UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
Under the Securities Exchange Act of 1934
(Amendment No. 2)
Cheniere Energy Inc
(Name of Issuer)
Common
(Title of Class of Securities)
16411R109
(CUSIP Number)
Edward T Isleib, 1600 Rockcliff Road, Austin, TX 78746
(512)328-4932
(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
10/17/03
(Date of Event which Requires Filing of the
Statement)
If the filing person has previously filed a
statement on Schedule 13G to report the
acquisition that is the subject of this Schedule
13D, and is filing this schedule because of
240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check
the following box.
Note: Schedules filed in paper format shall
include a signed original and five copies of the
schedule, including all exhibits. See 240.13d-7
for other parties to whom copies are to be sent.
* The remainder of this cover page shall be
filled out for a reporting person's initial filing
on this form with respect to the subject class of
securities, and for any subsequent amendment
containing information which would alter
disclosures provided in a prior cover page.
The information required on the remainder of this
cover page shall not be deemed to be "filed" for
the purpose of Section 18 of the Securities of the
Securities Exchange Act of 1934 ("Act") or
otherwise subject to the liabilities of that
section of the Act but shall be subject to all
other provisions of the Act (however, see the
Notes).
Persons who respond to the collection of
information contained in this form are not
required to respond unless the form displays a
currently valid OMB control number.
CUSIP No. 16411R208
1. Names of Reporting Persons.
I.R.S. Identification Nos. of above persons
(entities only).
Michael Marcus
2. Check the Appropriate Box if a Member of a
Group (See Instructions)
a. N/A
b.
3. SEC Use Only
4. Source of Funds (See Instructions) PF
5. Check if Disclosure of Legal Proceedings Is
Required Pursuant to Items 2(d) or 2(e) N/A
____________________
6. Citizenship or Place of Organization
U.S.
Number of 7. Sole Voting Power 858,500
Shares Bene-
ficially by 8. Shared Voting Power
Owned by Each
Reporting 9. Sole Dispositive Power 858,500
Person With
10. Shared Dispositive Power
11. Aggregate Amount Beneficially Owned by
Each Reporting Person 858,500
12. Check if the Aggregate Amount in Row (11)
Excludes Certain Shares
13. Percent of Class Represented by Amount in Row
(11) 5.58%
14. Type of Reporting Person (See Instructions)
IN
Instructions for Cover Page
(1) Names and I.R.S. Identification Numbers of
Reporting Persons - Furnish the full legal name of
each person for whom the report is filed - i.e.,
each person required to sign the schedule itself -
including each member of a group. Do not include
the name of a person required to be identified in
the report but who is not a reporting person.
Reporting persons that are entities are also
requested to furnish their I.R.S. identification
numbers, although disclosure of such numbers is
voluntary, not mandatory (see "SPECIAL INSTRUCTIONS
FOR COMPLYING WITH SCHEDULE 13D" below).
(2) If any of these shares beneficially owned by a
reporting person are held as a member of a group and
the membership is expressly affirmed, please check row
2(a). If the reporting person disclaims membership in
a group or describes a relationship with other persons
but does not affirm the existence of a group, please
check row 29b) (unless it is a joint filing pursuant to
Rule 13d-1(k)(1) in which case it may not be necessary
to check row 2(b)).
(3) The 3rd row is for SEC internal use; please leave
blank.
(4) Classify the source of funds or other consideration
used or to be used in making purchases as required to
be disclosed pursuant to Item 3 of schedule 13D and
insert the appropriate symbol (or symbols if more than
one is necessary) in row (4):
Category of Source
Symbol
Subject Company (Company whose securities are being
acquired) SC
Bank BK
Affiliate (of reporting person)
AF
Working Capital (of reporting person)
WC
Personal Funds (of reporting person)
PF
Other OO
(5) If disclosure of legal proceedings or actions is
required pursuant to either Items 2(d) or 2(e) of
Schedule 13D, row 5 should be checked.
(6) Citizenship or Place of Organization - Furnish
citizenship if the named reporting person is a
natural person. Otherwise, furnish place of
organization. (See Item 2 of Schedule 13D.)
(7) - (11), (13) Aggregate Amount Beneficially Owned
by Each Reporting Person, etc. - rows (7) through
(11) inclusive, and (13) are to be completed in
accordance with the provisions of Item 5 of Schedule
13D. All percentages are to be rounded off to
nearest tenth (one place after decimal point).
(12) Check if the aggregate amount reported as
beneficially owned in row (11) does not include
shares which the reporting person discloses in the
report but as to which beneficial ownership is
disclaimed pursuant to Rule 13d-4 (17 CFR 240.13d-4)
under the Securities Exchange Act of 1934.
(14) Type of Reporting Person - Please classify each
"reporting person" according to the following
breakdown and place the appropriate symbol (or
symbols, i.e., if more than one is applicable,
insert all applicable symbols) on the form:
Category Symbol
Broker-Dealer BD
Bank BK
Insurance Company IC
Investment Company IV
Investment Advisor IA
Employee Benefit Plan or Endowment Fund
EP
Parent Holding Company/Control Person
HC
Savings Association SA
Church Plan CP
Corporation CO
Partnership PN
Individual IN
Other OO
Notes:
Attach as many copies of the second part of the
cover page as are needed, one reporting person per page
Filing persons may, in order to avoid unnecessary
duplication, answer items on the schedules
(Schedule 13D, 13G or 14D-1) by appropriate cross
references to an item or items on the cover
pages(s). This approach may only be used where
the cover page item or items provide all the
disclosure required by the schedule item.
Moreover, such a use of a cover page item will
result in the item becoming a part of the schedule
and accordingly being considered as "filed" for
purposes of Section 18 of the Securities Exchange
Act.
Reporting Persons may comply with their cover page
filing requirements by filing either completed
copies of the blank forms available for the
Commission, printed or typed facsimiles, or
computer printed facsimiles, provided
the documents filed have identical formats to the
forms prescribed in the Commission's regulations
and meet existing Securities Exchange Act rules as
to such matters as clarity and size (Securities
Exchange Act Rule 12b-12).
SPECIAL INSTRUCTIONS FOR COMPLYING WITH SCHEDULE
13D
Under Sections 13(d) and 23 of the Securities
Exchange Act of 1934 and the rules and regulations
thereunder, the Commission is authorized to solicit the
information required to be supplied by this schedule by
certain security holders of certain issuers.
Disclosure of the information specified in this
schedule is mandatory, except for I.R.S. identification
numbers, disclosure of which is voluntary. The
information will be used for the primary purpose of
determining and disclosing the holdings of certain
beneficial owners of certain equity securities. This
statement will be made a matter of public record.
Therefore, any information given will be available for
inspection by any member of the public.
Because of the public nature of the information,
the commission can utilize it for a variety of
purposed, including referral to other governmental
authorities of securities self-regulatory organizations
for investigatory purposes or in connection with
litigation involving the Federal securities laws or
other civil, criminal or regulatory statues or
provisions. I.R.S. identification numbers, if
furnished, will assist the Commission in identifying
security holders and, therefore, in promptly processing
statements of beneficial ownership of securities.
Failure to disclose the information requested by
this schedule, except for I.R.S. identification
numbers, may result in civil or criminal action against
the persons involved for violation of the Federal
securities laws and rules promulgated thereunder.
General Instructions
A. the item numbers and captions of the items shall
be included but the text of the items is to be
omitted. The answers to the items shall be so
prepared as to indicate clearly the coverage of
the items without referring to the text of the
items. Answer every item. If an item is
inapplicable or the answer is in the negative, so
state.
B. Information contained in exhibits to the
statements may be incorporated by reference in
answer or partial answer to any item or sub-item
of the statement unless it would render such
answer misleading, incomplete, unclear or
confusing. Material incorporated by reference
shall be clearly identified in the reference by
page, paragraph, caption or otherwise. An express
statement that the specified matter is
incorporated by reference shall be made at the
particular place in the statement where the
information is required. A copy of any
information or a copy of the pertinent pages of a
document containing such information which is
incorporated by reference shall be submitted with
this statement as an exhibit and shall be deemed
to be filed with the Commission for all purposes
of the Act.
C. If the statement is filed by a general or limited
partnership, syndicate, or other group, the
information called for by Items 2-6, inclusive,
shall be given with respect to (i) each partner of
such general partnership; (ii) each partner who is
denominated as a general partner or who functions
as a general partner of such limited partnership;
(iii) each member of such syndicate or group; and
(iv) each person controlling such partner or
member. If the statement is filed by a
co0rporation or if a person referred to in (i),
(ii), (iii) or (iv) of this Instruction is a
corporation, the information called for by the
above mentioned items shall be given with respect
to (a) each executive officer and director of such
corporation; (b) each person controlling such
corporation; and (c) each executive officer and
director of any corporation or other person
ultimately in control of such corporation.
Item 1. Security and Issuer
State the title of the class of equity securities
to which this statement relates and the name and
address of the principal executive offices of the
issuer of such securities.
Item 2. Identity and Background
If the person filing this statement or any person
enumerated in Instructions C of this statement is a
corporation, general partnership, limited partnership,
syndicate or other group of persons, state its name,
the state or other place of its
organization, its principal business, the address of
its principal office and the information required by
(d) and (e) of this Item. If the person filing this
statement or any person enumerated in Instruction C is
a natural person, provide the information specified in
(a) through (f) of this Item with respect to such
person(s).
(a) Name;
(b) Residence or business address;
(c) Present principal occupation or employment and the
name, principal business and address of any
corporation or other organization in which such
employment is conducted;
(d) Whether or not, during the last five years, such
person has been convicted in a criminal proceeding
(excluding traffic violations or similar
misdemeanors) and, if so, give the dates, nature
of conviction, name and location of court, and
penalty imposed, or other disposition of the case;
(e) Whether or not, during the last five years, such
person was a party to a civil proceeding of a
judicial or administrative body of competent
jurisdiction and as a result of such proceeding
was or is subject to a judgment, decree or final
order enjoining future violations of, or
prohibiting or mandating activities subject to,
federal or state securities laws or finding any
violation with respect to such laws; and, if so,
identify and describe such proceedings and
summarize the terms of such judgment, decree or
final order; and
(f) Citizenship
Item 3. Source and Amount of Funds or Other
Consideration
State the source and the amount of funds or other
consideration used or to be used in making the
purchases, and if any part of the purchase price is or
will be represented by funds or other consideration
borrowed or otherwise obtained for the purpose of
acquiring, holding, trading or voting the securities, a
description of the transaction and the names of the
parties thereto. Where material, such information
should also be provided with respect to prior
acquisitions not previously reported pursuant to this
regulation, If the source of all or any part of the
funds is a loan made in the ordinary course of business
by a bank, as defined in Section 3(a)(6) of the Act,
the name of the bank shall not be made available to the
public if the person at the time of filing the
statement so requests in writing and files such
request, naming such bank, with the Secretary of the
Commission. If the securities were acquired other than
by purchase, describe the method of acquisition.
Item 4. Purpose of Transaction
State the purpose or purposes of the acquisition
of securities of the issuer. Describe any plans or
proposals which the reporting persons may have which
relate to or would result in:
(a) The acquisition by any person of additional
securities of the issuer, or the disposition of
securities of the issuer;
(b) An extraordinary corporate transaction, such as a
merger, reorganization or liquidation, involving
the issuer or any of its subsidiaries;
(c) A sale or transfer of a material amount of assets
of the issuer or any of its subsidiaries;
(d) Any change in the present board of directors or
management of the issuer, including any plans or
proposals to change the number or term of
directors or to fill any existing vacancies on the
board;
(e) Any material change in the present capitalization
or dividend policy of the issuer.
(f) Any other material change in the issuer's business
or corporate structure including but not limited
to, if the issuer is a registered closed-end
investment company, any plans or proposals to make
any changes in its investment policy for which a
vote is required by section 13 of the Investment
Company Act of 1940;
(g) Changes in the issuer's charter, bylaws or
instruments corresponding thereto or other actions
which may impede the acquisition of control of the
issuer by any person;
(h) Causing a class of securities of the issuer to be
delisted from a national securities exchange or to
cease to be authorized to be quoted in an inter-
dealer quotation system of a registered national
securities association;
(i) A class of equity securities of the issuer
becoming eligible for termination of registration
pursuant to Section 12(g)(4) of the Act; or
(j) Any action similar to any of those enumerated
above.
Item 5. Interest in Securities of the Issuer
(a) State the aggregate number and percentage of
the class of securities identified pursuant to
Item 1 (which may be based on the number of
securities outstanding as contained in the most
recently available filing with the Commission by
the issuer unless the filing person has reason to
believe such information is not current)
beneficially owned (identifying those shares which
there is a right to acquire) by each person named
in Item 2. The above mentioned information should
also be furnished with respect to persons who,
together with any of the persons named in Item 2,
comprise a group within the meaning of Section
13(d)(3) of the Act:
(b) For each person named in response to
paragraph (a), indicate the number of shares as to
which there is sole power to vote or to direct the
vote, shared power to vote or to direct the vote,
sole power to dispose or to direct the
disposition, or shared power to dispose or to
direct the disposition. Provide the applicable
information required by Item 2 with respect to
each person with whom the power to vote or to
direct the vote or to dispose or direct the
disposition is shared;
(c) Describe any transactions in the class of
securities reported on that were effected during
the past sixty days or since the most recent
filing of Schedule 13D (240.13d-191), whichever is
less, by the persons named in response to
paragraph (a).
Instruction. The description of a transaction
required by Item 5(c) shall include, but
not necessarily be limited to: (1) the
identity of the person covered by Item
5(c) who effected the transaction; (2)
the date of the transaction; (3) the
amount of securities involved; (4) the
price per share of unit; and (5) where
and how the transaction was effected.
(d) If any other person is known to have the
right to receive or the power to direct the
receipt of dividends form, or the proceeds from
the sale of, such securities, a statement to that
effect should be included in response to this
item and, if such interests relates to more than
five percent of the class, such person should be
identified. A listing of the shareholders of an
investment company registered under the Investment
Company Act of 1940 or the beneficiaries of an
employee benefit plan, pension fund or endowment
fund is not required.
(e) If applicable, state the date on which the
reporting person ceased to be the beneficial owner
of more than five percent of the class of
securities.
Instruction. For computations regarding
securities which represent a right to
acquire an underlying security, see Rule
13d-3(d)(1) and the note thereto.
Item 6. Contracts, Arrangements, Understandings or
Relationships with Respect to Securities of
the Issuer
Describe any contracts, arrangements,
understandings or relationships (legal or otherwise)
among the persons named in Item 2 and between such
persons and any of the securities, finder's fees, joint
ventures, loan or option arrangements, puts or calls,
guarantees of profits, division of profits or loss, or
the giving or withholding of proxies, naming the
persons with whom such contracts, arrangements,
understandings or relationships have been entered into.
Include such information for any of the securities that
are pledged or otherwise subject to a contingency the
occurrence of which would give another person voting
power or investment power over such securities except
that disclosure of standard default and similar
provisions contained in loan agreements need not be
included.
Item 7. Material to Be Filed as Exhibits
The following shall be filed as exhibits: copies
of written agreements relating to the filing of joint
acquisition statements as required by 240.13d-1(k) and
copies of all written agreements, contracts,
arrangements, understandings, plans or proposals
relating to: (1) the borrowing of funds to finance he
acquisition as disclosed in Item 3; (2) the acquisition
of issuer control, liquidation, sale of assets, merger,
or change in business or corporate structure or any
other matter as disclosed in Item 4; and (3) the
transfer or voting of the securities, finder's fees,
joint ventures, options, puts, calls, guarantees of
loans, guarantees against loss or of profit, or the
giving or withholding of any proxy as disclosed in Item
6.
Signature
After reasonable inquiry and to the best of my
knowledge and belier, I certify that the information
set forth in this statement is true, complete and
correct.
October 17, 2003
Date
Michael Marcus
Signature
Michael Marcus
Name/Title
The original statement shall be signed by each
person on whose behalf the statement is filed or his
authorized representative. If the statement is signed
on behalf of a person by his authorized representative
(other than an executive officer or general partner of
the filing person), evidence of the representative's
authority to sign on behalf of such person shall be
filed with the statement: provided, however, that a
power of attorney for this purpose which is already on
file with the Commission may be incorporated by
reference. The name and any title of each person who
signs the statement shall be typed or printed beneath
his signature.
Attention: Intentional misstatements or omissions of
fact constitute Federal criminal violations (See 18
U.S.C. 1001)