EFTA00190254.pdf

Approved: BOYD M. JOHNSON III RITA GLAVIN DANIEL STEIN Assistant United States Attorneys Before: HONORABLE RONALD L. ELLIS United States Magistrate Judge Southern District of New York X QA8MAG .0463 LED COMPLAINT UNITED STATES OF AMERICA Violations of 18 U.S.C. § 371, 1952, 2421, 2422, 1956 MARK BRENER, a/k/a "Michael," COUNTY OF OFFENSE: CECIL SUWAL, NEW YORK. a/k/a "Katie," a/k/a "Kate," TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," and TANYA HOLLANDER, a/k/a "Tania Hollander," Defendants. X SOUTHERN DISTRICT OF NEW YORK, ss.: KENNETH HOSEY, being duly sworn, deposes and says that he is a Special Agent with the Federal Bureau of Investigation, and charges as follows: COUNT ONE 1. From in or about December 2004 to in or about March 2008, in the Southern District of New York and elsewhere, MARK BRENER, a/k/a "Michael," CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," and TANYA HOLLANDER, a/k/a "Tania Hollander," the defendants, and others known and unknown, unlawfully, willfully, and knowingly did combine, conspire, confederate, and agree together and with each other to violate Sections 1952(a)(3), 2421, and 2422(a) of Title 18, United States Code. EFTA00190254  2. It was a part and an object of the conspiracy that MARK BRENER, a/k/a "Michael," CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," and TANYA HOLLANDER, a/k/a "Tania Hollander," the defendants, and others known and unknown, would and did use and cause to be used facilities in interstate commerce, to wit, cellular telephones and e-mail, with intent to promote, manage, establish, and carry on, and to facilitate the promotion, management, establishment and carrying on of an unlawful activity, to wit, a business enterprise involving prostitution offenses in violation of applicable State law, and thereafter did perform and attempt to perform an act to promote, manage, establish, and carry on and to facilitate the promotion, management, establishment, and carrying on of said unlawful activity, in violation of Title 18, United States Code, Section 1952(a)(3). 3. It was a further part and an object of the conspiracy that MARK BRENER, a/k/a "Michael," CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," and TANYA HOLLANDER, a/k/a "Tania Hollander," the defendants, and others known and unknown, unlawfully, willfully and knowingly would and did transport individuals in interstate and foreign commerce with intent that such individuals engage in prostitution, and in sexual activity for which a person can be charged with a criminal offense, in violation of Title 18, United States Code, Section 2421. 4. It was a further part and an object of the conspiracy that MARK BRENER, a/k/a "Michael," CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," and TANYA HOLLANDER, a/k/a "Tania Hollander," the defendants, and others known and unknown, unlawfully, willfully and knowingly would and did persuade, induce, entice, and coerce individuals to travel in interstate and foreign commerce to engage in prostitution and in sexual activity for which a person can be charged with a criminal offense, in violation of Title 18, United States Code, Section 2422(a). Overt Acts 5. In furtherance of said conspiracy and to effect the illegal objects thereof, the following overt acts, among others, were committed in the Southern District of New York and elsewhere: a. From in or about December 2004 through in or about March 2008, MARK BRENER, a/k/a "Michael," and CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendants, controlled a website 2 EFTA00190255 located at URL www.emperorsclubvip.com. that included photographs of prostitutes' bodies, with their heads hidden, along with hourly rates for different categories of prostitutes; b. From in or about December 2004 through in or about at least January 2008, MARK BRENER, a/k/a "Michael," and CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendants, received applications from women seeking to work as prostitutes with their prostitution business (hereinafter, the "Emperors Club") at various e-mail accounts; c. On or about January 9, 2008, MARK BRENER, a/k/a "Michael," CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," and TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendants, spoke over the telephone about offering the Emperors Club's clients the opportunity to exercise a "buyout clause," which would permit clients to purchase direct access to one of the Emperors Club's prostitutes without having to contact the agency; d. On or about January 15, 2008, TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, spoke with a client of the Emperors Club over the telephone about arranging fora prostitute to come to his room at a hotel in New York, New York; e. On or about January 15, 2008, a prostitute working with the Emperors Club went to a client's hotel in New York, New York; f. On or about January 18, 2008, TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, spoke over the telephone with a new prostitute working with the Emperors Club who told LEWIS that she had never "done anything like this before" and was a "little bit nervous about it"; g. On or about January 18, 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, sent an e-mail to a potential prostitute asking her to send photographs of herself to SUWAL; h. On or about January 22, 2008, TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, told an Emperors Club client that he should not be concerned about sending a wire transfer to the Emperors Club because the wire would be sent to "QAT Consulting" so it would show up "like as a business transaction"; i. On or about January 24, 2008, a prostitute working with the Emperors Club went to a hotel in Los Angeles, 3 EFTA00190256 California; j. On or about January 24, 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, received an e-mail from a potential prostitute declining to work for the Emperors Club in part because her friend had to have sex with a client "twice in an hour"; k. On or about January 24, 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, sent an e-mail to TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, attaching a list of the aliases used by more than 50 prostitutes working with the Emperors Club in, among other places, New York, New York; Los Angeles, California; Miami, Florida; London, England; and Paris, France; 1. On or about January 24, 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, sent an e-mail to a prostitute working with the Emperors Club and asked if she would be available on February 11, 2008, in Europe for an extended prostitution date with a client to cost $25,000 or more. m. On or about January 26, 2008, TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, spoke with a client of the Emperors Club over the telephone about arranging for a prostitute to come to his room at a hotel in Los Angeles, California; n. On or about January 27, 2008, a prostitute working with the Emperors Club went to a client's hotel in Los Angeles, California; o. On or about January 27, 2008, TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, spoke with an Emperors Club client over the telephone who asked LEWIS whether the QAT consulting company could be traced because he had heard of agencies like the Emperors Club getting "busted"; p. On or about January 28, 2008, MARK BRENER, a/k/a "Michael," CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," and TANYA HOLLANDER, a/k/a "Tania Hollander," the defendants, met in the vicinity of Grand Central Terminal in New York, New York; q. On or about January 28, 2008, TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, spoke with an Emperors Club client over the telephone about arranging for a prostitute to travel from New York to Washington, D.C., to his hotel; 4 EFTA00190257  r. On or about January 30, 2008, MARK BRENER, a/k/a "Michael," CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," and TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendants, spoke over the telephone regarding problems with one of the Emperors Club's prostitutes who they believed might be abusing drugs; s. On or about January 30, 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, sent TANYA HOLLANDER, a/k/a "Tania Hollander," the defendant, a text message over the telephone asking HOLLANDER to contact an Emperors Club client to arrange an appointment with an Emperors Club prostitute in New York on February 1, 2008; t. On or about January 30, 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, sent TANYA HOLLANDER, a/k/a "Tania Hollander," the defendant, a text message over the telephone asking HOLLANDER to send two particular prostitutes on dates with Emperors Club clients in New York if possible, and HOLLANDER agreed; u. On or about January 31, 2008, TANYA HOLLANDER, a/k/a "Tania Hollander," the defendant, sent CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, a text message over the telephone informing SUWAL that she had scheduled a date for an Emperors Club client with an Emperors Club prostitute in Europe; On or about February 7, 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," and TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendants, spoke over the telephone about the fact that an Emperors Club client had complained that one of their prostitutes was "more sex than sexy"; w. On or about February 11, 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," and TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendants, communicated via text message about the fact that the three-day rates for two of the Emperors Club prostitutes were $50,000 and $35,000, respectively; x. On or about February 12, 2008, TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, spoke with an Emperors Club client over the telephone about arranging for a prostitute to travel from New York to Washington, D.C.; and y. On or about February 13, 2008, an Emperors Club prostitute traveled from New York, New York, to a hotel in Washington, D.C. (Title 18, United States Code, Section 371.) 5 EFTA00190258  COUNT TWO 6. From in or about December 2004, up through and including in or about March 2008, in the Southern District of New York and elsewhere, MARK BRENER, a/k/a "Michael," and CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendants, and others known and unknown, unlawfully, willfully, and knowingly combined, conspired, confederated, and agreed together and with each other to commit an offense against the United States, to wit, to violate Title 18, United States Code, Section 1956. 7. It was a part and an object of the conspiracy that MARK BRENER, a/k/a "Michael," and CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendants, and others known and unknown, in an offense involving and affecting interstate and foreign commerce, knowing that the property involved in certain financial transactions represented the proceeds of some form of unlawful activity, unlawfully, willfully, and knowingly would and did conduct such financial transactions, which in fact involved the proceeds of specified unlawful activity, to wit, the use of facilities in interstate commerce with the intent to promote, manage, establish, and carry on, and to facilitate the promotion, management, establishment, and carrying on of an unlawful activity, to wit, a business involving prostitution offenses in violation of applicable State law, in violation of Title 18, United States Code, Section 1952(a)(3); interstate transportation of individuals to engage in prostitution, in violation of Title 18, United States Code, Section 2421; and persuasion of individuals to travel in interstate and foreign commerce to engage in prostitution, in violation of Title 18, United States Code, Section 2422(a), (i) with the intent to promote the carrying on of specified unlawful activity, and (b) knowing that the transactions were designed in whole and in part to conceal and disguise the nature, the location, the source, the ownership, and the control of the proceeds of specified unlawful activity, in violation of Title 18, United States Code, Sections 1956(a)(1)(A)(i) and 1956(a)(1)(B)(i). Overt Acts 8. In furtherance of the conspiracy and to effect the illegal objects thereof, the following overt acts, among others, were committed in the Southern District of New York and elsewhere: a. In or about December 10, 2004, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, opened a bank account in the name of "QAT Consulting Group, Inc."; 6 EFTA00190259  b. In or about November 30, 2006, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, opened a bank account in the name of "QAT International, Inc."; c. From in or about December 2004 to in or about January 2008, MARK BRENER, a/k/a "Michael," and CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendants, received more than $1 million in proceeds from the Emperors Club prostitution business in bank accounts in the names of "QAT Consulting Group, Inc.," and "QAT International, Inc."; d. From in or about December 2004 to in or about January 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, wrote more than $100,000 in checks to cash from bank accounts in the names of "QAT Consulting Group, inc.," and "QAT International, Inc."; e. From in or about December 2004 to in or about January 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, wrote more than $39,000 in checks to Protech Consultants, a company whose bank account MARK BRENER, a/k/a "Michael," the defendant, controlled; and f. From in or about December 2004 to in or about January 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, wrote checks and sent wire transfers totaling more than $400,000 from bank accounts in the name of "QAT Consulting Group, Inc.," and "QAT International, Inc.," to more than 50 prostitutes working with the Emperors Club in the United States and Europe. (Title 18, United States Code, Section 1956(h).) 9. The bases for my knowledge and for the foregoing charges are, in part, set forth in the attached Affidavit of Kenneth Hosey in support of the Application for Arrest Warrants, Search Warrants, and Seizure Warrants, which is incorporated by reference herein. 7 EFTA00190260  WHEREFORE, deponent prays that warrants be issued for the arrests of the above-named defendants so that they may be imprisoned or bailed, as the case may be. KENNETH HOSEY Special Agent Federal Bureau of Investigation Sworn to before me this 15 day of March, 2008. Lt./lot WA.' TED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF NEW YORK EFTA00190261 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PpAcT€O IN THE MATTER OF THE APPLICATION SEALED OF THE UNITED STATES OF AMERICA AFFIDAVIT IN SUPPORT OF. APPLICATION FOR FOR ARREST WARRANTS, SEARCH ARREST WARRANTS, SEARCH WARRANTS, AND WARRANTS, AND SEIZURE WARRANTS SEIZURE WARRANTS X STATE OF NEW YORK COUNTY OF NEW YORK : ss.: SOUTHERN DISTRICT OF NEW YORK ) KENNETH HOSEY, being duly sworn, deposes and says: I. INTRODUCTION 1. I have been a Special Agent with the Federal Bureau of Investigation ("FBI") for approximately twelve years. During that period, I have participated in investigations involving surveillance, undercover transactions, the introduction of undercover agents, debriefings of informants, and reviews of ' recorded conversations and documents. I have also participated in numerous arrests. 2. I make this Affidavit in support of the following applications: a. An application for warrants to arrest MICHAEL BRENER, a/k/a "Michael," CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," and TANYA HOLLANDER, a/k/a "Tania Hollander," the defendants; b. An application for warrants to search the following premises: (i) 1 Because this location is in the District of New Jersey, I will be requesting the search warrant from a United States Magistrate Judge for the District of New Jersey. EFTA00190262  (ii) (iii) S c. An application for seizure warrants for the following: (i) All funds in (ii) (iii) (iv) (v) 3. I have been involved in the investigation of this case. This Affidavit is based upon, among other things, my personal participation in this investigation, my conversations with other law enforcement officers who have participated in this investigation, my review of court-authorized wire and electronic communications and e-mails recovered from search warrants, my review of bank records and other documents, and my participation in physical surveillance. Because this Affidavit is being submitted for the limited purpose of establishing probable cause, it does not include all of the facts that I have learned during this investigation. Where I report statements made by others, those statements are reported in substance and in part. 4. As explained in more detail below, there is probable cause to believe that the defendants are organizers and managers of a criminal organization engaged in illegal prostitution and money-laundering activities throughout the United States and Europe. 2 Because this location is in Brooklyn, New York, I will be requesting the search warrant from a United States Magistrate Judge in the Eastern District of New York. 2 EFTA00190263 II. THE EMPERORS CLUB'S PROSTITUTION CRIMES A. Overview 5. In or about October 2007, the FBI and the United States Internal Revenue Service-Criminal Investigative Division ("IRS-CID") began an investigation focusing on an organization suspected of conducting prostitution and money-laundering crimes in the United States and Europe. Through the investigation, the FBI and IRS have determined that MARK BRENER, a/k/a "Michael," CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," and TANYA HOLLANDER, a/k/a "Tania Hollander," the defendants, organized, managed, and operated the Emperors Club VIP ("Emperors Club"), an international criminal organization engaged in illegal prostitution and money-laundering activities. BRENER, SUWAL, LEWIS, and HOLLANDER used the Emperors Club to arrange for prostitution activity between wealthy male clients and more than 50 prostitutes in, among other places, New York, New York; Washington, D.C.; Los Angeles, California; Miami, Florida;' London, England; and Paris, France. The defendants charged the Emperors Club's clients fees ranging from $1,000 to more than $5,500 per hour for prostitution services. 6. Through the Emperors Club, MARK BRENER, a/k/a "Michael," CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," and TANYA HOLLANDER, a/k/a "Tania Hollander;" the defendants, received more than $1 million in illicit proceeds from their international prostitution business. BRENER, SUWAL, LEWIS, and HOLLANDER accepted payment 3 At all times relevant to this Affidavit, New York State law made it a crime when a person "engages or agrees or offers to engage in sexual conduct with another person in return for a fee." NY CLS Penal § 230.00. Similarly, District of Colombia law made it a crime for "any person to engage in prostitution or to solicit for prostitution," which is defined as "a sexual act or contact with another person in return for giving or receiving a fee," D.C. Code § 22-2701; California law made it a crime for a person to "pay money or other valuable thing for, any person for the purpose of prostitution," which is defined to include "any lewd act between persons for money or other consideration," California Penal Code SS 266(e), 647; and Florida law made it a crime to commit or solicit prostitution, which is defined as "the giving or receiving of the body for sexual activity for hire," Florida Statutes § 796.07. EFTA00190264 from their clients in the form of cash, American Express charges, wire transfers, and money orders. To conceal the nature of the Emperors Club prostitution business, MARK BRENER, a/k/a "Michael," and CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendants, received prostitution proceeds in United States bank accounts in the names of front companies, including QAT Consulting Group, Inc. and QAT International, Inc. 7. As demonstrated below, the evidence obtained during this investigation includes, among other things, statements of a confidential source who worked with the Emperors Club; statements of an undercover officer; more than 5,000 telephone calls and text messages intercepted pursuant to court- authorized wiretaps; more than 6,000 e-mails recovered pursuant to court-authorized search warrants; bank records; travel and hotel records; and physical surveillance. 8. The evidence has established that the four defendants played different roles with respect to the criminal activities of the Emperors Club: a. MARK BRENER, a/k/a "Michael," the defendant, was the leader of the Emperors Club. BRENER had the ultimate decision-making authority over the Emperors Club. BRENER recruited prospective prostitutes, determined how to market the Emperors Club's prostitutes to clients, and resolved problems that arose with the Emperors Club's clients and prostitutes. b. CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, was the day-to-day organizer of the Emperors Club's operations. SUWAL controlled the Emperors Club bank accounts, supervised the Emperors Club's booking agents, and received applications from the Emperors Club's prospective prostitutes. c. TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," and TANYA HOLLANDER, a/k/a "Tania Hollander," the defendants, were booking agents for the Emperors Club. LEWIS and HOLLANDER took requests over the telephone from the Emperors Club's clients for prostitution services, coordinated over the telephone with the Emperors Club's prostitutes to carry out acts of prostitution, and referred issues relating to payment for prostitution services to CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant. B. The CS, 9. I have spoken with another law enforcement officer who has been involved in the investigation of a number of prostitution businesses in the New York City area. The law 4 EFTA00190265 enforcement officer informed me that in the end of 2006 he spoke with a confidential source (the "CS") who had worked as a prostitute in New York City. The CS was immunized from prosecution as a result of her cooperation with law enforcement. In addition, the law enforcement officer with whom I spoke confirmed that the CS had provided information that was reliable and corroborated by independent evidence. The CS told the law enforcement officer that during 2006 she worked for the Emperors Club as a prostitute. 10. In an effort to further corroborate the information provided by the CS, I have reviewed bank records for account in the name of QAT Consulting Group, Inc. (the "First QAT Account"). According to the bank records, in 2006, the CS in fact received a check for more than $1,000 from the First QAT Account. As discussed in further detail below, the defendants have directed clients of the Emperors Club to make payments for prostitution services to the First QAT Acc and also to a second bank account at/Mabank account in the name of QAT International, Inc. (the "Second QAT Account"). C. The Undercover 11. In the course of this investigation, I have worked with an agent acting in an undercover capacity (the "Undercover"). The Undercover posed as a potential client of the Emperors Club prostitution business, and made arrangements over the telephone with TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, for an appointment with an Emperors Club prostitute. He then coordinated over e-mail with CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, to make a deposit of more than $1,000 towards the appointment in the Second QAT Account. 12. The Undercover initially went on the Internet and accessed a website located at URL www.emperorsclubvip.com. (the "Website"). The Website included photographs of Emperors Club prostitutes' bodies, with their faces hidden, along with hourly rates for different categories of prostitutes. The Website ranked the prostitutes using a ranking system from one to seven diamonds, and charged hourly rates according to the assigned ranking. For example, according to the Website, the Emperors Club charged $1,000 per hour for a three-diamond prostitute, and $3,100 per hour for a seven-diamond prostitute. The Website offered the Emperors Club's most valued clients "membership" in the "Icon Club," a status which allowed the clients to access restricted areas of the Website and permitted them to schedule appointments for illegal prostitution services with the most highly-ranked prostitutes whose fees started at $5,500 per hour. 5 EFTA00190266 According to the Website, in certain circumstances, the Emperors Club also offered its clients the opportunity to exercise a "buy- out clause," which permitted them to purchase direct access to one of the Emperors Club's prostitutes without having to contact the agency. The Website listed (the "2114 Number") as one of the numbers for clients to use to contact the Emperors Club.° 13. On or about October 20, 2007, at approximately 9:30 p.m., the Undercover placed a call to the 2114 Number, which I have determined from toll records was forwarded to a cellular telephone assigned call number _6587 (the "6587 Number"). The call was answered by TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant.5 During the conversation, the Undercover and LEWIS discussed an appointment the Undercover wanted to arrange for October 25, 2007. The Undercover explained that he was hoping to have a "good night" for himself. LEWIS asked the Undercover which particular woman he wanted to see, to which the Undercover responded that all the women on the Website were "beautiful." The Undercover requested an appointment with "Helena" - one of the women depicted on the Website - but LEWIS told him that "Helena" was "based in London." The Undercover then asked for an appointment with "Drew," to which LEWIS 4 As discussed below, I have determined that telephone calls placed to the 2114 Number were typically forwarded to various cellular telephones used by CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," and TANYA HOLLANDER, a/k/a "Tania Hollander," the defendants. 5 My belief that the person using the 6587 Number in this and other calls summarized above was LEWIS is based on the following: First, an IRS-CID agent working on this case has reviewed bank records for the First QAT Account for the period December 10, 2004, through January 2008. The IRS-CID agent has determined that during this time period approximately $53,473.00 worth of checks were written from the First QAT Account to "Rachelle Lewis," a portion of which were negotiated through an account at Sia in the name of According to records obtained from the current address for the account holder of the account is On February 28, 2008, another a cer spo e with LEWIS, who identified herself as "Tameka Lewis," and saw her enter at Second, during calls intercepted over the 6587 Number, LEWI consistently identified herself over the telephone as either "Rachelle" or "Temeka." 6 EFTA00190267 responded that "Drew" was based in New York, but had very limited availability. The Undercover stated that he was looking for someone who was "physically very attractive" and had a "fun personality.x' LEWIS stated that, based on the women the Undercover had identified, it sounded like the Undercover was not necessarily interested in "that model look," but maybe someone "a little curvier than a model." After the Undercover agreed, LEWIS said that "Drew" was a "great choice." It "Drew" was not available, LEWIS said she would recommend "Raquel," whom she described as a "brunette" who was "beautiful . . . All-American . . very clean, . . . very fresh." She explained that "Raquel" and "Drew" had "similar body types," though "Raquel" was "probably a little bit bustier on top." LEWIS told the Undercover that for "Drew" there was a "two-hour, introductory rate" of $2,000, and that "Raquel's" hourly rate was $1,500 for the first two hours, with a discount to $1,200 for the third hour. The conversation ended with the Undercover asking LEWIS for a follow-up call to confirm the arrangements, which LEWIS promised to do. LEWIS further stated that she could be reached at either the " Inumber" (believed to be a reference to the 2114 Number) or t e "347 number" (believed to be a reference to the 6587 Number), and that the Undercover could always reach her directly at the "347 number." 14. On or about October 22, 2007, at approximately 2:33 p.m., the Undercover received a call from TEMEKA RACHELLE ' LEWIS, a/k/a "Rachelle," the defendant. During the call, LEWIS and the Undercover confirmed an appointment for the Undercover to meet "Raquel." LEWIS told the Undercover that he would have to meet "Raquel" at a "private location just . . . for the beginning of the appointment . . . where she would collect the fee," and suggested that they meet at "a hotel or a private home." The Undercover asked if there was another way he could handle the payment of the fee, and LEWIS responded that he could either "pay cash," use his American Express card, or pay by wire transfer. The Undercover expressed a preference for a wire transfer, and LEWIS told him she would send him the necessary information, asking if she could send it to him by text message. 15. On or about October 22, 2007, at approximately 3:24 p.m., the Undercover called the 2114 Number, which was ' The Undercover also stated that, in the long term, he wanted to discuss "other things" with LEWIS, such as, hiring a group of women to entertain his clients. LEWIS said that "certainly could be arranged," and that "our models are the types of women who can handle themselves well in any situation." 7 EFTA00190268 forwarded to another cellular telephone, and spoke to TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant. During the call, LEWIS stated that she had spoken to "the office," and that they preferred to send him the wire transfer information by e- mail. The Undercover provided LEWIS with his e-mail address. 16. The Undercover subsequently received an e-mail from an e-mail address identified as "reservationsWemperorsclubvip.com." The e-mail provided the Undercover with instructions for paying his fee by wire transfer and was signed by "Katie," which I believe to be an alias used by CECIL SUWAL, the defendant. In the e-mail, "Katie" identified the Second QAT Account as the bank account where the Undercover should send his wire transfer. The Undercover later wire transferred more than $1,000 to the Second QAT Account.' 17. On or about November 29, 2007, at approximately 3:47 p.m., the Undercover called TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, on the 6587 Number. During the call, the Undercover asked to reschedule his appointment with "Raquel." LEWIS told the Undercover that "Raquel" had moved back to Los Angeles, California. The Undercover then asked if "Raquel" would travel back from California to New York to be with him. LEWIS stated that "Raquel" would travel, but it would have to be a lengthy appointment. LEWIS told the Undercover that she would have to check with "Raquel" about her availability. During a later call on November 29, 2007, over the 6587 Number, LEWIS confirmed to the Undercover that Raquel would travel to New Jersey for an appointment with the Undercover. D. The Intercepted Communications And Seized E-Mails 18. Based in part on the information provided by the CS and the Undercover, described above, on or about January 8, 2008, the Honorable Charles S. Haight, United States District Judge for the Southern District of New York, authorized the interception of telephone calls and text messages over the 6587 Number. On or about February 7, 2008, authorization expired, but was renewed on or about February 11, 2008, by the Honorable Gerard E. Lynch. On or about January 23, 2008, based in part on The Undercover later told TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, that he had to reschedule his October 25, 2007, appointment. As discussed above, the FBI relied on the Undercover's recorded conversations with LEWIS, among other evidence, to support an application for court authorization to wiretap the 6587 Number. 8 EFTA00190269 communications intercepted over the 6587 Number, the Honorable Leonard B. Sand, United States District Judge for the Southern District of New York, authorized the interception of telephone calls and text messages over the cellular telephone assigned call number 4IIIIIIII/3390 (the "3390 Number"), which was used by CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," and MARK BRENER, a/k/a "Michael," the defendants, to operate the Emperors Club and to make strategic decisions regarding its prostitution and money- laundering activities. On or about February 21, 2008, the Honorable M. McKenna, United States District Judge for the Southern District of New York, re-authorized the interception of telephone calls and text messages over the 3390 Number. To date, the FBI has intercepted more than 5,000 telephone calls and text messages over the 6587 Number and the 3390 Number. 19. On or about January 25, 2008, based on wiretap interceptions and other evidence developed during the investigation, the FBI obtained a search warrant from the Honorable Gabriel W. Gorenstein, United States Magistrate Judge for the Southern District of New York, for the content of the e- mail account entitled "[email protected]" (the "Emperors Club E-Mail Account"), which was used primarily by MARK BRENER, a/k/a "Michael," and CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendants, to recruit new prostitutes for the Emperors Club. As a result of the search warrant, the FBI obtained more than 6,000 e-mails relating to the Emperors Club's operations. 20. The intercepted telephone calls and text messages, combined with the recovered e-mails, demonstrate that MARK BRENER, a/k/a "Michael," CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," and TANYA HOLLANDER, a/k/a "Tania Hollander," the defendants, collectively managed the prostitution activities of the Emperors Club. These intercepted wire and electronic communications also confirmed that the defendants were, among other things: (1) making various strategic decisions regarding the Emperors Club's criminal operations; (2) using cellular telephones and e-mail to promote prostitution in the United States and Europe; and (3) conspiring with certain clients to transport prostitutes interstate for the purposes of prostitution. 1. The Emperors Club's Operational Issues 21. During a number of intercepted telephone calls the text messages, and recovered e-mails, the defendants discussed various strategic issues relating to the Emperors Club. These issues included relationships with the Emperors Club's clients, 9 EFTA00190270 the recruitment, marketing, and advertising of Emperors Club's prostitutes, hourly rates and other payment issues, and problems that arose with the Emperors Club's prostitutes and clients. A number of these intercepted telephone calls and text messages and recovered e-mails are summarized below. a. The "Buv-Out" Option 22. On January 10, 2008, at approximately 8:44 p.m.,' MARK BRENER, a/k/a "Michael," the defendant,' using the 3390 Number, called TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, at the 6587 Number. During the call, BRENER and LEWIS discussed a business arrangement, which they referred to as a "buy-out," by which a client of the Emperors Club could "buy out" a prostitute, and thereby arrange appointments with her without having to go through the Emperors Club. At one point in the conversation, BRENER handed the telephone to CECIL SUWAL, a/k/a All times are Eastern Standard Time unless otherwise indicated. 9 My belief that the person using the 3390 Number in this and other calls summarized above, and using the telephone assigned call numbersms0937 (the "0937 Number") in other calls summarized above, was BRENER is based on, among other things, the following: First, the 3390 Number and the 0937 Number are both subscribed to CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, at Time arner Cable records reflect that the account of MARK BRENER also is registered to BRENER at the address. Second, in intercepted calls over the 3390 Number and the 0937 Number, an individual referred to as "Michael" discussed traveling with SUWAL to meet with other co-conspirators. Other FBI agents then observed BRENER with SUWAL on surveillance meeting with other co- conspirators. Moreover, after a series of intercepted calls involving "Michael" and SUWAL, on January 28, 2008, I observed individuals resembling BRENER and SUWAL inside their."'" AIIIIIIIminivan near the vicinity of Grand Central Terminal in Manhattan. Also, a New York City Police Department Officer, at the FBI's request, identified the man driving the Honda Odyssey as BRENER. As a result, I believe that the "Michael" speaking over the 3390 Number and the 0937 Number during the course of the wiretaps was BRENER. 10 EFTA00190271 "Katie," a/k/a "Kate," the defendant,'" who continued discussing the same subject with LEWIS; in particular, SUWAL and LEWIS discussed a specific client who had expressed interest in such an arrangement, and the fact that they needed to find out how much such an arrangement was worth for that client. SUWAL indicated that during a conversation the day before they had disregarded this client's potential for the "buy out." SUWAL then stated: "[O]n second thought . . . why would we completely disregard him. [I]f . . . maybe a good deal could come of it, . . . maybe it would come more [money) than . . . what we're currently seeing and receiving from him. So . . . when he calls asking for `Raquel' [believed to be the alias of a prostitute], he wants to see her again, again, again, . . . you can always say, `You know, you may be interested in privately dating her which is when . . . you contact her directly . . . and not necessarily going through the agency.'' (Call 865C). b. Advertising 23. On January 12, 2008, at approximately 8:59 p.m., TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, using the 6587 Number, called MARK BRENER, a/k/a "Michael," the defendant, at the 0937 Number. During the call, BRENER and LEWIS discussed the Emperors Club's prostitution operations in Los Angeles, California. LEWIS told BRENER: "I don't know if, if you're gonna io My belief that the person using the 3390 Number in this and other calls summarized above, and using the 0937 Number in other calls summarized above, was SUWAL is based on, among other things, the following: First, the 3390 Number and the 0937 Number are subscribed in the name "Cecil Suwal." Second, on January 17, 2008, there were calls between the 3390 Number and TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, on the 6587 Number, regarding meeting in New Jersey. Around the time of these calls, other FBI agents and I were following thee inivan and observed both MARK BRENER, a/k/a "Michael," the defendant, and a female I believed to be SUWAL inside. Another FBI agent then observed LEWIS enter the with SUWAL and BRENER. Another FBI agent compared a river s license photograph of SUWAL with the person who was inside the fiffliand believed that the person was SUWAL. Third, during February 2008, the FBI intercepted calls over the 3390 Number during which the speaker said that she and "Michael," believed to be a reference to BRENER, were traveling to London. From law enforcement records, I have determined that during February 2008 SUWAL and BRENER in fact traveled to London under their true names. 11 EFTA00190272 be advertising but . . . it's just been really, really slow in LA . . . We have a lot of girls there now . . . we need calls." BRENER said that he understood, and thanked LEWIS. (Call 1507R). • c. Recruitment Of Prostitutes 24. On January 18, 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, sent an e-mail from the Emperors Club E-Mail Account to a potential prostitute. In the e-mail, SUWAL stated: "It was a pleasure meeting you last night. If you are having trouble emailing the pictures perhaps we can just meet up, take them and then return them to you the next day after we scan them into the computer. You can also feel free to email any that are `email-able' now. . . ." 25. On January 24, 2008, CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, received an e-mail at the Emperors Club E-Mail Account from a potential prostitute. In the e-mail, the potential prostitute wrote: Hi, I have just spoke to a friend of mine who done [sic] her first job for you . . . Unfortunately I wasn't very happy to find out that its only 500 ph + over 50% commission fees . . . I was aware of 50% but didn't know the price was 500 . . . This is a kind of money I make very easily in photoshoots and the reason I wanted to join your site to make an extra money . . The other think [sic] I was little bit shock and confuse that she had a sex with him twice in an hour and without her [sic] taking her out for dinner before. . So I am very sorry I don't think this is my kind of thing. I was told by your assistant in London this is more like a dating agency than an escort. But to provide sex for £500 an hour, I just thing [sic] this is not a price I would ever consider of doing it for. . d. Marketing 26. On January 19, 2008, MARK BRENER, a/k/a "Michael," the defendant, using the 0937 Number, called TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, at the 6587 Number. During the call, BRENER asked LEWIS if his "intervention" was needed regarding the unavailability of a girl for an Emperors Club client in Miami, Florida. LEWIS told BRENER no, and listed three prostitutes who were working in Miami. BRENER commented that one of the prostitutes "looks like [a] butcher in my opinion," and told LEWIS that he was not sure if LEWIS could 12 EFTA00190273 t "market this girl." BRENER and LEWIS then discussed the other two Miami-based prostitutes. BRENER asked LEWIS if the Miami client sounded like a rich person, and BRENER indicated that he was thinking of offering the client "membership." BRENER commented: "[I]f he's rich guy . . . we send or fly somebody to them, right?" BRENER and LEWIS then discussed coaching another prostitute, and LEWIS suggested that "Katie," a reference to CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," ,the defendant, should call her. LEWIS stated that she doubted that the prostitute they were discussing would ever be an "Icon" model. (Call 2344R). 27. On February 11, 2008, at approximately 12)53 p.m., CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, using the 3390 Number, sent a text message to TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, at the 6587 Number, stating: "[C]hrissy is at $2100/hr." (Call 3582C). LEWIS responded: "New pix or same ones?" (Call 3585C). SUWAL stated: "Same ones . . . she'll have new ones soon but so far the ones she 1st gave are the best." (Call 3588C). LEWIS responded: "Ok." (Call 3598C). SUWAL, using the 3390 Number, sent another text message to LEWIS at the 6587 Number, stating: "[S]omeone asked what her 3 day rate was. I told him about 50,000 & that emilys was about 35,000 in case he calls." (Call 3594C). LEWIS replied: "Ok." (Call 3598C). e. Availability Of Prostitutes 28. On January 18, 2008, at approximately 5:41 p.m., TEMEKA RACHELLE LEWIS, a/k/a "Rachelle," the defendant, using the 6587 Number, received a call from a new prostitute working with the Emperors Club. LEWIS and the new prostitute discussed an upcoming date that LEWIS had scheduled for her in Los Angeles, California. The new prostitute told LEWIS that she had talked to "Katie," a reference to CECIL SUWAL, a/k/a "Katie," a/k/a "Kate," the defendant, but she had never done anything like this before and was a little bit nervous about it. LEWIS said that she would let the client know that this was her first appointment, and indicated that "Katie" could best answer how to handle oneself on an appointment. The new prostitute was concerned because she wanted to be more anonymous, and did not want to be pictured on the Website in part because of her family background. LEWIS told the new prostitute that it was in her interest to have pictures on the Website, and commented: "There are some pictures where I think that even if you knew who the person was, you couldn't really identify [them]." LEWIS suggested that when "Katie" cropped the pictures, she should tell "Katie" that she did not want anything above the chin. The new prostitute and LEWIS discussed the possibility of the new prostitute becoming an 13