FBI Damage Claim

COLLECTIVE FACTUAL ALLEGATIONS IN SUPPORT OF CLAIMANTS SF-95
FORMS
I. INTRODUCTION
On July 28, 2015, the Federal Bureau of Investigation (“FBI”) possessed credible
complaints from numerous sources and corroborating evidence of Dr. Larry Nassar’s (“Nassar”)
sexual assaults of young women and children over the course of a number of years and across the
globe. FBI officials who possessed this knowledge and who were in a position to end Nassar’s
predation, were grossly derelict in their duties resulting in Nassar sexually assaulting
approximately 100 young women and children between July 28, 2015, and September 12, 2016,
and conspired with the highest-ranking officials within the United States Olympic and Paralympic
Committee1 and USA Gymnastics, Inc. to conceal this known sexual abuse from foreseeable
victims. All of the Claimants who are part of this Collective SF95 submission were sexually
assaulted by Nassar after July 28, 2015 or reported their abuse to the FBI and were misled,
mistreated, and deceived by these officials. These FBI officials, through their knowledge and
acquiescence, were complicit in Nassar’s sexual assaults on Claimants, and purposefully intended
to deprive these reporting victims an opportunity to obtain justice, counseling, or closure on the
most horrific experiences of their life. The mandatory duties breached by the FBI included the
duty to properly investigate the complaints received on July 28, 2015, to tell the truth about the
status of investigation, to properly handle evidence and to timely report Nassar’s criminal conduct
to appropriate state law enforcement and child protective services. Even minimal compliance with
these mandatory duties would have prevented the harm to Claimants and the other women and
children Nassar assaulted between July 28, 2015, and September 12, 2016.
This Collective Claim is brought on behalf of these two (2) women and girls who were
sexually by Nassar after July 28, 2015, and the four (4) women who reported their abuse, and/or
should have been interviewed by the FBI and were actively deceived by the FBI.
II. STATEMENT OF FACTS
1. The SF95 submitted by the six (6) Nassar Survivors in support of this Collective
Administrative Claim is based on the July 14, 2021, Report of the Office of Inspector General of
the United States Department of Justice entitled “Investigation and Review of the Federal Bureau
of Investigation’s Handling of Allegations of Sexual Abuse by Former USA Gymnastics Physician
Lawrence Gerard Nassar” (“Report“), which is attached to this submission as Exhibit “4” and
incorporated in this statement of facts by reference. See Exhibit “4”, Report.
2. This SF 95 is also based on the sworn testimony taken at the September 15, 2021,
the United States Senate Judiciary Committee hearings concerning “Dereliction of Duty:
Examining the Inspector General’s Report of the FBI’s Handling of the Larry Nassar
Investigation.” (“Horowitz Testimony”), Testimony of Michael E. Horowitz Inspector General,
U.S. Department of Justice
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Then-known as the United States Olympic Committee.
3. From 1996 through 2016, Nassar was employed as an Osteopathic Physician and
Associate Professor at Michigan State University’s (“MSU”) Department of Family and
Community Medicine, where he treated patients. For most of that time, Nassar also was an
agent of, and/or employed by USA Gymnastics as the National Medical Coordinator and the
treating physician for gymnasts. Among the places where Nassar treated gymnasts was the
USA Gymnastics National Team Training Center in Texas, at competitions across the Globe and
the most high-profile gymnastics events in the world, including the Olympics. In addition, Nassar
worked in Michigan as the team physician for the Twistars USA Gymnastics Club and at Holt
High School. Ex. 4, Report, p. 1.
4. On July 28, 2015, USA Gymnastics (“USAG”) Chief Executive Officer, Stephen
D. Mr. Penny (“Mr. Penny”) reported to W. Jay Mr. Abbott (“Mr. Abbott") Special Agent in
Charge (“SAC”) of the FBI’s Indianapolis office allegations that Nassar, USAG’s National
Medical Director, had sexually assaulted multiple female gymnasts. Ex. 4, Report, p. 22-23.
5. Mr. Abbott, as the SAC in the Indianapolis Field Office, was the highest authority
at that FBI Field Office. Reporting to him was the Supervisory Special Agent (“SSA”) Michael
Langeman (“Mr. Langeman”), the Indianapolis Assistant Special Agent in Charge (“ASAC”)
(unnamed by the OIG and referred to as “Mr. Y”), and several Special Agents or SAs. Report, p.
4.
6. Mr. Y joined the FBI in 2002 and primarily worked on violent crimes and crimes
against children before becoming involved in the Nassar investigation. Exhibit “4”, Report, p. 5.
7. Mr. Abbott joined the FBI in 1987. From July 2014 through his retirement in
January 2018, he was the SAC of the FBI’s Indianapolis Field Office. Ex. 4, Report, p. 4.
8. Mr. Langeman, Mr. Abbott and Mr. Y are the three FBI officials responsible for
the gross mishandling of the Nassar investigation, the ensuing efforts to lie about and conceal the
FBI’s culpability for failing to stop Nassar and for the considerable harm to more than 100 young
women and children who were sexually assaulted between July 28, 2015, and mid-September
2016.
9. On June 17, 2015, USAG was informed that multiple athletes were uncomfortable
with treatment methods that Nassar had performed on them. Over the course of the next five
weeks, USAG conducted an internal investigation with the assistance of a private investigator.
USAG did not make any report to civil child protection or local law enforcement authorities. Ex.
4, Report, pp. 22- 23
10. On July 3, 2015, USAG engaged a private investigator to conduct an internal

investigation into allegations that Nassar had sexually abused gymnasts. The investigator
interviewed three gymnasts (Ms. McKayla Maroney, Ms. Maggie Nichols and Ms. Aly Raisman)
and reported to Mr. Penny that she had received “an unambiguous claim of sexual abuse” by
Nassar. Ex. 4, Report, p. 23. The investigator did not make any report to civil protection or local
law enforcement authorities.
11. At the USAG headquarters is in Indianapolis, Mr. Penny and other USAG
executives had a one-hour face-to-face meeting with Mr. Abbott and two Special Agents at the
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FBI Indianapolis Field Office on July 28, 2015. Mr. Penny informed the FBI agents that the three
gymnasts were available for interviews.
12. Mr. Penny provided Mr. Abbott and the two Special Agents with a detailed
Memorandum articulating the results of the USAG’s internal investigation. This Memorandum
fully corroborated the allegations of sexual abuse made against Nassar and included summaries of
the three Gymnasts’ statements. This Memorandum was not in the FBI files when the OIG
requested to see it. When questioned by the OIG, Mr. Langeman falsely claimed that he could not
recall seeing the Memorandum. Mr. Penny later supplied the Memorandum to the OIG. Ex.1,
Report, p.24. Furthermore, based upon information and therefore belief, Mr. Penny is believed to
have informed the FBI of the identities of victims of Larry Nassar, including Ms. Maroney, Ms.
Raisman, Ms. Nichols and Ms. Simone Biles.
13. The many assaults described in the Memorandum occurred in Michigan, Texas,
California and several other states and foreign countries. Mr. Penny also gave Mr. Abbott and the
two Special Agents a thumb drive containing PowerPoint slides and videos that Nassar had
provided USAG showing Nassar performing his purported techniques on athletes. Id.
14. Nassar claimed that he penetrated the vaginas and rectums of his “patients” as part
of approved medical treatment and the slides and videos established the medical nature of the
penetrations. Ex. 4, Report, p. 25.
15. Shortly after this meeting, USAG informed Nassar that he was not allowed to attend
USAG sanctioned events. This directive led to a coordinated a concerted effort by FBI officials
and the USAG managers, including but not limited to Mr. Penny, Mr. Abbott, and others, to
concoct a false narrative and story regarding Nassar’s purported retirement from his position of
National Medical Director of USAG in September 2015, without reference to any of the pending
allegations of abuse against Nassar. Under the false pretenses of this concocted story, Nassar
maintained his position at MSU, Twistars USA Gymnasts Club and Holt High School and
continued to abuse young woman unabated, all while the highest ranking officials within the
USAG (including but not limited to Steve Penny), USOPC (including but not limited to former
Chairman of the Board Larry Probst, former Chief Executive Officer Scott Blackmun, and Chief
of Sport Performance and National Governing Bodies, Rick Adams) and the investigators with the
FBI knew Nassar to be a molester and abuser. Ex. 4, Report, p. i.
16. The FBI was fully aware that Nassar remained free to “treat” young women and
underaged gymnasts at MSU, Twistars and Holt High School and failed to take steps to mitigate
his threat to this vulnerable group. Ex.4, Report, p. 78.
17. Over the next six weeks, the Indianapolis Field Office conducted minimal follow-
up, which involved conducting a telephonic interview on September 2, 2015, with one the three
athletes, Ms. Maroney, reviewing the Thumb Drive supplied by Mr. Penny and discussing the
allegations with the U.S. Attorney’s Office (“USAO”) in the Southern District of Indiana and the
FBI’s Detroit Field Office.
18. On September 2, 2015, Indianapolis Supervisory Special Agent, Michael

Langeman, conducted an hours long interview with Ms. Maroney, during which, Ms. Maroney
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detailed the molestations she had suffered at the hands of Nassar from the time of their first meeting
when she was an adolescent. She disclosed how Nassar had assaulted her – penetrating her vagina
with his fingers – upon their first meeting in Texas, when she was just 13 years old, how he had
subsequently molested her for hours while in Tokyo, Japan when she was 15 years old, and then
molested her “for hours twice a day” while in London, United Kingdom.
19. Despite the detail provided by Ms. Maroney and being so required, Mr. Langeman
did not prepare the necessary FD-302, which is the official record of an FBI witness interview,
until February 2017. Ex. 4, Report, p. i, 18, 65.
20. The Indianapolis Office did not formally document any of its investigative activity,
including its July meeting with USAG representatives and its September 2nd telephone interview
with Maroney. Ex. 4, Report, p. i. The OIG found that there was no formal documentation of that
meeting or interview. The only "contemporaneous" record was five pages of handwritten notes
prepared by the two SAs well after the fact and based solely on their memory. Ex. 4, Report, pp. i
and 23.
21. The FBI Indianapolis Field office and the Indiana USAO concluded that there was
no venue in Indianapolis because it had no geographical connection with the alleged crimes.
Further, despite failing to take investigatory action to reach a conclusive determination, both
offices had serious concerns whether the allegations against Nassar were sufficient to support
federal jurisdiction. Ex. 4, Report, p. i, ii.
22. Despite knowing that Nassar continued to abuse victims, the FBI Indianapolis Field
Office did not advise state or local law enforcement authorities in any venue or jurisdiction about
the allegations and did not take any action to mitigate the risk to gymnasts that Nassar was
continuing to abuse. Ex. 4, Report, p. ii.
23. The Assistant United States Attorney in Indiana (“AUSA”) advised the FBI
Indianapolis Field Office to transfer the case to the FBI’s Lansing Resident Agency. However,
the Indianapolis Field Office failed to do so, despite informing USAG on September 4th that it had
transferred the matter to the FBI’s Detroit Field Office. Ex. 4, Report, p. ii.
24. After more than eight months of FBI inactivity, USAG officials contacted the FBI’s
Los Angeles Field Office and met with that office on May 11, 2016, to report the same allegations
concerning Nassar that it had provided the Indianapolis Field Office in July of 2015. Ex. 4, Report
ii, p. 18
25. The Los Angeles Field Office then contacted the Indianapolis Field Office. The
Indianapolis Field Office falsely advised the Los Angeles Office that it had created a formal FBI
Complaint in 2015 to transfer the Nassar allegations to the Lansing Resident Agency. Ex. 4,
Report, p. ii.
26. The Los Angeles Office opened a federal sexual tourism investigation against
Nassar and undertook numerous investigative steps, including interviewing several of Nassar’s
alleged victims. The Los Angeles Office did not reach out to any state or local authorities in any
venue or jurisdiction, despite its awareness of allegations that Nassar may have violated state laws
and uncertainly whether the evidence would support any federal criminal charges. The LA Office
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failed to take any action to mitigate the risk to young women and underaged girls whom Nassar
continued to treat. Ex. 4, Report, p. ii.
27. On August 20, 2016, the MSU Police Department (“MSUPD”) received a separate
complaint from a gymnast who stated that she was sexually assaulted by Nassar when she was 16
years old. That same month the Indianapolis Star ran a story describing sexual assault allegations
against Nassar by two former gymnasts. Ex. 4, Report, pp. ii, 18-19.
28. On September 13, 2016, Nassar was suspended from his practice because of the
Indianapolis Star revelations and the investigation by the MSUPD. Ex. 4, Report, p. 19.
29. On September 20, 2016, the MSUPD executed a search warrant and discovered that
Nassar possessed 37,000 images of child pornography. Ex. 4, Report, p. 19.
30. As a result of the news stories and the MSUPD investigation, the FBI Lansing
Resident Agency opened its child pornography Nassar investigation on October 5, 2016. Neither
the Indianapolis nor the Los Angeles FBI Field Offices had previously informed the Lansing
Resident Agency of the allegations even though it knew Nassar was committing crimes in nearby
East Lansing. Ex. 4, Report, p. ii,19.
31. On November 21, 2016, Nassar was arrested by the MSUPD for criminal sexual
conduct. Nassar was released on bond. Ex. 4, Report, p. 19.
32. On December 16, 2016, Nassar was arrested by the FBI for possession of child
pornography, which was evidence provided from a search warrant obtained by local law
enforcement. Ex. 4, Report, p. 19. It was not until after the FBI was given the evidence obtained
from local law enforcement that the FBI ever endeavored to obtain its own search warrant for
evidence related to Nassar.
33. The FBI in Indianapolis was, or should have been, qualified and experienced in
investigating claims of childhood sexual abuse, and matters related to child pornography. For
example, in the investigation of Jared Fogle, the FBI’s Indianapolis office vigorously investigated
Fogle for possession of child pornography and engaging in commercial sex acts with at least one
minor. In a press release from the FBI’s Indianapolis’ office, the Special Agent In Charge, W. Jay
Abbott, is quoted as saying, “[a]s with all child pornography cases, the FBI investigates these cases
with a sense of urgency due to the extreme vulnerability of the victims involved; our
children…This case demonstrates that commitment to investigate those who would possess child
pornography. The FBI looks forward to continuing its work on such matters with the United States
Attorney’s Office, the Indiana State Police and the Indianapolis Metropolitan Police Department.”
https://www.fbi.gov/contact-us/field-offices/indianapolis/news/press-releases/jared-fogle-
charged-with-child-pornography-distribution-and-repeatedly-engaging-in-commercial-sex-acts-
with-minors. The FBI’s Indianapolis’ office was adept, or should have been, at investigating child
exploitation and child pornography cases.
34. The Department of Justice Program Management for Violent Crimes Against
Children Unit (“VCACU”) handled the inquiry from the WSJ. The Indianapolis ASAC (Mr. Y)
supervised the VCACU. Ex. 4, Report, p. 5.
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35. The Indianapolis Field Office falsely told the VCACU that a transfer document
from Indianapolis to Lansing had been executed. In fact, this document never existed and could
not be located. In this same time frame, the CBS news show 60 Minutes was also asking the FBI
about the Nassar matter. Ex. 4, Report, p.61.
36. On February 1, 2017, Mr. Penny asked the FBI Los Angeles Field Office to confirm
that he told the FBI about Nassar’s criminal conduct in July 2015. Mr. Abbott prepared a statement
for the media that falsely implied that the FBI received a request for an investigation from USAG
on July 28, 2015, and that the “FBI initiated an investigation into Dr. Lawrence Gerard Nassar.”
Ex. 4, Report, p. 19.
37. A detailed email summarizing the FBI Nassar investigation was constructed that
same day. This email and the false statement prepared by Mr. Abbott to the media was not sent
on orders of the AUSA from the Western District of Michigan. Ex. 4, Report, pp. 62-63.
38. An extensive FBI telephone conference call took place on February 1, 2017, to
discuss the Nassar investigation. Participating in the conference call were Mr. Y and Mr.
Langeman, Detroit ASAC, and the Lansing RAC. Mr. Y and Mr. Langeman indicated that they
would “draft up a [report of Ms. Maroney’s September 2, 2015, interview] and put it in your
[Lansing RAC] file.” The Lansing RAC told Mr. Y and Mr. Langeman “absolutely not.” The
Lansing RAC told the OIG that he had no doubt that “they [Mr. Y and Mr. Langeman] were trying
to, in a sense, they didn’t want to just say they made a mistake, and didn’t send it, but they wanted
to put something to the file that said that they did send something they did not.” Ex. 4, Report,
p.64.
39. Mr. Langeman, using memory and the notes of others from other interviews,
fabricated Ms. Maroney’s witness statement and incorporated the manufactured statement into a
FD-302. Mr. Langeman claimed Ms. Maroney said she had been anally digitally penetrated by
Nassar, and that Nassar’s physical penetration was medically effective, when in fact she said no
such thing. Ex. 4, Report, p. 66. Rather, Ms. Maroney had been adamant, during her interview with
Mr. Langeman, that what she had endured was 100% abuse and not, in any way, performed as a
legitimate medical treatment.
40. On February 3, 2017, in response to inquiries from 60 Minutes, Mr. Langeman,

began developing a document which evolved into the “Nassar White Paper.” This document
contained distortions, half-truths and outright lies about the handling of the Nassar investigation.
The “White Paper” was not released to the public. The document contained the above-referenced
fabrications relating to Ms. Maroney. It also falsely stated that Ms. Nichols and Ms. Raisman
declined to be interviewed, and made it appear that no investigation ensued only because
Maroney’s statement did not substantiate a violation of federal law. Ex. 4, Report, p. 66-67.
41. In a desperate effort to avoid culpability for his mismanagement of the Nassar
investigation and his failure to stop Nassar from sexually assaulting other women, Mr. Langeman
began covering for Mr. Abbott by telling a Temporary Duty SSA from the FBI that he believed
that “[Mr. Abbott] also advised Steve Mr. Penny to reach out to [Michigan State University]
personnel to inform them [about Nassar’s suspected crimes].” Ex. 4, Report, p. 69.
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42. In March of 2018, the USOPC’s Chief of Paralympic Sport and National Governing
Body Organizational Development, Rick Adams, testified before the Committee on the Judiciary
for the United States Senate, that the USOPC does “take responsibility, and we apologize to any
young athlete who has ever faced abuse.” Despite this hollow apology, USOPC never
acknowledged, nor told Congress that USOPC personnel, USAG Personnel, and the FBI had been
knowledgeable of complaints against Nassar, a USAG Doctor, since 2015. Based upon
information, and therefore belief, there was a conspiracy amongst the USAG, USOPC and the FBI,
by and through their agents, to conceal Nassar’s crimes and avoid detection and scrutiny from
Congress and/or other regulatory agencies.
43. On July 11, 2017, Nassar pleaded guilty in federal court to child pornography
charges. Ex. 4, Report, p. 20. However, prior to Nassar pleading guilty to these crimes involving
child pornography, the United States Attorney’s Office for the Western District of Michigan
contacted numerous victims of Nassar (many of whom it knew to be represented by counsel) who
had reported abuse by Nassar that had occurred abroad. In some of these meetings, multiple
personnel from the FBI and/or Federal prosecutors office showed up to their private residence,
informed them of the plea arrangement and pressured them to agree to support this plea deal in
exchange for crimes against them being dismissed, without notifying their counsel. The Federal
prosecutors handling this matter had an ethical obligation to contact the legal representatives of
these victims, and they breached that obligation when they met with and contacted those victims,
in order to dismiss criminal charges relevant to those victims. These were measures taken to ensure
that the depths of the conspiracy alleged herein were further concealed, that any investigation into
Nassar and the handling of the investigation would end and never be known, and to ensure that the
misconduct of the FBI agents involved would not be scrutinized further.
44. On November 22, 2017, Nassar pleaded guilty in Michigan state court to seven
counts of First-Degree Criminal Sexual Conduct. Ex. 4, Report, p. 20.
45. On January 25, 2018, the U.S. Senate Committee on Commerce, Science and
Transportation initiated an investigation regarding the response to the Nassar allegations by
various institutions, including USAG, USOC, MSU and the FBI. Ex. 4, Report, p. 20.
46. In early 2018 Mr. Abbott retired from the FBI.
47. On February 2, 2018, the New York Times reached out to Mr. Abbott to discuss the
FBI’s handling of the Nassar investigation. Mr. Abbott provided an on-the-record statement and
then informed the Indianapolis Field Office Public Affairs Officer of his cooperation with the
newspaper. Ex. 4, Report, p. 20.
48. The New York Times published its story on February 3, 2018. Mr. Abbott’s quoted
statements contained several false assertions, including that “there was no delay” by the FBI in
pursuing the investigation and that the Indianapolis Filed Office had provided a “detailed report”
about the Nassar allegations to the FBI’s Detroit and Los Angeles Offices and “that I had at least
several phone calls with my SAC counterparts over a year’s timeframe on this matter.” Ex. 4,
Report, p. 70.
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49. In response to a question about the FBI’s failure to notify people of the potential
threat that Nassar presented while the FBI investigation was ongoing, Mr. Abbott is quoted as
saying: “That’s where things can get tricky. There is a duty to warn those who might be harmed
in the future. But everyone is still trying to ascertain whether a crime has been committed. And
everyone has rights here.” Ex. 4, Report, p.71.
50. On February 5, 2018, CBS News reported that the three Gymnasts who were the
subject matter of the July 28, 2015, USAG report to the FBI were McKayla Maroney, Maggie
Nichols and Aly Raisman. https://www.youtube.com/watch?v=tDvHwnKXHbA
51. This news report also included Mr. Penny’s statement that he did not notify MSU
because he was told by the FBI not to share any information with anyone.
52. The same CBS Report and the New York Times both quoted an FBI press release
on the matter, which falsely stated: “The magnitude of allegations brought against Mr. Nassar
transcended jurisdictions, and we worked with our law enforcement partners to identify the
relevant information that pertains to violations and state laws.” See
https://www.youtube.com/watch?v=tDvHwnKXHbA
53. On April 19, 2018, the WSJ began asking questions of the FBI regarding its failure
to act appropriately and in a timely way with regard to the July 2015 allegations against Nassar.
The FBI never responded and continued to “stonewall” the media in an effort to conceal its own
culpability for its failures. Ex. 4, Report, p. 73-74.
54. In February 2018, a sub-committee of the United States Olympic & Paralympic
Committee retained the law firm of Ropes & Gray to investigate the handling of the Nassar matter.
In its report was published in December 2018, Ropes and Gray reported that the FBI as of that date
continued to misrepresent the status of the investigation. The FBI falsely told the Ropes & Gray
investigators that the Indianapolis Field Office immediately turned the investigation over to the
Detroit Field Office, an assertion that is completely false. “USAG reported Nassar’s conduct to
FBI agents, including Jay Mr. Abbott, Special Agent in Charge of the Indianapolis office, on July
28, 2015. Approximately one month later, the Indianapolis office concluded its initial
investigation and transferred the matter to the FBI office in Detroit.” Ropes & Gray Report, 45.
Indeed, the FBI refused to cooperate with the Ropes & Gray investigation. Report, 98
55. On July 14, 2021, the OIG issued its Report. The OIG concluded “senior officials
in the FBI Indianapolis Field Office failed to respond to the Nassar allegations with the utmost
seriousness and urgency that the allegations deserved and required, made numerous and
fundamental errors when they did respond to them, and violated multiple FBI policies when
undertaking their investigative activity.” Ex. 4, Report, p. 75. In particular, the OIG found that:
A. The allegations reported on July 28, 2015, concerned years-long sexual assaults
against multiple gymnasts including underage athletes by Nassar, who was still
treating his patients at MSU, Twistars and Holt High School. The FBI decided not
to act on multiple opportunities to prevent Nassar from sexually abusing more than
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702 women, some of which were underage. The deliberate failure of the FBI to act
appropriately and in a timely way placed these children in harm’s way. Ex. 4,
Report, p. 75.
B. The responsible agents failed to interview two of the three Gymnasts who were
willing to talk, lied about the witnesses’ availability, and tried to blame USAG for
the FBI’s failure to follow up with these witnesses. Ex. 4, Report, p. 76
C. OIG found that the Indianapolis Field Office did not properly document the
July 2015 meeting with USA Gymnastics, Mr. Langeman failed to properly
handle and document receipt and review of the thumb drive provided by USA
Gymnastics during the July 2015 meeting, Mr. Langeman did not document the
September 2015 victim interview alleging criminal sexual assault by Nassar in
an FD-302 report until 17 months after the interview occurred, the FD-302 of
the September 2015 victim interview that was drafted by Mr. Langeman in
February 2017 included materially false information and omitted material
information. Ex2. Horowitz Testimony, pp. 6-7. The responsible agents failed to
transfer the matter to the Lansing Resident Agency and lied about doing so when
confronted about this failure. Ex. 4, Report, p. 76.
D. Officials at the Indianapolis Office were obligated to report child abuse and to local
law enforcement agencies failed to do so. Ex. 4, Report, p. 79.
E. Officials at the Indianapolis Office failed to formally document the July 28, 2015,
Meeting or to record witness statements, in violation of FBI and DOJ policies. Ex.
4, Report, p. 80.
F. When the “FBI’s handling of the Nassar matter came under scrutiny from the
public, Congress, the media, the FBI headquarters in 2017 and 2018, Indianapolis
officials did not take responsibility for their failures. Instead, they provided
incomplete and inaccurate information in response to FBI internal inquiries to make
it appear that the Indianapolis office had been diligent in its follow-up efforts, and
they did so, in part, by blaming others for their own failures.” Ex. 6, Horowitz
Testimony, p. 6.
56. The OIG Report reviewed the conduct of the Los Angeles Field Office and
concluded that it failed to “expeditiously notify local law enforcement or the FBI Lansing Resident
Agency of the information it had learned or take other action to mitigate the ongoing danger that
Nassar posed.” Ex.1. Report, p. 105; Ex. 6, Horowitz Testimony, p. 7.
57. Mr. Abbott violated the FBI’s conflict of interest policy by meeting with Mr. Penny
to discuss the USOC senior security position. Mr. Abbott was fully aware that this type of inquiry
would raise a question regarding his impartiality. Ex. 4, Report, p. v.
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The OIG Report estimates that 70 women and girls were sexually assaulted by Nassar between July 28, 2015, and
September 12, 2016. Counsel for Claimants believe the accurate count is 100 women and girls.
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58. Mr. Abbott, Mr. Langeman and Mr. Y, as well as other FBI officials, made false
and deliberately deceptive statements designed to evade or minimize the FBI’s responsibility for
failing to stop Nassar or to mitigate the harm to the vulnerable individuals Nassar would sexually
assault by permitting him to carry out his crimes unabated. Ex. 4, Report, p. 77.
59. The FBI’s actions in concealing the truth regarding its own failures included
misrepresentation among internal FBI personnel, resulting in bureaucratic paralysis that prevented
the FBI from properly investigating and discharging its mandatory duties, including reporting
Nassar to local law enforcement so that they could act to prevent Nassar from engaging in further
acts of abuse.
60. Based upon information and belief, the FBI and/or Federal prosecutors’ offices
throughout the country, have had access to child forensic interview teams in order to ensure a
comfortable, safe environment for child and adolescent victims and/or witnesses to crimes. These
teams (sometimes referred to as “CAFI” interviewers; child and adolescent forensic interviewers)
were commonplace for FBI investigations, and are believed to be protocol in ensuring proper
interview techniques are utilized in interviewing young and vulnerable victims of crime, including
for “human trafficking, child sexual exploitation, and violent crimes…”
https://www.fbi.gov/news/stories/child-forensic-interviewers. Despite having this resource at their
disposal, the FBI investigation into Nassar involved haphazard interviews, never utilized these
resources to ensure that they were getting reliable and thorough disclosures from witnesses and
victims related to Nassar, and completely ignored FBI protocol in ensuring that minors and young
witnesses were proper interviewed based on FBI policy, procedure and protocol. The FBI avoided
use of these forensically appropriate and proper interviewing practices, in concealing the extent of
Nassar’s abuse and mishandling of the investigation related to Nassar.
61. Thus, each act of concealment, evasion, or misrepresentation by the FBI

compounded the problem, causing Nassar to abuse further victims without intervention by federal,
state, or local authorities who, but for the FBI’s actions, would have been in a position to stop him.
It is based upon information, and therefore belief, that officials within the highest ranks of the FBI
knew of allegations against Nassar yet refused to execute their official duties to stop a known
pedophile and serial abuser from being in contact with minor children, as a medical doctor and
doctor at Michigan State University. During the period in which the FBI was pregnant with this
knowledge of Nassar’s sexual abuse of minors and young women, no one under Director James
Comey’s direction executed their duties to protect those who could not defend themselves. Current
Deputy FBI Director Andrew McCabe was reported as saying the investigation into Nassar was
the worst “dereliction of duty that I have seen over the course of my 20-plus years with the FBI.”
See https://thehill.com/policy/national-security/572486-cnns-mccabe-says-nassar-represents-
worst-dereliction-of-duty-hes
62. The Inspector General reported that he made referrals to the DOJ for criminal
prosecutions of the responsible FBI employees and officials and that the DOJ declined to
prosecute.
63. On September 14, 2021, the FBI announced Michael Langeman, the Assistant
Special Agent in Charge at the Indianapolis Filed Office, had been terminated. Mr. Langeman had
previously been removed from his ASAC position during the pendency of the OIG Investigation.
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64. On September 15, 2021, the United States Senate Judiciary Committee conducted
hearings concerning “Dereliction of Duty: Examining the Inspector General’s Report of the FBI’s
Handling of the Larry Nassar Investigation.”
65. At the Senate Hearing, Christopher Wray, Director of the FBI publicly apologized
the women and children who were sexually assaulted by Nassar after July 28, 2015. “I’m sorry
for what you [the survivors] and your families have been through. I’m sorry that so many people
let you down over and over again. And I’m especially sorry that there were people at the FBI who
had their chance to stop this monster back in 2015 and failed. And that is inexcusable. It never
should have happened and were doing everything in our power to make sure it never happens
again.”
66. Director Wray, in his sworn testimony, characterized the conduct of the responsible
FBI employees in the following ways:
A. FBI employees “betrayed the core duty that they have of protecting people.”
B. Certain FBI agents failed to carry out the “vital mission of protecting the American
people.”
C. “Special Agents in Indianapolis had failed to carry out even the most basic parts of
the job.”
D. “The Special Agent in Charge in Indianapolis behavior also reflects violations of

the FBI’s longstanding code of conduct and ethical obligations of all FBI
employees especially senior officials.”
E. “But let me be clear-people who engage in that kind of gross misconduct have no
place in the FBI.”
F. The Director stated that the responsible FBI agents “profoundly failed back in
2015.”
67. At the conclusion of the September 15, 2021, Senate Hearing, Senator’s from both
political parties asked the United States Department of Justice to reopen its investigation into
whether criminal prosecutions were warranted.
68. On October 5, 2021, United States Attorney General Merrick Garland announced
that the DOJ was reopening its investigation into the criminal conduct of the FBI employees and
officials responsible for the handling of the Nassar investigation.
III. STATEMENT OF FACTS REGARDING THE STATUTE OF LIMITATIONS

DISCOVERY RULE AND FRAUDULENT CONCEALMENT
69. The United Supreme Court has recognized a discovery rule for claims brought
against federal agencies under the FTCA. United States v. Kubrick, 444 U.S. 111, 120,100 S. Ct.
352, 62 L.Ed.2d 259 (1979).
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70. Claims must be presented in writing to the appropriate Federal agency within two
years after the claim accrues. 28 U.S.C. §2401(b).
71. Under the discovery rule, the claim accrues when the claimant “knows both the
existence and cause of [her] injury. Id.at 113, 100 S. Ct. 352.
72. Claimants were unaware that the failure of the FBI to carry out their mandatory
duties in a diligent and reasonable manner was the cause of their injuries prior to the issuance of
the OIG Report.
73. Claimants did not know, nor should they have known until July 14, 2021, that the
FBI’s failure to eliminate the threat of sexual assault from Nassar was caused by the FBI’s failure
to carry out their mandatory duties in a careful, prudent, and reasonable manner.
74. Like the discovery rule, the doctrine of fraudulent concealment is a means available
to claimants to toll the statute of limitations.
75. In order for a claimant to prevail on a fraudulent concealment claim, the FBI “must
have engaged in fraud or deliberate concealment of material facts relating to the Agency’s
wrongdoing and the claimant must have failed to discover these facts within the normal limitations
period despite his existence of due diligence.” Torres Ramirez v Bermudez Garcia, 898 F.2d
99,101(1st Cir. 1979).
76. The FBI in 2017 and 2018 the Indianapolis field office deliberately concealed the
fact it did not open a proper investigation and covered up their negligence by falsely representing
to the media that the failure to take action against Nassar after July 28, 2015 was because “it was
never really our case” or that some of the survivors or their parents refused to cooperate or that the
“everyone [at the Indianapolis] is still trying to ascertain whether a crime has been committed.”
“As F.B.I Took a Year to Pursue the Nassar Case, Dozens Say They Were Molested” New York
Times, February 3, 2018.
77. These materially false statements made by the FBI to the New York Times was not
discovered until claimants were made aware of the contents of the July 14, 2021, OIG Report.
IV. STATEMENT OF FACTS REGARDING INDIVIDUAL CLAIMANTS
Claimant, McKayla Maroney
78. Plaintiff McKayla Maroney was an Olympic gymnast with USAG, who was
repeatedly sexually abused by Nassar for years as a minor, across state lines, country lines, and
across continents. The sexual abuse of McKayla Maroney included, but was not limited to, Nassar
penetrating her vagina with his fingers, without consent, or explanation of such a procedure.
79. Nassar did not explain his conduct disguised as “treatment” as a medical procedure
to Plaintiffs McKayla Maroney or her parents.
80. Nassar did not give prior notice or obtain consent for digital penetration from
Plaintiff McKayla Maroney or Plaintiff McKayla Maroney’s parents.
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81. Plaintiff McKayla Maroney did not treat or intend to treat with Nassar for OB/GYN
issues.
82. In 2015, after reporting her abuse to USAG and subsequently to the FBI, Ms.
Maroney was under the reasonable belief that her statements were being legitimately investigated
by the FBI and that she would not be misled by the FBI, to her psychiatric, psychological, physical
and emotional harm.
83. Over the next few years, as alleged herein, the investigation languished and Ms.
Maroney gave witness statements to the FBI and OIG, still believing that the process was slowly
progressing, legitimately, albeit slowly. With repeated representations by the FBI publicly that the
matter was being handled through the due course of its investigation, McKayla Maroney
reasonably believed that her statements of abuse were being handled pursuant to accepted policies
and procedures within the FBI.
84. With the publication of the OIG’s Report on the FBI’s handling of the Nassar
matter, McKayla Maroney, on July 14, 2021, or shortly thereafter, discovered that the
psychological harm, inability to obtain treatment, and damaging misrepresentations made by law
enforcement officials about her in the OIG’s Report, she endured after July 28, 2015, were caused
by the FBI’s negligent failure to perform its mandatory duties in the manner as set forth in this
Claim.
85. As a result of the FBI’s negligence and misconduct in handling the investigation,
Plaintiff McKayla Maroney suffered severe emotional distress, in being misled about the
investigation, unknowingly having her reports of abuse acted upon to save children from Nassar
after her report, and discovering that her reports of abuse was negligently, intentionally, and/or
fraudulently concealed; preventing Ms. Maroney from protecting future girls from the trauma she
had suffered.
86. Because the FBI provided false information to the public explaining its conduct in
handling the Nassar matter and fraudulently concealed its negligence in handling the investigation,
Ms. Maroney, with reasonable diligence, could not have discovered the existence of a cause of
action against the FBI until July 14, 2021.
Claimant, Alexandra “Aly” Raisman
87. Plaintiff Aly Raisman was an Olympic gymnast with USAG, who was repeatedly
sexually abused by Nassar for years as a minor, across state lines, country lines, and across
continents. The sexual abuse of Aly Raisman included, but was not limited to, Nassar penetrating
her vagina with his fingers, without consent, or explanation of such a procedure.
to Plaintiffs Aly Raisman or her parents.
Plaintiff Aly Raisman or Plaintiff Aly Raisman’s parents.
90. Plaintiff Aly Raisman did not treat or intend to treat with Nassar for OB/GYN
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issues.
Raisman was under the reasonable belief that her statements were being legitimately investigated
and emotional harm.
92. Over the next few years, as alleged herein, the investigation languished and Aly
Raisman gave witness statements to the FBI and OIG, still believing that the process was slowly
progressing, legitimately, albeit slowly. With repeated representations by the FBI publicly, that
the matter was being handled through the due course of its investigation, Aly Raisman reasonably
believed that her statements of abuse were being handled pursuant to accepted policies and
procedures within the FBI.
matter, Aly Raisman, on July 14, 2021, or shortly thereafter, discovered, or reasonably should have
discovered, that the psychological harm, mental, and emotional harm, and inability to obtain
treatment after reporting her abuse, were caused by the FBI’s negligent failure to perform its
mandatory duties in the manner as set forth in this Claim.
Plaintiff Aly Raisman suffered severe emotional distress, in being misled about the investigation,
unknowingly having her reports of abuse acted upon to save children from Nassar after her report,
and discovering that her reports of abuse was negligently, intentionally, and/or fraudulently
concealed; preventing Ms. Raisman from protecting future girls from the trauma she had suffered.
Ms. Raisman, with reasonable diligence, could not have discovered the existence of a cause of
Claimant, Margaret “Maggie” Nichols
96. Plaintiff Maggie Nichols was a National Team gymnast with USAG, who was
repeatedly sexually abused by Nassar as a minor, across state lines, country lines, and across
continents. The sexual abuse of Maggie Nichols included, but was not limited to, Nassar
penetrating her vagina with his fingers, without consent, or explanation of such a procedure.
Maggie Nichols was the first identified abuse victim of Nassar by USAG, and termed “Athlete
‘A’”.
to Plaintiffs Maggie Nichols or her parents.
Plaintiff Maggie Nichols or Plaintiff Maggie Nichols' parents.
99. Plaintiff Maggie Nichols did not treat or intend to treat with Nassar for OB/GYN
issues.
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Nichols was under the reasonable belief that her statements were being legitimately investigated
and emotional harm.
101. Over the next few years, as alleged herein, the investigation languished and Maggie
Nichols gave witness statements to the FBI and OIG, still believing that the process was slowly
progressing, legitimately, albeit slowly. With repeated representations by the FBI publicly, that
the matter was being handled through the due course of its investigation, Maggie Nichols
reasonably believed that her statements of abuse were being handled pursuant to accepted policies
and procedures within the FBI.
matter, Maggie Nichols, on July 14, 2021, or shortly thereafter, discovered, or reasonably should
have discovered, that the psychological harm, mental, and emotional harm, and inability to obtain
treatment after reporting her abuse, were caused by the FBI’s negligent failure to perform its
Plaintiff Maggie Nichols suffered severe emotional distress, in being misled about the
investigation, unknowingly not having her reports of abuse acted upon to save children from
Nassar after her report, and discovering that her reports of abuse was negligently, intentionally,
and/or fraudulently concealed; preventing Ms. Nichols from protecting future girls from the trauma
she had suffered.
Ms. Nichols, with reasonable diligence, could not have discovered the existence of a cause of
Claimant, Simone Biles
105. Plaintiff Simone Biles was an Olympian, a National Team gymnast with USAG,
and the most decorate gymnast in American History. Ms. Biles was repeatedly sexually abused by
Nassar as a minor, across state lines, country lines, and across continents. The sexual abuse of Ms.
Biles included, but was not limited to, Nassar penetrating her vagina with his fingers, without
consent, or explanation of such a procedure.
to Plaintiffs Simone Biles or her parents.
Plaintiff Simone Biles or Plaintiff Simone Biles' parents.
108. Plaintiff Simone Biles did not treat or intend to treat with Nassar for OB/GYN
issues.
109. After July of 2015, Ms. Biles was the most well-known gymnast in the World, and
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known by USAG and the FBI, to have been in contact with Nassar for medical procedures. Despite
USAG and the FBI knowing, or in the exercise of reasonable diligence, having reason to know
that Ms. Biles was a victim of Nassar, Ms. Biles was never informed of these suspicions by USAG
or the FBI, and remained untreated and unknowing that the purported intravaginal adjustments she
was being subjected to, were sexually abusive acts by Nassar.
110. Over the next few years, as alleged herein, the investigation languished and Simone
Biles continued to suffer from psychological, emotional and psychiatric trauma, without being
informed of such knowledge by the FBI. With repeated representations by the FBI publicly, that
the matter was being handled through the due course of its investigation, Simone Biles reasonably
believed that she could not have obtained therapeutic treatments earlier than she could have.
matter, Simone Biles, on July 14, 2021 or shortly thereafter, discovered, or reasonably should have
discovered, that the psychological harm, mental, and emotional harm, and inability to obtain
treatment during the period in which she was a known and/or suspected victim of Nassar, were
caused by the FBI’s negligent failure to perform its mandatory duties in the manner as set forth in
this Claim.
Plaintiff Simone Biles suffered severe emotional distress in being misled about the investigation,
unknowingly not being questioned about abuse she suffered from Nassar and discovering that
reports of abuse by Nassar were negligently, intentionally, and/or fraudulently concealed;
preventing Ms. Biles from protecting future girls from the trauma she had suffered.
Ms. Biles, with reasonable diligence, could not have discovered the existence of a cause of action
against the FBI until July 14, 2021.
Claimant, Kaylee Lorincz
114. Plaintiff Kaylee Lorincz is an adult female and is a resident of Michigan. Plaintiff
Kaylee Lorincz was a minor at the times she was sexually assaulted, abused, and molested by
Nassar.
115. Plaintiff Kaylee Lorincz treated with Nassar at his office at MSU from
approximately 2011 to 2014, and in 2016.
116. From 2011 to 2016, Plaintiff Kaylee Lorincz was a minor, approximately 12 to 17
years old.
117. Plaintiff Kaylee Lorincz presented to Nassar with complaints of back pain as a
result of gymnastics.
118. Plaintiff Lorincz is a former USAG member.
119. In 2014 and 2016 at appointments at his office at MSU, Nassar digitally penetrated
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Plaintiff Kaylee Lorincz’s vagina multiple times without prior notice and without gloves or
lubricant.
to Plaintiffs Kaylee Lorincz or her mother.
Plaintiff Kaylee Lorincz or Plaintiff Kaylee Lorincz’s parents.
122. Plaintiff Kaylee Lorincz did not treat or intend to treat with Nassar for OB/GYN
issues.
123. Plaintiffs Kaylee Lorincz believes the conduct by Nassar was sexual assault, abuse,
and molestation and for Nassar’s pleasure and self-gratification.
matter, Jane Doe 2, on July 14, 2021, or shortly thereafter, discovered that the sexual assaults she
endured after July 28, 2015, were caused by the FBI’s negligent failure to perform its mandatory
duties in the manner as set forth in this Claim.
Kaylee Lorincz, with reasonable diligence, could not have discovered the existence of a cause of
Claimant, Hannah Morrow
126. Plaintiff Hannah Morrow is an adult female and is a resident of Illinois. Plaintiff
was a minor at the times she was sexually abused, assaulted and molested by Nassar.
127. Plaintiff Hannah Morrow treated with Nassar at his office at MSU, at Twistars, and
his residence from approximately 2011 to 2016.
128. From 2011 to 2016, Plaintiff Hannah Morrow was a minor, approximately 11 to 16
years old.
129. Plaintiff Hannah Morrow presented to Nassar with complaints of hamstring, elbow,
shin, and back pain as a result of gymnastics.
130. Plaintiff Morrow is a former USAG member.
131. Between approximately 2011 and 2016, at appointments at his office at MSU, at
Twistars, and at his residence, Nassar digitally penetrated Plaintiff Hannah Morrow’s vagina
between 11 and 20 times without prior notice and without gloves or lubricant.
132. Nassar did not explain his conduct would involve intra-vaginal digital penetration
to Plaintiff Hannah Morrow or Hannah Morrow’s parents.
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Hannah Morrow or Hannah Morrow’s parents.
134. On at least one occasion Nassar touched Plaintiff Hannah Morrow’s breasts.
135. Plaintiff Hannah Morrow did not treat or intend to treat with Nassar for OB/GYN
issues.
136. Plaintiff Hannah Morrow believes the conduct by Nassar was sexual assault, abuse,
and molestation and for Nassar’s pleasure and self-gratification.
matter, Hannah Morrow, on July 14, 2021, or shortly thereafter, discovered that the sexual assaults
she endured after July 28, 2015, were caused by the FBI’s negligent failure to perform its
Hannah Morrow, with reasonable diligence, could not have discovered the existence of a cause of
V. THE FBI’S NON-COMPLIANCE WITH ITS MANDATORY DUTIES
A. Relevant Mandatory Duties
139. The many mandatory duties violated by the FBI in response to the report of
Nassar’s sexual assaults include:
A. The FBI is required to document information gathering and investigative activities

so that the agency can conduct effective investigations, gather and analyze
intelligence, and assist with prosecutions. This mandatory documentation includes
the completion of a FD-71, which opens the case, as well Form FD-302, which is
used to document interviews and must be completed within 5 days of the interview.
Proper record management is required to facilitate the timely retrieval of needed
information, ensure continuity of FBI business, safeguard “mission-critical”
information and preserve the FBI’s “corporate memory and history.”
B. FBI personnel are required to ensure that all digital evidence is marked and
subjected to a content review. Documentation of digital evidence must be
completed within ten days of receipt. Improper handling of documents or property
is a violation of the FBI Offense Code, Section 1.6.
C. The FBI is required to take specific steps when crimes against children are brought
to the agency’s attention. They must report and maintain regular contact with the
Violent Crimes against Children Unit and state and local law enforcement agencies
as well as nongovernmental organizations and social service agencies.
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D. FBI personnel are required to report child sexual abuse to the state and local law
enforcement agencies that have jurisdiction to investigate such reports or to protect
children immediately upon learning of the possible sexual abuse of children. 34
USC § 20341(a). See also FBI Mandatory Reporting Policy which provides that
“all FBI employees shall report suspected child abuse, neglect or sexual
exploitation to the state, local or tribal law enforcement agency or child protective
services agency that has jurisdiction to investigate such reports or to protect the
child.” The report must be “immediate.”
E. FBI employees must provide statements which are free from false and misleading
statements and contain all material information. FBI Offense Code 2.3,
False/Misleading Information – Investigative Activity is violated by an FBI
employee “knowingly providing false or misleading information in an investigative
document; or by signing or attesting to the truthfulness of the information provided
n an investigative document in reckless disregard of the accuracy or completeness
of the pertinent information contained therein.” Investigative documents include
the FD 302 which documents investigative interviews. FBI Offense Code 2.6 also
prohibits FBI employees from knowingly providing false information in a verbal
or written statement made under oath. This prohibition applies to false statements,
misrepresentations, the failure to be fully forthright and the concealment or
omission of a material fact. It is also a violation of federal law, specifically 18 USC
§ 1001 to falsify, conceal or cover up a material fact, make a materially false
statement or representation or make or use any false writing.
F. When an FBI employee’s participation in a matter would raise questions about his
or her impartiality, the employee must only participate if authorized in writing by
the FBI based on a determination that the interest of the Government in the
employee’s participation outweighs concerns and questions raised about the
integrity of the FBI’s programs and operations. Unless authorized, an FBI employee
must not participate in the matter. 5 CFR § 2635.502(d).
B. Violations of Mandatory Duties
140. The following acts or omissions of the FBI and its agents and supervisory personnel
are violations of the mandatory duties required of the agency as identified above.
A. Mr. Abbott, the Special Agent in charge of the Indianapolis Field Office, and two
other FBI employees met with Steven Perry and other USAG officials on July 28,
2015. The USAG officials reported allegations that Larry Nassar had sexually
assaulted and abused several gymnasts. Mr. Penny described the nature of the
allegations, provided a memorandum outlining the allegations and steps already
taken by USAG in response to the allegations, and also provided a thumb drive
containing a power point prepared by Nassar about the alleged medical procedure
that he was performing. The FBI, however, failed to document this meeting in
violation of FBI policy, so there is little contemporaneous FBI documentation of
the meeting.
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B. The Indianapolis Field office conducted little to no investigation in response to the
report of sexual abuse allegations by Nassar. Despite the fact that USAG gave them
the names of three gymnasts to interview, the FBI only spoke to one and that
interview was conducted telephonically months after the initial report was received.
Given the age of the gymnast at the time of her “victimization,” the interview
should have been conducted in person and included a victim specialist. In addition,
the FBI failed to provide victim services to the gymnast as required by FBI policy
and procedures. The FBI also failed to document the interview on Form FD-302 as
required until 17 months later after the interview when the FBI’s handling of this
matter was under scrutiny. Because the report was not made contemporaneously
and was based on memory, it included many inaccuracies, misrepresentations and
outright false statements and omitted other important details. In sum, the FD-302
was actually materially false.
C. The FBI’s Indianapolis field office failed to follow the mandatory policy for
processing evidence. After receiving a thumb drive from USA Gymnastics, the FBI
did not document receipt, image the thumb drive or even review its contents.
D. The FBI failed to comply with its mandatory duties to document its investigative
activities after receipt of the USAG complaint about Nassar, including the interview
with one gymnast, attempts to contact other gymnasts identified by USAG, or any
purported referral of the complaint to the Lansing Resident Agency. There was also
no documentation of the preparation of the FD-71 opening the file or handing it off
to the Lansing office. This led to a delay of over a year before the allegations of
serious sexual abuse were investigated by the proper FBI field office and local
authorities. During that time, Nassar continued to sexually assault minor girls.
E. The FBI ignored its mandatory obligations under federal law as well as FBI policy
to promptly notify state and local authorities about the Nassar allegations. Proper
disclosure to Michigan and other local law enforcement would have allowed for
steps to be taken to address Nassar’s ongoing interactions with gymnasts and other
minors and stop him from continuing to sexually assault young women.
F. The FBI also violated mandatory duties regarding obligations to make statements
which are free from false and misleading information. Instead, FBI repeatedly made
false and misleading statements in order to cover-up and hide from the public and
Nassar’s victims that the FBI had allowed Nassar to continue the sexual abuse and
assault of young women without regard to the safety and well-being of those
victims, many of whom were minors.
G. Officers in the FBI’s Indianapolis office told Congress, the media and FBI
headquarters that they had diligently investigated the complaint immediately upon
receipt from USAG. Mr. Abbott falsely claimed that the Indianapolis Field office
had immediately opened the investigation upon after meeting with USAG officials
and kept in regular contact with the USAG officials regarding the investigation.
The Indianapolis Field Office also falsely claimed that its limited efforts to
interview victim-gymnasts was due to their reluctance rather than failure by the
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Indianapolis officials. The FBI field office also prepared a white paper which
included materially false information regarding the statements made by Maroney,
which if true, would have undercut the significance of her testimony.
H. Indianapolis FBI officials falsely asserted that they directed USAG to notify local
law enforcement about the Nassar complaints. Mr. Abbott also falsely told the New
York Times that the there was no delay by the FBI in handling the claims when in
fact there was not investigative activity for more than 8 months following the
September interview of Maroney which did not occur for months after the report
was initially received by the FBI from USAG.
I. Mr. Abbott also violated mandatory obligations when he sought employment with
USAG while being actively involved in case-related communications with Mr.
Penny about the Nassar investigation. Despite the fact that this contact called his
impartiality into question, Mr. Abbott failed to contact ethics officials to obtain
authorization to meet with USAG officials about a job. Moreover, by applying for
a job with USAG, Mr. Abbott created at the very least an appearance of a conflict
of interest in violation of FBI policy which prevents senior FBI officials from
contacting a firm regarding future employment opportunities if the firm is involved
with the FBI in an issue of major public importance. Clearly, USAG, Mr. Penny
and the US Olympic Committee all had a financial and reputational stake in the
outcome of the Nassar investigation and the FBI’s response to media inquiries.
Applying for a job with USAG at the time as he was supposed to be investigating
a complaint possibly implicating USAG, certainly creates at the very least the
appearance of a conflict of interest.
J. The Los Angeles Filed Office failed to report Nassar’s ongoing abuse of women
and children to local law enforcement agencies or to child protection state agencies.
VI. STATEMENT OF LEGAL CLAIMS
141. The Federal Tort Claims Act provides that the United States shall be liable in the
same manner and to the same extent as a private individual under like circumstances. 28 USC §
2674.
142. The FBI is liable for the knowledge of and acts and omissions of its agents and
employees, including but not limited to Mr. Abbott, Mr. Langeman and Mr. Y.
143. The events giving rise to these claims occurred in the State of Indiana and in the
State of California.
A. Negligence
144. Indiana and California recognize that a private individual is subject to liability
arising from tort duties when that duty is assumed either gratuitously or voluntarily.
145. “The assumption of such a duty creates a special relationship between the parties
and a corresponding duty to act in the manner of a reasonable person." Yost v Wabash College (3
21
NE 3d 509, 517 (Ind 2014); Artiglio v. Corning Inc. (1998) 18 Cal.4th 604, 613, 76 Cal.Rptr.2d
479, 957 P.2d 1313
146. Indiana and California generally follow the concept established by Section 324A
of the Restatement of Torts 2d. That section provides:
§ 324A Liability to Third Person for Negligent Performance of Undertaking One who
undertakes, gratuitously or for consideration, to render services to another which he should
recognize as necessary for the protection of a third person or his things, is subject to liability
to the third person for physical harm resulting from his failure to exercise reasonable care
to protect his undertaking, if
(a) his failure to exercise reasonable care increases the risk of such harm, or
(b) he has undertaken to perform a duty owed by the other to the third person,
or
(c) the harm is suffered because of reliance of the other or the third person
upon the undertaking.
147. The FBI undertook the task of rendering services to the USAG “for the protection”
of the minors and others being subjected to sexual assault and abuse by Larry Nassar by meeting
with the USAG to receive the report of abuse and undertake an investigation.
148. By undertaking the investigation, the FBI owed a duty of care to the Claimants and
others who continued to be abused by Nassar because of the dereliction of duty of FBI officials
which allowed Nassar to continue his predatory behavior for an additional 17 months until action
was finally taken by the MSU police.
149. As a direct and proximate of the FBI’s negligence, Claimants have experienced all
of the injuries and harm alleged above.
B. Negligence– Special Duty
150. Adopting the Restatement (Third) of Torts, § 41, Indiana and California law
provides that a private person owes a duty to a third person when there is a special relationship
involved. The Restatement provides that:
There is no duty to control the conduct of a third person as to prevent him from causing
physical harm to another unless:
a) a special relation exists between the actor and the third person which
imposes a duty upon the actor to control the third person’s conduct, or
b) a special relation exists between actor and the other which give to the other
a right to protection.
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151. Applying this section, Indiana and California courts have found that the law may
impose a duty to control the conduct of a third party when three factors are demonstrated; 1) where
a person is in need of supervision or protection (such as a child, intoxicated person or business
invitee) 2) from someone who is an superior position to provide it and 3) that person has a right to
intervene or control the actions of the other person, Sports, Inc v Gilbert 431 NE2d 534 (Ind Ct
App 1982); Regents of University of California et al v The Superior Court of Los Angeles County,
4 Cal.5th 607,413 P.3d 656,230 Cal. Rptr. 3d 415 (Cal Supreme Ct, 2018).
152. Claimants were children or patients in need of protection from Nassar, who in his
role as medical doctor for USAG and MSU was in a superior position from whom the Claimants
needed protection and the FBI had the right, authority and obligation to intervene to protect the
Claimants and other women and young girls being sexually abused by Nassar.
153. As a direct and proximate of the FBI’s breach of its special duty to Claimants,
Claimants have experienced all of the injuries and harm alleged above.
C. Negligent Infliction of Emotional Distress
154. The FBI also is liable for negligent infliction of emotional distress of the Claimants
by its negligent investigation into the sexual abuse and assault of young girls by Nassar in his role
with USAG.
155. The Indiana Supreme Court and the California Supreme Court have recognized the
tort of negligent infliction of emotional distress. Delta Airlines v Cook 821 NE2d 400, 403 (Ind Ct
App 2005); Burgess v Superior Court of Los Angeles County, 2 Cal. 4th 1064, 831 P.2d 1197, 9
Cal. Rptr. 2d 615(Cal Supreme Ct, 199
156. Claimants suffered an extreme emotional trauma caused by the failure of the FBI
to properly investigate the sexual abuse allegations which resulted in Nassar’s continued abuse of
minors and others, including Claimants for another 17 months.
157. As a direct and proximate of the FBI’s negligent infliction of emotional distress,
Claimants have experienced all of the injuries and harm alleged above.
D. Negligence Per Se
158. Pursuant to Indiana and California law, “the unexcused violation of a statute or
ordinance constitutes negligence per se if the provision protects the class of persons in which the
plaintiff is included and protects against the type of harm that has occurred as a result of the
violation.” Gresser v Reliable Exterminators, Inc 160 NE2d 184 (Ind Ct App 2020); Christensen
v. Superior Court of Los Angeles County, 54 Cal.3d 868,820 P.2d 181,2 Cal. Rptr.2d 79 (Cal
Supreme Ct, 1991) (common law) and Cal Evidence Code, §669 (statutory).
159. Both Indiana and California law, as well as FBI policy, required FBI agents to
report allegations of sexual abuse and assault of minors to the appropriate state agency. Instead,
the responsible parties at the FBI delayed conducting their own investigation, and ultimately did
only a perfunctory investigation.
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160. The FBI never reported the allegations to either State’s agencies as required by law.
The Child Protection law was intended to protect Claimants who were children and other from the
sexual abuse and assaults committed by Nassar. The FBI’s failure to comply with these laws and
protect children constitutes negligence per se for which they are liable.
161. As a direct and proximate of the FBI’s negligence per se, Claimants have
experienced all of the injuries and harm alleged above.
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VII. RELIEF REQUESTED
Claimants request that they be compensated by the United States in the amount alleged in
their SF95 Administrative Claims for all the injuries and harm inflicted upon them by the wrongful
conduct of the FBI as alleged herein.
Dated: June 7, 2022 By: /s/ John C. Manly, Esq.

John C. Manly (CA 149080)
Vince W. Finaldi (CA 238279)
Alex E. Cunny (CA 291567)
MANLY, STEWART & FINALDI
Attorneys for Claimants Biles, Maroney,
Raisman, Nichols, Lorincz, and Morrow.
19100 Von Karman Avenue, Suite 800
Irvine, California 92612
Phone: (949) 252-9990
E-mail: jmanly@manlystewart.com
E-mail: vfinaldi@manlystewart.com
E-mail: acunny@manlystewart.com
Dated: June 7, 2022 By: /s/ Stephen R. Drew (with permission)

Stephen R. Drew (P24323)
Adam C. Sturdivant (P72285)
DREW, COOPER & ANDING
80 Ottawa Avenue NW, Suite 200
Grand Rapids, Michigan 49503
Phone: (616) 454-8300
E-mail: sdrew@dca-lawyers.com
E-mail: asturdivant@dca-lawyers.com
Dated: June 7, 2022 By: /s/ Bartholomew J. Dalton (with permission)

Bartholomew J. Dalton (DE 808)
DALTON & ASSOCIATES
Cool Spring Meeting House
1106 West 10th Street
Wilmington, DE 19806
302-652-2050
E-mail: bdalton@dalton.law
25

FBI Damage Claim

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FBI Damage Claim

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COLLECTIVE FACTUAL ALLEGATIONS IN SUPPORT OF CLAIMANTS SF-95

II. STATEMENT OF FACTS

10. On July 3, 2015, USAG engaged a private investigator to conduct an internal

18. On September 2, 2015, Indianapolis Supervisory Special Agent, Michael

40. On February 3, 2017, in response to inquiries from 60 Minutes, Mr. Langeman,

46. In early 2018 Mr. Abbott retired from the FBI.

61. Thus, each act of concealment, evasion, or misrepresentation by the FBI

D. “The Special Agent in Charge in Indianapolis behavior also reflects violations of

III. STATEMENT OF FACTS REGARDING THE STATUTE OF LIMITATIONS

IV. STATEMENT OF FACTS REGARDING INDIVIDUAL CLAIMANTS

Claimant, McKayla Maroney

Claimant, Alexandra “Aly” Raisman

Claimant, Margaret “Maggie” Nichols

Claimant, Simone Biles

Claimant, Kaylee Lorincz

118. Plaintiff Lorincz is a former USAG member.

Claimant, Hannah Morrow

130. Plaintiff Morrow is a former USAG member.

V. THE FBI’S NON-COMPLIANCE WITH ITS MANDATORY DUTIES

A. Relevant Mandatory Duties

A. The FBI is required to document information gathering and investigative activities

B. Violations of Mandatory Duties

VI. STATEMENT OF LEGAL CLAIMS

B. Negligence– Special Duty

C. Negligent Infliction of Emotional Distress

Dated: June 7, 2022 By: /s/ John C. Manly, Esq.

Dated: June 7, 2022 By: /s/ Stephen R. Drew (with permission)

Dated: June 7, 2022 By: /s/ Bartholomew J. Dalton (with permission)

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