Case Document 1 Filed 10/06/20 Page 1 of 31 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA CRIMINAL NO. v. Count 1: 18 U.S.C. 371 (Conspiracy) ELLIOTT BROIDY, Defendant. CRIMINAL INFORMATION The United States of America charges: INTRODUCTION 1. At all times relevant to this Information: 2. From no later than March 2017 to at least in or about January 2018, ELLIOTT BROIDY agreed with Nickie Lum Davis and Person A to act as agents of Foreign National A in exchange for millions of dollars which was not disclosed. BROIDY speci?cally agreed to lobby the Administration of the President of the United States (?Administration?) and the United States Department of Justice to drop or otherwise favorably resolve its matters against Foreign National A for his role in the embezzlement of billions of dollars from lMalaysia Development Berhad a strategic investment and development company wholly owned by the Government of Malaysia. As part of their efforts, BROIDY, Davis, and Person A willfully failed to disclose to the Administration and of?cials that BROIDY was acting on behalfof Foreign National A. Ultimately, BROIDY, Davis, and Person A were unsuccessful in their efforts to have the matters dropped or otherwise favorably resolved for Foreign National A. 3. During the same approximate period, BROIDY, Davis, and Person A also agreed to lobby the Administration and to arrange for the removal and return of People?s Republic Case Document 1 Filed 10/06/20 Page 2 of 31 of China National A?a citizen of the PRC living in the United States?all on behalf of Foreign National A. This involved, among other things, advocating for meetings between PRC Minister A and United States government of?cials. Here too, BROIDY, Davis, and Person A were ultimately unsuccessful. 4. To further the interests of Foreign National A, BROIDY, aided by Davis and Person A, attempted to facilitate a meeting between Malaysian Prime Minister A and the President in September 2017, in part to allow Malaysian Prime Minister A to raise the resolution of the matter with the President. 5. BROIDY, Davis, and Person A also met with PRC Minister A in the PRC and agreed that BROIDY, assisted by Davis and Person A, would lobby the Administration to return PRC National A to the PRC. BROIDY, Davis, and Person A, for the express purpose of providing PRC Minister A an opportunity to discuss the removal of PRC National A with high-level United States of?cials, also agreed to and attempted to facilitate meetings between PRC Minister A and top of?cials in the Administration, at and at the United States Department of Homeland Security during PRC Minister A?s visit to the United States in May 2017. Criminal Prohibitions on Acting as an Agent of a Frmeign Principal or Government 6. The Foreign Agents Registration Act 22 U.S.C. 61 1 et seq, was and is a disclosure statute that requires any person acting in the United States as ?an agent of a foreign principal? to register with the Attorney General in connection with certain types of activities, such as political or public relations efforts or lobbying on behalf of the foreign principal. Such registrations are made to the National Security Division?s Foreign Agents Registration Act Unit Unit?) within DOJ. It is a crime to knowingly and willfully fail to register, and to make Case Document 1 Filed 10/06/20 Page 3 of 31 false and misleading statements or material omissions in documents submitted to the FARA Unit under the law?s provisions. 7. The purpose of FARA is to prevent covert in?uence by foreign principals. Proper registration under the statute allows the United States government and the American people to evaluate the statements and activities of individuals who are serving as agents of foreign principals. Among other things, a FARA registration reveals the identity of the foreign principal on whose behalf a registrant performs services, the type of services the registrant provides the foreign principal, the source and amount of compensation the registrant receives from the foreign principal, and political campaign contributions made by the registrant while the registrant was acting as an agent of the foreign principal. RELEVANT PARTIES ENTITIES 8. The defendant, ELLIOTT BROIDY, served as Deputy Finance Chair of a national political committee from approximately 2017 to April 2018. BROIDY raised large political contributions from donors, organized political fundraising events, and coordinated fundraising strategies with the campaign of a candidate for the Of?ce of the President of the United States during the 2016 election cycle. In his role as Deputy Finance Chair, BROIDY maintained access to, and contact with, high-ranking of?cials in the Administration, including the President himself. Over the same period, BROIDY owned and operated several domestic and international businesses. 9. Nickie Mali Lum Davis was and is a United States citizen, businesswoman, and consultant with personal and business relationships with BROIDY and Person A. On August 31, 2020, Davis pleaded guilty in the United States District Court for the District of Hawaii to a one- count Information charging aiding and abetting a violation of FARA. Case Document 1 Filed 10/06/20 Page 4 of 31 10. Person A was and is a United States citizen, businessperson, and entertainer with international ties, including ties to Foreign National A. 1 1. Foreign National A was a wealthy businessperson living in East Asia who has been charged separately for his role in orchestrating and executing a multi-billion-dollar embezzlement scheme from 1MDB. 12. Company A was a limited liability company formed by Person A to receive wire transfers from Foreign National A, and was used by Person A to pay BROIDY, Davis, and others for their lobbying efforts. 13. George Higginbotham was an associate of Person A and was a licensed attorney employed by DOJ. On November 20, 2019, Higginbotham pleaded guilty in the United States District Court for the District of Columbia to a one?count Information charging conspiracy to make false statements to a ?nancial institution. 14. Law Firm A was a law ?rm operated by Person and controlled by BROIDY and Person C. 15. PRC National A was a citizen of the PRC, living in the United States on a temporary visa. The government of the PRC, including PRC Minister A and the President of the PRC, were seeking the removal of PRC National A from the United States back to the PRC. 16. In late 2016 through 2019, was actively investigating transactions of Foreign National A allegedly associated with laundered proceeds of the 1MDB embezzlement scheme. In July 2016, DOJ ?led multiple civil forfeiture complaints seeking the forfeiture of millions of dollars in assets allegedly purchased with 1MDB laundered proceeds. On November 1, 2018, filed a criminal indictment charging Foreign National A and others with conspiring to launder Case Document 1 Filed 10/06/20 Page 5 of 31 billions of dollars embezzled from and conspiring to violate the Foreign Corrupt Practices Act by paying bribes to various Malaysian and United Arab Emirates officials. COUNT ONE 18 U.S.C. 371 (Conspiracy to Serve as an Unregistered Agent of a Foreign Principal) 17. Paragraphs 1 through 16 are realleged and incorporated herein by reference. 18. From no later than March 2017 to at least in or about January 2018, the defendant, ELLIOTT BROIDY, knowingly conspired with others known and unknown, to: a. knowingly and willfully act as an agent of a foreign principal, speci?cally, Foreign National A with respect to the matters and the removal of PRC National A, without registering with the Attorney General, in violation of22 U.S.C. 612 and 618. Objects of the Conspiracy 19. It was an object of the conspiracy for BROIDY, Davis, Person A, and Foreign National A to orchestrate back-channel, unregistered campaigns to lobby the Administration and DOJ to: (1) end the matters or otherwise resolve the matters favorably for Foreign National and (2) remove PRC National A from the United States and send him back to the PRC. 20. It was an object of the conspiracy for BROIDY, Davis, and Person A to make millions of dollars by leveraging access to and perceived in?uence with the President and his Administration in order to secure payments from Foreign National A. 21. It was an object of the conspiracy for BROIDY, Davis, and Person A to conceal contacts with and payments from Foreign National A to maintain credibility with United States of?cials and to further the illegal advocacy scheme. Case Document 1 Filed 10/06/20 Page 6 of 31 Manner and Means of the Conspiracy 22. The manner and means by which BROIDY and others carried out the conspiracy included, but were not limited to, the following: International Travel to Meet with Foreign Principals and Government Of?cials 23. BROIDY, Davis, Person A, and Higginbotharn, in various combinations, traveled to Thailand, Malaysia, and the PRC for the purpose of meeting with Foreign National A, PRC Minister A, and others to negotiate and discuss the arrangement by which BROIDY would lobby the Administration and DOJ?outside of of?cial channels?Fin exchange for millions of dollars. Meetings and Contacts with United States Of?cials 24. BROIDY, both directly and through intermediaries, facilitated and attempted to facilitate meetings and other efforts to in?uence of?cials at the highest levels of the United States government, including the President and the Attorney General, for the bene?t of PRC Minister A and Foreign National A. 25. BROIDY, both directly and through intermediaries, contacted high-level of?cials in the United States government to arrange meetings for foreign government of?cials, including PRC Minister A and the Malaysian Prime Minister A, to provide opportunities for these foreign of?cials to formally request favorable governmental action, including the favorable resolution of the matters and the removal of PRC National A. Concealment 26. BROIDY, Davis, and Person A agreed to conceal agreement to lobby on behalf of Foreign National A, in his individual capacity and as an intermediary for PRC Minister A. BROIDY, Davis, and Person A did not disclose and agreed not to disclose to United States government of?cials and the public ?nancial arrangement with and payments from Case Document 1 Filed 10/06/20 Page 7 of 31 Foreign National A. In extensive contacts, communications, and documents drafted in furtherance of the conspiracy, BROIDY, Davis, Person A, and Higginbotham were secretive and anonymized references to Foreign National A. Further, BROIDY, Davis, and Person A often used applications when communicating about Foreign National A and PRC National A to conceal their conduct and connection to Foreign National A. Finally, BROIDY, Davis, and Person A agreed, implicitly or explicitly, not to register under FARA to conceal their arrangement with Foreign National A. Overt Acts 27. In furtherance of the conspiracy, BROIDY and others committed the following overt acts, among others, in the District of Columbia and elsewhere. 1. Campaign to Resolve Civil Forfeiture Cases A. BROIDY Agrees to Lobby for Foreign National A for $8 Million Retainer 28. In or about March 2017, Person A contacted Davis in an effort to locate someone with close ties to the Administration to help a foreign client. Davis in turn told BROIDY that she had a possible client in Malaysia who could use help with a forfeiture matter. 29. On or about March 7, 2017, Person A requested that Davis send him biography describing relationship with high?level of?cials in the Administration and photographs of BROIDY and the President. On or about March 7, 2017, assistant, at Davis?s request, emailed photographs to Davis featuring BROIDY and the President. Person A said that he wanted the photographs so that Person A could highlight for Foreign National A close access to the Administration. Case Document 1 Filed 10/06/20 Page 8 of 31 30. On or about March 8, 2017, Davis texted BROIDY, ?Are you in la to meet on the 16th [Person prior to his travel that weekend to Asia?? BROIDY responded, think so. Let?s speak later.? 31. On or about March 13, 2017, BROIDY met with Davis and Person A to discuss Foreign National A and At the meeting, Person A described his relationship with Foreign National A to BROIDY, and asked if BROIDY could help with the civil forfeiture cases involving Foreign National A. Person A said he would speak with Foreign National A about the possibility of BROIDY helping with the civil forfeiture cases. That same day, BROIDY texted Davis in part, ?I?m excited about our business prospects.? 32. On or about March 13, 2017, Davis forwarded to Person A a ?Retainer and Fee Agreement Litigation Services? between Law Firm A and Foreign National A so that Person A could present the agreement to Foreign National A. The ?Retainer and Fee Agreement? stipulated that Foreign National A would pay an $8 million retainer fee upfront, and an additional $75 million success fee if the ?matter? was resolved within 180 days, or $50 million if the ?matter? was resolved within 365 days. The draft agreement included an Exhibit A explaining that the ?matter? referred to the forfeiture proceedings. BROIDY, Davis, Person A, Law Firm A, and Person provided no litigation services or legal advice to Foreign National A. The true purpose of the retention agreement was to secure services to lobby the Administration and on Foreign National A?s behalf based on political connections. 33. Despite their knowledge of the requirement to register as agents of a foreign principal, at no time did BROIDY, Davis, or Person A register with the FARA Unit regarding their work as agents of Foreign National A. Case Document 1 Filed 10/06/20 Page 9 of 31 B. BROIDY, Person A, and Davis Meet Foreign National A in Bangkok 34. In or about April 2017, Davis relayed Person A?s request for BROIDY to travel to Bangkok, Thailand to meet with Foreign National A. BROIDY told Davis to tell Person A that he would go only if he were paid $1 million, and that he wanted to be paid by Person A from ?untainted? funds. BROIDY was assured that Person A would personally pay $1 million in exchange for BROIDY traveling to Bangkok. 35. On or about April 28, 2017, BROIDY texted Davis advising, would like the funds to go to [Law Firm That same day, Davis responded, 36. On or about April 29, 2017, BROIDY and Davis exchanged text messages regarding their upcoming meeting with Foreign National A and Person A. Among those text messages, BROIDY asked in reference to Foreign National A, ?Does the principal want us in a particular hotel in either location?? Davis responded, ?Call me when can 37. On or about May 1, 2017, Davis emailed BROIDY and his assistant a link to the Shangri-La Hotel in Bangkok, and wrote, in part, ?Please send me the hotel con?rmation for both Elliott?s room and mine once you get it online and I will forward.? That same day, Davis separately emailed Person A telling him to book a room at the Shangri-La Hotel and to send her the con?rmation. Person A responded, ?[Foreign National is booking our hotel,? and later followed up with, ?Also send me Elliott?s wire info.? Davis replied by providing the wire information for an account in the name of Law Firm A. 38. On or about May 2, 2017, Davis emailed BROIDY stating in part, ?Since land earlier [Person and I will see you at arrivals. . . . Thanks and bon voyage here?s to the start of an exciting and prosperous adventure!? Case Document 1 Filed 10/06/20 Page 10 of 31 39. On or about May 2, 2017, BROIDY, Davis, and Person A arrived in Bangkok. During the trip, BROIDY, Davis, and Person A met with Foreign National A in a hotel suite. BROIDY and Foreign National A spoke about the matters. BROIDY agreed to help Foreign National A attempt to resolve the matter. Foreign National A agreed to pay BROIDY an $8 million retainer and wanted BROIDY to contact the Attorney General of the United States to get DOJ to drop the matter. BROIDY agreed to lobby the Administration and DOJ for a favorable result for Foreign National A while concealing the fact that he was working on Foreign National A?s behalf. During the meeting or shortly thereafter, Davis and BROIDY discussed the possibility of assisting in getting PRC National A removed from the United States. With respect to payment, BROIDY stated that the money should not come directly from Foreign National A and should be ?clean.? Foreign National A identi?ed a friend who could pay BROIDY and others. BROIDY, Person A, and Davis agreed that the money would ?rst be routed through Person A and then be paid to BROIDY through Law Firm A. BROIDY and Davis agreed that BROIDY would pay Davis a percentage of what BROIDY received. Person A also agreed to pay Davis a percentage of the funds that Person A received. Person A told BROIDY and Davis that Person A?s friend, Higginbotham, was verifying the legitimacy of the funds. Higginbotham did not actually perform any such review. never met or spoke with Higginbotham. C. Person A Receives $8.5 Million from Foreign National BROIDY is Paid $6 Million; Davis is Paid $1.7 Million 40. Following the meeting with Foreign National A in Thailand, on or about May 8, 2017, Company A received a wire transfer directed by Foreign National A for approximately $2.8 million from an entity in Hong Kong. That same day, Person A obtained a cashier?s check from the Company A account for $702,000 payable to Law Firm A, which was immediately credited to Law Firm A?s account. Person A also made a separate wire transfer of $48,000 to Law Firm A 10 Case Document 1 Filed 10/06/20 Page 11 of 31 from the Company A account. Also that same day, a third-party company transferred $250,000 to the Law Firm A account at Person A?s direction, bringing the total amount deposited into the Law Firm A account to $1 million. Within several days, approximately $900,000 of the $1 million transferred into the Law Firm A account on or about May 8, 2017, was transferred from the Law Firm A account to one of business accounts. 41. On or about May 8, 2017, Davis texted BROIDY, ?Both wires in [Law Firm are from [Person The remaining balance was dropped to your of?ce 20 minutes ago Davis then added, ?702 total cashier 42. On or about May 17, 2017, Foreign National A caused an international wire to be sent to Company A from a Hong Kong company. That same day, Person A transferred $3 million from Company A to Law Firm A. On or about May 18, 2017, Law Firm A transferred $600,000 to one of business accounts and $900,000 to an account for a business entity associated with Davis. On or about May 18, 2017, Law Firm A transferred $500,000 to one of business accounts. Within approximately one week, Law Firm A transferred an additional $950,000 in two separate transfers to one of business accounts. 43. On or about May 17, 2017, BROIDY and Davis exchanged text messages regarding the payments from Foreign National A to BROIDY through Person A and payment of a percentage to Davis. Among the text messages, Davis asked, ?Did you get it?? BROIDY responded, ?Yes. Sent you Wickr[.] Sending wire to you in morning.? Wickr is a messaging application that allows for end-to-end and content expiration. BROIDY later added, ?Did you get 2nd con?rm?? Davis responded, ?When Asia opens. . . . Baby steps at least moving forward now.? BROIDY responded, ?Yes. Hammer them for the next 2 wires.? BROIDY later 11 Case Document 1 Filed 10/06/20 Page 12 of 31 added in part, ?Assuming second 3 is in and con?rmation that last 2 is being sent. Please ask assistant].? 44. On or about May 25, 2017, Foreign National A caused a third transfer to be made to Company A, this time in the amount of approximately $2.7 million. On or about May 26, 2017 Person A transferred $2 million from Company A to Law Firm A in partial satisfaction of the $8 million retainer to which BROIDY and Foreign National A agreed in return for assistance with the civil forfeiture cases. That same day, $600,000 was transferred from Law Firm A?s account to a business account associated with Davis. On or about May 26, 2017, Law Firm A transferred $1 million to an account controlled by Person C. In or about early June 2017, Law Firm A transferred $650,000 to one of business accounts. D. BROIDY Facilitates and Attempts to Facilitate Meetings for Malaysian Prime Minister A and Efforts to Resolve the Cases 45. On or about June 5, 2017, BROIDY texted Person D, a political consultant and former campaign aide for the President, and requested that Person work with the Administration to set up a visit for Malaysian Prime Minister A: ?Asian country is very motivated re July meeting. Hoping we can con?rm date etc asap.? Pursuant to a consulting agreement, BROIDY had agreed to pay Person $25,000 per month for advice and guidance with respect to navigating the Administration. 46. The same day, BROIDY and Davis exchanged text messages regarding Foreign National A. Among those messages, Davis wrote, ?Please call before go to bed [Foreign National keeps calling for BROIDY responded, ?Yes. Will call you. I am heading to DC. Tonight to work on [Foreign National and Asian 12 Case Document 1 Filed 10/06/20 Page 13 of 31 47. On or about June 15, 2017, at Person A?s request, Davis texted BROIDY, ?Hey he?d like to speak you this evening. Are able?? Davis added, ?Principal?, which was a reference to Foreign National A. That same day, BROIDY responded, 48. On or about June 17, 2017, BROIDY and Davis discussed Malaysian Prime Minister A. In or about June 2017, BROIDY asked the President if he would play golf with Malaysian Prime Minister A. BROIDY and Davis believed that this would please Foreign National A and would allow Malaysian Prime Minister A to attempt to resolve the matter. BROIDY also hoped to secure additional business with the government of Malaysian Prime Minister A and hoped that arranging golf with the President would further his business interests. 49. On or about June 19, 2017, Davis texted BROIDY a link to an article about the Malaysian Prime Minister A?s office criticizing the forfeiture action in the United States. 50. On or about June 29, 2017, BROIDY sent a text message to a high ranking of?cial in the White House in an effort to arrange a golf outing between Malaysian Prime Minister A and the President: ?Hi [Person As I mentioned, POTUS agreed to play a round of golf in DC or Bedminster in late July or early August with [Malaysian Prime Minister Thank you very much for getting back to me with the date. Also a letter went to the state dept. for a meeting some weeks ago.? 51. On or about June 30, 2017, BROIDY sent another text message to Person regarding the golf outing: ?Hope we can speak this morning on National and golf date with POTUS for [Malaysian Prime Minister Later that day, BROIDY followed up with, ?[Person as discussed, hoping we can get these items completed today. Please call me anytime.? l3 Case Document 1 Filed 10/06/20 Page 14 of 31 52. On or about July 3, 2017, BROIDY again texted Person regarding the golf date for Malaysian Prime Minister A and the President: ?Good morning [Person It would be extremely helpful to me if you could con?rm the golf date today with POTUS for [Malaysian Prime Minister POTUS told me he is glad to play at Bedminster or DC. After we spoke, I mentioned to [Malaysian Prime Minister that he would have the date last week. Thank you very much! Regards, Elliott.? Later that day, BROIDY texted Person again: ?[Person I?m following up. Please send me the date and time for the [Malaysian Prime Minister golf with POTUS. Thank you!? 53. On or about July 5, 2017, BROIDY exchanged messages with Person regarding the golf outing. Among other messages, BROIDY texted, ?[Person just left you a message. It?s been a week. Can you send me the date today? Best, Person responded, ?It?s with the They coordinate and negotiate I?m sure it will get 54. On or about July 11, 2017, relaying a message from Person A, Davis texted BROIDY, ?Wickr[.] It?s 5pm I think we need to make a move. Date and otherwise. We?re getting killed.? These messages referred to con?rming a date for Malaysian Prime Minister A to play golf with the President and Foreign National A?s displeasure because no date had been con?rmed. Davis continued, ?Please call because we need to strategize I?m getting BROIDY responded, ?See The following day, BROIDY texted Davis, ?Send me text on wikr. I?m taking off and need to get to Taking off. Need Davis responded, BROIDY responded, ?Got it. Thx[.] Trying to get [Person to do call Person was then a high-ranking of?cial on the National Security Council. 14 Case Document 1 Filed 10/06/20 Page 15 of 31 55. On or about July 13, 2017, Davis texted BROIDY, ?Please call when can so we can talk- we gotta handle this until get it. I will keep company if worry about being lonely!? 56. On or about July 13, 2017, BROIDY texted Person again regarding the golf date: ?Hi [Person It?s been 2 weeks. Checking again on date for golf for [Malaysian Prime Minister with POTUS. Can you text me date today? Thank you. Best, Person responded, ll check now again[.] These things go through a process BROIDY responded ?Thank you! 1? Person replied, is on it and BROIDY responded, ?Can we get date today?? Person replied, ?They?re working directly with the Malaysians. NSC is coordinating a date.? 57. On or about July 15, 2017, BROIDY texted Davis, ?Working on getting meetings for tomorrow.? 58. On or about July 17, 2017, conveying urgency expressed by Person A on behalf of Foreign National A, Davis texted BROIDY, ?[Person needs to give this date now and ask him for update on other thing. We look This text referred both to setting up a meeting between the President and Malaysian Prime Minister A and to the matter involving PRC National A. BROIDY responded, ?Agree. Hammering 59. On or about July 18, 2017, BROIDY and Davis exchanged several text messages about setting up a meeting between the President and Malaysian Prime Minister A. Among the messages, Davis wrote, ?Can check Wikr[.] Really really need that date. It?s been crazy for me all day this. He?s Davis followed up with, ?This date is mandatory today- we?re getting creamed.? According to Person A, Foreign National A was panicking because no meeting had yet been scheduled. BROIDY responded, ?Calling [Person Davis replied in part, 15 Case Document 1 Filed 10/06/20 Page 16 of 31 ?Call everyone so they know are raging mad[.] Call [Person too. We need this Person was an administrative assistant to the President. BROIDY replied, ?Doing it now.? 60. On or about July 19, 2017, Davis texted BROIDY in reference to scheduling a date for a meeting between Malaysian Prime Minister A and the President, ?Secondly we need this date BROIDY responded the following day, ?Please bear with me. Getting some info on 61. On or about July 21, 2017, BROIDY texted Person regarding the golf outing: ?[Person The Malaysians have heard nothing from NSC. POTUS said he would play golf with [Malaysian Prime Minister in late July or early August. POTUS said he was happy to do it. You said it would be scheduled in a day or two. We?re in the 4th week. I know you are busy and procedures apply but I?ve been more than patient. Instead of being positive, this is now causing me damage. I would truly appreciate it if you could get back to me today with a date. Thank you! Elliott.? 62. On or about July 24, 2017, BROIDY texted Person D, ?Received golf date in NJ in Sept. Sat before the UN General Assembly. Finally! Crossed off my list! Thank you also for helping!? Person responded, ?Let?s follow through and make sure the date is con?rmed by the NSC. Did he tell you who gave him the date?? BROIDY replied, "?Thank you!! Fantastic. Given to [Person by [Person 63. On or about July 27, 2017, BROIDY texted Person D, ?Just checked again with Malaysians. Their Amb to US and Foreign Minister have heard nothing. Please check asap. Best, Elliott.? BROIDY followed up with, ?Hi [Person Can you call NSA for me re Malaysians receiving official word. Still no contact from NSC to Malaysian Amb on meeting. Thank you. Best, Elliott.? Person responded, will call again this morning.? 16 Case Document 1 Filed 10/06/20 Page 17 of 31 64. On or about July 27, 2017, BROIDY emailed a high-level of?cial from the National Security Council in an attempt to arrange a golf game between Malaysian Prime Minister A and the President. 65. On or about July 29, 2017, Davis texted BROIDY in reference to the meeting between Malaysian Prime Minister A and the President, ?They were told 12 sept is mtg. That?s day that un general assembly stars- it?s a No golf7?? Davis immediately followed by texting BROIDY responded, ?May be two mtgs. Amb should ask. Golf at Bedminster on Sat and tues at 66. On or about August 7, 2017, BROIDY sent his assistant an email with the subject, ?Malaysia Talking Points *Final*?, which contained the purported talking points of Malaysian Prime Minister A intended for an upcoming meeting between the United States Secretary of State and Malaysian Prime Minister A. Davis had received the talking points from Person A?who provided them on behalf of Forei gn National A?and Davis relayed them to BROIDY. The talking points mentioned, among other things, ongoing relationship and work with Malaysia, and identi?ed 1MDB as a The talking points noted the lack of harm caused by 1MDB, and specified that ?[t]he involvement of US prosecutors has caused unnecessary tension American [sic], and could cause a negative reaction among 67. On or about August 7, 2017, BROIDY also sent these talking points to Person D, immediately followed by a message explaining, ?Above is attachment from Malaysian PM of his talking points. You can share with [staff assistant who works for the Secretary of State].? BROIDY also sought to obtain details about the timing of a meeting in Malaysia between Malaysian Prime Minister A and the Secretary of State. 17 Case Document 1 Filed 10/06/20 Page 18 of 31 68. Later on or about August 7, 2017, BROIDY messaged Person D, ?[Secretary of State] is meeting with [Malaysian Prime Minister on 8th and deputy PM on 9th. Let?s get a plug in my name. They know my name and might not immediately recognize Circinus name. Thank you!? Person responded, ?De?nitely important to make this connect. It will not likely be part of the formal meetings but will work to get a plug during their conversations.? 69. On or about August 9, 2017, Foreign National A caused a Hong Kong company to transfer approximately $12.8 million to Company A. Person A then transferred $3 million to Law Firm A. This was the ?nal payment made to BROIDY. In total, BROIDY was paid $9 million. On or about the next day, Law Fim1 A transferred $900,000 to a business account associated with Davis. 1n the ensuing days, Law Firm A transferred hundreds of thousands of dollars to accounts belonging to BROIDY 70. On or about August 10, 2017, BROIDY texted Person regarding the meeting between Malaysian Prime Minister A and the Secretary of State: ?Heard from Malaysia that meetings went very well. They were happy with [Secretary of State]. My name was not mentioned ~no plugabout August 19, 2017, BROIDY texted Person D, ?Any update on Malaysia? Person responded, ?As of now it is going to be in DC. And hard to do golf clue to schedule but I am working on it. Might have to go to [Person 1] directly on this and use the history of the two of them playing golf.? BROIDY responded, ?Yes. If you think it would help I could directly call one of [Person 1] deputies or [Person Also need to add time to meetings. I would like to discuss details with you. Please let me know what is best.? Person I was then a high? ranking of?cial at the White House. 18 Case Document 1 Filed 10/06/20 Page 19 of 31 72. On or about August 31, 2017, BROIDY drafted and sent an email to Person I attempting to arrange a golf game between Malaysian Prime Minister A and the President. 73. On or about September 11, 2017, Davis typed a letter to be sent from BROIDY to the President in anticipation of Malaysian Prime Minister A?s meeting with the President and provided the letter to BROIDY. The letter included several positive developments in the relationship between Malaysia and the United States. The letter was never provided to the President. 74. Following repeated efforts to schedule a golf game between the President and Malaysian Prime Minister A, Malaysian Prime Minister A met with the President at the White House on or about September 12, 2017. Although BROIDY contacted high-ranking officials in the Administration to arrange a golf meeting between the President and Malaysian Prime Minister A in addition to the of?cial meeting, no golf game between Malaysian Prime Minister A and the President took place. 75. On or about October 6, 2017, BROIDY met with the President at the White House. BROIDY did not raise the matters during the meeting but represented to Davis that he had, understanding that Davis would communicate that information to Person A and Foreign National A. 76. On or about January 5, 2018, BROIDY drafted talking points related to to demonstrate to Foreign National A the efforts that BROIDY had undertaken on his behalf. Among other things, the talking points provided: We are working with the Do] to counter the previous Administration?s case against in Malaysia. I have put a strategy in place to contact parties both resolution to this issue. 2. am in the process of scheduling a meeting with the assistant attorney general who has the oversight for the Malaysia case. She is 19 Case Document 1 Filed 10/06/20 Page 20 of 31 a [presidential] appointee and can be helpfulinformed you earlier, in my discussion with the President, he committed to getting this issue resolved. It is important that I take his lead but will continue to communicate the importance of this issue.? These representations were false. II. Campaign to Remove PRC National A from the United States A. BROIDY Travels to China to Meet with PRC Minister A 77. In or about May 2017, following the trip to Bangkok, BROIDY agreed to travel to Hong Kong to meet again with Foreign National A. Prior to the trip, Davis and BROIDY discussed that it was important to Foreign National A that PRC National A be deported from the United States. The purpose of the trip to Hong Kong was to meet with Foreign National A and a foreign government official of the PRC to discuss PRC National A. 78. On or about May 15, 2017, Davis emailed assistant regarding travel arrangements and the itinerary for the trip to Hong Kong. The same day, Davis also emailed BROIDY and Person banking information for Davis?s company. 79. On or about May 18, 2017, BROIDY, Davis, and Person A traveled to Hong Kong and were transported to Shenzhen, China, where they met with Foreign National A and PRC Minister A in a hotel suite. PRC Minister A spoke to BROIDY about PRC National A and his alleged crimes, and stated that the PRC government wanted PRC National A to be returned to the PRC. PRC Minister A asked BROIDY to use his in?uence with high-ranking United States government of?cials to advocate for PRC National A?s removal and return to the PRC. They also discussed the potential return to the United States of Americans then being held prisoner by the PRC. PRC Minister A also stated that he would be visiting Washington, DC. soon and was having trouble scheduling meetings with certain high-ranking United States government of?cials. 20 Case Document 1 Filed 10/06/20 Page 21 of 31 B. BROIDY Lobbies Top U.S. Of?cials for the Removal of PRC National A 80. On or about May 20, 2017, during the return trip from China, BROIDY texted Davis, ?I?ll try to make this a big week for us with [the Attorney General.]? 81. On or about May 21, 2017, BROIDY texted Person regarding his meeting with Foreign National A and PRC Minister A: ?[Person Just returned. Huge opportunity. Can we meet Monday morning at 9:30 am. at [hotel]? Elliott.? 82. On or about May 22, 2017, BROIDY texted Person D, will need to meet with 97 [Attorney General] asap. We will discuss. BROIDY followed up with, am emailing you a memo. We will discuss.? Later the same day, Person responded, ?Have a request into [Attorney General] for mtg.? 83. On or about May 22, 2017, BROIDY sent an email to Person with the subject, ?Opportunity for Signi?cantly Increased Law Enforcement Cooperation between US and BROIDY attached to the email a memorandum from BROIDY addressed to the Attorney General, intending that Person would then provide the memorandum to the Attorney General. The content of the memorandum had been provided to BROIDY by Davis, and the content originated from PRC Minister A and Foreign National A. Upon receipt, BROIDY and Person revised the memorandum. 84. In the memorandum, BROIDY mischaracterized the reason for his trip to China and the circumstances leading to his meeting with PRC Minister A. BROIDY did not disclose his contact with Foreign National A and did not disclose Foreign National A?s role in setting up the meeting between BROIDY and PRC Minister A. BROIDY also did not disclose the $4 million that he had been paid by Foreign National A. BROIDY also did not disclose that his lobbying 21 Case Document 1 Filed 10/06/20 Page 22 of 31 efforts with respect to PRC National A were, at least in part, pursuant to his ?nancial arrangement with Foreign National A and could potentially result in additional payment. 85. In the memorandum, BROIDY stated, was told by Minister that China would like to signi?cantly increase bi-lateral cooperation with the US with respect to law enforcement including cyber security.? BROIDY wrote about PRC Minister A?s upcoming trip to Washington, DC, in which PRC Minister A and his delegation planned to meet with several high- ranking United States government of?cials. BROIDY indicated that it would be productive for the Attorney General to meet with PRC Minister A. BROIDY also noted several items that China, according to PRC Minister A, would be willing to do to improve law enforcement relations between the United States and China. BROIDY then added: According to my conversation with Minister the one request China will make is that National who China alleges has conspired with others who have been arrested and charged with violations of numerous criminal laws of China (including kidnapping and signi?cant ?nancial crimes be deported (his Visa ends within the next month or so) or extradited (Interpol has issued a Red Notice with respect to him which is attached for your reference) as soon as possible from the US to China so he can be charged with these violations and go through regular criminal proceedings in China with regard to these allegations. BROIDY appended an Interpol Red Notice for PRC National A to the memorandum. 86. On or about May 23, 2017, BROIDY texted Person D, ?Hi Is meeting set for tomorrow? Has my memo been sent to [Attorney General]? Please update Thanks Person responded, ?Elliott- letter was delivered yesterday. see the ?nal version with changes. Working on for tomorrow but shooting for early afternoon. Will call you later today. I am now on redeye tonight so I can get back to DC early.? BROIDY responded, ?Great. Thank you Also try to determine can set for thurs or in Alabama on fri or sat.? The following day, on or about May 24, 2017, Person responded, ?[W]aiting to hear from 22 Case Document 1 Filed 10/06/20 Page 23 of 31 on ours and Minister let me know when you are free and we can meet up to go over other issues. thanks.? 87. On or about May 24, 2017, Person texted BROIDY, ?Just got a call from [Attorney General] of?ce and he cannot do tonight. But I got a text back from him directly that said he would call me later.? 88. On or about May 25, 2017, BROIDY texth Person D, ?The meetings are at Justice at 10:00 am this morning. Then FBI and DHS tomorrow. Perhaps I could tell my contact to get there 10 min early and a brief meeting could occur. And then have meet with one on one to discuss more details. Please try to see [Attorney General] ?rst thing today. Really important that we pull it off. I need to speak with my contact this morning. Thank you. Person responded, working on it. [Attorney General] is not in the of?ce this morning but trying to see what time he is returning. Stand by.? Later the same day, BROIDY texted Person D, ?Detail is that the 3 things in my memo are only for [Attorney General]. Minister wants to tell [Attorney General] directly. Mine is legitimate back channel. Minister A]?s boss wants con?rmation that [Attorney General] heard the 3 things which really help Later that day, Person responded, actually just got off the phone with [Attorney General]. Not great news. Let me know when you are free to talk. Thanks.? 89. On or about May 26, 2017, referencing meetings for PRC Minister A, BROIDY texted Person D, ?10 am head of ICE 11:30 FBI Perhaps a play at DHS would save situation. Fly by [Person The three items can be shared.? BROIDY followed up with, ?Please call me? and ?I?m trying to do damage control and need to speak with you. Best is pull aside with [Person Person I was a senior of?cial in DHS at the time. 23 Case Document 1 Filed 10/06/20 Page 24 of 31 90. On or about May 28, 2017, after Davis transcribed correspondence to BROIDY, BROIDY emailed Person D, ?transcribed correspondence to and from [the Attorney General] and the Chinese Ambassador to the BROIDY noted, believe there is an excellent opportunity for [the Attorney General] to further US interests. I added comments below. Can we discuss asap? There is another matter of interest that the AG should be made aware of.? Later that same day, BROIDY and Person exchanged emails to schedule a time to discuss the email and its content. 91. On or about May 30, 2017, Davis texted BROIDY with respect to PRC Minister A?s meeting with United States government officials, ?Check Wickr? all clear now for BROIDY responded, ?Yes. All Davis repliedabout May 2017, Davis, at Person A?s request, asked BROIDY to meet with PRC Minister A in Washington, DC. 93. On or about May 30, 2017, BROIDY met with PRC Minister A at a hotel in Washington, DC. BROIDY also asked Person if Person could help PRC Minister A arrange meetings with high-ranking United States government officials. 94. On or about May 2017, BROIDY texted Person D: I met with the VM last night?ight back this afternoon. The FBI had him meeting with very low level people and had the person he was to meet with meet with Vietnam instead. His superiors told him to come home unless meeting with [Attorney General] or [Person He is happy meeting with [Person . . . So far, he has delivered a pregnant woman and the next 2 will be sent shortly. He will accept 60 Chinese Nationals for deportation but only if he has a proper ?short meeting?. This is a big win for the admin that can be publicized. It is the result of Mara Largo meeting between the two presidents. Please call me and I will tell you more specifics. Thank you. 95. Person responded, ?E-got the info. I will call in a few mins.? BROIDY replied, ?If you get the meeting, can we have the political WH liaison meet the VM at He can 24 Case Document 1 Filed 10/06/20 Page 25 of 31 mention my name. Also try to get [Person to warm up situation. Mention me as well. Thank you! Fingers crossed.? 96. On or about May 31, 2017, Davis texted BROIDY with respect to PRC Minister A?s purported meeting with, Person I, ?In principal [Person 1] us ok? just a schedule issue?? responded, ?Just a short notice scheduling issue. Still might hear in next houror so. There is no issue with Minister BROIDY later continued, ?Please pass along my good wishes to the VM. Wait a little while longer.? Davis responded, ?Yes, I?m telling him that.? BROIDY replied, ?Tell him I?m telling WH and [Attorney General] what happened.? Davis then texted, ?Isn?t [Person scheduled to be in Haiti this afternoon?? BROIDY responded, ?Scheduler did not mention this?? Are you sure? Neither did [Attorney General] Davis responded, ?It?s on the DHS website[.] He?s there for the aftemoon[.] Just spoke to VM and he sounded like he was BROIDY responded, ?Terrible. What a mess. Bottom line not our fault. Normally their Amb would handle. This is a cluster Davis replied, ?Wickr.? 97. On or about June 9, 2017, Davis texted BROIDY a news article titled ?china- cranks-up-heat-on-exiled tycoon-[PRC National 98. On or about June 27, 2017, BROIDY texted Person H?s spouse regarding the removal of PRC National A. BROIDY knew that Person H, an internationally successful businessman and frequent contributor to political campaigns with close access to the President, had immediate access to and influence with the President and could be effective in seeking the removal of PRC National A. BROIDY texted Person H?s spouse, ?On another note, 1 would like to meet with [Person tomorrow morning and on important and sensitive matter. Is there a time tomorrow morning that would be convenient or perhaps for lunch? Looking forward to seeing you at the Hotel! Regards, BROIDY later continued: 25 Case Document 1 Filed 10/06/20 Page 26 of 31 Hi [Person asked me to send this information to you via text. I have a number ofitems I will be sending to you regarding the fugitive is National The ?rst is an Interpol red notice. . . . The highly time sensitive matter is that National A]?s visa to stay in the US expires on June 30th. It is critically that his new visa application he immediately denied. He must also be placed on the DHS no ?y list. . . . This order would need to come from the very top as National is well connected with former FBI who are on his private security detail. [The President of the mention to [the President] at Mar-A-Lago that he would like National returned. Minister met with me and requested help with regard to National . . . He promised to return certain US citizens held hostage by China and would accept a very large number of Chinese illegal immigrants for deportation back to China. Finally he offered new assistance with regard to North Korea. 99. On or about June 28, 2017, BROIDY met with Person and his spouse at a social gathering. After the meeting, BROIDY exchanged text messages with Person H?s spouse regarding PRC National A: ?Hi it was great to see you and [Person tonight! I just heard from Minister again. He would like to know the status of National A]?s VISA as time is of the essence. -Was the VISA issued already or did we deny it? Can we confirm that National is on the DHS no ?y list? Minister is very concerned that National will ?ee the US this week. I hope we can con?rm and move to deportation. This will be an incredible step for our two countries. Minister says they are grateful for your help.? Person H?s spouse responded, ?This is with the highest levels of the state department and the defense department. They are working on this.? 100. On or about June 29, 2017, BROIDY and Davis exchanged text messages regarding PRC National A?s visa application. BROIDY texted, ?Is rejection or acceptance letter already generated?? Davis responded, have no idea.? BROIDY replied, ?Sorry always generated. In others words each applicant eventually re wives a yes or no in writing[?] Sorry receive a yes or no in Davis responded, Check 26 Case Document 1 Filed 10/06/20 Page 27 of 31 101. On or about June 30, 2017, Davis, in reference to their efforts to facilitate the removal of PRC National A and the potential return of United States citizens held in the PRC, texted BROIDY, ?Wickr. You are the man right now. They are going to give you the President?s medal of freedom award after what you will accomplish for this country this July BROIDY responded, am going to slam until it?s Davis replied, ?Let?s make sure part 1 happens today. And date for Don?t leave that dude until we do it.? BROIDY responded, ?Agree.? Davis continued, ?Let him know if we get the letter con?rming the denial today by close of business (as need workers to generate that letter) then we will get the 2 Americans home by July After other phase 2- we can do the 60 take BROIDY responded, ?Sounds good. [Person calling me back shortly. On a call.? 102. On or about June 30, 2017, BROIDY and Davis exchanged several text messages about PRC National A. BROIDY texted, ?Heard from [Person He reiterated to BROIDY followed up with, ?Separately, [Person texted me that he got tied up but is on top of it.? That same date, Davis replied, ?Can we get proof today about revoke?? Davis later speci?ed, ?From [Person 103. On or about July 1, 2017, BROIDY texted Davis, ?Spoke to [Person at length. Call me when you BROIDY did not speak with Person but had exchanged text messages with him about PRC National A?s visa application. BROIDY did not disclose the true nature of his relationship with PRC Minister A to Person E. 104. On or about July 2, 2017, BROIDY and Davis exchanged text messages regarding PRC National A and his visa application. Based on public reporting, Davis texted, ?There is a call Scheduled for today Sunday with [President of the about it Korea. He can ask and confirm about package. He can even say he heard from [Person 27 Case Document 1 Filed 10/06/20 Page 28 of 31 105. On or about July 3, 2017, again based on public reporting, Davis texted BROIDY: ?[President] leaves D.C. Wednesday for Davis then followed up: ?July 5. Scheduled to meet in person [President of the 106. On or about July 10, 2017, Person A emailed himself copies of the Red Notice for PRC National A, images of PRC National A?s passport and identity card, and other documents related to PRC National A and the alleged crimes committed by PRC National A. 107. In or about July 2017, Person A requested that Higginbotham meet with the PRC Ambassador to the United States at the PRC Embassy in Washington, DC. The purpose of the meeting was to convey a message to the PRC Ambassador about PRC National A. On or about July 16, 2017, Higginbotham went to the PRC Embassy in Washington, DC. and met with the Ambassador. During the meeting, Higginbotham told the Ambassador that United States government of?cials were working on the extradition of PRC National A and that there would be additional information in the future concerning the logistics of the extradition. Following the meeting, Higginbotham reported to Person A what had occurred, and Person A said he would inform Foreign National A. Person A later told Higginbotham that Foreign National A was happy with the meeting and that it had given Foreign National A credibility with the PRC. 108. On or about July 18, 2017, BROIDY emailed Davis the contact information for Person H. Davis connected multiple calls between PRC Minister A and Person in furtherance of the lobbying campaign to remove PRC National A. 109. On or about July 26, 2017, BROIDY and Davis exchanged text messages regarding PRC National A and his removal from the United States to the PRC. Among the messages, Davis wrote, ?Really need con?rm it was of?cially transmitted. At this point he says BROIDY 28 Case 1:l20-cr-00210-CKK Document 1 Filed 10/06/20 Page 29 of 31 responded, ?Asked 3 different people to follow BROIDY later added, ?Called [Person Seeing [Person in an hour.? 1 10. On or about July 26, 2017, BROIDY texted Person to meet at a hotel in Washington, DC, to discuss PRC National A: ?Hi [Person I understand from staff that you?re in DC, as am I, staying at the [hotel]. Would you like to have a cup of coffee today? Regards, Elliott.? Later the same day, Person H?s spouse texted BROIDY, ?Hi Elliot. Can you text me the details again of the Chinese man you texted previously thank BROIDY responded, ?Hi You are referring to National or Minister Best, Person H?s spouse replied, National BROIDY then resent the message that he previously sent on June 27. ll 1. On or about July 27, 2017, BROIDY and Davis exchanged text messages regarding PRC National A. Davis texted BROIDY, ?Any word on Davis later added, ?Hey any update about formal notice?? BROIDY responded, ?I?m dealing with people in NSC. Emailing directly. Awaiting 112. On or about August 19, 2017, BROIDY texted Davis several times. Among those messages, BROIDY wrote, ?Urgent. Call me. Good BROIDY later added, ?im with [Person have break thru 113. On or about August 19, 2017, BROIDY met with Person on Person H?s yacht. During their time together, BROIDY asked Person about the matter involving PRC National A. Person H, in presence, then called the President, asking about PRC National A?s status within the United States. 29 Case Document 1 Filed 10/06/20 Page 30 of 31 114. On or about September 13, 2017, BROIDY texted Davis, ?Please text me asylum article. And other That same day, Davis texted BROIDY links to articles about PRC National A. 115. On or about October 2, 2017, BROIDY texted Davis a link to article about PRC National A. 16. On or about January 5, 2018, BROIDY texted Davis, ?Send me more info on National involved in funding Dem politicians, . . . All in violation of 18 U.S.C. 371. FORFEITURE ALLEGATION 1. The allegations contained in Count One of this Information are hereby realleged and incorporated by reference for the purpose of alleging forfeitures pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c). 2. Pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(0), upon conviction of Count One, in violation of Title 18, United States Code, Section 371, the defendant, ELLIOTT BROIDY, shall forfeit to the United States of America any property, real or personal, which constitutes or is derived from proceeds traceable to said violation(s). Notice is further given that, upon conviction, the United States intends to seek a judgment against BROIDY for a sum of money representing the property described in this paragraph. 3. If any of the property described above, as a result of any act or omission of the defendant: cannot be located upon the exercise of due diligence; has been transferred or sold to, or deposited with, a third party; has been placed beyond the jurisdiction of the court; has been substantially diminished in value; or 30 Case Document 1 Filed 10/06/20 Page 31 of 31 e. has been commingled with other property which cannot be divided without difficulty, the United States of America shall be entitled to forfeiture of substitute property pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title 28, United States Code, Section 2461(c). DATED: September :30, 2020 COREY R. AMUNDSON Chief, Public Integrity Section United States Department of Justice /s/J0hn D. Keller By: John D. Keller Principal Deputy Chief Sean F. Mulryne Deputy Director, Election Crimes Branch Nicole R. Lockhart James C. Mann Trial Attorneys Public Integrity Section 31