United States v. Kamaldoss
| Decision Date | 22 April 2022 |
| Docket Number | 19-CR-543 (ARR) |
| Parties | UNITED STATES OF AMERICA, v. EZHIL SEZHIAN KAMALDOSS, also known as “Kamaldoss Sezhian, ” “Kamal Doss” and “Ezhil Cezhian, ” and VELAUDAPILLAI NAVARATNARAJAH, also known as “Rajah, ” Defendants. |
| Court | U.S. District Court — Eastern District of New York |
Table of Contents
BACKGROUND 1
DISCUSSION 6
A. Because Mr. Kamaldoss was not in custody on April 23, 2019, Mr. Kamaldoss's Fifth Amendment rights were not violated. ................................................................................... 11
B. The April 23, 2019, border search did not violate Mr. Kamaldoss's Fourth Amendment rights. ................................................................................................................ 17
1. Searches of electronic devices at the border. .............................................................. 18
2. The May 2, 2019, and May 11, 2019, searches of forensic copies of Mr. Kamaldoss's electronic devices. ............................................................................................................. 27
A. The August 29, 2018, and January 8, 2019, intercepted packages. ............................ 31
B. The June 14, 2019, and June 24, 2019, searches of forensic copies of Mr. Kamaldoss's electronic devices. ........................................................................................... 36
C. Mr. Kamaldoss's Apple and Yahoo email accounts. .................................................. 39
On April 9, 2021, a grand jury sitting in the Eastern District of New York returned an indictment charging defendants, Ezhil Sezhian Kamaldoss and Velaudapillai Navaratnarajah, with conspiracy to distribute and possess with intent to distribute several Schedule IV controlled substances (Tramadol, Alprazolam, and Carisoprodol) in violation of 21 U.S.C. §§ 846 and 841(b)(2); attempted distribution and possession with intent to distribute one or more of these substances in violation of 21 U.S.C. § 841(b)(2); distribution and possession with intent to distribute the same substances in violation of 21 U.S.C. § 841(b)(2); and conspiracy to launder money in violation of 18 U.S.C. § 1956(h).[1] Superseding Indictment, ECF No. 119. These charges relate to an alleged transnational scheme, the investigation of which began in early 2018 and was carried out by several United States agencies, including the Food and Drug Administration (“FDA”) and the Department of Homeland Security, Homeland Security Investigations (“HSI”). See Gov't's Mem. Law in Opp'n to Defs.' Mots. to Suppress Evid. 2 (“Gov't Opp'n”), ECF No. 166.
Defendants now move to suppress various pieces of evidence. See generally Def. Kamaldoss's Mem. of Law in Supp. of Pre-Trial Mots. (“Kamaldoss Mot.”), ECF No. 159; Def. Navaratnarajah's Mem. of Law in Supp. of Pre-Trial Mots. (“Navaratnarajah Mot.”), ECF No. 163. Mr. Kamaldoss also moves to dismiss his underlying and superseding indictments on the grounds that the FDA, which led the investigation, lacked statutory authority to pursue this matter. See Kamaldoss Mot. 36. For the reasons that follow, defendants' motions are denied in their entirety.
In early 2018, the FDA and other agencies began investigating a transnational scheme involving shipments of misbranded prescription drugs from distributors abroad to individuals and entities in the United States. Gov't Opp'n 2. Once in the United States, the products-including Tramadol and Alprazolam, a Schedule IV synthetic opioid and a Schedule IV benzodiazepine, respectively-were repackaged by the recipient individuals and entities and mailed to domestic customers. Id.
On or about March 21, 2018, Special Agent Patrick Connor, an undercover agent with the FDA, received an unsolicited text message from an individual who later identified himself as “James Wills.” Kamaldoss Mot. 2; Gov't Opp'n 2. Mr. Wills said he was from an online pharmacy and offered to sell Agent Connor medications, including 100 milligram pills of Tramadol. Kamaldoss Mot. 2-3; Gov't Opp'n 2-3. Over the course of their text exchanges, Agent Connor ascertained that Mr. Wills was willing to sell thousands of Tramadol pills in bulk shipment. Gov't Opp'n 3. Between March and July 2018, Agent Connor and other law enforcement agents conducted a series of controlled buys from Mr. Wills. Id.; Kamaldoss Mot. 3. For example, on or around March 21, 2018, Mr. Wills agreed to sell undercover agents pills of Tramadol and Alprazolam, of which the agents took custody on or about April 16, 2018. Compl. ¶¶ 6-9, ECF No. 2; Gov't Opp'n 3 ( that Xanax is a brand name of Alprazolam).
In the course of investigating the origin of these drugs, law enforcement agents interviewed two confidential informants in or about July 2018; these informants relayed that Mr. Kamaldoss and Mr. Navaratnarajah owned a company, Hosea Express, that was importing millions of unapproved medications from India through a facility at John F. Kennedy International Airport (“JFK Airport”) and mailing the medications to individuals throughout the United States. Kamaldoss Mot. 4; Gov't Opp'n 3. The informants pointed agents to a warehouse in Queens, New York, which they alleged was Hosea Express's base of operations. Kamaldoss Mot. 4; Gov't Opp'n 3. Beginning in July 2018 and continuing through about August 2019, agents surveilled this warehouse, using methods including pole cameras. Gov't Opp'n 3; Navaratnarajah Mot. 3. During their surveillance, agents observed defendants and others on the warehouse's loading ramp. Gov't Opp'n 3. Agents also regularly observed individuals unloading boxes from trucks and loading packages into other vehicles; these packages were then driven to various locations, including a post office in Fresh Meadows, Queens. Id. After speaking with employees at the Fresh Meadows post office, agents learned that Mr. Kamaldoss went there almost daily, regularly mailed hundreds of United States Postal Service (“USPS”) Priority Mail flat rate envelopes to addresses across the country, and always paid in cash. Id. at 3-4. The government later learned that Mr. Navaratnarajah routinely mailed a large number of packages at this post office as well. Id.; Navaratnarajah Mot. 3.
On August 29, 2018, Special Agent Connor and a postal inspector observed Mr. Kamaldoss mail eighty-eight packages at the Fresh Meadows post office. Kamaldoss Mot. 5. The postal inspector proceeded to detain five of the packages, which bore the same sender name and return address as those listed on the packages Agent Connor purchased from Mr. Wills: “Andrew Fistel, 124-10 Metropolitan Aenue [sic] suite #3.” Id. Pursuant to a warrant obtained the following day, the packages were searched and revealed to contain Tramadol and Alprazolam. Id.; Gov't Opp'n 4.
On January 8, 2019, after observing Mr. Navaratnarajah mail several USPS Priority Mail flat rate envelopes at the Fresh Meadows post office, agents coordinated with postal inspectors to detain four of the mailed packages. Navaratnarajah Mot. 5; Gov't Opp'n 4. The packages-which also bore the name and return address of Andrew Fistel, see Gov't Opp'n 34-were brought to the United States Postal Inspection Service in Brooklyn, where they remained until January 23, 2019, when agents obtained a warrant to search them. Navaratnarajah Mot. 5. The packages were also found to contain Tramadol. Gov't Opp'n 4.
During the course of this investigation, Mr. Kamaldoss, a resident and native of India, traveled to the United States on several occasions. Kamaldoss Mot. 6. Mr. Kamaldoss always entered the United States by way of JFK Airport-once on June 7, 2018, again on April 23, 2019, and finally on August 15, 2019. See id. 3-4, 6-9, 11-14; Gov't Opp'n 4, 5-7. According to Mr. Kamaldoss, during each of his entries, he was brought by border agents to a secondary inspection area where he was detained and subjected to a search of his electronic devices, Kamaldoss Mot. 34, 6-9, 11-14; according to the government, neither Mr. Kamaldoss nor his electronic devices were searched during Mr. Kamaldoss's June 7, 2018, entry into the United States, Gov't Opp'n 5-7.
Of relevance to Mr. Kamaldoss's motions, following the April 23, 2019, border search and based in part on electronic evidence viewed during that search, the government obtained a series of search warrants: one to re-search a copy of the electronic material taken from Mr. Kamaldoss's devices during the April 23 search; one to search materials related to his Apple iCloud account; and two to search email communications associated with Mr. Kamaldoss's two Yahoo email addresses. Kamaldoss Mot. 8-11.
Mr Kamaldoss was arrested on September 12, 2019. Id. at 14. Mr. Navaratnarajah was arrested on February 1, 2020. Navaratnarajah Mot. 5. On April 9, 2021, a grand jury in this district returned a superseding indictment charging both defendants with various counts related to conspiracy and attempt to distribute controlled substances and...
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