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DEC - 7 2011 in the UNITED STATES DISTRICT COURT for the C-Lkk Case 1:11-cr-00561-LO Document 48 Filed 12/07/11 Page 1 of 26 PageID# 239 I?v 0P!:,\ COU?--j i DEC - 7 2011 IN THE UNITED STATES DISTRICT COURT FOR THE C-lKK. US. DISTRICT COUHT ALEXANDRIA. VIKCINIA EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA CRIMINAL NO. 1:1 lcr 561 SYED GHULAM NABIFAI, Defendant. STATEMENT OF FACTS The parties stipulate that the allegations in the Criminal Information and the following facts are true and correct, and that had the matter gone to trial the United States would have proven them beyond a reasonable doubt: 1. From approximately 1990, and continuing thereafter until approximately July 18, 2011, in the Eastern District ofVirginia and elsewhere, defendant GHULAM NABI FAI unlawfullyand knowingly conspired with others to (a) falsify, conceal, and cover up material facts they had a duty to disclose by tricks, schemes and devices, in matters within the jurisdiction ofthe agencies ofthe executive branch ofthe Government ofthe United States, in violation of Section 1001 ofTitle 18ofthe United States Code; and (b) defraud the United States Department ofthe Treasury by impeding, impairing, obstructing and defeating the lawful functions ofthe Internal Revenue Service in the ascertainment, computation, assessment, and collection ofthe revenue. 2. The purpose ofthe scheme to conceal and falsify was to obtain money from officials employed by the Government ofPakistan, including the Inter-Services Intelligence Directorate ("ISI"), for the operation ofthe Kashmiri American Council ("KAC"), outside ofthe knowledge Case 1:11-cr-00561-LO Document 48 Filed 12/07/11 Page 2 of 26 PageID# 240 ofthe Government ofthe United States and without attracting the attention oflaw enforcement and regulatory authorities. To prevent the Department ofJustice, the Federal Bureau of Investigation, theDepartment of the Treasury, andthe Internal Revenue Service from learning the source of the money he obtained from officials employed by the ISIand the Government of Pakistan to operate the KAC, defendant SYED GHULAM NABI FAI made false, fictitious, and fraudulent material statements and representations in matters within the jurisdiction ofthe Department of Justice, Federal Bureau of Investigation, the Department of the Treasury, and the Internal Revenue Service, and covered up material facts regarding his receipt of money for the operation of the KAC from officials employed bythe ISIandthe Government of Pakistan. 3. From approximately 1990, and continuing thereafter until approximately July 18, 2011, defendant SYED GHULAM NABI FAI corruptly endeavored to obstruct and impede the due administration ofthe internal revenue laws by (a) arranging the transfer ofat least $3,500,000 to the KAC from employees ofthe ISI and the Government ofPakistan; (b) accepting the transfer ofsuch money to the KAC from the ISI and the Government ofPakistan through Zaheer Ahmad ("Ahmad") and middlemen ("the Straw Donors") who received reimbursement from Ahmad for their transfers to the KAC; (c) providing letters from the KAC to the Straw Donors documenting that the transfers from the Straw Donors to the KAC were tax deductible to the extent provided by law; and (d) concealing from the Internal Revenue Service that the money received from the Straw Donors actually was indirectlygiven to the KAC by the officials employed by ISI and the Government ofPakistan. The parties agree that the amount ofthe tax loss as a result ofthis conduct for purposes ofcalculating the Sentencing Guidelines is at least $200,000 but not more than $400,000. Case 1:11-cr-00561-LO Document 48 Filed 12/07/11 Page 3 of 26 PageID# 241 4. The ISI is a part ofthe Government of Pakistanand is Pakistan'sintelligence service. The KAC is a non-governmental organization located at 1111 16thStreet, Suite420, in Washington, D.C. The KACwas founded in 1990 and also goes by the name "Kashmir Center." 5. On March 22,2007, FAI told agents ofthe FBI that he never met anyone who identified himself as being affiliated with the ISI and that he did not suspect any associates or acquaintances ofbeing ISI officials. 6. On March 22,2010, the Department ofJustice sent FAI a letter notifying him that allegations had appeared in the Indian press that he was an agent ofPakistan, and that, ifhe was an agent ofPakistan, he was required by Foreign Agents Registration Act ("FARA") to register as a foreign agent with the Department ofJustice ("DOJ"). After receiving the letter, FAI sent an e-mail from his residence in Virginia to an associate on April 6,2010, asking him to draft a response for FAI to send to the DOJ. In a later e-mail to the same individual, FAI added, "Please note that KAC is not doing lobbying. It is doing public relations." FARA requires registration, however, ifsuch public relations are conducted at the direction ofa foreign government. 7. On April 12,2010, FAI composed a draft ofhis response to the DOJ letter and emailed it to himself from his residence in Virginia. On April 13,2010, FAI sent a second draft of his response to a second associate, asking her to makeany changesnecessary. On April 16, 2010, FAI drove into Washington, D.C, picked up his secretary from the KAC office, and one or both of themcaused the letter to be sent to the Department of Justice. In his response, he asserted that he had no obligation to register under FARA because the KAC "has neverengaged Case 1:11-cr-00561-LO Document 48 Filed 12/07/11 Page 4 of 26 PageID# 242 in activities on behalf ofthe Islamic Republic ofPakistan or any other foreign entity[ies]." Further, he asserted that KAC or I have never engaged in any activities or provided any services to any foreign entity. And KAC or I have never had written or oral agreements with Pakistan or any other foreign entity. Thereafter, this report categoricallydenies any connection to any foreign agent including Pakistan. 8. On or about July 18,2011, FAI falsely denied to FBI agents in Fairfax, Virginia, that (a) he or the KAC received money from officials employed by the ISI or the Government of Pakistan; (b) he knew individuals employed by the ISI; (c) he had contact with Javeed Aziz, also known as "Brigadier Abdullah", for at least the last ten years; (d) he knew an individual by the name ofSohail Mahmood; (e) he received talking points or other instructions from the ISI and the Government ofPakistan regarding what to say or write; and (f) he received directions from the ISI and the Government Pakistan to invite specific individuals to KAC conferences. 9. Contrary to FAI's representations, FAI submitted budget requests ofapproximately $500,000 to $700,000 per year to officials employed by the Government of Pakistan, including the ISI. The Government ofPakistan partially funded FAI's operations through funds delivered to Ahmad in Pakistan. Ahmad arranged for funds he received from Pakistani officials to be delivered to FAI through Ahmad and a network ofStraw Donors in the United States who were connected to Ahmad. The total amount transmitted from officials ofthe Government ofPakistan to FAI and the KAC through Ahmad since the mid-1990s exceeded $3,500,000. Case 1:11-cr-00561-LO Document 48 Filed 12/07/11 Page 5 of 26 PageID# 243 10. While the KAC did receive some legitimate donations, the majority ofits receipts each year came from a small network of individuals who were closely associated with Ahmad. These individuals include: Contributor Approximate Amount Since 1993 Conspirator AA $595,193 Straw Donor C $30,000 Straw Donor D $132,000 Straw Donor E $240,500 Straw Donor F $40,500 Straw Donor G $96,500 Straw Donor H $259,639 Straw Donor J' $15,000 Straw Donor K $267,000 Straw Donor L $4,000 Medical Group2 $158,000 Zaheer Ahmad $367,700 A. 1995 Documents and the Public Relations Contract 11. The ISI officer responsible for handling Kashmiri affairs in the mid-1990s was identified as Javeed Aziz Khan, also known as "Brigadier Abdullah" ("Khan"). Khan contacted FAI via telephone and facsimile in the mid-1990's. On November 23, 1995, FAI submitted his 1 Straw Donor J also assisted Ahmad in thetransmission of approximately $94,000 in checks drawn offAhmad's checking account to FAI and the KAC. 2 TheMedical Group is a medical practice group that includes physicians Straw Donors G and K - - who are separately listed in the chart, above. Case 1:11-cr-00561-LO Document 48 Filed 12/07/11 Page 6 of 26 PageID# 244 expenses to Khan for reimbursement. The expenses totaled $42,981.45 and were incurred by FAI in connection with his escort ofa visitor to the United States and putting on a program at the United Nations. 12. On December 7,1995, Khan criticized FAI for renewing a contract with a public relations firm without prior authorization from ISI, and notified FAI that the ISI took no responsibility for his unilateral decision to renew that contract. The next day, FAI sent a response to Khan, and explained that, as part ofa strategy to make it appear that the KAC was a Kashmiri organization run by Kashmiris and financed by Americans - - as agreed by FAI and Khan's predecessors on March 20, 1990 - - no one from the Pakistani Embassy would ever contact the public relations firm. FAI argued that, even though he had not shown Khan the contract itself beforehand, Khan had previously told him that Khan had gotten the necessary approvals. In requesting Khan to reconsider the decision to discontinue the use ofthe public relations firm, FAI reminded Khan ofhow closely FAI had been working with Khan and his colleagues: You are aware that we have been working together for the cause for over a decade now.
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