Tsarnaev Indictment Continued….. (2 of 2)

NOTICE OF SPECIAL FINDINGS

155. The Grand Jury realleges and incorporates by reference the general allegations in paragraphs 1 through 10 as well as the allegations in Counts One through Ten and Twelve through Eighteen of this Indictment as if fully set forth herein. The Grand Jury further alleges that the defendant, DZHOKHAR A. TSARNAEV, with respect to the Counts specified after each allegation:

a. was 18 years of age or older at the time of the offense (18 U.S.C. § 3591(a)(2)) (Counts One through Ten and Twelve through Eighteen);

b. intentionally killed Krystle Marie Campbell (18 U.S.C. § 3591(a)(2)(A)) (Counts One, Two, Three, Six, Seven, Eight, Twelve, and Thirteen);

c. intentionally killed Officer Sean Collier (18 U.S.C. § 3591(a)(2)(A)) (Counts One, Six, Sixteen, Seventeen, Eighteen);

d. intentionally killed Lingzi Lu (18 U.S.C. § 3591(a)(2)(A)) (Counts One, Four, Five, Six,Nine, Ten, Fourteen, and Fifteen);

e. intentionally killed Martin Richard (18 U.S.C. § 3591(a)(2)(A)) (Counts One, Four, Five, Six, Nine, Ten, Fourteen, and Fifteen);

f. intentionally inflicted serious bodily injury that resulted in the death of Krystle Marie Campbell (18 U.S.C. § 3591(a)(2)(B)) (Counts One, Two, Three, Six, Seven, Eight, Twelve, and Thirteen);

g. intentionally inflicted serious bodily injury that resulted in the death of Officer Sean Collier (18 U.S.C. § 3591(a)(2)(B)) (Counts One, Six, Sixteen, Seventeen, Eighteen);

h. intentionally inflicted serious bodily injury that resulted in the death of Lingzi Lu (18 U.S.C. § 3591(c)(2)(B)) (Counts One, Four, Five, Six, Nine, Ten, Fourteen, and Fifteen);

i. intentionally inflicted serious bodily injury that resulted in the death of Martin Richard {Counts One, Four, Five, Six, Nine, Ten, Fourteen, and Fifteen);

j. intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and Krystle Marie Campbell died as a direct result of the act (18 U.S.C. § 3591(a)(2)(C)) (Counts One, Two, Three, Six, Seven, Eight, Twelve, and Thirteen);

k. intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and Officer Sean Collier died as a direct result of the act (18 U.S.C. § 3591(a)(2)(C)) (Counts One, Six, Sixteen, Seventeen, Eighteen);

l. intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and Lingzi Lu died as a direct result of the act (18 U.S.C. § 3591(a)(2)(C)) (Counts One, Four, Five, Six, Nine, Ten, Fourteen, and Fifteen);

m. intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and Martin Richard died as a direct result of the act (18 U.S.C. § 3591(a)(2)(C)) (Counts One, Four, Five, Six, Nine, Ten, Fourteen, and Fifteen);

n. intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life, and Krystle Marie Campbell died as a direct result of the act (18 U.S.C. § 3591(a)(2)(D)) (Counts One, Two, Three, Six, Seven, Eight, Twelve, and Thirteen),

o. intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life, and Officer Sean Collier died as a direct result of the act (18 U.S.C. § 3591(a)(2)(D)) (Counts One, Six, Sixteen, Seventeen, Eighteen);

p. intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life, and Lingzi Lu died as a direct result of the act (18 U.S.C. § 3591(a)(2)(D)) (Counts One, Four, Five, Six, Nine, Ten, Fourteen, and Fifteen);

q. intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life, and Martin Richard died as a direct result of the act (18 U.S.C. § 3591(a)(2)(D)) (Counts One, Four, Five, Six, Nine, Ten, Fourteen, and Fifteen);

r. knowingly created a grave risk of death to one or more persons in addition to the victim of the offense in the commission of the offense and in escaping apprehension for the violation of the offense (18 U.S.C. § 3592(c)(5)) (Counts One through Ten and Twelve through Fifteen);

s. committed the offense in an especially heinous, cruel and depraved manner in that it involved serious physical abuse to the victim (18 U.S.C. § 3592(c)(6)) (Counts One through Ten and Twelve through Fifteen);

t. committed the offense after substantial planning and premeditation to cause the death of a person and commit an act of terrorism (18 U.S.C. § 3592(c)(9)) (Counts One through Ten and Twelve through Fifteen);

u. intentionally killed and attempted to kill more than one person in a single criminal episode (18 U.S.C. § 3592(c)(16)) (Counts One through Ten and Twelve through Fifteen).

156. The Grand Jury realleges and incorporates by reference the general allegations in paragraphs 1 through 10 as well as the allegations in Counts One through Ten and Twelve through Eighteen of this Indictment as if fully set forth herein. The Grand Jury further alleges, with respect to the Counts specified after each allegation:

v. The death, and injury resulting in death, of Krystle Marie Campbell occurred during the commission and attempted commission of, and during the immediate flight from the commission of (1) an offense under 18 U.S.C. § 2332a (use of a weapon of mass destruction), and (2) 18 U.S.C. § 844(i) (destruction of property affecting interstate commerce by explosives) (18 U.S.C. § 3592(c)(1)) (Counts One, Two, and Twelve);

w. The death, and injury resulting in death, of Officer Sean Collier occurred during the commission and attempted commission of, and during the immediate flight from the commission of an offense under 18 U.S.C. § 2332a (use of a weapon of mass destruction) (18 U.S.C. § 3592(c)(1)) (Count One);

x. The death, and injury resulting in death, of Lingzi Lu occurred during the commission and attempted commission of, and during the immediate flight from the commission of (1) an offense under 18 U.S.C. § 2332a (use of a weapon of mass destruction), and (2) 18 U.S.C. § 844(i) (destruction of property affecting interstate commerce by explosives) (18 U.S.C. § 3592(c)(1)) (Counts One, Four, and Fourteen)i

y. The death, and injury resulting in death, of Martin Richard occurred during the commission and attempted commission of, and during the immediate flight from the commission of (1) an offense under 18 U.S.C. § 2332a (use of a weapon of mass destruction), and (2) 18 U.S.C. § 844(i) (destruction of property affecting interstate commerce by explosives) (18 U.S.C. §3592(c)(1)) (Counts One, Four and Fourteen); and

z. The victim, Martin Richard, was particularly vulnerable due to youth (18 U.S.C. § 3592(c)(11)) (Counts One, Four, Five, Six, Nine, Ten, Fourteen, and Fifteen).

FORFEITURE ALLEGATION

157. As a result of planning and perpetrating Federal crimes of terrorism against the United States, as defined in 18 U.S.C. §2332b(g)(5) and as alleged in Counts One, Two, Four, Six, Seven, Nine, Eleven, Twelve, Fourteen, Twenty-Three, Twenty-Five, Twenty-Seven, and Twenty-Nine of this Indictment, the defendant, DZHOKHAR A. TSARNAEV, shall forfeit to the United States, pursuant to Title 18, United States Code, Sections 981(a)(1)(G) and Title 28, United States Code, Section 2461:

a. all right, title, and interest in all assets, foreign and domestic;

b. all right, title and interest in all assets, foreign and domestic, acquired and maintained with the intent and for the purpose of supporting, planning, conducting, and concealing a Federal crime of terrorism against the United States, citizens and residents of the United States, and their property; and

c. all right, title and interest in all assets, foreign and domestic, derived from, involved in, and used and intended to be used to commit a Federal crime of terrorism against the United States, citizens and residents of the United States, and their property; including, but not limited to, a sum of money representing the value of the property described above as being subject to forfeiture.

(Title 18, United States Code, Sections 981(a)(1)(G) and 2332b(g)(5) and Title 28, United States Coder Section 2461. )

A TRUE BILL

FOERPERSON OF THE GRAND JURY

WILLIAM D. WEINREB

ALOKE CHAKRAVARTY

NADINE PELLEGRINI

Assistant U.S. Attorneys

DISTRICT OF Massachusetts; June 27, 2013

Returned into the District Court by the Grand Jurors and filed.

DEPUTY CLERK