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BEFORE ERIC N. VITALIANO
UNITED STATES DISTRICT JUDGE
DATE: 9/6/2011
CRIMINAL CAUSE FOR PLEADING
DOCKET # 11cr601 Defendant # 1
CASE: USA v. Gary Foster (bond)

COUNSEL: Isabelle Kirshner
AUSA: Michael Yaeger
Spanish Interpreter: n/a
COURT REPORTER: Michele Nardone
X CASE CALLED FOR PLEADING.
X DEFT SWORN.

X DEFENDANT ENTERS A PLEA OF GUILTY TO COUNT 1 of the information
X COURT FINDS THAT THE PLEA WAS MADE KNOWINGLY &
VOLUNTARILY AND NOT COERCED. COURT FINDS FACTUAL
BASIS FOR THE PLEA & ACCEPTS PLEA OF GUILTY TO
COUNT one of the information.
X SENTENCE DATE: TO BE SET AFTER PROBATION REPORT COMPLETE
Time in Court: 40 minutes
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AO 455 (Rev. 01/09) Waiver of an Indictment
UNITED STATES DISTRICT COURT
United States of America
v.
Gary Foster
Defendant
for the
Eastern District of New York
)
)
)
)
)
Case No. 11cr601(ENV)
WAIVER OF AN INDICTMENT
I understand that I have been accused of one or more offenses punishable by imprisonment for more than one
year. I was advised in open court of my rights and the nature of the proposed charges against me.
After receiving this advice, I waive my right to prosecution by indictment and consent to prosecution by
information.
Date:
Signature of defendant's attorney
_ Kil"hnElr
Printed name of attorney
I".,,.,. -
- - ud ssfgnature
Eric N. Vitaliano, US-.,O".,J"---__
Judge's printed name and title
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s/ENV

#
JM:MLY
F.#2011R01068
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
- - X
UNITED STATES OF AMERICA
- against -
GARY FOSTER,
Defendant.
- - - - - - X
I N FOR MAT ION
Cr. No. 1 [ - ~ 0 l
(T. 18, U.S:C., 981(a) (1) (C),
1344, 2 and 3551 et seq.; T. 21,
U.S.C., 853 (p); T. 28, U.S.C.,
2461)
THE UNITED STATES ATTORNEY CHARGES:
INTRODUCTION
Unless stated otherwise, at all times relevant to this
Information:
Relevant Person and Entity
1. The deposits of Citigroup, Inc. ("Citigroup")
were insured by the Federal Deposit Insurance Corporation.
Citigroup was a "financial institution" as defined in Title 18,
United States Code, Section 20.
2. The defendant GARY FOSTER was a vice president in
Citigroup's internal treasury finance department who worked in
that department's derivatives unit. FOSTER worked out of
Citigroup's building in Long Island City, New York. The
derivatives unit was responsible for processing payments
relating to trades of derivative instruments such as "swaps."
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.
.
In support of that function, the department processed wire
transactions between entities.
The Scheme to Defraud
3. In or about and between September 2003 and June
2011, the defendant GARY FOSTER orchestrated a scheme to defraud
Citigroup by causing Citigroup's money to be wired to his own
personal bank account at JPMorgan Chase, N.A. ("Chase"). As a
result of FOSTER's fraud, he obtained over $22 million from
Citigroup.
4. To carry out his scheme, the defendant GARY
FOSTER deducted money from various Citigroup accounts and added
it to Citigroup's cash account. FOSTER then wired the money
from Citigroup's cash account to his personal bank account at
Chase.
5. The defendant GARY FOSTER concealed the wire
transfers from the cash account to his personal bank account by
making various false accounting entries to create the appearance
that the cash account was in balance. FOSTER further concealed
his actions by placing a fraudulent contract or deal number in
the reference line of the wire transfer instructions to give the
appearance that the wires to his personal bank account were in
support of an existing Citigroup contract.
2
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1
BMKFAAOO
6. In or about and between September 2003 and June
2011, both dates being approximate and inclusive, within the
Eastern District and elsewhere, the defendant GARY FOSTER did
knowingly and intentionally execute and attempt to execute a
scheme and artifice to defraud Citigroup, a financial
institution, and to obtain moneys, funds, assets and other
property owned by, and under the custody and control of,
Citigroup by means of materially false and fraudulent pretenses,
representations and promises.
(Title 18, United States Code, Sections 1344, 2 and
3551 et ~ )
CRIMINAL FORFEITURE ALLEGATION
7. The United States hereby gives notice to the
defendant GARY FOSTER that, upon conviction of the offense
alleged in this Information, the United States will seek
forfeiture in accordance with Title 18, United States Code,
Section 981(a) (1) (C), and Title 28 United States Code, Section
2461, of any property constituting or derived from proceeds
obtained directly or indirectly as a result of such offense,
including but not limited to, a sum of money representing the
amount of gross proceeds obtained as a result of the offense.
8. If any of the above-described forfeitable
property, as a result of any act or omission of the defendant:
3
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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 Title 21,
United States Code, Section 853(p), to seek forfeiture of any
other property of the defendant up to the value of the
forfeitable property described in this forfeiture allegation.
(Title 18, United States Code, Section 981(a) (1) (C);
Title 21, United States Code, Section 853(p); Title 28, United
States Code, Section 2461)
LORETTA E. LYNCH
UNITED STATES ATTORNEY
EASTERN DISTRICT OF NEW YORK
B Y g ~ ~ t S ~ ~ ~
ACTING UNITED STATES ATTO
PURSUANT TO 28 C.F.R. 0.13
4
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