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CRIMU-L L ( Ot iRT OF Th. (: C nY OF NEW YORK
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Sushma Sareen (F 60),
Defendant.
FELONY
ADA Matthew Boguanos
(212) 335-9323
?
Special Agent Brent Easter, Shield 3014 of the Department ofl Homeland
Security, Homeland Security Investigations, states as follows:
The defendant is charged with:
PL 165.54 Criminal Possession of Stolen
First Degree
(defendant #1: 4 counts)
On or about November 1, 2011 at about 12:00 P.M., at 1 Hogan tee in the
County and State of New York, the defendant knowingly possessed stolen pro erty with a
value in excess of one million dollars with intent to benefit a person other than owner of
the property and to impede recovery by an owner thereof.
The jat111al basis for this charge is as follows:
The defendant knowingly possessed stolen property with a value in excess ofJone million
dollars with intent to benefit a person other than an owner of the property to impede
recovery by an owner thereof.
The offenses were committed under the following circumstances:
I - I
Deponent states that since approximately 2007, deponent has been signed to a
squad responsible for investigating, among other things, money laundering, s uggling and
importation of contraband, cultural property crimes, art and crimes volving the
interstate sale and transportati9n of stolen art. As a Special Agent, deponen has led or
joined teams of agents andffficers in the execution of search and arrest warrant seeking the
arrest of individuals and the recovery of property and evidence associated with illegal
importations and exportations, and with the interstate and foreign transportatio and sale of
stolen goods. has also seized evidence and property during the xecution of
judicially-authorized warrants.
Deponent states the following, in part, on personal based on
participation in this investigation and experience as a Special Agent with the Dqpartment of
2D13NYD77D96
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CRIMINAL COURT OF TEE.Ci:::y OF {..j fi.\1V' YORK
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COUNTY OF NE\Y/ YORK
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'T'H'E PDOPLE, OF THE' (.'>T/-') ''' . 'i:'l VORK
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-against-
FELONY
Sushma Sareen (F 60),.
ADA Matthew Bog<Jlanos
Defendant 1 (212) 335-9323
Page2 of6

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Homeland Security-Homeland Security Investigations (DHS-HSI), and as we is familiar
with the facts and circumstances of the investigation through the following: fro personal
participation; from discussions with other agents and officers with DHS-HSI d/ or other
law enforcement agencies, including foreign law enforcement agencies; from discussions
with witnesses, including a cooperating witness that he has worked with on oth cases; and
from his review of records and reports relating to the investigation. Unless othe se noted,
wherever in this affidavit deponent asserts that a statement was made, the info arion was
provided by another law enforcement officer involved in this investigation or tness who
may have had either direct or hearsay knowledge of that statement and to who deponent
or others have spoken or whose reports deponent read and reviewed. Such sta ements are
among many statements made by others and are stated in substance and in part unless
otherwise indicated. Furthermore, deponent notes that the facts and circums ces of this
investigation have been summarized for the specific purposes of this app
attempt has been made to set forth the complete factual history of this investiga
its details.
Deponent states that in or about 2007, informant #1 was charged wi violations
of Title 18, United States Code, Section 1001 in the Central District of California,
subsequently pleaded guilty to a Customs violation, pursuant to Title 18, United tates Code,
Chapter 27, and began cooperating with ICE (now DHS-HSI) shortly theteaft . Over the
last several years, informant #1, at the direction of and under the supervision f HSI, has
had numerous communications and in-person meetings with Subhash poor and
employees of the Art of the Past During these communications and in-person eetings, the
infonnant expressed an mterest in purchasing art and antiquities from Kapoor and Art of
the Past that are "fresh," which, based on deponent's training and experience art-related
cases, is code for items that have not been widely circulated in die art world ously and
are often newly stolen or looted. Corroborating informant #1 's information, d ponent has
reviewed numerous email communications between this informant and the e ail address
artofthepast@aol.com, which took place over the course of the last several year (up to and
including October 2011), and in which informant and Kapoor discuss in ant #1 's
possible purchase of art and antiquities from Kapoor and Art of the Past.
Deponent states that on or about December 4, 2008, infonnant #1 Art of
the Past, at 1242 Madison Avenue to engage with Subash KAPOOR and his in

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CRIMINAL COURT OFTHE CITY OF NE'\I'JYORK
COUNTY OF NEW YORK
P:.ge :' ot '6
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THE PEOPLE OF THE STATE OF l
. ..
-against-
Sushma Sareen (F 60),
FELONY
ADA Matthew Bogaanos
Defendant. 1 (212) 335-9323
conversations about illicit cultural propetty. Informant #1 met with an employtof Art of
the Past ("informant #2''), known to the Office of the District Attorney, who o ered to sell
a stolen 12th Century Chola bronze statue known as the Shiva of Nataraja e "$3.5M
Shiva") for approximately $3.5 million.
Deponent states that on or about 27 September 2011, informant with
Kapoor at the Art of the Past, at 1242 Madison Avenue, New York, New York. uring this
meeting, informant #1 was equipped with an audio recording device. A cording to
informant #1 and to deponent's review of that recording, Kapoor showed, an offered to
sell to, informant #1 at that meeting the $3.5M Shiva for approximately $3.5
also showed off a $5 million Shiva of Natarja ("the $5M Shiva"). Both Shivas
same room but in opposing wall cabinets. In substance and in part, Kapoor indi
informant #1 that he had been holding both of the items for a few years, and fither stated
that he expected the items to appreciate by 10 to 15 percent per year from their lcurrent fair
market values of $3.5 and $5 million.
In addition to informant #1 's observations, Deponent reviewed sever
containing photographs of both Shivas; specifically, Art of the Past's March catalogue;
a publication from Asia Week New York 2009, indicating that Kapoor was exhi iring a 12th
Century Chola period item that appears to be the $3.5M Shiva; and a publicatio from Asia
Week New York 2010, containing a picture of Kapoor with what also appe to be the
$3.5M Shiva.
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Deponent also reviewed emails from the Art of the Past email ace unt. These
emails were obtained pursuant to a search warrant issued by the Supreme Co of New
York City, on March 16, 2013. Emails dated around April 23, 2011, \howed an ther gallery
owner in New York inquiring abou,t and attempting to sell for commission th $5M Shiva
possessed by Art of the Past.}\etween July and October of 2011, yet another in vidual was
in email negotiations with Kapoor to purchase the $5M Shiva along with two ther Chola- ,
Period bronze statues: a $2.5 million statue known as the Uma Parameshvari, "the $2.5M
Uma") and a $3.5 million statue known as the Uma-Parvat:i. ("the $3.5M Uma' . Deponent
has learned from Kapoor's business records that were seized pursuant to a se ch warrant
and confirmed by Informants ##1-2, that both Shivas and both Umas were Jist d in Art of
the Past catalogues.

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CRIMINAL COURT OF THE CGY ()F NEW YORK
COUN1Y OF NEW YORK

THE PEOPLE Of THE STATE OF NEW YORK 1
I
I FELONY
-against-
Page 4 of 6
T.....-.: .
Sushma Sareen (F 60),
ADA Matthew Bogaanos
Defendant. 1 (212) 335-9323
Deponent, along with other members of DHS-HSI, executed
authorized search warrant on January 5, 2012, at two locations for which
owner: l)'Art of the Past and 2) units 535, 733, 734, and 736 of Sofia Storage, 16
Street, New York, New York, 10024.
judicially
oor is the
West 83rd
Deponent states that according to Art of the Past's own website, Kappor
was the owner of Art of the Past; that according to U.S. Customs records d financial
records that deponent has reviewed, Subhash Kapoor appears to be the owner o Art of the
Past in that he is the signatory for the business; and that according to New York State
corporate records, Subhash Kapoor was the principal of Art of the Past.
According to Informant #2, and confirmed by informant #3, known Office
of the District Attorney and who has been familiar with the business practices of Kapoor
and Art of the Past for more than a decade, that defendant Sushma Sareen (Suba h Kapoor's
sister) currently has the power of attorney for Art of the Past and is running e business
with another individual named Mamta Sager (Subash Kapoor's daughter).
Deponent states that during the execution of the January 5, 2012, se
at Art of the Past, a CD with photographs of both Shivas and both Umas (an 10 others),
the meta-data of which indicate that the photos were taken on February 26, 2008. Also
seized pursuant to that warrant were a series of shipping documents for thos 14 statues
(both Shivas and both Um'as and 10 others) showing how each of the statues as illegally
from India to Hong Kong by the subterfuge of including the antiq statues in
otherwise legal shipments of "new Indian artistic handicrafts."
Also recovered during this search were letters addressed to Aaron Fr eman from
Subash Kapoor. The first was dated November 3, 2011, and instructed Aar n Freeman
to "give back 4 items to Selina (.Mohamad] Bronze Dancers, which are in the 4 closets." In
another letter to Freeman from Kapoor dated November 6, 2011, it reads "4 cers bronze
in 4 closets= 2 pairs nataraj & conserts" [sic]. The deponent has learned from I ottnant #2
that these 4 bronzes are the two Shivas and two Umas that are the subject of thi complaint.
Deponent is further informed that Aaron Freeman, Subash Kapoor, Sushma areen, and
Selina Mohamed all knew that the items were stolen. Freeman had the items mo ed to Selina
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CRIMlNi\L COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
THE PEOPLE OF THE STATE OF NEW YORK
-against-
FELONY
Sushma Sareen (F 60),
ADA Matthew Bog<l!anos
Defendant. 1 (212) 335-9323
Mohamed's apartment as directed.
Page 5 of6
Deponent has learned from Informants ##2 and 3 that after the Jan 5, 2012,
search warrant executed at Art of the Past, Selina Mohamad no longer want d the four
stolen bronzes kept in her apartment. It was arranged with defendant Sareen at the four
bronzes would be picked up and moved to a "safe location." According to both formants,
defendant-who knew all 4 statues were stolen-made the shipping arrangeme ts. In fact,
infonnant #2 wanted the stolen statues returned to the gallery, but defendant b lieved they
were safer with her.
According to informant #2, defendant has been closely involved wi4 the illegal
business of Art of the Past since Kapoor's attest in 2010. She has traveled to Inqiia, assisted
with wire transfers, and contacted antiquities smugglers with prior dealings with
Deponent is informed by S. Selvaraj, Deputy Superintendent of Police, Idol Wing-
Criminal Investigation Department (CID), that the subject two Shivas and two Umas (and
the 10 other statues whose photographs were on the CD seized pursuant to e warrant)
were stolen from the V aradharaja Perumi temple at Suthamally Village, Ariyalur istrict, the
state of Tamil Nadu, the Government of India, between February and April of 2 08.
Deponent is informed by Emily R. Casey, J.D. DePaul University Coli e of Law,
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2012, M.A. in Archaeological Stuaies, Yale University 2008, B.A. in Antbro ology and
Classical Studies, Drew University 2004, who is familiar with Indian laws of pa ony, that
Indian law has vested absolute and true ownership of all antiquities found in In after 1972
in the Indian government there are two applicable statutes under \rhich the piec s listed are
considered antiquities, and thei! taking and exportation is illegal: The Antiqui es and Art
Treasures Act, 1972 (52 of 1972) along with the Antiquities and Art Treasures ules, 1973
(updated January 2012); and the Ancient and Archaeological Sites and Remains ct of 1958
(updated with an Amendment and Validation in 2010) .
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CRIMINJ\ L COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
THE PEOPLE OF THE STATE OF NEW YORK
-against-
FELONY
Sushma Sareen (F 60),
ADA Matthew Bog<Jtanos
Defendant.
1
(212) 335-9323
Page,) qC6
False statements made in this written instrument are punishable as Ia class A
misdemeanor pursuant to section 210.45 of the Penal Law, and as other cruhes.
t t_ -

Special Agent Brent Easter Date