Headley Complaint

AO 91 (REV.5/85) Criminal ComplaintUSA Patrick J. Fitzgerald, AUSAs Vicki Peters and Daniel J. Collins (312) 886-3482

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UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF ILLINOISEASTERN DIVISIONUNITED STATES OF AMERICAv.DAVID C. HEADLEY,also known as “Daood Gilani”

CRIMINAL COMPLAINT

CASE NUMBER:

UNDER SEAL

I, the undersigned complainant, being duly sworn on oath, state that the following is true and correct to thebest of my knowledge and belief:Count One - Conspiracy to Murder and Maim in a Foreign CountryBeginning no later than in or about late 2008 and continuing until on or about October 3, 2009, at Chicago, in theNorthern District of Illinois and elsewhere, defendant DAVID C. HEADLEY, within the jurisdiction of the UnitedStates, conspired and agreed with others, including individuals herein identified as Individual A, Lashkar e TaibaMember A, and Ilyas Kashmiri, to commit acts outside the United States that would consitute the offenses of murderand maiming if committed in the special maritime and territorial jurisdiction of the United States; and a conspiratorcommitted an act within the jurisdiction of the United States to effect an object of the conspiracy; in violation of Title 18, United States Code, Section 956; andCount Two - Providing Material Support to TerroristsBeginning no later than in or about late 2008 and continuing until on or about October 3, 2009, at Chicago, in theNorthern District of Illinois and elsewhere, defendant DAVID C. HEADLEY conspired with others, includingindividuals herein identified as Individual A, Lashkar e Taiba Member A, and Ilyas Kashmiri, to provide materialsupport and resources, and to conceal and disguise the nature, location, source and ownership of such materialsupport and resources, knowing and intending that they were to be used in preparation for, and in carrying out, aviolation of Title 18, United States Code, Section 956, as further set forth above in Count One; all in violation of Title 18, United States Code, Section 2339A; I further state that I am a Special Agent with the Federal Bureau of Investigation, and that this complaint is basedon the facts contained in the Affidavit which is attached hereto and incorporated herein. Signature of ComplainantLORENZO BENEDICTSpecial Agent, Federal Bureau of InvestigationSworn to before me and subscribed in my presence,October 11, 2009 atChicago, IllinoisDate City and StateARLANDER KEYS, U.S. Magistrate JudgeName & Title of Judicial Officer Signature of Judicial Officer

1

UNDER SEALAFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Special Agent Lorenzo Benedict, having been duly sworn, state as follows:1.I am a Special Agent with the Federal Bureau of Investigation (“FBI”), and have been soemployed since September 2004. I am currently assigned to conduct counter-terrorisminvestigations and have served in this position since March 2005. While working as aSpecial Agent, I have directed or otherwise been involved in investigating violations of federal law. I have completed FBI training in the investigation of counter-terrorismmatters. As a result of my training and experience, I am familiar with the tactics,methods and techniques of terrorist networks and their members.2.I submit that on the basis of the facts set forth in this affidavit, there is probable cause tobelieve that:a.Beginning no later than in or about late 2008 and continuing until on or aboutOctober 3, 2009, at Chicago, in the Northern District of Illinois and elsewhere,defendant DAVID C. HEADLEY, within the jurisdiction of the United States,conspired and agreed with others, including individuals herein identified asIndividual A, Lashkar-e-Taiba Member A, and Ilyas Kashmiri, to commit actsoutside the United States that would consitute the offenses of murder andmaiming if committed in the special maritime and territorial jurisdiction of theUnited States; and a conspirator committed an act within the jurisdiction of theUnited States to effect an object of the conspiracy; in violation of Title 18,United States Code, Section 956; andb.Beginning no later than in or about late 2008 and continuing until on or aboutOctober 3, 2009, at Chicago, in the Northern District of Illinois and elsewhere,defendant DAVID C. HEADLEY conspired with others, including individualsherein identified as Individual A, Lashkar-e-Taiba Member A, and IlyasKashmiri, to provide material support and resources, and to conceal and disguisethe nature, location, source and ownership of such material support and resources,knowing and intending that they were to be used in preparation for, and incarrying out, a violation of Title 18, United States Code, Section 956, as further

2set forth above in Count One; all in violation of Title 18, United States Code,Section 2339A.3.This affidavit is based on my personal knowledge, on my review of records and othermaterials obtained during the course of this investigation, including intercepted telephoneconversations and emails, as well as information provided to me by other investigatorsduring the course of this investigation. Searches and surveillance have been conductedpursuant to lawful court orders. Because this affidavit is for the limited purpose of setting forth facts sufficient to establish probable cause, this affidavit does not include allof the pertinent facts that I have learned in the course of this investigation.4.This affidavit summarizes the contents of certain recorded conversations. Most of theserecorded conversations were in the Urdu language. While translators have attempted totranscribe the foreign language conversations accurately, to the extent that quotationsfrom these communications are included, these are preliminary, not final translations.Voice identifications for the calls are preliminary. In most instances, voiceidentifications are based on names used during the intercepted conversations, voicerecognition that has been accomplished to date by investigators, historical informationdeveloped during this investigation, toll records, physical surveillance and subscriberinformation.5.This affidavit also includes descriptions of the contents of email communications, someof which were partially in the Urdu language. While translators have attempted totranscribe the foreign language portions of emails accurately, to the extent that quotationsfrom these emails are included, these are preliminary, not final translations. Quotationsfrom English language emails in this affidavit are as they appeared when they were sent