Approved: Assistant United States Attorneys Southern District of New...

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Approved: ________________________________Joshua KleinMichael A. LevyAssistant United States Attorneys

Before: THE HONORABLE RONALD L. ELLISUnited States Magistrate JudgeSouthern District of New York

-----------------------------------xUNITED STATES OF AMERICA : SEALED COMPLAINT

-v.- : Violations of 17 U.S.C. § 506; 18

MOHAMMED GHOUTI LAKHDAR, : U.S.C. §§ 2319, 2318, and a/k/a “Vinny,” 371 a/k/a “Winnie,” :OMAR A. LAKHDAR, COUNTY OF OFFENSE: a/k/a “the Arab,” : NEW YORKMARCOS BAUZO, a/k/a “Spanish Mike,” : a/k/a “Mike,”DENNIS BOWSER, :HECTOR VAZQUEZ,ULISES PLACENCIA : a/k/a “Ulysses,”MAMADOU DIALLO, : a/k/a “Ali,”ZABERIOU GARBA, : a/k/a “Fatale,” a/k/a “Amoud,” :TEJON LNU, a/k/a “Tall Tejon,” : a/k/a “TJ119,”MUHAMMAD BILAL, : a/k/a “Hamid,” a/k/a “Ahmed,” : a/k/a “Amadou Sow,”TEJON LNU, : a/k/a “Short Tejon,” a/k/a “Fifth Avenue Tejon,” : a/k/a “TJ124”ABDUL HALIM, : a/k/a “Sadu,”

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AMADOU DIALLO, : a/k/a “Barrie,”ALPHA A. BARRIE, : a/k/a “Diego,” a/k/a “Jaygo,” :BARRY SADA, a/k/a “the President,” :LEO MARTINEZ,RAFAEL GONZALES, :HERB LNU, RICHIE LNU, :FNU LNU, a/k/a “Boubacar,” and :MIGUEL LNU, a/k/a “Miguel Garcia,” : a/k/a “Miguel Diaz,”

:Defendants.

:-----------------------------------x

SOUTHERN DISTRICT OF NEW YORK, ss.:

SCOTT MCGAUNN, being duly sworn, deposes and says thathe is a Special Agent with the Federal Bureau of Investigation("FBI") and charges as follows:

COUNT ONE

(Conspiracy)

1. From in or about 1999 through in or about June2006, in the Southern District of New York and elsewhere,MOHAMMED GHOUTI LAKHDAR, a/k/a “Vinny,” a/k/a “Winnie,”(“MOHAMMED LAKHDAR”), OMAR A. LAKHDAR, a/k/a “the Arab,” (“OMARLAKHDAR”), DENNIS BOWSER, ULISES PLACENCIA, a/k/a “Ulysses,”(“ULISES PLACENCIA”), MAMADOU DIALLO, a/k/a “Ali,” (“MAMADOUDIALLO”), ZABERIOU GARBA, a/k/a “Fatale,” a/k/a “Amoud,”(“ZABERIOU GARBA”), TEJON LNU, a/k/a “Tall Tejon,” a/k/a “TJ119,”(“TALL TEJON”), MUHAMMAD BILAL, a/k/a “Hamid,” a/k/a “Ahmed,”a/k/a “Amadou Sow,” (“MUHAMMAD BILAL”), FNU LNU, a/k/a“Boubacar,” (“BOUBACAR”), TEJON LNU, a/k/a “Short Tejon,” a/k/a“Fifth Avenue Tejon,” a/k/a “TJ124,” (“SHORT TEJON”), ABDULHALIM, a/k/a “Sadu,” (“ABDUL HALIM”), RICHIE LNU, AMADOU DIALLO,a/k/a “Barrie,” (“AMADOU DIALLO”), ALPHA A. BARRIE, a/k/a“Diego,” a/k/a “Jaygo,” (“ALPHA BARRIE”), BARRY SADA, a/k/a “thePresident,” (“BARRY SADA”), LEO MARTINEZ, RAFAEL GONZALES, MIGUELLNU, a/k/a “Miguel Garcia,” a/k/a “Miguel Diaz,” (“MIGUEL LNU”),

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and HERB LNU, the defendants, and others known and unknown, eachunlawfully, willfully, and knowingly, did combine, conspire,confederate, and agree together and with each other to commitoffenses against the United States, to wit, to violate Title 17,United States Code, Section 506(a)(1), Title 18, United StatesCode, Section 2319(b)(1), and Title 18, United States Code,Section 2318(a)(1) by obtaining, reproducing, and distributing,unauthorized copies of numerous copyrighted motion picturesthroughout the United States.

Criminal Copyright Infringement

2. It was a part and an object of the conspiracy thatMOHAMMED LAKHDAR, OMAR LAKHDAR, DENNIS BOWSER, ULISES PLACENCIA,MAMADOU DIALLO, ZABERIOU GARBA, TALL TEJON, MUHAMMAD BILAL, SHORTTEJON, ABDUL HALIM, AMADOU DIALLO, ALPHA BARRIE, BARRY SADA, LEOMARTINEZ, RAFEL GONZALES, HERB LNU, RICHIE LNU, BOUBACAR, andMIGUEL LNU, the defendants, and others known and unknown,unlawfully, willfully, and knowingly would and did infringecopyrights for purposes of commercial advantage and privatefinancial gain and by the reproduction and distribution,including by electronic means, during a 180-day period, of tenand more copies and phonorecords, of one and more copyrightedworks, which would and did have a total retail value of more than$2,500, in violation of Title 17, United States Code, Section506(a)(1), and Title 18, United States Code, Section 2319(b)(1).

Trafficking In Counterfeit Labels, Documentation, and Packaging

3. It was further a part and an object of the conspiracythat MOHAMMED LAKHDAR, OMAR LAKHDAR, DENNIS BOWSER, ULISESPLACENCIA, MAMADOU DIALLO, ZABERIOU GARBA, TALL TEJON, MUHAMMADBILAL, SHORT TEJON, ABDUL HALIM, AMADOU DIALLO, ALPHA BARRIE, BARRYSADA, LEO MARTINEZ, RAFEL GONZALES, HERB LNU, RICHIE LNU, BOUBACAR,and MIGUEL LNU, the defendants, and others known and unknown,unlawfully, willfully, and knowingly, would and did traffic in acounterfeit label and illicit label affixed to, enclosing, andaccompanying, and designed to be affixed to, enclose, and accompany,a copy of a copyrighted motion picture and other audiovisual work,in violation of Title 18, United States Code, Section 2318(a)(1).

Overt Acts

4. In furtherance of the conspiracy and to effect itsunlawful objects, the following overt acts, among others, werecommitted in the Southern District of New York and elsewhere:

a. In or about 2001, OMAR LAKHDAR, the defendant,

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acting on behalf of himself and MOHAMMED LAKHDAR, the defendant, metwith an individual referred to herein as “CW-1” in New York, NewYork, and negotiated an agreement to release counterfeit movies inunison at 3:00 p.m. on Fridays.

b. At various times, including in or about 2004,ALPHA BARRIE and AMADOU DIALLO, the defendants, operated acounterfeit movie Wholesale business located on Lexington Avenue,New York, New York.

c. On or about August 19, 2004, CW-1 met with SHORTTEJON, MUHAMMAD BILAL, and TALL TEJON, the defendants, in New York,New York at which time CW-1 sold to SHORT TEJON seven counterfeitcopies of the motion picture “AVP: Alien vs. Predator” for $280 andsold to each of BILAL and TALL TEJON eight counterfeit copies of themotion picture “AVP: Alien vs. Predator” for $40 per copy.

d. In or about August 2004, LEO MARTINEZ, thedefendant, printed 15,000 Paper Inserts for the movie “Exorcist: TheBeginning,” which he sold to CW-1. CW-1, in turn, sold 4,000 PaperInserts apiece to SHORT TEJON, BILAL, and TALL TEJON for $280 apiecefrom SHORT TEJON and BILAL, and $320 from TALL TEJON.

e. On or about August 30, 2004, ULISES PLACENCIA,the defendant, offered to sell CW-1 tickets for screenings of themotion pictures “Wicker Park” and “Cellular,” knowing that CW-1intended to film those movies and then create and distributecounterfeit Masters of those movies.

f. On or about June 17, 2004, MAMADOU DIALLO, thedefendant, delivered to an undercover law enforcement agent apackage of items the agent had ordered from DIALLO, consisting ofcounterfeit Master copies of the movies “The Stepford Wives,” “TheChronicles of Riddick,” and “Garfield: The Movie,” and 500 PaperInserts for “The Stepford Wives,” 500 Paper Inserts for “Garfield,”and 1,500 Paper Inserts for “The Chronicles of Riddick.”

g. In or about October 2004, ABDUL HALIM, thedefendant, approached CW-1, in New York, New York, to request thatCW-1 begin selling him counterfeit movies.

(Title 18, United States Code, Section 371.)

COUNT TWO

(Copyright Infringement)

5. From in or about 1999 through in or about June 2006,

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in the Southern District of New York, and elsewhere, MOHAMMEDLAKHDAR, OMAR LAKHDAR, MAMADOU DIALLO, TALL TEJON, MUHAMMAD BILAL,SHORT TEJON, ABDUL HALIM, AMADOU DIALLO, ALPHA BARRIE, and BARRYSADA, the defendants, unlawfully, willfully, and knowingly didinfringe copyrights for purposes of commercial advantage and privatefinancial gain by the reproduction and distribution, including byelectronic means, during a 180-day period, of ten and more copiesand phonorecords, of one and more copyrighted works, which had atotal retail value of more than $2,500, to wit, MOHAMMED LAKHDAR,OMAR LAKHDAR, MAMADOU DIALLO, TALL TEJON, MUHAMMAD BILAL, SHORTTEJON, ABDUL HALIM, AMADOU DIALLO, ALPHA BARRIE, and BARRY SADA,obtained, reproduced and distributed unauthorized copies of numerouscopyrighted motion pictures throughout the United States in exchangefor payments totaling thousands of dollars.

(Title 17, United States Code, Section 506(a)(1)(A) and Title 18, United States Code, Sections 2319(b)(1) and 2.)

COUNT THREE

(Trafficking in Counterfeit Labels)

6. From in or about 1999 through in or about June 2006,in the Southern District of New York, and elsewhere, MOHAMMEDLAKHDAR, OMAR LAKHDAR, MAMADOU DIALLO, TALL TEJON, MUHAMMAD BILAL,SHORT TEJON, ABDUL HALIM, AMADOU DIALLO, ALPHA BARRIE, BARRY SADA,LEO MARTINEZ, RAFAEL GONZALES, HERB LNU, and MIGUEL LNU, thedefendants, unlawfully, willfully, and knowingly would and didtraffic in a counterfeit label and illicit label affixed to,enclosing, and accompanying, and designed to be affixed to, enclose,and accompany, a copy of a copyrighted motion picture and otheraudiovisual work, to wit, MOHAMMED LAKHDAR, OMAR LAKHDAR, MAMADOUDIALLO, TALL TEJON, MUHAMMAD BILAL, SHORT TEJON, ABDUL HALIM, AMADOUDIALLO, ALPHA BARRIE, BARRY SADA, LEO MARTINEZ, RAFAEL GONZALES,HERB LNU, and MIGUEL LNU, distributed thousands of counterfeit PaperSheets that accompanied, and were for the purpose of packaging,numerous counterfeit copies of copyrighted motion pictures.

(Title 18, United States Code, Sections 2318(a)(1) and 2.)

COUNT FOUR

(Conspiracy)

7. From in or about June 2003 through in or aboutDecember 2004, in the Southern District of New York and elsewhere,MOHAMMED LAKHDAR, MARCOS BAUZO, and HECTOR VAZQUEZ, the defendants,and others known and unknown, each unlawfully, willfully, and

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knowingly, did combine, conspire, confederate, and agree togetherand with each other to commit offenses against the United States, towit, to violate Title 17, United States Code, Section 506(a)(1), andTitle 18, United States Code, Section 2319(b)(1), by obtaining and reproducing unauthorized copies of numerous copyrighted motionpictures in the United States, and distributing those unauthorizedcopies internationally.

8. It was a part and an object of the conspiracy thatMOHAMMED LAKHDAR, MARCOS BAUZO, and HECTOR VAZQUEZ, the defendants,and others known and unknown, unlawfully, willfully, and knowinglywould and did infringe copyrights for purposes of commercialadvantage and private financial gain and by the reproduction anddistribution, including by electronic means, during a 180-dayperiod, of ten and more copies and phonorecords, of one and morecopyrighted works, which would and did have a total retail value ofmore than $2,500, in violation of Title 17, United States Code,Section 506(a)(1), and Title 18, United States Code, Section2319(b)(1).

Overt Acts

9. In furtherance of the conspiracy and to effect itsunlawful objects, the following overt acts, among others, werecommitted in the Southern District of New York and elsewhere:

a. At various times between June 2003 and September2004, MOHAMMED LAKHDAR, the defendant, met with CW-2 in New York,New York, and provided CW-2 with counterfeit copies of variousmotion pictures for purpose of distributing those counterfeit copiesoverseas.

b. On or about September 17, 2004, MOHAMMEDLAKHDAR, the defendant, provided CW-2 with a DV (digital video) tapecontaining a counterfeit copy of the motion picture “Sky Captain andthe World of Tomorrow,” which had been released in theaters thatday.

c. On or about September 30, 2004, an individuallocated overseas, referred to herein as “CC-3,” informed CW-2 thatMOHAMMED LAKHDAR would meet CW-2 at 1:30 a.m. on October 1, 2004with a counterfeit copy of the motion picture “Ladder 49.”

d. On or about November 4, 2004, CW-2 met withMARCOS BAUZO, the defendant, in Lake Success, New York and providedhim with $2,000, which CW-2 had received from contacts overseas, aspayment for counterfeit movies that BAUZO had provided to thosecontacts, through CW-2, in the past.

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COUNT FIVE


10. From in or about June 2003, through in or aboutDecember 2004, in the Southern District of New York and elsewhere,HECTOR VAZQUEZ, the defendant, unlawfully, willfully, and knowinglydid infringe copyrights for purposes of commercial advantage andprivate financial gain by the reproduction and distribution,including by electronic means, during a 180-day period, of ten andmore copies and phonorecords, of one and more copyrighted works,which had a total retail value of more than $2,500, to wit, HECTORVAZQUEZ obtained and reproduced unauthorized copies of numerouscopyrighted motion pictures in the United States, and distributedthose unauthorized copies internationally in exchange for monetarypayments.


COUNT SIX


11. From in or about June 2003, through in or aboutDecember 2004, in the Southern District of New York and elsewhere,MOHAMMED LAKHDAR the defendant, unlawfully, willfully, and knowinglydid infringe copyrights for purposes of commercial advantage andprivate financial gain by the reproduction and distribution,including by electronic means, during a 180-day period, of ten andmore copies and phonorecords, of one and more copyrighted works,which had a total retail value of more than $2,500, to wit, MOHAMMEDLAKHDAR obtained and reproduced unauthorized copies of numerouscopyrighted motion pictures in the United States, and distributedthose unauthorized copies internationally in exchange for monetarypayments.


COUNT SEVEN


12. From in or about June 2003 through in or aboutDecember 2004, in the Southern District of New York and elsewhere,MARCOS BAUZO the defendant, unlawfully, willfully, and knowingly didinfringe copyrights for purposes of commercial advantage and private

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financial gain by the reproduction and distribution, including byelectronic means, during a 180-day period, of ten and more copiesand phonorecords, of one and more copyrighted works, which had atotal retail value of more than $2,500, to wit, MARCOS BAUZOobtained and reproduced unauthorized copies of numerous copyrightedmotion pictures in the United States, and distributed thoseunauthorized copies internationally in exchange for monetarypayments.


The bases for my knowledge and the foregoing charges are,in part, as follows:

13. I am a Special Agent with the FBI. I am familiarwith the facts and circumstances set forth below, and this affidavitis based upon my personal participation in the investigation, myexamination of reports and records, and my conversations with otherlaw enforcement agents and other individuals. Because thisaffidavit is being submitted for the limited purpose ofdemonstrating probable cause, it does not include all the facts thatI have learned during the course of my investigation. Where thecontents of documents and the actions, statements, and conversationsof others are reported herein, they are reported in substance and inpart, except where otherwise indicated.

BACKGROUND CONCERNING THE COUNTERFEIT MOVIE TRAFFICKING INDUSTRY

14. Starting in the fall of 2003, I began participatingin an investigation of various individuals, located in New York, NewYork, who were suspected of trafficking in counterfeit copies ofmajor motion pictures. As a result of my investigation, Iultimately learned that numerous individuals, located in New York,New York (the “New York Counterfeiters”) were, collectively,responsible for millions of counterfeit copies of motion pictures incirculation around the world. I further discovered that the NewYork Counterfeiters had been working in concert with scores ofindividuals located in cities throughout the United States, todistribute and sell the counterfeit movies.

15. In addition, I learned that certain of the New YorkCounterfeiters were working in conjunction with others, locatedoverseas, including in Pakistan and in Singapore, to distribute thecounterfeit movies internationally, via the internet.

16. Based on conversations with three individuals, one ofwhom has pleaded guilty to crimes, and two of whom intend to plead

1 CW-3 has pleaded guilty to movie piracy related charges,pursuant to a cooperation agreement. It is my understanding thatCW-1 and CW-2 intend to plead guilty shortly, to movie piracyrelated charges, pursuant to separate cooperation agreements. CW-1, CW-2 and CW-3 have provided reliable information to date. Much of the information they have provided has been corroboratedby one another, by surveillance, and through reviews of taperecordings made by undercover agents, as well as recordings madeby CW-1 and CW-2, who also worked in an undercover capacity atthe direction of the FBI, after they began to cooperate.

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guilty to crimes shortly, and all of whom are cooperating with theFBI’s investigation (hereinafter referred to as “CW-1,” “CW-2,” and“CW-3,” respectively),1 conversations with representatives of theMotion Picture Association of America (the “MPAA”), surveillance ofvarious New York Counterfeiters, undercover operations, andmaterials obtained from searches of the residence and businesspremises, respectively, of two of the New York Counterfeiters, Ihave learned, among other things, the following:

a. The counterfeit movie copies were produced byindividuals known as “Cammers,” who used video recording devices(“camcorders” or “videocameras”) to film unauthorized copies ofmotion pictures as those motion pictures were exhibited in movietheaters located primarily in New York City and nearby areas,including Rockland County, New Jersey and Connecticut (the “New YorkCity Area”). The Cammers then sold “Master Copies” or “Masters” ofthe motion pictures they had recorded -- on videocassettes duringthe early phase of the conspiracy, and on DVD during the later phaseof the conspiracy -- to various wholesalers or distributors (the“Distributors” or “Wholesalers”). The Wholesalers, in turn,distributed the Masters to manufacturers throughout the UnitedStates (the “Manufacturers”) who would then duplicate thecounterfeit movies on a mass scale and sell the counterfeit copiesto retailers in the United States (the “U.S. Retailers”).

b. Before distributing the counterfeitvideocassettes to the Manufacturers, the Wholesalers purchasedcardboard boxes (“Paper Sleeves”) containing printed images andartwork associated with the pirated motion pictures, fromindividuals known as “Printers.” These Paper Sleeves were used tomarket and package the counterfeit videocassettes. Later, as theconspirators began producing and distributing DVDs instead ofvideocassettes, the Wholesalers would purchase paper movie insertsfor the counterfeit DVDs (“Paper Inserts”) that contained similarprinted images and artwork (hereinafter, the Paper Sleeves and Paper

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Inserts are collectively referred to as the “Paper Sheets”). Likethe Paper Sleeves, the Paper Inserts were also used to market andpackage the counterfeit movies.

c. The Wholesalers then sold thousands of PaperSheets to Manufacturers in conjunction with the sale of each Master. The Manufacturers, in turn, used the Masters to mass producecounterfeit videocassettes and DVDs, which they packaged in thePaper Sheets, and then sold to the U.S. Retailers who, in turn, soldthe final counterfeit product to their individual customers.

d. Certain of the New York Counterfeitersdistributed the Masters internationally, via the Internet, throughdistribution hubs located overseas, including in Pakistan andSingapore, by uploading the counterfeit motion pictures to theinternet, either from a DVD or directly from the actual DV tapecontained in the camcorders that were used to film the copyrightedmotion pictures in movie theaters.

BACKGROUND OF THE INVESTIGATION

17. The investigation of the New York Counterfeiters wastriggered by a telephone call that the FBI received, on or aboutJuly 30, 2003, from a representative of the MPAA. During thattelephone call, the MPAA representative (the “MPAA Rep”) advised anFBI Special Agent (“Special Agent-1”) that:

a. The MPAA was concerned because they had recentlylearned that an unauthorized counterfeit copy of the movie, “TheMatrix Reloaded,” had been circulating on the internet. The MPAARep stated that the MPAA had been advised, by Warner Brothers, Inc.,that they had determined, based on certain digital codes embedded inthe movie (and which are, incidentally, embedded in a number ofmotion pictures, and operate as a fingerprint of sorts), that thecounterfeit version of “The Matrix Reloaded” circulating on theinternet had been camcorded during a technical screening, commonlyreferred to, in the movie business, as a “tech screening,” in anauditorium at the Loews Orpheum theater in New York, New York.

b. The MPAA, through its own sources andinvestigation into movie piracy in the New York area, had identifiedthree individuals located in New York, New York, whom they believedto be involved in movie piracy, two of whom they knew as: “VinnyLakhdar,” and “Omar Lakhdar.”

18. Following the telephone call between Special Agent-1and the MPAA Rep, in or about September 2003, Special Agent-1 and Iinterviewed members of the staff of the Loews Orpheum Theater, both

2 In addition, based on my training and experience, and oninformation provided to me by the MPAA, I know that each of themotion pictures mentioned throughout this Complaint is protectedby copyright.

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at the theater itself, and at the FBI’s offices in Manhattan. Basedon these interviews, we learned that one of the movie employees hadallowed an individual whom he knew as “Vinny” into the auditoriumwhere “The Matrix Reloaded” was showing and that Vinny may havefilmed that movie.

19. Also, on or about October, 24, 2003, Special Agent-1and I interviewed a confidential informant (“CI-1”) who informed usthat an individual named “Hector” whom we later identified as HECTORVAZQUEZ, the defendant, one of the New York Counterfeiters, wasinvolved in movie counterfeiting activities.

20. Starting in or about December 2003, CI-1 agreed toassist the FBI’s investigation of the New York Counterfeiters. Fromin or about December 3, 2003, through in or about February 26, 2004,CI-1, at the direction of the FBI, purchased several counterfeitedmovies from HECTOR VAZQUEZ, the defendant, in exchange for a totalof approximately $2,000. At CI-1’s request, VAZQUEZ uploadedcounterfeit copies of these movies to an internet site provided bythe FBI, purportedly for distribution, but from which site the FBIthen download these counterfeit movies. The counterfeit moviesuploaded to the internet by VAZQUEZ during this time frame, whichthe FBI then downloaded, included the following movies:

a. Cheaper By The Dozenb. The Last Samuraic. Lord of the Rings: The Return of the Kingd. Mona Lisa Smilee. The Big Bouncef. Barbershop 2: Back in Businessg. The Passion of the Christ

21. Based on my training and experience, and oninformation provided to me by the MPAA, I know that each of themotion pictures discussed in paragraph 20 above is protected bycopyright.2 I know the copies of these movies to have been piratedbecause no legitimate copies of these movies were then available forsale. In fact, the official theater release dates for certain ofthese movies had not yet come to pass. Also, based on informationprovided to me by the MPAA, I know that the average retail value ofeach counterfeit copy of a motion picture is approximately $19.00. Given that numerous of the counterfeit Masters of each motion

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picture discussed herein, including both the movies discussed in paragraph 20 above, as well as the other motion pictures mentionedherein, were replicated into thousands, if not millions of retailcopies, in less than 180 days, I know that the defendantsdistributed, including by electronic means, more than ten copies ofat least one or more copyrighted work during several 180-dayperiods, which copies that were distributed within each 180-dayperiod had a total retail value of more than $2,500.

The Undercover Operation

22. On or about February 27, 2004, CI-1 introduced an FBIundercover agent (“UCA-1”), who posed as an associate of CI-1 fromCalifornia, to HECTOR VAZQUEZ, the defendant, at Katz’s deli, in NewYork, New York. UCA-1 recorded this meeting. Based on my review ofthe recording of this meeting, I know that VAZQUEZ discussed variousaspects of the counterfeiting business with UCA-1, including thelogistics involved in uploading and downloading counterfeit moviesto and from the internet. Among other things, VAZQUEZ stated,during this meeting, that: “I send shit to China on a weekly basis,”and “You’re working with shit that’s illegal.”

23. On or about March 5, 2004, in Queens, New York, CI-1introduced HECTOR VAZQUEZ, the defendant, to another undercoveragent (“UCA-2”), who posed as a local associate of UCA-1. Asdiscussed further below, UCA-2 had extensive dealings with a numberof the New York Counterfeiters, over a period spanning nearly oneyear.

The Cooperation of CW-1, CW-2 and CW-3

24. On or about June 19, 2004, CW-1 contacted the FBI,admitted his involvement in movie counterfeiting activities, and,shortly thereafter, began to cooperate with the FBI’s investigation. Subsequently, CW-1, acting at the direction of the FBI, recordedconversations of numerous meetings and telephone calls with a numberof the New York Counterfeiters, during the course of the last twoyears.

25. On or about August 24, 2004, I, along with other FBIagents, executed a search of the home of CW-2. Shortly thereafter,CW-2 began to cooperate with the FBI and recorded numerous telephonecalls and meetings, including with certain of the New YorkCounterfeiters, primarily from in or about September 2004 through inor about December 2004.

26. In or about January 2006, CW-3 was arrested andcharged with movie piracy related charges. Shortly following CW-3's

3 The information set forth in this paragraph, as well asparagraphs 28 through 53 is based on the sources identified inparagraph 16 above.

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arrest, CW-3 began cooperating with the FBI.

The New York Counterfeiters

The Cammers

27. At various times relevant to this Complaint, MOHAMMEDLAKHDAR, the defendant, was a Cammer who created counterfeit Mastersof copyrighted motion pictures by using a camcorder to film motionpictures in movie theaters without authorization. LAKHDAR conspiredwith others to distribute copies of the counterfeit Mastersthroughout various cities within the United States, and,internationally, through hubs located overseas, including inPakistan and Singapore.3

28. At various times relevant to this Complaint, OMARLAKHDAR, the defendant, together with his brother, MOHAMMED LAKHDAR,and others, was in the business of distributing counterfeit Mastersto various Wholesalers, including through hubs located overseas,including in Pakistan and Singapore.

29. At various times relevant to this Complaint, MARCOSBAUZO, the defendant, was a Cammer who created counterfeit Mastersof copyrighted motion pictures by using a camcorder to film motionpictures in movie theaters without authorization, which he thendistributed internationally, through hubs located overseas,including in Pakistan and Singapore.

30. At various times relevant to this Complaint, DENNISBOWSER, the defendant, was a Cammer who created counterfeit Mastersof copyrighted motion pictures by using a camcorder to film motionpictures in movie theaters without authorization, which he sold toothers.

31. At various times relevant to this Complaint, HECTORVAZQUEZ, the defendant, provided counterfeit Masters to CW-2, fordistribution overseas, including to Pakistan and Singapore.

32. At various times relevant to this Complaint, ULISESPLACENCIA, the defendant, operated as a ticket scalper who soldtickets for movie screenings to various Cammers for the purpose ofenabling them to create counterfeit movies that they could thendistribute.

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The Wholesalers

33. At various times relevant to this Complaint,MAMADOU DIALLO, the defendant, operated as a Wholesaler at variouslocations in New York City.

34. At various times relevant to this Complaint, ZABERIOUGARBA, the defendant, assisted TALL TEJON and MAMADOU DIALLO inwholesaling counterfeit motion pictures.

35. At various times relevant to this Complaint, TALLTEJON, the defendant, operated as a Wholesaler at various locationsin New York City.

36. At various times relevant to this Complaint, MUHAMMADBILAL, the defendant, operated as a Wholesaler.

37. At various times relevant to this Complaint,BOUBACAR, the defendant, worked at the store operated by MUHAMMADBILAL, selling counterfeit Masters and Paper Sheets.

38. At various times relevant to this Complaint, SHORTTEJON, the defendant, operated as a Wholesaler at various locationsin New York City.

39. At various times relevant to this Complaint, ABDULHALIM operated as a Wholesaler at various locations in New YorkCity.

40. At various times relevant to this Complaint, RICHIELNU, the defendant, worked at the store operated by ABDUL HALIM,selling counterfeit Masters and Paper Sheets.

41. At various times relevant to this Complaint, AMADOUDIALLO, the defendant, operated as a Wholesaler at various locationsin New York City.

42. At various times relevant to this Complaint, ALPHABARRIE, the defendant, assisted AMADOU DIALLO in wholesalingcounterfeit motion pictures.

43. At various times relevant to this Complaint, BARRYSADA, the defendant, operated as a Wholesaler at various locationsin New York City.

The Printers

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44. At various times relevant to this Complaint, LEOMARTINEZ, the defendant, operated as a Printer of counterfeit PaperSheets at various locations in New York City.

45. At various times relevant to this Complaint, RAFAELGONZALES, the defendant, operated as a Printer of counterfeit PaperSheets at various locations in New York City.

46. At various times relevant to this Complaint, MIGUELLNU, the defendant, assisted RAFAEL GONZALES in operating hiscounterfeit printing business.

47. At various times relevant to this Complaint, HERBLNU, the defendant, operated as a Printer of counterfeit PaperSheets at various locations in New York City.

Others Who Conspired With Certain New York Counterfeiters

48. At various times relevant to this Complaint, CW-1 wasa Cammer who created counterfeit Masters of copyrighted motionpictures by using a camcorder to film motion pictures in movietheaters without authorization. At various times relevant to thisComplaint, CW-1 also purchased Paper Sleeves from various Printers,and distributed them to various Wholesalers.

49. At various times relevant to this Complaint, CW-2obtained counterfeit films from certain New York Counterfeiters anddistributed them via the internet to contacts in Pakistan andSingapore.

50. At various times relevant to this Complaint, CW-3obtained counterfeit films from various New York Counterfeiters anddistributed them throughout various cities in the United States. Also, in or about 1999, CW-3 was engaged by RAFAEL GONZALES, aPrinter, to design artwork for the Paper Sleeves he printed. Also,at various times relevant to this Complaint, CW-3 purchased PaperSheets from certain Printers, including, among others, GONZALES andanother Printer named HERB LNU, which he then distributed to variousWholesalers.

51. From in or about June 2003, through in or aboutDecember 2004, an individual located in Karachi, Pakistan, andreferred to herein as “CC-1,” conspired with CW-2, HECTOR VAZQUEZ,the defendant, MOHAMMED LAKHDAR, the defendant, MARCOS BAUZO, the

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defendant, two individuals located in Singapore, referred to hereinas “CC-2” and “CC-3,” respectively, and others, to obtain motionpictures from the United States, for international distribution.

52. From in or about June 2003, through in or aboutDecember 2004, CC-2 conspired with CC-1, CC-3, CW-2, HECTOR VAZQUEZ,the defendant, MOHAMMED LAKHDAR, the defendant, MARCOS BAUZO, thedefendant, and others, to obtain motion pictures from the UnitedStates, for international distribution.

53. From in or about June 2003, through in or aboutDecember 2004, CC-3 conspired with CC-1, CC-2, CW-2, HECTOR VAZQUEZ,the defendant, MOHAMMED LAKHDAR, the defendant, MARCOS BAUZO, thedefendant, and others, to obtain motion pictures from the UnitedStates, for international distribution.

THE COUNTERFEITING AND TRAFFICKING SCHEMES

54. Based on several meetings and conversations with CW-1and CW-3, as well as various recordings between CW-1 and certain NewYork Counterfeiters, I know that from in or about 1999 through in orabout 2003, the counterfeit movies were distributed through massproduced videocassettes. Subsequently, from in or about 2003through in or about June 2006, the counterfeit movies weredistributed through mass produced DVDs.

Creating The Counterfeit Masters

55. Based on several meetings and conversations with CW-1and CW-3, as well as various recordings between CW-1 and certain NewYork Counterfeiters, I also know the following:

a. From in or about 1999 through in or about June2006, New York City operated as a major hub for the production anddistribution of counterfeit Masters and Paper Sheets. Specifically,Masters were created by Cammers in New York City and then sold toWholesalers, also based in New York City. Paper Sheets weregenerated by Printers in New York City and then also sold toWholesalers. Wholesalers, in turn, sold individual Masters, coupledwith thousands of Paper Sheets, to Manufacturers located both in NewYork City as well as other cities throughout the United States. TheManufacturers duplicated the Masters on a mass scale, packaged theresulting videocassettes and DVDs in Paper Sheets, and sold thesecounterfeit copies to the U.S. Retailers, who in turn, sold millionsof copies of pirated motion pictures to their retail customers. During this time frame, counterfeit Masters were produced for

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approximately two or three motion pictures per week, as soon as themotion pictures were released for public viewing in movie theaters(and, in some cases, prior to their theatrical release dates).

b. In order to produce the counterfeit Masters,MOHAMMED LAKHDAR, MARCOS BAUZO, and DENNIS BOWSER, the defendants,and others, known and unknown, filmed motion pictures in movietheaters throughout the New York City Area. Typically, when filminga motion picture inside a movie theater, the Cammers worked with ahandful of other individuals who functioned as “blockers.” Theblockers would sit in strategic positions surrounding the Cammers soas to camouflage and conceal their filming activities. This alsohelped to minimize excess crowd noise, prevent people from blockingthe view of the video camera, and provide a direct camera angleallowing full screen capture.

c. Thus, for example, CW-3 accompanied MOHAMMEDLAKHDAR to filmings on several occasions and worked as a blocker,helping to conceal LAKHDAR’s illegal filming activities. Likewise,MARCOS BAUZO, and DENNIS BOWSER, the defendants, and CW-1, eachworked with their own crew of blockers when conducting their ownillegal filming activities.

d. After filming a newly released movie in a movietheater, the Cammers would create multiple Masters for resale. Counterfeit copies of movies that had already been released intheaters to the public were referred to as “bootlegs.” In addition,certain Cammers were sometimes able to film and create counterfeitMasters of motion pictures released only for viewing by a selectiveaudience, prior to the date on which the movies were released to thegeneral public. Copies of movies that had not yet been released intheaters to the general public were referred to as “screenercopies.” In order to gain access to private screenings, Cammersobtained tickets from individuals such as ULISES PLACENCIA, thedefendant, who sold tickets to CW-1 and others, for approximately$50 per ticket, knowing that the Cammers intended to illegally filmand distribute the copyrighted movie. Similarly, MOHAMMED LAKHDAR,the defendant, also had access to private screenings, which enabledhim to distribute counterfeit Masters of certain motion picturesprior to their release to the general public.

e. The Manufacturers, the U.S. Retailers, and theircustomers, were eager to obtain counterfeit movie copies as early aspossible. Accordingly, because the counterfeit screener copiescould be released earlier than the bootlegs -- and, indeed, prior tothe movies’ general release date -- screener copies were in high

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demand. The demand to acquire counterfeit Masters as early aspossible spawned competition among the Cammers to be the first tofilm and distribute a counterfeit Master of a particular motionpicture. Typically, the first Cammer to create a counterfeit Masterof a particular motion picture would profit handsomely. Cammers whoreleased their Masters at a later date, however, had difficultycapitalizing on the market for counterfeit copies of that particularmovie.

f. Consequently, in or about 2001, OMAR LAKHDAR,the defendant, acting on behalf of himself and his brother, MOHAMMEDLAKHDAR, the defendant, met with CW-1 and negotiated an agreementunder which the LAKHDAR brothers and CW-1 agreed to release theircounterfeit movies in unison, at 3:00 p.m. on Fridays. The purposeof the agreement was to enable the LAKHDAR brothers and CW-1 toshare more evenly in the illicit profits to be made fromcounterfeiting particular motion pictures. However, because of theintense pressure from Wholesalers to obtain the counterfeit Mastersas early as possible, this agreement remained in effect for only ashort period of time before it was breached.

g. MOHAMMED LAKHDAR, OMAR LAKHDAR, and CW-1 alsocolluded, at various times relevant to the Complaint, to maintaincontrol over the pricing of the counterfeit Masters they produced.

h. Cammers would sell their Masters to Wholesalersfor prices that ranged from approximately $40 per Master to severalhundred dollars per Master. In addition, from in or about 2003through in or about June 2006, certain co-conspirators, including,MOHAMMED LAKHDAR, HECTOR VAZQUEZ, and MARCOS BAUZO, the defendants,would sell their Masters to Distributors in, among other places, Singapore and Pakistan for up to thousands of dollars per Master.

i. The Cammers were continually attempting toimprove the quality of their counterfeit Masters and to keep currentwith technological innovations. Accordingly, the Cammers made useof “Direct Audio,” (also known as “Direct Sound”) which was a systemavailable in movie theaters for hearing impaired viewers, thatconsisted of special audio equipment that enhanced the quality ofthe audio sound. Using Audio Direct, the Cammers were able toimprove the audio that accompanied their counterfeit Masters. Inaddition, certain Cammers used cameras mounted on special monopodsor seat mounts, as well as remote viewing screens that allowed themto monitor the position and quality of what they were capturing onscreen without detection by theater employees.

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The Wholesale Distribution Network

56. Based on several meetings and conversations with CW-1and CW-3, as well as various recordings between CW-1 and certain NewYork Counterfeiters, I also know that as a result of theunauthorized filming activities described above, New York Cityfunctioned as a distribution hub from which counterfeitvideocassettes and DVDs were distributed throughout the UnitedStates. This global distribution network was facilitated, in largepart, through Wholesalers such as MAMADOU DIALLO, ZABERIOU GARBA,TALL TEJON, MUHAMMAD BILAL, SHORT TEJON, ABDUL HALIM, AMADOU DIALLO,ALPHA BARRIE, BARRY SADA, RICHIE LNU, and BOUBACAR, the defendants,and others. In addition, I know that the Wholesalers typicallyoperated out of storefronts located in New York, New York. Forexample:

a. TALL TEJON, the defendant, operated, at varioustimes, out of locations on 119th Street and 3rd Avenue and MadisonAvenue between 116th Street and 117th Street, New York, New York,from which he distributed several new counterfeit movies each month,including counterfeit pornographic films. TALL TEJON frequentlypurchased counterfeit Masters from MOHAMMED LAKHDAR, the defendant,at a Dunkin’ Donuts located on 116th Street in New York, New York. TALL TEJON regularly purchased Paper Sheets from CW-3, who hadobtained the Paper Sheets from RAFAEL GONZALES, the defendant, whooperated as a Printer. Typically, TALL TEJON would order scores ofboxes of Paper Sheets for each counterfeit motion picture he woulddistribute; each box containing approximately 1000 Paper Sheets.

b. SHORT TEJON, the defendant, operated acounterfeit movie store on 7th Avenue between 124th and 125thStreet, New York, New York, from which he sold counterfeit Mastersand Paper Sheets.

c. MUHAMMAD BILAL, the defendant, sold piratedmovies and related products including Paper Sheets, blank DVDs, andDVD cases out of the basement of a card store on Lenox Avenue,between 115th and 116th Streets, New York, New York. BILAL alsooperated out of a location on 116th Street and 8th Avenue in NewYork, New York. BILAL purchased Paper Sheets from, among others,CW-3 and purchased Masters from MOHAMMED LAKHDAR and OMAR LAKHDAR.

d. ABDUL HALIM, the defendant, operated acounterfeit movie business on 116th Street in New York, New York,from which he sold Masters and Paper Sheets to various Manufacturersand U.S. Retailers.

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e. Like most of the other Wholesalers, BARRY SADA,the defendant, also operated out of a location in New York, NewYork. SADA often purchased thousands of Paper Sheets from HERB LNU,a Printer, and then sold the Paper Sheets to customers at a profit.

57. Based on several meetings and conversations with CW-1and CW-3, as well as various recordings between CW-1 and certain NewYork Counterfeiters, I also know that from in or about 1999 throughin or about June 2006, Manufacturers would travel from variouscities within the United States to New York City to purchase newlyreleased counterfeit Masters from the Wholesalers. In addition, theWholesalers also delivered Masters to certain Manufacturers and U.S.Retailers located outside of the New York City Area.

The Counterfeit Paper Sheets

58. Based on several meetings and conversations with CW-1and CW-3, I know that, unlike the Cammers, the Wholesalers who soldcounterfeit Masters along with Paper Sheets did not earn substantialprofits from selling the Masters. Instead, the Wholesalers earnedmost of their profits from selling the Paper Sheets that accompaniedthe Masters. In order to maintain their high profit margins on thePaper Sheets, Wholesalers, including BARRY SADA, TALL TEJON, SHORTTEJON, MUHAMMAD BILAL, and MAMADOU DIALLO, the defendants, andothers, would meet periodically to collude on the prices theycharged for Paper Sheets. Thus, although the prices of the PaperSheets declined over time, and though they varied slightly, thePrinters generally charged similar prices for the counterfeit PaperSheets they printed. Thus, for example, from in or about 1999through in or about 2001, Printers sold Paper Sleeves to Wholesalersat prices ranging from approximately 12 to 15 cents per PaperSleeve, which the Wholesalers then sold to the Manufacturers forapproximately 25 cents per Paper Sleeve. Following the transitionto DVD technology, the price of Paper Sheets began to fall. Consequently, the prices at which Printers sold Paper Inserts toWholesalers eventually fell to a range of approximately 6 to 8 centsper Paper Insert and the prices at which the Wholesalers sold thePaper Inserts to the Manufacturers fell to approximately 13 centsper Paper Insert.

59. Based on several meetings and conversations with CW-1and CW-3, I know that:

a. The Wholesalers purchased Paper Sheets fromvarious Printers, including, among others, RAFAEL GONZALES, HERB

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LNU, and LEO MARTINEZ, the defendants, all of whom were located inNew York City and New Jersey. MARTINEZ started out as a designerwho designed the artwork that appeared on the Paper Sleeves thatwere printed by HERB, and which HERB and MARTINEZ sold toWholesalers and others including CW-1 and CW-3. Eventually,MARTINEZ developed his own printing business and began to design andprint Paper Inserts himself, which he then supplied to MUHAMMADBILAL and BARRY SADA, the defendants, and other Wholesalers.

b. Like MARTINEZ, GONZALES also printed counterfeitPaper Sheets which he supplied to CW-3 and other Wholesalers. GONZALES operated a printing factory located in Brooklyn, New York. However, in an effort to evade law enforcement, GONZALES did nottransact business at his factory. Instead, he met with hisWholesaler customers at various locations in New York City totransact sales of Paper Sheets. Also, GONZALES often transactedbusiness through his associate MIGUEL LNU, the defendant. MIGUELLNU frequently made deliveries of counterfeit Paper Sheets on behalfof GONZALES and collected payments from various Wholesalers to whomGONZALES sold Paper Sheets.

c. Typically, a Printer would sell hundreds ofthousands of Paper Sheets each week, receiving tens of thousands ofdollars in payment from various Wholesalers. For example, from inor about 2004 through in or about 2006, CW-3 alone paid GONZALES atotal of approximately $10,000 per week for the Paper Sheets he waspurchasing.

The Technological Shift From Videocassettes to DVDs

60. Based on various conversations with CW-3 I know thatstarting in or about 2003, the advent of digital technology createda shift from videocassettes to DVDs. Thus, Cammers began creatingcounterfeit DVD copies of movies instead of using videocassettes. Similarly, Printers began printing Paper Inserts instead of PaperSleeves, and wholesalers began distributing counterfeit DVD Mastersinstead of videocassettes.

61. Based on various conversations with CW-1 and CW-3, Iknow that the shift from videocassettes to DVDs had a dramaticeffect on the evolution of the counterfeit movie industry. Specifically, the use of DVDs enabled the duplication of asubstantially higher volume of counterfeit copies than was possiblewith videocassettes, because counterfeit DVD copies could beduplicated much more quickly and easily. Consequently, thistechnological shift resulted in a substantial increase in the number

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of unauthorized counterfeit motion pictures that were incirculation.

Global Distribution Through The Internet

62. Based on conversations with CW-1, CW-2 and CW-3, Iknow that along with the shift to DVD technology, certainconspirators began to distribute their Masters to various overseasconspirators. MOHAMMED LAKHDAR, the defendant, and BAUZO, thedefendant, for example, provided CW-2 with Masters of differentmotion pictures, which CW-2 then uploaded to specified internetsites. According to CW-2, CC-1, located in Karachi, Pakistan, andCC-2 and CC-3, both located in Singapore, and all of whom are co-conspirators not named herein (CC-1, CC-2 and CC-3 together referredto herein as the “Overseas Wholesalers”) would then download thecounterfeit Masters for duplication and distribution. The OverseasWholesalers paid thousands of dollars for the Masters they receivedfrom LAKHDAR and BAUZO. Typically, the Overseas Wholesalersprovided funds to CW-2 who, in turn, paid LAKHDAR and BAUZO for thecounterfeit Masters.

63. Based on conversations with CW-3, I know that HECTORVAZQUEZ, the defendant, often obtained Masters from DENNIS BOWSER,the defendant. Based on conversations with CW-2, I know thatVAZQUEZ provided Masters to CW-2 for uploading to specified internetsites on behalf of the Overseas Wholesalers.

ADDITIONAL BASES FOR THE CHARGES SET FORTH IN COUNTS ONE THROUGH THREE

Omar Lakhdar

64. During conversations with CW-1, I have learned thatMOHAMMED LAKHDAR and OMAR LAKHDAR, the defendants, worked togetherto produce and distribute counterfeit Masters. CW-1 specificallyinformed me that at one point, as discussed above, he and OMARLAKHDAR met and agreed to release counterfeit Masters,simultaneously, at 3:00 p.m. on Fridays. CW-1 further advised methat he and OMAR LAKHDAR had conversations about maintaining theprice of the Masters at $40 per Master, but that any such resultingagreements lasted for only a short period of time.

65. Based on conversations with CW-3, I know that OMARLAKHDAR, the defendant, regularly delivered counterfeit Masters toWholesalers and collected money from them.

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66. On several occasions during the course of the lastyear, I have been in contact with an investigator employed by theMPAA (the “MPAA Investigator”). The MPAA Investigator has advisedme that he has surveilled OMAR LAKHDAR, the defendant, supplyingDVDs to another individual near the Dunkin’ Donuts on 116th Street,New York, New York.

67. In or about the fall of 2004, UCA-2 expanded UCA-2’sundercover activities by opening up an undercover storefront thatwould allow UCA-2 to pose as a Wholesaler in New York, New York, andwhich would serve as the wholesaling location for UCA-2’s purportedwholesaling business.

68. Prior to opening the undercover storefront, UCA-2began to infiltrate the New York Counterfeiters, posing as aWholesaler located in Washington, DC, who was interested in openinga wholesaling operation in New York City. UCA-2 was able to meetOMAR LAKHDAR, the defendant, among others.

69. On or about July 30, 2004, I surveilled a meetingbetween UCA-2 and OMAR LAKHDAR, in New York, New York. UCA-2recorded the conversation that transpired during that meeting. Based on my review of the recording of this conversation, I knowthat the following transpired:

a. LAKHDAR and UCA-2 discussed, among other things,the price that LAKHDAR would charge UCA-2 for counterfeit Masters. LAKHDAR stated: “when I send you something before Friday . . .$500.” LAKHDAR also stated that he would charge UCA-2 $1,000 perMaster if UCA-2 wanted the Master several days in advance of themovie’s release in movie theaters.

b. LAKHDAR and UCA-2 discussed the counterfeitmovie business and LAKHDAR stated that his brother used to dobusiness with people in Philadelphia.

c. LAKHDAR also asked UCA-2 if he wanted topurchase a copy of the motion picture “The Village.”

d. At this meeting UCA-2 purchased counterfeitMasters of the following movies: “I, Robot,” “The ManchurianCandidate,” “Catwoman,” and “The Village,” in exchange for a totalof $740. Based on what UCA-2 told me when I debriefed him, I knowthat LAKHDAR handed UCA-2 a counterfeit Master of the movie “TheVillage” and that he agreed to ship the counterfeit Masters of theother three movies to Washington, DC.

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e. I know that the Masters of the movies discussedin sub-paragraph d above, were counterfeit because as of July 30,2004, none of these movies had yet been released in DVD format.

70. On or about October 20, 2004, UCA-2 met OMAR LAKHDAR,the defendant, in New York, New York, and recorded theirconversation. Based on a review of the recording of thisconversation, I know that OMAR LAKHDAR and UCA-2 stated thefollowing during this conversation:

a. UCA-2 advised OMAR LAKHDAR that UCA-2 would beopening up a wholesaling store on 116th Street in New York, New Yorkand asked LAKHDAR to provide him with counterfeit Masters. WhenUCA-2 asked how much he would be charged per Master, LAKHDARresponded “for here in New York, it’s no problem. I’m gonna chargeyou the regular price when I have it . . . 40 bucks.”

b. UCA-2 also asked LAKHDAR for his help inattracting customers. LAKHDAR responded that “customers will cometo you” because “they have to get the prints,” which I know based onmy review of other recorded conversations with the New YorkCounterfeiters and my conversations with CW-1 and CW-3, was areference to the Paper Sheets that are sold by Wholesalers alongwith counterfeit Masters.

c. LAKHDAR also stated, during this conversation,“I give him every week two, three movies that nobody has . . . bigmovies.”

d. LAKHDAR also stated: “You remember ‘Taxi?’ . . .that was my Master.”

e. LAKHDAR also made reference, during thisconversation, to the fact that Wholesalers, like UCA-2, aresometimes able to sell 15,000 to 20,000 Paper Inserts (which hereferred to as “pages”) in conjunction with certain Masters thatLAKHDAR sells to them.

f. At some point during the conversation, UCA-2stated that he would employ another individual at his store. LAKHDAR asked whether the individual worked with “Tejon . . . thisTejon, not that Tejon . . . .” LAKHDAR then asked whether theindividual worked with “Barry” and also referred to “Diego.” LAKHDAR also made a reference to a “Sadu” during this conversation. Based on my investigation, I know that AMADOU DIALLO, the defendant,used the alias “Barrie,” that ALPHA BARRIE, the defendant, used the

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alias “Diego,” and that ABDUL HALIM, the defendant, used the alias“Sadu.”

Mohammed Lakhdar

71. Based on conversations with UCA-2 I know that:

a. After opening the undercover store, in or aboutthe fall of 2004, MOHAMMED LAKHDAR, the defendant, met with UCA-2 inNew York, New York, and sold five counterfeit Masters of the motionpicture “The Incredibles” to UCA-2 in exchange for a total of $200. I know that these Masters were counterfeit because this movie hadnot yet been released on videocassette or DVD format.

b. On or about November 19, 2004, MOHAMMED LAKHDARvisited UCA-2’s undercover storefront and sold 5 counterfeit Mastersof the motion picture “National Treasure” to an employee working atthe store, for a total of $200. I know that these Masters werecounterfeit because this movie had not yet been released in DVDformat.

72. During conversations with CW-1, I learned that bothCW-1 and MOHAMMED LAKHDAR, the defendant, and his brother OMARLAKHDAR, the defendant, sold counterfeit Masters to TALL TEJON, thedefendant, between 1999 and mid-2004. In addition, CW-1 informed methat he, MOHAMMED LAKHDAR, and OMAR LAKHDAR, have all been involvedin the counterfeit movie business since the early 1990s and thatduring recent years CW-1 and MOHAMMED LAKHDAR were the primaryCammers responsible for most of the counterfeit DVDs in circulation.

73. Based on conversations with CW-3, I know that from inor about 1999 through in or about 2006, MOHAMMED LAKHDAR, thedefendant, and his brother, OMAR LAKHDAR, the defendant, soldcounterfeit Masters to various Wholesalers in New York City. Inaddition CW-3 informed me that CW-1 and MOHAMMED LAKHDAR, were, inrecent years, the primary Cammers responsible for most of thecounterfeit DVDs in circulation.

Ulises PLACENCIA

74. Based on conversations with CW-1, I know that from inor about 1998 through in or about mid-2004, ULISES PLACENCIA, thedefendant, regularly sold tickets to movie screenings to CW-1 forthe purpose of enabling CW-1 to film those movies, withoutauthorization, and to then distribute them. CW-1 has furtheradvised me that he and PLACENCIA frequently discussed whether or not

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CW-1 would be searched for a camera at a particular screening, andwhether other Cammers, such as, for example, MOHAMMED LAKHDAR, thedefendant, had filmed various movies at screenings and thendistributed them. In cases where another Cammer had alreadydistributed Masters of a particular motion picture, CW-1 wouldinform PLACENCIA that he could not earn a profit on that particularmovie because counterfeit Masters had already been distributed.

75. On or about September 9, 2004, at the direction ofthe FBI, CW-1 recorded a telephone conversation with ULISESPLACENCIA, the defendant, in which CW-1 asked PLACENCIAS whether“that thing is going to be worth it,” in reference to a screening ofa motion picture. PLACENCIA advised CW-1 that the movie studio thatproduced the motion picture at issue “never checks” people atscreenings. PLACENCIA told CW-1 that, for example, during thescreening of “Anaconda,” “he did it,” which CW-1 has advised me wasa reference to MOHAMMED LAKHDAR, the defendant, having filmed themovie “Anaconda.” PLACENCIA then stated, “they did nothing,”meaning that the movie studio did not check people for videorecording equipment.

Mamadou Diallo and Tall Tejon

76. Based on conversations with CW-3, I know that CW-3has witnessed TALL TEJON, the defendant, selling counterfeit Mastersand Paper Sheets out of a store near 117th Street, New York, NewYork.

77. On or about May 28, 2004, I surveilled a meetingbetween UCA-2 and MAMADOU DIALLO, the defendant, at DIALLO’s store,then located at 2177 Third Avenue, New York, New York. Based on mydebriefing of UCA-2, I learned that the following transpired duringthis meeting:

a. UCA-2 entered DIALLO’s store, where he observedboxes, stacked from floor to ceiling, containing numerouscounterfeit Paper Inserts.

b. DIALLO left the premises for a brief period.While in DIALLO’s store, UCA-2 purchased, from TALL TEJON, thedefendant, a counterfeit Master for the motion picture “The DayAfter Tomorrow” and 2100 Paper Inserts for six different movies,including: “The Day After Tomorrow,” “Soul Plane,” “Badaaaas” “Shrek2,” “Troy,” and “Man on Fire.” UCA-2 paid TALL TEJON a total of$265 for the Master and the Paper Inserts he purchased. I know thatthese Masters and Paper Inserts were counterfeit because, as of May

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28, 2004, none of these movies had yet been released in DVD format.

78. On or about June 4, 2004, UCA-2 spoke with MAMADOUDIALLO, the defendant, by telephone on two occasions. Thesetelephone calls were recorded. Based on my review of the recordingsof these conversation I know that UCA-2 arranged with DIALLO tovisit DIALLO’s store and purchase a counterfeit Master of the motionpicture “Harry Potter and the Prisoner of Azkaban” which he referredto as “Harry Potter” during the telephone calls, and 1500 PaperInserts.

79. On or about June 4, 2004, UCA-2 met with TALL TEJON,the defendant, at the store of MAMADOU DIALLO, the defendant, thenlocated at 2177 Third Avenue, New York, New York. Based on mydebriefing of UCA-2, I know that TALL TEJON stated to UCA-2 thatDIALLO was not present, but would be arriving at the store shortly,and that TALL TEJON could help UCA-2 in place of DIALLO. UCA-2 thenpurchased 1500 Paper Inserts and a counterfeit Master of the motionpicture “Harry Potter and the Prisoner of Azkaban.” I know thatthis Master was counterfeit because, as of June 4, 2004, this moviehad not yet been released in DVD format.

80. Based on conversations with UCA-2 and my review ofadditional recordings of conversations between UCA-2 and MAMADOUDIALLO and TALL TEJON, the defendants, I know that UCA-2 purchasedseveral additional counterfeit Masters and Paper Inserts from bothDIALLO and TALL TEJON during 2004, including for the followingmotion pictures:

a. The Cookoutb. Paparazzic. Exorcist: The Beginningd. Fahrenheit 911e. I, Robotf. King Arthurg. Anchorman: The Legend of Ron Burgundyh. Garfield: The Moviei. The Chronicles of Riddickj. Resident Evil: Apocalypsek. The Stepford Wives

81. In addition, CW-1, while working in an undercovercapacity at the direction of the FBI, in or about August 2004, soldcounterfeit Masters of various motion pictures to TALL TEJON, thedefendant, including the following:

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a. AVP: Alien vs. Predatorb. Exorcist: The Beginningc. Open Waterd. The Little Black Booke. Standerf. Code 46g. Harry Potter and the Prisoner of Azkaban

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Zaberiou Garba

82. On or about June 18, 2004, at approximately 10:00a.m. UCA-2 spoke, by telephone, with MAMADOU DIALLO, the defendant,and recorded the conversation. Based on my review of the recordingof that conversation, as well as my debriefing of UCA-2, I know thefollowing:

a. UCA-2 and DIALLO had agreed to meet atapproximately 12:00 p.m. on June 18, 2004, at DIALLO’s store, thenlocated at 2177 Third Avenue, New York, New York. When UCA-2arrived at DIALLO’s store, neither DIALLO nor TALL TEJON, thedefendant, were present.

b. Instead, the store was staffed by anotherindividual, ZABERIOU GARBA, the defendant, who told UCA-2 thatDIALLO was at home. UCA-2 then purchased a counterfeit Master ofthe motion picture “Around the World in 80 Days” and 500 PaperInserts for that movie, as well as 500 Paper Inserts for each of themotion pictures “The Terminal” and “Dodgeball: A True UnderdogStory” for a total of $200. UCA-2 and GARBA also discussed the factthat counterfeit Masters for various other movies were available.

c. At some point during the conversation DIALLOcalled GARBA, who handed the phone to UCA-2 at which time UCA-2confirmed to DIALLO that GARBA was assisting him.

d. I know that GARBA and UCA-2 were discussingcounterfeit copies of the motion pictures mentioned in thisparagraph because as of June 18, 2004, these movies had not yet beenreleased in DVD format.

83. On or about June 15, 2006, I conducted surveillanceas CW-1, acting at the direction of the FBI, entered a storefrontlocated at 2533 Frederick Douglas Boulevard, which was known to mefrom other sources to be a location from which TALL TEJONdistributes counterfeit Masters and Paper Sheets. Approximatelyfive minutes later I observed CW-1 and TALL TEJON emerge from thebuilding and walk down the street into a restaurant. Based on mydebriefing of CW-1, I learned that TALL TEJON had received atelephone call, while in the restaurant, and had informed CW-1 thatthe call came from MOHAMMED LAKHDAR, the defendant. According toCW-1, TALL TEJON then received another telephone call shortlythereafter, which TALL TEJON advised CW-1 was from an individual whowas calling to inform TALL TEJON that a delivery of Paper Insertswas on its way to TALL TEJON. Shortly thereafter, TALL TEJON exited

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the restaurant and walked back towards the building located at 2533Frederick Douglas Boulevard. Shortly after that, CW-1 also exitedthe restaurant and walked back towards the building. Before eitherTALL TEJON or CW-1 had left the restaurant, I observed anindividual, whom I identified, based on my investigation, as MIGUELLNU, the defendant, arrive in front of 2533 Frederick DouglasBoulevard in a minivan. Thereafter an individual emerged from thefront of the store at 2533 Frederick Douglas Boulevard andtransported approximately ten boxes from the minivan into the store. At that point, I observed CW-1 go into the store. CW-1 hasidentified the individual who carried the boxes from the van intothe building as ZABERIOU GARBA, the defendant, whom CW-1 hasinformed me is employed by TALL TEJON. CW-1 has informed me thatafter entering the store at 2533 Frederick Douglas Boulevard, CW-1helped GARBA carry the boxes through a doorway on the left side ofthe store and down a staircase into the basement. During thisprocess, GARBA told CW-1 that each box contained approximately 2,000“sheets,” which CW-1 interpreted to mean Paper Sheets.” While inthe basement of the store, CW-1 observed numerous boxes containingcounterfeit Paper Inserts and counterfeit Masters.

Short Tejon and Muhammad Bilal

84. CW-1, while working in an undercover capacity at thedirection of the FBI, in or about August 2004, sold counterfeitMasters of various motion pictures to SHORT TEJON and MUHAMMADBILAL, including the motion pictures set forth in paragraph 80above. I know this because I debriefed CW-1 and also because thesetransactions were recorded and I have reviewed these recordings.

85. CW-1, at the direction of the FBI, also sold PaperInserts to SHORT TEJON, MUHAMMAD BILAL, and TALL TEJON, thedefendants, for the motion picture “Exorcist: The Beginning.” CW-1had purchased those Paper Inserts from LEO MARTINEZ, the defendant. As of August 23, 2004, CW-1 had sold 4,000 Paper Inserts to each ofSHORT TEJON, TALL TEJON, and BILAL, for the movie “Exorcist: TheBeginning,” in exchange for $280 in cash from each of SHORT TEJONand BILAL, and $320 in cash from TALL TEJON. CW-1 informed me thatas of August 23, 2004, he had received orders from each of SHORTTEJON, MUHAMMAD BILAL, and TALL TEJON, for approximately 10,000Paper Inserts for “Exorcist: The Beginning.” I know this because Idebriefed CW-1 and also because these transactions were recorded andI have reviewed the recordings of these transactions.

86. CW-1, at the direction of the FBI, also sold a numberof other Masters to SHORT TEJON, MUHAMMAD BILAL, and TALL TEJON,

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during September 2004, in transactions that were recorded, and withrespect to which I have reviewed the relevant recordings. Based onmy review of these recordings and my debriefing of CW-1, I learnedthat CW-1 sold these individuals counterfeit Masters including forthe motion pictures: “Cellular,” “Resident Evil: The Apocalypse,”“Mr. 3000,” “Head in the Clouds,” “The Grudge,” “SurvivingChristmas” and “Raise Your Voice.”

87. Based on conversations with CW-1, I know that CW-1had been selling counterfeit Masters to SHORT TEJON, MUHAMMAD BILAL,and TALL TEJON, for many years.

Boubacar

88. On or about June 16, 2006, CW-1, who was outfittedwith a recording device and working at the direction of the FBI,accompanied MUHAMMAD BILAL, the defendant, to the basement of astore located at 2250 Adam Clayton Powell Blvd, New York, New York. Based on my review of the recording of that meeting, and mydebriefing of CW-1, I learned the following:

a. BILAL introduced CW-1 to BOUBACAR, thedefendant, who was working in the store, in which he observednumerous boxes containing counterfeit Paper Inserts, including forthe motion picture “The Omen,” lining the walls. CW-1 purchasedcounterfeit Paper Inserts for the movies “Madea Goes to Jail,” “WhyDid I Get Married,” and “Vampire Wars: Battle for the Universe” andcounterfeit DVDs of these movies for which he paid BOUBACAR a totalof $23.

b. While in the basement of the store, CW-1 askedBOUBACAR about a movie he had observed there, and BOUBACAR respondedthat “the Master is Vinny’s,” which CW-1 understood to be areference to MOHAMMED LAKHDAR, a/k/a “Vinny,” the defendant. BOUBACAR also stated that he believed another Master in the storewas “Vinny’s” as well.

Abdul Halim, Richie LNU

89. Also based on conversations with CW-3, I know thatABDUL HALIM, the defendant became involved in the movie piracybusiness in or about 1999. According to CW-3, MIGUEL LNU, thedefendant, worked with RAFAEL GONZALES, the defendant, assisting himin selling Paper Sheets to various Wholesalers including HALIM. MIGUEL LNU and CW-3 often discussed the fact that MIGUEL LNUcollected money from various wholesalers, including HALIM, on behalf

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of GONZALES.

90. Based on conversations with CW-1, I know that ABDULHALIM, the defendant has been involved in the movie piracy businessfor several years. CW-1, on various occasions, sold counterfeitMasters to ABDUL HALIM.

91. In or about February 2005, CW-1, at the direction ofthe FBI, engaged in a telephone conversation with ABDUL HALIM, thedefendant, which he recorded. Based on my review of that recording,and my debriefing of CW-1, I know that the following transpired:

a. CW-1 asked HALIM whether he had counterfeitPaper Inserts for the motion picture “Wedding Day” and HALIMresponded that he only had “two thousand.”

b. CW-1 also stated “so, Vinny didn’t put it outyet,” referencing “Wedding Day” and referring to MOHAMMED LAKHDAR,the defendant. HALIM responded “no no no no no, Vinny didn’t getthe Master of this one.”

c. Later in the conversation CW-1 advised HALIMthat he had attempted to film the motion picture “Boogeyman” andthat he was followed by theater personnel and was unable to film themovie. CW-1 told HALIM that he left that particular theater, anddrove to another theater where he saw the same person who had beenfollowing him. Upon hearing this, HALIM responded “oh my God, yougotta be careful boss, please.”

d. CW-1 also told HALIM that he might attempt tofilm the motion picture “Wedding Day” that night and that if heobtained it he would provide it to HALIM the next morning. HALIMresponded: “Okay morning, tell me, let me know, morning, please.”

92. On or about February 11, 2005, CW-1, acting at thedirection of the FBI, engaged in a telephone call with ABDUL HALIM,the defendant, which CW-1 recorded. Based on my review of thatrecording, and my debriefing of CW-1, I know that CW-1 informedHALIM that security personnel had observed CW-1 as he was attemptingto film a movie. HALIM then stated that the personnel were “lookingfor a bust.”

93. On or about June 15, 2006, CW-1, acting at thedirection of the FBI, contacted HALIM, by telephone, and recordedthe ensuing conversation. Based on my review of that recording andmy debriefing of CW-1, I know that the following transpired:

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a. CW-1 informed HALIM that CW-1 was outside ofHALIM’s store. HALIM, however, advised CW-1 that HALIM was notinside his store, but that he would call an associate of his whowould assist CW-1. Shortly thereafter, an individual emerged fromHALIM’s store, and introduced himself to CW-1 as “Richie” and letCW-1 enter HALIM’s store. In one room of the store, CW-1 observed acounter that was littered with counterfeit Masters. In another roomin the store, CW-1 observed boxes filled with Paper Inserts.

b. CW-1 then purchased from “Richie” a counterfeitMaster of the motion picture “The Omen” for $5 and then left thestore. I know that the Master purchased by CW-1 was counterfeitbecause, as of June 15, 2006, the motion picture “The Omen” had notyet been released in DVD format.

94. On or about June 18, 2006, ABDUL HALIM, thedefendant, contacted CW-1 by telephone. Based on my debriefing ofCW-1, I know that HALIM advised CW-1 that HALIM wanted to give CW-1’s telephone number to another Wholesaler named “Bilow.” CW-1obtained Bilow’s telephone number from HALIM and then called Bilow. CW-1 asked Bilow whether CW-1 could obtain counterfeit Masters andPaper Sheets from Bilow for pornographic films. Bilow respondedthat he obtained Masters and Paper Sheets for pornographic filmsfrom HALIM and TALL TEJON.

Rafael Gonzales and Miguel LNU

95. On or about October 29, 2004, I monitored a telephonecall between RAFAEL GONZALES, the defendant, and UCA-2. During thecourse of that conversation UCA-2 ordered a total of 9,000 PaperInserts from GONZALES, as follows:

Movie Quantity of Paper Inserts

Saw 4,000Birth 2,000It’s All About Love 3,000

96. On Saturday October 30, 2004, MIGUEL LNU, thedefendant, delivered the items described in paragraph 95 above toUCA-2 at the undercover storefront located on 116th Street, NewYork, New York. At that time, UCA-2 paid $400 to MIGUEL LNU inexchange for the items delivered. I know that the Paper Inserts forthe movies identified in paragraph 95 above were counterfeit becausethose movies had not yet been released in DVD format.

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97. Based on my debriefings of UCA-2, I know that MIGUELLNU, the defendant, delivered Paper Inserts to the FBI undercoverstore on other occasions following telephone calls between UCA-2 andGONZALES. For example:

a. On November 10, 2004, MIGUEL LNU delivered thefollowing Paper Inserts to the undercover storefront, which I knowto be counterfeit because, as of November 10, 2004, none of thesemovies had yet been released in DVD format:

Movie Quantity of Paper Inserts

The Ringer 3,000Kinsey 3,000Finding Neverland 3,000

b. At the time MIGUEL LNU made the deliverydescribed in sub-paragraph a. above, he advised an employee at theundercover store that UCA-2 owed GONZALES $585.

c. On November 30, 2004, UCA-2 met with MIGUEL LNUand paid him $500 that was owed for prior deliveries of PaperInserts.

98. As discussed above, according to both CW-1 and CW-3,RAFAEL GONZALES, the defendant has been operating as a counterfeitPrinter for many years.

Amadou Diallo and Alpha Barrie

99. Based on conversations with CW-1, I know thefollowing:

a. CW-1 worked very closely with AMADOU DIALLO, thedefendant, to distribute counterfeit Masters and Paper Sheets. Atvarious times from in or about 1999 through in or about mid-2004,CW-1 would sell counterfeit Masters to DIALLO and DIALLO would thensell those masters along with Paper Sheets to various Manufacturers.

b. Starting in or about 2003, DIALLO had adisagreement with MOHAMMED LAKHDAR, who had previously been sellingcounterfeit Masters to him. As of that point, CW-1 became DIALLO’sprimary supplier of counterfeit Masters.

c. During in or about 2004, ALPHA BARRIE, thedefendant, assisted DIALLO in running his counterfeit Wholesale

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store, that was located at 1901 Lexington Avenue, New York, NewYork. CW-1 repeatedly delivered counterfeit Masters to BARRIEduring this time period.

100. On or about July 8, 2004, the FBI executed a searchof the premises located at 1901 Lexington Avenue, New York, NewYork, and seized, among other things, the following items:

a. Log books recording sales of counterfeit moviesto various individuals.

b. Tens of thousands of counterfeit Paper Sheets.

c. Numerous counterfeit Masters for approximately20 different motion pictures.

101. During the course of the search described inparagraph 100 above, I interviewed ALHPA BARRIE, the defendant, whoadvised me that he had been selling counterfeit Paper Sheets andMasters for AMADOU DIALLO and that he was paid approximately $250 to$300 per week.

Barry Sada, Herb LNU and Leo Martinez


a. HERB LNU informed CW-3 that he printed PaperInserts for BARRY SADA, the defendant. In addition, variousWholesalers to whom CW-3 sold Paper Sheets informed him that theyalso purchased Paper Sheets from SADA.

b. TALL TEJON, SHORT TEJON, MAMADOU DIALLO,MUHAMMAD BILAL, BARRY SADA, and others, would meet periodically tocollude on the price at which they would sell Paper Sheets toManufacturers. I also know this based on conversations with CW-1.

c. CW-3 recalled a specific conversation with SADAduring which SADA was upset because CW-3 had obtained Paper Insertsfor the movies “The Punisher” and “Johnson Family Vacation” fromHERB LNU. Apparently, SADA wanted HERB LNU to supply the PaperInserts for those movies to SADA on an exclusive basis.

103. Based on conversations with CW-1 I know that BARRYSADA, the defendant, sold Paper Sheets at various times, starting inor about 1999, to TALL TEJON and SHORT TEJON, the defendants.

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104. On or about June 20, 2006, an FBI agent, whom Idebriefed, advised me that FBI agents had surveilled BARRY SADA, thedefendant carrying boxes from the location known to be HERB LNU’sprinting factory to a vehicle known to be driven by SADA.

105. On or about June 26, 2006, an FBI agent, whom Idebriefed on that same day, observed BARRY SADA, the defendant,entering the location of HERB LNU’s printing factory. Also, on orabout June 26, 2006, an MPAA investigator advised me that MPAAinvestigators had observed BARRY SADA coming to HERB LNU’s printingfactory several times.

106. Based on conversations with CW-1, I know that HERBLNU has been operating as a counterfeit Printer for many years andthat CW-1 has, on occasion, purchased Paper Inserts from HERB LNU.

107. As discussed above, in paragraph 73, in or aboutAugust 2004, LEO MARTINEZ, the defendant, printed 15,000 PaperInserts for the movie “Exorcist: The Beginning,” which he sold toCW-1. CW-1, in turn, sold 4,000 Paper Inserts apiece to SHORTTEJON, MUHAMMAD BILAL, and TALL TEJON, the defendants, for $280apiece from SHORT TEJON and BILAL, and $320 from TALL TEJON.

108. Based on conversations with CW-1 and CW-3, both ofwhom dealt with LEO MARTINEZ, the defendant, in connection withtheir counterfeiting activities, I know that MARTINEZ has operatedas a counterfeit Printer for many years.

Dennis Bowser


a. In or about 2001, CW-1 introduced DENNIS BOWSER,the defendant, to MAMADOU DIALLO, the defendant, for the purpose ofenabling BOWSER to sell counterfeit Masters to DIALLO. On two orthree occasions during in or about 2001, CW-1 was present whenBOWSER delivered Masters to DIALLO, one of which was a Master of themovie “Sweet November.”

b. In or about June 2004, Wholesalers such asAMADOU DIALLO, the defendant, had informed CW-1 that they wereobtaining counterfeit Masters from DENNIS BOWSER, the defendant.

110. Based on conversations with CW-3, I know that DENNISBOWSER, the defendant, sometimes supplied Masters to HECTOR VAZQUEZ,

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the defendant, who then arranged for the Masters to be distributedoverseas. Also, CW-3 was present when MARCOS BAUZO, the defendant,supplied Masters to BOWSER on various occasions.

111. On or about February 25, 2005, CW-1, acting at thedirection of the FBI, recorded a telephone conversation with CW-3(prior to when CW-3 began to cooperate with the FBI) in which CW-3identified DENNIS BOWSER, the defendant, as someone he had tocontact in order to obtain the telephone number for individualslocated overseas who were interested in purchasing counterfeitMasters.

ADDITIONAL BASES FOR THE CHARGES SET FORTH IN COUNTS FOUR THROUGH SEVEN (THE INTERNATIONAL DISTRIBUTION OF COUNTERFEIT MOVIES)

Hector Vazquez, Marcos Bauzo, and Mohammed Lakhdar


a. CW-2 met CC-1, in a chat room, in or about mid-2003. Initially, CW-2 mailed DVDs containing Indian movies to CC-1,who was located in Karachi, Pakistan. CW-2 also mailed computerperipherals to CC-1 in Pakistan. In addition, CW-2 advised me thathe sometimes spoke with CC-1 by telephone and that he used thecountry code for Pakistan to call CC-1.

b. In or about June 2003, CC-1 advised CW-2 that hewanted CW-2 to begin selling him counterfeit American movies via theinternet. CC-1 advised CW-2 that he would arrange for individualsto provide CW-2 with movies, that CW-2 could then upload to aspecified internet site from which CC-1 could download the movies. Accordingly, per CW-2’s request, CW-2 provided CC-1 with his cellphone number.

c. In or about June 2003, CW-2 received a telephonecall from HECTOR VAZQUEZ, the defendant, to schedule a meeting atwhich VAZQUEZ would provide CW-2 with the DV tape for the movie“Terminator 3,” which VAZQUEZ then provided to CW-2 on or about July1, 2003.

d. During the latter half of 2003, CW-2 met withVAZQUEZ, at the direction of CC-1, on approximately thirteenoccasions and provided CW-2 with counterfeit DV tapes containingvarious motion pictures, which CW-2 then distributed to CC-1 via theinternet. Schedule I, attached hereto, sets forth the movies that

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VAZQUEZ provided to CW-2 and the dates on which he provided them. Ibelieve these movies and dates to be accurate because theycorrespond to the movies and dates set forth on a spreadsheet thatCW-2 has provided to me, that CW-2 told me CW-2 used to notate,among other things, the counterfeit motion pictures CW-2 receivedfrom various individuals, including VAZQUEZ, at the direction of CC-1, the individuals from whom he received the movies, and the dateson which he received them. I know that the movies set forth onSchedule I were counterfeited because none of those movies had beenreleased in DVD format on the dates set forth in the schedule, whichare the dates on which those movies were provided to CW-2.

e. CW-2 advised me that, on occasion, VAZQUEZ orothers would provide CW-2 with different versions of the samecounterfeit movie. Thus, for example, VAZQUEZ provided CW-2 with acounterfeit copy of the movie “Bad Boys II” in “PAL” (Phase-Alternating-Line) format, which is the European standard andsubsequently provided him with another counterfeit copy of the samemovie in “NTSC” (National Television Systems Committee) format,which he understood to be the standard for the United States,Canada, Korea, and Japan.

f. In or about July 2003, in addition to the movieshe was receiving from VAZQUEZ, CW-2 also began receiving counterfeitmovies from MOHAMMED LAKHDAR, the defendant, at the direction of CC-1. Between July 2003 and December 2004, CW-2 met with LAKHDAR onapproximately eighty occasions and provided CW-2 with counterfeit DVtapes containing various motion pictures which CW-2 then distributedto CC-1 via the internet. Schedule II, attached hereto, sets forththe movies that LAKHDAR provided to CW-2 and the dates on which heprovided them. I believe these movies and dates to be accuratebecause they correspond to the movies and dates set forth on twospreadsheets that CW-2 has provided to me, that CW-2 told me CW-2used to notate, among other things, the counterfeit motion picturesCW-2 received from various individuals, including LAKHDAR, at thedirection of CC-1, the individuals from whom CW-2 received themovies, and the dates on which CW-2 received them. I know that themovies set forth on Schedule II were counterfeited because none ofthose movies had been released in DVD format on the dates set forthin the schedule, which are the dates on which those movies wereprovided to CW-2.

g. In or about August 2003, in addition to themovies CW-2 was receiving from VAZQUEZ and LAKHDAR, CW-2 also beganreceiving counterfeit movies from MARCOS BAUZO, the defendant, atthe direction of CC-1. Between August 2003 and August 2004, CW-2

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met with BAUZO on approximately sixty occasions and provided CW-2with counterfeit DV tapes containing various motion pictures whichCW-2 then distributed to CC-1 via the internet. Schedule III,attached hereto, sets forth the movies that BAUZO provided to CW-2and the dates on which CW-2 provided them. I believe these moviesand dates to be accurate because they correspond to the movies anddates set forth on two spreadsheets that CW-2 has provided to me,that CW-2 told me CW-2 used to notate, among other things, thecounterfeit motion pictures CW-2 received from various individuals,including BAUZO, at the direction of CC-1, the individuals from whomCW-2 received the movies, and the dates on which CW-2 received them. I know that the movies set forth on Schedule III were counterfeitedbecause none of those movies had been released in DVD format on thedates set forth in the schedule, which are the dates on which thosemovies were provided to CW-2.

h. Often, CW-2 would receive counterfeit copies ofthe same movies from LAKHDAR and BAUZO. According to CW-2, thereason for this was that LAKHDAR typically acquired counterfeitmovies earlier than BAUZO. However, the quality of BAUZO’s movieswere typically better than those provided by LAKHDAR. Consequently,CW-2 frequently uploaded the counterfeit copies CW-2 received fromLAKHDAR in order to provide CC-1 with the counterfeit copies asearly as possible. Subsequently, CW-2 would upload the counterfeitcopies CW-2 obtained from BAUZO, which were of higher viewingquality.

i. CW-2 typically met with VAZQUEZ, LAKHDAR, andBAUZO in Queens. However, on several occasions, CW-2 met withLAKHDAR in New York, New York. Also, based on my conversations withCW-1, I know that LAKHDAR and BAUZO filmed many of the motionpictures of which they provided counterfeit copies to CW-2 in NewYork, New York. In addition, based on my conversations with CW-1, Iknow that BAUZO supplied counterfeit Masters to VAZQUEZ, which BAUZOfilmed in New York, New York.

113. Based on conversations with CW-2, I know that shortlyafter CW-2 began providing counterfeit Masters to CC-1, CW-2 alsobegan dealing with one of CC-1’s associates, an individual locatedin Singapore, referred to herein as “CC-2.” CW-2 would providepasswords to both CC-1 in Pakistan, and CC-2 in Singapore that wouldallow both CC-1 and CC-2 to download the counterfeit movies that CW-2 uploaded to a specified internet site. Also CW-2 would receivewire transfers and Pay Pal transfers amounting to thousands ofdollars from CC-2 and CC-3, another individual located in Singapore,as payment for his counterfeiting activities and as payment for the

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counterfeiting activities of HECTOR VAZQUEZ, MOHAMMED LAKHDAR, andHECTOR BAUZO, the defendants, which CW-2 would forward to them. Iknow that CC-2 and CC-3 were located in Singapore because, amongother things, CC-2 stated as much to CW-2 and I have reviewed copiesof wire transfer records indicating that the payments from CC-2 andCC-3 to CW-2 originated in Singapore.

114. Starting in or about September 2004, CW-2 begancooperating with the FBI. Consequently, CW-2 continuedparticipating in counterfeiting activities with CC-1, MOHAMMEDLAKHDAR, and MARCOS BAUZO, at the direction of the FBI, and recordedhis meetings and telephone calls with LAKHDAR and BAUZO. Based onmy review of these recordings and my debriefing of CW-2, I knowthat, among other things, the following transpired:

a. On or about September 15, 2004, CW-2 spoke withBAUZO, by telephone, at which time CW-2 stated: “I spoke with [CC-1]. . . he is supposedly sending you something . . . I just know whatthey want for Friday . . . they want . . . ‘Sky Captain’ first andthen ‘Wimbledon’.” CW-2 then stated: “It all depends on the runningtimes, whether it’s convenient for you to do.” BAUZO responded:“Alright, well, if I get that thing, then we’ll see what happens.” CW-2 then stated: “that movie ‘Head in the Clouds’ with CharlizeTheron . . . that’s a limited. I don’t know where . . . thesethings play so I don’t know whether that’s something you would beable to get. CW-2 then stated that this was something that CC-1“wanted as well.” BAUZO responded that he would “check into it.”

b. On or about September 17, 2004, I surveilled CW-2 meeting with LAKHDAR, in Nassau County, New York, at which time Iobserved LAKHDAR providing CW-2 a DV tape. The DV tape contained acounterfeit copy of the movie “Sky Captain and the World ofTomorrow.” During that meeting, CW-2 asked LAKHDAR “how was thetheater,” and LAKHDAR responded “I got new equipment . . . it’spretty good . . . I have new cameras.” LAKHDAR also stated that:“last night I could have done two movies but I didn’t have, ah . . . cause I have one camera that’s not working.”

c. On or about October 1, 2004, CW-2 met withLAKHDAR at which time LAKHDAR, discussing a movie, stated “theyplayed it specially for me . . . I had to pay the guy so he had towait to close the theater.”

d. On or about November 4, 2004, CW-2 met BAUZO inLake Success, New York, and paid BAUZO $2,000 that CW-2 had receivedfrom the Overseas Wholesalers as payment for counterfeit Masters

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that BAUZO had provided to CW-2 previously.

115. On or about April 31, 2004, the FBI executed a searchof the residence of MARCOS BAUZO, the defendant, at the premiseslocated at 1285 Delmar Loop, Apartment 7C in Brooklyn, New York, andseized counterfeit recordings of various motion pictures labeled“Master,” or “MAS” or “M” of the following motion pictures:

a. Kill Bill: Vol. 2b. Walking Tallc. The Alamod. The Whole Ten Yardse. Home On The Rangef. Miracleg. Soul Planeh. The Big Bouncei. The Perfect Scorej. The Butterfly Effectk. Hidalgol. Club Dreadm. Monstern. Against the Ropeso. Cold Mountainp. Along Came Pollyq. Hellboy

116. Also seized during the search discussed in paragraph115 above were mini DV tapes containing original pirated camcordingsof various motion pictures, including, “Passion of the Christ” and“Home on the Range.” In addition agents seized two videocamerasfrom the premises identified in paragraph 115.

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WHEREFORE, deponent prays that an arrest warrant be issuedfor each of MOHAMMED LAKHDAR, OMAR LAKHDAR, MARCOS BAUZO, DENNISBOWSER, HECTOR VAZQUEZ, ULISES PLACENCIA, MAMADOU DIALLO, ZABERIOUGARBA, TALL TEJON, MUHAMMAD BILAL, SHORT TEJON, ABDUL HALIM, AMADOUDIALLO, ALPHA BARRIE, BARRY SADA, LEO MARTINEZ, RAFAEL GONZALES,HERB LNU, RICHIE LNU, BOUBACAR and MIGUEL LNU, the defendants, thateach be arrested and imprisoned, or bailed, as the case may be.

______________________________SCOTT MCGAUNNSpecial AgentFederal Bureau of Investigation

Sworn to before me this27th day of June, 2006

___________________________________THE HONORABLE RONALD L. ELLIS UNITED STATES MAGISTRATE JUDGESOUTHERN DISTRICT OF NEW YORK

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SCHEDULE I

Counterfeit Movies That Hector Vazquez Provided to CW-2

Movie Approximate Date Provided

Terminator 3: Rise of the Machines July 1, 2003

Legally Blond 2: Red, White & Blonde July 2, 2003

Pirates of the Caribbean: The Curse of the Black Pearl July 20, 2003

The League of Extraordinary Gentlemen July 12, 2003

Bad Boys II July 18, 2003

How to Deal July 19, 2003


Freaky Friday July 24, 2003

Seabiscuit July 25, 2003

Lara Croft Tomb Raider: The Cradleof Life July 27, 2003

S.W.A.T. August 8, 2003

The Human Stain November 2, 2003

Honey December 7, 2003

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SCHEDULE II

Counterfeit Movies That Mohammed Lakhdar Provided to CW-2



This Thing of Ours July 18, 2003

Spy Kids 3-D: Game Over July 19, 2003

Lara Croft Tomb Raider: Cradle of Life July 23, 2003

Freddy vs. Jason August 9, 2003

The Medallion August 19, 2003

Jeepers Creepers II August 27, 2003

Once Upon a Time in Mexico August 27, 2003

Matchstick Men August 27, 2003

The Fighting Temptations August 27, 2003

Underworld September 16, 2003

The Rundown September 21, 2003

Good Boy! October 6, 2003

Radio October 6, 2003

Kill Bill Vol. 1 October 8, 2003

House of the Dead October 10, 2003

Runaway Jury October 16, 2003

Scary Movie 3 October 23, 2003

Beyond Borders October 23, 2003

Brother Bear October 24, 2003

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(Schedule II cont’d)


The Matrix Revolutions November 5, 2003

Looney Tunes: Back in Action November 10, 2003

Master and Commander: The Far Side ofthe World November 13, 2003

Bad Santa November 18, 2003

Missing November 24, 2003

Big Fish December 4, 2003

Lord of the Rings: The Return of the King December 17, 2003

Paycheck December 23, 2003

Peter Pan December 25, 2003

Win a Date With Tad Hamilton January 2, 2004

My Baby’s Daddy January 7, 2004

The Butterfly Effect February 10, 2004

Torque January 12, 2004

The Big Bounce January 28, 2004

Barber Shop 2: Back in Business February 3, 2004

EuroTrip February 11, 2004

Starsky & Hutch February 21, 2004

Secret Window March 11, 2004

Dawn of the Dead March 17, 2004

The Ladykillers March 23, 2004

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Scooby-Doo 2: Monsters Unleashed March 26, 2004

Walking Tall March 27, 2004

Hellboy March 30, 2004

The Whole Ten Yards April 7, 2004

13 Going on 30 April 11, 2004

Kill Bill Vol. 2 April 14, 2004

The Punisher April 15, 2004

Godsend April 30, 2004

Envy April 30, 2004

Laws of Attraction May 1, 2004

Troy May 13, 2004

Shrek 2 May 19, 2004

The Day After Tomorrow May 25, 2004

Garfield: The Movie June 7, 2004

The Chronicles of Riddick June 7, 2004

Around the World in 80 Days June 16, 2004

White Chicks June 16, 2004

Fahrenheit 9/11 June 25, 2004

Spider-Man 2 June 28, 2004

King Arthur July 7, 2004

I, Robot July 15, 2004

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Catwoman July 22, 2004

The Bourne Supremacy July 23, 2004

Harold & Kumar Go to White Castle July 24, 2004

The Manchurian Candidate July 28, 2004

Collateral July 30, 2004

Yu-Gi-Oh August 10, 2004

Princess Diaries 2: The Royal Engagement August 11, 2004

AVP: Alien vs. Predator August 13, 2004

Exorcist: The Beginning August 20, 2004

Suspect Zero August 24, 2004

Anaconda: The Hunt for the Blood Orchid August 26, 2004

Sky Captain and the World of Tomorrow September 17, 2004

The Forgotten September 24, 2004

Shall We Dance September 27, 2004

Ladder 49 October 1, 2004

Friday Night Lights October 7, 2004

Team America: World Police October 10, 2004

Ocean’s Twelve December 10, 2004

49

SCHEDULE III

Counterfeit Movies That Marcos Bauzo Provided to CW-2


American Wedding August 1, 2003

Grind August 16, 2003

Uptown Girls August 18, 2003

Open Range August 18, 2003

The Medallion August 22, 2003

Jeepers Creepers II August 29, 2003

The Order September 5, 2003

Once Upon a Time in Mexico September 12, 2003

Matchstick Men September 12, 2003

Cold Creek Manor September 22, 2003

Underworld September 26, 2003

The Rundown September 29, 2003

Under the Tuscan Sun October 3, 2003

Duplex October 3, 2003

Kill Bill: Vol. 1 October 10, 2003

Intolerable Cruelty October 13, 2003

Mystic River October 17, 2003

Runaway Jury October 22, 2003

Scary Movie 3 October 24, 2003

Brother Bear November 2, 2003

50

(Schedule III cont’d)


Chasing Liberty January 11, 2004

Along Came Polly January 15, 2004

Disney’s Teacher’s Pet January 15, 2004

The Butterfly Effect January 23, 2004

The Perfect Score January 30, 2004

The Big Bounce February 2, 2004

You Got Served February 2, 2004

Barber Shop 2: Back in Business February 6, 2004

Miracle February 7, 2004

Catch that Kid February 8, 2004

50 First Dates February 13, 2004

Against the Ropes February 21,2004

Passion of the Christ February 26, 2004

Twisted February 27, 2004

Club Dread February 27, 2004

Hidalgo March 7, 2004

Agent Cody Banks 2: Destination London March 12, 2004

Secret Window March 12, 2004

Jersey Girl March 31, 2004

Lady Killers March 31, 2004

Home on the Range April 2, 2004

51

(Schedule III cont’d)


Hellboy April 2, 2004

The Alamo April 9, 2004

The Whole Ten Yards April 9, 2004

Kill Bill: Vol. 2 April 16, 2004

The Punisher April 16, 2004

The Day After Tomorrow May 30, 2004

Harry Potter and the Prisoner of Azkaban June 4, 2004

The Chronicles of Riddick June 11, 2004

Around the World in 80 Days June 17, 2004

The Terminal June 19, 2004

White Chicks June 26, 2004

The Notebook June 26, 2004

Anchorman: The Legend of Ron Burgundy July 9, 2004

I, Robot July 16, 2004

Catwoman July 23, 2004

The Bourne Supremacy July 24, 2004

The Village July 30, 2004

Collateral August 6, 2004

AVP: Alien vs. Predator August 13, 2004

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