. -.- TO BE SEALED

P.M SES:DVK:rgm N M l , 050 vp/4/359

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

snd UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

- against - PREHISES KNOWN AND DESCRIBED AS: 1 THE NATIONAL OFFICE OF THE PROVISIONAL PARTY OF COMMUNISTS, APARTMENT ZA, 1107 CARROLL STREET, BROOKLYN, NEW YORK

2. TAE LAW OFFICES OF DANIEL FOSTER AND ASSOCIATES AND THE OFFICE OF GIN0 PARENTI, BOTH OFFICES OCCUPYING THE PREMISES OF AND KNOWN AS APARTMENT lA, 1107 CARROLL STREET, BROOKLYN, NEW YORK

3. THE DOCTOR'S OFFICE, APARTPlENT 1A. 1115 CARROLL STREET, BROOKLYN, NEW YORK

4. THE BASEMENTS OF THREE ADJOINING FOUR-STORY A P A R W BUILDINGS KNOWN AS 1107, 1111 and 1115 CARROLL STREET, BROOKLYN, NEW YORK

5. THE GROUND FLOOR PREMISES (AND ANY AREAS APPURTENANT THERETO) ALSO KNOWN AS THE DESIGN STUDIO OF JADE BEHAR-TRGVES. 354 W L D

6. THE PENTHOUSE APARTMENT OF DR. ALAN PI. BERKOWITZ KNOWN AS APART- MENT 15A. 145 WEST 55TH STREET, NEWYORK, NEWY0P.K

EASTERN DISTRICT OF NEW YORK and

SOUTHERN DISTRICT OF NEW YORK. SS:

NEIL E. BEFXAN, being duly sworn, deposes and

says that he is a special Agent of the Federal Bureau of

Investigation (FBI), New York Division, Joint Terrorist

Task Force, duly appointed according to law and acting as

-.- Your deponent has reason to believe that on the

premises known and described as:

I. THE NATIONAL OFFICE OF THE PROVISIONAL PARTY OF COMMUNISTS, APARTMENT 2A, 1107 CARROLL STREET, BROOKLYN, NEW YORK

2. THE LAW OFFICES OF DANIEL FOSTER AND ASSOCIATES AND THE OFFICE OF GIN0 PARENTI, BOTH OFFICES OCCUPYING THE PREMISES OF AND KNOWN AS APARTMENT lA, 1107 CARROLL STREET, BROOKLYN, NEW YORK

3. THE DOCTOR'S OFFICE, APARTMENT lA, 1115 CARROLL STREET, BROOKLYN, NEW YORK

4. THE BASEMENTS OF THREE ADJOINING FOUR-STORY APARTMENT BUILDINGS KNOWN AS 1107, 1111 and 1115 CARROLL STREET, BROOKLYN, NEW YORK

5. THE GROUND FLOOR PREMISES (AND ANY AREAS APPURTENANT THERETO) ALSO KNOWN AS THE DESIGN STUDIO OF JADE BEHAR-TREVES, 354 GOLD STREET, BROOKLYN, NEW YORK

within the Eastern District of New York and

6. THE PENTHOUSE APARTMENT OF DR. ALRN M. BERKOWITZ KNOWN AS APART- MENT 15A, 145 WEST 55TH STREET, NEW YORK, NEW YORK

within the Southern District of New York, is being

concealed certain property, namely: weapons (rifles,

handguns and machineguns) and other military equipment

including uniforms; explosives and bomb making equipment;

all records of the Provisional Party of Communists (PPC)

- .r. relating to the purchase, storage, location and disposal of

weapons, ammunition and explosives; all books, documents

and records outlining the PPC's plans for an armed

insurrection against the lawful authority of the United

States Government; all records relating to planned

terrorist activities; all records of the "Military

Fraction" of the PPC including, but not limited to, records

detailing planned military activities directed against the

lawful authority of the United States Government, records

detailing planned terrorist activities, records concerning

the location of "Military FractionN headquarters, records

relating to the location of weapons, ammunition and

explosives, records relating to the purchase, storage and

disposal of weapons, ammunition and explosives, records

relating to the identity of those individuals making up the

"Military FractionIt of the PPC and records relating to the

system of communications among and between the different

locations of the "Military Fraction" of the PPC; and the

books and records of Foxfire Enterprises, Inc.; which

property is evidence and instrumentalities of a criminal

offense, to wit, carrying of weapons during the commission

of a felony prosecutable in a court of the United States,

e.g., the possession of firearms not registered to the

possessors in the National Firearms Registration and

Transfer Record in violation of 26 U.S.C. §5861(d), in

violation-of Title 18, United States Code, Section

924(c)(2); the possession of firearms not registered to the

possessor in the National Firearms Registration and

Transfer Record in violation of Title 26, United States

Code, Section 5861(d); the corrupt endeavoring to obstruct

and impede the due administration of justice in violation

of Title 18, United States Code, Section 1503; and the

making of materially false statements and representations

in a matter within the jurisdiction of a department or

agency of the United States in violation of Title 18,

United States Code, Section 1001.

The source of your deponent's information and the

grounds for his belief are:

1. A confidential source (hereinafter referreb

to as CS1) is a member of the Provisional Party of

Communists (PPC) and has provided information to agents of

the Federal Bureau of Investigation (FBI) over the last

five months. CSl's information has come from the

indoctrination and teachings CS1 has received as a member

of the PPC, from the documents generated by the PPC which

Csl has examined, from conversations CS1 has had with other

members of the PPC and from the things CS1 has done as a

member of the PPC. The following information has been

supplied by CS1 except where explicitly noted:

A. The PPC was founded in approximately 1971 by a group of individuals, including Reymundo Pena, Eugenio Parente and Toni Orendain. The PPC was founded to be a revolutionary communist party whose goal is that of seizing control of the government of the United States through military force. CS1 was told repeatedly, over a period of more than one year, in indoctrination sessions and in conversations with members, that the United States government would be seized, through a coup on February 19, 1984. This incident is scheduled to begin at midnight on February 18, 1984. The coup will include a general strike on both the east and west coasts by unions under the control of the PPC; a national press conference; and agressive military action on a nationwide basis by the military arm of the PPC. (Because of the secretive nature of the PPC and because CS1 is not a member of the military arm of the PPC, CS1 does not know the nature of the military action which the PPC contemplates). The party members believe that in less than two days the U.S. government will be under their control.

B. Following the founding of the PPC, a lengthy constitution and a statement of principles were written which defined the organization's structure and intent. CS1 has informed the FBI that the constitution and the statement of principles identify the group as the PPC, USA, and as the Provisional Wing of the Party of Lenin. These documents refer to the ". . . closed, narrow and secret party of Lenin as the vehicle of revolution . . . I1

C. CS1 stated that the party underwent a major change in 1979. prior to 1979, the party was "all talk"

.- with members "sitting around smoking dope in back rooms,i1 with little being accomplished. In 1979, the party shifted from I1defensevf to an "acute offensive1I phase. The new phase banned drugs and sex in order to become more efficient and instituted a ilmilitaryii type discipline. Each member began to operate on the basis of a daily "Battle Plan," in which each cadre member's day is accounted for, in writing, on a 24 hour basis.

D. At present, the PPC is divided into numerous divisions which are referred to as ilfractions.u All of these are open to any full party member (cadre), with the exception of the military fraction, which is considered secret or vlclosed.ll The military fraction is by far the largest with many members of other fractions also holding military assignments. CS1 stated that the Ifmilitary fraction' is paramount since an loarmed coupli to overthrow the U.S. government is the only purpose for the party's existence. Other fractions are used for recruitment, fund-raising and for legitimacy. CS1 states that membership in the military unit appears to be by invitation only, after at least one year as a full cadre member. During the first year, a continuing series of written evaluations are made and a course of regular instruction is undergone. This instruction is through a controlled reading schedule, lectures and ideological orientation.

E. CS1 observed that at least forty to fifty percent of full cadre members, who have been full members for one year, are in the military. Almost all of those who have been full members for two or three years are in the military fraction. Military assignments are frequently considered an extra job, in addition to a

. -.- political or recruiting assignment. For example, a full time ItPolitical Commissar" would probably be a military member.

F. Since the ttmilitary fractiontt is considered secret, military duties, assignments, weapons and techniques are not discussed with members outside of the military. CS1 stated this discipline is fairly rigidly enforced. CS1 described the military as disciplined, and as taking their duties seriously. Uniforms are worn during special events and regular weekly drills take place. CS1 knows very little of these drills, because CS1 is not a member of the military fraction.

G. CS1 states that numerous 'fronttt organizations, mostly unions, are run and controlled from the national office in Brooklyn, New York. These include the National Labor Federation (NLF) (an umbrella organization over the other labor organizations), the Eastern Service Workers Association (ESWA), the Western Service Workers Association (WSWA), the Eastern Farm Workers Association (EFWA) , the California Homemakers Association (CHA), the Northwest Seasonal Workers Association (NWSWA), the Western Mass Labor Action and the Texas Farm Workers Association (TFWA). CS1 indicates that the PPC controls these and other labor organizations through persons who head them who are "cadrett members of the PPC.

H. CS1 has informed the FBI that one of the front organizations that the PPC uses is called Foxfire Realty or Foxfire Breeding and Development Corporation (hereinafter referred to as Foxfire). (The correct name of Foxfire as shown on the certificate of incorporation is Foxfire Enterprises, Inc., see 716, infra). Foxfire owns

-- and operates three buildings at 1107, 1111 and 1115 Carroll Street, Brooklyn, New York. These buildings house different operations controlled by the PPC, including the national office of the party, the law firm of Daniel P. Foster and Associates and a doctor's office. CS1 states that these latter two entities are controlled by the PPC because they are staffed and run by full cadre members.

I. The national office of the PPC is located at 1107 Carroll Street, Apt. 2A, Crown Heights, Brooklyn, New York. All operations, except on the west coast, are run from this location and from the law office in the apartment directly below it. (See fls J, K, M and N, infra). The existence of this office and-its functions are considered secret by the PPC.

J. CSl advised that the military fraction is headquartered at 1107 Carroll Street, Crown Heights, Brooklyn. Records and files of the military fraction are filed in the law office of Daniel Foster (a full cadre member), on the first floor of that building in Apt. 1A. These records and files are concealed in a closet in the reception room of this office and constitute the administrative, personnel and financial records of the military fraction. CS1 states that this area is considered to be an extremely secure place by members of the PPC.

K. CS1 states that the Daniel Foster law office does not contain individual offices for the attorneys. The attorneys work anywhere they can find a place to sit and write. CS1 states that the records of the PPC are found all over the law office. The law office, although doing some outside

---.

l e g a l work, i s used ac t ive ly t o conduct t h e PPC nat ional o f f i c e business.

L. CS1 s t a t e s t h a t the current working f i l e s of t h e PPC are a l so t o be found throughout apartment 2A, 1107 Carrol l S t r ee t , the nat ional o f f i ce . The f i l e s of Foxfire a re t o be found i n t h e "Runkle Room" which is a room i n the middle of the nat ional o f f i c e near t h e kitchen of the apartment.

M. C S 1 s t a t e d t h a t Gino (Eugenia) Paren t i is the leader of the PPC. Paren t i a l so uses the name Victor Ramos i n connection with h i s work f o r t h e PPC. CS1 has examined photographs of J e r i W i l l i a m Doeden (see lis 13, 14 and 15, i n f r a ) and has i den t i f i ed Doeden as t h e man CS1 knows a s "Gino Parent i . " CS1 s t a t e s t h a t Gino P a r e n t i t s o f f i c e i s i n t h e f i r s t f loor apartment occupied by Daniel Foster and Associates (Apt. lA, 1107 Carrol l S t r e e t ) . Pa ren t i ' s o f f i c e is the room facing the s t r e e t . I t i s the only p r iva t e o f f i c e i n the whole PPC Carrol l S t r e e t complex. This o f f i ce i s ca l l ed t h e f i e l d command o f f i ce . Parent i usual ly s leeps i n h i s o f f i ce and spends most of h i s time there . A c i t i z e n s band radio base s t a t i o n i s located i n P a r e n t i ' s o f f i c e , a s well a s a large s a f e .

N. The f inanc ia l records of the PPC a re kept usual ly i n two places, i n P a r e n t i t s o f f i c e and a t the opera t ion 's desk i n t h e room j u s t behind the f ron t room of t h e nat ional o f f i ce .

0. CS1 has t o l d the FBI t h a t s ecu r i t y a t the nat ional o f f i c e of the par ty i s extremely r i g i d . A lookout i s posted on a 24 hour ba s i s i n the f ron t bay window of the apartment which houses the nat ional o f f i ce , Apt. 2A, 1107 Carrol l S t r ee t . The lookout ts duty is t o warn the nat ional o f f i c e of

-- the approach of any enemies (i.e., police, FBI, etc.). CS1 has stated that a military officer is assigned as "commanding officer of the day," every day. When the lookout sees something suspicious, the commanding officer of the day is called, by intercom, C.B. radio, or simply shouting. After responding to the lookout window, an alert may be called. This alert may be only an increased level of 81watch,1t in which instance members may act as lookouts from other windows, doors may be locked and military members may go to the roof to obtain a better view of the area. The highest level of alert is called going into "re~eivership.~~ On these occasions, only military members are allowed to exit the room in which they are located and firearms appear very quickly. CS1 stated that alerts are called frequently. CS1 has seen armed members appear in each room, within seconds. Discipline during these periods is very strict.

P. CS1 holds the firm opinion that if law enforcement attempted "a raid," bloodshed would follow. CS1 feels that most, if not all, of the military members, would use their weapons because they believe they are engaged in armed revolution.

Q. CS1 has observed within the last 18 months large numbers of firearms at the national office on a number of occasions. A room referred to at the national office as Itthe cave" houses what CS1 estimates to be over 100 firearms. On one occasion, CS1 observed two or three racks of rifles, which looked like AK-47's and military style M-1 carbines. Additionally, several olive-drab duffel bags in the room contained unknown type firearms. The "cave" is a room in the front of the second floor apartment (Apt. 2A)

-.-

occupied by the national office at 1107 Carroll Street.

R. CS1 has observed large numbers of firearms being removed from the national office on several occasions. CS1 stated that military members have made two or more trips out of the apartment housing the national office carrying two duffel bags of weapons each trip. CS1 believes that the weapons were taken to special events, involving the top party leaders, who are usually guarded by the military fraction.

S. CS1 has stated to agents of the FBI that during the last few months, the party has been working at a fever pitch to prepare for the revolution (February 18-19, 1984). Since CS1 is not a member of the military fraction, CS1 is not aware of the specific plans for military action. CSl is aware, however, that one of the party's major efforts over the last few months has been in the area of fund raising. CS1 has heard that the PPC through one of its legitimate fronts is trying to obtain a $200,000 loan from a suffolk County bank. The party is planning to take this loan and use it to secure a $400,000 loan. Members of the PPC believe that they will have raised $1,700,000 by February 1, 1984 for use in the revolution.

T. CS1 indicates that Polly Mary Gardner is National Commanding Officer of the military fraction and a National Political Commissioner.

U. CS1 states that the PPC is run in a military fashion. Detailed records are kept on almost every aspect of the lives of the members of the PPC. The telephone is rarely used. Orders are sent between the national office in Brooklyn and the regional offices by

.. courier. When members of the PPC travel anywhere, they always are given a cover story to tell if stopped by the authorities.

V. The PPC has a number of "safe houses1' in the New York metropolitan area. CS1 knows of a penthouse apartment and office that are used exclusively for secret party purposes at 145 West 55th Street or 155 West 45th Street. CS1 indicates that this is one of the party's most secret locations. CS1 has slept on occasion at a safe house which is the design studio of Jade Behar-Treves. CS1 states that the studio is listed under Behar-Treves' name in the white pages of the telephone directory. (The Brooklyn telephone book lists Jade Behar-Treves at 354 Gold Street, Brooklyn, telephone number 237-2378. New York Telephone Co. informed agents of the FBI that the telephone with that number is installed in the ground floor premises of 354 Gold Street, Brooklyn, New York.) CS1 states that current PPC records are in use at the Behar-Treves premises and that in a file cabinet marked I1CDR," the PPC stores the cadre systems files.

W. A number of attorneys are cadre of the PPC. Among these are Kathryn (Kit) Decious and Kathy Paolo. CS1 states that Foxfire uses Kathy Paolo's apartment, 195 Adam Street, Apartment 7E, Brooklyn as the address for the corporation. CS1 also believes that some cadre sleep in that apartment. It is also used as the address for the law firms controlled by the PPC.

X. CSl states that the party will hold a televised press conference at the Hyatt Hotel in New Brunswick, New Jersey. CS1 states that during the press conference in order to maximize

13. -- publicity, a PPC member will fire a gun at objects on the walls. CS1 is also aware of a sniper incident, planned to occur at the same time as the press conference. CS1 has learned that a cadre member of the military fraction will fire a rifle or shotgun at a tractor-trailer on a highway near New Brunswick, New Jersey. From conversations which CS1 has overheard between members of the PPC, CS1 believes that these incidents are not the "military actionl1 planned by the PPC to accompany the revolution, but are only devices designed to attract attention to the press conference.

Y. CS1 states that except, for the basement, 1111 Carroll Street houses no PPC establishments. All the apartments in that building are commercially rented by Foxfire. Apt. 1A in 1115 Carroll Street is the doctor's office. The doctor's office is used as a commercial doctor's office during the day. The doctor and staff are cadre members. At night it is used for PPC meetings and briefings, and cadre members sleep there. The only PPC files in the doctor's office of which CS1 knows are the "cadre medical record^.^^ CS1 says that these latter contain little or no medical information and are more like personnel records. The doctor's office also has a C.B. radio. CS1 states that the doctor's office is guarded 24 hours a day.

2. CS1 states that the basements of the three buildings are used actively for party purposes. The PPC has cut a passageway through the basements between the three buildings to connect 1107 through to 1115.

AA. Within the past five days, CS1 has viewed at 1107 Carroll Street the following: In the office of Gino

-- Parent i , C S 1 saw two handgernades with p in s i n Pa ren t i ' s desk and on the f l oo r a l a rge su i tcase containing numerous small s i l v e r colored automatic weapons. On a t a b l e i n the same room, CS1 saw four .357 magnum p i s t o l s . I n a c l o s e t adjacent t o Pa ren t i ' s desk C S 1 saw a r i f l e . CS1 saw a number of boxes of ammunition i n the room. C S 1 s t a t e d t h a t Gino Parent i was carrying two p i s t o l s .

BB. Within t h e p a s t f i v e days C S 1 has observed two o ther persons- a t the nat ional headquarters carrying p i s t o l s . CS1 observed i n a desk drawer i n apartment 2A a t 1107 Carrol l S t r e e t , one small s i l v e r p i s t o l and one p i s t o l with a wooden handle and a long b a r r e l . A duf f le bag propped agains t the wall i n apartment 2A had a r i f l e b a r r e l protruding from i t s top.

CC. During a conversation which C s l had with Gino Parent i within the l a s t f i v e days, Parent i s t a t e d t h a t during the press conference scheduled on February 18, 1984 "we w i l l have a sniper on Route 1" re f e r r i ng t o the inc ident as described i n BX, supra. Parent i a l so s t a t e d t h a t he had never fought i n h i s l i f e and does not know i f he w i l l be a coward bu t added, "We w i l l have t o f i g h t f o r three days.It

DD. C S 1 s t a t e s t h a t the premises of the nat ional o f f i c e , P a r e n t i ' s o f f i ce and the law o f f i c e a r e being used t o C S 1 9 s knowledge from observations within the l a s t f i ve days t o s t o r e records as l a i d out above i n B s J, K, L, N, and U, supra.

2 . On November 10, 1983, agents of t h e FBI

contacted a member of the United S t a t e s Army who w i l l be

re fe r red t o hereaf ter a s CS2. CS1 had t o l d the FBI t h a t

-- CS2 had left the party in 1983 and that the party had been

upset and had tried to locate CS2. CS1 stated that CS2 had

been a member of the military fraction although not an

officer thereof and that CS2 would know something of the

structure and purposes of the PPC.

3 . Initially during the interview with the FBI

agents, CS2 was untruthful refusing to reveal his knowledge

of the PPC. When confronted with the agents1 detailed

knowledge of the PPC, however, reluctantly and grudgingly

provided the following information:

A. CS2 stated that in approximately 1979, CS2 joined the National Labor Federation (NLF) after hearing Gino Parenti speak about it. CS2 learned that the NLF was seeking revolutionary change to occur in the United States through the network of organizations which the NLF had established and that the revolution could come through a variety of means.

B. CS2 stated that the NLF had chosen the date of February 19, 1984 for the revolution to occur. This date was set arbitrarily as far as CS2 knows, and has been the same since CS2 joined the organization. CS2 explained that the NLF believes they could bring about a revolution on this date by starting a nationwide strike by the organizations controlled by the NLF which would cause chaos due to corporations across the country losing workers.

C. CS2 stated that the NLF has its headquarters at 1107-1111-1115 Carroll Street, Brooklyn, New York. On the second floor of the buildings a

-- sentry is kept 24 hours a day to provide security and to report any strange police activity. The sentry keeps notes on any vehicles on the Elock, especially police vehicles, and reports this to Polly Gardner, the military commander.

D. CS2 explained that CS2 was a member for one year before CS2 was asked to join the military section of the group which is actually called t: military fraction by members. CS2 stated that the military fraction provided security at meetings and held military type drills. CS2 stated that after joining the military fraction sometime in 1980-1981, Gino Parenti called him into a room on the second floor of 1107 Carroll Street called the "Cave" and showed him the contents of that room. CS2 stated that approximately one year later he was again in this room. CS2 advised that on both occasions CS2 observed weapons described as follows:

One Thompson submachine gun

One FNFAL (Belgian assault rifle)

Five rifles

One .45 caliber revolver

One .45 caliber automatic

Two .38 caliber revolvers

Assorted handgun ammunition

CS2 described Parenti as holding himself out as a mercenary and that the "Cave' was a room over which Parenti had control.

E. CS2 also stated that the group stored food, clothing, uniforms

17.

-- and auto parts in the basements of 1107, 1111 and 1115 Carroll Street.

4 . Five days after CS2 was interviewed by the

FBI, he deserted from the U.S. Army. He has not been heard

from since. CS1 has not heard that CS2 has had any contact

with the party since CS2's desertion from the Army. Your

deponent believes that CS2 has most likely gone into hiding

from both the FBI and the PPC. Other persons who leave the

PPC show great fear of the party and your deponent has

heard that upon occasion members of the party who want to

leave the party are held against their will at the national

headquarters or other PPC locations (see e.g. paragraphs 9

and 10).

5. In December of 1981, agents of the FBI spoke

to a former member of the PPC who will be referred to as

provided the following information:

A. CS3 became involved with the PPC through association with the Eastern Service Workers Association (ESWA) in Philadelphia. CS3 stated that ESWA portrayed itself as an organization dedicated to helping the poor and needy and to organizing the deprived service workers of the east, i.e., domestics, attendant care workers and 1 anitorial workers.

B. After CS3 had worked at ESWA for several months, one of the managers of ESWA asked if CS3 would like to become more "involved" in the work of ESWA than just helping the needy. CS3 replied that CS3 would like to become more involved. At that point CS3 began

indoctrination into the inner group of ESWA. CS3 attended lectures on Warxist Leninism." At the beginning of these secret meetings, each participant was required to sign a pledge that he would divulge nothing of the meetings to people outside of the members of the inner group. They were also always given a ''cover story1' to give to the authorities if they were stopped on their way to or from meetings. Everyone was cautioned never to break the law and bring police scrutiny upon any individual of.the inner group or upon the inner group itself.

C. CS3 described one of the places at which the inner group met as an expensively-furnished penthouse apartment at 145 W. 55th Street in New York City. At that location, CS3 was asked to be a member of this inner group and accepted. CS3 was then put on one year's probation, during which time older members continued to monitor CS3's activities.

D. CS3 stated that after becoming a member part of CS3's job in Philadelphia was to solicit donations for ESWA. CS3 stated that all expenses of ESWA were paid for out of these donations. ESWA obtained all their donations under the guise of helping the needy, butthe needs of sustaining the "inner groupt1 were taken care of first. Whatever was left over was doled out to the people ESWA professed to be helping.

E. Due to the fact that CS3 was on probation, CS3 did not participate in the daily operations of the inner group. However, CS3 continued attending certain of its secret meetings. The business which was primarily discussed at these meetings concerned improving donations, increasing the size but retaining the

-- selectivity of the inner group, and keeping the knowledge of the existence of the inner group secure. Detailed rpinutes were kept at each meeting, and security hen were placed outside the building when the meetings were taking place.

F. The inner group was extremely secretive about everything having to do with their activities, meetings, and members. They were very security conscious with no telephone conversations between members or other branches of ESWA allowed. On. a daily basis, a courier would take all documents and literature by pouch to Trenton, New Jersey, which appeared to be the headquarters for that area.

G. CS3 had learned of the military aspects of ESWA indirectly. Such plans were never discussed openly in the inner groups. Only the members not serving a probationary term were allowed direct knowledge of the military four-year plan. Through overheard conversations and passing remarks, CS3 learned that members received military training at various areas throughout the east coast and possibly California. With regard to the violent overthrow of the United States government, mention was made of the ESWAts infiltration of unions throughout the eastern seaboard area and that a majority of the support for the revolution will come from ESWA members in these unions. CS3 was very vague on these aspects because CS3 was not privy to inslde information, but CS3 is certain that a military four-year plan for the violent overthrow of the government exists within the inner group of ESWA.

. -- 6. . A confidential source living in California

(hereafter referred to as CS4) has provided the following

information to agents of the FBI:

A. CS4 is familiar with the activities of the California Homemakers Association (CHA) (CSl states that this is one of the original front organizations for the PPC on the West Coast). CS4 states that February 18, 1984 is still I'D-DayB1 for the insurrection and calendars in California regional offices have circled that date signifying its importance.

B. CS4 has stated that although CS4 has seen no weapons at the offices with which CS4 has had contact, members of the group admit that they have arms.

C. CS4 further advised that CHA has installed a new telephone in one of its regional offices, the number known to only a very few individuals. CS4 believes this is a special telephone installed to contact regional headquarters and make other important calls. CS4 has learned from other members that the national office in Brooklyn, New York is aware of the number of this telephone.

D. CS4 advised that the pressure in the CHA is intense as the impending date draws near. CS4 has stated that at CHA only essential systems are still operating, such as those dealing with volunteers and members. CS4 states that the cadre are taking power and ordering people around.

7. In March of 1980, a concerned citizen

(hereinafter referred to as CS8) contacted the FBI in

Sacramento, California with regard to CS8's experiences as

. -- a member of the Western Service Workers Association (WSWA).

CS8 provided the following information:

A. CS8 had joined WSWA in 1978 because of CS8's dissatisfaction with the political/social conditions in this country. Initially, CS8 worked for WSWA at its Sacramento office recruiting new members in deprived neighborhoods and on campuses. Following this, CS8 travelled to the Oakland office of WSWA and engaged in similar work.

B. CS8 stated that WSWA, together with a sister organization, the Domestic Workers Association (both West Coast organizations), are branches of the National Labor Federation (NLF). CS8 estimated that there were probably a total of eight to ten similar front organizations on the West Coast which are branches of the NLF. A parallel organization on the East Coast would be the Eastern Farm Workers Association, headed by an individual by the name of Eugenio Parenti. CS8 also noted that Parenti is also a national coordinator for the NLF.

C. CS8 went on to state that all of these organizations are sub-organizations of the Provisional Wing of the Communist Party of the United States of the Order of Lenin. During CSB1s year and one half in the organization, CS8 became aware of a militant cadre within the NLF which was an armed unit preparing for the revolutionary overthrow of the government. CS8never advanced high enough within the organization to become personally involved with the armed unit, but had been told of the unit by other members of the NLF. CS8 stated that membership within the armed unit of the NLF was an irreversible, life-long membership which could not be

--. voluntarily withdrawn. CS8 stated that this aspect of the membership was stressed by requiring members to pledge life-long support of the organization, which pledge was emphasized by vowing total abstinence from sex if allowed to join the unit.

8. During November of 1983, a citizen witness

and five-year resident of the Carroll and Bedford Street

area of Brooklyn (hereinafter referred to as CS5) informed

members of the FBI of the following information:

A. CS5 stated that several months after moving into the neighborhood, CS5 was disturbed by noise of the group at the 1107 to 1115 Carroll Street apartments. CS5 stated that during the night and into the early morning hours, members of the group would walk out of 1107 Carroll Street and enter 1115. After a while this stopped. CS5 believes that now there are passageways between the basements of 1107, 1111 and 1115 Carroll Street. CS5 states that CS5 learned that none of the basements of 1107, 1111 and 1115 Carroll Street are available for access by the tenants of the buildings.

B. Approximately one or two years ago, CS5 went to Gino Parenti's office in 1107 Carroll Street. Parenti had described himself to CS5 as the "head super" at the apartments. In the office, CS5 saw a cardboard box filled with handguns and holsters. (In February of 1984, CS5 was shown a photograph of Jeri William Doeden as the man CS5 knew as "Gino Parenti . I 1 )

C. CS5 had occasion to speak to a person who lived in one of the apartments in the buildings that Parenti's group occupies. This person

-.-

was no t a member of t h e group. According t o t h i s person, a youth named Jose Molina, l i v i n g a t 1115 Carrol l S t r ee t , had pigeon coops on t h e roof of h e building. One day while he was up on the roof, two members of Parent i I s

group ran up onto t h e roof with guns drawn and threatened Molina saying t h a t they believed he was responsible f o r some burg la r ies i n t h e buildings. CS5 fur ther learned t h a t t h e husband of another t enan t i n the buildings was upset by t h i s repor t . The husband confronted D r . S t u a r t Steinman, who works i n t h e doc tor ' s o f f i c e a t 1115 Carrol l S t r e e t and i s a member of Pa ren t i ' s group. The husband spoke t o Steinman about Molina being confronted with a weapon and expressed h i s concern over the same th ing happening t o h i s son s ince t h e basements were t o t a l l y off l i m i t s t o tenants . CS5 learned t h a t the husband s t r e s sed t o Steinman t h a t he d id not want h i s son confronted with a gun i f he happens t o go i n to t h e basement while playing. CSS advised t h a t Steinman reacted by grabbing the ' husband and saying, " I f you o r your wife o r your kid go i n the basement, we w i l l knock the s h i t out of you."

D. Other s trange behavior about Parenti and h i s group t h a t CS5 noticed was t h a t a t n ight , about 10 t o 15 people a r r i v e a t t h e Carrol l S t r e e t locat ion and go i n t o the basements t o perform some kind of work. Once every one t o two months, about 40 t o 50 people come t o Carrol l S t r e e t around 1 0 P.M. These people a r r i v e i n numerous vehic les . CSS advised t h a t these people do no t leave u n t i l around 2:00 A.M. and t h a t sometimes when they leave, they ca r ry out l a rge , bulky items, du f f e l bags o r th ings covered with blankets .

E . CS5 added t h a t the re is a guard standing a t t h e second f l o o r

window of 1107 Carroll Street 24 hours a day and that CS5 was told that this was for the protection of the tenants in the building. CS5 also noticed some of the members using small hand-held radios to talk to each other and also that there is an intercom system between the three buildings that Parenti's group uses.

9. On January 20, 1984, members of the New York

City Police Department (NYCPD) who are members of the Joint

Terrorist Task Force (FBI-NYCPD) spoke to a citizen in the

Carroll Street neighborhood who will be referred to

hereafter as CS6. CS6 related the following information:

A. CS6 stated that CS6 had recently met with Gino Parenti, the self-acknowledged leader of the group located in the buildings 1107-1115 Carroll Street, Brooklyn, New York. CS6 stated that in Parenti's office, CS6 saw a rifle with a clip attachment standing against the wall. CS6 further stated that during the meeting Parenti was wearing a shoulder holster with a gun handle sticking out.

B. CS6 stated that from a report CS6 had received about the group and from watching the personality changes of some of the members of the group when they are in the presence of Gino Parenti, CS6 believes that some of the members of the group living at 1107-1115 Carroll Street are possibly being held there against their will.

C. CS6 stated that a great deal of secrecy always surrounds the activities of the group. The group keeps a 24 hour sentry posted in the window of 1107 Carroll Street. CS6 stated that when CS6 had asked why the sentry was there, members of the group

-- were unable or unwilling to give an explanation.

D. CS6 viewed a photograph of ~ e r i William Doeden (see 7s 13, 14 and 15, infra) and identified Doeden as the man CS6 knew as "Gino Parenti.I1

10. A concerned citizen (hereinafter referred to

as CS7) in November of 1983 reported the following

information to the FBI:

A. CS7 had recently received a telephone call from a female acquaintance. This acquaintance indicated that she was in fear for her life and had been held against her will by the organization to which she belonged. The acquaintance indicated that the organization was the National Labor Federation, 1103 (sic) Carroll Street, Brooklyn, New York and 145 East (sic) 55th Street, New York, New York. The acquaintance stated to CS7 that she had tried to escape about six months ago but was prevented from doing so. She said she was beaten and struck with a gun. The acquaintance indicated that she and another individual were only able to escape at the present time due to the assistance of a lawyer and his wife in New York City.

B. The acquaintance stated that the group was headed by Gin0 Parenti. According to the acquaintance the group owned "4 apartmentst1 at 1103 (sic) Carroll Street, Brooklyn, New York. The group also owned a penthouse apartment at 145 East (sic) 55th Street in which high ranking officials spent some of their time.

C. The acquaintance stated to CS7 that one of the organizations related to the National Labor Federation was the California

-.- Homemakers Association. She indicated that it may have offices in Sacramento, San Diego, and Redding, California.

11. A concerned citizen from Long Island

(hereinafter referred to as CS9) provided the following

information about the experience CS9 had at a meeting of

the National Labor College (NLC) in Brooklyn. (CS1

indicates that the NLC is a front organization for teaching

members of the National Labor Federation (NLF)):

A. The NLC held the meeting which CS9 attended at a church in Brooklyn in October of 1981. Upon arriving at the church, CS9's group was met by uniformed guards wearing fatigues, boots and berets which had red stars embossed upon them. These guards numbered 10 to 15 and were responsible for the security of-the meeting, the security of the primary speakers and the orderly running of the meeting (no one who attended this meeting was allowed to leave the building unescorted or even to go to the restroom without a guard being with them). After opening remarks, the meeting broke down into smaller groups and teachers would rotate from group to group lecturing on a number of leftist topics.

B. Finally, the small groups were disbanded and everyone listened to the main speaker who was enthusiastically received. His name was Chino Parente (ph). Parente expounded upon the topics of U.S. imperialism, the Cold War, the teachings of Lenin and the need to have the American revolution to rectify the corruption of capitalism. He also spoke of communism in the U.S. and how communism in this country could not be

-- modeled after Chinese, Cuban or Russian communism, but structured to fit this country (a type of American Euro-Communism).

C. Parente, when, describing how NLF was masking its real purpose of organizing and beginning the American revolution as well as how the NLF was strengthening itself and training its leaders, made the statement "We will allow leftist opposition representation in NLF as a means to hide our true reasons for beingw, and, "Our cells are under welfare covers so we may strengthen ourselves and train our leaders without interferen~e.'~ CS9 stated that there was nothing more specific said about what form the American revolution would take, armed or peaceful. However, when CS9 asked one of the people that brought her to this meeting since they appeared to be advocating armed violence, were they not afraid of the government's reactions, the woman replied, "We're protected by the aftermath of the reaction to McCarthyism9'.

12. The mother of a member of the PPC provided

the FBI with the following information in 1975 and 1976

(CS1 has identified the daughter described herein as a PPC

cadre member presently holding a high rank in the

organization.):

A. The mother stated that in 1975 her daughter joined the Eastern Service Workers Association (ESWA) and after indoctrination was assigned to live in communal structures throughout the New Jersey area. The daughter told her mother that ESWA was a communist front which was attempting to organize domestic service workers and other militant laborers into a union-like

-.--

organization. The daughter fu r ther t o l d her mother t h a t ESWA had a f i ve year plan f o r the v io l en t overthrow of t h e United S ta tes Government.

B. The daughter a l so t o l d her mother t h a t ESWA had a "Red Guard" o r "Red Amy" element located i n various c i t ies which held weekly paramil i tary drills. The daughter described t h i s army element a s being p a r t of the plan t o overthrow the government. The daughter s t a t e d t h a t ESWA had a network of "safe houseslf.

C. The daughter t o l d her mother i n 1976 t h a t t h e f i v e year plan s t i l l ex i s ted , bu t t h a t she was no longer involved i n t h a t aspect of t h e organizat ion. She admitted t o her mother t h a t being a communist means you have t o break the law.

13. Your deponent has read the repor ts of an

undercover San Francisco pol ice o f f i c e r who met with J e r i

W i l l i a m Doeden, a/k/a Gino Savo during 1970. On February

25, 1970, t h e undercover o f f i c e r met with a man who

iden t i f i ed himself a s Gino Savo i n the L i t t l e Red

Bookstore, 3191 Mission S t r e e t , San Francisco. (The

o f f i c e r l a t e r examined a photograph of Doeden and

iden t i f i ed "Gina SavoaV as Doeden.) Doeden t r i e d t o r e c r u i t

the undercover o f f i c e r i n t o h i s revolutionary group.

Doeden t o l d t h e o f f i c e r t h a t h i s group would be engaged i n

warfare with the U . S . Government within 30 t o 60 days.

Doeden t o l d the o f f i c e r t h a t h i s group would use g u e r r i l l a

warfare t a c t i c s s t r i k i n g a t pol ice s t a t i o n s and power

29. ..?.

plants. The officer saw one gun and parts of another

present in the bookstore where he met Doeden. Doeden told

the officer that his organization is made up of 10-man

squads who are highly trained and proficient in the use of

automatic weapons and terrorist tactics. Doeden accepted

the officer into the group and gave him a red star which

all the members of Doeden's group wore to signify their

membership.

14. During the period 1969 through 1972, a

confidential source (hereinafter referred to as CS10)

provided FBI agents in California with information

concerning a man named Jeri William Doeden. FBI files

reveal that ~ e r i William Doeden has used the aliases of

Eugenio Parenti and Victor Ramos among others. Significant

portions of the information which CSlO provided were

corroborated from other sources. CSlO provided the

following information:

A. In January of 1970, CSlO met with Jeri William Doeden in "Stage One, Your Little Red Bookstore", 3191 Mission Street, San Francisco, California. In the backrooms of the bookstore, CSlO noted three rifles with loaded clips nearby and three handguns. All the weapons were in working order. Doeden told the source that he planned to recruit his own guerrilla band for the revolutionary takeover of Northern California. Doeden spoke about training a group of 18 men for the burning of a United States camp in Redding California. Doeden stated that

shortly he planned to publish a document which described Liberation Army Revolutionary Organization (LARGO) as a revolutionary guerrilla force that will take over Northern California. (Doeden did mail the LARGO documents declaring a state of revolution in Northern California to officials in Northern California in mid-March, 1970. No revolution took place.)

B. On November 8, 1970, CSlO met with Doeden and six followers in Chico, California. At the meeting Doeden and his followers travelled to an open field in the area and took target practice with the weapons which the group (LARGO) had. These weapons were four .30 caliber carbines, one 30.06 rifle, three British 303 rifles, one 9mm Browning pistol, one .45 caliber pistol and a 12 guage pump shotgun.

C. On December 10, 1970. CSlO met with Doeden and four of his followers to discuss Doeden's plans for future revolutionary activity. Doeden stated that he had small organized groups in each of a number of California Towns, including 30 armed activists who were ready to go. The first steps in Doeden's p.lans were to kidnap the Alameda County Sheriff and an unnamed Berkeley official. At the same time, a large explosive charge would be placed in the new San Francisco Bank of America Building. After warning officials of this, Doeden then planned to attack the San Francisco Hall of Justice with mortar fire (Doeden had shown CSlO a mortar on a previous occasion) and burn or bomb the University of California Radiological Laboratory and Atomic Reactor. Doeden further planned to dynamite every dam between Belden and Oroville, California and stated that he had individuals hiding out in a remote area near the dams. Doeden also

. -- planned to capture a radio station and use it to announce the beginning of the revolution. Doedents explained that the point of all this activity was to induce great fear Itamong the establishment.11 Everyone present at the meeting seemed very excited by the Itwar plans. (Although terrorist incidents took place in California after this meeting, none have been tied to Doeden.)

15. On April 3, 1970, the Sutter County

California Sheriff's office reported to the FBI that on

that date deputies had arrested Jeri William Doeden on a

"failure to providet1 warrant. At the time of arrest,

Doeden was in possession of a .38 caliber Smith & Wesson

revolver and a loaded M-1 rifle.

16. Your deponent has examined the New York

State incorporation papers for a corporation named "Foxfire

Enterprises, Inc." The purposes of the corporation are

"dealing with the ownership and management of buildings

acquired by the corporation through the common consent of

its shareholders." The office of the corporation is stated

to be located in Brooklyn. Process can be served on it at

"195 Adams Street, #7E/Brooklyn, New York 11201." Among

those signing the certificate are #'Kit Conelly Decious, 133

Berkely Place/Brooklyn, N.Y. 11217." "Stuart L. Steinman"

and "Kathleen M. Paolo, 195 Adams Street, #7E/Brooklyn,

N.Y. 11201." Employees of the FBI have examined the

records of the Kings County Clerk's Office, Recorder of

*-

Deeds. Documents in that office indicate that Foxfire

Enterprises, Inc. owns the property at 1107, 1111 and 1115

Carroll street, Brooklyn, New York. The deed to the

property was applied for by Kit Cbnelly Decious, secretary

of Foxfire Enterprises, Inc., on March 3, 1982.

17. Agents of the Joint Terrorist Task Force

have examined records of Galaxy Guns, Gazza Boulevard,

Farmingdale, L.I. These records indicate that Kathryn

(Kit) Conelly Decious, 133 Berkeley Place, Brooklyn, New

York purchased two Belgian made military assault rifles

(FNFAL semi-automatic; 308 caliber) from Galaxy Guns in

1981. Rifle (ser. no. 2502651) was purchased on June 26,

1981 plus 500 rounds of ammunition for $1,400.00. Rifle

(ser. no. 2502646) was purchased on July 2, 1981 for

$1,200.00. These rifles can hold clips of 30 or 60 rounds

of ammunition.

18. In 1973, the Suffolk County Police

Department received information that weapons were present

at a residence associated with the Eastern Service Workers

Association (EWSA). On March 6 , 1973, pursuant to a search

warrant, the police searched the residence in Bellport,

L.I. and found two fully-loaded handguns. Suffolk police

records indicate that Mary K. Gardner also known as "Polly

Gardner" was charged with weapons possession stemming from

that search. The search warrant named ''Eugenia Parenti"

-- ("Fiield DirectorM of t h e ESWA), "Polly Gardne:" and another

a s occupying the premises where the guns were found. In

May of 1973, Det. Brown of t h e Suffolk County Pol ice

Department informed FBI agents t h a t t h e informant i n t h e

case had examined a photograph of J e r i W i l l i a m Doeden and

i d e n t i f i e d him as t h e man known a s I1Eugenio Parent i . " D e t .

Brown a l so t o l d the agents t h a t one of t h e weapons se ized

was "regis tered" t o Wesley I i j ima. In January of 1975, ATF

Agent Mark Goldstron informed the FBI t h a t one of t h e

weapons ( t h e .38 c a l i b e r Smith & Wesson revolver) se ized by

t h e Suffolk County Pol ice was o r ig ina l l y owned by Wesley

I i j ima. Goldstron a l so informed the FBI t h a t the Suffolk

County Pol ice informant had learned t h a t Polly Gardner had

been holding t h e two handguns f o r Doeden. On March 12,

1974, FBI agents interviewed Sylvia Marlene I i j ima t h e wife

of Wesley I i j ima . Sylvia I i j ima s t a t e d t h a t she had not

seen Doeden f o r two years (although she had indicated i n a

previous interview with the FBI t h a t she and her husband

had a t one time been c lose ly associated with Doeden and h i s

revolut ionary a c t i v i t i e s -- %ARGO"). She s t a t e d t h a t two

years ago while Doeden was s taying a t her and her husband's

home i n Cal i fornia , t h e i r Smith & Wesson revolver , which

her husband had purchased f o r her i n San Francisco, had

turned up missing. She s t a t e d t h a t she was c e r t a i n t h a t

Doeden s t o l e t h e revolver . She s t a t e d t h a t she and her

. -.-

husband did no t r epo r t t h e t h e f t because she d id not want

t o g e t Doeden i n t rouble .

19. Your deponent has spoken t o the a t torney f o r

Prominence Realty Corp. the owner of t h e apartment bui ld ing

a t 145 West 55th S t r e e t , New York, New York. The a t torney

s t a t e s t h a t D r . Alan M. Berkowitz holds the l ease on

apartment 15A, a duplex, penthouse apartment a t 145 W. 55th

S t r e e t . The a t torney s t a t e s t h a t D r . Berkowitz has not

paid r e n t f o r the apartment i n over two years and t h a t t h e

Prominence Realty Corp. has been conducting various p ieces

of l i t i g a t i o n agains t D r . Berkowitz t o e v i c t him from t h e

premises. The at torney s t a t e s t h a t D r . Berkowitz has n o t

been seen around t h e apartment f o r an extremely long time

and t h a t the apartment is being used by D r . Berkowitz's

inv i tees .

20 . The at torney provided your deponent with a

copy of some of t h e papers f i l e d on behalf of D r . Berkowitz

i n the s u i t s . The firm of Daniel P . Foster, P.C.

represents D r . Berkowitz i n a New York s t a t e ac t ion. K i t

Conelly Decious i n an a f f i d a v i t f i l e d i n t h a t s u i t s t a t e s

t h a t D r . Berkowitz i s her c l i e n t and t h a t she holds power

of at torney f o r him. Decious fu r ther s t a t e s i n t h e

a f f i d a v i t t h a t she and her parents stayed a t t h e penthouse

apartment i n November of 1983 a t the i nv i t a t i on of D r .

Berkowitz. The a f f i d a v i t of K i t Conelly Decious fu r the r

. ..- indica tes t h a t "Dr. Berkowitz has assigned por t ions of h i s

i n t e r e s t t o h i s medical colleagues." I t makes no mention

of any law firm being run from t h e premises. Other l ega l

papers ind ica te t h a t D r . Berkowitz is suing the Prominence

Realty Corp. f o r harrassment t o h i s medical colleagues i n

t h e i r p rac t i ces . These papers make no mention of any law

firm being run from the premises.

21. Your deponent has spoken t o two employees a t

145 W . 55th S t r ee t . On being shown a photograph of Jeri

W i l l i a m Doeden, they both i den t i f i ed him a s being one of

the people who had frequented apartment 15A over the p a s t

few years. One of t h e employees made a s imi la r

i den t i f i c a t i on of a photograph of Tony Orendain. The o ther

i den t i f i ed Reymundo Pena from a photograph as having

frequented the apartment. They both indicated t h a t l a rge

numbers of people came and went from t h e apartment i n

groups a t odd hours. They believed t h a t people "crashedtt

there . They both noted t h a t the people who frequented

apartment 15A were d i f f e r e n t i n demeanor and dress from t h e

other tenants of the building. These employees give no

indicat ion t h a t any law o f f i c e i s prac t i c ing out of t h e

apartment. FBI agents have seen t h e outside of apartment

15A located a t 145 W. 55th S t r ee t . There is no ind ica t ion

on the door of t h e apartment o r on the building d i rec to ry

*-

that a law office is inside apartment 15A. The building

directory only lists Dr. ~erkowitz as residing in Apt. 15A.

22. Agents of the FBI have been conducting

discreet visual surveillance on the 1107-1115 Carroll

Street apartments on an almost continuous basis since

January 24, 1984. During that time, the agents have seen a

guard or sentry posted at all times in the window of

apartment 2A, 1107 Carroll Street, Brooklyn, New York.

Regularly every morning at approximately 3:00 a.m.,

numerous males and females have been seen leaving 1107

Carroll Street and getting in cars. The cars travelled by

different routes to 354 Gold Street, Brooklyn, New York

where they discharged their passengers. The passengers

then enter the entrance for the ground floor studio at 354

Gold Street. Upon occasion one of the cars travelled,

after discharging its passengers, to the vicinity of 195

Adams Street where it was parked. On another occasion,

another of the cars after discharging some passengers at

354 Gold Street also travelled to 145 West 55th Street, New

York City and discharged passengers there.

23. The Joint Terrorist Task Force has given

careful consideration to how and when best to execute this

warrant. A number of factors have a bearing on the

decision. One of the factors is the presence of Medgar

Evers College across the street from the Carroll Street

.- locat ions . I f any shooting occurs from persons i n s ide t h e

Carrol l S t r e e t locat ions , Medgar Evers College would be i n

t h e l i n e of f i r e . Considering t h i s , t h e s a f e s t t i m e f o r

execution of the warrant would be during a time when t h e

col lege is not i n session. Another f ac to r i s the apparent

propensity toward violence of members of the PPC espec i a l l y

i n regard t o protec t ing t h e i r headquarters. (See BlP,

supra.) I n regard t o t h i s , t h e b e s t time f o r execution of

t h e warrant would be when most members a t the apartments

a r e asleep. The members keep unusual hours apparently

going t o bed around 3 A.M. o r sho r t l y t he rea f t e r . S;--=

t h e search of the Carrol l S t r e e t locat ions must be

contemporaneous with searches a t the o ther loca t ions , we

f e e l we need author iza t ion f o r warrants which can be

executed a t any time of day.

24. On February 16, 1984, agents of t h e FBI

served forthwith grand jury subpoenas on Kathryn ( K i t )

Conelly Decious and Daniel Foster t o produce documents

The documents a r e described i n addendum nos. 1 and 2

(copies of the subpoenas served on Decious and Foster ,

which copies a r e attached hereto and incorporated herewith

by reference) .

25. On February 16, 1984, Kathryn ( K i t ) Conelly

Decious and Daniel Foster appeared before the Honorable

Eugene Nickerson, United S ta tes Distr ict Judge, Eastern

~istrict--*of New York, to contest the validity of the

subpoenas. They indicated that they had no knowledge or

awareness of the records requested in paragraphs nos. 1 and

2 in the attachments to the subpoenas. They stated

specifically in response to Judge Nickerson's questions

that they did not have any records which corresponded to

those requested in paragraphs 1 and 2 of the attachments to

the subpoenas. Among other things, Daniel Foster stated to

Judge Nickerson that his principle place of business for

Daniel Foster and Associates was 145 West 55th Street in

New York City.

26. Members of the Joint Terrorist Task Force

have had the Carroll Street locations under constant

surveillance since the subpoenas were served. No one has

exited the premises with a container any larger than a

briefcase during that time.

27. Your deponent has spoken to employees of the

Treasury Department who have searched the National Firearms

Registration and Transfer Record. There is no record of

any firearms registered to any person r # = d in this

affidavit in connection with the PPC. Moreover, there is rrcmkr

no record of any ----'-- of the PPC known to the FBI having a

registered any firearms in the National Firearms

Registration and Transfer Record.

-.-

-REFORE your deponent respectfully prays that

warrants be issued allowing your deponent or any Special

Agents of the Federal Bureau of Investigation, with proper

assistance, at any time of day, to enter the premises known

as described as:

1. THE NATIONAL OFFICE OF THE PROVISIONAL PARTY OF COMMUNISTS, APARTMENT 2A, 1107 CARROLL STREET, BROOKLYN, NEW YORK

2. THE LAW OFFICES OF DANIEL FOSTER AND ASSOCIATES AND THE OFFICE OF GIN0 PARENTI, BOTH OFFICES OCCUPYING THE PREMISES OF AND KNOWN AS APARTMENT 1A, 1107 CARROLL STREET, BROOKLYN, NEW YORK

3. THE DOCTOR'S OFFICE, APARTMENT lA, 1115 CARROLL STREET, BROOKLYN, NEW YORK

4. THE BASEMENTS OF THREE ADJOINING FOUR-STORY APARrnNT BUILDINGS KNOWN AS 1107, 1111 and 1115 CARROLL STREET, BROOKLYN, NEW YORK

5. THE GROUND FLOOR PREMISES (AND ANY AREAS APPURTENANT THERETO) ALSO KNOWN AS THE DESIGN STUDIO OF JADE BEHAR-TREVES, 354 COLD STREET, BROOKLYN, NEW YORK

within the Eastern District of New York and

6. THE PENTHOUSE APARTMENT OF DR. ALAN M. BERKOWITZ KNOWN AS APART- MENT 15A, 145 WEST 55TH STREET, NEW YORK, NEW YORK

within the Southern District of New York and therein to

search for and to seize certain property, namely: weapons

. -.-

(rifles, handguns and machineguns) and other military

equipment including uniforms; explosives and bomb making

equipment; all records of the Provisional Party of

Communists (PPC) relating to the purchase, storage,

location and disposal of weapons, ammunition and

explosives; all books, documents and records outlining the

PPC's plans for an armed insurrection against the lawful

authority of the United States Government; all records

relating to planned terrorist activities; all records of

the "Military Fraction" of the PPC including, but not

limited to, records detailing planned military activities

directed against the lawful authority of the United States

Government, records detailing planned terrorist activities,

records concerning the location of "Military Fraction"

headquarters, records relating to the location of weapons,

ammunition and explosives, records relating to the

purchase, storage and disposal of weapons, ammunition and

explosives, records relating to the identity of those

individuals making up the "Military Fraction1# of the PPC

and records relating to the system of communications among

and between the different locations of the "Military

Fraction" of the PPC; and the books and records of Foxfire

Enterprises, Inc.

-7 / e .P f. H+- NEIL E. HERlrlAN Special Agent Federal Bureau of Investigation Joint Terrorist Task Force

RICT JUM: