Acusación de EU contra el iraní Manssor Arbabsiar por supuesta conspiración contra el embajador saudita en EU

8/3/2019 Acusacin de EU contra el iran Manssor Arbabsiar por supuesta conspiracin contra el embajador saudita en EU.

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11 MAG 261Approved: /

Ass is tan tBefore: HONORABLE MICHAEL H. DOLINGERUnited Sta tes Magistra te Judge

Southern D is t r i c t of New York-----X

UNITED STATES OF AMERICA- v. -

MANSSOR ARBABSIAR,a /k /a "Mansour Arbabsiar ," andGHOLAM SHAKURI,

a /k /a "Al i Gholam Shakur i , "Defendants .

- - - - - - - - - - - - - - - - - - XSOUTHERN DISTRICT OF NEW YORK, s s . :

SEALED AMENDED COMPLAINTViola t ions of18 U.S.C. 1117,1958, 2, 2332a, 2332bCOUNTY OF OFFENSE:NEW YORK

O. Robert Woloszyn, being duly sworn, deposes and sayst ha t he i s a Spec ia l Agent with the Federal Bureau of Inves t iga t ion("FBI"), and charges as follows:

COUNT ONEConspiracy to Murder A Fore ign O f f ic i a l

1. From a t l e a s t in or about th e spr ing of 2011, up toand inc luding in or about October 2011, in the Southern D is t r i c t ofNew York and elsewhere, MANSSOR ARBABSIAR, a /k /a "MansourArbabs ia r , " and GHOLAM SHAKURI, a /k /a "Al i Gholam Shakuri ," th edefendants , and others known and unknown, knowingly andin ten t iona l ly combined, conspi red, confederated and agreed t oge the rand with each other to v io la t e Sec t ion 1116 of Ti t l e 18, UnitedSta tes Code.

2. I t was a par t and an ob jec t of the conspi racy t ha tMANSSOR ARBABSIAR, a /k /a "Mansour Arbabs ia r , " and GHOLAM SHAKURI,a /k /a "Al i Gholam Shakuri ," th e defendants , and others known andunknown, would and d id agree to k i l l a fore ign o f f i c i a l , to wit ,ARBABSIAR and SHAKURI agreed with each o ther and with others tok i l l the Ambassador to the United Sta tes o f Saudi Arabia , whi le theAmbassador was in the United Sta tes .

Overt Acts3. In furtherance of the conspi racy and to e f fec t the


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i l l e g a l ob jec t t he reof , the fol lowing ove r t acts were committed, inth e Southern D is t r i c t of New York and elsewhere:

a . On or about August 1, 2011, MANSSOR ARBABSIAR,a / k / a "Mansour Arbabsia r , " the defendant , caused an overseas wiret r a n s f e r of approximately $49,960 to be sent by a fore ign ent i tyfrom a bank loca ted in a fore ign count ry to an FBI undercover bankaccount ( the "UC Bank Account") . Before reaching th e UC BankAccount , th e funds were t r a n s f e r r e d through a bank in Manhattan,New York.

b. On or about August 9, 2011, ARBABSIAR caused anoverseas wire t r a n s f e r of approximately $49,960 to be sen t by afore ign en t i t y from a bank loca ted in a fore ign coun t ry to the UCBank Account. Before reaching the UC Bank Account , th e funds weret r ans fe r red through a bank in Manhattan, New York.

c . In or about the sp r i ng o f 2011, GHOLAM SHAKURI,a /k / a "Al i Gholam Shakur i , " the defendant , p rovided thousands ofdo l l a rs to ARBABSIAR in I ran to pay fo r expenses re l a t ed tofu r the r ing the p l o t to k i l l th e Ambassador tO, the United Sta t e s ofSaudi Arabia .

(T i t l e 18, United Sta tes Code, Sect ion 1117.)COUNT TWO

Foreign Travel and Use of In t e r s t a t eand Foreign Commerce F a c i l i t i e s

in th e Commission o f Murder-For-Hire4. From a t l e a s t in or about the spr ing of 2011, up toand inc luding September 29, 2011, in th e Southern D is t r i c t of NewYork and elsewhere , MANSSOR ARBABSIAR, a /k /a "Mansour Arbabs ia r , "

th e defendant , w i l l fu l ly and knowingly t r ave led in fore ign commerceand used, and caused ano ther to use, a f a c i l i t y of i n t e r s t a t e andfore ign commerce, to wit , bank wire t r a n s f e r s to an account in theUnited Sta tes from fore ign e n t i t i e s , with th e i n t e n t t ha t a murderbe committed in v io l a t i o n of the laws of th e United Sta tes , to wit ,Ti t l e 18, United Sta t e s Code, Sect ions 1116 and 1117, ascons idera t ion for the r e c e ip t of , and as cons idera t ion fo r apromise and agreement to pay anyth ing o f pecun iary value , as thosete rms are def ined in Ti t l e 18, United Sta tes Code, Sect ion 1958(b) ,to wi t , ARBABSIAR caused to be wired approximately $100,000 in tothe United Sta tes , as p a r t i a l cons idera t ion fo r th e murder of th eAmbassador to the United Sta tes of Saudi Arabia .

(T i t l e 18, United Sta t e s Code, Sec t ion i 1958 and 2 .)

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COUNT THREEConspi racy to Engage in Fore ign T rav e land Use I n t e r s t a t e and Foreign Commerce F a c i l i t i e sIn th e Commission o f Murder-For-Hire

5. From a t l ea s t in or about the spr ing of 2011, up toand inc luding in or about October 2011, in the Southern D is t r i c t ofNew York and elsewhere , MANSSOR ARBABSIAR, a /k /a "MansourArbabsiar ," and GHOLAM SHAKURI, a /k /a "Al i Gholam Shakur i , " thedefendants , and others known and unknown, wil l fu l ly and knowinglycombined, conspired, confederated and agreed toge the r and with eachother to v io la t e Ti t l e 18, United Sta tes Code, Sect ion 1958.

6. I t was a p a r t and an objec t of the conspiracy t ha tMANSSOR ARBABSIAR, a /k /a "Mansour Arbabs ia r , " and GHOLAM SHAKURI,a /k /a "Al i Gholam Shakur i , " the defendants , and others known andunknown, would and d id agree toge ther and with each other to uset r a v e l in fore ign commerce and th e f ac i l i t i e s of i n t e r s t a t e andforeign commerce, to wit , bank wire t r ans fe r s to an account in theUnited Sta tes from fore ign en t i t i e s , with the i n t e n t t ha t a murderbe committed in v io la t ion of the laws of the United Sta tes , to wit ,Ti t l e 18, United Sta tes Code, Sect ions '1116 and 1117, ascons idera t ion for the rece ip t of, and as cons ide ra t ion fo r apromise and agreement to pay anything of pecuniary va lue , to wit ,ARBABSIAR, SHAKURI, and others known and unknown, caused to bewired approximately $100,000 in to the United Sta tes as p a r t i a lcons idera t ion for the murder o f the Ambassador to th e United Statesof Saudi Arabia .

Over t Acts7. In fur therance of the conspiracy and to e f f e c t thei l l ega l objects the reo f , MANSSOR ARBABSIAR, a /k /a "Mansour

Arbabs ia r , " and GHOLAM SHAKURI, a /k /a "Al i Gholam Shakur i , " thedefendants , and others known and unknown, committed in th eSouthern D is t r i c t o f New York and elsewhere , th e ac t s s e t fo r thin Paragraph 3 above.

(Ti t le 18, United Sta tes Code, Sect ion 1958.)COUNT FOURConspi racy To Use A Weapon o f Mass Des t ruc t i on

8. From a t l ea s t in or about the spr ing of 2011, upto and including in or about October 2011, in the SouthernD is t r i c t of New York and elsewhere, MANSSOR ARBABSIAR, a /k / a

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"Mansour Arbabs i a r , " and GHOLAM SHAKURI, a / k / a "Al i GholamShakur i , " the defendan ts , and others known and unknown, wi l l fu l lyand knowingly combined, consp i red , confedera ted and agreedtoge the r and with each o the r to v io la te Ti t l e 18, United Sta tesCode, Sect ion 2332a(a) (2 ) (A) and (C).

9. I t was a p a r t and an ob jec t o f th e consp i racy t h a tMANSSOR ARBABSIAR, a /k / a "Mansour Arbabsiar ,"- and GHOLAM SHAKURI,a /k / a "Al i Gholam Shakur i , " the defendants , and o the rs known andunknown, would use a weapon o f mass des t ruc t ion , namely, ades t ruc t ive device as t h a t term i s def ined in T i t l e 18, UnitedSta tes Code, Sect ion 921, aga i ns t a person within th e UnitedSta t e s , where a f ac i l i t y o f i n t e r s t a t e and fore ign commerce wasused in fu r the rance o f th e offense , to wi t , bank wire t r ans fe r sto an account in th e United Sta t e s from fore ign e n t i t i e s , andwhere a p e r p e t r a to r o f th e of fense t r ave led in fore ign commercein fur therance o f the of fense , to wi t , ARBABSIAR and SHAKURIagreed with each o the r and with o the r s to use an exp los ive deviceaga i ns t the Ambassador to the United Sta t e s o f Saudi Arabia .

Overt Acts10. In fur therance of the consp i racy and to e f f e c t the

i l l e g a l ob jec t s t he reof , MANSSOR ARBABSIAR, a /k / a Arbabsia r , " and GHOLAM SHAKURI, a /k / a " Al i Gholam Shakur i , " th edefendants , and others known and unknown, committed in theSouthern D is t r i c t o f New York and elsewhere , th e ac t s s e t for thin Paragraph 3 above.(T i t l e 18 , United Sta t e s Code, Sect ion 2332a (a ) (2 ) (A) and (C).)

COUNT FIVEConspiracy to Commit An Act o f Terrorism

Transcending National Boundaries11. From a t l e a s t in or about the sp r i ng o f 2011, up

to and inc luding in o r about October 2011, in the SouthernD i s t r i c t of New York and elsewhere , MANSSOR ARBABSIAR, a /k / a"Mansour Arbabs i a r , " and GHOLAM SHAKURI, a / k / a "Al i GholamShakur i , " the defendan ts , and others known and unknown, wi l l fu l lyand knowingly combined, conspired , confederat ,ed and agreedtoge the r and with each o the r to v io l a t e Ti t l e 18, United Sta tesCode, Sect ions 2332b (a ) (1 ) (A), (a ) (1 ) (B), (b ) (1) (A) and(b) (1) (B ) .

12. I t was a p a r t and an ob jec t o f th e conspiracy t h a tMANSSOR ARBABSIAR, a / k / a "Mansour Arbabs i a r , " and GHOLAM SHAKURI,a /k / a " Al i Gholam Shakur i , " the defendants , and others known and

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unknown, would k i l l and maim persons within the United Sta tes andwould c rea te a subs t an t i a l r i sk of se r ious bodi ly in ju ry toothers by des t roying and damaging s t ruc tu res , conveyances ando the r r e a l and persona l proper ty wi th in the United Sta tes , inv io la t ion of the laws of th e United Sta tes , inc luding Ti t l e 18,United Sta tes Code, Sections 1116 and 1117, where i n t e r s t a t e andfore ign commerce i s used in fur therance of the of fense , to wit ,bank wire t r a n s f e r s to an account in the United Sta tes fromforeign e n t i t i e s , and where the offense would have obs t ruc ted ,delayed and af fec ted i n t e r s t a t e commerce had ' i t been consummated,to wit , ARBABSIAR and SHAKURI, during meetings outs ide the UnitedSta tes , agreed wi th each o the r and with others to k i l l theAmbassador to the United Sta tes of Saudi Arabia , whi le theAmbassador was in the United Sta tes .

Overt Acts

13. In fur therance of the consp i racy and to e f f ec t thei l l e g a l ob jec t s thereof , MANSSOR ARBABSIAR, a /k /a "MansourArbabs ia r , " and GHOLAM SHAKURI, a /k / a "Al i Gholam Shakur i , " thedefendants , ,and o the rs known and unknown, committed in theSouthern D is t r i c t of New York and elsewhere , th e ac t s se t for thin Paragraph 3 above.(Ti t le 18, United Sta tes Code, Sect ion 2332b (a) (1 ) (A), (a) (1) (B),

(a ) (2 ) , (b) (1) (A) , (b) (1) (B ) . )The bases fo r my knowledge and the foregoing charges

a re , in p a r t , as fo l lows:14. I have been a Spec ia l Agent with the FBI s inceMarch of 1999. I have par t i c ipa t ed in the inves t iga t ion of th i s

mat te r , and have spoken with other ind iv iduals , inc luding otherlaw-enforcement o f f i c i a l s , about t h i s i nves t iga t ion . The f ac t sand circumstances of t h i s inves t iga t ion have been summarized fo rthe spec i f i c purposes of th e i n s t a n t a f f i d a v i t . No a t tempt hasbeen made to s e t fo r th the complete f ac tua l h i s to ry of t h i sinves t iga t ion or a l l of i t s d e t a i l s .

15. I make t h i s a f f idav i t based on, among o the rth ings , my pe r sona l review of evidence obta ined in th e course ofthe inves t iga t ion , as wel l as in fo rmat ion and be l i e f . Thesources of my information and b e l i e f inc lude , bu t a re no t l im i t edto , conversa t ions with o the r law-enforcement reviews ofrepor t s and o the r documents prepared by law-enforcementpersonnel ; reviews of business records ; d ra f t t r ans c r ip t s andt r ans la t ions of recordings , as well as the under ly ing record ingsthemselves; and the defendant ' s p o s t - a r r e s t s ta tements . Wherethe ac t ions , s ta tements and conversa t ions of o the r s , or the

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contents o f documents, a re recounted or descr ibed here in , theyare re l a t ed in subs tance and in par t , unless o therwise indica ted ..L.. OVERVIEW

16. As s e t for th more fu l ly below, MANSSOR ARBABSIAR,a /k / a "Mansour Arbabsia r , " the defendant , i s a na tu ra l i zedc i t i zen of th e United Sta t e s who holds both a United Sta t e s andan I ranian passpor t . ARBABSIAR and h is I ran-based co-consp i ra to r s , inc luding GHOLAM SHAKURI, a / k / a "Al i GholamShakur i , " the defendant , a member of th e Qods Force, see i n f ra


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I I I . THE INVESTIGATION

A. MAY 2011:ARBABSIAR MEETS CS-1 AND DISCUSSES WITH HIM THEPOSSIBILITY OF AN ATTACK

18. On or about May 24, 2011, according to t r a v e lrecords , MANSSOR ARBABSIAR, a / k / a "Mansour Arbabs ia r , " thedefendant , t r ave led back and for th from Texas to Mexico. InMexico, ARBABSIAR met with CS-1.1 During t h i s May 24 meeting,and a l l others with ARBABSIAR, CS-1 posed as an as soc ia te of adrug- t r a f f ick ing c a r t e l ("Drug Carte l #1") .2 Afte r th e May 24meeting with ARBABSIAR, CS-1 descr ibed to law-enforcement agentswhat had t r ansp i red . CS-1 explained t ha t , ai th e meeting,ARBABSIAR inqui red as to CS-1 's knowledge, if any, with respec tto explos ives . According to CS-1, ARBABSIAR explained to CS-1t h a t he was i n t e r e s t e d in , among o the r t h ings , a t t a ck ing anembassy of Saudi Arabia . In response , and t o f u r t h e r thediscuss ion , CS-1 t o ld ARBABSIAR t h a t he was knowledgeable withrespec t to C-4 explos ives . 3

19. On or about May 30, 2011, according t o t r a v e lrecords , MANSSOR ARBABSIAR, a / k / a "Mansour Arbabs ia r , " thedefendant , t r ave led i n t e rna t iona l ly , by plane from Houston,Texas.

1 CS-1 i s a paid conf iden t ia l source. Previously, CS-1 wascharged in connect ion with a na rco t i c s offense by au thor i t i e s ofa ce r t a in U. S. s t a t e (" S ta t e " ) . In exchange ' for CS-1' scoopera t ion in var ious na rco t i c s inves t iga t ions , th e Sta t echarges were dismissed. CS-1 has previous ly provided r e l i a b l eand independent ly cor robora ted in fo rmat ion to f ede ra l law-enforcement agents ; t h i s informat ion has led to numerous se izuresof narco t ics . In add i t ion , CS-1 has been paid by f ede ra l law-enforcement of f i c i a l s in connect ion with th e work he has done.

2 Drug Car te l #1 i s a l a rge , soph is t i ca ted , and v io len td rug- t r a f f ick ing c a r t e l . I t i s well-known t h roughout NorthAmerica, and i t s p r in c ip a l places of opera t ion are Mexico and theUnited S ta t e s . According to publ i shed r epor t s , Drug Carte l #1has access t o mi l i t a ry -g rade weaponry and explos ives , and hasengaged in numerous ac t s o f inc luding as sas s ina t ionsand murders.

3 "C-4" i s a type of p la s t i c explos ive . Like o the r p l a s t i cexplos ives , C-4 can gene ra l ly be molded, so t 'hat it can be shapedand formed with a ce r t a in degree of prec i s ion .

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B. JUNE AND JULY 2011:ARBABSIAR RETURNS TO MEXICO AND HIRES CS-1 TO KILLTHE UNITED STATES-BASED AMBASSADOR OF SAUDI ARABIA20. On or about June 23, 2011, MANSSOR ARBABSIAR,

a /k /a "Mansour Arbabs ia r , " th e defendant , who had t r ave ledi n t e rna t iona l ly , see supra 19, re turned by plane to Mexico.21. According to CS-1, MANSSOR ARBABSIAR, a /k / a"Mansour Arbabs i a r , " th e defendant , again met with CS-1 in Mexico

in l a t e June and July . Over th e course of a se r i e s of meet ings ,ARBABSIAR exp la ined to CS-1 t h a t h is assoc ia t e s in I ran haddiscussed a number o f v io len t miss ions fo r CS-1 and CS-1 'spurpor ted cr imina l assoc ia t e s t o perform. These inc luded , amongo the rs , th e murder of the Ambassador.

22. On o r about July 14, 2011, MANSSOR ARBABSIAR,a / k / a "Mansour Arbabs ia r , " the defendant , met with CS-1 inMexico. At th e d i rec t ion of law-enforcement agents , CS-1 made anaudio record ing of the meeting. CS-1 and ARBABSIAR spoke Engl ishdur ing th e meet ing . Based on my review of d ra f t t r a n sc r i p t s ofthe Ju ly 14 recorded meet ing , I learned t h a t a t t h i s meeting thefol lowing occurred, among other things :4

a . CS-1 to ld ARBABSIAR t h a t CS-1 would need touse " [ a ] t l e a s t four guys" and t h a t CS-1 was " t a lk ing to one ofth e guys" and would " take th e one po i n t f ive for th e SaudiArabia . " I unders tand t h i s to mean t h a t CS-1 would need to usefour men to as sas s ina te the Ambassador and t ha t t he cos t toARBABSIAR of conduct ing the as sas s ina t ion would be $1.5 mil l ion . 5CS-1 to ld ARBABSIAR t h a t he would "go ahead and work on SaudiArabia , get a l l th e in fo rmat ion t h a t we can";, ARBABSIAR agreedt ha t th e as sas s ina t ion of the Ambassador should be handledf i r s t .6 Afte r CS-1 s t a t ed , "you j u s t want the , th e main guy,"

4 In h is pos t - a r r e s t s ta tement , see i n f r a Par t IV ,ARBABSIAR has admit ted t h a t he par t i c ipa ted in each o f th erecorded meet ings descr ibed in t h i s Complaint , and he hasconfirmed t ha t he agreed to pay CS-1 to k i l l ,the Ambassador.

5 Both above, and throughout , the quoted language i s takenfrom the dr a f t t r a ns c r ip t s . My unders tanding of the meaning ofthose quoted terms, where suppl ied , i s based on my t r a in in g ,exper ience and p a r t i c i p a t i o n in t h i s i n v e s t i g a t i o n .

Pr io r t o the Ju ly 14, 2011 meeting, CS-1 had repor tedt ha t he and ARBABSIAR had discussed th e poss i ,b i l i ty of a t tacks on-8 -


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ARBABSIAR conf i rmed t ha t he j u s t wanted th e "[A]mbassador"which I unders tand to mean t h a t ARBABSIAR wanted CS-l to ar rangefo r the as sas s ina t ion of the Ambassador before execu t ing theo the r a t t acks they had discussed .

b. CS-l and ARBABSIAR then discussed howARBABSIAR would pay CS-l . ARBABSIAR asked CS-l what bank heplanned to use, and CS-l s t a t ed tha t he would give ARBABSIAR "anaccount number." At a l a t e r t ime during th e same conversa t ion ,ARBABSIAR s t a t ed t ha t th e "money i s [ in] I r a n , " and t h a t he(ARBABSIAR) had rece ived a c a l l ind ica t ing t h a t the money wouldbe a t th e house o f a ce r t a in indiv idua l (" Indiv idua l #1") . WhenARBABSIAR ca l l ed Ind i v i dua l #1, "he [ Ind i v i dua l #1] sa id he hadit the re" and t h a t he ( Indiv idua l #1) had rece ived " the money a tnine in th e morning." ARBABSIAR sa id th e "money's a hundredthousand" bu t t h a t he (ARBABSIAR) would have to "send a hundred .. ten thousand, ten thousand, ten thousand. . I d o n ' t wanna sendit to one guy, one sho t . " I unders tand ARBABSIAR to mean t h a t hehad $100,000 i n I ran to pay CS-l as a f i r s t payment toward theas sas s ina t ion of th e Ambassador, but t h a t ARBABSIAR wanted tosend th e money to CS-l in ins ta l lments and no t in a s inglet r a n s f e r .

c . During t h e i r July 14 meet ing , CS-l askedARBABSIAR about ARBABSIAR's cousin, who, accord ing to ARBABSIAR,was loca ted i n I ran and had reques ted t h a t ARBABSIAR f ind someone(u l t imate ly , CS-l) who could carry out the a t t a c k on th eAmbassador descr ibed above. ARBABSIAR exp la ined t ha t h is cousinwas "wanted in America," had been "on the CNN," and was a "biggenera l in [the] army." ARBABSIAR fu r the r explained t h a t the rewere a number of p a r t s to the army of I ran and t ha t h is cousin"work[s] in ou t s ide , in other count r ies for the I raniangovernment [ . ] " ARBABSIAR fu r the r explained t h a t h is cousin d idno t wear a uniform or carry a gun, and had taken ce r t a inunspec i f i ed ac t ions re l a t ed to a bombing in I raq . Compare supra 17. In th e por t ions of th e July 14 meet ing re fe renced in t h i ssub-paragraph, I unders tand ARBABSIAR to be saying t h a t h iscousin works for the mil i t a ry of I ran , in pa r t i c u l a r , fo r th eQods Force, and t h a t h is cousin focuses on matte rs outs ide ofI ran .

d. At the end of the Ju ly 14 meet ing , CS-l to ldARBABSIAR, " [w]e ' r e gonna s t a r t doing the guy," which I

a number of o the r t a r ge t s . These t a rg e t s inc luded fore igngovernment f a c i l i t i e s assoc ia ted with Saudi Arabia and withanother coun t ry , and these t a rge t s were loca ted within andouts ide of th e United Sta tes .

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unders tand to mean tha t CS-1 and ARBABSIAR confirmed t ha t CS-1would proceed to plan the assass inat ion of the Ambassador.23. On or about July 17, 2011, MANSSOR ARBABSIAR,

a /k /a "Mansour Arbabs ia r , " th e defendant , met with CS-1 - again ,see supra 22, in Mexico. At the d i rec t ion o f law-enforcementagents , CS-1 recorded the meeting. CS-1 and ARBABSIAR spokeEnglish during the meeting. Based on my review of dr a f tt r ansc r ip t s of the July 17 meeting, I learned t ha t a t th i smeeting the fo l lowing occurred , among o ther t h ings :a. CS-1 made reference to "my guy over the re .. he ' s a l ready in Washington," which I understand to be a

re fe rence to the f ac t that . one of CS-1's workers had purpor tedlyalready t raveled to Washington, D.C. to su rv e i l the Ambassador.CS-1 then asked, " I got t h i s on th e computer .' . i s t h i s theguy r i g h t here?" - to which ARBABSIAR r ep l ied , "Yeah, tha t ' shim." Based, among o the r th ings , on my discuss ions with otheragents , I understand t ha t during t h i s por t ion of theconversa t ion , CS-1 showed ARBABSIAR a photograph of theAmbassador.

b. CS-1 descr ibed what he had purpor tedly begunto l ea rn about the Ambassador, s t a t i ng t ha t the Ambassador has"e ight to seven secu r i ty people around h i m . [h]e goes outand ea t l i ke two t imes a week in a r e s t a u r a n t . [m]y guy i salready over t h e r e . doing su rve i l l ance . " CS-1 thenre f l ec t ed , " I don ' t know what exac t ly your co"usin [see supra 22(c)7] wants me to do. "After some fur ther conversa t ion ,ARBABSIAR rep l ied : " [h ]e wants you to k i l l t h i s guy." CS-1 thenexplained, " t he re ' s gonna be l i ke American people there . inthe re s t au ran t . You want me to do it outs ide or in th er es tau ran t?" ARBABSIAR answered: " [d]oesn ' t mat te r how you doit. I mean, if you do it by himse l f , k i l l i s be t t e r , b u t .sometime, you know, you have no choice, i s t ha t r igh t?" Iunders tand ARBABSIAR and CS-1 to have been discuss ing how theAmbassador should be k i l l ed , and ARBABSIAR to be saying t ha t h iscousin wanted the Ambassador k i l l ed ; without bys tander casua l t i e sif poss ib le ("by himse l f , k i l l i s be t t e r" ) bu t not if opera t iona lnecess i t i e s d ic t a t ed otherwise ("sometime, you know, you have no

7 During th e course of the Ju ly 17 conversa t ion , ARBABSIARfu r the r described h is cousin. ARBABSIAR sa id t ha t h is cousin was"working fo r [the] government [of I ran] bu t he ' s working outs ide .. . He's working l ike . [ l ] ike [a named, non-I raniani n t e l l igence agency] . "

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choice") . 8c . On a number o f occas ions , ARBABSIAR re -assured CS-1 t h a t CS-1 and h is (CS-1's) men would indeed be paid

fo r k i l l ing th e Ambassador. ARBABSIAR t o ld CS-1 to t e l l th epeople working fo r him (CS-1) t h a t he (ARBABSIAR) could"guarantee the money... I [ARBABSIAR] got the money coming."ARBABSIAR emphasized t h a t " th i s i s po l i t i c s , ok ... it's notl i ke , eh, pe r sona l . . . This i s po l i t i c s , so these people[ARBABSIAR's co-conspi ra tors in Iran] they pay t h i sgovernment ... he ' s got [ARBABSIAR's cousin has got] the , gotthe government behind him . . . . . he ' s n ot paying from h ispocke t . " To f a c i l i t a t e payment, a t one po in t dur ing the Ju ly 17meeting, CS-1 gave ARBABSIAR " the account number ... in [a u.s.bank] ... and th e u.s. rout ing number" - th e unique numberassoc ia ted with th e United Sta tes bank account in to whichARBABSIAR could ar range fo r payment to be made to CS-1 for theas sas s ina t ion of th e Ambassador.

d. ARBABSIAR exp la ined t h a t h is cousin and anindiv idua l who worked fo r h is cousin had paid h is (ARBABSIAR's)expenses re l a t ed to the as sas s ina t ion p l o t . ARBABSIAR s t a t ed , " It e l l him [ARBABSIAR's cousin] , give me j u s t ano ther f i f t e e n .Jus t ... nex t morning they send one guy, you know, t h a t workfo r him [ARBABSIAR's cousin] . He's l i ke a colone l , the guy."CS-1 asked, "Did the colone l take the money, the money to you?"ARBABSIAR responded, "Yes, man. He opened th e door fo r me, th ecolone l , he br i ng the envelope . He p ut the envelope the re fo rme." Based on my t r a in ing , experience and p a r t i c i p a t i o n in t h i sinves t iga t ion , inc luding my p a r t i c i p a t i o n in the p o s t - a r r e s tin te rv iew of ARBABSIAR, I unders tand t ha t the "colone l" t h a tARBABSIAR r e fe r red to i s GHOLAM SHAKURI, a / k / a "Al i GholamShakur i , " the defendant , and t h a t ARBABSIAR was s t a t i ng t h a ta f t e r he rece ived expense money from h is cousin , he rece ived anadd i t iona l expense payment from SHAKURI, see ' i n f ra n.13.

e . At the end of the Ju ly 17 meet ing, ARBABSIAR

8 On numerous occasions during the July 17 meet ing,ARBABSIAR made it c l e a r t h a t th e as sas s ina t ion needed to goforward, even if doing so would cause mass c a su a l t i e s . Forexample, ARBABSIAR sa id : "They want t h a t guy [ the Ambassador]done [k i l l e d ] , if th e hundred go with him, fuck ' em." In as imi la r vein , ARBABSIAR and CS-l a lso discussed th e means bywhich the Ambassador would be k i l l ed . CS-l sa id : " I 'm gonna blowhim [ the Ambassador] up or shoot him, whatever you want ."ARBABSIAR responded: "Yeah, it doesn ' t mat te r [w]hatever i seasy fo r ... how i s poss ib le fo r you."

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dec la red " [ l ) e t it h i t the r es tau ran t . I f , if you can do itouts ide , do it. I f not , r es tau ran t , h i t it, it's ok," by which Iunders tand ARBABSIAR to mean t h a t if CS-l could not assa ss ina t ethe Ambassador outs ide the r es tau ran t , he should " h i t " or bombth e r e s t a u r a n t . In response, CS-l then noted t ha t t he re were"from a hundred, a hundred and f i f t y [people th e r es tau ran t ) "and "bui ld ings on the s ides , " and "sena tors [U.S. Sena tors whodine t he r e ) , " a l l of which ARBABSIAR dismissed as "no problem" or"no b ig dea l , " meaning t h a t th e p o t e n t i a l fo r such c a s u a l t i e sshould not d issuade CS-l from k i l l i ng th e Ambassador.

c. JULY AND AUGUST 2011:PAYMENTS ARE MADE TO CS-124. According to t r a v e l records , MANSSOR ARBABSIAR,

a /k / a "Mansour Arbabs ia i , " th e defendant , t r ave led from Mexico,depar t ing fo r a fore ign count ry , on or about July 20, 2011.9

25. As noted above, see supra 23, a t th e July 17meet ing , CS-l provided MANSSOR ARBABSIAR, a /k /a "MansourArbabsia r , " the defendant , wi th a bank account and rout ingnumber, so t h a t payment could be made fo r th e as sas s ina t ion ofthe Ambassador. The account in fo rmat ion CS-l' provided was inf a c t assoc ia t ed with the UC Bank Account .

26. On or about August 1, 2011, an overseas wiret r a n s f e r of approximately $49,960 was sen t by a fore ign e n t i t y("Foreign Ent i ty - I " ) from a bank loca ted in a fore ign country( the "Foreign Bank") through a bank in Manhattan to th e UC BankAccount .

27. On or about August 6, 2011, MANSSOR ARBABSIAR,a /k / a "Mansour Arbabs i a r , " the defendant , spoke with CS-l on thet e lephone . CS-l recorded th e conversa t ion . Based on my reviewof d ra f t t r a ns c r ip t s of the recorded conversa t ion , I know tha t .during the c a l l , CS-l asked ARBABSIAR whether he (ARBABSIAR) had"a l ready f in i shed the other ha l f of. . the money." ARBABSIARr ep l ied , " I sen t it yes te rday ." I unders tand t h a t ARBABSIAR wasacknowledging t h a t th e prev ious day he sent to CS-l the secondh a l f of the approximately $100,000 down-payme'nt, see supra 22(b) , fo r th e murder of th e Ambassador. I unders tand t h a t " theother ha l f " of the $100,000 was rece ived on o r about August 9,

9 Three days p r i o r to ARBABSIAR's July 20 f l i gh t , duringthe July 17 meeting with CS-l , see supra , ARBABSIAR indica ted toCS-l t ha t ARBABSIAR would be t r a v e l i n g t o Ira,n on July 20 to seeh is cous in .

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2011, see i n f ra 28, and t ha t the f i r s t "ha l f " was rece ived ono r about August 1, 2011, see supra 26.

28. On o r about August 9, 2011, an overseas wiret r a n s f e r o f approximately $49,960 was sent by another fore igne n t i t y ("Foreign Ent i ty-2") from the Foreign Bank through a bankin Manhattan to the UC Bank Account .

29. On o r about August 11, 2011, MANSSOR ARBABSlAR,a / k / a "Mansour Arbabs i a r , " the defendant , spoke with CS-1 on thete lephone . CS-1 recorded the conversa t ion . Based on my reviewo f d ra f t t r a ns c r ip t s o f th e recorded conversa t ion , I know t h a tdur ing the ca l l , ARBABSlAR asked CS-1, "Did you check th e bank?"CS-1 responded in th e af f i rmat ive , " I check in th e bank,everyth ing i s t h e re . " I unders tand t h a t ARBABSlAR was conf i rmingt h a t C S - l r e c e iv e d th e $49,960 t ha t a r r ived in th e DC BankAccount on or about August 9, 2011, see supra 28.

D. SEPTEMBER 2011:ARBABSIAR RETURNS TO MEXICO

30. On o r about September 2, 2011, MANSSOR ARBABSlAR,a /k / a "Mansour Arbabs ia r , " th e defendant , spoke with CS-1 on thete l ephone . CS-1 recorded the conversa t ion . ,Based on my reviewo f d ra f t t r a ns c r ip t s of the recorded conversa t ion , I know t h a tduring th e ca l l , ARBABSlAR asked CS-1 if the "bui ld ing i s ge t t ingpa i n ted" and CS-1 responded "we ' re still doing t ha t . " Iunders tand t h a t by asking t ha t ques t ion , ARBABSlAR was askingCS-1 whether th e arrangements to k i l l the Ambassador were stillunderway. 10 ARBABSlAR then s t a t ed , "once we do t h i s one, yougonna open a [U/l] l i k e , u h . . you got the number fo r thesa fe" and "[o]nce you' open th e door, t h a t ' s it. You know what Imean? . . [y ] ou d o n ' t have to worry about a 'nything." Iunders tand t h a t ARBABSlAR was expla in ing to CS-1 t h a t a f t e r CS-1and h is team as sas s ina ted th e Ambassador, CS-1 would make moneyfrom t ha t and o the r p r o j e c t s with ARBABSlAR and h is a s soc ia tes ,see supra n .6 .

31. On o r about September 12, 2011, MANSSOR ARBABSlAR,a / k / a "Mansour Arbabs i a r , " the defendant , spoke with CS-1 on the

10 Based on my t r a in ing and in my exper ience , i nd iv idua l swho speak e xp l i c i t l y about cr imina l a c t iv i t y during in-personmeet ings , see , supra 22, 23, of ten speak in codedlanguage during t e lephone conversa t ions , in an e f f o r t to concea lth e subjec t matte r o f t he i r d i scuss i ons in the event t h a t theyare overheard or in te rcep ted .

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te lephone. CS-1 recorded th e te lephone Based onmy review of a dr a f t t r a ns c r ip t of the recording, I learned t ha tARBABSIAR to ld CS-1 t ha t " the number i s gonna s tay th e same th ing[o]ne and a half. " I unders tand ARBABSIAR was s t a t ingtha t CS-1 would receive th e same amount of money ("[o]ne and ahal f" ; $1.5 mil l ion) for th e assass inat ion t ha t ARBABSIAR and CS-1 had previous ly d iscussed . See supra 22(a) . ARBABSIAR alsor e fe r red to " the number we did" and to ld CS-1 t ha t he could"prepare fo r those t o o . . but we need to a t l e a s t one ofthem." I understand ARBABSIAR to have been informing CS-1 tha tin the fu ture CS-1 could prepare for the add i t iona l a t t ackspreviously mentioned, see supra n.6, but t ha t CS-1 f i r s t neededto a s sas s ina te the Ambassador. ARBABSIAR promised CS-1 tha t i fhe does " a t l ea s t o n e . . I'll send the balance fo r you," whichI understand to mean t h a t CS-1 would receive the remainder of h is$1.5 mil l ion payment a f t e r the Ambassador has been assass inated .ARBABSIAR also s t a t ed , " [ t ]he f i r s t one they j u s t want it ...fo r t e s t , " which I understand to mean tha t f i r s t task wasdes igned as a t e s t run, with fu ture assignments to follow if theas sas s ina t ion was success fu l .

32. On or about September 20, 2011, MANSSOR ARBABSIAR,a /k /a "Mansour Arbabs ia r , " the defendant , spoke with CS-1 on thete lephone. CS-1 recorded the te lephone conversat ion. Based onmy review of a dr a f t t r a ns c r ip t of the recording, I l ea rned t ha tCS-1 to ld ARBABSIAR, "I 'm ready fo r the. .' for the th ing , fo rth e house, man, to be pa in ted b u t . . I need to , I need, e i the rI need you or I need ha l f of the. . of the check t ha t we'regonna receive to. . so I can go ahead a n d . . be f in ishedwith the job . " I understand CS-1 to have been reques t ing tha tARBABSIAR e i t he r pay one-ha l f of th e agreed upon pr ice ($1.5mil l ion , see supra 22(a)) fo r the murder of the Ambassador orgo persona l ly to Mexico to serve himself as co l l a t e ra l fo r th ef ina l payment of the fee fo r the as sas s ina t iop . l l Based on myt r a in ing and experience, I know tha t t h i s form of persona lguarantee i s common fo r la rge sca le illicit t r ansac t ions .Ult imately , based on my review of th e t r a ns c r ip t of the September20, 2011 ca l l , I bel ieve t ha t ARBABSIAR agreed to t r a ve l toMexico per CS-1's reques t to guarantee payment fo r th e murder ofthe Ambassador ("I 'm gonna go over there [in] two [or] th reedays, I'll go over t he re . Don't wait fo r me. Get ready,but I'll be over t he re . " ) . Later during the n ight of September20, CS-1 re turned a c a l l from ARBABSIAR. At th e d i rec t ion oflaw-enforcement agents , CS-1 recorded the te lephone conversat ion.

11 CS-1 i n i t i a l l y requested t ha t ARBABSIAR send someone toMexico as co l l a t e ra l in a recorded ca l l between CS-1 andARBABSIAR on or about August 28, 2011.

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During the c a l l , ARBABSIAR inqui red as to "how long [he) need[s)to s tay in Mexico. u I unders tand ARBABSIAR to have been askinghow long he would have to s tay in Mexico to supply a su f f i c i e n tguarantee fo r payment to CS-1 and CS-1's as soc ia tes fol lowingcomplet ion of the p l o t to murder th e Ambassador.

E. THE ARREST AND SEARCH33. On or about September 28, 2011, MANSSOR ARBABSIAR,a /k /a "Mansour Arbabsia r ,u the defendant , flew to Mexico.

ARBABSIAR was denied en t ry in to Mexico, and then flew on to JohnF. Kennedy I n t e r n a t i o n a l Ai rpor t ("JFKU) , in New York Ci ty .During the f l i gh t , law-enforcement o f f i c i a l s aboard conductedsurvei l lance of the defendant without a l e r t i ng him to t h e i rpresence . Afte r ARBABSIAR exi ted th e plane a t JFK, law-enforcement agen ts a r res ted ARBABSIAR.

34. Af te r he was p laced under a r re s t , law-enforcementagents recovered numerous i t ems from MANSSOR ARBABSIAR, a /k / a"Mansour Arbabsia r ,u the defendant , and from h is luggage. (Theluggage was searched pursuan t to a warrant i s sued by a UnitedSta tes Magistra te Judge.) These i t ems inc luded , among o the rth ings : approximately $3,900 in United Sta tes currency , composedof one-hundred d o l l a r b i l l s ; a sum of I ran ian currency ; anI ran ian passpor t ; a United Sta tes passpor t ; and a t r a v e li t i ne r a r y r e f l ec t i ng a f l i gh t depar t ing Mexico during October of2011, with an ul t imate des t ina t ion of Tehran, I ran .IV. ARBABSIAR'S CONFESSION

35. Severa l hours a f t e r h is a r re s t , MANSSOR ARBABSIAR,a /k /a "Mansour Arbabsia r ,u the defendant , was adv ised of h isMiranda r igh t s and h is r i g h t to a speedy presentment . ARBABSIARagreed to waive those r igh t s and to speak with law-enforcementagents . As s e t for th more fu l ly below in the paragraphs t h a tfol low, dur ing a se r i e s of Mirandized in te rv iews , ARBABSIARconfessed to h is p a r t i c i p a t i o n in the p l o t descr ibed above. 12 Inpar t i cu l a r , and as descr ibed more fu l ly below, ARBABSIAR admit tedt h a t he had ar ranged fo r CS-1 to murder the Ambassador; t h a t he

12 The in te rv iews were conducted pr inc ipa l ly in Engl i sh .Occas iona l ly , ARBABSIAR spoke in Fars i . One of the law-enforcement agen ts who conducted the in te rv iews i s f luent inFar s i . A smal l por t ion of the subs tance of ARBABSIAR's o r a ls ta tement i s descr ibed in the i n s t a n t Complaint . In addi t ion toprov id ing an ora l s ta tement , the defendant s igned a typewri t tens ta tement admi t t ing to th e conduct t ha t forms the bas i s fo r thecharges he re in .

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(ARBABSIAR) had discussed with CS-1 the means by which CS-1 andh is cr imina l as soc ia tes would commit the murder; and t h a t he(ARBABSIAR) made a down-payment to CS-1 fo r the murder by caus inga t o t a l o f $100,000 to be deposi ted in th e uC Bank Account .Furthermore, ARBABSIAR admit ted t ha t in connec t ion with t h i sp lo t , he (ARBABSIAR) was r ec ru i t ed , funded, and d i rec ted by menhe unders tood to be sen io r of f i c i a l s in th e Qods Force, see supra'17. ARBABSIAR fu r the r explained t h a t men he unders tood to besenior Qods Force of f i c i a l s were aware of and approved, amongother th ings , th e use o f CS-1 in connect ion wi th th e p lo t ;payments to CS-1; and the means by which th e Ambassador would bek i l l ed in th e United Sta tes and th e casua l t i e s t ha t would l i ke lyr e s u l t .

36. MANSSOR ARBABSIAR, a /k / a "Mansour Arbabs ia r , " th edefendant , exp la ined t ha t h is cousin, see supra , approachedARBABSIAR in th e ear ly spr ing of 2011, while ARBABSIAR was inI ran , and asked ARBABSIAR to work with him (ARBABSIAR's cousin) .ARBABSIAR had long unders tood t ha t h is cousin (he re ina f te r" I ran ian Off ic i a l #1") , was a high-ranking member of the QodsForce . ARBABSIAR to ld I ran ian Off ic i a l #1 t h a t as a r e s u l t ofh is business in both Mexico and th e United S ta t e s , he (ARBABSIAR)knew a number of people who t r ave led between th e two count r ies ,and some o f those people , he (ARBABSIAR) be l i eved , were na rco t i c st r a f f i c ke r s . I ranian O f f i c i a l #1 to ld ARBABSIAR t ha t he wantedARBABSIAR to h i r e someone who could kidnap th e Saudi ArabianAmbassador to th e United Sta tes and t h a t ARBABSIAR should f indsomeone in the narco t ics bus i ness , because people in t h a tbusiness a re wil l ing to undertake cr imina l ac t i v i t y in exchangefo r money.

37. MANSSOR ARBABSIAR, a / k / a "Mansour Arbabs i a r , " th edefendant , fu r the r acknowledged t ha t I ran ian O f f i c i a l #1subsequent ly provided ARBABSIAR with thousands o f d o l l a r s fo rexpenses . 13 ARBABSIAR t h e re a f t e r t raveled to Mexico, where hemet CS-1.14

13 In the course of h is discuss ions with I ran ian Off ic i a l#1, I ranian Off ic i a l #1 i nd ica t ed t h a t another i nd iv idua l , GHOLAMSHAKURI, a /k / a "Al i Gholam Shakur i , " the defendant , worked fo rhim ( tha t i s , fo r I ranian Off ic i a l #1) as h is ( I ranian O f f i c i a l#l ' s ) deputy . Afte r I ran ian O f f i c i a l #1 provided ARBABSIAR withthousands of d o l l a r s fo r expenses , SHAKURI separa te ly providedARBABSIAR with thousands of do l la r s fo r expenses .

14 During the course of h is in te rv iews, ARBABSIAR explainedhow he carne to meet CS-1.-16 -


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38. MANSSOR ARBABSIAR, a /k / a "Mansour Arbabs i a r , " th edefendant , admit ted t h a t , while he was in Mexico, he (ARBABSIAR)and CS-1 discussed , among other th ings , a plan to k i l l theAmbassador by bombing a r es tau ran t the Ambassador f requented , fo rwhich CS 1 sa id he would charge $1.5 mil l ion . ARBABSIAR thenre turned to I ran from Mexico.

39. MANSSOR ARBABSIAR, a /k / a "Mansour Arbabs i a r , " thedefendant , s t a t e d t h a t upon h is re tu rn to I ran , he (ARBABSIAR)met toge the r on a number of occas ions in Tehran with GHOLAMSHAKURI, a /k / a "Al i Gholam Shakur i , " the defendan t , and a th i rdi nd iv idua l , who ARBABSIAR unders tood was a high-ranking member ofthe Qods Force (he re ina f te r "I ranian Off ic i a l #2") .15 ARBABSIARs t a t ed he also met rou t ine ly on a one-on-one bas i s with SHAKURI.During these meet ings , th e fol lowing occurred, among otherth ings :

a . ARBABSIAR indica ted t h a t he (ARBABSIAR) hadloca ted a drug dea le r in Mexico ( refer r ing to CS-1). ARBABSIARwas asked to have CS-l kidnap or k i l l the Ambassador of SaudiArabia to the United Sta tes , and t o ld tha t it would need to bedone fa s t . ARBABSIAR was a lso asked whether CS-1 would t r a v e lin t e rna t iona l ly , so t h a t CS-1 could speak f ace - to - face with o the ropera t ives . ARBABSIAR indica ted t h a t CS-1 would not do so .

b. ARBABSIAR s t a t ed t h a t the p lan was to blow upa r es tau ran t in th e United s ta te s f requented by th e Ambassadorand t ha t in l i g h t o f t h a t plan numerous people , in addi t ion tothe Ambassador, could be k i l l ed . This plan was approved.

c. ARBABSIAR was in s t ruc ted -t o use code wordswhen communicating with SHAKURI. For example, ARBABSIAR wasin s t ruc ted to use th e code word "Chevrole t " for the Ambassadorp l o t .

d. A down-payment of $100,000 to CS-1 fo r th e

15 ARBABSIAR has been shown an a r ray of seven photographs.Amongst the se seven photographs were one photograph of each oftwo men known t o t he United Sta tes to be sen io r members of theQods Force . I t i s bel ieved t h a t these tw o photographs are notpub l i c ly a v a i l a b l e . ARBABSIAR i d e n t i f i e d one of thesephotographs as depic t ing I ranian Off ic i a l #2. The persondepicted in th e photograph t h a t ARBABSIAR i de n t i f i e d i s known tothe United Sta tes to have used the a l i a s by which ARBABSIAR knewI ranian Off ic i a l #2.

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murder of the Ambassador was approved. 16e . SHAKURI advised ARBABSIAR t ha t an indiv idua lwhom ARBABSIAR unders tood to be the l eader of the Qods Force

(here inaf ter " I ran ian Off ic i a l #3") , was aware o f what ARBABSIARwas doing and t h a t he (ARBABSIAR) could meet with I ran ianOff ic i a l #3 in th e fu tu re .

40. In or about l a t e September 2011, MANSSORARBABSIAR, a / k / a "Mansour Arbabsia r , " the defendan t , met withGHOLAM SHAKURI, a /k / a "Al i Gholam Shakur i , " the defendant , inTehran. ARBABSIAR expla ined t ha t CS-1 wanted e i t h e r to rece iveh a l f of the money previous ly promised for the complet ion o f th emurder, o r to have ARBABSIAR t r a v e l babk to Mexico as a guaranteeof payment, see supra


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"what n e w s . . what d id you do about the bt i i ld ing?" Based on myt r a in ing , exper ience and par t i c ipa t ion in t h i s inves t iga t ion , Iunders tand the ques t ion about "the bui ld ing" to be a reference tothe p lo t to murder the Ambassador and a ques t ion about i t ss ta tus . supra 30.

42. On October 5, 2011, MANSSOR ARBABSIAR, a /k /a"Mansour Arbabs ia r , " the defendant , placed another monitored andrecorded c a l l to the I ranian Phone Number. Following the ca l l ,ARBABSIAR ind ica ted t ha t the person he was speaking with wasGHOLAM SHAKURI, a /k /a "Al i Gholam Shakur i , " the defendant . Basedon my review of a draf t t r ans la t ion of the recorded conversa t ion ,I know t ha t during the ca l l , the fo l lowing occurred, among otherth ings :

a . ARBABSIAR s t a t ed , " I wanted to tell you, __Chevrolet i s r e a d y , i t ' s ready, llh,i::o be done. I shouldcontinue, r igh t?" See supra 39 (c) (not ing ' t ha t "Chevrolet" wasthe agreed-upon code for the p lo t to murder the Ambassador) .SHAKURI responded, "Yes. Yes, yes ." SHAKURI l a t e r asked, "Youmean you are buying a l l of i t ? " ARBABSIAR responded, " I don ' tknow fo r now, it's ready, okay?" SHAKURI rep l ied , "So buy it,buy it." ARBABSIAR confirmed, "Buy i t ? Okay." SHAKURI thens t a t ed , "Buy it, yes, buy a l l of it." Based on my t r a in ing ,exper ience and par t ic ipa t ion in th i s inves t iga t ion , I unders tandt ha t SHAKURI confirmed by these s ta tements t ha t ARBABSIAR shouldmove forward with the p lo t to murder the Ambassador.

b. ARBABSIAR then s t a t ed t ha t " th i s boy wants,uh, some money, he wants some expendi ture . What do you say,should we give him some more? He wants another 50," and SHAKURIresponded, "With you, no, you . t h a t amount i s f ine , [UI]brought me another car . Tel l him to f in i sh h is work, then we ' l lgive him the r e s t . He should buy the car for us f i r s t . " Basedon my t r a in ing , exper ience and par t i c ipa t i on in t h i sinves t iga t ion , I unders tand t ha t on t h i s ca l l , SHAKURI wasi ns i s t ing t h a t CS-1 should not rece ive any addi t ibnal money u n t i lhe had k i l l ed the Ambassador.

c . Thereaf te r , SHAKURI urged ARBABSIAR " [ j ]u s tdo it quickly , it's l a t e , j u s t buy it fo r me and br ing ita l r eady ." I understand t ha t SHAKURI i s urging ARBABSIAR toaccomplish the agreed upon task - the murder ,of the Ambassador -as quickly as poss ib le .

43. On October 7, 2011, MANSSOR"Mansour Arbabs ia r , " the defendant , placedrecorded ca l l to the I ran ian Phone Number.ARBABSIAR ind ica ted t ha t the person he was- 19 -

ARBABSIAR, a /k /aanother monitored andFollowing the ca l l ,speaking with was


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GHOLAM SHAKURI, a / k / a Gholam Shakur i , " the defendant . Basedon my review o f a d ra f t t r a n s l a t i o n o f th e conversa t ion ,I know t h a t during the ca l l , th e fol lowing occurred , among o the rt h ings :

a. ARBABSIAR s t a t e d , ... t h i s Mexican,. keeps on i n s i s t i ng on the t h ing . He says , 'If - I needmoney, 50. I won ' t do the job if you don ' t p a y . ' And

eve ry th ing ' s ready." SHAKURI responded, ARBABSIARasked, do you say now?" SHAKURI r ep l ied , d o n ' t know.You guaran teed t h i s yourse l f . . . of course, if we give it,w e ' l l give it to you. Okay? I f he gives it, f ine ; if no t wemust prov ide the 100 [or] 50. Te l l him, [U/I] ." ARBABSIAR thens t a t e d , yeah . Now, I - what do you say? What should Ido? [U/ I ]" SHAKURI "How much i s he t a lk ing about?"ARBABSIAR sa id , d o n ' t know. He's saying, f o r i n s t a n c e , wt.=:J.:t.

s-aysw-elI - so, : : t fh6ught , so t h a t the 100 we--gave won' tgo to waste; t h a t ' s why. On the o the r hand, we gave a 100 andt h a t would go to waste as wel l . " See supra 26-28 (not ing t h a tCS-l was paid $100,000 as a down-payment fo r k i l l i ng th eAmbassador) . SHAKURI r ep l ied , yeah, bu t what if you givet h i s one it goes to waste as wel l?" Based on my p a r t i c i p a t i o n int h i s i n v e s t i g a t i o n , I unders tand t h a t SHAKURI was ques t ioningwhether add i t iona l payments should be made to CS-l Mexican"), in l i g h t o f th e f a c t t h a t CS-l had not yet k i l l ed th eAmbassador, and had a l ready been paid $100,000

b. Shor t l y t h e re a f t e r ARBABSIAR s t a t e d ,re fe r r ing to CS 1, what th e Mexican ... w a n t s .What can I do?" and SHAKURI responded, today I'll d i scussit to see what they say . " Based on my experience andp a r t i c i p a t i o n in t h i s inves t iga t ion , I unders tand t h a t SHAKURI i sexpla in ing t h a t he would consu l t with his super iors regard ingwhether they would be wi l l ing to pay CS-l add i t iona l money.

c. T herea f t e r , SHAKURI sa id t h a tfo r sure t h e y ' r e saying t h a t much. We d i d n ' t d i scuss it though,we - in any case , he needs to d e l iv e r it to us, okay?" to whichARBABSIAR responded, Yeah, yeah, I know what you ' r esay i ng . " SHAKURI then sa id : guaranteed i t " and ARBABSIARresponded, I guaranteed it, but they ... t hey ' re notordinary people ... t hey ' re not law ab id ing ... peop l e . " Seesupra 32, 33 (CS-l asked ARBABSIAR to t r a v e l persona l ly toMexico as a guaran tee t h a t CS-l would be paid in f u l l upon th ek i l l i ng o f th e Ambassador; ARBABSIAR t he rea f t ' e r t r ave led toMexico). Based on my t r a in in g , exper ience and p a r t i c i p a t i o n int h i s i n v e s t i g a t i o n , I unders tand t h a t SHAKURI was remindingARBABSIAR t h a t he (ARBABSIAR) t r ave led to Mexico to serve as apersonal guaran tee o f f u l l payment to CS-l upon th e k i l l i ng o f

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th e Ambassador.d. SHAKURI then s ta ted : "You sa id it yourse l f ,

they - from our po in t o f view o f - when we ge t our merchandise ,we g e t our merchandise ." SHAKURI added, "We have guaran teed ther e s t . You were our guarantee ." Based on my t r a i n i n g , exper ienceand p a r t i c i p a t i o n in t h i s inves t iga t ion , I unders tand t h a tSHAKURI was s ta t ing t h a t "we", meaning himsel f and o the rsinvolved in th e p lo t , had "guaranteed" f u l l payment to CS-l fo rth e k i l l i ng of th e Ambassador by ARBABSIAR's presence in Mexico("You were our gua ran tee" ) . See supra SISI 32, 33.

WHEREFORE, deponent r espec t fu l ly reques ts t ha t MANSSORARBABSIAR, a / k / a "Mansour Arbabs ia r , " the defendan t , beimprisoned, or ba i led , as th e case may be, and t h a t a warran ti s sue fo r th e a r r e s t o f GHOLAM SHAKURI, a /k / a "Al i Gholam- ar res ted andirnprIsone-d, - -o r ba i l ed , as th e case may be.

O. Robert WoloszynSpec ia l AgentFedera l Bureau o f Inves t iga t ion

Sworn to before me t h i s11th 2011

. / LZ : - . - - MICHAEL H. DOLINGERUNITED STATES MAGISTRATE JUDGESOUTHERN DISTRICT OF NEW YORK

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