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- v.FOUAD ELHADIRl, BARIJA SAADOUN, HAMID KASSEM, EBONY KASHANN JAYNES, RACHID SAADOUN, KHALID KASSEM, DAWN PECK, FATIMA SAADOUN, GINO KOUSA and STACEY BROOKS
FILED UNDER SEAL MISC. NO.: DATE: OCTOBER 4, 2011
AFFIDAVIT IN SUPPORT OF COMPLAINTS FOR ARREST WARRANTS
I, Rod Khattabi, having being duly sworn, do hereby state: 1. INTRODUCTION 1. I am a Special Agent of the United States Department of Homeland
Security, Homeland Security Investigations (hereinafter "HSI") and have been so employed since 2003. Prior to HSI, I was employed as a Special Agent with the U.S. Customs Service for approximately six years and as a Special Agent with Internal Revenue Service, Criminal Investigations Division, for approximately two years. I am currently assigned to the HSI, New Haven Residency Office. 2. During the course of my career, I have participated in hundreds of
criminal investigations, including those related to customs and immigration violations. I have been the affiant on numerous affidavits in support of applications for federal search
and arrest warrants. In addition, I have received formal training in the area of document and/or benefit fraud and marriage fraud. 3. I am an investigative or law enforcement officer of the United States
within the meaning of Title 18, United States Code, Section 2510(7), in that I am empowered by law to conduct investigations and to make arrests for federal felony offenses. 4. This affidavit is submitted in support of criminal complaints for:
(1) FOUAD ELHADIRI, (2) BAHIJA SAADOUN, (3) HAMID KASSEM; (4) STACEY BROOKS, (5) EBONY KASHANN JAYNES, (6) RACHID SAADOUN, (7) DAWN PECK, (8) KHALID KASSEM, (9) GINO KOUSA and (10) FATIMA SAADOUN. The statements contained in this affidavit are based on: (1) my personal participation in the investigation; (2) information provided by Special Agents of HSI and other law enforcement officers; (3) information provided by cooperating witnesses; (4) physical surveillance; (5) audio surveillance; (6) consensually recorded conversations; (7) toll record analysis; (8) airline records; and (9) my experience and training. Unless otherwise indicated, all conversations and statements described in this affidavit are related in substance and in part and, where applicable, are based on draft transcripts. Because this affidavit is being submitted for the limited purpose of securing criminal complaints and arrest warrants, I have not included each and every fact known to me concerning this investigation. Rather, this affidavit sets forth only those facts that I believe are sufficient to establish probable cause to believe that (1) ELHADIRI, (2) BAHIJA SAADOUN, (3) HAMID KASSEM, (4) BROOKS, (5) JAYNES, (6) RACHID SAADOUN, (7) PECK, (8) KASSEM, (9) KOUSA and (10) FATIMA SAADOUN have conspired to commit
marriage fraud in violation of Title 8, United States Code, Section 1325(c), and Title 18, United States Code, Section 371. II. 5. THE DEFENDANTS FOUAD ELHADIRI is a resident of Waterbury, Connecticut. ELHADIRI Elhadiri, a Moroccan
arranged a fraudulent marriage between his brother
national, and STACEY BROOKS, a United States citizen and resident of New Haven, Connecticut. FOUAD ELHADIRI provided BROOKS with money and a trip to Morocco in exchange for BROOKS' agreement to file a petition for. enter the United States and to thereafter marry him C •.. 6. •. Elhadiri to
BARIJA SAADOUN is a resident of West Haven, Connecticut.
SAADOUN entered into a fraudulent marriage with a United States citizen, •••• BAHIJA SAADOUN also arranged fraudulent marriages between: (1) her brother RACHID SAADOUN, a Moroccan national, and JAYNES, a United States citizen; (2) her sister FATIMA SAADOUN, a Moroccan national, and KOUSA, a United States citizen; and (3) her brother-in-law KHALID KASSEM, a Moroccan national, and PECK, a United States citizen. 7. HAMID KASSEM is a resident of West Haven, Connecticut and is
BARIJA SAADOUN's second husband. HAMID KASSEM co-sponsored the immigration applications for his brother, KHALID KASSEM, and his sister-in-law, FATIMA SAADOUN, both of whom entered into fraudulent marriages so that they could immigrate to the United States from Morocco. 8. RACHID SAADOUN is BAHIJA SAADOUN's brother and a resident of RACHID SAADOUN fraudulently married EBONY
West Haven, Connecticut.
KASHANN JA YNES, a United States citizen and resident of New Haven, Connecticut. RACHID SAADOUN provided JAYNES with money and a trip to Morocco in exchange for JAYNES' agreement to file a petition for him to enter the United States and to thereafter marry him (RACHID SAADOUN). 9. FATIMA SAADOUN, who is a resideatof'West Haven, Connecticut, is
BAHIJA SAADOUN's sister. BAHIJA SAADOUN provided GINO KOUSA, a United States citizen and resident of West Haven, Connecticut, with money and a trip to Morocco in exchange for KOUSA's agreement to file a petition for FMIMA' SAADOUN to enter the United States and to thereafte~il:r:ry SAADOUN). 10. KHALID KASSEM, who is resident of West Haven, Connecticut; is BAHIJA SAADOUN provided DAWN PECK, a her (FATIMA
BAHIJA SAADOUN's brother-in-law.
United States citizen and resident of Madison, Connecticut, with money and a trip to Morocco in exchange for PECK's agreement to file a petition for KASSEM to enter the United States and to thereafter marry him (KHALID KASSEM). III. 11. PROBABLE CAUSE In November 2010, a source of information advised HSI that FOUAD Elhadiri,
ELHADIRI had arranged a fraudulent marriage between his brother, ••• and BROOKS so thaW
Elhadiri could immigrate to the United States from
Morocco. The source of information further revealed that FOUAD ELHADIRI's cousin, BAHIJA SAADOUN, had fraudulently married an individual named?
b I in 1999.
After obtaining her United States citizenship through the false marriage, BAHIJA SAADOUN arranged for her family members to enter into fraudulent marriages with
United States citizens in order to enable them to immigrate to the United States from Morocco. 12. An examination of Citizenship and Naturalization Services (hereinafter
"CIS") records, airline records and other information corroborated the information provide to HSI. For example, in support of each Form I-129F (Petition for Alien Fiance), a prospective spouse is required to submit a letter explaining the origin of the relationship. JAYNES. Your affiant has examined the letters submitted by BROOKS, PECK and All bear similar patterns in that all three defendants: (1) claim to have
engaged in a long-term, on-line relationship before traveling to Morocco to meet their future spouses, and (2) refer to numerous photographs taken during their respective oneweek trips to Morocco. Additionally, on the Form I-129F petitions, PECK, KOUSA and JAYNES each falsely listed BAHIJA SAADOUN's address as their respective places of residence. FOUAD ELHADIRI and STACEY BROOKS 13. Airline reservation records revealed that on August 27,2007, FOUAD
ELHADIRI electronically made a reservation and paid for an airline ticket for BROOKS to travel round-trip to Morocco. The travel reservation records listed FOUAD ELHADIRI as the purchaser and provided a contact email firstname.lastname@example.org. 14. CIS records indicate that on September 7, 2007, BROOKS traveled to
Morocco and returned to the United States on September 13,2007. 15. On October 4,2007, BROOKS filed a Form I-129F Petition listing
'Elhadiri as her alien fiance. Along with the application, BROOKS submitted a
communicated on a daily basis via email for over a year. Because BROOKS had insufficient income to meet the requirements for sponsoring an immigrant, a naturalized United States citizen from Morocco co-sponsored ••• 2008, the petition was approved. 16. On May, 16,2008, ••• Elhadiri. On January 14,
Elhadiri entered the United States on a K-l
and BROOKS were married in New
fiance visa. On May 19,2008, _Elhadiri Haven, Connecticut. On June 8,2008,
Elhadiri filed a Form 1-485 (Application Elhadiri stated that his address was 28
to Adjust Status). On the Form 1-485,
Blue Cliff Terrace, New Haven, CT, where FOUAD ELHADIRI and his then-wife resided. On September 11, 2008, the application was approved without an interview, granting 17. Elhadiri conditional residency. CIS records reveal that on October 26,2009,
Elhadiri departed the
United States to Morocco and never returned. 18. A confidential informant (hereinafter "CI -1") informed law enforcement CI-l stated
that he/she had met FOUAD ELHADIRI at his/her place of employment.
that FOUAD ELHADIRI invited CI-l to travel to Morocco and to bring BROOKS. CI-l added that FOUAD ELHADIRI booked and paid for the airline tickets. FOUAD ELHADIRI helped BROOKS and CI-l obtain their United States passports and paid for their passport fees. 19. CI-l stated that BROOKS and CI-l thereafter flew to Morocco and spent a
week with FOUAD ELHADIRI's family. CI-l indicated that all costs incurred in Morocco were paid by the Elhadiri family. While in Morocco, number of photographs taken of him Elhadiri had a
. 2 Elhadiri)
When CI-l returned to the United States, BROOKS informed him/her that
FOUAD ELHADIRI had convinced BROOKS to petition for an alien fiance visa to bring his brother ~lhadiri to the United States. In exchange, FOUAD ELHADIRI
agreed to pay BROOKS' rent and bills. CI-l knew that BROOKS had been going through financial hardship and needed money. CI-l witnessed FOUAD ELHADIRI paying the bills for BROOKS. 21. On May 24, 2011, under the supervision of Special Agents with HSI, CI-l During a recorded conversation, the following exchange took
met FOUAD ELHADIRI. place: CI-l:
What is going on man? I mean, man listen, FOUAD, listen. I don't know, I don't know nothing about this, you know what I'm saying? I really don't. I don't have a clue, and Stacey (BROOKS) is scared as fuck. You know my cousin? Her brother .... you know, he is getting like married with a woman, you know like ... like a fake marriage. And they called him last week, same thing, and then my cousin, you know, they never lived together, like you know she's in Virginia, or wherever, he's in West Haven, Connecticut. So they, two guys from Immigration, they stopped by and they asked him, you know, what's going on Asking him are you married with this woman, whatever ... whatever some questions and then they left.
Listen, you know why this situation is easier? Their situation, my cousin's situation, he's staying here. He's still staying here. That's why she should be scared more than we are, because she is scared about her brother, that he is going to get deported back, ok? He is gonna be deported back. But in our situation, we don't have to worry about nothing, because, I mean, the proof, tell them that it didn't work out. The proof that, where they are filing for divorce. This is the proof that we don't want it, you know what I'm saying? So yeah, I mean this is ... our situation is very easy. What they are looking for, is we already did it on our own. You know ok? It's not a big deal. He (Yassine Elhadiri) went back, pissed. She's filing for divorce. She is, has intention to go end this marriage.
Based on my training and experience, my involvement with this and others, I believe that CI-l told FOUAD
investigation and my interviews ofCI-l
ELHADIRl that he/she was nervous about being interview by Immigration agents. FOUAD ELHADIRl responded that CI-I should not worry because FOUAD ELHADIRl's cousin, BAHIJA SAADOUN, had also been interviewed by immigration
agents and nothing had happened to her. FOUAD ELHADIRl also explained that BAHIJA SAADOUN had more about which to be concerned because: (1) her brother lived with her and his "spouse" lived out-of-state, and (2) her brother remained in the United States whereas ••• 23. ELHADIRl:
Elhadiri has returned to Morocco.
Later in the same conversation, FOUAD ELHADIRl instructed CI-l: I mean tell them we took pictures and everything. Tell them that, you know, she took a picture with my brother _and you took pictures with my sister. .. you know? We have fun and everything, you know. Family, they invited us, you now, and we staying in a hotel, wherever. We invited us and had fun. And then that's it. I mean she got with him ... You already know, they going to choke her to death and she is going to ... you know. I'm just saying, with their words, they going to cross her up and she ain't gonna know and she's going to tell the truth. No, no she can't tell. Based on my training and experience, my involvement with this
investigation and my interviews ofCI~1 and others, I believe FOUAD ELHADIRI told CI-1 to use the photographs that his family had taken in Morocco as proof of BROOKS' and 25. Elhadiri' s relationship. On June 2, 2011, your affiant interviewed BROOKS in the presence of her
attorney. BROOKS stated that, in 2007, she traveled to Morocco. BROOKS explained that she did not pay for the trip and that FOUAD ELHADIRl paid for everything,
including the fees for the issuance of her passport. In Morocco, BROOKS met FOUAD ELHADIRI's brother, _Elhadiri.
took care of them during their
stay in Morocco and had many photographs of taken with BROOKS, including one photograph of BROOKS and 26.
Elhadiri in bed together.
BROOKS further related that, upon their return from Morocco, FOUAD
ELHADIRI approached BROOKS and asked her if she could help bring his brother
Elhadirifrom Morocco to the United States by marrying him. When BROOKS
explained that she was facing serious financial difficulties and was not able to pay her rent, FOUAD ELHADIRI told her that he would take care of her financial troubles. BROOKS stated that she thus agreed to fraudulently petition for and marry • Elhadiri. 27. BROOKS stated that she met FOUAD ELHADIRI at fast food places in
New Haven, Connecticut, at which time FOUAD ELHADIRI provided her with paperwork to sign. FOUAD ELHADIRI told BROOKS that a female lawyer was helping him complete the paperwork for CIS. BROOKS admitted that she knowingly and fraudulently signed the petition to be submitted to CIS. 28. BROOKS further stated that FOUAD ELHADIRI gave her cash for
approximately 18 months, including $900.00 a month for rent and additional money to pay her bills. 29. BROOKS recalled meeting
~\lhadiri at the New Haven City Hall
to be married and to sign the certificate of marriage. BROOKS indicated that the day of the marriage was the only time she saw. States. LElhadiri while he was in the United
On June 3, 2011, under the supervision oflaw enforcement, BROOKS and
CI-1 met with FOUAD ELHADIRI. During a recorded conversation, FOUAD ELHADIRI told BROOKS: ELHADIRI: Listen what happened. So this is what happened. So this is the plan. So I went through the same thing in my life with my ex-wife. So I know exactly. My cousin was the same thing. My best friend was the same thing, so I know exactly. I know better than a lawyer ... They do a routine check. They did the same thing to my cousin, like awhile ago. A little while ago. They ask him, my cousin you know, pick up the phone, ask him a couple of questions and that's it. Based on my training and experience, my involvement with this
investigation and my interviews of BROOKS and others, I believe that FOUAD ELHADIRI informed BROOKS that he was aware of a number of fraudulent marriages of the sort into which BROOKS and •• ~.~ ••Elhadiri had entered, including his own
marriage to his ex-wife; his cousin BARIJA SAADOUN's marriage to '•••••
FOUAD ELHADIRI's best friend's marriage. FOUAD ELHADIRI attempted to reassure BROOKS that immigration agents' questions were merely routine and that nothing would arise from the interviews. 32. ELHADIRI: Later in the same conversation, FOUAD ELHADIRI advised: Tell them that you got married in good faith. There is no way to find that it that was not in good faith unless you tell them by your mouth ... I did it twice. I did it twice here. I have experience .... I'm saying I helped my cousin do it. ... Yeah, he got married with a woman and she's from Virginia. She came here and she never met him. She never met him and they came here in West Haven. He lives in Terrace Avenue. Based on my training and experience, my involvement with this
investigation and my interviews of BROOKS and others, I believe that FOUAD ELHADIRI instructed BROOKS to tell immigration agents that she married in "good faith," because agents could not prove otherwise.
Towards the end of the conversation, FOUAD ELHADIRI explained: I don't want to hire a lawyer who charges me $4,000 for that, because they do. I know, I mean from my experience I can do better ... I mean I can do better than the lawyer do to be honest. ... When I was telling you somebody helping me, it was my cousin that got married before you know, like seven years ago. They got married ...her husband, they went the same thing and know everything so I was asking her. I didn't hire a lawyer. FOUAD ELHADIRI then produced a copy of the letter BROOKS had
submitted with her 1-129F Petition and gave it to BROOKS. FOUAD ELHADIRI instructed: "Our story has to converge to that letter." 36. Based on my training and experience, my involvement with this
investigation and my interviews of BROOKS and others, I believe that FOUAD ELHADIRI explained that he did not want to pay for a lawyer because he was capable of handling the immigration issues himself. FOUAD ELHADIRI further explained that his cousin BAHIJIA SAADOUN, who had fraudulently married_in 1999 and then
divorced him a few years later, had helped him through the application process. BAHIJA SAADOUN and HAMID KASSEM 37. married _ CIS records reveal that on October 28, 1999, BAHIJA a United States citizen, in Lyme, Connecticut. SAADOUN
On December 6,
1999, Keel filed a Form 1~130 (Petition for Alien Relative) on behalf of BARIJA SAADOUN. On April 20, 2000, the application was approved. Concurrently, BAHIJA On the same date, the
SAADOUN filed a Form 1-485 (Application to Adjust Status).
application was approved and BAHIJA SAADOUN was granted conditional residency. On April 22, 2002, BAHIJA SAADOUN filed a Form 1-751 (Petition to Remove
Conditions on Residence) claiming that she entered into marriage in good faith but that the marriage was terminated through divorce. BAHIJA SAADOUN's application was
initially denied because the divorce was not final at the time of filing. On June 3, 2004, BAHIJA SAADOUN filed a second Form 1-751. On November 26,2004, the application was approved without an interview. On March 4, 2005, BAHIJA SAADOUN filed an N400 (Application for Naturalization). On September 29, 2005 BAHIJA SAADOUN was sworn in as a United States citizen. 38. Four days later, on October 3, 2005, BAHIJA SAADOUN filed a Form 1On
129F (Petition for Alien Fiance) on behalf of her fiance HAMID KASSEM.
December 5, 2005, the petition was approved. On February 20, 2006, HAMID KASSEM entered the United States on a K-l fiance visa. Subsequently, on March 23, 2006, The application
HAMID KASSEM filed a Form 1-485 (Application to Adjust Status).
was approved on October 3, 2006, granting HAMID KASSEM conditional residency. On July 11,2008, HAMID KASSEM filed a Form 1-751 (Petition to Remove Conditions on Residence). On March 25,2009, the petition was approved without an interview. On On December
July 31, 2009, KASSEM filed an N400 (Application for Naturalization). 4,2009, KASSEM was sworn in as a United States citizen. DAWN PECK AND KHALID KASSEM 39. CIS records reveal that on January 1, 2008, PECK
SAADOUN traveled to Morocco; they returned on January 17, 2008. PECK's airline reservation records indicate that BAHIJA SAADOUN purchased PECK's airline ticket to Morocco and also list BAHIJA SAADOUN's correspondence. Additionally, e-mail address as the contact for airline American Express
a review of BAHIJA SAADOUN's
statements confirmed that BAHIJA SAADOUN purchased PECK's airline ticket.
On February 7, 2008, PECK filed a Form 1-129F (Petition for Alien
Fiance). Although PECK lived in Bridgeport, Connecticut at the time she filed the form, PECK listed BAHIJA SAADOUN's residence. 41. In a hand-written letter she submitted with the Form 1-129F, PECK West Haven address as her (PECK's) place of
claimed that she met KHALID KASSEM through BAHIJA SAADOUN. PECK also claimed that she fell in love with KHALID KASSEM after communicating with him via the internet for several months and that she then traveled to Morocco to meet him in person. On April 1, 2008, the petition was approved. On July 19, 2008, KHALID
KASSEM entered the United States on a K-l fiance visa. On July 21, 2008, KHALID KASSEM and PECK were married in West Haven, Connecticut. On July 30, 2008,
KHALID KASSEM filed a Form 1-485 (Application to Adjust Status). On December 4, 2008, the application was approved without an interview and KHALID KASSEM was granted conditional monetary BAHIJA residency. Because PECK had insufficient an immigrant, HAMID income to meet the KASSEM, who is
for sponsoring husband
On September 16, 2010, KHALID KASSEM filed a Form 1-751
(Petition to Remove Conditions on Residence), which remains pending. 42. On June 13,2011, your affiant interviewed PECK, who stated that she met
KHALID KASSEM through BAHIJA SAADOUN with whom she had worked. PECK stated she chatted on-line with KHALID KASSEM for a few months before traveling to Morocco at KHALID KASSEM's expense. PECK further stated that she (PECK) paid for her own passport fees. PECK claimed that she and KHALID KASSEM broke up last
year (2010) because KHALID KASSEM was very jealous. PECK added that she has been dating her new boyfriend, ...... since June 2010. Your affiant then
explained to PECK the criminal consequences of marriage fraud. PECK responded"prove it' and concluded the interview. 43. On July 12,2011, law enforcement interviewed stated
that he has known PECK for the past four (4) years, but did not begin dating her until mid-2010. • lalso stated that he knew PECK had gone to Morocco with BAHIJA
SAADOUN in order to marry someone from Morocco, but explained that he never met the person that PECK married. 44. A review of personnel records from ••• place of employment reveal
that in January 201 0, ••
" filed for an address change to 2392 Boston Post Road,
Guilford, Connecticut, where PECK lived at the time. In October 2010, PECK and ••• both filed for an address change to a residence on Summer Hill Road, Madison,
Connecticut. 45. A confidential informant (hereinafter"CI-2) informed your affiant that
he/she worked with BARIJA SAADOUN and knew PECK. CI-2 recalled that PECK and BARIJA SAADOUN traveled to Morocco together. After they returned, CI-2 heard that BARIJA SAADOUNs brother-in-law, KHALID KASSEM, was coming to the United States to marry PECK. CI-2 approached BARIJA SAADOUN and asked her if she knew that PECK had''many children:' BAHIJA SAADOUN responded that it did not matter and that the marriage between KHALID KASSEM and PECK was'fake" 46. PECK,_.,and Another confidential informant (hereinafter"CI-3), who worked with BARIJA SAADOUN, informed your affiant that __ l€and PECK
PECK have been dating for the past four years. CI-3 stated that after PECK and ••• were terminated from their employment earlier this year due to allegations of theft, that BARIJA SAADOUN told CI-3 that she (BARIJA SAADOUN) had information about the thefts but could not say anything because PECK "would destroy her." 47. Your affiant interviewed confidential informant (hereinafter "CI-4") who
also worked with PECK, BARIJA SAADOUN and Fuentes. CI-4 told your affiant that PECK and were dating when he/she met them in 2007 and that they had openly
acknowledged their relationship in 2008 even though, at that time,
CI-4 recalled that BARIJA SAADOUN invited PECK to go to Morocco and that PECK agreed. 48. Your affiant interviewed another confidential witness (hereinafter "CI-5"),
who has known PECK for a number of years. Before her trip to Morocco, PECK informed CI-5 that she was planning to fraudulently marry someone in Morocco. PECK further informed CI-5 that PECK's co-worker, a Moroccan woman named BAHIJA, asked PECK to enter into the fraudulent marriage. When CI-5, who had previously met BARIJA SAADOUN, told PECK not to do it, PECK responded that she was a "grown woman." EBONY KASHAN;N JAYNES AND RACHID SAADOUN 49. CIS records reveal that EBONY KASHANN JAYNES traveled to On
Morocco on August 11,2006 and returned to the United States on August 19,2006.
September 1, 2006, JAYNES filed a Form I-129F (Petition for Alien Fiance) on behalf of RACHID SAADOUN. In a letter attached to the Form I-129F, JAYNES claimed that she
met RACHID SAADOUN through BARIJA SAADOUN and that they had chatted over
the internet for over a year before she traveled to Morocco to meet him. On December 5, 2006, RACHID SAADOUN entered the United States on a K-1 fiance visa. On January 2, 2007, JAYNES and RACHID SAADOUN were married in Branford, Connecticut. On March 22,2007, RACHID SAADOUN filed a Form 1-485 (Application to Adjust Status). On July 23,2007, the application was approved without an interview, granting RACHID SAADOUN conditional residency. Because JAYNES did not make enough money to meet the monetary requirements for sponsoring an immigrant, BARIJA SAADOUN cosponsored her brother, RACHID SAADOUN, on the Form 1-864 (Affidavit of Support). 50. On June 19, 2009, RACHID SAADOUN filed a Form 1-751 (petition to
Remove Conditions on Residence). On October 26, 2009, the petition was approved without an interview. On July 15, 2010, RACHID SAADOUN filed a Form N400
(Application for Naturalization), which remains pending. 51. In June 2011, your affiant interviewed JAYNES on two occasions.
During the first brief interview, JA YNES asserted that she and RACHID SAADOUN had lived separately since February 2011. 52. During the second interview, JA YNES stated that she did not pay for her
trip to Morocco in 2006, but claimed she could not remember who did pay. JA YNES stated that she knew BAHIJA SAADOUN and that she worked with her. JA YNES further stated that her time in Morocco was spent with BARIJA SAADOUN and her family. 53. JAYNES continued by explaining that before the trip to Morocco,
BAHIJA SAADOUN asked JAYNES if she wanted to marry RACHID SAADOUN. Although JA YNES claimed that she sponsored RACHID SAADOUN because she
wanted to have a relationship with him, JA YNES admitted that she neither lived with RACHID SAADOUN nor actually had a relationship with RACHID SAADOUN. 54. JAYNES also stated that she lived in Georgia from 2006 through 2009,
and that RACHID SAADOUN did not live with her in Georgia. JAYNES acknowledged that RACHID SAADOUN sent her money when she asked for it, but that she had stopped receiving money a few months prior to the interview. 55. .... On September 12,2011, your affiant interviewed .
stated that he has been living with JAYNES in New Haven since 2010 when stated that he did not believe
JA YNES returned to Connecticut from Georgia .•••
that JA YNES was currently married and that JAYNES was not married while in Georgia 56. On January 10, 2011, RACHID SAADOUN was interviewed by CIS as
part of the process for his immigration application to become a naturalized United States citizen. RACHID SAADOUN provided a sworn statement, made under penalty of perjury, before CIS officer Kenneth Magee. The sworn statement was transcribed, and then reviewed, signed and initialed by RACHID SAADOUN. 57. Among the questions and answers from the January 10,2011 interview
were the following: Q. A. Where does your wife reside? My wife resides with me at 92 Terrace Avenue, West Haven, CT 06516.
Q. A. Describe the home you live at? It's a single family house with multiple levels. My wife and I live in the basement. We have our own entrance. We pay $800 each month for rent and that includes all our utilities. My brother-in-law Hamid Kassem owns the house. Other people live in the house include (sic) my sister Bahija and Hamid and my
little sister Fatima Saadoun and her husband Gino and my brother-in-law's brother Khalid Kassem and his Dawn (sic). Q. Since your arrival in the United States on July 23, 2007, have you maintained a continuous marital union with your wife? Yes.
Q. A. Has there ever been a time when you were separated? No.
Q." A. Do you have plan to divorce?
No, we are having no marital issues. I plan to be with her for the rest of my life.
Q. A. Is there anything you want to add to this statement? Not really. I have nothing further to add. 58. A check of the Department of Motor Vehicles in Georgia revealed that
JAYNES was issued a Georgia driver's license on July 26,2007 with an address in Douglasville, Georgia. Thereafter, in February 2010, JAYNES signed and submitted an application for financial assistance to the Housing Authority for the City of New Haven indicating that she (JAYNES) lived by herself with her three children. In April 2010, the Housing Authority for the City of New Haven approved her request for housing assistance effective May 2010 for a residence in New Haven, Connecticut.
GINO KOUSA and FATIMA SAADOUN 59. CIS information reveals that FATIMA SAADOUN is BAHIJA
SAADOUN's sister. On January 18,2010, KOUSA traveled to Morocco and returned on January 28,2010. 60. Travel reservation records indicate that BAHIJA SAADOUN purchased
KOUSA's airline ticket to Morocco. Credit card records confirm BAHIJA SAADOUN as the purchaser. Again, BAHIJA SAADOUN's email address(email@example.com) was listed as the contact to be used for correspondence. 61. On February 19,2010, KOUSA filed a Form 1-129F (Petition for Alien
Fiance). In a hand-written letter submitted with the Form 1-129F, KOUSA wrote that he had known RACHID SAADOUN for three years. According to' KOUSA, RACHID SAADOUN showed him a photograph of one of his sisters, FATIMA SAADOUN, who lived in Morocco. KOUSA claimed that he thereafter spoke with FATIMA SAADOUN by telephone, traveled to Morocco to meet her, and fell in love with her when he first laid eyes on her. On May 19,2010, the petition was approved. On August 15,2010, FATIMA SAADOUN entered the United States on a K-l fiance visa. On August 23,2007, KOUSA and FATIMA SAADOUN were married in West Haven, Connecticut. On September 7, 2010, FATIMA SAADOUN filed a Form 1-485 (Application to Adjust Status). On November 8,2010, the application was approved without an interview, granting FATIMA SAADOUN conditional residency. Because KOUSA did not have sufficient income to meet the monetary requirements for sponsoring an immigrant, HAMID KASSEM co-sponsored FATIMA SAADOUN on the Form 1-864 (Affidavit of Support).
A review of FATIMA SAADOUN's employment records demonstrates
that on the United States Income Tax Withholding Allowance (Form W-4A) for the year 2010, FATIMA SAADOUN designated her marital status as single despite her "marriage" to KOUSA. 63. Your affiant interviewed a confidential witness, (hereinafter "CI-6"), who
has known KOUSA for many years. CI-6 stated that KOUSA is acquainted with several individuals in Bridgeport, Connecticut, who are involved in marriage fraud. CI-6 further explained that KOUSA, who had fmancial difficulties, met a Moroccan family through those individuals from Bridgeport. CI-6 stated that although KOUSA is approximately
fifty years old, KOUSA married a Moroccan female from that family who was only in her twenties. A few months ago, KOUSA told CI-6 that "the cops" were looking at his brother-in-law, a Moroccan national, and that now he is in trouble, too. 64. Based on my training and experience, my involvement with this
investigation and my interviews ofCI-6 and others, I believe that the "brother-in-law" for whom the "cops" were looking was RACHID SAADOUN. IV. 65. CONCLUSION On the basis of the foregoing, there is probable cause to believe, and I do
believe, that from in or about August 2006 to on or about November 8, 2010, FOUAD ELHADIRI, BAHIJA SAADOUN, HAMID KASSEM, BROOKS, JAYNES, RACHID SAADOUN, PECK, KHALID KASSEM, KOUSA and FATIMA SAADOUN conspired to commit marriage fraud, in violation of Title 8, United States Code, Section 1325(c), and in violation of Title 18, United States Code, 371.
REQUEST FOR SEALING 66. Your affiant believes that public disclosure of the within affidavit and
public disclosure of the existence of the arrest warrants for the above-named individuals may tend to: compromise the investigation, cause suspects to flee in order to avoid apprehension or to destroy physical evidence or conceal proceeds of criminal activity. Accordingly, your affiant respectfully requests that the court direct Assistant United States Attorney Rahul Kale, who is assigned to investigate and prosecute this matter and who is an officer of the Court, to retain this affidavit, the complaints and the arrest warrants, and to maintain said documents in a secure place until further order of the Court.
ROD KHATtABI ' SPECIAL AGENT HOMELAND SECURITY INVESTIGATIONS
Subscribed and Sworn to before me this 4th day of October 2011.