g. The list of items that Headley prepared and emailed to himself relating to the Mickey Mouse Project on December 7, 2008, contains multiple references that do not appear consistent with plans to open an immigration office, including “Route Design (train, bus, air)”; “Cross (Cover Authenticator)”;“Counter surveillance (magic eye)”; “Security (armed)?”; “Zoom”; and “Entry and exit method in the house.” Based on my ( FBI agent's) training and experience, I believe that these notations, particularly in the context of the other information related in this Affidavit, are consistent with planning for a terrorist attack. The list also includes a reference to “Residence for clients.” In my experience, it is unnecessary for the typical immigration services business to provide a residence for its clients; by contrast, a team assigned to carry out a terrorist attack in a city where the team’s members did not reside would need one or more locations to live while preparing to carry out the attack;
h. To date, no advertisements have been placed in the Jyllands-Posten for First World Immigration Services.
On January 24, 2009, Headley departed from Frankfort, Germany, to the United Arab Emirates. From there, he subsequently traveled to Pakistan. On or about March 3, 2009, Headley sent an email to Rana stating that: “As I am traveling and things are so bad these days, I would like to leave a few instructions with you in case of my death or in case I am incapacitated for some reason.” He continued in detail, providing instructions to Rana on how to handle his affairs, including his wishes for his family. In an email response the same day, Rana stated “I acknowledge receipt of this will.” Then, in coded language, Rana directed Headley to communicate with him in a separate email account.
On or about June 11, 2009, Headley returned to Chicago. Once again, Rana arranged for this travel. More specifically, on June 8, 2009, Rana booked the last leg of Headley's travel, a flight from New York to Chicago, on JetBlue Airlines. On or about June 9, 2009, Rana received an email containing a response to a request for travel insurance information for Headley. Further, on or about June 10, 2009, Rana received a confirmation email from JetBlue Airways concerning the last leg of Headley's return to Chicago, his flight from New York to Chicago.
While Headley was in Copenhagen, on August 2, 2009, Rana arranged through a travel agency located at an office building once owned by Rana for airfare for Headley to travel from Copenhagen to Chicago through Atlanta. On August 3, 2009,Rana received an email confirmation from this travel agency, which, in part, forwarded an email from Expedia, an online travel agency. The email stated : “The itinerary is attached below. Thank you for giving us the opportunity to be of service.” A review of the email reveals that the flight booked by Rana was “Copenhagen to Chicago”, the traveler name was Headley and the date of travel was August 5, 2009.On or about August 5, 2009, Headley arrived in Atlanta, Georgia, on a flight from Copenhagen.
On or about August 7, 2009, Lashkar-e-Taiba Member A sent an email asking Headley why he had not been responding. That same day, Headley responded: "Sorry, I just don’t check my mail daily if I don’t expect anyone will write me. I am working at a retaurant owned by Dr. Rana and his friend as a manager.Last week they sent me to Germany to buy some butchery equipment and guess where else I went for 3 days (just for a vacation ) on Dr. Rana’s expense." I (FBI agent) understand that in this message Headley is referring to Copenhagen (inaccurately referenced in the email as Germany) as the place of his “vacation,” the same term that he used in his January 23, 2009 email to Rana during his first trip to Denmark. Further, I (FBI agent) understand that Headley is informing Lashkar-e-Taiba Member A that Rana paid for his travel to Copenhagen.
On or about September 4, 2009, Rana and Individual A spoke by telephone. In coded language, Rana asked Individual A about his earlier arrest: “okay, you remember when you had fever during that time – did you ever faint due to the fever?” Individual A responded, “no, no, no, no, no, no. Th-th-that all was fine, there wasn’t any problem.”Rana then commented, “okay, that is very good.”
On or about September 7, 2009, Headley reported to Rana on the lack of contact between “Doctor [Kashmiri]” and Individual A. Headley expressed concern that his “reports” and “notes” would not be delivered. The pertinent part of the exchange was as follows: Headley:"And, gathering together, whatever reports I had given to [Individual A], he has not been able to pass on the report to him (Kashmiri). It’s been months. There is action going on, you know." Although this conversation was in the Urdu language, Rana used the English word “target.” Based on my (FBI agent's) review of this and other conversations, I understand “defense college” to refer to another overseas target.
Headley: "Today, in the north, after many weeks, there was an attack in the north. It hadn’t happened in months. And, it is in the north, where he live[s]."
Rana: "I see".
Headley: "In any case, I don’t know much, God will help."
Rana: "Whatever happens, hope it is for the best."
Headley: "Yes."
Rana: "When you know that he received the notes, then."
Headley: "God willing, he’ll find a solution."
In this same recorded conversation on September 7, 2009, Headley and Rana discussed and named multiple targets of their planning. More specifically, Headley listed four targets, one of which was “Denmark,” then commented “[a]fter that if I will pray for any other action. God may help me complete this task.”
Later in this same conversation, Rana asked Headley to “pass along a message” to Individual A. Rana then stated words to the effect that “top class” was a “befitting” name for Individual A.
Rana and Headley then discussed a fifth target. More specifically, Headley referred to the earlier discussion, and stated words to the effect of “oh my friend, not four, five, five.”
While Rana laughed, Headley stated “Defense College” twice, and Rana commented “right, this is it. I knew already.” After other discussion, Rana continued “That one, uh, I thought that was the target.”
Headley responded, “I don’t know but once he comes then it will be known, but I am going to ask him to do that one first.”
Rana responded, “In this matter – defense .”
On September 14, 2009, Headley telephoned Rana and advised him of his telephone call with Individual A and advised Rana that Individual A had asked them to pray for “the doctor.” Headley explained that “so far it is a rumor, it is not confirmed yet,” but he may have gotten “married.” Headley continued with words to the effect of “pray that this should not have happened,” and Rana responded “we will talk about this.”
Headley informed Individual A that he would be coming to Pakistan soon “but now there is nothing to do there. Now let us collect unemployment from the company . . . when a company lays off in case of bankruptcy, it discharges employees.” When Individual A tried to assure Headley that Kashmiri’s death was a “small loss,” Headley disagreed and responded: “no, it is not a small loss, it is a major loss.”
In this same conversation, Headley told Individual A that in light of Kashmiri’s reported death, “Now I think you better go back towards him, towards [Lashkar-e-Taiba Member A].” Headley complained to Individual A that “[Lashkar-e-Taiba Member A] and others, and this [an identified individual] and all of them – again they are – their eyes are again in that direction.” He added that Lashkar-e-Taiba Member A and the identified individual were unwilling to take risk and “have rotten guts.” Individual A said: “When in business a person wants to do something, there is risk factor also. They do not want to take risk and they want to be praised also.”
Headley responded, “then there will be no profit because when you have high aim, as much an investment will be risky as much is the chance of profits and at the same time there is chance of loss.”
In the same telephone conversation, Individual A stated that “This is business, sir. These type of things happen.”
Headley responded: “I am just telling you that the companies in your competition they have started handling themselves in a far better way, that is why they all are running in losses profit-wise and market-wise. There are continuous losses and it does not seem that they will recover. In these conditions it looks that there will be bankruptcy in approximately six months, my estimate within . . . six to twelve months is that our companies will be done the way things are going on.”
Individual A responded, “it is as it usually happens that if one company fails then another company will come up.”
On or about September 20, 2009, Headley spoke with a different associate in Pakistan in a recorded telephone conversation. Headley related words to the effect that he had discussed with Rana the fact that “business must go on.” Headley continued: “Main thing that I have an income...make some money. I don’t care that if I am working for Microsoft or I am working for a...any...GE or Philips, I don’t care. As long as I am making money, I don’t give a shit.” Based on my (FBI agent's) review of this and other conversations involving Headley, I believe that Headley is indicating that he does not care whether he works for Kashmiri’s group or Lashkar-e-Taiba, as long as he helps carry out attacks.
On or about September 21, 2009, Headley spoke with Individual A by telephone:
Individual A: "Buddy, the reports that are com-coming in, by the grace of God, he (Kashmiri) is doing well."
Headley: "God willing – uh, uh – you mean the Doctor?"
Individual A: "Yes, yes."
Headley: "Uh, I, Buddy if this is true, then I will say 100 prayers, 100 prayers."
Four days later, on or about September 25, 2009, Rana spoke by telephone with the Consul General at the Pakistani Consulate in Chicago in an effort to obtain a 5-year visa for Headley to travel to Pakistan. It is clear from email traffic unrelated to terrorist plotting that the Consul General knows Rana and Headley personally as all three attended the same high school. However, the Consul General knows Headley by a different name.
In seeking a visa for Headley, Rana stated that he wished to obtain the visa for a white American named Headley who did not have any Pakistani background at all. When the Consul General suggested that Rana send this friend to the consulate, Rana explained that he had sent his friend elsewhere to take care of some unspecified business so that someone else would visit the consulate. It is clear from the foregoing conversation that Rana was attempting to deceive the Consul General into granting a visa for Headley without the Consul General knowing for whom the visa would be issued.
On or about September 30, 2009, Headley and Individual A again spoke by telephone. Individual A informed Headley that “Pir Sahib” is “absolutely all right.”
Headley asked Individual A to “swear” several times, and Individual A responded “I swear, I am telling the truth.” Headley added, “so he does not get married,” and asked “so, then, I will be able to meet him upon returning?” Individual A responded words to the effect of “absolutely, right, and he – just today – just today, was asking about you.” Based on my (FBI agent's) review of this conversation, as well as preceding conversations, I believe that the reference to “Pir Sahib” is Kashmiri.
Shortly after speaking with Individual A, Headley spoke to Rana by telephone. He informed Rana that “Pir Sahab is alive.” Rana responded, “wow, all praise be to God.” Based on recorded conversations with associates and other third parties, Headley intended to travel to Pakistan in early October 2009. Before doing so, Headley intended to travel to Philadelphia from Chicago.
Headley received an email confirmation from Orbitz, an online travel agency, reflecting the purchase of airfare from Chicago to Philadelphia on October 3, 2009. On October 3, 2009, Headley was arrested at O'Hare Airport in Chicago before boarding his scheduled flight to Philadelphia. Agents searched his checked luggage pursuant to a search warrant issued by United States Magistrate Judge Arlander Keys on October 2, 2009. Among other items recovered from Headley's checked luggage were