1. EAG/NS/MCM
F.#2019R00029
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
X
UNITED STATES OF AMERICA
- against-
ROBERT SYLVESTER KELLY,
also known as"R.Kelly,"
Defendant.
^ IIn ,
•"JL 10
2013 5^
SUPERSEDING
INDICTMENT
Cr.No. 19-286 IS-U lAMDI
(T.18,U.S.C.,§§ 1962(c),1963,
1963(a), 1963(m),2421(a),2422(a),2
and 3551 et seq.I
THE GRAND JURY CHARGES:
X
INTRODUCTION
At all times relevantto this Superseding Indictment,unless otherwise
indicated:
The Enterprise
1. The defendantROBERT SYLVESTER KELLY,also known as
"R.Kelly,"and individuals who served as managers,bodyguards,drivers,personal assistants
and runners for KELLY,as well as members ofKELLY's entourage,comprised an
enterprise(the"Enterprise")within the meaning of18 U.S.C.§ 1961(4),that is,the
Enterprise constituted a group ofindividuals associated in factthat was engaged in,and the
activities ofwhich affected,interstate and foreign commerce. The Enterprise constituted an
ongoing organization whose membersfunctioned as a continuing unitfor a common purpose
ofachieving the objectives ofthe Enterprise.
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2. 2. The purposes ofthe Enterprise were to promote R.Kelly's music and
the R.Kelly brand and to recruit women and girls to engage in illegal sexual activity with
KELLY. By promoting R.Kelly's music and the R.Kelly brand,the members ofthe
Enterprise expected to receive financial opportunities and personal benefits,including
increased power and status within the Enterprise.
3. In connection withthe Enterprise,KELLY and other members ofthe
Enterprise traveled throughoutthe United States and abroad to perform at concert venues,to
promote the R.Kelly brand and to recruit women and girlsto engage in illegalsexual activity
with KELLY.
4. When KELLY attended and performed at concerts and other events,
KELLY and/or members ofthe Enterprise on KELLY's behalfinvited women and girls
backstage and to other events following KELLY's live performances. These women and
girls were often offered wristbands thatsignified thatthey were authorized to attend an
event. There,KELLY relied upon members ofthe Enterprise to ensure that only those
authorized to attend were allowed atthe event and to manage the flow ofwomen and girls
who were directly interacting with KELLY.
5. When KELLY identified a woman or girl who he wished to see again,
he either gave his contactinformation to the woman or girl or obtained her contact
information or relied upon members ofthe Enterprise to do so. Following these events,
KELLY communicated with certain ofthese women and girls by telephone,including
through the use oftraditional telephone calls,text messages,iMessages and FaceTime. As
part ofthis communication,KELLY often requested thatthe women and girls provide him
with photographs ofthemselves.
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3. 6. KELLY and other members ofthe Enterprise also arranged for the
women and girls to travelto see KELLY on occasion,including at concertsthroughoutthe
United States and related events. To facilitate their travel,KELLY directed the women and
girlsto contacta member ofthe Enterprise,whothen arranged travelforthe women and
girls. When the women and girls arrived atthe lodging,which wastypically selected by a
member ofthe Enterprise,a member ofthe Enterprise usually providedthem with
instructions. In addition,members ofthe Enterprise took stepsto ensure thatthe women and
girls did notinteract with other women and girls whom KELLY planned to see. Members
ofthe Enterprise then arranged forthe women and girlsto attend his concerts and positioned
them such thatKELLY could see them during his concerts.
7. KELLY promulgated numerousrulesthat many ofhis sexual partners
were required to follow,including the following:
(a) The women and girls were notpermitted toleave theirroom
withoutreceiving permission from KELLY,including to eat or go to the bathroom;
(b) The women and girls were required to wear baggy clothing
when they were notaccompanying KELLYto an event or unless otherwise instructed by
KELLY;
(c) The women and girls were notpermitted tolook at other men
and instead were told to keep their heads down;and
(d) The women and girls were required to call KELLY"Daddy."
8. The Enterprise operated within the Eastern DistrictofNew York and
elsewhere,including overseas.
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4. Methods and Means ofthe Enterprise
9. Among the means and methods by which KELLY and his associates
participated in the conductofthe affairs ofthe Enterprise were the following:
(a) Committing,attempting and aiding and abetting the commission
ofcrimes,conspiring to commitcrimes,including butnotlimited to engaging in sexual
activity with girls under 18 years old,engaging in and facilitating sexual activity without
disclosing asexually transmitted diseaseKELLY had contracted and producing child
pornography;
(b) Demanding absolute commitmentto KELLY and nottolerating
dissent;
(c) Obtaining sensitive information about members and associates
ofthe Enterprise to maintain control over them;
(d) Recruiting and grooming sexual partners forKELLY;and
(e) Isolating women and girls from friends and family and making
them dependent on KELLY fortheir financial wellbeing.
The Defendant
10. The defendantROBERT SYLVESTER KELLY was the leader ofthe
Enterprise.
COUNT ONE
(Racketeering)
11. The allegations contained in paragraphs one through 10 are realleged
and incorporated as iffully setforth in this paragraph.
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5. 12. In or about and between January 1999 and the present,both dates being
approximate and inclusive,within the Eastern District ofNew York and elsewhere,the
defendantROBERT SYLVESTER KELLY,also known as"R.Kelly,"together with others,
being a person employed by and associated with the Enterprise,an enterprise thatengaged in,
and the activities ofwhich affected,interstate and foreign commerce,did knowingly and
intentionally conduct and participate,directly and indirectly,in the conductofthe affairs of
the Enterprise through a pattern ofracketeering activity,as defined in Title 18,United States
Code,Sections 1961(1)and 1961(5),consisting ofthe racketeering acts setforth below.
Racketeering Act One
(Sexual Exploitation ofa Child-Jane Doe#1)
13. In or about and between May 1999 and October 15,1999,both dates
being approximate and inclusive,within the Northern DistrictofIllinois,the defendant
ROBERT SYLVESTERKELLY,together with others,did knowingly and intentionally
employ,use,persuade,induce,entice and coerce a minor,to wit:Jane Doe#1,an individual
whose identity is known to the Grand Jury,to engage in sexually explicit conductforthe
purpose ofproducing one or more visual depictions ofsuch conduct,which visual depictions
were produced using materialsthat had been mailed,shipped and transported in interstate
and foreign commerce,in violation ofTitle 18,United States Code,Sections2251(a)and
2251(e).
Racketeering Act Two
(Kidnapping-Jane Doe #2)
14. In or about and between 2003 and 2004,both dates being approximate
and inclusive,withinthe Northern District ofIllinois and elsewhere,the defendantROBERT
SYLVESTER KELLY,together with others,did knowingly and intentionally secretly
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6. confine an individual,to wit:Jane Doe #2,an individual whose identity is known to the
Grand Jury,against her will,and induce Jane Doe#2 by deceit and enticementto go from
one place to another with intent secretly to confine her against her will,in violation of
Illinois Criminal Code Sections 5/10-1 and 5/5-1.
Racketeering Act Three
(Mann Act Violation-Jane Doe#2)
15. The defendant ROBERT SYLVESTER KELLY committed the
following acts,either one ofwhich alone constitutes Racketeering ActThree:
A. Transportation
16. In or about and between 2003 and 2004,both dates being approximate
and inclusive,within the Northern District ofIllinois and elsewhere,the defendantROBERT
SYLVESTER KELLY,together with others,did knowingly and intentionally transport an
individual,to wit:Jane Doe#2,in interstate commerce,with intentthat such individual
engage in sexual activity for which a person can be charged with a criminal offense,to wit:
violations ofIllinois Criminal Code Sections 5/12-16(a)(6)(effective 2002)(aggravated
criminal sexual abuse),5/12-16(a)(7)(effective 2002)(aggravated criminal sexual abuse)
and 5/12-15(a)(2)(effective 2000)(criminal sexual abuse),in violation ofTitle 18,United
States Code,Sections 2421(a)and 2.
B. Coercion and Enticement
17. In or about and between 2003 and 2004,both dates being approximate
and inclusive,within the Northern District ofIllinois and elsewhere,the defendantROBERT
SYLVESTER KELLY,together with others,did knowingly and intentionally persuade,
induce,entice and coerce an individual,to wit: Jane Doe#2,to travel in interstate commerce.
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7. to engage in sexual activity for which a person can be charged with a criminal offense,to
wit: violations ofIllinois Criminal Code Sections 5/12-16(a)(6)(effective 2002)(aggravated
criminalsexual abuse),5/12-16(a)(7)(effective 2002)(aggravated criminal sexual abuse)
and 5/12-15(a)(2)(effective 2000)(criminal sexual abuse),in violation ofTitle 18,United
States Code,Sections 2422(a)and 2.
Racketeering ActFour
(Mann Act-Jane Doe#3)
18. In or aboutand between May2009 and January 2010,both dates being
approximate and inclusive,within the Northern DistrictofIllinois and elsewhere,the
defendantROBERT SYLVESTERKELLY,together with others,did knowingly and
intentionally persuade,induce,entice and coerce an individual who had notattained the age
of18 years,to wit:Jane Doe#3,an individual whose identity is known to the Grand Jury,to
engage in sexual activity for which a person can be charged with a criminal offense,to wit:
violations ofIllinois Criminal Code Section 5/12-16(d)(effective 2002)(aggravated criminal
sexual abuse),using one or more facilities and means ofinterstate commerce,in violation of
Title 18,United States Code,Sections 2422(b)and 2.
Racketeering Act Five
(Forced Labor-Jane Doe#3)
19. In or aboutand between May2009 and January 2010,both dates being
approximate and inclusive,within the Northern DistrictofIllinois and elsewhere,the
defendantROBERT SYLVESTER KELLY,together with others,did knowingly and
intentionally obtain the labor and services ofa person,to wit:Jane Doe#3,by means of
force,threats offorce,physical restraint and threats ofphysical restraintto that person or
another person;by means ofserious harm and threats ofserious harm to that person or
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8. 8
another person;and by means ofascheme,plan and pattern intended to cause such person to
believe that,ifthat person did not perform such labor and services,such person would suffer
serious harm and physical restraint,and a combination ofsuch means,in violation ofTitle
18,United States Code,Sections 1589(a)and 2.
Racketeering Act Six
(Sexual Exploitation ofa Child-Jane Doe#3)
20. In or about and between May2009 and January 2010,both dates being
approximate and inclusive,within the Northern District ofIllinois and elsewhere,the
defendantROBERT SYLVESTER KELLY,together with others,did knowingly and
intentionally employ,use,persuade,induce,entice and coerce a minor,to wit:Jane Doe#3,
to engage in sexually explicit conductforthe purpose ofproducing one or more visual
depictions ofsuch conduct,which visual depictions were produced using materialsthat had
been mailed,shipped and transported in and affecting interstate and foreign commerce,in
violation ofTitle 18,United States Code,Sections 2251(a),2251(e)and 2.
Racketeering Act Seven
(Mann Act-Jane Doe#4)
21. The defendant ROBERT SYLVESTER KELLY committed the
following acts,any one ofwhich alone constitutes Racketeering ActSeven:
A. Transportation
22. In or about July 2015,within the DistrictofConnecticut,the defendant
ROBERT SYLVESTER KELLY,together with others,did knowingly and intentionally
transport an individual,to wit:Jane Doe#4,an individual whose identity is known to the
Grand Jury,in interstate commerce,with intentthatsuch individual engage in sexual activity
for which a person can be charged with a criminal offense,to wit: violations ofConnecticut
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9. General Statutes Sections 53a-71(a)(4)(sexual assaultin the second degree)and 53a-
71(a)(10)(sexual assaultin the second degree),in violation ofTitle 18,United States Code,
Sections 2421(a)and 2.
B. Coercion and Enticement
23. In or aboutJuly 2015,within the District ofConnecticut,the defendant
ROBERT SYLVESTER KELLY,together with others,did knowingly and intentionally
persuade,induce,entice and coerce an individual,to wit:Jane Doe#4,to travel in interstate
commerce,to engage in sexual activity for which a person can be charged with a criminal
offense,to wit:violations ofConnecticut General Statutes Sections 53a-71(a)(4)(sexual
assaultin the second degree)and 53a-71(a)(10)(sexual assaultin the second degree),in
violation ofTitle 18,United States Code,Sections 2422(a)and 2.
C. Coercion ofMinor
24. In or about July 2015,within the District ofConnecticut,the defendant
ROBERT SYLVESTERKELLY,together with others,did knowingly and intentionally
persuade,induce,entice and coerce an individual who had notattained the age of18 years,to
wit:Jane Doe#4,to engage in sexual activity for which a person can be charged with a
criminal offense,to wit: violations ofConnecticut General Statutes Sections 53a-71(a)(4)
(sexual assaultin the second degree)and 53a-71(a)(10)(sexual assault in the second degree),
using one or more facilities and means ofinterstate commerce,in violation ofTitle 18,
United States Code,Sections 2422(b)and 2.
D. Transportation ofMinors
25. In or about July 2015,within the District ofConnecticut,the defendant
ROBERT SYLVESTER KELLY,together with others,did knowingly and intentionally
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10. 10
transport an individual who had not attained the age of18 years,to wit:Jane Doe#4,in
interstate commerce with intentthatthe individual engage in sexual activity for which a
person can be charged with acriminal offense,to wit:violations ofConnecticut General
Statutes Sections 53a-71(a)(4)(sexual assault in the second degree)and 53a-71(a)(10)
(sexual assaultin the second degree),in violation ofTitle 18,United States Code,Sections
2423(a)and 2.
Racketeering Act Eight
(Mann Act-Jane Doe#4)
26. The defendant ROBERT SYLVESTER KELLY committed the
following acts,any one ofwhich alone constitutes Racketeering ActEight:
A. Transportation
27. In or about October 2015,within the Northern District ofCalifornia,
the defendant ROBERT SYLVESTER KELLY,together with others,did knowingly and
intentionally transportan individual,to wit:Jane Doe#4,in interstate commerce,with intent
thatsuch individual engage in sexual activity for which a person can be charged with a
criminal offense,to wit: violations ofCaliforniaPenalLaw Section 261.5(a)(rape,
abduction,carnal abuse ofa child and seduction),in violation ofTitle 18,United States
Code,Sections 2421(a)and 2.
B. Coercion and Enticement
28. In or about October2015,within the Northern District ofCalifornia,
the defendantROBERT SYLVESTER KELLY,together with others,did knowingly and
intentionally persuade,induce,entice and coerce an individual,to wit:Jane Doe#4,to travel
in interstate commerce,to engage in sexual activity for which a person can be charged with a
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11. 11
criminal offense,to wit: violations ofCalifornia Penal Law Section 261.5(a)(rape,
abduction,carnal abuse ofa child and seduction),in violation ofTitle 18,United States
Code,Sections 2422(a)and 2.
C. Coercion ofMinor
29. In or about October 2015,within the Northern District ofCalifornia,
the defendant ROBERT SYLVESTERKELLY,together with others,did knowingly and
intentionally persuade,induce,entice and coerce an individual who had not attained the age
of18 years,to wit:Jane Doe#4,to engage in sexual activity for which a person can be
charged with a criminal offense,to wit: violations ofCaliforniaPenalLaw Section 261.5(a)
(rape,abduction,carnal abuse ofa child and seduction),using one or morefacilities and
means ofinterstate commerce,in violation ofTitle 18,United States Code,Sections 2422(b)
and 2.
D. Transportation ofMinors
30. In or about October 2015,within the Northern District ofCalifornia,
the defendantROBERT SYLVESTER KELLY,together with others,did knowingly and
intentionally transportan individual who had notattained the age of18 years,to wit:Jane
Doe#4,in interstate commerce,with intentthatsuch individual engage in sexual activity for
which a person can be charged with a criminal offense,to wit:violations ofCaliforniaPenal
Law Section 261.5(a)(rape,abduction,carnal abuse ofa child and seduction),in violation of
Title 18,United States Code,Sections 2423(a)and 2.
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12. 12
Racketeering Act Nine
(Mann Act-Jane Doe#5)
31. The defendant ROBERT SYLVESTER KELLY committed the
following acts,either one ofwhich alone constitutes Racketeering ActNine:
A. Transportation
32. On or about May 18,2017,within the Eastern District ofNew York
and elsewhere,the defendantROBERT SYLVESTER KELLY,together with others,did
knowingly and intentionallytransport an individual,to wit:JaneDoe#5,an individual whose
identity is known to the Grand Jury,in interstate commerce,with intentthatsuch individual
engage in sexual activity for which a person can be charged with a criminal offense,to wit:
violations ofNew York PenalLaw Section 120.20(reckless endangerment)and New York
Public Health Law Section 2307(exposure ofinfectious venereal disease),in violation of
Title 18,United States Code,Sections 2421(a)and 2.
B. Coercion and Enticement
33. On or about May 18,2017,within the Eastern District ofNew York
and elsewhere,the defendantROBERT SYLVESTER KELLY,together with others,did
knowingly and intentionally persuade,induce,entice and coerce an individual,to wit:Jane
Doe#5,to travel in interstate commerce,to engage in sexual activity for which a person can
be charged with a criminal offense,to wit: violations ofNew York PenalLaw Section 120.20
(reckless endangerment)and New York Public Health Law Section 2307(exposure of
infectious venereal disease),in violation ofTitle 18,United States Code,Sections 2422(a)
and 2.
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13. 13
Racketeering Act Ten
(Forced Labor-Jane Doe#5)
34. On or aboutJanuary 13,2018,within the Central District ofCalifornia
and elsewhere,the defendantROBERT SYLVESTERKELLY,together with others,did
knowingly and intentionally obtain the labor and services ofa person,to wit:Jane Doe#5,by
means offorce,threats offorce,physical restraint and threats ofphysical restraintto that
person or another person;by means ofserious harm and threats ofserious harm to that
person or another person;and by meansofascheme,plan and pattern intendedto cause such
person to believe that,ifthatperson did notperform such labor and services,such person
would suffer serious harm and physical restraint,and a combination ofsuch means,in
violation ofTitle 18,United States Code,Sections 1589(a)and 2.
Racketeering Act Eleven
(Mann Act-Jane Doe#5)
35. The defendantROBERT SYLVESTER KELLY committed the
following acts,either one ofwhich alone constitutes Racketeering ActEleven:
A. Transportation
36. On or aboutFebruary 2,2018,within the Eastern District ofNew York
and elsewhere,the defendantROBERT SYLVESTERKELLY,together with others,did
knowingly and intentionally transport an individual,to wit:Jane Doe#5,in interstate
commerce,with intentthatsuch individual engage in sexual activity for which a person can
be charged with a criminal offense,to wit: violations ofNew York PenalLaw Section 120.20
(reckless endangerment)and New YorkPublic Health Law Section 2307(exposure of
infectious venereal disease),in violation ofTitle 18,United States Code,Sections 2421(a)
and 2.
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14. 14
B. Coercion and Enticement
37. On or aboutFebruary 2,2018,within the Eastern District ofNew York
and elsewhere,the defendantROBERT SYLVESTER KELLY,together with others,did
knowingly and intentionally persuade,induce,entice and coerce an individual,to wit:Jane
Doe#5,to travel in interstate commerce,to engage in sexual activity for which a person can
be charged with a criminal offense,to wit: violations ofNew YorkPenalLaw Section 120.20
(reckless endangerment)and New York Public Health Law Section 2307(exposure of
infectious venereal disease),in violation ofTitle 18,United States Code,Sections2422(a)
and 2.
(Title 18,United States Code,Sections 1962(c),1963 and 3551 etseq.^
COUNT TWO
(Mann ActTransportation-Jane Doe#5)
38. On or about May 18,2017,within the Eastern District ofNew York
and elsewhere,the defendantROBERT SYLVESTER KELLY,also known as"R.Kelly,"
together with others,did knowingly and intentionally transportan individual,to wit:Jane
Doe#5,an individual whose identity is known to the Grand Jury,in interstate commerce,
with intentthatsuch individual engage in sexual activity for which a person can be charged
with a criminal offense,to wit:violations ofNew YorkPenal Law Section 120.20(reckless
endangerment)and New York Public Health Law Section 2307(exposure ofinfectious
venereal disease).
(Title 18,United States Code,Sections 2421(a),2and 3551^seq.)
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15. 15
COUNT THREE
(Mann Act Coercion and Enticement-Jane Doe#5)
39. On or about May 18,2017,within the Eastern District ofNew York
and elsewhere,the defendantROBERT SYLVESTER KELLY,also known as"R.Kelly,"
together with others,did knowingly and intentionally persuade,induce,entice and coerce an
individual,to wit:Jane Doe#5,to travel in interstate commerce,to engage in sexual activity
for which a person can be charged with a criminal offense,to wit: violations ofNew York
PenalLaw Section 120.20(reckless endangerment)and New York Public Health Law
Section 2307(exposure ofinfectious venereal disease).
(Title 18,United States Code,Sections 2422(a),2and 3551 etseq.)
COUNT FOUR
(Mann ActTransportation-Jane Doe#5)
40. On or aboutFebruary 2,2018,within the Eastern District ofNew York
and elsewhere,the defendantROBERT SYLVESTER KELLY,also known as"R.Kelly,"
together with others,did knowingly and intentionally transportan individual,to wit:Jane
Doe#5,in interstate commerce,with intentthatsuch individual engage in sexual activity for
which a person can be charged with acriminal offense,to wit: violations ofNew YorkPenal
Law Section 120.20(reckless endangerment)and New YorkPublic Health Law Section
2307(exposure ofinfectious venereal disease).
(Title 18,United States Code,Sections 2421(a),2and 3551 etseq.)
COUNT FIVE
(Mann Act Coercion and Enticement-Jane Doe#5)
41. On or aboutFebruary 2,2018,within the Eastern District ofNew York
and elsewhere,the defendantROBERT SYLVESTER KELLY,also known as"R.Kelly,"
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16. 16
together with others,did knowingly and intentionally persuade,induce,entice and coerce an
individual,to wit:Jane Doe#5,to travel in interstate commerce,to engage in sexual activity
for which a person can be charged with acriminal offense,to wit: violations ofNew York
PenalLaw Section 120.20(reckless endangerment)and New York Public Health Law
Section 2307(exposure ofinfectious venereal disease).
(Title 18,United States Code,Sections 2422(a),2and 3551 et seq.)
CRIMINAL FORFEITURE ALLEGATION AS TO COUNT ONE
42. The United States hereby gives notice to the defendantthat,upon his
conviction ofthe offense charged in Count One,the government will seek forfeiture in
accordance with Title 18,United States Code,Section 1963(a),which requires any person
convicted ofsuch offense to forfeit:(a)any interestthe person acquired or maintained in
violation ofTitle 18,United States Code,Section 1962;(b)any interestin,security of,claim
against orproperty or contractual right ofany kind affording a source ofinfluence over any
enterprise whichthe person has established,operated,controlled,conducted or participated
in the conduct of,in violation ofTitle 18,United States Code,Section 1962;and(c)any
property constituting,or derived from,any proceeds which the person obtained,directly or
indirectly,from racketeering activity in violation ofTitle 18,United States Code,Section
1962.
43. Ifany ofthe above-described forfeitable property,as aresult ofany act
or omission ofthe defendant:
(a) cannot be located upon the exercise ofdue diligence;
(b) has been transferred or sold to,or deposited with,athird party;
(c) has been placed beyond thejurisdiction ofthe court;
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17. 17
(d) has been substantially diminished in value;or
(e) has been commingled with other property which cannot be
divided without difficulty;
itis the intentofthe United States,pursuantto Title 18,United States Code,Section
1963(m),to seek forfeiture ofany other property ofthe defendantup tothe value ofthe
forfeitable property described in this forfeiture allegation.
(Title 18,United States Code,Sections 1963(a)and 1963(m))
n A TRUE BILL
(HAasl I
FOREPERSON
RICHARD P.DONOGHUE
UNITED STATES ATTORNEY
EASTERN DISTRICT OF NEW YORK
ACTING U<JO€D STTATESATTORNBC
PURSUANTTOAsC.F.R.0.13Q
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18. F.#: 2019R00029
FORM DBD-34
JUN.85
No.
UNITED STATES DISTRICT COURT
EASTERN Districtof NEW YORK
CRIME^^AL DIVISION
THE UNITED STATES OF AMERICA
VS.
ROBERT SYLVESTER KELLY,
Defendant.
SUPERSEDING INDICTMENT
(T. 18,U.S.C.,§§ 1962(c),1963,1963(a),1963(m),2421(a),2422(a),2
and 3551 et seq.")
A true bill.
Z[
Foreperson
Filedin open court this day,
of A.D.20
Clerk
Bail,$
Elizabeth Geddes,Assistant U.S.Attorney(718)254-6430
Case 1:19-cr-00286-AMD Document 3 Filed 07/10/19 Page 18 of 18 PageID #: 44
19. 2^
INFORMATIONSHEET ®''°0/Cty/y
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
1. Title ofCase: United States v.RobertSylvester Kellv.I9-CR-286(AMDI
(
^
'
V
2. Related Magistrate DocketNumber(s):N/A
3. Arrest Date: N/A
4. Nature ofoffense(s): lEl Felony
□ Misdemeanor
5. Related Cases - Title and Docket No(s). (Pursuant to Rule 50.3.2 ofthe Local
E.D.N.Y. Division of Business Rules):
6. Projected Length of Trial: Less than 6 weeks S
More than 6 weeks □
7. County in which crime was allegedly committed: Queens
(Pursuant to Rule 50.1(d) ofthe Local E.D.N.Y. Division ofBusiness Rules)
8. Was any aspect ofthe investigation, inquiry and prosecution giving rise to the case
pending or initiated before March 10, 2012.' DYes iEI No
9. Has this indictment/information been ordered sealed? S Yes □ No
10. Have arrest warrants been ordered? 13 Yes DNo
11. Is there a capital count included in the indictment? DYes 13 No
RICHARD P. DONOGHUE
United States Attorney
By; yU
Nadia I. Shihata
Assistant U.S. Attorney
(718) 254-6295
Judge Brodie will not accept cases that were initiated before March 10, 2012.
Rev. 10/04/12
Case 1:19-cr-00286-AMD Document 3-1 Filed 07/10/19 Page 1 of 1 PageID #: 45
20. TO:Clerk's Office
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
APPLICATION FOR LEAVE
TO FILE DOCUMENT UNDERSEAL
UNITED STATES
FILED
IN CLERK'S OFFICE
U.S.DISTRICT COURT E.D.N.Y.
★ JUL 1 0 2019 ★
BROOKLYN ^priorCourtOrder:
DocketNumberofCase in Which Entered:
Judge/Magistrate Judge:^
Date Entered:
-V.-
ROBERT SYLVESTER KELLY
19-CR-286(AMD)
Docket Number
SUBMITTEDBY:Plaintiff Defendant DOJ
Name: AUSA Nadia Shihata ;
Firm Name:!ISAO-EDNY
Address: 271 Cadman Plaza East
BQIfa new application,thestatute,regulation,orotherlegalbasisthat
auMiorizes filing underseal
see attached
Brooklyn.NY 11201
Phone Number: 718-254-6295
E-Mail Address:nadia.shihata@usdoi.gov
INDICATE UPON THEPUBLICDOCKET SHEET:YES NO ✓
Ifyes,state description ofdocumentto beentered on docketsheet:
ORDERED SEALED AND PLACED IN THE CLERK'S OFFICE,
AND MAY NOT BE UNSEALED UNLESS ORDERED BY
THE COURT.
Q^^jEQi^Brooklyn
July 10,2019
,NEW YORK
U.S.DISTRICT JUDGEAJ.S.MAGISTRATE JUDGE
RECEIVED IN CLERK'S OFFICE Julv 10.2019
DATE
MANDATORY CERTIFICATION OFSERVICE: o • • ^u ttc n
A) Acopyofthisapplication eitherhasbeenorwillbepromptlyserved uponallpartiestothisaction,B.) Serviceisexcused by31 U.S.C.3730(b),orby
thei^owingotherstatuteorregulation: ;orC.) ✓ Thisisacriminaldocumentsubmitted,andflightpublicsafety,orsecurityaresignificantconcerns.
(Check one)
Julv 10.2019
DATE IGNATURE
Case 1:19-cr-00286-AMD Document 3-2 Filed 07/10/19 Page 1 of 1 PageID #: 46
21. INDICTMENT SEALING FORM
Case name: United States v.Robert S.Kelly
Reason for Sealing:
The defendantis currently at liberty,and the governmentplansto effectuate
the arrestinthe coming days. (An arrest warrant wasissued on June 20,2019
based onthe original indictment,which remains underseal. The Superseding
Indictmentis substantivelythe same,butadds aforfeiture allegation.) The
governmentseeksto sealthe Superseding Indictmentto ensure thatthe
defendant does notlearn that he is under indictment and to prevent him from
fleeingjusticeto avoid arrestand prosecution. Specifically,the defendantis
facing asubstantialterm ofimprisonment,andthe governmentis concerned
thathe mightflee fromjustice ifhe learnsthathe has been indicted in this
District. Notably,the Superseding Indictment has been returned well within
the applicable statute oflimitations and sealing is notrequested simply to toll
the statute.
By: Date: July 10,2019
Nadia I. Sfiihata
Assistant United States Attorney
United States Attorney's Office
Eastern District ofNew York
271 Cadman Plaza East
Brooklyn,New York 11201
Case 1:19-cr-00286-AMD Document 3-3 Filed 07/10/19 Page 1 of 1 PageID #: 47