Code, 

Section 1341, and 18 United States Code, Section 2.

		COUNTS XV THROUGH XXXIII

	The allegations contained in paragraphs I through 

16 of the introduction to Counts XIV through XXXIII are 

realleged and incorporated herein by reference as though 

each allegation was set forth herein at length.

	On or about the dates set forth in the Counts 

below at Hazleton, Pennsylvania, within the Middle District 

of Pennsylvania, within the jurisdiction of this Court, 

JACK HALPI&RIN and PHILIP COHEN having devised a scheme and


			- 19 -

artifice to defraud and to obtain money and property by 

means of false and fraudulent pretenses representations 

and promises and for the purpose of executing such scheme 

and artifice and attempting to do so, caused the in-

dividuals identified by the Count below to place into a 

post office,an authorized depository for mail matter, a 

letter and matter addressed to the addressees given to be 

sent and delivered by the United States Postal Service 

according to the direction thereon in the Middle District 

of Pemsylvania.








			- 20 -


COUNT	DATE			SENDER			ADDRESSEE		DOCUMENT	AMOUNT

 XV	October 14, 1975	John Mastropietro	High Vista, Inc.	Check		$123.82	

XVI	November 15, 1975	John Mastropietro	High Vista, Inc.	Check		$123.82

XVII	February 7, 1976	Nicholas J. Cartabona	High Vista, Inc.	Money		$350.00
										Order

XVIII	March 1, 1976		Nicholas J. Cartabona	High Vista, Inc.	Money		$350.00
										Order

XIX	October 10, 1975	Eustachio Locantore	High Vista, Inc.	Check		$131.73	

XX	November 5, 1975	Eustachio Locantore	High Vista, Inc.	Check		$131.73

XXI	October 13, 1975	Ralph Trombetta		High Vista, Inc.	Check		$131.73

XXII	November 10, 1975	Alex Pacyna		High Vista, Inc.	Check		$170.25

XXIII	August 2, 1975		Robert Eberhardt	High Vista, Inc.	Check		$117.24

XXIV	February 20, 1976	Francis Kelly		High Vista, Inc.	Check		$138.31

XXV	October 14, 1975	John T. Klajn		High Vista, Inc.	Check		$123.82

XXVI	August 5, 1975		Joseph Luciana		High Vista, Inc.	Check		$148.99

XXVII	November 23, 1975	Tony Rouse		High Vista, Inc.	Check		$590.00

XXVIII	April 21, 1976		Joseph Pirraglia	High Vista, Inc.	Check	      $1,090.00

XXIX	July 15, 1976		Liz Mammone		High Vista, Inc.	Check	      $3,900.00

XXX	June 1, 1976		Joseph Natale		High Vista, Inc.	Check		$790.00

XXXI	May 17, 1976		Salvatore Barbera	High Vista, Inc.	Check		$900.00

XXXII	October 20, 1975	Michael Neglia		High Vista, Inc.	Check		$ 88.26

XXXIII	January 24, 1976	Margaret Black		High Vista, Inc.	Check		$500.00


			- 21 -


			PLEAS


	NOW, this 4th day of August, 1980,

the within named defendant, JACK HALPERIN, having been

arraigned in open Court, hereby pleads Not guilty

to the within Indictment.

			/s/





	All in violation of 18 United States Code,

Section 1341 and 18 United States Code, Section 2.



			A TRUE BILL


				/s/
				FOREMAN


				7/25/80
				Date





/s/
CARLON M. O'MALLEY, JR.
United States Attorney








			- 22 -

Valley of Lakes RICO Class Action against PNCBANK, et al.

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