DOC 1 Filed 04/12/17 PgTelephone: (313) 226-9180 AUSA: Sara D. WoodWard Telephone: (313) 965-2323 Special Agent: Kevin J. Swanson UNITED STATES DISTRICT COURT . A0 91 (Rev. 11/11) Criminal Complaint . . for the Eastern District of Michigan United States ofAmerica . . a? i V. JUMANA NAGARWALA - Case. 2: 17-mj- 30182 1? . . - Judge: Unassigned . 2" Filed: 04-12-2017At 10: 39 AM i 3 IN RE. SEALED CRIMINAL COMPLAINT I, the complainant 1n this case, state that the following IS true to the best of my knowledge and belief. On or about the date(s) of 2005 to 2017 in the county of Wayne and Oakland in the District of Michigan the defendant(s) violated: i I O??ense Description Female Genital Mutiliation Transportation with intent to engage in criminal sexual activity, and conspiracy 'Making a false statement to a federal of?cer Eastern Code Section 18 U. S. C, Section 116 18 U. S. Section 2423(a), 18 U. Section 1001 This criminal complaint is based on these facts: - See attached af?davit. Continued on the attached sheet. I Complainant? 5 Signature Special Agent Kevin J. SWanson FBI Printed name and title Sworn to before me and signed in my presence. . . - 4?3 Date: April 12, 2017 Judge?s signature. City and state: Detroit, Michigan U.S. Magistrate Anthony P. Patti Printed name and title Doc 1 Filed 04/12/AFFIDAVIT IN SUPPORT OF COMILAINT The undersigned, Kevin J. Swanson, hereinafter referred to as the Af?ant, being?rst duly cautionedand sworn, hereby deposes and states the following: I . Af?ant?s Background and Quali?cations 1. A I am a Special Agent with the Federal Bureau of Investigation assigned to the Detroit ?eld office since July 2010. 2. As part of my duties, I investigate crimes related to healthcare fraud, prescription drug diversion, public iicOrruption, and international human rights violations. I have received specialized training on the subjects of health care fraud, money laundering, telephone analysis, and white collar crime; from the FBI. I have also met with domestic and foreign law enforcement agents and of?cersin order to I investigate international corruption and human rights violations. I am also working with, and consulting with Special Agent LisaKeith of Homeland Security Investigations (HSI), who has extensive training and experience in the investigation of child exploitation crimes. 3. This af?davit is made in support of a criminal complaint and arrestwarrant for JUMANA NAGARWALA for violating 18 U.S.C. 116 (female genital mutilation), l8 U.S.C. (transportation with intent to engage in criminal sexual activity, and conspiracy), and 18 U.S.C. 1001 (making a false statement to a federal agent). Dec 1 Filed 04/12/This affidavit is submittedfor the limited purpose of securing-a criminal complaint and arrest warrant; therefore, this af?davit does net contain every fact that I have learned during the course of the 1nvest1gat10n I have only set forth the - facts necessary to establiSh probable cause to believe that NAGARWALA violated the statutes identi?ed above. The information contained in this af?davit isbased? upon my personal knowledge, training and experience, as well as the combined training and experience of other law enforcement of?Cers and agents With whom I have had discussions. I I 5.. 8 Title 18, United States Code, SectiOn 116 prohibits ?knoWingly circumcis[ing], eXcis[ing], or in?bulat[ing] the Whole or any part of the labia maj ora or labia minora or clitoris of another person who has not attained the age of 18 years.? I . States Code, Section 2423(a) makes it a crime to knowingly transport a minor-in interstate or. foreign. commerce with the intent "that the child . engage in ?any SeXual activity for which any person can be charged With a criminal . offense.? SectiOn 2423(e) States that ?Whoever. .COnspires to Violate subsection . . shall be punishable in the same manner as a completed violation of that subsection.? ?Federal law de?nes? ?sexual act? as touching of the genitalia with the . intent to abuse, humiliate, harass, or degrade. 18 U. S. C. 2246. remoVal of clitoral skin from seVen-year-old minor females 1s a sexual activity that Doc 1 Filed 04/12/violates both federal and state law.1 . I Female Genital. Mutilation-i 7. 3 According to the World Health Organization (WHO), FGM is an I: internationally recognized violatiOn of human rights of girls and women. FGM is - classified into four major types, which vary based on severity of the procedure. The following information regarding the types of FGM is published by the WHO: a. Type 1: Often referred to as clitoridectomy, this 1s the partial or total . removal of the clitoris (a small, sensitive and erectile part of the female genitals), and in very rare cases, only the-prepuc-e (the fold of skin surroundingithe. Clitoris); b. Type 2: Often referred to as excision, this. is the partial or total removal of the clitoris and the labiaminora (the inner folds of the vulva), with or'without excision of the labia maj ora (the outer folds of skin of the vulva); c. Type 3. Often referred to as in?bulation, this is the narrowing of the vaginal opening throughthe creation of a covering. seal. The seal is formed by cutting and repositioning the labia minora, or labia maj ora, I sometimes through stitching, with or without removal of the clitoris- 1One purpOse of FGM 1S to curb the sexuality of girls and Women by making sex pain?il. As a result, there 13 probable cause to believe that the intent is to abuse, humiliate, harass, or degrade. Therefore, FGM quali?es as a ?sexual act? for which any person can be charged with a criminal offense. 3 Doc#1 Filed 04/12/17 P9150111 Pg (clitoridectorny); and Type 4: This includes all other harm?? procedures to the female genitaliafor non-medical purposes, e.g.v pricking, piercing, incising, scraping and cauteriZing the genital area. I 8. Based on your Affiant?s experience in this investigation, some members of a particular religious and cultural community (hereafter ?the Community?) are known to practice FGM on young girls in the Community as part of their religious and cultural practice. Based on your Af?ant?s experience in this investigation, when GM is performed in the Community, varying amounts of a girl?s clitoris or clitoral hood, or prepuce, are removed by the person who?is performing the cutting. . According to. some members of the Community'- who have spoken out against the practice, the purpose of this cutting is to suppress femalesexuality in an attempt to reduce sexual pleasure and promiscuity. 9. . An increasing number of females in the Community worldwide have begun to speak publicly about FGM and the effects it has had on them and their families. Many describe pain during the procedure and a variety of effects on their physical and mental health later in life. I A Probable Cause I 10. FBI and HSI received information that NAGARWALA was performing FGM 1n the Eastern District of Michigan. The information indicated that Dec 1 Filed 04/12/NAGARWALA performed FGM on girls, who wereiabout 7 years old at the time, at a medical clinic in Livonia, Michigan (?Medical Clinicz?). - I I ?1 1. Your Af?ant and other agents determined that NAGARWALA is employed as an emergency room physician at ahoSpital in Detroit. NAGARWALA does not . work at the Medical Clinic and there is no record-of her. billing for medical procedures there. NAGARWALA is a member of the Community. 12. In February 2017, your Af?ant and other agents served an 18 U.S.C. 2703(d)_ court order on Sprint requesting call detail records for phone. On February 27, 2017, Sprint PCS provided the requested records to the FBI. Review of telephone calls identi?ed a series of phone communications between phone and- a Minnesota telephone number. Your Af?ant and other agents determined," through database and social. media-checks, that the Minnesota number was associated with I a Minnesota family that had a daughter who had just turned 7 years old (Minnesota Victim One, or The Minnesota-familywas part of the Community in 1 i . 13. On March 3, 2017, your Af?ant and other agents requested call detail records for the Minnesota telephone number (MN number). Review of these records revealed that on February 2017, the phone assigned tothe MN number - 2 The name and address of the Medical Clinic is known to your Af?ant. - 5 Doc 1 Filed 04/12/traveled from Minnesota to Michigan. On-the evening of February 3, 2017, the MN number contacted a tower in armington Hills, Michigan, near multiple hotels. On February4, 2017, the phOne returned toMinnesota.- 14. YOur Affrant and other agents, requested records from hotels in Farmington Hills, and determined that MN-V- 1, Minnesota Victim Two (MN-V-2) and their parents stayed at a hotel in Farmington Hills (Hotel 1) on the evening fof February 3, 2017. Records Show that a parent of rented two hotel rooms at?Hotel 1 on February 3-, 2017. Surveillance video obtained from Hotel 1 shows two/adult women and two minor girls Checking into Hotel 1. Your Af?ant-believes those . people were MN -V-2, and their mothers. . 15. On April .10, 2017, Was interviewed by a child forensic interviewer, employed by the FBI. is seven years old. stated that shewas . Detroit, Michigan, with fer a ?special?- girls? trip. After they arrived at the hOtel, advised that she and had to go to the doctor because ?our tummies hurt.? While at the doctor?s of?ce, a procedure ?to get the germs out? of her was performed. identi?ed an unmarked photograph of . and said that she was the person who performed the procedure. MN -V?l said she took Off her pants and underwear and laid on an; eXam?ining. table .with her knees near her chest and her legs spread apart. lg said that NAGARWALA ?pinched? her on the She goes pee,? and that she 6 Do'c#1 Filed 04/12/17 P_g.8 of1_1 Pg .was given apad .to wear in her underwear. said that she was told not to . talk about the procedure-.- 16., . On April 11, 2017, a medical doctor in Minnesota performed a complete medical examination of pursuant to a search Warrant. Your Af?ant has spoken With the medical doctors who performed the exam, and the doctor?s preliminary ?ndings are that ?s genitals are not normal in appearance. labia minora has been altered. or removed, and her clitoral hood is also abnormal in appearance. Finally, the doctor observed sOme scar tissue and small healing lacerations. I I I 17. On?April 10, 2017, was interviewed by a child forensic interviewer employed by the FBI. is also7 years old. said that she came} to I Detroit with MN and that She went to a doctor?s of?ce. She identified a? photograph "of the doctor who she saw in Detroit. said -- that?in the examination room,- NAGARWALA tOOk off her pants and underwear and put her on. the table. She. said that she ?got a shot,? and that it hurt really badly I and she screamed.? MN said the ?shot? was, on her upper right thigh. drew a picture of the room, and she drew? an to indicate blood on the It examining table. said her parents told her that-the procedure is: a secret and that she is not supposed to talk about it. MN said that after the procedure, she Could barely walk, and that she felt pain all the way doWn to her ankle. MN A DOC 1 Filed said NAGARWALA told her that .she was ?ne. MN said that she left one of iherjwinter gloves in the medical of?ceApril 10, 2017, _a search warrant was executed 'at the Medical Clinic. During the. search, agents found a child?s winter ,gloveiin the MediCalClinic. The glove. had ?rst name written on? it. .. . A 19.. On April 11,2017, a medical d0ctor in'Minnesota performed a complete I - medical examination of MN -V-2 pursuant to a search warrant. Your Af?ant has Spoken with the medical doctor who performed the exam, and the doctor?s? . preliminary ?ndingsare that clitoral hoOd-has a small incision, and there is a small tearitoher labia minoral I I 20. On April 10, 2017, local MinnesOta Child ProtectiveServices personnel and} I a federal agent intervieWed the parents of The parents cf I con?rmed that they tookiMNi?V-Z to Detroit to see NAGARWALA for a . f?cleansing? of extra skinThis investigation has identi?ed other children-who may have been I victimized by NAGARWALA between and 2005 and 2007, including children in A Michigan. On April ?110, .2017, local Child Protective Services. personnel and Child?- 0" forensic intervievVers employed by the FBI and HSI interviewed several minor girls i in Michigan about FGM. In these interviews, multiple minor girls informed Child I PrOteCtive Services and forensic interviewers that procedures had been performed 8 Doc 1 Filed 04/12/their genitals by NAGARWALA3 22. Parents of some of the Michigan childreniinterviewed on April 10, 2017 were alSo interviewed bylaw enforcement on April 10, 2017, Two parents stated that NAGARWALA had performed procedures on their daughter?s genitals, while 3 others denied know1edge of the procedure or said that it did not happen. 23.. 3 On April 10, 2017, NAGARWALA Voluntarily agreed to be interviewed by - special agent and Michigan child protective services personnel. During the .- interview, NAGARWALA was told that the HST agent was a federal officer, and that making false statements to a federal of?cer was a criminal offense. NAGARWALA then stated: I a. That she is aWare that FGM is illegal in the United States; b. That she had no knowledge of FGM being performed by anyone in her community; 0. That she had never performed FGM on any minor children; (1. That she was not involved inany GM procedures; 3 COLusion 24. Based on the aforementioned factual information, there is probable cause to - believe that violated 18 U.S.C. 116 (female. genital 3 Some of the minor children who were interViewed made no statements about GM procedures or NAGARWALA. Doc 1 Filed 04/12/mutilation); 18 U.S.C. 2423 (transportation with intent to engage in criminal sexual activity, and conspiracy), and_18_U.S.C. 1001 (making a false statement to a federal agent); a . Kevin Swanson Sp-eCial Agent . Federal Bureau of Investigation Sworn to and subscribed before me this Wk dav of April, 2017 Honorable Anthony P. Patti United States Magistrate Judge ?lO