indictment: Count Nine (Conspiracy to Provide Material Support to Terrorism in India); CountEleven (Conspiracy to Provide Material Support to Terrorism in Denmark); and Count Twelve(Providing Material Support to Lashkar e Tayyiba).More specifically, Count Nine alleges that the defendant conspired with Headley and othersto provide material support to the conspiracies charged in Counts One and Two of the supersedingindictment. Counts One and Two allege that various members of Lashkar e Tayyiba planned andcarried out terrorist attacks in India, including the Mumbai attacks in November 2008. In CountNine, the government has alleged that beginning no later than late 2005 and continuing throughOctober 3, 2009, the defendant conspired with Headley and others to provide personnel, tangibleproperty, money, and false documentation and identification, and to conceal and disguise the natureof such support, to those who planned and carried out the Mumbai attacks. To prove the existenceof the conspiracy charged in Count Nine, the government intends to offer, among other evidence,the statements of its members, including the defendant, Headley, Zaki Lakhvi (“Zaki”), MuzzammillButt (“Muzzammill”), Sajid Mir (“Sajid”), Abu Qahafa (“Qahafa”), Abu Al Qama (“Al Qama”),Abdur Rehman Hashim Syed (“Pasha”) and Major Iqbal.
Most of the statements that thegovernment intends to offer are admissible without reliance on the co-conspirator exception. Forexample, the instructions and suggestions offered by Zaki, Muzzammill, Sajid, Qahafa, Al Qama,Pasha and Major Iqbal are not statements within the meaning of Rule 801(a). In addition, thedefendant’s own statements are not hearsay. That said, the evidence demonstrates that the
As discussed more fully in Section II of this filing, the admission of a declarant’sstatements in furtherance of a conspiracy does not require a formal charge of conspiracy againstthat declarant. Thus, the government may offer the statements of Zaki, Sajid and the othersidentified above in the absence of a formal conspiracy charge against them.2