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TO BE SEALED

P.M

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA,

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against

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PREHISES KNOWN AND DESCRIBED AS: THE NATIONAL OFFICE OF THE 1 PROVISIONAL PARTY OF COMMUNISTS, APARTMENT ZA, 1107 CARROLL STREET, BROOKLYN, NEW YORK
2. TAE LAW OFFICES OF DANIEL FOSTER AND ASSOCIATES AND THE OFFICE OF GIN0 PARENTI, BOTH OFFICES OCCUPYING THE PREMISES OF AND KNOWN AS APARTMENT lA, 1107 CARROLL STREET, BROOKLYN, NEW YORK

THE DOCTOR'S OFFICE, APARTPlENT 1A. 1115 CARROLL STREET, BROOKLYN, NEW YORK
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4. THE BASEMENTS OF THREE ADJOINING FOUR-STORY A P A R W BUILDINGS KNOWN AS 1107, 1111 and 1115 CARROLL STREET, BROOKLYN, NEW YORK

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THE GROUND FLOOR PREMISES (AND ANY AREAS APPURTENANT THERETO)

ALSO KNOWN AS THE DESIGN STUDIO OF JADE BEHAR-TRGVES. 354 W L D
6. THE PENTHOUSE APARTMENT OF DR. ALAN PI. BERKOWITZ KNOWN AS APARTMENT 15A. 145 WEST 55TH STREET, NEWYORK, NEWY0P.K

EASTERN DISTRICT OF NEW YORK and SOUTHERN DISTRICT OF NEW YORK. SS: NEIL E. BEFXAN, being duly sworn, deposes and says that he is a special Agent of the Federal Bureau of Investigation (FBI), New York Division, Joint Terrorist Task Force, duly appointed according to law and acting as

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Your deponent has reason to believe that on the

premises known and described as:

I. THE NATIONAL OFFICE OF THE PROVISIONAL PARTY OF COMMUNISTS, APARTMENT 2A, 1107 CARROLL STREET, BROOKLYN, NEW YORK
2. THE LAW OFFICES OF DANIEL FOSTER AND ASSOCIATES AND THE OFFICE OF GIN0 PARENTI, BOTH OFFICES OCCUPYING THE PREMISES OF AND KNOWN AS APARTMENT lA, 1107 CARROLL STREET, BROOKLYN, NEW YORK

3. THE DOCTOR'S OFFICE, APARTMENT lA, 1115 CARROLL STREET, BROOKLYN, NEW YORK 4. THE BASEMENTS OF THREE ADJOINING FOUR-STORY APARTMENT BUILDINGS KNOWN AS 1107, 1111 and 1115 CARROLL STREET, BROOKLYN, NEW YORK 5. THE GROUND FLOOR PREMISES (AND ANY AREAS APPURTENANT THERETO) ALSO KNOWN AS THE DESIGN STUDIO OF JADE BEHAR-TREVES, 354 GOLD STREET, BROOKLYN, NEW YORK within the Eastern District of New York and
6. THE PENTHOUSE APARTMENT OF DR. ALRN M. BERKOWITZ KNOWN AS APARTMENT 15A, 145 WEST 55TH STREET, NEW YORK, NEW YORK

within the Southern District of New York, is being concealed certain property, namely: weapons (rifles, handguns and machineguns) and other military equipment including uniforms; explosives and bomb making equipment; all records of the Provisional Party of Communists (PPC)

- .. r relating to the purchase, storage, location and disposal of

weapons, ammunition and explosives; all books, documents and records outlining the PPC's plans for an armed insurrection against the lawful authority of the United States Government; all records relating to planned terrorist activities; all records of the "Military Fraction" of the PPC including, but not limited to, records detailing planned military activities directed against the lawful authority of the United States Government, records detailing planned terrorist activities, records concerning the location of "Military FractionN headquarters, records relating to the location of weapons, ammunition and explosives, records relating to the purchase, storage and disposal of weapons, ammunition and explosives, records relating to the identity of those individuals making up the "Military FractionIt of the PPC and records relating to the system of communications among and between the different locations of the "Military Fraction" of the PPC; and the books and records of Foxfire Enterprises, Inc.; which property is evidence and instrumentalities of a criminal offense, to wit, carrying of weapons during the commission of a felony prosecutable in a court of the United States, e.g., the possession of firearms not registered to the possessors in the National Firearms Registration and Transfer Record in violation of 26 U.S.C. §5861(d), in

violation-of Title 18, United States Code, Section 924(c)(2); the possession of firearms not registered to the

possessor in the National Firearms Registration and Transfer Record in violation of Title 26, United States Code, Section 5861(d); the corrupt endeavoring to obstruct and impede the due administration of justice in violation of Title 18, United States Code, Section 1503; and the making of materially false statements and representations in a matter within the jurisdiction of a department or agency of the United States in violation of Title 18, United States Code, Section 1001. The source of your deponent's information and the grounds for his belief are: 1.
A

confidential source (hereinafter referreb

to as CS1) is a member of the Provisional Party of Communists (PPC) and has provided information to agents of the Federal Bureau of Investigation (FBI) over the last five months. CSl's information has come from the

indoctrination and teachings CS1 has received as a member of the PPC, from the documents generated by the PPC which Csl has examined, from conversations CS1 has had with other members of the PPC and from the things CS1 has done as a member of the PPC. The following information has been supplied by CS1 except where explicitly noted:

A. The PPC was founded in approximately 1971 by a group of individuals, including Reymundo Pena, Eugenio Parente and Toni Orendain. The PPC was founded to be a revolutionary communist party whose goal is that of seizing control of the government of the United States through military force. CS1 was told repeatedly, over a period of more than one year, in indoctrination sessions and in conversations with members, that the United States government would be seized, through a coup on February 19, 1984. This incident is scheduled to begin at midnight on February 18, 1984. The coup will include a general strike on both the east and west coasts by unions under the control of the PPC; a national press conference; and agressive military action on a nationwide basis by the military arm of the PPC. (Because of the secretive nature of the PPC and because CS1 is not a member of the military arm of the PPC, CS1 does not know the nature of the military action which the PPC contemplates). The party members believe that in less than two days the U.S. government will be under their control.

B. Following the founding of the PPC, a lengthy constitution and a statement of principles were written which defined the organization's structure and intent. CS1 has informed the FBI that the constitution and the statement of principles identify the group as the PPC, USA, and as the Provisional Wing of the Party of Lenin. These documents refer to the ". . . closed, narrow and secret party of Lenin as the vehicle of revolution

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C. CS1 stated that the party underwent a major change in 1979. prior to 1979, the party was "all talk"

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with members "sitting around smoking dope in back rooms,i1 with little being accomplished. In 1979, the party shifted from I1defensevf an "acute to offensive1I phase. The new phase banned drugs and sex in order to become more efficient and instituted a ilmilitaryii type discipline. Each member began to operate on the basis of a daily "Battle Plan," in which each cadre member's day is accounted for, in writing, on a 24 hour basis.

D. At present, the PPC is divided into numerous divisions which are referred to as ilfractions.u All of these are open to any full party member (cadre), with the exception of the military fraction, which is considered secret or vlclosed.ll The military fraction is by far the largest with many members of other fractions also holding military assignments. CS1 stated that the Ifmilitaryfraction' is paramount since an loarmedcoupli to overthrow the U.S. government is the only purpose for the party's existence. Other fractions are used for recruitment, fund-raising and for legitimacy. CS1 states that membership in the military unit appears to be by invitation only, after at least one year as a full cadre member. During the first year, a continuing series of written evaluations are made and a course of regular instruction is undergone. This instruction is through a controlled reading schedule, lectures and ideological orientation.
E. CS1 observed that at least forty to fifty percent of full cadre members, who have been full members for one year, are in the military. Almost all of those who have been full members for two or three years are in the military fraction. Military assignments are frequently considered an extra job, in addition to a

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political or recruiting assignment. For example, a full time ItPolitical Commissar" would probably be a military member. F. Since the ttmilitary fractiontt is considered secret, military duties, assignments, weapons and techniques are not discussed with members outside of the military. CS1 stated this discipline is fairly rigidly enforced. CS1 described the military as disciplined, and as taking their duties seriously. Uniforms are worn during special events and regular weekly drills take place. CS1 knows very little of these drills, because CS1 is not a member of the military fraction.
G. CS1 states that numerous 'fronttt organizations, mostly unions, are run and controlled from the national office in Brooklyn, New York. These include the National Labor Federation (NLF) (an umbrella organization over the other labor organizations), the Eastern Service Workers Association (ESWA), the Western Service Workers Association (WSWA), the Eastern Farm Workers Association (EFWA), the California Homemakers Association (CHA), the Northwest Seasonal Workers Association (NWSWA), the Western Mass Labor Action and the Texas Farm Workers Association (TFWA). CS1 indicates that the PPC controls these and other labor organizations through persons who head them who are "cadrett members of the PPC.

H. CS1 has informed the FBI that one of the front organizations that the PPC uses is called Foxfire Realty or Foxfire Breeding and Development Corporation (hereinafter referred to as Foxfire). (The correct name of Foxfire as shown on the certificate of incorporation is Foxfire Enterprises, Inc., see 716, infra). Foxfire owns

-and operates three buildings at 1107, 1111 and 1115 Carroll Street, Brooklyn, New York. These buildings house different operations controlled by the PPC, including the national office of the party, the law firm of Daniel P. Foster and Associates and a doctor's office. CS1 states that these latter two entities are controlled by the PPC because they are staffed and run by full cadre members.

I. The national office of the PPC is located at 1107 Carroll Street, Apt. 2A, Crown Heights, Brooklyn, New York. All operations, except on the west coast, are run from this location and from the law office in the apartment directly below it. (See fls J, K, M and N, infra). The existence of this office and-its functions are considered secret by the PPC.
J. CSl advised that the military fraction is headquartered at 1107 Carroll Street, Crown Heights, Brooklyn. Records and files of the military fraction are filed in the law office of Daniel Foster (a full cadre member), on the first floor of that building in Apt. 1A. These records and files are concealed in a closet in the reception room of this office and constitute the administrative, personnel and financial records of the military fraction. CS1 states that this area is considered to be an extremely secure place by members of the PPC.

K. CS1 states that the Daniel Foster law office does not contain individual offices for the attorneys. The attorneys work anywhere they can find a place to sit and write. CS1 states that the records of the PPC are found all over the law office. The law office, although doing some outside

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l e g a l work, i s used a c t i v e l y t o conduct t h e PPC n a t i o n a l o f f i c e business.
L. CS1 s t a t e s t h a t t h e c u r r e n t working f i l e s of t h e PPC a r e a l s o t o be found throughout apartment 2A, 1107 Carroll Street, the national office. The f i l e s of Foxfire a r e t o be found i n t h e "Runkle Room" which i s a room i n the middle of t h e n a t i o n a l o f f i c e near t h e kitchen of t h e apartment. M. C S 1 s t a t e d t h a t Gino (Eugenia) P a r e n t i i s t h e l e a d e r of t h e PPC. P a r e n t i a l s o uses t h e name Victor Ramos i n connection with h i s work f o r t h e PPC. CS1 has examined photographs of J e r i W i l l i a m Doeden ( s e e lis 13, 14 and 15, i n f r a ) and has i d e n t i f i e d Doeden a s t h e man CS1 knows a s "Gino P a r e n t i . " C S 1 s t a t e s t h a t Gino Parentits office i s i n the f i r s t floor apartment occupied by Daniel Foster and Associates (Apt. lA, 1107 C a r r o l l S t r e e t ) . P a r e n t i ' s o f f i c e i s t h e room f a c i n g t h e s t r e e t . I t i s t h e only p r i v a t e o f f i c e i n t h e whole PPC C a r r o l l S t r e e t complex. This o f f i c e i s c a l l e d t h e f i e l d command o f f i c e . P a r e n t i u s u a l l y s l e e p s i n h i s o f f i c e and spends most of h i s time t h e r e . A c i t i z e n s band r a d i o base s t a t i o n i s located i n P a r e n t i ' s o f f i c e , a s well a s a l a r g e safe.
N. The f i n a n c i a l records of t h e PPC a r e kept u s u a l l y i n two p l a c e s , i n

P a r e n t i t s o f f i c e and a t t h e o p e r a t i o n ' s desk i n t h e room j u s t behind t h e f r o n t room of t h e n a t i o n a l o f f i c e .
0. CS1 has t o l d t h e FBI t h a t s e c u r i t y a t t h e n a t i o n a l o f f i c e of t h e p a r t y i s extremely r i g i d . A lookout i s posted on a 24 hour b a s i s i n t h e f r o n t bay window of t h e apartment which houses t h e n a t i o n a l o f f i c e , Apt. 2A, 1107 C a r r o l l S t r e e t . The l o o k o u t t s duty i s t o warn t h e n a t i o n a l o f f i c e of

-the approach of any enemies (i.e., police, FBI, etc.). CS1 has stated that a military officer is assigned as "commanding officer of the day," every day. When t h e lookout sees something suspicious, the commanding officer of the day is called, by intercom, C.B. radio, or simply shouting. After responding to the lookout window, an alert may be called. This alert may be only an increased level of 81watch,1t in which instance members may act as lookouts from other windows, doors may be locked and military members may go to the roof to obtain a better view of the area. The highest level of alert is called going into "re~eivership.~~ On these occasions, only military members are allowed to exit the room in which they are located and firearms appear very quickly. CS1 stated that alerts are called frequently. CS1 has seen armed members appear in each room, within seconds. Discipline during these periods is very strict.

P. CS1 holds the firm opinion that if law enforcement attempted "a raid," bloodshed would follow. CS1 feels that most, if not all, of the military members, would use their weapons because they believe they are engaged in armed revolution.
CS1 has observed within the Q. last 18 months large numbers of firearms at the national office on a number of occasions. A room referred to at the national office as Itthecave" houses what CS1 estimates to be over 100 firearms. On one occasion, CS1 observed two or three racks of rifles, which looked like AK-47's and military style M-1 carbines. Additionally, several olive-drab duffel bags in the room contained unknown type firearms. The "cave" is a room in the front of the second floor apartment (Apt. 2 A )

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occupied by the national office at 1107 Carroll Street.

R. CS1 has observed large numbers of firearms being removed from t h e national office on several occasions. CS1 stated that military members have made two or more trips out of the apartment housing the national office carrying two duffel bags of weapons each trip. CS1 believes that the weapons were taken to special events, involving the top party leaders, who are usually guarded by the military fraction.
S. CS1 has stated to agents of the F B I that during the last few months, the party has been working at a fever pitch to prepare for the revolution (February 18-19, 1984). Since CS1 is not a member of the military fraction, CS1 is not aware of the specific plans for military action. CSl is aware, however, that one of the party's major efforts over the last few months has been in the area of fund raising. CS1 has heard that the PPC through one of its legitimate fronts is trying to obtain a $200,000 loan from a suffolk County bank. The party is planning to take this loan and use it to secure a $400,000 loan. Members of the PPC believe that they will have raised $1,700,000 by February 1, 1984 for use in the revolution.

T. CS1 indicates that Polly Mary Gardner is National Commanding Officer of the military fraction and a National Political Commissioner.
U. CS1 states that the PPC is run in a military fashion. Detailed records are kept on almost every aspect of the lives of the members of the PPC. The telephone is rarely used. Orders are sent between the national office in Brooklyn and the regional offices by

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courier. When members of the PPC travel anywhere, they always are given a cover story to tell if stopped by the authorities.

V. The PPC has a number of "safe houses1'in the New York metropolitan area. CS1 knows of a penthouse apartment and office that are used exclusively for secret party purposes at 145 West 55th Street or 155 West 45th Street. CS1 indicates that this is one of the party's most secret locations. CS1 has slept on occasion at a safe house which is the design studio of Jade Behar-Treves. CS1 states that the studio is listed under Behar-Treves' name in the white pages of the telephone directory. (The Brooklyn telephone book lists Jade Behar-Treves at 354 Gold Street, Brooklyn, telephone number 237-2378. New York Telephone Co. informed agents of the FBI that the telephone with that number is installed in the ground floor premises of 354 Gold Street, Brooklyn, New York.) CS1 states that current PPC records are in use at the Behar-Treves premises and that in a file cabinet marked I1CDR,"the PPC stores the cadre systems files. W. A number of attorneys are cadre of the PPC. Among these are Kathryn (Kit) Decious and Kathy Paolo. CS1 states that Foxfire uses Kathy Paolo's apartment, 195 Adam Street, Apartment 7E, Brooklyn as the address for the corporation. CS1 also believes that some cadre sleep in that apartment. It is also used as the address for the law firms controlled by the PPC.
X. CSl states that the party will hold a televised press conference at the Hyatt Hotel in New Brunswick, New Jersey. CS1 states that during the press conference in order to maximize

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-publicity, a PPC member will fire a gun at objects on the walls. CS1 is also aware of a sniper incident, planned to occur at the same time as the press conference. CS1 has learned that a cadre member of the military fraction will fire a rifle or shotgun at a tractor-trailer on a highway near New Brunswick, New Jersey. From conversations which CS1 has overheard between members of the PPC, CS1 believes that these incidents are not the "military actionl1 planned by the PPC to accompany the revolution, but are only devices designed to attract attention to the press conference.

Y. CS1 states that except, for the basement, 1111 Carroll Street houses no PPC establishments. All the apartments in that building are commercially rented by Foxfire. Apt. 1A in 1115 Carroll Street is the doctor's office. The doctor's office is used as a commercial doctor's office during the day. The doctor and staff are cadre members. At night it is used for PPC meetings and briefings, and cadre members sleep there. The only PPC files in the doctor's office of which CS1 knows are the "cadre medical record^.^^ CS1 says that these latter contain little or no medical information and are more like personnel records. The doctor's office also has a C.B. radio. CS1 states that the doctor's office is guarded 24 hours a day.
2. CS1 states that the basements of the three buildings are used actively for party purposes. The PPC has cut a passageway through the basements between the three buildings to connect 1107 through to 1115.
AA. Within the past five days, CS1 has viewed at 1107 Carroll Street the following: In the office of Gino

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P a r e n t i , C S 1 saw two handgernades with p i n s i n P a r e n t i ' s desk and on t h e f l o o r a l a r g e s u i t c a s e containing numerous small s i l v e r colored automatic weapons. On a t a b l e i n the same room, CS1 saw f o u r .357 magnum p i s t o l s . I n a c l o s e t adjacent t o P a r e n t i ' s desk C S 1 saw a r i f l e . CS1 saw a number of boxes of ammunition i n t h e room. C S 1 s t a t e d t h a t Gino P a r e n t i was c a r r y i n g two pistols.

BB. Within t h e p a s t f i v e days C S 1 has observed two o t h e r persons- a t t h e n a t i o n a l headquarters c a r r y i n g p i s t o l s . C S 1 observed i n a desk drawer i n apartment 2 a t 1107 C a r r o l l S t r e e t , A one small s i l v e r p i s t o l and one p i s t o l with a wooden handle and a long b a r r e l . A d u f f l e bag propped a g a i n s t t h e wall i n apartment 2 had a r i f l e b a r r e l A protruding from i t s top.
CC. During a conversation which C s l had with Gino P a r e n t i within t h e

l a s t f i v e days, P a r e n t i s t a t e d t h a t during t h e p r e s s conference scheduled on February 18, 1984 "we w i l l have a s n i p e r on Route 1" r e f e r r i n g t o t h e i n c i d e n t a s described i n BX, supra. P a r e n t i a l s o s t a t e d t h a t he had never fought i n h i s l i f e and does n o t know i f W he w i l l be a coward b u t added, " e w i l l have t o f i g h t f o r t h r e e days.It
DD.
C S 1 s t a t e s t h a t t h e premises

of t h e n a t i o n a l o f f i c e , P a r e n t i ' s o f f i c e and t h e law o f f i c e a r e being used t o C S 1 9 s knowledge from observations within t h e l a s t f i v e days t o s t o r e records a s l a i d o u t above i n B s J, K, L, N, and U , supra.
2.

O November 10, 1983, agents of t h e FBI n

contacted a member of t h e United S t a t e s Army who w i l l be r e f e r r e d t o h e r e a f t e r a s CS2. CS1 had t o l d the FBI t h a t

-CS2 had left the party in 1983 and that the party had been upset and had tried to locate CS2. CS1 stated that CS2 had been a member of the military fraction although not an officer thereof and that CS2 would know something of the structure and purposes of the PPC.
3.

Initially during the interview with the FBI

agents, CS2 was untruthful refusing to reveal his knowledge of the PPC. When confronted with the agents1 detailed knowledge of the PPC, however, reluctantly and grudgingly provided the following information:
A. CS2 stated that in approximately 1979, CS2 joined the National Labor Federation (NLF) after hearing Gino Parenti speak about it. CS2 learned that the NLF was seeking revolutionary change to occur in the United States through the network of organizations which the NLF had established and that the revolution could come through a variety of means.

B. CS2 stated that the NLF had chosen the date of February 19, 1984 for the revolution to occur. This date was set arbitrarily as far as CS2 knows, and has been the same since CS2 joined the organization. CS2 explained that the NLF believes they could bring about a revolution on this date by starting a nationwide strike by the organizations controlled by the NLF which would cause chaos due to corporations across the country losing workers.
C. CS2 stated that the NLF has its headquarters at 1107-1111-1115 Carroll Street, Brooklyn, New York. On the second floor of the buildings a

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sentry is kept 24 hours a day to provide security and to report any strange police activity. The sentry keeps notes on any vehicles on the Elock, especially police vehicles, and reports this to Polly Gardner, the military commander.
D. CS2 explained that CS2 was a member for one year before CS2 was asked to join the military section of the group which is actually called t: military fraction by members. CS2 stated that the military fraction provided security at meetings and held military type drills. CS2 stated that after joining the military fraction sometime in 1980-1981, Gino Parenti called him into a room on the second floor of 1107 Carroll Street called the "Cave" and showed him the contents of that room. CS2 stated that approximately one year later he was again in this room. CS2 advised that on both occasions CS2 observed weapons described as follows:

One Thompson submachine gun One FNFAL (Belgian assault rifle) Five rifles One . 4 5 caliber revolver One . 4 5 caliber automatic Two .38 caliber revolvers Assorted handgun ammunition
CS2 described Parenti as holding himself out as a mercenary and that the "Cave' was a room over which Parenti had control.
E. CS2 also stated that the group stored food, clothing, uniforms

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-and auto parts in the basements of 1107, 1111 and 1115 Carroll Street.
4.

Five days after CS2 was interviewed by the He has not been heard

FBI, he deserted from the U.S. Army.

from since.

CS1 has not heard that CS2 has had any contact Your

with the party since CS2's desertion from the Army.

deponent believes that CS2 has most likely gone into hiding from both the FBI and the PPC. Other persons who leave the PPC show great fear of the party and your deponent has heard that upon occasion members of the party who want to leave the party are held against their will at the national headquarters or other PPC locations (see e.g. paragraphs 9 and 10).
5.

In December of 1981, agents of the FBI spoke

to a former member of the PPC who will be referred to as provided the following information: A. CS3 became involved with the PPC through association with the Eastern Service Workers Association (ESWA) in Philadelphia. CS3 stated that ESWA portrayed itself as an organization dedicated to helping the poor and needy and to organizing the deprived service workers of the east, i.e., domestics, attendant care workers and 1 anitorial workers. B. After CS3 had worked at ESWA for several months, one of the managers of ESWA asked if CS3 would like to become more "involved" in the work of ESWA than just helping the needy. CS3 replied that CS3 would like to become more involved. At that point CS3 began

indoctrination into the inner group of ESWA. CS3 attended lectures on Warxist Leninism." At the beginning of these secret meetings, each participant was required to sign a pledge that he would divulge nothing of the meetings to people outside of the members of the inner group. They were also always given a ''cover story1'to give to the authorities if they were stopped on their way to or from meetings. Everyone was cautioned never to break the law and bring police scrutiny upon any individual of.the inner group or upon the inner group itself. CS3 described one of the C. places at which the inner group met as an expensively-furnished penthouse apartment at 145 W. 55th Street in New York City. At that location, CS3 was asked to be a member of this inner group and accepted. CS3 was then put on one year's probation, during which time older members continued to monitor CS3's activities.
D. CS3 stated that after becoming a member part of CS3's job in Philadelphia was to solicit donations for ESWA. CS3 stated that all expenses of ESWA were paid for out of these donations. ESWA obtained all their donations under the guise of helping the needy, butthe needs of sustaining the "inner groupt1 were taken care of first. Whatever was left over was doled out to the people ESWA professed to be helping.

E. Due to the fact that CS3 was on probation, CS3 did not participate in the daily operations of the inner group. However, CS3 continued attending certain of its secret meetings. The business which was primarily discussed at these meetings concerned improving donations, increasing the size but retaining the

-selectivity of the inner group, and keeping the knowledge of the existence of the inner group secure. Detailed rpinutes were kept at each meeting, and security hen were placed outside the building when the meetings were taking place.
F. The inner group was extremely secretive about everything having to do with their activities, meetings, and members. They were very security conscious with no telephone conversations between members or other branches of ESWA allowed. On.a daily basis, a courier would take all documents and literature by pouch to Trenton, New Jersey, which appeared to be the headquarters for that area.
G. CS3 had learned of the military aspects of ESWA indirectly. Such plans were never discussed openly in the inner groups. Only the members not serving a probationary term were allowed direct knowledge of the military four-year plan. Through overheard conversations and passing remarks, CS3 learned that members received military training at various areas throughout the east coast and possibly California. With regard to the violent overthrow of the United States government, mention was made of the ESWAts infiltration of unions throughout the eastern seaboard area and that a majority of the support for the revolution will come from ESWA members in these unions. CS3 was very vague on these aspects because CS3 was not privy to inslde information, but CS3 is certain that a military four-year plan for the violent overthrow of the government exists within the inner group of ESWA.

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6.

.A

confidential source living in California

(hereafter referred to as CS4) has provided the following information to agents of the FBI: A. CS4 is familiar with the activities of the California Homemakers Association (CHA) (CSl states that this is one of the original front organizations for the PPC on the West Coast). CS4 states that February 18, 1984 is still I'D-DayB1 for the insurrection and calendars in California regional offices have circled that date signifying its importance. B. CS4 has stated that although CS4 has seen no weapons at the offices with which CS4 has had contact, members of the group admit that they have arms. C. CS4 further advised that CHA has installed a new telephone in one of its regional offices, the number known to only a very few individuals. CS4 believes this is a special telephone installed to contact regional headquarters and make other important calls. CS4 has learned from other members that the national office in Brooklyn, New York is aware of the number of this telephone.
D. CS4 advised that the pressure in the CHA is intense as the impending date draws near. CS4 has stated that at CHA only essential systems are still operating, such as those dealing with volunteers and members. CS4 states that the cadre are taking power and ordering people around.
7.

In March of 1980, a concerned citizen

(hereinafter referred to as CS8) contacted the FBI in Sacramento, California with regard to CS8's experiences as

. -a member of the Western Service Workers Association (WSWA).

CS8 provided the following information: CS8 had joined WSWA in 1978 A. because of CS8's dissatisfaction with the political/social conditions in this country. Initially, CS8 worked for WSWA at its Sacramento office recruiting new members in deprived neighborhoods and on campuses. Following this, CS8 travelled to the Oakland office of WSWA and engaged in similar work.

B. CS8 stated that WSWA, together with a sister organization, the Domestic Workers Association (both West Coast organizations), are branches of the National Labor Federation (NLF). CS8 estimated that there were probably a total of eight to ten similar front organizations on the West Coast which are branches of the NLF. A parallel organization on the East Coast would be the Eastern Farm Workers Association, headed by an individual by the name of Eugenio Parenti. CS8 also noted that Parenti is also a national coordinator for the NLF.
C. CS8 went on to state that all of these organizations are sub-organizations of the Provisional Wing of the Communist Party of the United States of the Order of Lenin. During CSB1s year and one half in the organization, CS8 became aware of a militant cadre within the NLF which was an armed unit preparing for the revolutionary overthrow of the government. CS8never advanced high enough within the organization to become personally involved with the armed unit, but had been told of the unit by other members of the NLF. CS8 stated that membership within the armed unit of the NLF was an irreversible, life-long membership which could not be

--.

voluntarily withdrawn. CS8 stated that this aspect of the membership was stressed by requiring members to pledge life-long support of the organization, which pledge was emphasized by vowing total abstinence from sex if allowed to join the unit.
8.

During November of 1983, a citizen witness

and five-year resident of the Carroll and Bedford Street area of Brooklyn (hereinafter referred to as CS5) informed members of the FBI of the following information: A. CS5 stated that several months after moving into the neighborhood, CS5 was disturbed by noise of the group at the 1107 to 1115 Carroll Street apartments. CS5 stated that during the night and into the early morning hours, members of the group would walk out of 1107 Carroll Street and enter 1115. After a while this stopped. CS5 believes that now there are passageways between the basements of 1107, 1111 and 1115 Carroll Street. CS5 states that CS5 learned that none of the basements of 1107, 1111 and 1115 Carroll Street are available for access by the tenants of the buildings.

B. Approximately one or two years ago, CS5 went to Gino Parenti's office in 1107 Carroll Street. Parenti had described himself to CS5 as the "head super" at the apartments. In the office, CS5 saw a cardboard box filled with handguns and holsters. (In February of 1984, CS5 was shown a photograph of Jeri William Doeden as the man CS5 knew as "Gino Parenti . I 1 )
C. CS5 had occasion to speak to a person who lived in one of the apartments in the buildings that Parenti's group occupies. This person

-.

was n o t a member of t h e group. According t o t h i s person, a youth named Jose Molina, l i v i n g a t 1115 C a r r o l l S t r e e t , had pigeon coops on t h e roof of h e b u i l d i n g . One day while he was up on t h e r o o f , two members of P a r e n t i I s group r a n up onto t h e roof with guns drawn and t h r e a t e n e d Molina saying t h a t they believed he was r e s p o n s i b l e f o r some b u r g l a r i e s i n t h e b u i l d i n g s . CS5 f u r t h e r l e a r n e d t h a t t h e husband of another t e n a n t i n the b u i l d i n g s was upset by t h i s r e p o r t . The husband confronted D r . S t u a r t Steinman, who works i n t h e d o c t o r ' s o f f i c e a t 1115 C a r r o l l S t r e e t and i s a member of P a r e n t i ' s group. The husband spoke t o Steinman about Molina being confronted with a weapon and expressed h i s concern over t h e same t h i n g happening t o h i s son s i n c e t h e basements were t o t a l l y o f f l i m i t s t o t e n a n t s . CS5 learned t h a t t h e husband s t r e s s e d t o Steinman t h a t he d i d n o t want h i s son confronted with a gun i f he happens t o go i n t o t h e basement while playing. CSS advised t h a t Steinman r e a c t e d by grabbing t h e ' husband and saying, " I f you o r your wife o r your k i d go i n t h e basement, we w i l l knock t h e s h i t o u t of you."
D. Other s t r a n g e behavior about P a r e n t i and h i s group t h a t CS5 noticed was t h a t a t n i g h t , about 10 t o 1 5 people a r r i v e a t t h e C a r r o l l S t r e e t l o c a t i o n and go i n t o t h e basements t o perform some kind of work. Once every one t o two months, about 40 t o 50 people come t o C a r r o l l S t r e e t around 1 0 P.M. These people a r r i v e i n numerous v e h i c l e s . CSS advised t h a t t h e s e people do n o t leave u n t i l around 2:00 A.M. and t h a t sometimes when they l e a v e , they c a r r y o u t l a r g e , bulky items, d u f f e l bags o r t h i n g s covered with b l a n k e t s . E. CS5 added t h a t t h e r e i s a guard standing a t t h e second f l o o r

window of 1107 Carroll Street 24 hours a day and that CS5 was told that this was for the protection of the tenants in the building. CS5 also noticed some of the members using small hand-held radios to talk to each other and also that there is an intercom system between the three buildings that Parenti's group uses.
9.

On January 20, 1984, members of the New York

City Police Department (NYCPD) who are members of the Joint Terrorist Task Force (FBI-NYCPD) spoke to a citizen in the Carroll Street neighborhood who will be referred to hereafter as CS6. CS6 related the following information:

A. CS6 stated that CS6 had recently met with Gino Parenti, the self-acknowledged leader of the group located in the buildings 1107-1115 Carroll Street, Brooklyn, New York. CS6 stated that in Parenti's office, CS6 saw a rifle with a clip attachment standing against the wall. CS6 further stated that during the meeting Parenti was wearing a shoulder holster with a gun handle sticking out.

B. CS6 stated that from a report CS6 had received about the group and from watching the personality changes of some of the members of the group when they are in the presence of Gino Parenti, CS6 believes that some of the members of the group living at 1107-1115 Carroll Street are possibly being held there against their will. C. CS6 stated that a great deal of secrecy always surrounds the activities of the group. The group keeps a 24 hour sentry posted in the window of 1107 Carroll Street. CS6 stated that when CS6 had asked why the sentry was there, members of the group

-were unable or unwilling to give an explanation. CS6 viewed a photograph of D. ~eri William Doeden (see 7s 13, 14 and 15, infra) and identified Doeden as the man CS6 knew as "Gino Parenti.I1 10. A concerned citizen (hereinafter referred to as CS7) in November of 1983 reported the following information to the FBI: CS7 had recently received a A. telephone call from a female acquaintance. This acquaintance indicated that she was in fear for her life and had been held against her will by the organization to which she belonged. The acquaintance indicated that the organization was the National Labor Federation, 1103 (sic) Carroll Street, Brooklyn, New York and 145 East (sic) 55th Street, New York, New York. The acquaintance stated to CS7 that she had tried to escape about six months ago but was prevented from doing so. She said she was beaten and struck with a gun. The acquaintance indicated that she and another individual were only able to escape at the present time due to the assistance of a lawyer and his wife in New York City. B. The acquaintance stated that the group was headed by Gin0 Parenti. According to the acquaintance the group at owned "4 apartmentst1 1103 (sic) Carroll Street, Brooklyn, New York. The group also owned a penthouse apartment at 145 East (sic) 55th Street in which high ranking officials spent some of their time. C. The acquaintance stated to CS7 that one of the organizations related to the National Labor Federation was the California

-.

Homemakers Association. She indicated that it may have offices in Sacramento, San Diego, and Redding, California. 11. A concerned citizen from Long Island

(hereinafter referred to as CS9) provided the following information about the experience CS9 had at a meeting of the National Labor College (NLC) in Brooklyn. (CS1

indicates that the NLC is a front organization for teaching members of the National Labor Federation (NLF)): A. The NLC held the meeting which CS9 attended at a church in Brooklyn in October of 1981. Upon arriving at the church, CS9's group was met by uniformed guards wearing fatigues, boots and berets which had red stars embossed upon them. These guards numbered 10 to 15 and were responsible for the security of-the meeting, the security of the primary speakers and the orderly running of the meeting (no one who attended this meeting was allowed to leave the building unescorted or even to go to the restroom without a guard being with them). After opening remarks, the meeting broke down into smaller groups and teachers would rotate from group to group lecturing on a number of leftist topics. B. Finally, the small groups were disbanded and everyone listened to the main speaker who was enthusiastically received. His name was Chino Parente (ph). Parente expounded upon the topics of U.S. imperialism, the Cold War, the teachings of Lenin and the need to have the American revolution to rectify the corruption of capitalism. He also spoke of communism in the U.S. and how communism in this country could not be

-modeled after Chinese, Cuban or Russian communism, but structured to fit this country (a type of American Euro-Communism).
C. Parente, when,describing how NLF was masking its real purpose of organizing and beginning the American revolution as well as how the NLF was strengthening itself and training its leaders, made the statement "We will allow leftist opposition representation in NLF as a means to hide our true reasons for beingw, and, "Our cells are under welfare covers so we may strengthen ourselves and train our leaders without interferen~e.'~CS9 stated that there was nothing more specific said about what form the American revolution would take, armed or peaceful. However, when CS9 asked one of the people that brought her to this meeting since they appeared to be advocating armed violence, were they not afraid of the government's reactions, the woman replied, "We're protected by the aftermath of the reaction to McCarthyism9'.

12. The mother of a member of the PPC provided the FBI with the following information in 1975 and 1976 (CS1 has identified the daughter described herein as a PPC cadre member presently holding a high rank in the organization.): A. The mother stated that in 1975 her daughter joined the Eastern Service Workers Association (ESWA) and after indoctrination was assigned to live in communal structures throughout the New Jersey area. The daughter told her mother that ESWA was a communist front which was attempting to organize domestic service workers and other militant laborers into a union-like

-.--

organization. The daughter f u r t h e r t o l d h e r mother t h a t ESWA had a f i v e year p l a n f o r t h e v i o l e n t overthrow of t h e United S t a t e s Government.
B. The daughter a l s o t o l d her mother t h a t E W had a "Red Guard" o r S A "Red Amy" element l o c a t e d i n various c i t i e s which held weekly p a r a m i l i t a r y drills. The daughter described t h i s army element a s being p a r t of t h e p l a n t o overthrow t h e government. The daughter s t a t e d t h a t EW had a network S A of " s a f e houseslf.
C. The daughter t o l d h e r mother i n 1976 t h a t t h e f i v e year p l a n s t i l l e x i s t e d , b u t t h a t she was no longer involved i n t h a t a s p e c t of t h e o r g a n i z a t i o n . She admitted t o her mother t h a t being a communist means you have t o break t h e law.

13.

Your deponent has read t h e r e p o r t s of an

undercover San Francisco p o l i c e o f f i c e r who met with J e r i
W i l l i a m Doeden, a/k/a

Gino Savo during 1970.

O February n

2 5 , 1970, t h e undercover o f f i c e r met with a man who

i d e n t i f i e d himself a s Gino Savo i n t h e L i t t l e Red Bookstore, 3191 Mission S t r e e t , San Francisco. (The

o f f i c e r l a t e r examined a photograph of Doeden and a i d e n t i f i e d "Gina SavoaV s Doeden.) Doeden t r i e d t o r e c r u i t

t h e undercover o f f i c e r i n t o h i s revolutionary group. Doeden t o l d t h e o f f i c e r t h a t h i s group would be engaged i n warfare with t h e U . S . Government w i t h i n 30 t o 60 days.

Doeden t o l d t h e o f f i c e r t h a t h i s group would use g u e r r i l l a warfare t a c t i c s s t r i k i n g a t p o l i c e s t a t i o n s and power

29.
? ..

plants.

The officer saw one gun and parts of another

present in the bookstore where he met Doeden. Doeden told the officer that his organization is made up of 10-man squads who are highly trained and proficient in the use of automatic weapons and terrorist tactics. Doeden accepted the officer into the group and gave him a red star which all the members of Doeden's group wore to signify their membership. 14. During the period 1969 through 1972, a confidential source (hereinafter referred to as CS10) provided FBI agents in California with information concerning a man named Jeri William Doeden. FBI files reveal that ~ e r i William Doeden has used the aliases of Eugenio Parenti and Victor Ramos among others. Significant

portions of the information which CSlO provided were corroborated from other sources. CSlO provided the following information: A. In January of 1970, CSlO met with Jeri William Doeden in "Stage One, Your Little Red Bookstore", 3191 Mission Street, San Francisco, California. In the backrooms of the bookstore, CSlO noted three rifles with loaded clips nearby and three handguns. All the weapons were in working order. Doeden told the source that he planned to recruit his own guerrilla band for the revolutionary takeover of Northern California. Doeden spoke about training a group of 18 men for the burning of a United States camp in Redding California. Doeden stated that

shortly he planned to publish a document which described Liberation Army Revolutionary Organization (LARGO) as a revolutionary guerrilla force that will take over Northern California. (Doeden did mail the LARGO documents declaring a state of revolution in Northern California to officials in Northern California in mid-March, 1970. No revolution took place.) B. On November 8, 1970, CSlO met with Doeden and six followers in Chico, California. At the meeting Doeden and his followers travelled to an open field in the area and took target practice with the weapons which the group (LARGO) had. These weapons were four .30 caliber carbines, one 30.06 rifle, three British 303 rifles, one 9mm Browning pistol, one .45 caliber pistol and a 12 guage pump shotgun. C. On December 10, 1970. CSlO met with Doeden and four of his followers to discuss Doeden's plans for future revolutionary activity. Doeden stated that he had small organized groups in each of a number of California Towns, including 30 armed activists who were ready to go. The first steps in Doeden's p.lans were to kidnap the Alameda County Sheriff and an unnamed Berkeley official. At the same time, a large explosive charge would be placed in the new San Francisco Bank of America Building. After warning officials of this, Doeden then planned to attack the San Francisco Hall of Justice with mortar fire (Doeden had shown CSlO a mortar on a previous occasion) and burn or bomb the University of California Radiological Laboratory and Atomic Reactor. Doeden further planned to dynamite every dam between Belden and Oroville, California and stated that he had individuals hiding out in a remote area near the dams. Doeden also

. --

planned to capture a radio station and use it to announce the beginning of the revolution. Doedents explained that the point of all this activity was to induce great fear Itamongthe establishment.11 Everyone present at the meeting seemed very excited by the Itwarplans. (Although terrorist incidents took place in California after this meeting, none have been tied to Doeden.) 15. On April 3, 1970, the Sutter County California Sheriff's office reported to the FBI that on that date deputies had arrested Jeri William Doeden on a "failure to providet1 warrant. At the time of arrest, Doeden was in possession of a .38 caliber Smith revolver and a loaded M-1 rifle.
16. Your deponent has examined the New York
&

Wesson

State incorporation papers for a corporation named "Foxfire Enterprises, Inc." The purposes of the corporation are "dealing with the ownership and management of buildings acquired by the corporation through the common consent of its shareholders." The office of the corporation is stated to be located in Brooklyn. Process can be served on it at 11201." Among

"195 Adams Street, #7E/Brooklyn, New York

those signing the certificate are #'KitConelly Decious, 133 Berkely Place/Brooklyn, N.Y. and "Kathleen N.Y.
M.

11217." "Stuart L. Steinman"

Paolo, 195 Adams Street, #7E/Brooklyn,

11201." Employees of the FBI have examined the

records of the Kings County Clerk's Office, Recorder of

*-

Deeds. Documents in that office indicate that Foxfire Enterprises, Inc. owns the property at 1107, 1111 and 1115 Carroll street, Brooklyn, New York. The deed to the

property was applied for by Kit Cbnelly Decious, secretary of Foxfire Enterprises, Inc., on March 3, 1982. 17. Agents of the Joint Terrorist Task Force have examined records of Galaxy Guns, Gazza Boulevard, Farmingdale, L.I. These records indicate that Kathryn

(Kit) Conelly Decious, 133 Berkeley Place, Brooklyn, New York purchased two Belgian made military assault rifles (FNFAL semi-automatic; 308 caliber) from Galaxy Guns in 1981. Rifle (ser. no. 2502651) was purchased on June 2 6 , 1981 plus 500 rounds of ammunition for $1,400.00. Rifle (ser. no. 2502646) was purchased on July 2, 1981 for $1,200.00. These rifles can hold clips of 30 or 60 rounds of ammunition. 18. In 1973, the Suffolk County Police

Department received information that weapons were present at a residence associated with the Eastern Service Workers Association (EWSA). On March 6 , 1973, pursuant to a search

warrant, the police searched the residence in Bellport, L.I. and found two fully-loaded handguns. Suffolk police records indicate that Mary K. Gardner also known as "Polly Gardner" was charged with weapons possession stemming from that search. The search warrant named ''Eugenia Parenti"

-("Fiield D i r e c t o r Mo f t h e ESWA), "Polly Gardne:" and another In a s occupying the premises where t h e guns were found. May of 1973, Det. Brown of t h e Suffolk County P o l i c e Department informed FBI agents t h a t t h e informant i n t h e case had examined a photograph of J e r i W i l l i a m Doeden and i d e n t i f i e d him a s t h e man known a s I1Eugenio P a r e n t i . "
Det.

Brown a l s o t o l d the agents t h a t one of t h e weapons s e i z e d was " r e g i s t e r e d " t o Wesley I i j i m a . I n January of 1975, ATF

Agent Mark Goldstron informed t h e FBI t h a t one of t h e weapons ( t h e .38 c a l i b e r Smith & Wesson r e v o l v e r ) s e i z e d by t h e Suffolk County P o l i c e was o r i g i n a l l y owned by Wesley Iijima. Goldstron a l s o informed t h e FBI t h a t t h e S u f f o l k

County P o l i c e informant had learned t h a t P o l l y Gardner had been holding t h e two handguns f o r Doeden. O March 12, n

1974, FBI agents interviewed Sylvia Marlene I i j i m a t h e wife of Wesley I i j i m a . Sylvia I i j i m a s t a t e d t h a t she had n o t

seen Doeden f o r two y e a r s (although she had i n d i c a t e d i n a previous interview with t h e FBI t h a t she and h e r husband had a t one time been c l o s e l y a s s o c i a t e d w i t h Doeden and h i s revolutionary a c t i v i t i e s

--

%ARGO").

She s t a t e d t h a t two

years ago while Doeden was s t a y i n g a t h e r and h e r husband's home i n C a l i f o r n i a , t h e i r Smith & Wesson r e v o l v e r , which h e r husband had purchased f o r her i n San Francisco, had turned up missing. She s t a t e d t h a t she was c e r t a i n t h a t She s t a t e d t h a t she and h e r

Doeden s t o l e t h e r e v o l v e r .

. -.-

husband d i d n o t r e p o r t t h e t h e f t because she d i d n o t want t o g e t Doeden i n t r o u b l e . 19. Your deponent has spoken t o the a t t o r n e y f o r

Prominence Realty Corp. t h e owner of t h e apartment b u i l d i n g a t 145 West 55th S t r e e t , New York, N w York. e The a t t o r n e y

s t a t e s t h a t D r . Alan M. Berkowitz holds t h e l e a s e on apartment 15A, a duplex, penthouse apartment a t 145 W. 55th Street. The a t t o r n e y s t a t e s t h a t D r . Berkowitz has n o t

paid r e n t f o r t h e apartment i n over two years and t h a t t h e Prominence Realty Corp. has been conducting v a r i o u s p i e c e s of l i t i g a t i o n a g a i n s t D r . Berkowitz t o e v i c t him from t h e premises. The a t t o r n e y s t a t e s t h a t D r . Berkowitz has n o t

been seen around t h e apartment f o r an extremely long time and t h a t t h e apartment i s being used by D r . Berkowitz's invitees.
20.

The a t t o r n e y provided your deponent with a

copy of some of t h e papers f i l e d on behalf of D r . Berkowitz i n the s u i t s . The firm of Daniel P . Foster, P.C.
K i t

r e p r e s e n t s D r . Berkowitz i n a Nw York s t a t e a c t i o n . e

Conelly Decious i n an a f f i d a v i t f i l e d i n t h a t s u i t s t a t e s t h a t D r . Berkowitz i s h e r c l i e n t and t h a t she holds power of a t t o r n e y f o r him. Decious f u r t h e r s t a t e s i n t h e

a f f i d a v i t t h a t she and her p a r e n t s stayed a t t h e penthouse apartment i n November of 1983 a t t h e i n v i t a t i o n of D r . Berkowitz. The a f f i d a v i t of K i t Conelly Decious f u r t h e r

. ..-

i n d i c a t e s t h a t "Dr.

Berkowitz has assigned p o r t i o n s of h i s
I t makes no mention

i n t e r e s t t o h i s medical colleagues."

of any law firm being run from t h e premises.

Other l e g a l

papers i n d i c a t e t h a t D r . Berkowitz i s suing t h e Prominence Realty Corp. f o r harrassment t o h i s medical colleagues i n t h e i r practices. These papers make no mention of any law

firm being run from t h e premises. 21. Your deponent has spoken t o two employees a t O being shown a photograph of Jeri n

145 W. 55th S t r e e t .

W i l l i a m Doeden, they both i d e n t i f i e d him a s being one of

t h e people who had frequented apartment 15A over t h e p a s t few years. One of t h e employees made a s i m i l a r The o t h e r

i d e n t i f i c a t i o n of a photograph of Tony Orendain.

i d e n t i f i e d Reymundo Pena from a photograph a s having frequented t h e apartment. They both i n d i c a t e d t h a t l a r g e

numbers of people came and went from t h e apartment i n groups a t odd hours. there. They believed t h a t people "crashedtt

They both noted t h a t t h e people who frequented

apartment 15A were d i f f e r e n t i n demeanor and d r e s s from t h e o t h e r t e n a n t s of t h e b u i l d i n g . These employees give no

i n d i c a t i o n t h a t any law o f f i c e i s p r a c t i c i n g o u t of t h e apartment. FBI agents have seen t h e o u t s i d e of apartment There i s no i n d i c a t i o n

15A located a t 145 W. 55th S t r e e t .

on t h e door of t h e apartment o r on t h e b u i l d i n g d i r e c t o r y

*-

that a law office is inside apartment 15A. The building directory only lists Dr. ~erkowitzas residing in Apt. 15A. 22. Agents of the FBI have been conducting discreet visual surveillance on the 1107-1115 Carroll Street apartments on an almost continuous basis since January 24, 1984. During that time, the agents have seen a guard or sentry posted at all times in the window of apartment 2A, 1107 Carroll Street, Brooklyn, New York. Regularly every morning at approximately 3:00 a.m., numerous males and females have been seen leaving 1107 Carroll Street and getting in cars. The cars travelled by

different routes to 354 Gold Street, Brooklyn, New York where they discharged their passengers. The passengers

then enter the entrance for the ground floor studio at 354 Gold Street. Upon occasion one of the cars travelled, after discharging its passengers, to the vicinity of 195 Adams Street where it was parked. On another occasion,

another of the cars after discharging some passengers at 354 Gold Street also travelled to 145 West 55th Street, New York City and discharged passengers there. 23. The Joint Terrorist Task Force has given careful consideration to how and when best to execute this warrant. A number of factors have a bearing on the decision. One of the factors is the presence of Medgar Evers College across the street from the Carroll Street

.locations. I f any shooting occurs from persons i n s i d e t h e C a r r o l l S t r e e t l o c a t i o n s , Medgar Evers College would b e i n t h e l i n e of f i r e . Considering t h i s , t h e s a f e s t t i m e f o r

execution of t h e warrant would be d u r i n g a time when t h e college is not i n session. Another f a c t o r i s the apparent

p r o p e n s i t y toward v i o l e n c e of members of the PPC e s p e c i a l l y i n regard t o protecting t h e i r headquarters. (See BlP,

supra.) I n r e g a r d t o t h i s , t h e b e s t time f o r e x e c u t i o n of
t h e warrant would be when most members a t t h e apartments a r e asleep. The members keep unusual hours a p p a r e n t l y or shortly thereafter.
S;--=

going t o bed around 3 A.M.

t h e s e a r c h of t h e C a r r o l l S t r e e t l o c a t i o n s must be contemporaneous w i t h searches a t t h e o t h e r l o c a t i o n s , we f e e l w need a u t h o r i z a t i o n f o r warrants which can be e executed a t any time of day. 24. O February 1 6 , 1984, agents of t h e FBI n

served f o r t h w i t h grand jury subpoenas on Kathryn ( K i t ) Conelly Decious and Daniel F o s t e r t o produce documents The documents a r e described i n addendum nos. 1 and 2 ( c o p i e s of t h e subpoenas served on Decious and F o s t e r , which copies a r e a t t a c h e d h e r e t o and i n c o r p o r a t e d herewith by r e f e r e n c e ) . 25. O February 16, 1984, Kathryn ( K i t ) Conelly n

Decious and Daniel F o s t e r appeared b e f o r e t h e Honorable Eugene Nickerson, United S t a t e s D i s t r i c t Judge, E a s t e r n

~istrict--*of York, to contest the validity of the New subpoenas. They indicated that they had no knowledge or awareness of the records requested in paragraphs nos. 1 and
2 in the attachments to the subpoenas. They stated

specifically in response to Judge Nickerson's questions that they did not have any records which corresponded to those requested in paragraphs 1 and 2 of the attachments to the subpoenas. Among other things, Daniel Foster stated to Judge Nickerson that his principle place of business for Daniel Foster and Associates was 145 West 55th Street in New York City.
26.

Members of the Joint Terrorist Task Force

have had the Carroll Street locations under constant surveillance since the subpoenas were served. No one has exited the premises with a container any larger than a briefcase during that time.
27. Your deponent has spoken to employees of the

Treasury Department who have searched the National Firearms Registration and Transfer Record. There is no record of any firearms registered to any person r # = d in this affidavit in connection with the PPC. Moreover, there is no record of any ----'-- of the PPC known to the FBI having

rrcmkr

a

registered any firearms in the National Firearms Registration and Transfer Record.

-.

-REFORE

your deponent respectfully prays that

warrants be issued allowing your deponent or any Special Agents of the Federal Bureau of Investigation, with proper assistance, at any time of day, to enter the premises known as described as: 1. THE NATIONAL OFFICE OF THE PROVISIONAL PARTY OF COMMUNISTS, APARTMENT 2A, 1107 CARROLL STREET, BROOKLYN, NEW YORK
2. THE LAW OFFICES OF DANIEL FOSTER AND ASSOCIATES AND THE OFFICE OF GIN0 PARENTI, BOTH OFFICES OCCUPYING THE PREMISES OF AND KNOWN AS APARTMENT 1A, 1107 CARROLL STREET, BROOKLYN, NEW YORK
3. THE DOCTOR'S OFFICE, APARTMENT lA, 1115 CARROLL STREET, BROOKLYN, NEW YORK 4. THE BASEMENTS OF THREE ADJOINING FOUR-STORY APARrnNT BUILDINGS KNOWN AS 1107, 1111 and 1115 CARROLL STREET, BROOKLYN, NEW YORK

5. THE GROUND FLOOR PREMISES (AND ANY AREAS APPURTENANT THERETO) ALSO KNOWN AS THE DESIGN STUDIO OF JADE BEHAR-TREVES, 354 COLD STREET, BROOKLYN, NEW YORK within the Eastern District of New York and
6. THE PENTHOUSE APARTMENT OF DR. ALAN M. BERKOWITZ KNOWN AS APARTMENT 15A, 145 WEST 55TH STREET, NEW YORK, NEW YORK

within the Southern District of New York and therein to search for and to seize certain property, namely: weapons

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(rifles, handguns and machineguns) and other military equipment including uniforms; explosives and bomb making equipment; all records of the Provisional Party of Communists (PPC) relating to the purchase, storage, location and disposal of weapons, ammunition and explosives; all books, documents and records outlining the PPC's plans for an armed insurrection against the lawful authority of the United States Government; all records relating to planned terrorist activities; all records of the "Military Fraction" of the PPC including, but not limited to, records detailing planned military activities directed against the lawful authority of the United States Government, records detailing planned terrorist activities, records concerning the location of "Military Fraction" headquarters, records relating to the location of weapons, ammunition and explosives, records relating to the purchase, storage and disposal of weapons, ammunition and explosives, records relating to the identity of those individuals making up the "Military Fraction1# the PPC of and records relating to the system of communications among and between the different locations of the "Military Fraction" of the PPC; and the books and records of Foxfire Enterprises, Inc.

NEIL E. HERlrlAN Special Agent Federal Bureau of Investigation Joint Terrorist Task Force

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