Professional Documents
Culture Documents
r u
Alexandria Division
v.
AWAIS YOUNIS,
Case No. 1:10 A<f ^i^
UNDER SEAL
also known as Sundullah Ghilzai,
also Mohhanme Khan,
also Sunny,
AFFIDAVIT IN SUPPORT OF
A CRIMINAL COMPLAINT AND ARREST WARRANT
I, Joseph J Lesinski, being first duly sworn, hereby depose and stateas follows:
currently assigned to the Joint Terrorism Task Force at the Washington Field Office. 1have
served as a Special Agent for over four years and have conducted numerous investigations of
for Awais Younis, also known as Sundullah, also known as Mohhanme Khan, also known as
Sunny. Basedon the facts contained herein, there is probable cause to believe that Awais
Younis has committed a violation of federal law. that is communicating threats using interstate
3. The facts in this affidavit come from my personal observations, my training and
experience, and information obtained from other agents and witnesses. This affidavit is intended
Case 1:10-mj-00812-IDD Document 3 Filed 12/06/10 Page 2 of 7
to show merely that there is sufficient probable cause for the requested warrant and does not set
forth all of my knowledge about this matter.
PROBABLE CAUSE
a person making several threats to use explosives in the Washington, D.C. area, to include the
Washington D.C. METRO transit system. The information was sent to FBI Washington Field
Office. Complainant identified the subject as Sundullah "Sunny" Ghilzai and had contact with
him through Facebook, an online social networking site. The complainant recounted that during
a chat with Ghilzai in November 2010, Ghilzai described how to build a pipe bomb and what
type of shrapnel would cause the greatest amount of damage. Ghilzai also statedthat he could
place a pipe bomb undera sewer head in Georgetown (assumed to be a reference to the
neighborhood in Washington, D.C.) at rush hour to produce the greatest number of casualties.
Ghilzai further stated that the third and fifth cars in the METRO trains had the highest number of
commuters on them and he could place pipe bombs in these locations and would not be noticed.
Complainant responded by saying "you wouldn't do that," and Ghilzai replied by saying, "watch
me." Complainant also related that Ghilzai has many photographs on his Facebook profile. One
photograph showed Ghilzai in Afghanistan holding an AK-47 rifle with his uncle standing in
front of a tent with explosives in the tent. The caption for the photograph read, "My family
business." A separate photograph posted on 12/01/2010 depicted a hand holding rifle rounds for
a machine gun with the caption reading "bullet behind every rock." Also, according to
complainant, subject had recently stated on Facebook that "Christmas trees were going to go
boom."
Case 1:10-mj-00812-IDD Document 3 Filed 12/06/10 Page 3 of 7
A preservation request was sent to Facebook for ID: 548712700 and a Grand Jury subpoena was
issued for subscriber information for Facebook ID: 548712700. The results of the Grand Jury
which is the same email address listed on Sundullah Ghilzai's Facebook profile and provided by
the complainant. On 12/03/2010, a search warrant issued by the U.S. District Court for the
Eastern District of Virginia was served on Facebook for Facebook ID 548712700. A review of
the results of the search warrant showed that the subject, Sundullah Ghalzai, appeared to be the
sole user of the account. Further review of the Facebook information showed that the subject
listed his cell phone as (571) 276-6427. Results of the search warrant also showed that a
majority of the Internet Protocol (IP) addresses that were used when Sundullah Ghalzai logged
onto his Facebook account were 69.143.164.219. I know that IP address is an acronym for
Internet Protocol address and is a code made up of numbers separated by three dots that
identifies a particular computeron the internet. A Grand Jury subpoena was served on Comcast
Communications for subscriber information for IP address 69.143.164.219. The results show
that the subscriber is Mohhanme Khan at 1561 South 11* Street, Arlington, Virgina.
6. Based on the user's cell phone number derived from the search warrant, a Grand
The results showed the following subscriber information: Aftab Bukhari, 1561 S 11* St,
7. The address 1561 South 1l,h Street, Arlington, Virginia, is listed as the residence
for a Awais Younis on his Virginia Department of Motor Vehicles (DMV) driver's license. A
recent query of subject in the Virginia DMV showed that his status is currently "not licensed"
3
Case 1:10-mj-00812-IDD Document 3 Filed 12/06/10 Page 4 of 7
but still listed Awais Younis' address as 1561 South 11th Street, Arlington, VA. The FBI
compared the photograph from the DMV license forAwais Younis with the photograph obtained
from Sundullah Ghilzai's Facebook profile and determined that he is the same person.
Accordingly, the FBI has concluded that Awais Younis is the true name for the subject and
8. Additional investigation has revealed another connection between subject and the
residence listed with Bukhari. Law enforcement database queries indicate that Awais Younis
was involved in an automobile accident on 05/10/2010 in Fairfax, Virginia. Younis was driving
a vehicle that was registered to Aftab Bukhari, with an address of 1561 South 1l,h Street,
Arlington, Virginia, the same individual who is the subscriber to telephone number (571) 276-
5427.
9. On 12/04/2010, a search warrant and order for disclosure of location services and
installation of a pen register and trap and trace device was issued by the U.S. District Court for
the Eastern District of Virginia and was served on T-Mobile for subject's telephone number
(571) 276-6427. Cell tower tracking shows that subject's cell phone is hitting off of towers in
FBI New Orleans Office. Complainant informed Special Agent Vandagriff that he/she had again
received messages on his/her Facebook page from username Subdullah Ghilzai, whom the FBI
Sundullah Ghilzai: oh really BITCH I know what you are up too and you better stop if
Complainant: sunny what are you talking about, why are you talking to me that way.
Sundullah Ghilzai: im just saying i know whats up and im telling you cut it out or i will.
Complainant: ummm ok i don't know what your talking about but ok.
Sundullah Ghilzai: you are sticking your nose where it doesn't belong into something
bigger then you and I. that is the problem with Americans they cant leave well enough
alone until something happends then they sit there wondering why we dropped the twin
towers like a bad habit hahaha. im telling you right now you are going to regret doing
what you did. for your peace i hope what i am hearing is all lies.
Sundullah Ghilzai: you should be nervous. You pissed me off. when things happen it
will be your fault, just wait and see. its only a matter of time.
Sundullah Ghilzai: you want a reason to complain out me and my people, i will give you
one. in your honor, how about that. Now good bye and good luck and remember next
time the only way to make things ok with me is to fear me. that I will prove. GET
READY!
Sundullah Ghilzai: do yourself a favor and tell your father to cancel work tomorrow
HAHAHAHAHAHAHAHAHAHAHAHAHAHAAHHAHAHAHAAHAHAHAHAA!
11. Complainant used a cell phone camera to take photographs of the chat session
between complainant and Sundullah Ghilzai and forwarded them to Special Agent Vandagriff.
Special Agent Vandagriff forwarded the photographs to Special Agent Lesinski and informed
12. Complainant related to Special Agent Vandagriff that it was concerned for its
safety and fearful of retaliation for coming to the authorities based on comments noted above.
Notably, the comments, "oh really BITCH I know what you are up too and you better stop if you
know what is good for you!!!!!," "im telling you right now you are going to regret what you
did," "I will give you one. in your honor," "the only way to make things ok with me is to fear
me. that i will prove. GET READY!" Complainant also stated that it is very concerned and
fearful for the complainant's father's safety based on subject's comments, "do yourself a favor
and tell your father to cancel work tomorrow." Complainant is also fearful because the
complaintant's father's employment is in Washington, D.C. and he rides the METRO to work.
13. There is probable cause to believe that Younis has commited a criminal violation
by communicating threats via interstate communications in violation of Title 18, United States
Code, Section 875(c). Communication with the complainant, both the original threats to the
METRO and the Washington, D.C. area and also the personal threats against the complainant,
CONCLUSION
14. Based on my training and experience, and the facts as set forth in this affidavit,
there is probable cause to believe that Awais Younis engaged in Interstate Communications in
15. I request that this affidavit be placed under seal until further order of this Court.
This is necessary to protect the identityof the complainant and the ongoing investigation.
Premature disclosure of the contentsof this affidavit would frustrate this investigation by
immediately alerting the subject of the investigation to the nature of the probe, the techniques
employed and the evidencedeveloped to date, and the identityof those providing the
information.
Respectfully submitted,
C_^
J^Lgamski
Serial Agent
Federal Bureau of Investigation
/s/
Ivan D. Davis
United States Magistrate Judge
Case 1:10-mj-00812-IDD Document 6 Filed 12/06/10 Page 1 of 1
Alexandria Division
DEC - 6 2010
UNITED STATES OF AMERICA
CLE.'.•<. U.S. '" n
v.
AWAIS YOUNIS,
also known as "Sundullah Ghilzai," CRIMINAL NO. 1:10 /v{vf £/.>-
also known as "Mohhanme Khan," UNDER SEAL
also known as "Sunny,"
ORDER TO SEAL
The UNITED STATES, pursuant to Local Rule 49(B) of the Local Criminal Rules
for the United States District Court for the Eastern District of Virginia, having moved to
seal the arrest warrant, the affidavit in support of the arrest warrant, the Motion to Seal,
The COURT, having found that revealing the material sought to be sealed would
alternatives that are less drastic than sealing, and finding none would suffice to protect
the government's legitimate interest in concluding the investigation; and finding that this
legitimate government interest outweighs at this time any interest in the disclosure of
support of the arrest warrant, Motion to Seal, and this Order be Sealed until counsel is
/s/
Ivan I). Davis
United States Magistrate Judge
r 0£C - 7 20IU 0
v.
Awais Younis, a.ka. "Sundullah Ghilzai," "Mohhanme ;M-EXAHT>P.i?. VIRGINIA
Khan," and "Sunny" Case No. 1:1 Omj ?/;
Defendant
ARREST WARRANT
YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without /ithout unnecessary
un delay
(name ofperson to be arrested) Awais Younis, a.ka. "Sundullah Ghilzai," "Mohhanme Khan," and "Sunny" .•.-.; •S3-
tr ~
who is accused of an offense or violation based on the following document filed with the court: ui
<£V?*. en
Return
This warrant was received on (date) L l)Fc lo lo . and the person was arrested on (date) &0^ Zoic
at(city andslate) Ar)>«cA-Qii VA •
jr\
Case 1:10-mj-00812-IDD Document 5 Filed 12/06/10 Page 1 of 3
v.
AWAIS YOUNIS,
also known as "Sundullah Ghilzai," CRIMINAL NO. 1:1C J/»T ?l>-
also known as "Mohhanme Khan," UNDER SEAL
also known as "Sunny,"
The United States, by and through undersigned counsel, pursuant to Local Rule
49(B) of the Local Criminal Rules for the United States District Court for the Eastern
District of Virginia, asks for an Order to Seal the arrest warrant and affidavit in support
of an arrest warrant until an attorney has been appointed for the defendant, AWAIS
YOUNIS, also known as "Sundullah Ghilzai," also known as "Mohhanme Khan," also
not only how much the investigators know, but also how much they do not know.
Disclosure of what the investigators do not know may lead such targets to destroy
evidence, tamper with potential witnesses not yet interviewed by investigators, or shape
their own stories to hide what the investigators do not know. We have considered
alternatives less drastic than sealing but found none that would suffice to protect the
S>
Case 1:10-mj-00812-IDD Document 5 Filed 12/06/10 Page 2 of 3
investigation.
2. The Court has the inherent power to seal indictment, summons, and
arrest warrants. See United States v. Wuaaneux. 683 F.2d 1343,1351 (11mCir. 1982);
State of Arizona v. Mavpennv. 672 F.2d 761, 765 (9th Cir. 1982); Times Mirror Company
v. United States. 873 F.2d 1210 (9,h Cir. 1989): see also Shea v. Gabriel. 520 F.2d 879
(1st Cir. 1975); United States v. Hubbard. 650 F.2d 293 (D.C. Cir. 1980); In re
Brauahton. 520 F.2d 765, 766 (9th Cir. 1975). "The trial court has supervisory power
over its own records and may, in its discretion, seal documents if the public's right of
access is outweighed by competing interests." In re Knight Pub. Co.. 743 F.2d 231,
235 (4th Cir. 1984). Sealing indictments, summons, and arrest warrants is appropriate
where there is a substantial probability that the release of the sealed documents would
Warrant for Secretarial Area Outside Office of Gunn. 855 F.2d 569, 574 (8th Cir. 1988);
Matter of Eye Care Physicians of America. 100 F.3d 514, 518 (7th Cir. 1996); Matter of
Flower Aviation of Kansas. Inc.. 789 F.Supp. 366 (D. Kan. 1992).
4. The arrest warrant and affidavit in support of the arrest warrant would
need to remain sealed until counsel is appointed for the defendant, AWAIS YOUNIS.
The United States will move to unseal the sealed materials as soon as sealing is no
longer necessary.
5. The United States has considered alternatives less drastic than sealing
Case 1:10-mj-00812-IDD Document 5 Filed 12/06/10 Page 3 of 3
and has found none that would suffice to protect this investigation.
WHEREFORE, the United States respectfully requests that the arrest warrant
and affidavit in support of the arrest warrant and this Motion to Seal and proposed
Order be sealed until counsel is appointed for the defendant, or until further order of the
Court.
Respectfully submitted,
Neil H. MacBride
United States Attorney
By:
Ronald L. Walutes, Jr.
Assistant United State's Attorney
Case 1:10-mj-00812-IDD Document 4 Filed 12/06/10 Page 1 of 1
Defendant
ARREST WARRANT
YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay
(name ofperson to be arrested) Awais Younis, a.ka. "Sundullah Ghilzai," "Mohhanme Khan," and "Sunny" ,
who is accused of an offense or violation based on the following document filed with the court:
Return
This warrant was received on (date) , and the person was arrested on (date)
at (city and state)
Date:
Arresting officer's signature
\
Case 1:10-mj-00812-IDD Document 1 Filed 12/06/10 Page 1 of 1
___ )
Defemlanl(s)
CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On orabout the date(s) of May 13, 2010 in the county of Fairfax. in the
Eastern District of Virginia , the defendant(s) violated:
pomplainant 'ssignature
FBI SA Joseph J. Lesinski
Printed name and Idle
JS 45 (11/2002)
Juvenile--Yes No X FBI tt
Defendant Name: Awais Younis Alias Name(s) "Sundallah Ghilzai" "Molihanme Khan" "Sunny"
Address:
Employment:
Birth date 1985 SStf Sex MDcr Race Nationality Place of Birth Afghanistan
Height Weight Hair Eves Scars/Tattoos
Interpreter: No _Ycs List language and/or dialect: Automobile Description
Location Status:
Arrest Date
Already in Federal Custody as of in
Already in State Custody On Pretrial Release Not in Custody
X Arrest Warrant Requested Fugitive Summons Requested
Arrest Warrant Pending Detention Sought Bond
Defense Counsel Information:
Set 2
Set 3
9-
UNITED
Case 1:10-mj-00812-IDD STATES DISTRICT
Document 12 FiledCOURT
12/09/10 Page 1 of 1
'^EASTERN DISTRICT OF VIRGINIA
• V =qR=^"ALEXANDRIA DIVISION
UNITED STATES JUDGE: IVAN D. DAVIS
CASE NO.: \Q gM fi^l.
vs.
HEARING
• p^ \ ><W
TIME: g.-p>r^
REPORTER: FTR GOLD SYSTEM
DEFENDANT(S) CLERK: EItBTOTH
COUNSEL FOR UNITED STATES: P\ IkJX&oXjLJ^
COUNSEL FOR DEFENDANT: \Q (V\.r^&A
INTERPRETER: LANGUAGE:
^<JDEFT. APPEARED ( )THROUGH COUNSEL ( )FAILED TO APPEAR ( )WARRANT TO BE ISSUED
< )RULE 5ADVISEMENT ( )DEFT. ADMITS ( )DENIES VIOLATION
Case Number:
\0 wa i <g\
befo re
The Honorable Ivan I). Davis, United States Magistrate Judge
Name ofJudicial Officer
United States District Court, 401 Courthouse Square. Alexandria. Virginia 22314
Location ofJudicial Officer
'ending this hearing, the defendant shall be held in custody by (the United States marshal) (
_) and produced for the hearing.
Other Custodial Official
.»«mattempt
ccr'sown«o tl.rca.cn.
Lion if,.,,< ^S^^^^
injure, or intimidate aprospective witness or juror
«**• °7 - «"""" ^ ^
' obstn.ctjust.ee. or threaten, mjure, or intimidate.
Case 1:10-mj-00812-IDD Document 10 Filed 12/09/10 Page 1 of 1
FILED
IN OPEN COURT.
v.
AWAIS YOUNIS,
also known as "Sundullah Ghilzai," CRIMINAL NO. 1:10mj812
also known as "Mohhanme Khan,"
also known as "Sunny,"
The United States, by and through undersigned counsel, asks that this Court
2010. His combined preliminary and detention hearing is set for December 9, 2010.
Accordingly, the government asks that the arrest warrant and affidavit in support of the
WHEREFORE, the United States respectfully requests that the arrest warrant
and affidavit in support of the arrest warrant be sealed by order of this Court.
Respectfully submitted,
Neil H. MacBride
United States Attorney
By:
Ronald L. Walutes, Jr.
Assistant United States-Attorney