DOC 1 Filed 04/20/AUSA: Sara D. Woodward Telephone: (313) 226-9180 A0 91 (Rev. 11/11) Criminal Complaint Special Agent: Lisa Keith Telephone: (313) 226-0500 UNITED STATES DISTRICT COURT for the Eastern District of Michigan United States of America V. 13-] FAKHRUDDIN ATTAR, Case: FARIDA ATTAR, Assigned To UnaSSIgned Assign. Date 4/20/2017 TTER Description: RE: SEALED MA Defendants. (E08) 1 CRIMINAL COMPLAINT I, the complainant in 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 Eastern District of Michigan . the defendant(s) violated: 1 Code Section Offense Description 18 U.S.C. Sections 116, 371 Conspiracy to Commit Female Genital Mutiliation 18 U.S.C. Sections 116, 2 Aiding and Abetting Female Genital Mutilation This criminal complaint is based on these facts: See attached af?davit. I2 Continued on the attached sheet. mm Cokplainant? signature Special Ag\ent Lisa Keith HSI .. Printed name and t1 Sworn to before me and signed in my presence. j\ Date: April 20, 2017 Judge? signature City and state: Detroit, Michigan US. Magistrate David Grand Printed name and title DOC 1 Filed 04/20/AFFIDAVIT IN SUPPORT OF COMPLAINT The undersigned, Lisa Keith, hereinafter referred to as the Affiant, being i ?rst duly cautioned and sworn, hereby deposes and states the following: Af?ant?s Background and Quali?catiOns 1. I am a Special Agent with the Department of Homeland Security (DHS), Homeland Security Investigations (HSI), in Detroit, Michigan. I have been employed as a Special Agent since August 2007. I was previously assigned to the Michigan Internet Crimes Against Children task force The Michigan ICAC is a cooperative effort of members of the Michigan State Police, local Michigan Police Departments and the Federal Government, whose purpose-is to enforce criminal statutes involving the sexual exploitation of children. I have I received training from the US. Department of Justice in child exploitation investigations and online undercover investigations. 1 have conducted nearly 100 investigations relating to child exploitation and have assisted HSI Detroit Cybercrimes Group in numerous others. 2. This affidavit is made in support of a criminal complaint and arrest warrant for violations of Conspiracy to Commit Female Genital Mutilation, in violation of Title 18 U.S.C. 371 and 116 (female genital mutilation), and Aiding and Abetting Female Genital Mutilation, in violation of Title 18 U.S.C. 116 and 2 by FAKHRUDDIN ATTAR (ATTAR) and FARIDA ATTAR 1 DOC 1? Filed 04/20/This af?davit is submitted for the limited purpose of securing a criminal complaint and arrest warrants; therefore, this af?davit does not contain; every fact that I have learned during the course of the investigation. I have only set forth the facts necessary to establish probable cause to believe that FAKHRUDDIN ATTAR and ARIDA ATTAR violated the statutes identi?ed above. The information contained in this af?davit is based 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. 4. 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 majora or labia minora or clitoris of another person who has not attained the age of 18 years.? I Female Genital Mutilation 5. According to the World Health Organization (WHO), FGM is an internationally recognized violation of human rights of girls and women. FGM is classi?ed 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 is 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 prepuce (the fold of 2 DOC 1 Filed 04/20/skin surrounding the clitoris); b. Type 2: Often referred to as excision, this is the partial or total . removal of the clitoris and. the labia minora (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 infibulation, this is the narrowing of the vaginal opening through the creation of a covering seal. The seal is formed by cutting and repositioning the labia rninora, or labia maj ora, sometimes through stitching, with or without removal of the clitoris (clitoridectomy); and d. Type 4: This includes all other harmful procedures to the female genitalia for non-medical purposes, e. g. pricking, piercing, incising, scraping and cauterizing the genital area. 6. Based on your Af?ant?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 Communityas part of their religious and cultural practice. Based on your Affiant?s experience in this investigation, when FGM 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 3. DOC 1 Filed 04/20/practice, the purpose of this cutting is to suppress female sexualityin an attempt to reduce sexual pleasure and promiscuity. I 7. An increasing number of females. in the Community worldwide have begun to speak out publicly against 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. Probable Cause 8. FBI and HSI received information that IUMANA NAGARWALA was performing GM in the Eastern District of Michigan at Burhani Medical Clinic (BMC), in Livonia, Michigan. 9. FAKHRUDDIN ATTAR (ATT AR), FARIDA ATTAR (FARIDA), JUMANA NAGARWALA, and?others known and unknown, comprise the members of the conspiracy to commit FGM and are members of the Community. 10. The investigation revealed that BMC is a'clinic owned and operated by ATTAR, a medical doctor. FARIDA, wife, is employed at BMC as an of?ce manager. As detailed further below, ATTAR and FARIDA arrange and assist in the female genital mutilation of minor females, which is performed by NAGARWALA. Additionally, ATTAR and FARIDA allow clinic, BMC, to be used by NAGARWALA to perform the procedures, and FARIDA assists NAGARWALA during the procedures. 4 . 1 Filed 04/20/11. Your Af?ant and other agents determined that NAGARWALA is employed as an emergency room physician at a hospital in Detroit. NAGARWALA does not work at BMC and there is no record of her billing for medical procedures there.- I 12. In February 2017, your Af?ant and other agents served an 18 U.S.C. 2703(d) court order on Sprint PCS requesting call detail records-for phone. On February 27, 2017, Sprint PCS provided the requested records to the FBI. In February 2017, your Af?ant and other agents served arr 18 U.S.C. 2703(d) court order on T-Mobile requesting call detail records for phone. On March 8, 2017, T-Mobile provided the requested . records to the FBI. . 13. 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 a Minnesota family that had a daughter who had just turned 7 years old (Minnesota Victim One, or TheMinnesota family was part of the Community in Minnesota. 14. On March 3, 2017, your Af?ant and other agents requested call detail records forthe Minnesota telephone number (MN number). Review of these records revealed that on February 3, 2017 the phone assigned to the MN number traveled from Minnesota to Michigan. On the evening of February 3, 2017, the MN 5 DOC 1 Filed 04/20/number contacted a tower in Farmington Hills, Michigan, near multiple hotels. On February 4, 2017, the phone returned to Minnesota. 15. Review of telephone calls identi?ed a series of phone communicatiOns between ATTAR and a Minnesota phone number beginning in October 2016. Your Af?ant and other agents determined that this phone number belonged'to a member of the Minnesota Community. According to your Af?ant?s review of the records to date, ATTAR did not have contact with any telephone numbers associated with the Minnesota Community from May 27, 2016 until October 21, 2016. On October 22, 2016, number then began to contact 1 the aforementioned phone number. According to your Af?ant?s review of the records to date, from October 22, 2016 through January 20, 2017, ATTAR had over 50 calls with this phone number from the ?Minnesota Community. 16. Your Af?ant and other agents have reviewed camera surveillance video of clinic, BMC, recorded on Friday, February 3, 2017. The video recording shows the following events on February 3, 2017:, 0 At approximately 6:09 pm, NAGARWALA arrived in the parking lot of AT clinic, BMC. . At approximately 6:12 pm, ATTAR approached NAGARWALA in her vehicle and handed her a white bag. ATTAR and NAGARWALA then entered BMC together. 6 DOC 1 Filed 04/20/approximately 6:22 pm, FARIDA arrived at BMC. FARIDA entered the clinic. 0 At approximately 6:25 a vehicle arrived in the parking lot of BMC, and an adult woman and a minor child went into the clinic. 0 At approximately 6:42 pm, an adult woman and came out of the clinic and returned to the vehicle. An adult woman and a minor child (Minnesota Victim Two, or then entered the clinic. 0 At approximately 7:02 pm, an adult woman and exited the clinic and returned to the vehicle. The vehicle drove away from the parking lot and off camera. 0 At approximately 7 :03 pm, NAGARWALA and ATTAR left BMC. NAGARWALA got into her vehicle and drove out of the parking lot. 17. Your Af?ant and other agents requested records from hotels in Farmington Hills, and determined that MN-V-2 and their parents stayed at a hotel in Farmington Hills (Hotel 1) on the evening of 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 7 girls entering Hotel 1. Your-Af?ant believes those people were MN-V-2, and their mothers. DOC 1 Filed 04/20/April 10, 2017, was interviewed by a child forensic interviewer employed by the FBI. is seven years old. stated that she was brought to Detroit, Michigan, with for a ?special girls? trip.? After they arrived at the hotel, advised that she and had to go to the doCtor because ?our turnmies 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 NAGARWALA, and said that she was the person who performed the procedure. said that two other adult women were present in the examining room during the procedure. She said that the other adults were members of the Community. said she took off her pants and underwear and laid on an examining table with her knees near her chest and her legs spread apart. said that ?pinched? her on the place where she ?goes pee,? and that she was given a pad to wear in her underwear. said that she was told not to talk about the procedure. 19. On April 11, 2017, a medical doctor in Minnesota performed a complete medical examination of pursuant to a search warrant. The doctor?s preliminary findings are that ?s genitals are not normal in appearance. ?s labia minora has been altered orremoved, and her clitoral hood is also abnormal in appearance. Finally, the doctor observed some scar tissue and small healing lacerations. DOC 1 Filed 04/20/April 10, 2017, was interviewed by a child forensic interviewer employed by the FBI. is also 7 years old. MN-V-2 said that she came to Detroit with and that she went to a doctor?s of?ce. She identi?ed a photograph of NAGARWALA as 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 and she screamed. MN -V-2 said the ?shot? was on her upper right thigh. drew a picture of the room, and she drew'an to indicate blood on the examining table. said that two other adult women were present in the examining room during the procedure, and that the two women held her hands during the procedures. identi?ed a photograph of FARIDA as one of the women who held her hands. said her parents told her that the procedure is a secret and that she is not supposed to talk about it. said that after the I procedure, she could barely walk, and that she felt pain all the way down to her ankle. said NAGARWALA told her that she was ?ne. MN said that she left one of her winter gloves in the medical of?ce. 21. On April 11, 2017, a medical doctor in Minnesota performed a complete . medical examination of pursuant to a search warrant. The doctor?s preliminary ?ndings are that clitoral hood has a small incision, and there is a small tear to her labia minora. DOC 1 Filed 04/20/April 10, 2017, local?Minnesota Child Protective Services personnel and a federal agent interviewed the parents of MN-V-2. The parents of con?rmed that they took MN to Detroit to see NAGARWALA for a ?cleansing? of extra skin. 23. On April 10, 2017, a search warrant was executed at BMC. During the search, agents found a child?s winter glove in BMC. The glove had ?rst name written on it. 24. On April 10, 2017, ATTAR was interviewed by your Af?ant and another federal agent. ATTAR said: 0 That he owns and operates . That he 0 That NAGARWALA occasionally sees patients at his clinic; 0 That the patients that NAGARWALA sees at BMC are girls, between the ages of 6 and 9, that are members of the Community; That NAGARWALA does not charge anything for seeing patients at 1? That NAGARWALA seesminor girls for problems with their 7 genitals, including treatment of genital rashes; I 0 That NAGARWALA only sees patients at BMC when the clinic is 10 DOC 1 Filed 04/20/17 Pg 12 0f 14 Pg lD-12 closed, on Friday evenings or Saturdays; 0 That FARIDA is present in the examining room while NAGARWALA treats minor girls at BMC in order to comfort them and hold their hands; 0 That NAGARWALA sees patients in this manner at BMC 5 to 6 times per year. 25. This investigation has identi?ed other children who may have been cut by NAGARWALA at clinic,? BMC, between and 2005 and 2017, including children in Michigan. On April 10, 2017, child forensic interviewers employed by the FBI and HSI interviewed several minor girls in Michigan about FGM. In these interviews, multiple minor girls informed forensic interviewers that procedures had been performed on their genitals by NAGARWALA.1 One minor girl said that FARIDA was present during the procedure performed by NAGARWALA. 26. Parents of some of the Michigan children interviewed on April 10, 2017 . were also interViewed by law enforcement on April 10, 2017. Two parents stated that NAGARWALA had performed procedures on their daughter?s genitals at clinic, BMC. Others denied knowledge of the procedure or said that it did not happen. 1 Some of the minor children who were interviewed made no statements about FGM procedures, NAGARWALA, or BMC. 11 DOC 1 Filed 04/20/March 31, 2017, United States District Court Judge Laurie J. Michelson entered an order authorizing the interception of wire communications to and from telephone. After interviews discussed in paragraph 26, FARIDA was intercepted on telephone advising one of the Michigan parents to deny to law enforcement that the procedures were being performed; FARIDA told the parent to completely deny the allegation, and to say that nothing has happened.2 28. During the course of the investigation, using consensual recording, law enforcement recorded a statement by a parent of a minor who was the victim of FGM years ago. The parent was audio recorded identifying FARIDA as being present while FGM was performed by NAGARWALA on the minor, and that procedure took place at a clinic owned by ATTAR. . 2 The conversation took place in Gujarati. A Gujarati translator has con?rmed that the above is an accurate summary of a portion of the telephone call discussed in paragraph 27. 12 DOC 1' Filed 04/20/Conclusion 29. Based on the aforementioned factual information, there is probable cause to believe that FAKHRUDDIN ATTAR and FARIDA ATTAR have violated Title 18 U.S.C. 371 (conspiracy) and Title 18 U.S.C. 116 (female genital mutilation) and 2 (aiding and abetting). 13 saieith Special Agent Homeland Security Investigations Sworn \and subscribed before me this 02 dav of A4311, 2017 Honorable David Grand United States Magistrate Judge