1 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

DJG/2003R00490

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA : Hon.

v. : Criminal No.

PRAGNESH DESAI and : Title 18, United States

VIPUL PATEL Code, Sections: 1341,

1343, 1958(a),

2261(a)(2), 2261(b)(1), &

I N D I C T M E N T

The Grand Jury in and for the District of New Jersey,

sitting at Newark, charges:

COUNT ONE

(Conspiracy to Commit Murder for Hire)

The Defendants and Victim

1. At all times relevant to this Indictment:

a. Defendant PRAGNESH DESAI was an American citizen

and a resident of Palisades Park, New Jersey.

b. Leona Swiderski was an American citizen and a

resident of Palisades Park, New Jersey and the fiancee of

defendant PRAGNESH DESAI.

c. Defendant VIPUL PATEL was an Indian citizen and a

resident of Baroda, Gujarat State, India.

d. F.I.P., a coconspirator not named as a defendant

herein (hereinafter “Coconspirator-1"), was an Indian citizen and

a resident of Baroda, Gujarat State, India.

e. A.P., a coconspirator not named as a defendant

herein (hereinafter “Coconspirator-2"), was an Indian citizen and

a resident of Baroda, Gujarat State, India.

The Conspiracy

2. From on or about January 4, 2003, through on or

about February 9, 2003, in Bergen County, in the District of New

Jersey and elsewhere, defendants

PRAGNESH DESAI and

VIPUL PATEL

did knowingly and intentionally conspire and agree with one

another and with Coconspirator-1, Coconspirator-2 and others to

travel in and cause another to travel in interstate and foreign

commerce, and use and cause another to use a facility in

interstate and foreign commerce, to wit, the telephone, with

intent that a murder be committed in violation of the laws of the

State of New Jersey and of the United States as consideration for

the receipt of, and as consideration for a promise and agreement

to pay something of pecuniary value, to wit, money, resulting in

the death of Leona Swiderski.

The Object of the Conspiracy

3. It was the object of the conspiracy to murder Leona

Swiderski upon her arrival in India, so that her fiancee

defendant PRAGNESH DESAI could collect on insurance policies that

he had recently caused to be issued on Leona Swiderski’s life.

Means and Methods of the Conspiracy

4. Among the means and methods employed by defendants

PRAGNESH DESAI, VIPUL PATEL and their coconspirators to carry out

the conspiracy and effect the unlawful object set forth above

were those set forth in paragraphs 5 through 22 below.

5. On or about January 7, 2003, while defendant

PRAGNESH DESAI and Leona Swiderski were staying at the home of

R.K., a friend of DESAI, in Baroda, India, defendant PRAGNESH

DESAI met with defendant VIPUL PATEL at R.K.’s house.

6. On or about January 14, 2003, defendant PRAGNESH

DESAI met again with defendant VIPUL PATEL at R.K.’s house in

Baroda, India. At that meeting, DESAI agreed to pay the sum of

30 Lakhs (or approximately 3,000,000 Rupees - the equivalent of

approximately $66,666.00 in United States currency) for Leona

Swiderski to be murdered at a later date.

7. On or about January 28, 2003, defendant PRAGNESH

DESAI placed a telephone call from New Jersey to R.K. in India

and told R.K. to give the sum of 10 Lakhs (or approximately

1,000,000 Rupees) of DESAI’s funds, to an individual as partial

payment for arranging the murder of Leona Swiderski.

8. On or about January 29, 2003, defendant PRAGNESH

DESAI purchased two airline tickets on Air India flight #144 from

Newark Liberty International Airport in Newark, New Jersey to the

Sahar International Airport in Mumbai, India.

9. On or about February 4, 2003, defendant VIPUL PATEL

received a telephone call from Coconspirator-1, during which

PATEL agreed to pay Coconspirator-1 the sum of 6 and ½ Lakhs (or

approximately 650,000 Rupees) for participating in the murder of

Leona Swiderski.

10. On or about February 4, 2003, defendant PRAGNESH

DESAI placed a telephone call from New Jersey to defendant VIPUL

PATEL in India, to advise that he would be bringing Leona

Swiderski back to India on the pretext of purchasing clothes for

their upcoming marriage. DESAI further stated that they would

arrive at the Sahar International Airport in Mumbai, India at

approximately 3:00 a.m. on February 8, 2003.

l1. On or about February 5, 2003, defendant PRAGNESH

DESAI made a reservation from his home in New Jersey, via the

Internet, at the Taj President Hotel in Mumbai, India, for a two-

night stay at the hotel from February 8, 2003 to February 10,

2003.

12. On or about February 6, 2003, defendant VIPUL PATEL

made a telephone call to Coconspirator-2 and asked him to bring

someone with him to a specific location so that the three could

drive together to the Sahar International Airport the following

day.

13. On or about February 7, 2003, defendant PRAGNESH

DESAI and Leona Swiderski traveled together on Air India flight

#144 from Newark Liberty International Airport in Newark, New

Jersey to the Sahar International Airport in Mumbai, India.

14. On or about February 8, 2003, defendant VIPUL PATEL,

Coconspirator-1 and Coconspirator-2 traveled together in a blue

Cielo car with license plate No. DD-03-A-1012 to the Sahar

International Airport in Mumbai, India after which they parked

the vehicle in the airport car park.

15. On or about February 8, 2003, at approximately 3:30

a.m., defendant PRAGNESH DESAI and Leona Swiderski arrived at the

Sahar International Airport in Mumbai, India on Air India flight

#144 where they were met by defendant VIPUL PATEL at the

international arrival gate.

16. On or about February 8, 2003, defendant PRAGNESH

DESAI gave a bundle containing approximately $21,300 in U.S.

currency to defendant VIPUL PATEL as partial payment of the

remaining balance he had agreed to pay for arranging the murder

of Leona Swiderski.

17. On or about February 8, 2003, defendant PRAGNESH

DESAI and Leona Swiderski sat in the back seat of the Cielo car

that was waiting in the Sahar International Airport car park.

18. On or about February 8, 2003, shortly after leaving

the Sahar International parking lot with defendant PRAGNESH

DESAI, Coconspirator-1 pressed a cloth doused with a chemical

over Leona Swiderski’s face, and she was strangled to death in

the back seat of the car.

19. On or about February 8, 2003, defendant VIPUL PATEL

drove around the airport parking lot and dropped defendant

PRAGNESH DESAI off at the Sahar International Airport after which

DESAI removed his luggage from the car.

20. On or about February 8, 2003, defendant PRAGNESH

DESAI returned to the lounge near the international arrival gate,

and subsequently lodged a missing person complaint at the Sahar

International Airport Police Station.

21. On or about February 8, 2003, after Coconspirator-1

removed Leona Swiderski’s diamond ring from her finger, defendant

VIPUL PATEL, Coconspirator-1 and Coconspirator-2 threw Leona

Swiderski’s body from the car into the brush by the side of the

road in a secluded area on the Ahemadabad National Highway near

Vasosa Village, Mahorashtra State, India.

22. On or about February 9, 2003, defendant VIPUL PATEL

removed Leona Swiderski’s luggage and purse from the Cielo car,

and left these items, along with a portion of the 100,000 Rupees

and $21,300 in U.S. currency that he had been paid to murder

Leona Swiderski, at a friend’s house in Baroda, India.

Overt Acts

23. In furtherance of this conspiracy and to effect its

object, the following overt acts, among others, were committed in

the District of New Jersey and elsewhere:

a. On or about January 14, 2003, defendant PRAGNESH

DESAI met with defendant VIPUL PATEL, at which time DESAI agreed

to PATEL the sum of 30 Lakhs to murder Leona Swiderski.

b. On or about January 29, 2003, defendant PRAGNESH

DESAI purchased two airline tickets for Leona Swiderski and

himself for a February 7, 2003 Air India flight from Newark

Liberty International Airport in Newark, New Jersey to the Sahar

International Airport in Mumbai, India.

c. On or about February 5, 2003, defendant PRAGNESH

DESAI placed a telephone call from New Jersey to defendant VIPUL

PATEL in India.

d. On or about February 7, 2003, defendant PRAGNESH

DESAI and Leona Swiderski traveled together from Newark Liberty

International Airport to the Sahar International Airport in

Mumbai, India aboard Air India flight #144.

e. On or about February 8, 2003, defendant VIPUL PATEL,

Coconspirator-1 and Coconspirator-2 drove to the Sahar

International Airport in Mumbai, India and parked the car in the

airport car park.

f. On or about February 8, 2003, defendant PRAGNESH

DESAI and Leona Swiderski arrived at the Sahar International

Airport in Mumbai, India where they were met by defendant VIPUL

PATEL at the international arrival gate.

g. On or about February 8, 2003, shortly after leaving

the Sahar International Airport car park with defendant PRAGNESH

DESAI, Coconspirator-1 pressed a cloth doused with a chemical

over Leona Swiderski’s face, and she was strangled to death in

the back seat of the car.

In violation of Title 18, United States Code, Section

1958(a).

COUNT TWO

(Murder for Hire)

1. Paragraphs 1 and 3 through 23 of Count One are

hereby realleged and incorporated as though fully set forth

herein.

2. From on or about January 4, 2003, through on or

about February 9, 2003, in Bergen County, in the District of New

Jersey and elsewhere, defendant

PRAGNESH DESAI and

VIPUL PATEL

knowingly and willfully did travel in and cause another to travel

in interstate and foreign commerce, and use and cause another to

use a facility in interstate and foreign commerce, to wit, the

telephone, with intent that a murder be committed, in violation

of the laws of the State of New Jersey and of the United States,

as consideration for the receipt of, and as consideration for a

promise and agreement to pay something of pecuniary value, to

wit, money, resulting in the death of Leona Swiderski.

In violation of Title 18, United States Code, Sections

1958(a) and 2.

COUNT THREE

(Interstate Domestic Violence)

1. Paragraphs 1 and 3 through 23 of Count One are

hereby realleged and incorporated as though fully set forth

herein.

2. From on or about February 7, 2003, through on or

about February 9, 2003, in the District of New Jersey and

elsewhere, defendant

PRAGNESH DESAI and

VIPUL PATEL

did knowingly and willfully cause Leona Swiderski, DESAI’s

fiancee and intimate partner, to travel in interstate and foreign

commerce from New Jersey to India, by coercion and fraud, and in

the course of, and as a result of such conduct and travel, did

commit a crime of violence against Leona Swiderski, to wit,

murder, resulting in the death of Leona Swiderski.

In violation of Title 18, United States Code, Sections

2261(a)(2), 2261(b)(1) and 2.

COUNTS FOUR THROUGH SIX

(Mail Fraud)

1. Paragraphs 1 and 3 through 23 of Count One are

hereby realleged and incorporated as though fully set forth

herein.

2. From on or about January 18, 2003, through on or

about February 9, 2003, in Bergen County, in the District of New

Jersey and elsewhere, defendant

PRAGNESH DESAI

did knowingly and willfully devise and intend to devise a scheme

and artifice to defraud New York Life Insurance Company and

Banner Life Insurance Company (hereinafter collectively “the

Insurance Companies”), to obtain money and property from the

Insurance Companies by means of material false and fraudulent

pretenses, representations, and promises, which scheme and

artifice was in substance as set forth below.

3. At least as early as on or about January 14, 2003,

defendant PRAGNESH DESAI devised a scheme to have his fiancee

Leona Swiderski murdered while on a visit to India.

4. On or about January 18, 2003, defendant PRAGNESH

DESAI contacted an insurance agent, who was authorized to sell

New York Life Insurance Company policies (hereinafter “the New

York Life Agent”), and inquired about obtaining a $1,000,000 term

life insurance policy on the life of his fiancee, Leona

Swiderski. DESAI falsely represented that Leona Swiderski wished

to purchase the life insurance policy when, as DESAI well knew,

it was he, not Leona Swiderski, who wanted to obtain the life

insurance policy.

5. On or about January 18, 2003, the New York Life

Agent told defendant PRAGNESH DESAI that a $1,000,000 life

insurance policy would require that Leona Swiderski undergo a

complete physical examination. The New York Life Agent also

informed defendant DESAI that a $500,000 policy would, by way of

contrast, require only that blood and urine samples be taken from

Leona Swiderski.

6. On or about January 18, 2003, defendant PRAGNESH

DESAI contacted a second insurance agent, who was authorized to

sell Banner Life insurance policies through an entity called

BISYS Insurance Services, in Harrisburg, Pennsylvania

(hereinafter “the Banner Life Agent”).

7. On or about January 18, 2003, defendant PRAGNESH

DESAI asked the Banner Life Agent about obtaining a $1,000,000

term life insurance policy on the life of his fiancee, Leona

Swiderski. DESAI falsely represented that Leona Swiderski wished

to purchase the life insurance policy, when, as DESAI well

knew,it was he, not Leona Swiderski, who wanted to obtain the

life insurance policy.

8. On or about January 25, 2003, defendant PRAGNESH

DESAI was told by the Banner Life Agent that a $1,000,000 life

insurance policy would require that Leona Swiderski undergo a

complete physical examination. DESAI inquired about obtaining a

$500,000 life insurance policy, and was told by the Banner Life

Agent that a $500,000 life insurance policy would, by way of

contrast, require only that blood and urine samples be taken from

Leona Swiderski.

9. On or about January 25, 2003, defendant PRAGNESH

DESAI caused a $500,000 term life insurance application

(hereinafter the “Banner Life policy application”) to be

completed for Leona Swiderski and submitted to Banner Life

Insurance. DESAI caused himself to be named as the sole

beneficiary on the policy. In completing the Banner Life policy

application, defendant PRAGNESH DESAI caused it to contain false

statements and representations as to material matters, including,

but not limited to: (1) that Leona Swiderski was employed by a 7-

Eleven convenience store as a cashier/supervisor; (2) that she

earned $100,000 a year in that position; (3) that she had not

been treated in any hospital or institution in the past 10 years;

and (4) that she had not traveled in a foreign country.

10. On or about January 25, 2003, defendant PRAGNESH

DESAI wrote a check in the amount of $405 payable to Banner Life

Insurance as payment for the annual premium on the policy and

gave it to the Banner Life Agent.

11. On or about January 29, 2003, defendant PRAGNESH

DESAI caused the Banner Life Agent to mail the Banner Life policy

application from New Jersey to BISYS Insurance Services, in

Harrisburg, Pennsylvania.

12. On or about January 29, 2003, defendant PRAGNESH

DESAI caused a $500,000 term life insurance application to be

completed for Leona Swiderski and submitted to New York Life

Insurance Company (hereinafter the “New York Life policy

application”). DESAI caused himself to be named as the sole

beneficiary on the policy. In completing the New York Life

policy application, defendant PRAGNESH DESAI caused it to contain

false statements and representations as to material matters,

including, but not limited to: (1) that Leona Swiderski was

employed as a manager at a 7-Eleven convenience store in

Palisades Park, New Jersey; (2) that she had held that position

for 2 years; (3) that she earned $52,000 a year in that position;

(4) that she had lived in her present residence for 3 years; (5)

that she had not traveled outside the United States in the past

12 months and did not intend to do so; and (6) that she had not

had surgery in the past 2 years.

13. On or about January 29, 2003, defendant PRAGNESH

DESAI wrote a check in the amount of $425.10 payable to New York

Life Insurance as payment for the premium on the policy and gave

it to the New York Life Agent.

14. On or about January 29, 2003, defendant PRAGNESH

DESAI caused the New York Life Agent to have the completed New

York Life policy application and check for $425.10 mailed to New

York Life Insurance Company in Cleveland, Ohio.

15. On or about January 29, 2003, defendant PRAGNESH

DESAI purchased two round-trip airline tickets from Ben Bow

Travel, Inc. for Air India flight #144, from Newark Liberty

International Airport to the Sahar International Airport in

Mumbai, India on February 7, 2003. DESAI mailed Ben Bow Travel,

Inc. a check in the amount of $5,400 as payment for the tickets.

16. On or about January 30, 2003, defendant PRAGNESH

DESAI caused Ben Bow Travel, Inc. to mail him two round-trip

airline tickets on Air India flight #144 for February 7, 2003.

17. On or about February 4, 2003, defendant PRAGNESH

DESAI caused a medical technician, acting at the behest of New

York Life, to visit the house DESAI shared with Leona Swiderski

and to take the blood and urine samples from her which were

required for the life insurance policy application.

18. On or about February 5, 2003, defendant PRAGNESH

DESAI caused a medical technician, acting at the behest of New

York Life, to mail Leona Swiderski’s blood and urine samples and

a copy of the medical technician’s report to Lab One, in Lenexa,

Kansas.

19. On or about February 5, 2003, defendant PRAGNESH

DESAI caused a medical technician, acting at the behest of New

York Life, to mail a copy of the medical technician’s report to

New York Life in New York, New York.

20. By these means, defendant PRAGNESH DESAI caused New

York Life to issue a $500,000 term life insurance policy on the

life of Leona Swiderski.

21. On or about February 6, 2003, defendant PRAGNESH

DESAI caused a medical technician, acting at the behest of Banner

Life, to visit the house DESAI shared with Leona Swiderski and

take the blood and urine samples from her which were required for

the life insurance policy application.

22. On or about February 6, 2003, defendant PRAGNESH

DESAI caused a medical technician, acting at the behest of Banner

Life, to mail Leona Swiderski’s blood and urine samples and a

copy of the medical technician’s report to Lab One, in Lenexa,

Kansas.

23. On or about February 6, 2003, defendant PRAGNESH

DESAI caused a medical technician, acting at the behest of Banner

Life, to mail a copy of the medical technician’s report to Porta

Medic in Saddlebrook, New Jersey.

24. On or about February 6, 2003, defendant PRAGNESH

DESAI caused Porta Medic, acting at the behest of Banner Life, to

mail a copy of the medical technician’s report to Banner Life in

Rockville, Maryland.

25. By these means, defendant PRAGNESH DESAI caused

Banner Life to issue a $500,000 term life insurance policy on the

life of Leona Swiderski.

26. From on or about January 18, 2003 through on or

about February 9, 2003, in Bergen County, in the District of New

Jersey and elsewhere, defendant

PRAGNESH DESAI,

for the purpose of executing the aforesaid scheme and artifice

and attempting to do so, did knowingly and willfully cause to be

matter, to be sent and delivered by the U.S. Postal Service and

by any private or commercial carrier, according to the directions

thereon, the matters and things set forth below:

Count APPROX. DATE LOCATION/NATURE OF MAILING

4 1/30/03 Envelope sent to PRAGNESH DESAI

in Palisades Park, New Jersey

containing airline tickets for

PRAGNESH DESAI and Leona

Swiderski.

5 2/5/03 Airborne Express envelope sent

to Lab One, in Lenexa, Kansas,

containing Leona Swiderski’s

blood and urine samples and a

copy of a medical technician’s

report.

6 2/6/03 Airborne Express envelope sent

to Lab One, in Lenexa, Kansas,

containing Leona Swiderski’s

blood and urine samples and a

copy of a medical technician’s

report.

In violation of Title 18, United States Code, Sections

1341 and 2.

COUNTS SEVEN AND EIGHT

(Wire Fraud)

1. Paragraphs 1 and 3 through 23 of Count One, and

Paragraphs 3 through 25 of Counts Four through Six, are hereby

alleged and incorporated as though fully set forth herein.

2. From at least on or about January 18, 2003 through

on or about February 9, 2003, in Bergen County, in the District

of New Jersey and elsewhere, defendant

PRAGNESH DESAI

did knowingly and willfully devise and intend to devise a scheme

and artifice to defraud New York Life Insurance Company and

Banner Life Insurance Company (hereinafter collectively “the

Insurance Companies”), and to obtain money and property from the

Insurance Companies, by means of material false and fraudulent

pretenses, representations and promises, which scheme and

artifice was in substance as set forth below.

3. On or about January 23, 2003, defendant PRAGNESH

DESAI contacted the New York Life Agent via telephone and

inquired about obtaining a $1,000,000 term life insurance policy

on the life of his fiancee, Leona Swiderski.

4. On or about January 23, 2003, defendant PRAGNESH

DESAI placed a telephone call to the New York Life Agent in New

York to discuss obtaining a life insurance policy on Leona

Swiderski’s life.

5. On or about January 23, 2003, defendant PRAGNESH

DESAI placed a telephone call to the New York Life Agent in

Connecticut to further discuss obtaining a life insurance policy

on Leona Swiderski’s life.

6. On or about January 28, 2003, defendant PRAGNESH

DESAI placed a telephone call to the New York Life Agent in

Connecticut to set up a meeting with the agent at Bukhara Grill

II, located in New York, New York.

7. On or about January 29, 2003, defendant PRAGNESH

DESAI placed a telephone call to the Banner Life Agent to discuss

obtaining a life insurance policy on Leona Swiderski.

8. On or about January 30, 2003, defendant PRAGNESH

DESAI placed a telephone call to a travel agent with Ben Bow

Travel, Inc., during which he purchased two round-trip airline

tickets from Newark Liberty International Airport to the Sahar

International Airport in Mumbai, India, for February 7, 2003.

9. On or about January 31, 2003, defendant PRAGNESH

DESAI placed a telephone call to the New York Life Agent in New

York, New York.

10. On or about January 31, 2003, defendant PRAGNESH

DESAI placed a telephone call to the New York Life Agent in

Connecticut.

11. On or about February 3, 2003, defendant PRAGNESH

DESAI placed a telephone call to the New York Life Agent in

Connecticut.

12. On or about February 3, 2003, defendant PRAGNESH

DESAI placed a second telephone call to the New York Life Agent

in Connecticut.

13. From on or about January 18, 2003, through on or

about February 9, 2003, in Bergen County, in the District of New

Jersey and elsewhere, defendant

PRAGNESH DESAI,

for the purpose of executing the aforesaid scheme and artifice

and attempting to do so, did knowingly and willfully transmit and

cause to be transmitted by means of wire, radio, and television

communication, to wit, the telephone, in interstate and foreign

commerce, writings, signs, signals, pictures and sounds, in that

he caused the following telephone calls to be made:

Count APPROX. DATE TELEPHONE CALL FROM/TO

7 1/23/03 PRAGNESH DESAI in New Jersey to

New York Life Agent in New York

8 1/31/03 PRAGNESH DESAI in New Jersey to

New York Life Agent in

Connecticut

In violation of Title 18, United States Code, Sections

1343 and 2.

A TRUE BILL

FOREPERSON

CHRISTOPHER J. CHRISTIE

UNITED STATES ATTORNEY