United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
Z. Lee, Judge
Anthony Khoshabe (“Khoshabe”), along with Albert
Rossini, Babajan Khoshabe, and Thomas Murphy (collectively,
“Defendants”), have been indicted on multiple
counts of mail and wire fraud. The charges against them arise
out of a purported scheme whereby the Defendants are alleged
to have fraudulently induced various individuals to invest in
nonexistent real estate interests. Khoshabe has moved to
suppress certain statements he made to FBI agents on July 14,
2015, arguing the statements were given involuntarily.
Because the totality of the circumstances indicates that
Khoshabe was induced to make these statements by a false
promise not to prosecute, the motion to suppress  is
the course of investigating the conduct charged in this case,
government agents interviewed Khoshabe on two different
occasions. Def.'s Mot. Suppress 2, ECF No. 181. First,
FBI Special Agent Jody Blau and Special Agent Michael Gorman
of the United States Department of Housing and Urban
Development, Office of Inspector General (HUD-OIG),
interviewed Khoshabe at his home on September 10, 2014.
Id.; see Govt.'s Resp. Opp. Mot.
Suppress, Ex. A, ECF No. 191. According to the report from
this meeting, Khoshabe spoke with the agents about his prior
work as a property manager for Rossini, investments he made
through Rossini, and the recruitment of investors by Rossini
and Babajan Khoshabe, Anthony's father. See
generally Govt.'s Resp., Ex. A.
on July 15, 2015, Special Agent Blau, along with Special
Agent Lyle Evans and Task Force Officer Paul Martinez,
interviewed Khoshabe again. Id., Ex. B. Khoshabe
states that he was “approached by agents . . . outside
of the building in which he lived.” Def.'s Mot.
Suppress at 2. According to the Government, the second
interview “occurred in the lobby of defendant's
condominium building.” Govt.'s Resp. at 3. The
conversation lasted approximately one hour and forty-three
to Khoshabe's present motion are two questions he asked
the agents at the onset of the interview. At approximately
two minutes and forty seconds into the interview, after
answering some initial questions, Khoshabe stops in
midsentence and asks the agents, “Are you guys like,
recording this or something?” Def.'s Reply, Anthony
Khoshabe Ex.-Audio Recording, at 2:40-2:45. One of the agents
laughs and reassures Khoshabe, “No.” Id.
Immediately thereafter, Khoshabe asks:
Khoshabe: [W]ait I'm not gonna get like in trouble or
Evans: No, we're here again. I mean you know from earlier
that a lot of folks have complained about investing with
Evans: Yeah, so that's what we're investigating.
Khoshabe: Okay, cool.
Evans: We're just . . . on a fact[-]finding mission.
Khoshabe: Okay cool.
Govt.'s Resp., Ex. B, at 4:29-5:4. After receiving this
assurance, Khoshabe proceeds to discuss a number of matters
with the ...