Draft
Affidavit in Support of a Criminal Complaint Alleging Fraud and Wrongful and
Unlawful U.S. Aid and Support of Israel
(May 1, 2014)
I, W. Doe 150, being duly sworn and deposed, state:
I. INTRODUCTION
1.I am a Citizen of the United States and a resident of Virginia.
2.This affidavit contains information necessary to support probable cause for a Criminal
Complaint. It is not intended to include every fact or matter observed or known to the
government or me. The information provided is based on my personal knowledge and
observations, information conveyed to me by others, and my review of records,
documents, and other physical evidence.
3.This application is submitted in support of a criminal complaint charging
a. U.S. Representative Jane Doe 250 and the other proposed subjects of
investigation listed on Enclosure 1 to Attachment A and pro Israel supporters D. Doe
500 and the other pro Israel supporters listed on Enclosure 2 to Attachment A for
violation of Title 18, U.S. Code, Sec. 371, Conspiracy to Defraud the United States
which prohibits conspiring to use any form of fraud in an effort to impair or obstruct the
function of a U.S. Government branch or agency
b. U.S. Representative Jane Doe 250 and the proposed subjects of investigation
listed on Enclosure 1 to Attachment A for:
a. Violation of Title 22 U.S.C. 22, Sections 2771-2781. Arms Export Control
Act of 1976 (ACEA), which requires that governments that receive arms from the
United States use them only for legitimate self-defense.
b. Violation of Title 22 U.S.C. § 2151, The Foreign Assistance Act of 1961
(P.L. 87-195) which requires that "No assistance may be provided… to the government
of any country which engages in a consistent pattern of gross violations of
internationally recognized human rights."
c. Violation of Title 18 U.S.C. § 201(b)(2) which makes it a crime for anyone who
being a public official or person selected to be a public official, directly or indirectly,
corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of
value personally or for any other person or entity, in return for:
(A) being influenced in the performance of any official act;
(B) being influenced to commit or aid in committing, or to collude in, or allow, any
fraud, or make opportunity for the commission of any fraud, on the United States; or
(C) being induced to do or omit to do any act in violation of the official duty of
such official or person;
d. Pro Israel supporters
D. Doe 500 and the other pro Israel supporters listed on
Enclosure 1 to Attachment A, for violation of Title 18 U.S.C. § 201(b)(1), which makes
it a crime for anyone who directly or indirectly, corruptly gives, offers or promises
anything of value to any public official or person who has been selected to be a public
official, or offers or promises any public official or any person who has been selected to
be a public official to give anything of value to any other person or entity, with intent to:
(A) influence any official act; or
(B) influence such public official or person who has been selected to be a public
official to commit or aid in committing, or collude in, or allow, any fraud, or make
opportunity for the commission of any fraud, on the United States; or
(C) induce such public official or such person who has been selected to be a
public official to do or omit to do any act in violation of the lawful duty of such official or
person;
U.S. Representative Jane Doe 250 and pro Israel supporters D. Doe 500 and the
other pro Israel supporters listed on Enclosure 1 to Attachment A
II. FACTS ESTABLISHING PROBABLE CAUSE
4. Pro Israel supporter D. Doe 500 and other pro Israel supporters including those listed
in Enclosure 2, directly or indirectly, corruptly have given the amount shown in
Enclosure 2 to Representative Jane Doe 250 and the others listed in Enclosure 1, public
officials, with intent— to influence official act(s); and induce Representative Jane Doe
250 and the others listed in Enclosure 1 to do or omit to do any act(s) in violation of the
lawful duty of such officials or persons as outlined below.
5. Representative Jane Doe 250 being a public official, corruptly, indirectly and/or
directly, solicited, received, accepted, and/or agreed to receive or accepted more than
$436,789.00 in campaign contributions from Pro-Israel donors from 1997 until now
including $500 or more from Pro-Israel supporters D. Doe 500 and the others listed in
Enclosure 2, personally and/or for other persons or entities, in return for being
influenced in the performance of official acts, including:
a. Providing United States arms and military aid that was used for other than
legitimate self-defense.
b. Providing assistance to the government of Israel which engages in a consistent
pattern of gross violations of internationally recognized human rights.
c. Passing a Resolution denouncing the Goldstone Report, a United Nations inquiry
that found that Israel committed scores of war crimes in its three-week assault last year
in Gaza. The inquiry also accused Hamas of war crimes.
EXAMPLES OF ISRAEL’S USE OF U.S. SUPPLIED ARMS FOR OTHER THAN SELF
DEFENSE PURPOSES AND GROSS VIOLATIONS OF HUMAN RIGHTS
6. Representative Jane Doe 250 voted for, introduced and/or supported legislation
which provided billions of dollars in military aid and arms and munitions for Israel. Israel
has used these billions of dollars to purchase U.S. military technology including fighter
jets, helicopters, guns, ammunition, etc. Much of this military aid, technology, arms and
munitions has been used by Israel in its illegal:
a. Forty three year long military occupation of the Palestinian West Bank, East
Jerusalem, and Gaza Strip throughout which Israel has committed systematic human
rights abuses of Palestinians, illegally colonized Palestinian land, defied international
law and UN resolutions, denied Palestinians self-determination, and prevented a just
and lasting Israeli-Palestinian peace, all with the unwavering diplomatic, military, and
corporate support of the United States
.
b. Military campaigns in Gaza and Lebanon
c.Blockade of Gaza
d.May 30, 2010 attack on the flotilla attempting to deliver humanitarian and
building supplies to the people of Gaza.
7. The United Nations' top human rights official, Ms. Louise Arbour, said in a statement
released by her Geneva office:
a. The killing and maiming of civilians under attack in Lebanon, Israel and Gaza
and the West Bank could constitute war crimes.
b.The scale of killings in the region, and their predictability, could engage the
personal criminal responsibility of those involved, particularly those in a position of
command and control.
c. International humanitarian law is clear on the supreme obligations to protect
civilians during hostilities ... That same obligation exists, she added, in international
criminal law, which defines war crimes and crimes against humanity.
d. Indiscriminate shelling of cities constitutes a foreseeable and unacceptable
targeting of civilians. Similarly, the bombardment of sites with alleged military
significance, but resulting invariably in the killing of innocent civilians, is unjustifiable.
8. The following is from a January 5, 2009 letter from Congressman, Dennis Kucinich to
Secretary of State, Condoleezza Rice with regard to Israeli military forces attacks on
and blockade of Gaza:
The Associated Press reported: "children are paying the price. . . . But the broad
range of Israel's targets--police compounds, fire stations, homes of militants, Hamas-run
mosques and university buildings--means most shelling is occurring in residential
areas." The extensive destruction of such civilian institutions violates Article 33 of the
Fourth Geneva Convention, which prohibits the wanton destruction of property and
collective punishment of a civilian population. There have also been reports of bombings
of United Nations (UN) schools, despite the fact that Israeli Defense Forces were
allegedly given coordinates of the facilities prior to the current escalation in violence.
The blockade that Israel has imposed on Gaza since 2006 has further
exacerbated the extent of collateral damage, as hospitals and morgues have been
unable to cope with the magnitude of deaths and injuries as a result of the current
escalation in violence and hospitals lack proper supplies needed to treat the injured.
The extensive destruction of such civilian institutions violates Article 33 of the Fourth
Geneva Convention, which prohibits the wanton destruction of property and collective
punishment of a civilian population. There have also been reports of bombings of United
Nations (UN) schools, despite the fact that Israeli Defense Forces were allegedly given
coordinates of the facilities prior to the current escalation in violence.
Israel's use of defense articles provided by the U.S in the current Gaza military
attacks constitutes multiple violations of the AECA.
9. The Swiss-based International Red Cross, the recognized guardian of the Geneva
Conventions on the conduct of war, has said that Israel had violated the principle of
proportionality provided for in the Conventions and their protocols.
10. Israel's aerial and ground offensive against Gaza killed over 1,300 including about
400 children.
11. On May 30, 2010, the Israeli Navy and Air Force attacked the Gaza Freedom Flotilla
which was delivering 10,000 pounds of humanitarian aid to the residents of Gaza. Israel
forces murdered nine unarmed individuals on board the Mavi Marmara, including a 19
year old man with dual citizenship in US and Turkey, who was shot in the head four
times. Israel detained all of the foreign aid workers (over 700 from nearly 50 countries)
who were on the ships. The United Nations is now calling for an international
investigation to discover what really happened. Israel government officials are
attempting to block this investigation.
12. Because the Flotilla was in international water, Israel had no right to board the ship
under the UN Convention on the Laws of the Seas of 1982.
13. Israel’s reaction amounted to an unlawful interference in the enforcement jurisdiction
of the "flag-States" (countries of registration) of those vessels.
14. Under Article 3 of the Rome Convention for the Suppression of Unlawful Acts
against the Safety of Maritime Navigation of 1988, it is an international crime for any
person to seize or exercise control over a ship by force, and a crime to injure or kill any
person in the process.
15. Israel’s acts of aggression against the Gaza Freedom Flotilla and its illegal blockade
of the Palestinian Gaza Strip would not be possible without military and diplomatic
support of the United States.
16. Israeli is the largest recipient of U.S. military aid.
17. Representative Jane Doe 250 had the House of Representatives approve a
non-binding measure denouncing a United Nations inquiry that found that Israel
committed scores of war crimes in its three-week assault last year in Gaza. More than
1,300 Palestinians were killed in the Israeli attack, many of whom were civilians,
according to Amnesty International. Headed by South African jurist Richard Goldstone,
the inquiry also accused Hamas of war crimes and said both sides should investigate
the allegations or face international prosecution.
18. In voting for the measure, the House dismissed the Goldstone report as
"irredeemably biased and unworthy of further consideration or legitimacy." It also called
on the Obama administration to "strongly and unequivocally oppose" discussion of the
report's findings in any international setting. The resolution passed 344-46.
19. The members of the House who voted in favor of the resolution have received
$51,260 more on average from pro-Israel organizations ($81,020 versus $29,770) since
1989 than those who opposed it, the nonpartisan Center for Responsive Politics has
found. Those who opposed the measure have collected $15,760 more, on average,
from pro-Arab groups in that time than those who supported the bill ($16,360 versus
$600).
Source: Center for Responsive Politics, OpenSecrets.org.
In light of evidence that other laws have been broken, I also request that the
Washington Metropolitan Field Office of the FBI and the United States Attorney for the
Eastern District of Virginia investigate Representative Jane Doe 250 and others for
violations of the below additional crimes and as appropriate that these alleged violations
be included in her indictment.
Conclusions
20. Based on the foregoing, there is probable cause that From on or about, January
2007 , through on or about, September 17 2008, in Washington D.C.,
a. U.S. Representative Jane Doe 250 and others for:
i. Violated Title 22 U.S.C. 22, Sections 2771-2781. Arms Export Control
Act of 1976 (ACEA), which requires that governments that receive arms from the
United States use them only for legitimate self-defense.
ii. Violated Title 22 U.S.C. § 2151, The Foreign Assistance Act of 1961
(P.L. 87-195) which requires that "No assistance may be provided… to the government
of any country which engages in a consistent pattern of gross violations of
internationally recognized human rights."
iii. Violated Title 18 U.S.C. § 201(b)(2) which makes it a crime for anyone
who being a public official or person selected to be a public official, directly or indirectly,
corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of
value personally or for any other person or entity, in return for:
(A) being influenced in the performance of any official act;
(B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud,
or make opportunity for the commission of any fraud, on the United States; or
(C) being induced to do or omit to do any act in violation of the official duty of such
official or person;
b. Pro Israel supporters
D. Doe 500 and the other pro Israel supporters listed on
Enclosure 1 to Attachment A, violated Title 18 U.S.C. § 201(b)(1), which makes it a
crime for anyone who directly or indirectly, corruptly gives, offers or promises anything
of value to any public official or person who has been selected to be a public official, or
offers or promises any public official or any person who has been selected to be a
public official to give anything of value to any other person or entity, with intent— to:
(A) influence any official act; or
(B) influence such public official or person who has been selected to be a public official
to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for
the commission of any fraud, on the United States; or
(C) induce such public official or such person who has been selected to be a public
official to do or omit to do any act in violation of the lawful duty of such official or person;
c. U.S. Representative Jane Doe 250 and pro Israel supporters D. Doe 500 and
the other pro Israel supporters listed on Enclosure 2 to Attachment A violated Title 18,
U.S. Code, Sec. 371, Conspiracy to Defraud the United States which prohibits
conspiring to use any form of fraud in an effort to impair or obstruct the function of a
U.S. Government branch or agency.
d. Pro Israel supporter D. Doe 500 and other pro Israel supporters including
those listed in Enclosure 2, violated Title 18 U.S.C. § 201(b)(1), by directly or indirectly,
corruptly giving, offering or promising something of value including the campaign
contributions shown in Enclosure 1 to Representative Jane Doe 250, a public official ,
with intent— to influence official act(s); and induce Representative Jane Doe 250 to do
or omit to do any act in violation of the lawful duty of such official or person.
Representative Jane Doe 250.
Enclosures:
1. Additional Proposed Subjects of Investigation
2. Sample Spreadsheet of Pro Israel Donors and Amounts of their Contributions to
Legislators and Officials
Signature
_________________________
Citizen W. Doe 150
Address: __________________________________
_________________________________________
Phone No: _________________________
Sworn to and subscribed to before me on _____________, 2014
My commission expires ______
Notary Signature ________________________
Printed Name ___________________________
Address _______________________________
Phone No. _____________________________