e. Kashmiri was named in a 12-page charge sheet filed by the Islamabad police in an anti-terrorism court for his role in the November 2008 murder of retired Major General Amir Faisal Alvi, the former General Officer Commanding of the Pakistan Army's Special Services Group. The charge sheet identified three people in the Alvi murder, including retired Major Haroon Ashiq, and alleged that the murder was carried out on the instructions of Kashmiri, who also had provided funds and weapons; and f. Kashmiri also was named in a charge sheet relating to the October 2008 kidnapping of a renowned film producer and distributor. Major Haroon Ashiq was one of the kidnapers. This same article reported that, following his arrest, Major Haroon Ashiq had told interrogators that Haroon, along with his younger brother Captain Khurram, had "joined hands" with Kashmiri in early 2008. The article stated that, according to Haroon, Kashmiri had tasked Haroon with kidnapping affluent people living in urban areas in order to raise money for Kashmiri's group.
On or about September 19, 2009, Headley spoke by telephone to a family member and, using coded language, brought up the subject of Kashmiri's reported death.Headley asked the family member if the family member had learned anything about "doctor," and stated words to the effect of: "[h]e was your Pir Sahib [spiritual guide], where I and you went, we went to Samanabad and we did Baiat [an oath of allegiance]." After the family member responded, "[y]es sir, absolutely, absolutely," Headley continued "he just had a heart attack ... it has made me very sad." Based on my (FBI agent's) review of Headley's communications concerning Kashmiri's death, I believe that the term "heart attack" in this context to be a coded reference to the reported fact that Kashmiri had been killed.
In the same conversation of September 19, 2009, Headley continued to discuss Kashmiri, noting the press coverage following his reported death. Headley stated words to the effect of: "now many other great things about him have come to surface, his supernatural powers and miracles, from his followers and others, yeah, they have also printed a small paper about him and many other things."
Headley, Individual A, and Lashkar-e-Taiba Member A have used several methods of communication, including in-person meetings, telephone conversations (including calls placed using long distance calling cards) and emails. Headley, in particular, utilized a cell phone, the account for which is the name of a deceased individual. In nearly all of their communications, Headley, Individual A, and Lashkar-e-Taiba Member A have used coded language.
Since the beginning of 2008, Headley has communicated through the use of multiple email accounts. As discussed throughout this affidavit, Headley, Lashkar-e-Taiba' Member A, and Individual A have frequently used coded language and changed their methods of communications in order to conceal the nature and content of their communications. For example, on or about August 28, 2009, in a recorded telephone conversation between Headley and Individual A, Headley spoke in coded language to describe a new account that Headley had created for their continued communications. More specifically, after informing Individual A that he had formed an account on the "same system," Headley instructed him to write his colleague's name and his younger brother's name and write the names without spaces and write 1 with it. On or about August 25, 2009, Headley created such an account with a name blending two first names.
Records of email accounts used by Headley reflect that between in or about August 2008 and December 7, 2008, Headley sent multiple email messages from internet addresses located in the Pakistani cities of Karachi and Lahore. On or about December 7,2008, before traveling from Pakistan to the United States that same day, Headley used one of his email accounts to save a list of items, which was titled "Mickey Mouse."
On or about December 16, 2008, Headley sent an email from Chicago, Illinois to Individual A. Among other statements, Headley told Individual A in this email that "I will be going for the Mickey Mouse project in the north in the middle of next month. Let me know any new info on it."
One week later, on or about December 23, 2008, Headley again communicated with Individual A concerning the Mickey Mouse project. More specifically, in an email sent from Chicago, Illinois, to Individual A, Headley stated: " Send me the info on the Mickey Mouse project later when I tell you. For now, should I leave here early or around the 14th like previously planned. Do that special thing you do and tell me. ...Bye, Dave."
On or about December 24, 2008, Individual A responded to Headley's email from the previous day, telling Headley to "try to go as early as possible to MMP." In response, Headley used code to request Individual A to use a different email address to further communicate with Headley. More specifically, Headley stated: "Planning for MMP. Send me info about it on other mail I gave starting with [the first four letters of one of Headley's email accounts]. If you don't have it I will mail you from it. . . . How is your friend Harry?. Did you check the Lady Naipaul link?.Ok take care.Dave59."
The next day, on or about December 25, 2008, Individual A responded: "I know ur other email address, no need to use that address yet..first u visit MMP then we will discuss and c the concerned person if needed, and if your friends decline , we'll do that ,I have discussed with baray log . . ."
As described further below, Headley departed from Chicago on January 13,2009, before arriving in Copenhagen, Denmark days later. Lady Naipaul is a Pakistani journalist and the wife of the late Lord V. S. Naipaul, a Nobel prize winning author. Lady Naipaul also is the sister of Amir Faisal Alvi, the former Pakistani General killed in November 2008, allegedly by a group that included Major Haroon. Although Pakistani press reports reflect that Haroon was arrested by Pakistani police on or about February 24, 2009 in connection with General Alvi's murder, it is noteworthy that this email reference to Individual A's "friend Harry" in the context of "the Lady Naipaul link" occurred in late December 2008, shortly after General Alvi's murder and well before public reports of Haroon's involvement in the murder, and police action against Haroon. I (FBI agent) understand "Harry" to be a reference to Haroon.
I (FBI agent) believe that from a review of emails before and after this exchange, as well as subsequent telephone conversations between Headley and Individual A, discussed more fully below, that Individual A was instructing Headleyto travel to Copenhagen, then travel to Pakistan to meet with Individual A ("we will discuss") and a third party ("c the concerned person"). Based on my (FBI agent's) review of subsequently intercepted communications, I believe that the "concerned person" was Kashmiri.
On January 24, 2009, Headley departed from Frankfurt, Germany to the United Arab Emirates. From there, as discussed below, he subsequently traveled to Pakistan. Records of email accounts reflect that between in or around late January and early March 2009,Headley sent multiple email messages from locations in Pakistan. As described earlier, on December 25, 2008, prior to Headley's departure for Denmark, Individual A instructed Headley as follows: "First u visit MMP then we will discuss and c the concerned person if needed." Further, on December 26, 2008,Headley responded that he would get a "feel of the property" and "return by middle of next month to you [Individual A]." In a later email with the "abdalians" Yahoo group, Headley confirmed his trip to the Federally Administered Tribal Areas ("FATA") region in northwestern Pakistan, bordering Afghanistan, a region in Pakistan in which various terrorist organizations operate. More specifically, on or about May 4, 2009, a member of the group sent an email to the group discussing a recent survey concerning drone attacks in that area.
The member's email stated in relevant part:... "a think tank of researchers and political activists from the NWFP and FATA, conducts research, survey and collects statistics on various issues concerning the Taliban and al-Qaeda terrorism and human security there. Their research teams go deep inside Taliban and al-Qaeda-occupied areas of FATA to collect information. Most of the areas are not accessible to journalists. Between last November and January [the think tank] sent five teams, each made up of five researchers, to the parts of the FATA that are often hit by American drones, to conduct a survey of public opinion about the attacks. The team visited Wana (South Waziristan), Ladda (South Waziristan), Miranshah (North Waziristan),Razmak (North Waziristan) and Parachinar (Kurram agency). According to the email, one of the conclusions of the survey was that the notion that a large majority of the local population supports the Taliban is inaccurate. Further, the sender of the email stated his personal view that the majority of the residents of the FATA saw the enemy as the Taliban and al Qaeda and viewed the drone attacks as not violating the sovereignty of Pakistan.
Headley's sharp response confirmed that he had been to the area occupied by the Taliban and al Qaeda. He stated:"This "survey" is the biggest crock of S ... I was there on some business recently and I assure you this dude is not even close .. I even doubt the ability of the surveyors to conduct this "research" in Miranshah or Razmak. I even challenge [the identified individual who posted the survey article] to just walk around the bazaar in Miranshah. This bazaar is bustling with Chechens,Uzbeks, Tajiks, Russians, Bosnians, some from EU countries and of course our Arab brothers.According to MY survey, the foreign population is a little less than a third of the total. Any Waziri or Mehsud I spoke to seemed grateful to God for the privilege of being able to host the "Foreign Mujahideen."
On or about June 11, 2009, Headley returned to Chicago. In or around mid Summer 2009, Headley became aware that Pakistani authorities had detained Individual A. In that time frame, Headley emailed a contact living in Pakistan. Headley indicated in this email that Individual A had been arrested, and that Headley wished to know whether Individual A would be available to continue working with Headley and Headley's associates.
On or about July 26, 2009, Headley traveled to Europe, visiting various countries enroute to Copenhagen, Denmark. As described further below, during Headley's second visit to Copenhagen, Headley took surveillance video of several locations in Copenhagen Denmark, including the office of the Jyllands-Posten in King's Square in Copenhagen. On or about August 5, 2009, Headley arrived in Atlanta, Georgia, on a flight from Copenhagen, Denmark. An officer with Customs and Border Patrol interviewed Headley upon his entry. Headley stated that he traveled to Copenhagen, Denmark, and elsewhere in Europe for business. Headley claimed to be a consultant for an immigration business. An examination of Headley's luggage revealed no papers,flyers or any documents relating to such business.
Following his return from his second visit to Copenhagen, Headley received an email in response to his inquiry about the arrest of Individual A. The sender wrote, "your friend that u asked about has reached home yesterday. How r u and what r the plans?" Headley replied to the email and stated "thank you. I spoke with him after his arrival." I (FBI agent) understand that when Headley indicated that he "spoke with him after his arrival, "Headley was referring to Individual A. Phone records for Headley's cell phone revealed call the day before he received the above referenced email with a Pakistani phone number.
Following his return from his second visit to Copenhagen, Headley exchanged emails with Lashkar-e-Taiba Member A, regarding, among other topics, his trip to 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: