Case 1:11-cr-00102-GK Document 3 Filed 04/12/11 Page 1 of 16

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Holding a Criminal Term

Grand Jnry Sworn in on November 12, 2010

UNITED STATES OF AMERICA ) FILED UNDER SEAL

)
) Criminal Case No.
Plaintiff, )
) Criminal Violations:
v. )
)
CHARLES F. DAllM, ) Connt I: Conspiracy to Influence or Injure Officer or
) Juror Generally, 18 U.S.C. §§ 371 and 1503
DAAIY AH PASHA, )
aJk/a - "Ms. Dee," ) Counts II to IV: Influencing or Injuring Offcer or
) Juror Generally, 18 U.S.C. § 1503
IMANPASHA, )
aJk/a - "KK," ) Count V: Tampering with a Witness, Victim, or an
) Informant, 18 U.S.C. §§ 1512(b)(2)(C) and (D)
)
Defendants. ) Counts VI & VII: Subornation of Perjury, 18 U.S.C.
) § 1622
)
) Aiding and Abetting, 18 U.S.C. § 2

INDICTMENT

The Grand Jury Charges:

At all relevant times to this indictment:

1. Beginning on or about March 18, 2008, and continuing through the date of this

indictment, in the United States District Court for the District of Columbia, United States of
 Case 1:11-cr-00102-GK Document 3 Filed 04/12/11 Page 2 of 16

America v. De1ante White, Criminal No. 08-065, has been a pending criminal case before

United States District Cour Judge Paul L. Friedman.

2. On or about Apri130, 2008, the defendant CHARLES F. DAUM, an attorney duly

licensed to practice law in the District of Columbia, entered an appearance on behalf of De1ante

White and became the attorney of record in the case entitled United States of America v.

Dclantc Whitc, Criminal No. 08-065, in thc United States District Court for the District of

Columbia.

3. Defendants DAAIY AH PASHA, aJk/a "Ms. Dee," and IlViAN PASHA, aJa "KK,"

were criminal investigators working with the defendant CHAES F. DAUM on the criminal

matter pending against Delante Whte.

4. The criminal charges pending against De1ante White in the case entitled United

States of America v. De1ante White, Crimnal No. 08-065, stemmed from a search warrant

executed by the District of Columbia Metropolitan Police Deparent (hereinafer "MPD") at

637 Hamlin Street, N.E., Apartment #2, Washington, D.C., on Februar 23, 2008. During the

execution of the search warrant, the MPD took pictures of the apartent, clothing inside the

apartment and the seized evidence. Seized as evidence by MPD included the following: over 50

grams of cocaine, $2,000 in cash, ammunition, a pair of Gucci boots (size 45), a digital scale,

plates with cocaine residue, a razor, an Adidas brand shoe box, pictures of Del ante White,

including some depicting him wearing á pair of Gucci boots, and various documcnts that

included De1ante White's name and the address of the aparent. In addition, MPD offcers

spoke with Evelyn Clowney, the legal resident of the apartment and De1ante White's

grandmother, who identified clothng in the bedroom where the ilegal drgs were found as

belonging to De1ante White.

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COUNT ONE

5. From on or about April 30, 2008, through on or about January 15, 2009, the exact

dates being unkown to the Grand Jury, in the District of Columbia, Marland and elsewhere,

the defendants CHARLES F. DAUM, DAAIYAH PASHA, aJa "Ms. Dee," and IMAN

PASHA, aJa "KK," knowingly and intentionally conspired and agreed together and with each

other, and with other persons both known and unlmown to the Grand Jur, to corruptly

influence, obstruct and impede and endeavor to corruptly infuence, obstruct and impede the due

administration of justice in the case entitled United States of America v. De1ante White,

Criminal No. 08-065, in the United States District Court for the District of Columbia, in

violation of Title 18, United States Code, Section 1503, and Title 18, United States Code,

Section 2.

MANNER AND MEANS OF THE CONSPIRACY

6. It was a par of the conspiracy that the defendants would fabricate, manufactue,

obtain and produce false physical evidence designed to infuence, mislead, confuse, impede, and

ohstruct the trihunal,judge and jury as to the truthfulness of the allegations in the pending case

entitled United States of America v. De1ante Whte, Criminal No. 08-065, to make it appear as

though CC-3, rather than the defendant De1ante White, possessed the drugs seized by MPD

during the execution ofa search warant at 637 Hamlin Street, N.E., Apartment #2, Washington,

D.C., on February 23, 2008.

7. It was fuer a par of the conspiracy that the defendants endeavored to prevent

witnesses from testifying truthully to evidence and information that were unfavorable to

De1ante White, the defendant on trial therein, and to secrete and otherwise make witnesses

unavailable to respond to lawfully obtained process to secure Úle appearance of witnesses to

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testify truthfully at the trial of the defendant De1ante White, in order to prevent the tribunal,

judge and jury from hearing their testimony.

8. It was fuher a par ofthe conspiracy that the defendants, in order to obstruct and

impede the administration of justice, would solicit and present perjured testimony from various

witnesses in the trial of the defendant De1ante White.

OVERT ACTS

9. In furtherance of the conspiracy and in order to affect the purposes and objects of

the conspiracy, the defendants committed or caused to be committed, at least one of the

following overt acts, among others, in the District of Columbia and elsewhere:

a. From on or about April 30, 2008, through on or about September 12, 2008, the

exact date being unkown to the Grand Jur, in the District of Columbia, the

defendant CHARLES F. DAUM, advised and directed CC-L and CC-3 to acquire

a digital scale, plate, razor, and an Adidas brand shoe box either identical to, or

substantially similar to, a digital scale, plate, razor, and Adidas brand shoe box

recovered by MPD on or about February 23,2008, the date of the execution of a

search warrant at 637 Hamin Street, N.E., Apartment #2, Washington, D.C.

b. On or about September 12, 2008, in the District of Columbia, the defendants

CHARLES F. DAUM, IMAN PASHA, and DAAIYAH PASHA, along with

CC-i, CC-2, and CC-3, arranged for and staged a series of photographs designed

to depict CC- 3 in the act of "cutting" "rock cocaine" at the home of the mother of

Delante White, located at 2908 7th Street, N.E., Washington, D.C. The photos

were designed to appear as though they were talcen on or around Valentine's Day

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and, thus, a few days prior to the execution of the search warant at 637 Hamlin

Street, N.E., Apartment #2, Washington, D.C.

c. From on or about April 30, 2008, through on or about September 24, 2008, the

defendant CHARLES F. DAUM devised a plan and directed CC-L and others to

obtain a pair of Gucci boots identical to, but a size smaller, than the pair of Gucci

boots recovered by MPD on or about Februar 23, 2008, the date of the

execution ofa search warrant at 637 Hamlin Street, N.£., Apartment #2,

Washington, D.C.

d. On or about September 3, 2008, after the defendant CHARLES F. DAUM

indicated that he needed a pair of boots to present as false evidence in the trial of

United States of America v. Delante White, Criminal No. 08-065, CC-1 along

with CC-2 ordered through an internet-based business entity known as

"Richkickz," a pair of Gucci boots identical to a pair of Gucci boots recovered by

MPD on or about February 23, 2008, the date of the execution of a search

warrant at 637 Hamlin Street, N.E., Aparent #2, Washington, D.C.

e. On or about September 15, 2008, CC-1 and CC-2 traveled by bus to New York

City to purchase a second pair of Gucci boots in a size smaller than that seized by

MPD on or about February 23, 2008, the date of the execution of a search

warrant at 637 Hamlin Street, N.E., Apartment #2, Washington, D.C., after

having been advised by the defendant CHARES F. DAUM that he needed a

smaller pair of boots as evidence in the upcoming trial of Delante White.

f. On or about September 17, 2008, at a nightclub lmown as "Crossroads" located

within the State of Maryland, at thc dircction of the defendant CHARES F.

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DAUM, CC-3 had a photograph taken of him while wearing a pair of Gucci

boots identical to the Gucci boots recovered by MPD on or about February 23,

2008, the date of the execution ofa search warant at 637 Hamlin Street, N.E.,

Apartent #2, Washington, D.C.

g. From on or about April 2008, through on or about September 2008, the defendant

CHARLES F. DAUM devised a plan and with CC-L created a false and fictitious

lease agreement, purporting to show that De1ante White and CC-L were residing

at 3403 Nicholson Street in Hyattsville, Maryland, on and around February 23,

2008, rather than at 637 Hamlin Street, N.E., Apartment #2, Washington, D.C.

h. Sometime between on or about April 30,2008, and in or about September 2008,

in the case entitled United States of America v. Delante White, Criminal No. 08-

065, in the United States District Cour for the District of Columbia, the

defendant CHARLES F. DAUM, devised a plan and with Delante White, CC-1,

CC-2, and CC-4, and other unndicted co-conspirators, attempted to suppress and

influence the testimony of Evelyn Clowney, a witness for the prosecution.

1. On or about September 13, 2008, at the direction of the defendant CHARLES F.

DAUM, Delante Vihite told Evelyn Clowney tht his lawyer thought it would be

"good" for her to leave town, in order for her to evade the governent's service

of a subpoena that would require her to appear as a witness for the government at

the trial of Delante White.

J. On or about September 20, 2008, at the direction of the defendant CHARLES F.

DAUM, CC-L informed Evelyn Clowney, in an effort to cause Evelyn Clowney

to fail to appear as a governcnt witncss for the trial of Delante White after

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having been served with a subpoena by the governent to appear as such, that

Evelyn Clowney had two options, to either 1) leave town or 2) obtain a doctor's

note.

k. On or about September 20, 2008, CC-1, at the direction of the defendant

CHARLES F. DAUM, instructed Evelyn Clowney to testify that CC-3 lived at

Evelyn Clowney's home on or about February 23,2008, the date of the execution

of a search warrant at 637 Hamlin Street, N.E., Aparent #2, Washington, D.C.,

and for Evelyn Clowney to identify CC- 3 in Defendant's Exhbits 1 1, 14 and 16,

a series of staged photographs depicting CC-3 engaging in what appeared to be

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n. On or about September 24, 2008, in the case entitled United States of America v.

Delante White, Criminal No. 08-065, in the United States District Court for the

District of Columbia, the defendant CHARES F. DA UM submitted into

evidence as Defendant's Exhibit 17 a pair of Gucci boots purchased by CC-L and

CC-2 on September 15, 2008, in a size smaller than that seized by MPD on or

about l'ebruary 23, 2008, the date of the execution of a search warrant at 637

Hamlin Street, N.E., Aparment #2, Washington, D.C.

o. On or about September 24, 2008, in the case entitled United States of America v.

De1ante Whte, Criminal No. 08-065, in the United States District Court for the

District of Columbia, the defendant CHARLES F. DAUM submitted into

evidence as Defendant's Exhibit 18, a false, fabricated, and fraudulent lease

agreement.

p. On or about September 24, 2008, in the case entitled United States of America v.

Delante Whte, Criminal No. 08-065, in the United States District Court for the

District of Columbia, the defendant CHARLES F. DAUM presented the known

false and perjured testimony of CC-4.

q. On or about September 24, 2008, in the case entitled United States of America v.

De1ante White, Criminal No. 08-065, in the United States District Cour for the

District of Columbia, the defendant CHARLES F. DAUM presented the lmown

false and perjured testimony of CC-L.

(Conspiracy to Influence or Injure Offcer or Juror Generally, in violation of Title 18, United

States Code, Sections 371 and 1503).

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COUNT TWO

10. The allegations in paragraphs One through Nine are realleged and incorporated

herein.

11. On or about September 24, 2008, in the District of Columbia, the defendant

CHARLES F. DAUM did lmowingly and corrptly influence, obstruct and impede and

endeavor to corrptly infuence, obstruct and impede the due administration of justice in the

case entitled United States of America v. Delante White, Criminal No. 08-065, in the United

States District Court for the District of Columbia by submitting into evidence as Defendant's

Exhibits 11, 14 and 16, a series of photographs depicting CC-3 engaging in what appeared to be

the "cutting" of "rock cocaine," on or around Valentine's Day and, thus, a few days prior to the

execution of the search warrant on or about February 23, 2008, knowing full well that the said

evidence was fabricated and was being submitted for the purose of corrptly infuencing,

obstructing and impeding the trier of fact into believing the cocaine seized by the MPD on or

about Februar 23, 2008, the date of the execution of a search warant at 637 Hamlin Street,

N.E., Apartment #2, Washington, D.C, belonged to CC-3, not De1ante White; all in violation of

Title l8, United States Code, Section 1503, and Title 18, United States Code, Section 2.

(Influencing or Injuring Offcer or Juror Generally, in violation of Title 18, United States Code,
Scction 1503).

COUNT THREE

12. The allegations in paragraphs One through Nine are realleged and incorporated

herein.

13. On or about September 24, 2008, in the District of Columbia, the defendant

CHARLES F. DAUM did knowingly and intentionally corruptly influence, obstruct and impede

and endeavor to corruptly influence, obstrct and impede the due administration of justice in the
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case entitled United States of America v. Delante White, Criminal No. 08-065, in the United

States District Coun for the District of Columbia by submitting into evidence as Defendant's

Exhibit 18, a document that purorted to be a lawflly executed lease for the defendant then and

there on trial, to wit: De1ante White, indicating that CC-L and Delante White were tenants at

3403 Nicholson Street in Hyattsville, Marland, beginning on or about October 1,2007, and

continuing at least up to on or about Februar 23, 2008, lmowing ful well that the lease was

fabricated, to show that Delante White was not living at 637 Hamlin Street, N .E., Aparent #2,

Washington, D.C., on or about February 23, 2008, the date of the execution ofa search warant

at that address; all in violation of Title 18, United States Code, Section 1503, and Title 18,

United States Code, Section 2.

(Influencing or Injuring Officer or Juror Generally, in violation of Title 18, United States Code,

Section 1503).

COUNT FOUR

14. The allegations in paragraphs One through Nine are realleged and incorporated

herein.

15. On or about September 24, 2008, in the District of Columbia, the defendant

CHARLES F. DAUM did knowingly and intentionally corruptly influence, obstruct and impede

and endeavor to corrptly influence, obstruct and impede the due administration of justice in the

case entitled United States of America v. De1ante White, Criminal No. 08-065, in the United

States District Cour for the District of Columbia, by submitting into evidence as Defendant's

Exhibit 17, a pair of Gucci boots that were identical to but a size smaller than the pair of Gucci

boots that were recovered by MPD on or about February 23, 2008, the date of the execution ofa

scarch warant at 637 Hamlin Strcct, N.E., Aparent #2, Washington, D.C., knowing ful well

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that the boots were being submitted for the purpose of corruptly influencing, obstructing and

impeding the trier of fact into believing that the Gucci boots seized by the MPD on or about

February 23, 2008, belonged to CC-3, not De1ante White; all in violation of Title 18, United

States Code, Section 1503, and Title 18, United States Code, Section 2.

(Influencing or Injuring Officer or Juror Generally, in violation of Title 18, United States Code,

Section 1503).

COUNT FIVE

16. The allegations in paragraphs One through Nine are realleged and incorporated

herein.

i 7. From 011 or about April 30, 2008, through on or about September 30, 2008, the

exact dates being unown to the Grand Jury, in the District of Columbia, the defendant

CHARLES F. DAUM did attempt to corrptly persuade another person, and engaged in

misleading conduct toward another person, that is Evelyn Clowney, v'lth the intent to:

(a) cause and induce Evelyn Clowney to evade legal process summoning her to

appear as a witness in an offcial proceeding, that is, the criminal case of United

States of America v. Delante White, Criminal No. 08-065, in the United States

District Cour for the District of Columbia, by directing De1ante White, CC- 1,

CC-3, CC-4, and other unindicted co-conspirators to instruct Evelyn Clowney,

prior to being served with a subpoena to appear for trial by the government and

in order to avoid such service, to refrain from answering her door or to leave

town, in violation of Title 18, United States Code, Section 15 12(b )(2)(C); and

(b) cause and induce Evelyn Clowney to be absent from an official proceeding to

which shc had bcen sumoned by legal process, that is, the criminal case of

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United States of America v. Delante White, Criminal No. 08-065, in the United

States District Court for the District of Columbia, by directing Delante White,

CC-L, CC-3, CC-4, and other unindicted co-conspirators to make arangements

for Evelyn Clowney to leave town after she had been served with a subpoena to

appear for trial by the governent, in order to be absent from the trial, in

violation of Title 18, United States Code, Section 1512(b )(2)(D).

(Tampering with a Witness, Victim, or an Informant, in violation of Title 18, United States

Code, Sections 15 12(b )(2)(C) and (D).

COUNT six
18. The allegations in paragraphs One through Nine are realleged and incorporated

herein.

19. From on or about April 30, 2008, through on or about September 24,2008, the

exact dates being unknown to the Grand Jur, in the District of Columbia, the defendant

CHARLES F. DAUM did willfully procure CC-4 to commit perjury by testifyng falsely under

oath to a material matter in the case entitled United States of America v. Delante White,

Criminal No. 08-065, in the United States District Cour for the District of Columbia.

20. It was material to the said case described in paragraph One to determine whether

a series of photographs submitted into evidence as Defendant's Exhibits 11, 14, and 16,

depicting CC-3 engaging in what appeared to be the "cutting" of "rock cocaine," were taken at a

date close to, but before, the execution ofthe search warrant by MPD on Februar 23,2008, at

637 Hamlin Street, N,E., Aparment #2, Washington, D.C.

21. On or about September 24, 2008, CC-4 gave false and perjurious testimony under

oath in the case entitled United States of America v. Delante White, Criminal No. 08-065, in the

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United States District Cour for the District of Columbia, as follows: that CCA was present in

Washington, D.C. between on or about February 20,2008, through on or about Februar 23,

2008; that he took a series of photographs submitted into evidence as Defendant's Exhibits 11,

14, and 16, which depicted CC-3 engaging in what appeared to be the "cutting" of "rock

cocaine," on or about Februar 21, 2008; and that he gave a cat as a belated Valentine's Day

present to his mother on or about Februar 21, 2008.

22. The testimony of CC-4 as aforesaid was materially false and perjurious as CC-4

then and there knew, and as the defendant CHARES F. DAUM well knew when he procured it,

in that the true facts as known to both were as follows: during the time period between Februar

20,2008, and February 23, 2008, CC-4 was not in Washington, D.C.; CC-4 did not tal,e the

series of photographs submitted into evidence as Defendant's Exhibits 11, 14, and 16, which

depicted CC- 3 engaging in what appeared to be the "cutting" of "rock cocaine, on or about

February 21, 2008, nor at any other time; and he did not gave his mother a cat as a Valentine's

Day present on or about Februar 21,2008, nor at any other time; all in violation of Title 18,

United States Code, Section 1622 and Title 18, United States Coùe, Section 2.

(Subornation of Perjur, in violation of Title 18, United States Code, Section 1622).

COUNT SEVEN

23. The allegations in paragraphs One through Nine are realleged and incorporated

herein.

24. From on or about April 30, 2008, through on or about September 24, 2008, the

exact dates being unknown to the Grand Jury, in Úle District of Columbia, the defendant

CHARLES F. DAUVl did wilfully suborn and procure CC-l to commit perjur by testifying

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falsely under oath to a material matter in a case entitled United States of America v. Delante

White, Criminal No. 08-065, in the United States District Cour for the District of Columbia.

25. It was material to the said case described in paragraph One to determine (a)

whether Delante Whte resided at 637 Hamlin Street, N.E., Apartment #2, Washington, D.C., at

the time the cocaine was seized by MPD pursuant to a search warant executed on or about

February 23, 2008, (b) whether during the time period between October 1,2007, and Februar

23, 2008, Delante Vihite and CC-L actually lived together at 3403 Nicholson Street in

Hyattsvile, Maryland, as reflected in a lease submitted into evidence by the defendant

CHARLES F. DAUM, (c) whether a pair of Gucci boots submitted into evidence by the

defendant CHARLES F. DAUM as Defendant's Exhibit 17 had been found by CC-L in a closet

at her home on the morning that CC-L testified at the trial of the case described in paragraph

One, and (d) whether the pair of Gucci boots submitted into evidence by the defendant

CHARES F. DAUM as Defendant's Exhibit 17 belonged to Delante Whte.

26. On or about September 24, 2008, CC- 1 gave false and perjurious testimony under

oath in the case entitled United States of America v. De1ante White, Criminal No. 08-065, in the

United States District Court for the District of Columbia, as follows: that De1ante White and CC-

1 lived together between October i, 2007, and Februar 23,2008, at 3403 Nicholson Street in

Hyattsvile, Marland as reflected in the lease agreement which was submitted into evidence as

Defendant's Exhibit 18; that the pair of Gucci boots submitted into evidence by the defendant

CHARLES F. DAUM as Defendant's Exhibit 17 had been found by CC-L in a closet at her home

on the morning that CC-L testified at the trial of Delante White described in paragraph One; and

that those boots belonged to Delante White.

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27. The testimony of CC- 1 as aforesaid was materially false and perjurious as CC-L

then and there 1mew, and as the defendant CHAES F. DAUM well knew when he procured it,

in that the true facts as known to both were as follows: sometime afer Februar 23,2008, the

date of execution ofthe search warrant at 637 Hamlin Street, N.E., Aparment #2, Washington,

D.C., by MPD, CC- 1 obtained a blan lease agreement from a retail store as directed by the

defendant CHARLES F. DAUM, and thereafter complctcd and cxccutcd thc lcase agreement

along with Delante White and an unndicted co-conspirator, which indicated that CC- 1 had lived

with Delante White during the time period between October 1, 2007, and Februar 23, 2008, at

3403 Nicholson Street in Hyattsvile, Maryland; at no time did either CC-L or De1ante White

actually Ii ve at 3403 Nicholson Street in Hyattsvile, Marland; that CC- 1 and CC-2 purchased a

pair of Gucci boots on or about September 15, 2008, after being advised by the defendant

CHARLES F. DAUM that he needed the Gucci boots as evidence in the upcoming trial of

De1ante White; and that those boots which were submitted into evidence by the defendant

CHARLES F. DAUM as Defendant's Exhibit 17, at the trial of Del ante White did not come from

the closet of CC- l's home that morning and did not, in fact, helong to Delante White; all in

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violation of Title 18, United States Code, Section 1622 and Title 18, United States Code, Section

2.

(Subornation of Perjury, in violation of Title 18, United States Code, Section 1622).

A TRUE BILL:

~ FOREPERSON
.--. -
l" ii,.. .,:",' ....!..i
\ \ _J v1

il/"i.
.', ' :¡
Arthur ". Wyâtt, Chie .
Narcotic and DangeroJs Drug Section
Criminal Division, Deparment of Justice
1400 'lew York Avenue, KW.
Bond Building
Washington, D.C. 20005

By:
Stephen . May, A~
Robert A. Spelke (
DonnelJ Turner
Trial Attorneys
Narcotic and Dangerous Drug Section
Criminal Division, Deparment of Justice
1400 New York Avenue, N.W.
Bond Building
Washington, D.C. 20005
Telephone: (202)514-1286

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