UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA
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- v.:
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DAMION BUTLER,
:
a/k/a “D-Roc,”
:
a/k/a “Roc,”
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a/k/a “Sean Thomas Connor,”
:
a/k/a “Sean Connor,”
:
a/k/a “Sean Conners,”
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a/k/a “Sean Conner,”
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a/k/a “Damian Butler,”
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a/k/a “Damien Butler,”
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a/k/a “Damion Adams,”
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a/k/a “Julius Williams,”
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SUIF JACKSON,
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a/k/a “Gutta,”
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a/k/a “C-Gutta,”
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a/k/a “Gutter,”
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KIMBERLY JONES,
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a/k/a “Lil’ Kim,”
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a/k/a “Notorious KIM,”
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a/k/a “Queen Bee,”
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a/k/a “Queen B,”
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a/k/a “Kim,”
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MONIQUE DOPWELL,
:
a/k/a “Mo,”
:
a/k/a “Mo Betta,”
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Defendants.
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INDICTMENT
04 Cr.
COUNTS ONE THROUGH FIVE
(Firearms Violations)
COUNT ONE
The Grand Jury charges:
1.
On or about February 25, 2001, in the Southern
District of New York and elsewhere, DAMION BUTLER, a/k/a “D-Roc,”
a/k/a “Roc,” a/k/a “Sean Thomas Connor,” a/k/a “Sean Connor,”
a/k/a “Sean Conners,” a/k/a “Sean Conner,” a/k/a “Damian Butler,”
a/k/a “Damien Butler,” a/k/a “Damion Adams,” a/k/a “Julius
Williams,” (hereinafter “DAMION BUTLER” or “BUTLER”), the
defendant, unlawfully, willfully, and knowingly, after having
been convicted upon a plea of guilty in New York State Supreme
Court, Kings County on or about September 27, 1991 of Criminal
Possession of a Loaded Firearm in the Third Degree, and after
having been convicted upon a plea of guilty in New York State
Supreme Court, New York County on or about March 30, 1990 of
Attempted Criminal Possession of a Weapon in the Third Degree,
possessed in and affecting commerce a firearm and ammunition, to
wit, BUTLER brought a firearm and ammunition from New Jersey to
Manhattan and fired a firearm in front of WQHT (“Hot 97") radio
station offices at 395 Hudson Street in Manhattan, and such
ammunition had been manufactured outside the State of New York.
(Title 18, United States Code, Section 922(g)(1).)
COUNT TWO
The Grand Jury further charges:
2.
On or about February 25, 2001, in the Southern
District of New York and elsewhere, SUIF JACKSON, a/k/a “Gutta,”
a/k/a “C-Gutta,” a/k/a “Gutter,” (hereinafter, “SUIF JACKSON” or
“JACKSON”), the defendant, unlawfully, willfully, and knowingly,
after having been convicted upon a plea of guilty in New York
State Supreme Court, Kings County on or about April 27, 1992 of
Robbery in the Third Degree, and after having been convicted upon
a plea of guilty in New York State Supreme Court, New York County
on or about February 28, 1991 of Attempted Robbery in the First
Degree, and after having been convicted upon a plea of guilty in
2
New York State Supreme Court, Kings County on or about April 29,
1991 of Criminal Possession of a Loaded Firearm in the Third
Degree, possessed in and affecting commerce a firearm and
ammunition, to wit, JACKSON brought a loaded, fully automatic
Mac-11 machinegun from New Jersey to Manhattan and fired that
machinegun in the vincinity of the Hot 97 radio station offices
at 395 Hudson Street in Manhattan, and such machinegun and
ammunition had been manufactured outside the State of New York.
(Title 18, United States Code, Section 922(g)(1).)
COUNT THREE
The Grand Jury further charges:
3.
On or about February 25, 2001, in the Southern
District of New York and elsewhere, SUIF JACKSON, the defendant,
unlawfully, willfully, and knowingly did possess a machinegun, to
wit, JACKSON possessed a loaded, fully automatic Mac-11
machinegun, which he fired in the vicinity of 395 Hudson Street,
New York, New York.
(Title 18, United States Code, Section 922(o).)
3
COUNT FOUR
The Grand Jury further charges:
4.
On or about February 25, 2001, in the Southern
District of New York and elsewhere, SUIF JACKSON, a/k/a “Gutta,”
a/k/a “C-Gutta,” a/k/a “Gutter,” the defendant, unlawfully,
willfully, and knowingly did transport a firearm in interstate
commerce which had not been registered as required by Title 26,
United States Code, to wit, JACKSON transported a fully automatic
Mac-11 machinegun from New Jersey to Manhattan that had not been
registered as required by law, and fired that machinegun in the
vicinity of 395 Hudson Street, New York, New York.
(Title 26, United States Code, Section 5861(j).)
COUNT FIVE
The Grand Jury further charges:
5.
On or about February 25, 2001, in the Southern
District of New York and elsewhere, SUIF JACKSON, a/k/a “Gutta,”
a/k/a “C-Gutta,” a/k/a “Gutter,” the defendant, unlawfully,
willfully, and knowingly did possess a firearm which was not
registered to him in the National Firearms Registration and
Transfer Record, to wit, JACKSON possessed a fully automatic Mac11 machinegun, which was not registered to him in the National
Firearms Registration and Transfer Record, and fired that
4
machinegun in the vicinity of 395 Hudson Street, New York, New
York.
(Title 26, United States Code, Section 5861(d).)
COUNT SIX
(Conspiracy to Commit Perjury, Make False Statements,
And Obstruct Justice)
The Grand Jury further charges:
Background
6.
The allegations set forth in paragraphs 1 through
5 are repeated and realleged as if fully set forth herein.
7.
At all times relevant to this Indictment,
KIMBERLY JONES, a/k/a “Lil’ Kim,” a/k/a “Notorious KIM,” a/k/a
“Queen Bee,” a/k/a “Queen B,” a/k/a “Kim,” (hereinafter “KIMBERLY
JONES” or “JONES”), the defendant, was known professionally as
“Lil’ Kim” and performed rap and hip-hop music.
JONES was a
member of the “Jr. M.A.F.I.A.” rap group (“Jr. M.A.F.I.A.”) from
at least in or about 1995.
Christopher Wallace, who was known
professionally as, among other things, “the Notorious B.I.G.,”
“Biggie,” “Biggie Smalls,” “B.I.,” “Big Pop,” and “Frank White,”
formed the group and provided opportunities in the music business
to his friends, including among others JONES, Damion Butler, and
Suif Jackson, whom he had met in the Bedford Stuyvesant
neighborhood of Brooklyn.
Throughout the 1990s and up to and
including at least 2001, members and associates of Jr.
M.A.F.I.A., including JONES, as well as Butler and Jackson, who
are charged as defendants in Counts One through Five, referred to
5
each other as “family” and developed loyalty to each other.
Prior to and in 2001, JONES purchased and maintained a home she
owned in Englewood, New Jersey.
8.
Damion Butler was a close friend of Christopher
Wallace prior to Wallace’s 1997 murder.
After Wallace’s death,
Butler became a co-manager for KIMBERLY JONES, the defendant, and
Butler developed a close relationship with JONES.
During various
periods, in or about 2000 and 2001, Butler resided at JONES’
Englewood, New Jersey home.
9.
Suif Jackson was also a close friend of
Christopher Wallace and Damion Butler, and a friend of KIMBERLY
JONES, the defendant.
At times in 2000 and 2001, Jackson stayed
overnight at JONES’ Englewood, New Jersey home.
10.
KIMBERLY JONES, the defendant, referred to both
Damion Butler and Suif Jackson by their nicknames in various
songs she wrote and/or has performed.
In the notes to her album
entitled “The Notorious KIM,” JONES referred to Butler by
nickname and as “my brother, my best friend.”
In the same notes,
JONES thanked Jackson by nickname and expressed her affection for
him.
11.
In or about 1997 up to and including at least
2001, Damion Butler was a principal of Roc Management, Inc.
and
Roc Security, Inc., companies which provided services to KIMBERLY
JONES, the defendant.
At their inception and for a period of
time, these companies maintained their offices at JONES’
Englewood, New Jersey home.
6
12.
From at least 1997, up to and including at least
2001, KIMBERLY JONES, the defendant, at times was accompanied by
Damion Butler to events, including but not limited to concerts,
tours, and other public appearances, such as radio shows.
13.
From the 1990s through and including 2003, MONIQUE
DOPWELL, a/k/a “Mo,” a/k/a “Mo Betta,” (hereinafter, “MONIQUE
DOPWELL” or “DOPWELL”), and KIMBERLY JONES, the defendants, were
close friends.
At times, DOPWELL accompanied JONES on tour and
to public appearances, such as radio shows.
14.
On or about the afternoon of February 25, 2001,
KIMBERLY JONES, the defendant, and members of Jr. M.A.F.I.A.
appeared as on-air guests on the Hot 97 radio station, whose
offices are located at 395 Hudson Street, New York, New York.
KIMBERLY JONES and MONIQUE DOPWELL, the defendants, Damion
Butler, and other members of Jr. M.A.F.I.A. entered the Hot 97
radio station offices together.
15.
Thereafter, and while the radio show featuring
defendant KIMBERLY JONES and others was still in progress, Damion
Butler left the Hot 97 radio station offices.
After the radio
show concluded, JONES left the Hot 97 radio station offices with
defendant MONIQUE DOPWELL and others.
16.
After leaving the Hot 97 offices, defendants
KIMBERLY JONES and MONIQUE DOPWELL were standing outside, near
the entrance to 395 Hudson Street, New York, New York.
Damion
Butler and Suif Jackson, among others, were standing nearby on
the same sidewalk as JONES and DOPWELL.
7
At approximately the
same time, another rap/hip-hop performer, who was scheduled to
appear on the Hot 97 radio channel after JONES completed her
appearance, approached the building at 395 Hudson Street.
17.
Thereafter, and while defendants KIMBERLY JONES
and MONIQUE DOPWELL were standing there, Damion Butler and Suif
Jackson, and at least one other person, fired guns in the
vicinity of 395 Hudson Street.
18.
One person was shot in the back.
After the shooting, defendants KIMBERLY JONES and
MONIQUE DOPWELL returned to JONES’ Englewood, New Jersey home.
Among those present at JONES’ home on the night of February 25,
2001 was Damion Butler.
19.
The next day, on or about February 26, 2001,
members of the New York City Police Department investigating the
February 25, 2001 shooting in the vicinity of 395 Hudson Street
went to the Englewood, New Jersey home of defendant KIMBERLY
JONES.
JONES refused to tell the police the identities of any
individuals who had accompanied her to her radio station
appearance on Hot 97 on February 25, 2001.
20.
After the February 25, 2001 shooting, a federal
Grand Jury sitting in the Southern District of New York began
investigating, among other things, the identities of the
individuals present in front of 395 Hudson Street on February 25,
2001 during the shooting that day, the identities of those
present who possessed guns, the identities of those present who
fired guns, and the motive for the shooting.
Although JONES and
DOPWELL were not considered shooting suspects, it was material to
8
the Grand Jury’s investigation to determine, among other things,
precisely what they witnessed, what information they learned
after the shooting, what information they might possess
concerning the motive for the shooting, and what relationship
they had with the suspected shooters.
During the questioning
before the Grand Jury, defendants JONES and DOPWELL were shown
photographs of various individuals, including a photograph of
Suif Jackson, Grand Jury Exhibit J-3.
Statutory Allegations
21.
In or about 2003, in the Southern District of New
York and elsewhere, KIMBERLY JONES and MONIQUE DOPWELL, the
defendants, unlawfully, wilfully, and knowingly did combine,
conspire, confederate, and agree together and with each other to
violate the laws of the United States, to wit, to violate Title
18, United States Code, Sections 1623, 1001, and 1503.
22.
It was a part and an object of the conspiracy that
KIMBERLY JONES and MONIQUE DOPWELL, the defendants, having taken
an oath to testify truthfully in a proceeding before a Grand Jury
sitting in the Southern District of New York, unlawfully,
willfully, knowingly, and contrary to such oath, would and did
make false material declarations, in violation of Title 18,
United States Code, Section 1623.
23.
In was further a part and an object of the
conspiracy that KIMBERLY JONES and MONIQUE DOPWELL, the
defendants, in a matter within the jurisdiction of the judicial
branch of the Government of the United States, unlawfully,
9
willfully and knowingly would and did falsify, conceal, and cover
up by trick, scheme, and device a material fact, and would and
did make materially false, fictitious, and fraudulent statements
and representations, in violation of Title 18, United States
Code, Section 1001.
24.
It was further a part and an object of the
conspiracy that KIMBERLY JONES and MONIQUE DOPWELL, the
defendants, unlawfully, willfully and knowingly would and did
corruptly impede and endeavor to influence, obstruct, and impede
the due administration of justice, in violation of Title 18,
United States Code, Section 1503.
Overt Acts
25.
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:
a.
On or about June 19, 2003, KIMBERLY JONES,
the defendant, testified falsely before a federal Grand Jury
sitting in Manhattan.
b.
On or about July 3, 2003, KIMBERLY JONES, the
defendant, testified falsely before a federal Grand Jury sitting
in Manhattan.
c.
On or about August 21, 2003, KIMBERLY JONES,
the defendant, testified falsely before a federal Grand Jury
sitting in Manhattan.
d.
On or about August 6, 2003, MONIQUE DOPWELL,
the defendant, testified falsely before a federal Grand Jury
10
sitting in Manhattan.
e.
On or about December 4, 2003, MONIQUE
DOPWELL, the defendant, testified falsely before a federal Grand
Jury sitting in Manhattan.
(Title 18, United States Code, Section 371.)
COUNT SEVEN
(Perjury)
The Grand Jury further charges:
26.
The allegations set forth in paragraphs 1 through
25 are repeated and realleged as if fully set forth herein.
27.
On or about June 19, 2003, in the Southern
District of New York, KIMBERLY JONES, the defendant, having taken
an oath to testify truthfully in a proceeding before a Grand Jury
sitting in the Southern District of New York, unlawfully,
willfully, knowingly, and contrary to such oath, did make false
material declarations, to wit, she gave the following underlined
false testimony:
Q:
(a)
A:
At any time from the time you left your house to
the time you went into the booth, did you see Mr.
Butler?
No. There were people downstairs, that’s the
thing, he was supposed to meet us there, so I went
straight upstairs.
***
Q:
A:
Q:
And at this point when you are exiting the booth,
at any point during this day had you seen Damien
Butler?
Yeah -– no, I am positive.
Let’s be careful you said, “yeah” and “no.” So I
am going to ask the question again and you answer
11
(b)
A:
whatever the truth is. Up until this point when
you are exiting the booth on this day [February
25, 2001], at any point prior to that on this day
had you seen Damien Butler?
No.
***
(c)
(d)
Q:
A:
Q:
A:
Q:
A:
On the street, did you see Damien Butler?
No, I didn’t see him.
And when I say on the street, I also mean on the
sidewalk. I mean outside the office, did you see
Damien Butler?
I didn’t see him.
There is no doubt in your mind?
No.
***
Q:
(e)
(f)
A:
Q:
A:
Q:
A:
And at the time that you heard the shots, did you
see Damien Butler?
No.
Was he anywhere on the street?
No.
I am just going to ask you one more time, at any
time between you exiting the building, the four or
five minute period between your exiting the
building and your getting into the limo, did you
see Damien Butler?
No.
***
(g)
Q:
A:
Q:
A:
Did Damien Butler come to the house that night?
No.
Was he at the house anytime that day?
No. I spoke to Damien on the phone.
***
Q:
(h)
A:
Q:
(i)
A:
Q:
Isn’t it also a fact that when you exited the
radio station and came out onto the sidewalk,
Damien Butler was there?
No, not that I know of, like I told you.
Well when you say not that you know of, what do
you mean?
I said no.
If he had been there, you would have seen him,
12
A:
Q:
(j)
A:
correct?
Yes, that’s what you asked me before and I said
the same thing.
And you did not see him, is that what you are
saying?
I did not see him.
***
Q.
(l)
Q.
A.
Q.
A.
When you say you don’t know him [the person
depicted in Grand Jury Exhibit J-3] too well, do
you know him a little bit?
I think I have seen him, but I don’t know him too
well. I don’t know his name.
Where do you think you have seen him?
I have seen him around. He has a familiar face.
Has he ever been to your home?
No.
(m)
Q.
A.
***
Do you recall where you saw [Suif Jackson]?
He is familiar. I don’t know him though.
A:
(k)
***
13
Q:
(n)
A:
In fact, you have seen him [Suif Jackson] many
times before; isn’t that right?
No.
***
Q:
(o)
A:
Do you know if he [Suif Jackson] was associated
with Damian Butler?
No, I don’t know if he was.
(Title 18, United States Code, Section 1623.)
COUNT EIGHT
(Perjury)
The Grand Jury further charges:
29.
The allegations set forth in paragraphs 1 through
25 are repeated and realleged as if fully set forth herein.
30.
On or about July 3, 2003, in the Southern District
of New York, KIMBERLY JONES, the defendant, having taken an oath
to testify truthfully in a proceeding before a Grand Jury sitting
in the Southern District of New York, unlawfully, willfully,
knowingly, and contrary to such oath, did make false material
declarations, to wit, she gave the following underlined false
testimony:
Q:
(a)
A:
Q:
(b)
A:
Q:
A:
(c)
Was [Damion Butler] at the radio station that day
February 25th 2001 at Hot 97?
No, I did not see Damion Butler there.
Was Damion Butler outside on the sidewalk or on
the street in front of Hot 97 on February 25th
2001 the day the shooting occurred?
No. Not that I know of, no.
You didn’t see him there?
I didn’t see him there.
(Title 18, United States Code, Section 1623.)
14
COUNT NINE
(Perjury)
The Grand Jury further charges:
31.
The allegations set forth in paragraphs 1 through
25 are repeated and realleged as if fully set forth herein.
32.
On or about August 21, 2003, in the Southern
District of New York, KIMBERLY JONES, the defendant, having taken
an oath to testify truthfully in a proceeding before a Grand Jury
sitting in the Southern District of New York, unlawfully,
willfully, knowingly, and contrary to such oath, did make false
material declarations, to wit, she gave the following underlined
false testimony:
Q:
A:
Q:
A:
(a)
Q:
A:
Q:
(b)
(c)
(d)
A:
Q:
A:
Q:
A:
I want to show you Exhibit J-3 [a photograph of
Suif Jackson]. Do you recall me showing you that
picture before?
Yes, I do.
Now, do you remember who that is?
I don’t remember his name in full, but I remember
you showing me the picture.
Well, do you remember his name in part?
No, I don’t remember his name. I remember you –seeing his name on the paper or you saying the
name, something like that.
As you sit here today, do you recall this person’s
name at all?
No.
How about a nickname?
No. I’ve seen him around, though.
Isn’t it a fact that this person was arrested with
you in Teaneck?
No.
***
Q:
And you are positive that the only people who
entered the radio station on February 25, 2001
15
(e)
(f)
A:
Q:
A:
Q:
A:
Q:
A:
Q:
A:
with you were James Lloyd, Antoine Spain, and
Monique Dopwell?
Yes.
There is no doubt in your mind?
There is no doubt in my mind.
Who entered the radio station’s offices at Hot 97
on February 25, 2001 with you?
Monique Dopwell, Antoine Spain and Lil Cease.
You are positive of that?
Yes.
Was anybody else with you?
No.
***
Q:
(g)
A:
Q:
(h)
A:
Was Damion Butler with you as you, Antoine Spain,
James Lloyd –- that’s Lil Cease, and Monique
Dopwell entered the offices at Hot 97 on February
25, 2001?
No.
***
At any time that day, February 25, 2001, did
Damion Butler enter the offices at Hot 97?
No, he did not.
***
Q:
A:
(i)
Q:
A:
When you exited the elevator on the 7th Floor to go
to Hot 97 on February 25, 2001, who exited the
elevator with you?
As far as I can remember, myself, Monique Dopwell,
Antoine Spain and Lil Cease.
Did Damion Butler exit the elevator with you?
No.
****
Q:
A:
(j)
Q:
A:
That day, February 25, 2001, as you went by that
security guard, the security guard to get into the
offices of Hot 97, who was with you?
As far as I can remember, Lil Cease, Monique
Dopwell and Antoine Spain.
Was Damion Butler with you?
No.
***
Q:
At any time between the time you left your home on
16
(k)
A:
February 25, 2001 to go to the radio station Hot
97 and the time you heard gunshots later that
afternoon February 25, 2001, did you see Damion
Butler?
No, I did not see him.
***
Q:
(l)
A:
Q:
A:
At the time that you heard gunshots on February
25, 2001 in front of Hot 97, did you see Damion
Butler?
No, I didn’t.
Had you seen him at any time that day?
No, I didn’t.
(Title 18, United States Code, Section 1623.)
COUNT TEN
(Perjury)
The Grand Jury further charges:
34.
The allegations set forth in paragraphs 1 through
25 are repeated and realleged as if fully set forth herein.
35.
On or about August 6, 2003, in the Southern
District of New York, MONIQUE DOPWELL, the defendant, having
taken an oath to testify truthfully in a proceeding before a
Grand Jury sitting in the Southern District of New York,
unlawfully, willfully, knowingly, and contrary to such oath, did
make false material declarations, to wit, she gave the following
underlined false testimony:
Q:
(a)
A:
Q:
A:
When you left, in the hallway of the offices of
Hot 97 or in any room at Hot 97, did you see Roc?
I never seen Roc the whole entire time.
And there is no doubt in your mind about that?
No doubt.
17
***
Q:
(b)
A:
I will rephrase the question. Is it correct that
up until this point when you heard shots on the
day of the shooting at Hot 97, you had not seen
Roc all day?
No, I hadn’t.
***
Q:
(c)
A:
Q:
(d)
A:
Q:
(e)
A:
Q:
(f)
A:
Isn’t it a fact that Roc went up to the radio
station in the elevator with you, Little Kim,
Little Cease, and Banger?
He wasn’t there.
Isn’t it a fact that he entered the radio
station’s offices with you four?
He didn’t enter the office.
Isn’t it a fact that when you exited the radio
station and got up and went outside of the radio
station’s offices, he was there on the street?
He wasn’t there. I didn’t see him.
Isn’t it a fact that he was one of the people who
was shooting at the shoot-out?
I didn’t see Roc at all, so I couldn’t tell you
that.
(Title 18, United States Code, Section 1623.)
18
COUNT ELEVEN
(Perjury)
The Grand Jury further charges:
36.
The allegations set forth in paragraphs 1 through
25 are repeated and realleged as if fully set forth herein.
37.
On or about December 4, 2003, in the Southern
District of New York, MONIQUE DOPWELL, the defendant, having
taken an oath to testify truthfully in a proceeding before a
Grand Jury sitting in the Southern District of New York,
unlawfully, willfully, knowingly, and contrary to such oath, did
make false material declarations, to wit, she gave the following
underlined false testimony:
Q:
(a)
(b)
A:
Q:
A:
When you got upstairs and you started to enter Hot
97's offices, was Roc there?
No.
Was Roc there at all that day?
No. I didn’t see him.
***
Q:
(c)
(d)
A:
Q:
A:
Q:
A:
Q:
A:
The day of the shoot-out in front of Hot 97, after
you got out of the radio station, was Roc there at
all?
No. I never seen Roc.
You are positive about that?
I am positive.
Did you see Roc at all in the building at Hot 97?
No. I haven’t seen Roc the entire day. From when
I got to Kim’s house I never seen him.
And you are talking about –- when you say “the
entire day,” you are talking about the day of the
shoot-out, correct?
Yes.
(Title 18, United States Code, Section 1623.)
19
COUNT TWELVE
(False Statements)
The Grand Jury further charges:
38.
The allegations set forth in paragraphs 1 through
25 and paragraphs 27, 30, and 32 are repeated and realleged as if
fully set forth herein.
39.
On or about June 19, 2003, in the Southern
District of New York, KIMBERLY JONES, the defendant, in a matter
within the jurisdiction of the judicial branch of the Government
of the United States, unlawfully, willfully and knowingly
falsified, concealed, and covered up by trick, scheme, and device
material facts, and made materially false, fictitious, and
fraudulent statements and representations, to wit, JONES
testified falsely before a federal grand jury sitting in the
Southern District of New York, in New York, New York, and
concealed and covered up facts that were material to the
investigation: (a) JONES stated that Damion Butler was not
present at the Hot 97 radio station on February 25, 2001, when
she knew this to be false; (b) JONES falsely denied that she knew
Suif Jackson; and (c) JONES concealed and covered up her
knowledge of Suif Jackson and Damion Butler’s presence at the Hot
97 radio station on February 25, 2001.
(Title 18, United States Code, Sections 1001(a)(1) and (a)(2).)
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COUNT THIRTEEN
(False Statements)
The Grand Jury further charges:
40.
The allegations set forth in paragraphs 1 through
25 and paragraphs 27, 30, and 32 are repeated and realleged as if
fully set forth herein.
41.
On or about July 3, 2003, in the Southern
District of New York, KIMBERLY JONES, the defendant, in a matter
within the jurisdiction of the judicial branch of the Government
of the United States, unlawfully, willfully and knowingly
falsified, concealed, and covered up by trick, scheme, and device
material facts, and made materially false, fictitious, and
fraudulent statements and representations, to wit, JONES
testified falsely before a federal grand jury sitting in the
Southern District of New York, in New York, New York, and
concealed and covered up facts that were material to the
investigation: (a) JONES stated that Damion Butler was not
present at the Hot 97 radio station on February 25, 2001, when
she knew this to be false; and (b) JONES concealed and covered up
the fact that Damion Butler was present at the Hot 97 radio
station offices on February 25, 2001.
(Title 18, United States Code, Sections 1001(a)(1) and (a)(2).)
21
COUNT FOURTEEN
(False Statements)
The Grand Jury further charges:
42.
The allegations set forth in paragraphs 1 through
25 and paragraphs 27, 30, and 32 are repeated and realleged as if
fully set forth herein.
43.
On or about August 21, 2003, in the Southern
District of New York, KIMBERLY JONES, the defendant, in a matter
within the jurisdiction of the judicial branch of the Government
of the United States, unlawfully, willfully and knowingly
falsified, concealed, and covered up by trick, scheme, and device
material facts, and made materially false, fictitious, and
fraudulent statements and representations, to wit, JONES
testified falsely before a federal grand jury sitting in the
Southern District of New York, in New York, New York, and
concealed and covered up facts that were material to the
investigation: (a) JONES stated that Damion Butler was not
present at the Hot 97 radio station on February 25, 2001, when
she knew this to be false; (b) JONES falsely denied that she knew
Suif Jackson; and (c) JONES concealed and covered up her
knowledge of Suif Jackson and Damion Butler’s presence at the Hot
97 radio station on February 25, 2001.
(Title 18, United States Code, Sections 1001(a)(1) and (2).)
22
COUNT FIFTEEN
(False Statements)
The Grand Jury further charges:
45.
The allegations set forth in paragraphs 1 through
25, and paragraphs 35 and 37, are repeated and realleged as if
fully set forth therein.
46.
On or about August 6, 2003, in the Southern
District of New York, MONIQUE DOPWELL, the defendant, in a matter
within the jurisdiction of the judicial branch of the Government
of the United States, unlawfully, willfully and knowingly
falsified, concealed, and covered up by trick, scheme, and device
material facts, and made materially false, fictitious, and
fraudulent statements and representations, to wit, DOPWELL
testified falsely before a federal grand jury sitting in the
Southern District of New York, in New York, New York, and
concealed and covered up facts that were material to the
investigation: (a) DOPWELL stated that Damion Butler was not
present at the Hot 97 radio station on February 25, 2001, when
she knew this to be false; and (b) DOPWELL concealed and covered
up Damion Butler’s presence at the Hot 97 radio station on
February 25, 2001.
(Title 18, United States Code, Sections 1001(a)(1) and (2).)
23
COUNT SIXTEEN
(False Statements)
The Grand Jury further charges:
47.
The allegations set forth in paragraphs 1 through
25 and paragraphs 35 and 37 are repeated and realleged as if
fully set forth therein.
48.
On or about December 4, 2003, in the Southern
District of New York, MONIQUE DOPWELL, the defendant, in a matter
within the jurisdiction of the judicial branch of the Government
of the United States, unlawfully, willfully and knowingly
falsified, concealed, and covered up by trick, scheme, and device
material facts, and made materially false, fictitious, and
fraudulent statements and representations, to wit, DOPWELL
testified falsely before a federal grand jury sitting in the
Southern District of New York, in New York, New York, and
concealed and covered up facts that were material to the
investigation: (a) DOPWELL stated that Damion Butler was not
present at the Hot 97 radio station on February 25, 2001, when
she knew this to be false; and (b)
DOPWELL concealed and covered
up Damion Butler’s presence at the Hot 97 radio station on
February 25, 2001.
(Title 18, United States Code, Sections 1001(a)(1) and (2).)
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COUNT SEVENTEEN
(Obstruction of Justice)
The Grand Jury further charges:
49.
The allegations set forth in paragraphs 1 through
48 are repeated and realleged as if fully set forth therein.
50.
From at least in or about 2001 up to and including
at least in or about December 2003, in the Southern District of
New York, KIMBERLY JONES and MONIQUE DOPWELL, the defendants,
unlawfully, willfully and knowingly, did corruptly endeavor to
influence and impede grand jurors, in the discharge of their
duty, and did corruptly endeavor to influence, obstruct, and
impede, the due administration of justice.
(Title 18, United States Code, Sections 1503 and 2.)
FOREPERSON
DAVID N. KELLEY
United States Attorney
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