Case Document 3 Filed 12/04/14 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA - V. - SEALED INDICTMENT CRISTIAN VINTILA, MASSIMO ROMAGNOLI, and 14 Cr. VIRGIL FLAVIU GEORGESCU, ;8 . 5 ii! -A .A. "gee Defendants. .. .. .- .. .. BACKGROUND THE FARC 1. From in or about 1964 until on or about the date of the filing of this Indictment, the Fuerzas Armadas Revolucionarias de Colombia (the has been and is an international terrorist group dedicated to the violent overthrow of the democratically elected Government of Colombia. Since its inception, while continuing to engage in bombings, massacres, kidnappings, and other acts of violence within Colombia, the FARC also evolved into the world?s largest supplier of cocaine. The FARC was designated.as a foreign terrorist organization in October 1997 by the United States Secretary of State and remains so designated as of the date of the filing of this Indictment. The European'Union also has designated the PARC as a terrorist organization. l, I ?w ALIJUDGE AB hm? DQL lw, 'i ll twig. 1711.1; Case Document 3 Filed 12/04/14 Page 2 of 13 2. During at least the ten years prior to the date of filing of this Indictment, the FAR?fhas directed violent acts against United States persons and property interests in foreign jurisdictions, including, but not limited to, Colombia. In order to protect its financial interests in the cocaine trade, the FARC leadership ordered its members to take counter measures against the Government of Colombia's cocaine fumigation campaign, including, among other actions: attempting to shoot down fumigation aircraft; forcing members and supporters tijublicly rally against fumigation; and attacking Colombian infrastructure. Having recognized that the United States contributed significantly to Colombian fumigation efforts, the FARC leadership ordered FARO members to kidnap and murder United.States citizens and.to.attack:United.States interests in.order tcidissuade the United States frcm1continuing its efforts to fumigate and disrupt the FARC's cocaine and cocaine paste manufacturing and distribution activities. 3. The FARC's violent acts directed against the United States and United States interests have included: (1) the murder of United States nationals; (2) the kidnapping of United States nationals; and (3) the bombing of a restaurant in Bogota, Colombia, frequented by United States nationals. THE DEFENDANTS 4. At all times relevant to this Indictment, CRISTIAN 2 Case Document 3 Filed 12/04/14 Page 3 of 13 VINTILA, the defendant, was a weapons trafficker based in Romania; MASSIMO ROMAGNOLI, the defendant, was a weapons trafficker based in Greece, who had the ability to procure fraudulent end-user certificates fortnilitary-grade weaponry; and VIRGIL.FLAVIU GEORGESCU, the defendant, was a weapons broker based in Romania. 5. VIRGIL FLAVIU GEORGESCU, the defendant, introduced CRISTIAN VINTILA and MASSIMO ROMAGNOLI, the defendants, to individuals who identified themselves as representatives and/or associates of the FARC, but who were, in fact, confidential sources and, collectively, the working for the'United.States Drug Enforcement.Administration and.acting at the direction of DEA agents. During a series of telephone calls and meetings with the CSs, VINTILA, ROMAGNOLI, and GEORGESCU agreed to provide weapons including machine guns and anti?aircraft cannons to the CSs with the understanding that the weapons would be used against American forces assisting the Government of Colombia. ROMAGNOLI additionally agreed to provide fraudulent EUCs, documentation designed to make the illegal sale of weapons look legitimate. Case Document 3 Filed 12/04/14 Page 4 of 13 COUNT ONE CONSPIRACY TO KILL OFFICERS AND EMPLOYEES OF THE UNITED STATES The Grand Jury charges: 6 . From at least in or about May 2014 up to and including in or about October 2014, in an offense begun and committed outside of the jurisdiction.of any'particular State or district of the United States, CRISTIAN VINTILA, MASSIMO ROMAGNOLI, and VIRGIL FLAVIU GEORGESCU, the defendants, at least one of whon1will be first brought to and arrested in the Southern District of New York, and others known and unknown, willfully and knowingly combined, conspired, with.each.other'to kill officers and.employees of the United States, while such1officers and employees were engaged in.and.on.account of the performance of official duties, and any person assisting such officers and employees in the performance of such duties and on account of that assistance, in violation of Title 18, United States Code, Section 1114. 7. It was a part and an object of the conSpiracy that CRISTIAN VINTILA, MASSIMO ROMAGNOLI, and VIRGIL FLAVIU GEORGESCU, the defendants, and others known and unknown, agreed.to provide the FARC with weapons to be used, among other things, to kill officers and employees of the United States, and persons assisting such officers and employees in the performance of official duties, in Colombia. Case Document 3 Filed 12/04/14 Page 5 of 13 Overt Acts 8. In furtherance of the conspiracy and to effect the illegal object thereof, CRISTIAN VINTILA, MASSIMO ROMAGNOLI, and VIRGIL FLAVIU GEORGESCU, the defendants, committed the following overt acts, among others: a. Between May and August 2014, GEORGESCU participated.inrmiltiple recorded.telephone conversations with During these Conversations, after being told that was a FARC representative, GEORGESCU told among other things, that should not talk openly on the telephone about his affiliation with the (2) GEORGESCU had received a list of weapons requested by (the ?Weapons List"); and.(3) contacts?would be able to procure those weapons for b. On or about September 23, 2014, in Bucharest, Romania, GEORGESCU met with During this meeting, which was audio? and video~recorded, explained that his associates wanted.tijurchase'weapons in order to kill.Americans and, in particular, shoot down American helicopters and airplanes. c. On or about September 24, 2014, in Bucharest, Romania, GEORGESCU and VINTILA met with and CS-2. During the meeting, which was audio?recorded, the following additional overt acts occurred: Case Document 3 Filed 12/04/14 Page 6 of 13 i. After being told that and represented the FARC, needed weapons to combat Americans in Colombia, and sought to kill Americans, VINTILA told and that he (VINTILA) had sent the Weapons List to contacts in order to confirm a supplier for the items on the list. ii. VINTILA gave and CS-2 a catalogue of weapons (the ?Vintila Catalogue"). VINTILA indicated that he (VINTILA) could provide any of the items in the Vintila Catalogue to 08-1 and including pistols machine guns and other high?powered weaponry. After being told that and represented the FARC, needed weapons to combat Americans in Colombia, and sought to kill Americans, GEORGESCU agreed to contact once GEORGESCU and VINTILA had located EUCs for the weapons. d. On or about October 8, 2014, in Tivat, Montenegro, VINTILA, ROMAGNOLI, and GEORGESCU met with and CS-3. During this meeting, which was audio- and video?recorded, the following additional overt acts occurred: i. ROMAGNOLI explained that he would be providing EUCs for the weapons, and showed an image of a sample EUC on laptop computer. ii. After hearing that the CSs wanted weapons to shoot down American helicopters, GEORGESCU stated that the weapons 6 Case Document 3 Filed 12/04/14 Page 7 of 13 would be delivered in a particular country in Africa, and that the CSS?would.be responsible for transporting the weapons on.torColombia. After hearing that the CSs wanted weapons to shoot down American helicopters, ROMAGNOLI showed the CSs a catalogue of weapons (the ?Romagnoli Catalogue?), which included pictures and quantities of different weapons systems, including automatic weapons and shoulder?fired rocket launchers. ROMAGNOLI told the CSs that he had produced the Romagnoli Catalogue for a different customer, and that it was just one example of what he (ROMAGNOLI) could provide. iv. After hearing that the C83 needed to receive approval from.their FARC superiors in order to complete the purchase, VINTILA stated that the CSs should.make a down payment and test fire weapons before completing the transaction. v. After hearing that the CSs worked for the FARC and wanted weapons to shoot down American helicopters, ROMAGNOLI discussed.the logistics of receiving payment for the weapons from the CSS . (Title 18, United States Code, Sections 1117 and 3238.) Case 1:14-cr-00799-RA Document 3 Filed 12/04/14 Page 8 of 13 gum?TWO CONSPIRACY TO PROVIDE MATERIAL SUPPORT OR RESOURCES TO A FOREIGN TERRORIST ORGANIZATION The Grand Jury further charges: 9. The allegations set forth in Paragraphs One through Five and Eight above are incorporated by reference as if set forth fully herein. 10 . From at least in or about May 2014 up to and including in or about October 2014, in an offense begun and committed outside of the jurisdiction.of any particular State or district of the United States, CRISTIAN VINTILA, MASSIMO ROMAGNOLI, and VIRGIL FLAVIU GEORGESCU, the defendants, at least one of whomwwill be first brought to and arrested in the Southern District of New York, and others known and unknown, knowingly did combine, conspire, confederate and agree together and with each other to provide ?material support or resources," as that term is defined in Title 18, United States Code, Section 2339A(b) to a foreign terrorist organization, to wit, the PARC, which was designated by the United States Secretary of State as a foreign terrorist organization in October 1997, pursuant to Section 219 of the Immigration.and.Nationality Act, was redesignated as such on October 2, 2003, and October 11, 2005, and is currently designated as such, as of the date of this Indictment?s filing. Case Document 3 Filed 12/04/14 Page part and an object of the conspiracy that CRISTIAN VINTILA, MASSIMO ROMAGNOLI and VIRGIL FLAVIU GEORGESCU, the defendants, and others known and unknown, would and did provide the FARO with ?material support or resources," as that term is defined in Title 18, United States Code, Section 2339A(b)(1), to include tangible and intangible property, services, financial services, expert advice and assistance, false documentation, and weapons, among other things, knowing that the FARO had engaged and was engaging in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act), and that the PARC had engaged and was engaging in terrorism (as defined in section l40(d)(2) of the Act, Fiscal Years 1988 and 1989), in violation of Title 18, United States Code, Section 2339B(a)(1). Overt Acts 12. In furtherance of the conspiracy and to effect the illegal object thereof, CRISTIAN VINTILA, MASSIMO ROMAGNOLI, and VIRGIL FLAVIU GEORGESCU, the defendants and others known and unknown, committed the overt acts set forth in Paragraph Eight of this Indictment, which are fully incorporated by reference herein. (Title 18, United States Code, Sections 2339B(a) (1), (C), (D) (E) and 3238)- Case Document 3 Filed 12/04/14 Page 10 of 13 FORFEITURE ALLEGATIONS 13. The allegations contained in Counts One and Two of this Indictment are hereby realleged and incorporated by reference for the purpose of alleging forfeitures pursuant to Title 18, United States Code, and'Title Code, Section 2461(c). 14. The violations of Title 18, United States Code, Sections 1117 and 2339B alleged in Counts One and Two of this Indictment are Federal crimes of terrorism, as defined in 18 U.S.C. 2332b(g)(5), against the United States, citizens and residents of the United States, and their property. 15. CRISTIAN VINTILA, MASSIMO ROMAGNOLI, and VIRGIL FLAVIU GEORGESCU, the defendants, were individuals engaged in planning and perpetrating a Federal crime of terrorism against the United States, citizens and residents of the United States, and their property. 16. Upon conviction.of any of the offenses in violation of Title 18, United States Code, Sections 1117 and 23393 alleged in.Counts One and.Two of this Indictment, MASSIMO ROMAGNOLI, and VIRGIL FLAVIU GEORGESCU, the defendants, shall forfeit to the United States, pursuant to Title 18, United States Code, Section and Title 28, United States Code, 10 Case Document 3 Filed 12/04/14 Page 11 of 13 Section 2461(0), all right, title, and interest in all assets, foreign and domestic. 17. Upon conviction of any of the offenses in violation of Title 18, United States Code, Sections ill? and 2339B alleged in.Counts One and.Two of this Indictment, MASSIMO ROMAGNOLI, and VIRGIL FLAVIU GEORGESCU, the defendants, shall pay to the United States, pursuant to pursuant to Fed. R. Crimmoney judgment equal to the value of the assets subject to forfeiture under Paragraphs 13 through 16 above. (G) and (Title 18, United States Code, Section 981(a)(1) Title 28, United States Code, Section 2461 Substitute Asset Provision 18. If any of the property described above as being subject to forfeiture, as a result of any act or omission of the defendants: a. cannot be located upon the exercise of due diligence; b. has been transferred or sold to, or deposited with, a third party; 0. has been placed beyond the jurisdiction of the court; d. has been substantially diminished in value; or 11 Case Document 3 Filed 12/04/14 Page 12 of 13 e. has been commingled with other property which cannot be divided without difficulty; it is the intent of the United States, pursuant to 21 U.S.C. 853 to seek forfeiture of any other property of the defendants up to the value of the above forfeitable property. (Title 18, United States Code, Sections 982, 1956, and 2; Title 21, United States Code, Section @cawo PREET BHARARA United States Attorney 12 I g/a/ Case Document 3 Filed 12/04/14 Page 13 of 13 Form NO. USA-3BS-274 (Ed. 9-25-58) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA .- v. CRISTIAN VINTILA: MASSIMO ROMAGNOLI, and VIRGIL FLAVIU Defendants. SEALED INDICTMENT 14 Cr. (18 U.S.C. 1117, 2339B, and 3238) PREET BHARARA United States Attorney. A TRUE BILL erw?PW 7 {4