!"#$%&'()*+,*--.&/*!01%%%23+45$67%)(%%%89:$;%-<=-/=&&%%%>"?$%&%3@%&<%>"?$A2%B'%./ P. 002 f. U.S. Department of Justice United State.< A ttoml!)l EastemDistrictofNew York I On.l! Pi<"?$%.%3@%&<%>"?$A2%B'%.C TEL:718 2'' 6320 SEP.-1?2'98(TUE) 17: 58 Us ATTor ""Y' S EDNY P. 003 various subjects and the sei of heroin from four individuals for narcotics A. In late January 1 Adrr.inistration (the "DEP.") confidential informant in heroin from Pakistan to the Gilani. Under the direction Mr. Gilani in New York and heroin to Mr. Gilani and Mr New York. The DEA arrested had paid the informant $3,00 suitcase which was supposed approximately 2.5 kilograms the convictions of three icking offenses. , the' Drug Enforcement Pakistan became aware that a had been contacted to bring ited States to deliver to Mr. f the DEP., the informant contacted to s 1n and Mr. Gilani after they possession of the kilogram heroin.' Gilani indicated that he Within days of In proffer sessions wished to cooperate with admitted to and explained. his with the government, Mr. The involvement in the plan to i:mcpcort and distribute the heroih?. the instant offense was consistent information Gilani gave by the DEA agents and relayed by with the information inf<:>rmation Mr. ? GilanL .gave the confidential informant. was largely corroborated about the suppliers of the Gilani also detailed the role of investigation by the DEA. discussed prior heroin deals his co-defendant and engaged in, including one that he and importation that the was able to corroborate through the debriefing or in a separate heroin importation case. by In addition to Mr. Gilani described his suppl.iers ;"?$%<%3@%&<%>"?$A2%B'%.C TEL:718 2.' 6320 p 004 SEP. -2-2' 98(TUEI J7:58 US ATTOP""Y' S EDNY D8A. Mr. Gilani informed conversations soon after he of the substance of the the calls. In August 1997 1 Hr. Gilani was released from custody to facilitate his work with the He has remained in daily contact with the DEA since release and his been extremely cooperative and reliable and helped the DEA to infiltrate the very close knit Pakistani nar<:or:1cs dealing community in New York. H:e has met with the agents whenever they have requested that he do so. In February 1998, Gi1ani traveled to Pakistan at the direction of the DEA, to ap intelligence on Pakistani heroin traffickers who send to the United states and to allay the concerns of certain tani traffickers who were becoming suspicious about Mr- Gilani's connections to several people who had been arrested the United States and his absence from Pakistan. Although no ts or seizures took place after Mr. Gilani's return to the States, the trip allowed the agents to open investigations several new targets. B. Mr. Gil ani's cooper'*-t:1on assisted in the conviction of - , led to the arr 4 individuals on na.rcotics trafficking charg?es, the ction of 3 of these individuals, and the seizure of 2.5 kilograms (net) of heroin. Throughout his cooperation, Gilani was extremely cooperative with the DEA. He met with agent of the DEA whenever he was asked to do so and engaged in a total of approximately 100 monitored calls. 1. During the course o government, Mr. Gilani fully co-defendant referenced above. about and prior was able to corroborate and IIIIIIIWas made aware of the testify at his trial. The encouraged a disposition of was sentenced by this Court his debriefings with the ained his role and that of his rain importation conspiracy the government with details transactions which the government ended to introduce at trial. that Mr. Gilani was prepared to rnment believes that knowledge case prior to trial. 120 months in prison. IIIIJ 2. incarcerated, Mr. individual named friendly while he During these conversat of 1997, while telephone calls to an !"#$%&'()*+,*--.&/*!01%%%23+45$67%)(%%%89:$;%-<=-/=&&%%%>"?$%/%3@%&<%>"?$A2%B'%.) SEP.- l2' 98ITUEI 17:59 US S EDNY TEL:7!8 2'. 6320 p 005 access to heroin and kilograms of heroin a for a sample of heroin posing as Mr. Gilani' for his nephew, Mr. Gilani and to sell Mr. Gilani two er kilogram . . . . . . . . . . arranged ivered to an undercover DEA agent s partner. Later, arranged to deliver a kilogram of heroin to DE:A agent. pleaded to 87 months in prison at Dearie. - r a i s e d acquitted after trial in July of year. Mr. Gil ani was? the b'overnmeont' s primary witness in the trial preparation Mr. Gilani was highly cooperative. He met the government on numerous occasions for stretches of ral hours e. He provided useful suggestions about how respond to entrapment defense. Mr. Gilani also many hours to istening to and revising the transcriptions o the Punjabi language telephone conversations between Mr. Gilani .wqrked harmoniously with Ms. the government's translator and again provided valuable she prepared the final transcripts. The government eves that Mr. Gilani's testimony was truthful. atM!? Mr. Gilani testif tor several hours in the government's case-in-chief rebuttal case. Mr. Gilani his own prior cr.l.mJ.n.al conduct, his relationship with . . . . . . . . and the negoti of the sale by to Mr. Gilani of kilogram quantities 2- Mr. Gilani was also successful prosecutions of 1997 and early 1998. The a series of telephone calls heroin in Pakistan. The that he C:Ollld provide hal heroin already in touch with half-kilogram Gilani's on and in late ?an of lowed a Gilani a of source informed Mr. Gilani of heroin from a supply of s. The source put Mr. Gilani er delivered approximately a fidential informant posing as Me. ted by DEA agents and then States pleaded guilty and faces a 46 to 57 months in prison. United v The apprehension of telephone calls during which out of a series of earned that an !"#$%&'()*+,*--.&/*!01%%%23+45$67%)(%%%89:$;%-<=-/=&&%%%>"?$%@%3A%&<%>"?$B2%C'%.D m. -32' 98(TUE) 17:59 US ATTOr''"Y' S ED.H TEL:718 2' 6320 p 006 in had kllograms of heroir- at a hot direction of DEA agents, confidential informant to informant arrived at the present and provided a sampl arrested by DEA agents, who .. .. indicted on guilty, and was sentenced Seybert. ely one and one-half in New Jersey. Acting under the ani arranged for another up the heroin. t in NeW Jersey, was the heroin. was then over a kilogram of heroin. distribution charges, pleaded is"?$%@%3A%&<%>"?$B2%C'%.( RLC/BGK UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - -X UNITED STATES OF AMERICA - against - APPLICATION TO UNSEAL AND RELEASE 97-CR-214 (CBA) DAOOD GILANI, Defendant. - - - - - - - - - - - - - - - - -X Brendan G. King, an Assistant United States Attorney for the Eastern District of New York, hereby applies to the Court for Orders: unsealing the government's sentencing letter filed pursuant to Section 5Kl.l of the United States Sentencing Guidelines ("5Kl.1 Sentencing Letter") in the above-referenced matter, subject to the government's proposed redactions set forth in Attachment "A"; unsealing and permitting the release to the United States Attorneys Offices for the Eastern District of New York (the "EDNY") and to the Northern District of Illinois (the "NDIL") of an undated letter, from Drug Enforcement Administration Special Agent Jiminez to Chris J. Stanton, Chief Probation Officer for the Southern District of New York (the "DEA Letter") and the related Court Order dated January 27, 2011; and permitting the release of the defendant's 1988 Presentencing Investigation Report ("PSR") from the Eastern District of Pennsylvania (the "EDPA") contained in the Probation Department's files to the EDNY and NDIL. We make these requests for the !"#$%&'()*+,*--.&/*!01%%%23+45$67%)(%%%89:$;%-<=-/=&&%%%>"?$%)%3@%&<%>"?$A2%B'%<- limited purpose of reviewing these documents the criminal matter in the Northern District of Illinois, and handling the documents consistent with the government's obligations enumerated in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 u.s. 150 (1972). In support of this application I state the following: 1. I am an Assistant United States Attorney in the Office of Loretta E. Lynch, United States Attorney for the Eastern District of New York and am familiar with the facts in this case. Background 2. The defendant was arrested on February 6, 1997 for conspiracy to import heroin from Pakistan to the United States. On May 6, 1997, the defendant pleaded guilty, pursuant to a cooperation agreement, to conspiracy to import and distribute heroin, in violation of Title 21, United States Code, Sections 846 and 963. On September 25, 1998, pursuant to the government's 5K1.1 Sentencing Letter, dated September 22, 1998, the Court sentenced the defendant to 15 months' imprisonment to be followed by a term of 5 years of supervised release. 3. On November 16, 2001, this Court granted a joint motion by the defendant and the government (including the Department of Probation) for early termination of the defendant's 5 year term of Supervised Release, pursuant to Title 18, United States Code, Section 3583 (e) (1). !"#$%&'()*+,*--.&/*!01%%%23+45$67%)(%%%89:$;%-<=-/=&&%%%>"?$%@%3A%&<%>"?$B2%C'%<& 4. On October 3, 2009, the defendant was arrested by the Federal Bureau of Investigation for conspiracy to murder and maim in a foreign country and providing material support to terrorists. 1 This investigation was conducted by the NDIL. On December 7, 2009, an Information was filed in the United States District Court, Northern District of Illinois, charging him with conspiracy to bomb places of public use in India, conspiracy to commit murder and maiming in India, murder, material support of a terrorist act in India, conspiracy to commit murder and maiming in Denmark, material support of a terrorist act in Denmark and material support of a designated foreign terrorist organization. See United States v. David Coleman Headley, also known as "Daood Gilani", Criminal Docket No. 09-CR-930. On January 14, 2010, a Superseding Indictment was filed, adding additional defendants. On March 18, 2010, the defendant pleaded guilty and subsequently agreed to cooperate with the government. A trial of a remaining defendant, Tahawwur Rana ("Rana"), is scheduled to commence on May 16, 2011. Redacted 5K1.1 Sentencing Letter 5. The government is obligated to disclose as potential Brady/Giglio information, any benefit that a government witness has received from the government. This includes, among The defendant changed his name from "Daood Saleem Gilani" to "David Coleman Headley" in or about 2006. 1 !"#$%&'()*+,*--.&/*!01%%%23+45$67%)(%%%89:$;%-<=-/=&&%%%>"?$%(%3@%&<%>"?$A2%B'%<. other things, a cooperation agreement and 5Kl.l sentencing letter. 6. As discussed above, on September 22, 1998, the government filed with this Court a 5Kl.l Sentencing Letter to advise the Court of the substantial assistance that was provided by the defendant in that criminal matter. under seal by the Court. This letter was placed In a trial commencing May 16, 2011, the As a defendant is scheduled to testify as a government witness. result, the government will disclose to the trial defendant, Rana, the defendant's 5Kl.l Sentencing Letter, a redacted copy of which is attached hereto as Attachment "A". The government notes that the proposed redactions relate to the names of the defendant's co-conspirators and the former Assistant United States Attorneys that prosecuted the defendant and his coconspirators in that criminal matter. The government seeks these redactions for the limited purpose of protecting those parties' identities. The government believes that these proposed redactions will achieve that goal, while not diminishing the government's Brady and Giglio obligations. Therefore, the government respectfully requests an order from the Court unsealing a redacted version of the government's 5Kl.l Sentencing Letter. DEA Letter 7. On November 16, 2001, a hearing was held before this Court, at which time a joint motion was made for the early ------ ----- !"#$%&'()*+,*--.&/*!01%%%23+45$67%)(%%%89:$;%-<=-/=&&%%%>"?$%&-%3@%&<%>"?$A2%B'%<< termination of the defendant's term of Supervised Release, pursuant to Title 18, United States Code, Section 3583 (e) (1) support of the motion, counsel for the defendant provided the Court with a document that appeared to highlight the proactive efforts at cooperation that the defendant had engaged in while on Supervised Release. (See Dkt. #73 at 3, Transcript of Criminal We believe that the In Cause For Conference, November 16, 2001) DEA Letter is attached to the Court's Order dated January 27, 2011. In light of the government's Brady and Giglio obligations, the government seeks access to the DEA Letter and the related Court Order dated January 27, 2011, so that the government may inspect that letter and make all appropriate disclosure determinations. 1988 EDPA Presentencinq Investigation Report 8. In the trial scheduled to commence on May 16, 2011, Rana has moved the court in the Northern District of Illinois for an in camera inspection of two PSRs related to the defendant arising from his two prior convictions, his convictions in United States v. Gilani, in particular, (E.D.N.Y.) 97 CR 214 (hereafter, the "EDNY PSR") and United States v. Gilani, 88 CR 286 (E.D. Pa.) (hereafter, the "EDPA PSR"). It was argued that the PSRs from these two cases may contain impeachment materials which the government is obligated to disclose to the defense pursuant to its Brady and Giglio obligations. The government had no objection to an in camera inspection of the PSRs by the court. !"#$%&'()*+,*--.&/*!01%%%23+45$67%)(%%%89:$;%-<=-/=&&%%%>"?$%&&%3@%&<%>"?$A2%B'%"?$%&.%3@%&<%>"?$A2%B'%"?$%&<%3@%&<%>"?$A2%B'%