By Mail Foreign Service
Last updated at 1:56 AM on 17th August 2010
Friday: 'Let me be clear: As a citizen and as President I believe that Muslims have the same right ... to build a place of worship and a community centre on private property in Lower Manhattan'
Saturday: 'I was not commenting and I will not comment on the wisdom of making a decision to put a mosque there'
Read more: http://www.dailymail.co.uk/news/worldnews/article-1303463/Obama-backtracks-Ground-Zero-mosque.html#ixzz0wplmVs5z
{How is that hope and change working for you?}
We do not need mosques to be used as safe houses. I can list
page after page of mosques in the U. S. being used by some very bad people.
Check it out...See below acts against Americans.....!
http://atlasshrugs2000.typepad.com/atlas_shrugs/2010/08/-usa-interactive-terror-
history-map-mosques-court-cases-and-jihadi-activity.html
The mosques and centers listed share one thing in common. It is not that all are
radical, and many have not been involved in criminal activity. Rather, all have
had contact with radical individuals and organizations at some point in the
period covered.
USA v. Carpenter, Cedric, et al.
New Orleans, LA
Abu Sayyaf
In May 2005, two New Orleans men, Cedric Carpenter and Lamont Ranson, were
sentenced for their involvement in a conspiracy to sell false documents to
people they thought were members of Abu Sayyaf, a Philippines-based group that
is designated as a foreign terrorist organization. Carpenter was sentenced to 63
months and Ranson was sentenced to 29 months in prison.
CASE DOCUMENTS
Indictment
Plea Agreement
ICE Press Release
Dar al-Hijrah Mosque
Falls Church, VA
Al Qaeda, Hamas
The Department of Treasury's Enforcement Communications System (TECS) records
note that Dar al-Hijrah "is a mosque operating as a front for Hamas operatives
in U.S.," "is associated with Islamic extremists," "has been under numerous
investigations for financing and proving aid and comfort to bad orgs and
members," has "been linked to numerous individuals linked to terrorism
financing," and "has also been associated with encouraging fraudulent
marriages."[1]
An Imam at this mosque in mid-2001, Anwar al-Awlaki (also mentioned in Rabat
Mosque), is considered an important spiritual advisor for two 9/11 hijackers,
Khalid al-Mihdhar and Nawaf Al-Hazmi.[2] White House Press Secretary Robert
Gibbs said the following of Awlaki on CBS' Face the Nation on May 23, 2010:
"I think Mister Awlaki is – despite telling the world he's a cleric, you see on
videotape that he supports al Qaeda's agenda of murder and violence. In fact, in
recent videotapes, he said he's a member of al Qaeda in the Arabian Peninsula,
who has an agenda just like al Qaeda to strike targets in Yemen, throughout the
world, including here in the United States."[3]
Gibbs added that the U.S. Government is "actively trying to find" Awlaki. [4]
Awlaki has been said to have influenced both the attempted Detroit airplane
bomber and the Fort Hood shooter.[5]
Additionally, Abdulhaleem al-Ashqar served as a board member of the mosque.[6]
Ashqar, who was indicted in August 2004 for allegedly participating in a 15-year
racketeering conspiracy to finance Hamas' activities,[7] organized a 1993
meeting in Philadelphia of US-based Hamas leaders and supporters.[8] Prosecutors
say, "[t]he purpose of the meeting was to determine their course of action in
support of Hamas' opposition to the peace plan and to decide how to conceal
their activities from the scrutiny of the United States government."[9]
Ashqar was acquitted of charges in the Hamas conspiracy but convicted of
contempt and obstruction.[10] He was sentenced to 11 years in prison in November
2007.[11]
Ismail Elbarasse is one of Dar al-Hijrah's founding members.[12] Elbarasse
worked as Hamas leader Musa Abu Marzook's assistant from as early as 1990, and
the two shared a joint bank account.[13] Moreover, in the months before the
Philadelphia meeting in support of Hamas, Elbarasse wired $735,000 to Hamas
operative Mohammad Salah,[14] who was indicted with Ashqar and Marzook in
2004.[15]
In 1998, Elbarasse was jailed with Ashqar for refusing to assist a grand jury
investigation of Hamas' U.S. activities.[16]
Elbarasse was named as an unindicted co-conspirator in two Hamas-support
trials.[17] He was also arrested in August 2004 after his wife, who was sitting
in the passenger seat of Elbarasse's car, was caught videotaping the Chesapeake
Bay Bridge.[18] A search of Elbarasse's home turned up the "Anarchist Cookbook,"
a "Spreadsheet of Trained Pilots, 'Law Enforcement Only,'" and a piece of paper
containing the address of the Norfolk Naval Station.[19] Neither Elbarasse nor
his wife were charged with a crime in that incident.
Extremist Rhetoric
In addition to the legal cases involving these Dar al-Hijrah leaders, extremist
rhetoric has peppered the mosque's sermons and khutbahs. In a speech given by
Imam Shakir El-Sayed at Dar al-Hijrah on January 9, 2009, Imam Shakir condoned
the use of violence in a variety of unfavorable situations for Muslims:
"Islam does not accept peace when its communities are humiliated, when it is
exploited, when it is manipulated, when our rights are taken away, when our
communities are being killed or attached, the blood is being shed, then this is
not time to talk about peace. It will only be time to fight back."[20][emphasis
added]
Imam Shakir specified in his message that the conflict brewing in Palestine is
included in the conditions that permit violence saying that, "in Palestine, in
Gaza there is a war going on, there is no allowance for a Muslim in that region
or in that area to sit still or call for anything other than carrying the
arms.."[21] [emphasis added]
Imam Shakir made similar comments in a sermon at Dar al-Hijrah later that month,
on January 30, 2009. He once again preached violence as the answer to oppression
and injustice saying, "then the only thing left for Muslims is to raise their
hands and to ask Allah to establish justice. Wars do not come to nations every
year once or twice. But they are such so-called natural phenomena, which are in
reality the soldiers of Allah that he send upon communities to wake us up to
remember," that it is "us who wage the war, but it is Allah who is going to
finish it."[22][emphasis added]
Dar al-Hijrah has also hosted Sami Al-Arian, who pleaded guilty in 2006 to
conspiring to provide goods or services to the Palestinian Islamic Jihad
(PIJ).[23] During a speech at Dar al-Hijrah on March 8, 2002, several years
before his guilty plea, Al-Arian defended the Holy Land Foundation (HLF),
Benevolence International Foundation (BIF), and the Global Relief Foundation
(GRF).[24] Al-Arian lamented, "[L]ook at what happened to some of the charitable
organizations … who have been working for years ... trying to establish their
names, trying to work tirelessly ... for many projects around the world."[25] At
the time of Al-Arian's speech, the assets of both BIF and GRF had been frozen by
the Office of Foreign Assets Control (OFAC).[26] HLF, like Al-Arian, would
eventually be convicted for terrorism related support activities; HLF would be
convicted of funneling money to Hamas in November 2008. [27]
In a 1998 khutbah given by Mohammed al-Hanooti, who still speaks at Dar al
Hijrah,[28] several radical statements were made regarding the U.S. strike in
Iraq:
"We have to do everything we can to help the Iraqi people from tyrannies... we
all have to be ready for the jihad with our properties and our souls."[29]
"Allah will rain his curse on the Americans and the British." [30]
"Just like Allah promises us, he will stand in his promise and the curse of
Allah will become true on the Jews. The curse of Allah will become true on the
Americans and the tyrannies."[31]
He also commented on the role of Dar al-Hijrah, saying that the Islamic Center
"will be the greatest example in loyalty, in liberation and [will bring] the
jihad with Allah calls for." [32]
see: USA v. Marzook, Salah, Ashqar
USA v. Holy Land Foundation for Relief and Development, et al.
USA v. Sami Al Arian
--------------------------------------------------------------------------------
[1] TECS Records, ICE 2010FOIA1510000001.
[2] The 9/11 Commission Report, Chapter 7: The Attack Looms, "The Move to San
Diego," p. 218-221.
[3] Transcript of CBS News' Face the Nation, May 23, 2010,
http://www.cbsnews.com/htdocs/pdf/FTN_052310.pdf (accessed May 28, 2010).
[4] Transcript of CBS News' "Face the Nation," May 23, 2010,
http://www.cbsnews.com/htdocs/pdf/FTN_052310.pdf (accessed May 28, 2010).
[5] Transcript of Hearing on the Current and Projected Threats to the U.S.,
House Permanent Select Committee on Intelligence, February 3, 2010.
[6] Caryle Murphy, "In Washington, Muslims and Jews Despair Over Mideast
Violence," The Washington Post, October 13, 2000.
[7] USA v. Marzook, 03 CR 978, "Indictment," (N.D. Tex. August 19, 2004).
[8] Holy Land Foundation for Relief and Development v. Ashcroft, (D.D.C 02-442
GK), Memorandum Opinion, at 22. See also Action Memorandum, Holy Land Foundation
for Relief and Development International Emergency Economic Powers Act, from
Dale Watson, Assistant Director FBI Counterterrorism Division, to Richard
Newcomb, Director of the Office of Foreign Assets Control, US Department of
Treasury, November 5, 2001, at p.9.
[9] USA v. Holy Land Foundation for Relief and Development, "Indictment,"
(N.D.Tex. July 27, 2004).
[10] USA v. Ashqar, 03 CR 978-3, "Judgment," (N.D.Ill. November 21, 2007).
[11] USA v. Ashqar, 03 CR 978-3, "Judgment," (N.D.Ill. November 21, 2007).
[12] Caryle Murphy, "Facing New Realities as Islamic Americans," The Washington
Post, September 12, 2004.
[13] USA v. Marzook, 03 CR 978 "Indictment," (N.D. Tex. August 19, 2004).
[14] Action Memorandum, Holy Land Foundation for Relief and Development
International, Emergency Economic Powers Act. From Dale Watson, Assistant
Director FBI Counterterrorism Division to Richard Newcomb, Director of the
Office of Foreign Assets Control, Department of Treasury, November 5, 2001, pg.
11.
[15] USA v. Marzook, 03 CR 978, "Indictment," (N.D. Tex. August 19, 2004).
[16] Shawn S. Devroude, "Affidavit in Support of a Search Warrant," (E.D.V.A.
August 20, 2004). See also:Benjamin Weiser, "2 Men Jailed Over Refusal to Aid
Inquiry," New York Times, April 18, 1998.
[17] USA v. Marzook, 03 CR 978 "Indictment," (N.D. Tex. August 19, 2004). USA v.
Holy Land Foundation, 3:04-CR-240-G "List of Unindicted Co-conspirators and/or
Joint Venturers," p. 6.
[18] Maryland Transportation Authority Police Department Incident Report,
Complaint #04L010168, August 20, 2004.; U.S. v. Ismail Selim Elbarasse, 02 GJ
369, "Warrant for Arrest," (N.D. Ill. August 20, 2004).
[19] Erich Rich and Jerry Markon, "Va. Man Held as Witness in Case Tied to
Hamas," The Washington Post, August 23, 2004.
[20] Shakir El-Sayed, "Scholars Condemn Gaza Holocaust," Dar al-Hijrah Islamic
Center, Falls Church, Virginia, January 9, 2009.
[21] Shakir El-Sayed, "Scholars Condemn Gaza Holocaust," Dar al-Hijrah Islamic
Center, Falls Church, Virginia, January 9, 2009.
[22] Shakir El-Sayed, "Islamic Thoughts on the Financial Crisis," Dar al-Hijrah
Islamic Center, Falls Church, Virginia, January 30, 2009.
[23] USA v. Al Arian, et al, 03-CR-77, "Plea Agreement," 1563 (M.D. Fl. April
14, 2006).
[24] Sami al-Arian, Solidarity International USA, Dar al-Hijrah Islamic Center,
Falls Church, Virginia, March 8, 2002.
[25] Sami al-Arian, Solidarity International USA, Dar al-Hijrah Islamic Center,
Falls Church, Virginia, March 8, 2002.
[26] "Recent OFAC Actions," Office of Foreign Assets Control, December 14, 2001.
[27] USA. v. Holy Land Foundation for Relief and Development et, al.,
3:04-CR-240-P, "Jury Verdict," (N.D.Tex. November 24, 2008).
[28] Dar Al-Hijrah Newsletter, "Upcoming Activities and Jummah," June 17, 2010.
[29] Mohammed al-Hanooti, "Friday Khutbah," Dar al-Hijra Islamic Center, Falls
Church, Virginia, December 18, 1998.
[30] Mohammed al-Hanooti, "Friday Khutbah," Dar al-Hijra Islamic Center, Falls
Church, Virginia, December 18, 1998.
[31] Mohammed al-Hanooti, "Friday Khutbah," Dar al-Hijra Islamic Center, Falls
Church, Virginia, December 18, 1998.
[32] Mohammed al-Hanooti, "Friday Khutbah," Dar al-Hijra Islamic Center, Falls
Church, Virginia, December 18, 1998.
Islamic Center of Cleveland
Cleveland, OH
Palestinian Islamic Jihad (PIJ), Holy Land Foundation (HLF)
On June 18, 2004, Fawaz Damrah, then imam of the Islamic Center of Cleveland,
was convicted of unlawfully obtaining his United States citizenship through a
false or fraudulent application.[1] Damrah concealed from the INS his membership
in and/or affiliation with: (1) Afghan Refugees Services, Inc., aka Al-Kifah
Refugee Center; (2) Palestinian Islamic Jihad, aka the Islamic Jihad Movement in
Palestine; and (3) Islamic Committee for Palestine (ICP).[2] Damrah was
sentenced to two-months in prison, four months of in home confinement, three
years of supervised release and stripped of his citizenship.[3]
At his mosque, Damrah openly raised money for the Palestinian Islamic Jihad,
telling a 1991 fundraiser that Sami Al-Arian's Islamic Committee for Palestine
(ICP) was "the active arm of the Islamic Jihad Movement in Palestine. We
preferred to call it the 'Islamic Committee for Palestine' for security
reasons.[4] Two years earlier, Damra attended an ICP conference in Chicago,
where he argued "terrorism, and terrorism alone, is the path to liberation" for
Palestinians.[5]
Damrah's close work with Al-Arian led prosecutors to designate him "Unindicted
Co-Conspirator One" in Al-Arian's PIJ support trial.[6]
Other funds raised in the Islamic Center of Cleveland went to the Holy Land
Foundation,[7] which was found guilty, along with five of the organization's
officials, for funneling money to Hamas in November of 2008.[8]
Damrah was also named a possible co-conspirator in the 1993 World Trade Center
bombing trial.[9]
See: US v. Fawaz Damrah
US v. Sami Al Arian
--------------------------------------------------------------------------------
[1] "Ohio Imam Convicted of Lying About Associations with Palestine Islamic
Jihad After ICE/FBI Investigation," ICE Press Release, June 18, 2004,
http://www.ice.gov/text/news/newsrel/articles/061804akron.htm, (accessed July 8,
2004).; Web archive search of www.iccleveland.org lists Fawaz Damrah as the imam
of the mosque on the "About Us" page in both 2003 and 2004; USA v. Al Arian,
03-CR-7, "Transcript of ICP Chicago Rally, September 29, 1991," (M.D. Fl. 2005)-
places Damrah at mosque as early as 1991.
[2] USA v. Fawaz Mohammed Damrah, 03-CR-484, "Indictment," (N.D. Ohio December
16, 2003).
[3] USA v. Fawaz Mohammed Damrah, 04-4216, "Appeal from the United States
District Court for the Northern District of Ohio at Cleveland," (N.D. Ohio
February 1, 2005).
[4] USA v. Fawaz Mohammed Damrah, 04-4216, decision of the Sixth Circuit Court
of Appeals, March 15, 2005.
[5] 1989 ICP Conference, "Palestine, the Intifada and the Horizons of Islamic
Resurgence," Chicago, Ill. December 22, 1989. USA v. Al Arian, et al, 03-CR-77,
Government Exhibit T-449A.
[6] USA v. Al Arian, et al, 03-CR-77, "Superseding Indictment," Overt Act 43(5)
and (7), September 21, 2004.
[7] John Caniglia and Amanda Garrett, "NE Ohio Dollars Flood into Mideast,"
Cleveland Plain Dealer, February 10, 2004.
[8] USA v. Holy Land Foundation for Relief and Development et, al.,
3:04-CR-240-P, "Jury Verdict," (N.D.Tex. November 24, 2008).
[9] USA v. Omar Ahmad Ali Abdel Rahman, et al., 93 CR-181, "List of 173 Possible
Co-Conspirators Submitted by Mary Jo White," (S.D.N.Y. February 2, 1995).
Islamic Center of Springfield
Springfield, MO
Al-Haramain
The Saudi-based Al-Haramain Islamic Foundation stated in its 2000 Form 990 that
its "prayer houses are located in Ashland, Oregon and Springfield, Mo. This is
similar to a church and attendance is open to the public."[1] Property records
show the Islamic Center of Springfield is owned by Al-Haramain.[2] Al-Haramain
in the U.S. is based out of Oregon.[3]
Al-Haramain was jointly designated by the U.S. Treasury and the Kingdom of Saudi
Arabia as a terrorism supporting organization, for its support of al-Qaida, in
March 2002,[4] and its U.S.-based offices subsequently were searched.[5] The
2004 designation of additional Al-Haramain branches obliged UN member states to
"freeze [Al Haramain's] assets and implement other sanctions." [6] In November
2008, an Oregon district court denied Al-Haramain Oregon's chapter's challenge
of its designation as a terrorist organization.[7]
See: US v. Al-Haramain Islamic Foundation, et al.
--------------------------------------------------------------------------------
[1] Al-Haramain Islamic Foundation, Inc, 2000 Form 990 .
[2] Property Records for 2151 E Division St. Springfield, Missouri, Owner:
Al-Haramain Islamic Foundation, http://beacon.schneidercorp.com/Application.aspx
?AppID=328&LayerID=3509&PageTypeID=4&PageID=2306&Q=2139637316&KeyValue=881208307
038
(accessed June 8, 2010).; See also: Islamic Finder, Islamic Center of
Springfield, Missouri, 2151 E Division, Springfield, Missouri,
http://www.islamicfinder.org/getitWorld.php?id=225 (accessed June 8, 2010).
[3] U.S. Department of the Treasury Release, JS-1895, "U.S.-Based Branch of Al
Haramain Foundation Linked to Terror Treasury Designates U.S. Branch, Director,"
September 9, 2004, http://www.ustreas.gov/press/releases/js1895.htm (accessed
June 8, 2010).
[4] Richard Boucher, "U.S. Designation of Additional Al-Haramain Branches and
Former Leader," U.S. Department of State, June 2, 2004.
[5] U.S. Department of Treasury Release JS-1183, "Treasury Announces Actions
Against Al-Haramain," February 19, 2004.
[6] Richard Boucher, "U.S. Designation of Additional Al-Haramain Branches and
Former Leader," U.S. Department of State, June 2, 2004.
[7] Al-Haramain Islamic Foundation, Inc. et al., 07-1155-KI, "Opinion and
Order," (D. Or. November 6, 2008).
Islamic Center of Tucson
Tucson, AZ
Al Qaeda
Between 1985 and 1993 the Islamic Center of Tucson (ICT) is alleged to have
served as the de-facto Al-Qaeda headquarters in the United States.[1] In the mid
1980s, the ICT was the US satellite office of the Mektab Al Khidmat, an
organization considered to be the "precursor to al Qaeda."[2] Several leaders
and attendees of this mosque became Al Qaeda leaders. Among them, former ICT
president and Imam Wael Julaidan became a senior bin Laden advisor[3] and was
named a Specially Designated Global Terrorist (SDGT) because of his work with
Rabita Trust, an Al Qaeda funding source.[4] Wadih el Hage, whom government
officials say acted as Usama bin Laden's secretary, was convicted of conspiracy
to kill U.S. nationals, conspiracy to destroy buildings and property of the
U.S., perjury and murder in May of 2001.[5] El Hage, who regularly attended the
ICT, told a federal grand jury that he heard ICT attendees say that dissident
Muslim leaders "should be killed" as "infidels."[6] Ramzi Yousef, the future
mastermind of the 1993 World Trade Center bombing carried a fake identification
provided by Al Bunyan Islamic Information Centre (AIIC) in Tucson when detained
at an airport in 1992.[7] The post office box number given on their badges for
the Al Bunyan Center was the same as that on the letterhead of ICT's Al Kifah
Refugee Center.[8] Abdullah Azzam, Usama bin Laden's mentor, also spoke at this
mosque.[9] Al Kifah Refugee Center and Mektab al Khidmat, the al-Qaeda linked
organization mentioned above, were named as Specially Designated Terrorist
organizations on September 23, 2001.[10] Al-Kifah Refugee Center was established
as the American-based affiliate of Mekhtab al-Khidemat.[11]
Omar Shahin, who became the mosque's imam in 2000, headed up efforts at the
mosque to collect money for the Holy Land Foundation (HLF) and Global Relief
Foundation (GRF) in 2001.[12] Specifically, Shahin told reporters that the ICT
collected $7,000 for HLF in November of 2001and that he had raised money for HLF
in the past. [13] Shahin served as the imam and as director of the ICT from
2000-2003.[14] HLF and five of its leaders were convicted of funneling money to
Hamas in November 2008. [15] GRF was raided and shut down on December 14,
2001[16] and designated under Executive Order 13224 by the U.S. Treasury on
October 18, 2002 for its ties to Al Qaeda.[17]
See: Islamic Center of Tucson
--------------------------------------------------------------------------------
[1] World Trade Center Properties LLC v. Al Baraka Investment and Development
Corporation, et al., 04-7280 RCC, "Complaint," (S.D.N.Y. September 10, 2004).
[2] "Treasury Department Statement of the Designation of Wa'el Hamza Julidan,"
US Department of the Treasury, Office of Public Affairs, PO-3397, September 6,
2002.
[3] World Trade Center Properties LLC v. Al Baraka Investment and Development
Corporation, et al., 04-7280 RCC, "Complaint," (S.D.N.Y. September 10, 2004);
see also: State of Arizona Annual Report for "Islamic Center, Tucson," June 5,
1991.
[4] "Treasury Department Statement of Designation of Wa'el Hamza Julidan,"
Office of Public Affairs, United States Treasury Department, Document #PO-3397,
September 6, 2002.
[5] USA v. Usama bin Laden, et al., S7R 98 CR 1023, "Opinion and Order,"
(S.D.N.Y. November 2, 2005).
[6] USA v. Usama bin Laden, et al. Testimony of Wadih el Hage, February 15,
2001. P. 790.
[7] USA v. Ramzi Ahmed Yousef, et al. S12 93 CR 180, Government Exhibit
2849-1"Al-Bunyan Information Centre ID Card for Ramzi Yousef," (S.D.N.Y.1997).
[8] USA v. Ramzi Ahmed Yousef, et al. S12 93 CR 180, Government Exhibit
2849-1"Al-Bunyan Information Centre ID Card for Ramzi Yousef," (S.D.N.Y. 1997);
Alkifah Refugee Center, Inc. Letterhead, P.O. Box 44149, Tucson, AZ 85733.
[9] Steve McGonigle, "Mosque in Tucson, home to operatives, denies supporting
jihad," The Dallas Morning News, January 13, 2002.
[10] "Executive Order 13224," U.S. Department of State, December 20, 2002.
[11] USA v. Usama bin Laden, S9 98 CR 1023, "Indictment," (S.D.N.Y. November 4,
1998).
[12] Wichner, David, "Mosque aids group accused of Hamas tie," Arizona Daily
Star, November 18, 2001.; "Imam Omar Shahin's Profile: 2009 Fundraiser Speaker
Bios," EastSideMosque, http://www.eastsidemosque.com/EVENTDETAILS/SPEAKERBIOS/ta
bid/59/EVENTDETAILS/SPEAKERBIOS/tabid/59/Default.aspx#shahin
(accessed June 7, 2010).
[13] Wichner, David, "Mosque aids group accused of Hamas tie," Arizona Daily
Star, November 18, 2001.
[14] "Imam Omar Shahin's Profile: 2009 Fundraiser Speaker Bios," EastSideMosque,
http://www.eastsidemosque.com/EVENTDETAILS/SPEAKERBIOS/tabid/59/EVENTDETAILS/SPE
AKERBIOS/tabid/59/Default.aspx#shahin
(accessed June 7, 2010).
[15] USA. v. Holy Land Foundation for Relief and Development et, al.,
3:04-CR-240-P, "Jury Verdict," (N.D.Tex. November 24, 2008).
[16] Deanna Bellandi, "FBI issues search warrants at two Islamic charities based
in suburban Chicago," Associated Press, December 14, 2001.
[17] Press Release, "Global Relief Foundation," http://www.treas.gov/offices/enf
orcement/key-issues/protecting/charities_execorder_13224-e.shtml#grf
(accessed May 15, 2009).
Read more at: http://www.investigativeproject.org/case/419?overlay=TRUE
Read more at: http://www.investigativeproject.org/case/398?overlay=TRUE
Read more at: http://www.investigativeproject.org/case/412?overlay=TRUE
Read more at: http://www.investigativeproject.org/case/417?overlay=TRUE
http://www.nefafoundation.org/documents-legal-N_Z.html.
•United States v. Sajjad Nasser (Attended Jaish-e-Mohammed training camp):
- ICE Press Release on Deportation (Added 4/9/08) In August 2004, Sajjad Nasser
was deported to Pakistan. In December 2003, a Denver jury convicted Nasser, who
participated in a training camp sponsored by Jaish-e-Mohammed, of possessing
counterfeit immigration documents. He was sentenced to time served.
•United States v. Patrick Nayyar and Conrad Stanisclaus Mulholland (Hezbollah
support):
- Indictment (Added 10/28/09) Federal prosecutors in New York indicted Patrick
Nayyar and Conrad Stanisclaus Mulholland with attempting to provide material
support to Hezbollah. Nayyar was also charged with illegal possession of a
firearm and ammunition. According to the indictment, “During a series of
meetings with a confidential informant working with the FBI, who represented
himself as working for Hizballah, Nayyar and Mulholland agreed to sell guns,
ammunition, vehicles, bulletproof vests, and night vision goggles to the
confidential informant. During these meetings, Nayyar and Mulholland provided
the confidential informant with a handgun, a box of ammunition, and a pick-up
truck, believing that the confidential informant would deliver the items to
Hizballah in Lebanon.”
- DOJ Press Release on Indictment (Added 10/28/09)
•United States v. Ahmadullah Sais Niazi (Lying about ties to AQ, HIG, Taliban):
- Indictment (Added 2/21/09) In February 2009, federal prosecutors in California
indicted Tustin resident Ahmadullah Sais Niazi for lying on his naturalization
and passport documentation about his ties to Al-Qaida, Hezb-e-Islami Gulbuddin,
and/or the Taliban. Niazi's sister is married to Dr. Amin al-Haq, Usama bin
Laden's former security coordinator who was named a Specially Designated Global
Terrorist by the U.S. government in 2001. Niazi visited al-Haq in Pakistan in
2005, but lied to U.S. authorities, insisting he went to Qatar. He was also in
touch with al-Haq's sons.
- Affidavit of FBI Special Agent Thomas J. Ropel III - #1 (Added 2/22/09)
According to this FBI affidavit, an initial raid on Niazi's residence occurred
in June 2008 and agents "seized numerous documents...reflecting multiple cash
transfers...to Pakistan and Afghanistan through the use of a hawala..." Most of
the transactions were handled by H. Qadar Gudus, a Fremont, California hawaladar
who was "convicted of money laundering in connection with the laundering of
narcotics proceeds (heroin sales) through his hawala" and was sentenced to 27
months in jail.
- Affidavit of FBI Special Agent Thomas J. Ropel III - #2 (Added 2/22/09) This
FBI affidavit provides biographical information on Niazi: “Niazi was born in
Kabul, Afghanistan, on or about August 6, 1974. His Afghan Tazkara (official
registration in Kabul, Afghanistan) identifies Niazi as Ahmadullah Khan Sais.
Niazi lived in Peshawar, Pakistan, from approximately October 1991 to December
1995. He attended the Islamic University of Malaysia from approximately December
1995 through November 1998. On or about September 26, 1997, Niazi married
Jamilah Amin in Selangor, Malaysia. Niazi entered the United States on or about
January 16, 1998, on a B-2 visitor’s visa." The document also notes that "Niazi
and his family were upset when" his sister "married Amin ul-Haq because of Amin
ul-Haq's past activities."
•United States v. Bashir Noorzai (Afghan narcotics trafficker; Taliban links):
- Indictment (Added 4/10/08) In January 2005, a New York jury indicted Bashir
Noorzai and charged him with violations of the federal narcotics laws. According
to the indictment, Bashir Noorzai "led an international heroin-trafficking
organization (the 'Noorzai Organization') responsible for manufacturing and
transporting hundreds of kilograms of heroin in Afghanistan and Pakistan. The
Noorzai Organization then arranged for the heroin to be imported into the United
States and other countries and sold for tens of millions of dollars."
- Superseding Indictment (Added 4/10/08) This Superseding Indictment added a
count against Noorzai, charging him with participating in a conspiracy to
distribute and possess with the intent to distribute more than one kilogram of
heroin.
- Affirmation of DEA Special Agent Patrick Hamlette (Added 4/10/08) This
document explains the circumstances under which Noorzai was arrested in New York
City and notes that Noorzai stated "that he came to the United States to speak
to the U.S. Government about drugs and terrorism issues..." Noorzai and the
federal agents discussed the location of various Taliban leaders.
- Government's Memorandum in Opposition to Defendant's Omnibus Motion (Added
4/10/08) This document explains that Noorzai "is the grandson of Haji Juma Khan
Noorzai, the former Chief of the Noorzai Tribe, composed of more than a million
people living throughout Southern and Western Afghanistan and the Baluchistan
Province of Pakistan...In 1982, Noorzai led his own front – called the Front of
Haji Bashar – in the war between Afghanistan and the Soviet Union. The Front of
Haji Bashar led by Noorzai ultimately grew to include 1,000 fighters. Beginning
at the age of 20, Noorzai began handling all of the affairs of the Noorzai
Tribe. In 1996, the Taliban occupied Kabul, and Noorzai agreed to disarm the
Front of Haji Bashar and give the Front’s support to the Taliban. In 2000, after
the death of his father, Noorzai became the Chief of the Noorzai Tribe and its
more than one million members." According to open source reporting, Noorzai's
trip to the U.S. "had been organized by employees of a shadowy and short-lived
security company, Rosetta Research & Consulting LLC, that was seeking to help
the federal government conduct investigative work in foreign countries.
Contractors at the firm had courted Mr. Noorzai, believing at one point that the
warlord had information to offer about Osama bin Laden..." Rosetta Research &
Consulting LLC was reportedly formed by former Treasury Department employee
Michael Patrick Jost. In this filing, prosecutors argued that "Noorzai’s motion
to dismiss the indictment with prejudice must fail because even assuming,
arguendo, that the DEA confidential sources...assured Noorzai that he would not
be arrested when he traveled to the United States, the confidential sources were
not legally authorized to grant such immunity or to make such promises, and
these assurances do not bind the Government to dismiss the indictment."
- Opinion and Order (Added 4/10/08) Rejecting a motion to dismiss the charges, a
judge ruled that "allegations of deceit and government misconduct, which do not
implicate physical abuse of any kind, are insufficient to provide any basis for
refusal to entertain this prosecution on due process grounds." What's more,
"while the Government concedes that promises of non-arrest were made to Mr.
Noorzai, such promises do not entitle Mr. Noorzai to dismissal of the
Superseding Indictment."
- Government's Notice of Intent to Use Defendant's Statements during Proffer
Sessions at Trial (Added 5/3/08) Federal prosecutors in New York have released
statements made by Bashir Noorzai during proffer sessions in which he provided
detailed information about the communication and movement patterns of Taliban
leader Mullah Mohammed Omar. Noorzai has been indicted for running an
international heroin-trafficking organization (the 'Noorzai Organization')
responsible for manufacturing and transporting hundreds of kilograms of heroin
in Afghanistan and Pakistan; some of that heroin was then imported to the U.S.
- DOJ Press Release on Conviction (Added 9/25/08) A jury in New York federal
court has convicted Bashir Noorzai of conspiring to import and distribute heroin
in the United States. According to DOJ, Noorzai was "a former Mujahideen warlord
and strong ally of the Taliban." DOJ explained, "In the mid-1990s, when the
Taliban was ascending to power in Afghanistan, Noorzai used his influence in
Kandahar to assist [Mullah Mohammad] Omar in securing the position of supreme
leader of the Taliban. Noorzai then provided the Taliban with arms, including
AK-47 assault rifles, rocket propelled grenade launchers, and anti-tank weapons,
as well as vehicles and a portion of the proceeds of his narcotics trafficking
activities." Further, "In return for his financial and other support, the
Taliban permitted Noorzai to continue his drug trafficking activities with
impunity."
- DOJ Press Release on Sentencing (Added 4/30/09) In April 2009, Bashir Noorzai
was sentenced to life in prison on heroin importation and distribution
conspiracy charges. DOJ noted that, "In 2001, after the United States began
military operations in Afghanistan, Noorzai, at [Mullah Mohammad] Omar's
request, provided the Taliban with 400 of his own fighters to wage a battle
against Afghanistan's Northern Alliance in Mazar-e-Sharif. In return for his
financial and other support, the Taliban permitted Noorzai to continue his drug
trafficking activities with impunity."
•United States v. Mahmoud Nusier et al. (Terror-linked phone hacking
conspiracy):
- Indictment (Added 6/15/09) Federal prosecutors in New Jersey charged Mahmoud
Nusier, Paul Michael Kwan, and Nancy Gomez, all currently residing in the
Philippines, with conspiracy to commit wire fraud and unauthorized access to
computer systems, as well as other counts. According to DOJ, the three
“allegedly hacked into the telephone systems of large corporations and entities
in the United States and abroad and sold information about the compromised
telephone systems to Pakistani nationals residing in Italy… In conjunction with
the unsealing of the Indictment, Italian law enforcement conducted searches of
approximately 10 locations in four regions of Italy and arrested the financiers
of the hacking activity. Those financiers allegedly used the information to
transmit over 12 million minutes of telephone calls valued at more than $55
million over the hacked networks of victim corporations in the United States
alone.” According to Philippine authorities, Nusier has ties to Al-Qaida.
- DOJ Press Release on Indictment (Added 6/15/09)
•United States v. Mohammad Radwan Obeid (False statements to FBI; jihadist
activity online):
- Indictment (Added 7/28/08) In October 2005, Obeid was indicted in Ohio for
making a false statement to the FBI.
- Plea Agreement (Added 7/28/08) Obeid pled guilty to making a false statement
to the FBI.
- Government Sentencing Memorandum (Added 7/28/08) According to this document,
"The defendant Mohammad Radwan Obeid's outrageously brazen and alarming internet
messages drew the attention of both a Troy, Ohio public librarian and an
off-duty Norfolk, Virginia police officer. Both Ms. Girolamo and Officer Vazquez
were sufficiently shocked by defendant’s actions that each independently
contacted the FBI with their concerns. As a result, the Dayton, Ohio Joint
Terrorism Task Force (JTTF) instituted an investigation that ultimately led to
defendant’s arrest, indictment and conviction. As an out-of-status Jordanian
national, United States immigration officials have ordered the defendant’s
deportation." Further, "the defendant is a 34 year old college graduate. He has
pled guilty to knowingly, willfully and repeatedly providing materially false
statements to FBI agents who were conducting an official investigation into his
possible providing of material support to terrorists. The evidence confirmed
that the defendant held himself out as 'Agent 13' of the so-called Non- Central
Intelligence Agency. He aggressively attempted to recruit various individuals
via the internet into his radical Islamic causes and enterprise. The subjects of
his recruiting efforts spanned the U. S., the Phillippines, Kuwait, Jordan,
Egypt, and Iraq. The Government further presented alarming evidence connecting
the defendant to: the www.alm2sda.net ('The Jihad Den') terrorist website; web
sites describing how to smuggle Mujahideen inside the U.S., and how to construct
H-Bombs; encrypting e-mail messages, constructing ultra secure 16-digit computer
passwords; a domestic terrorist plan described as 'Operation Oklahoma II';
radical groups and philosophies such as Wahabism, Al Qaida, Islamic Salafi
Brothers; sleeper cells; shaving off beards; trafficking in weapons from Mexico;
aiding Muslim brothers in Iraq and Chechnya; deceiving the FBI; and smuggling
handguns undetected on to aircraft."
- Judgment (Added 7/28/08) Obeid was sentenced to 12 months in prison.
•United States v. Mahamud Said Omar (Somali jihad probe):
- Indictment (Added 11/24/09) On August 20, 2009, a federal grand jury returned
a five-count indictment charging Mahamud Said Omar with terrorism offenses.
According to the indictment, from September 2007 through August 2009. According
to DOJ, "Omar, who is a Somali citizen but was granted permanent U.S. resident
status in 1994, conspired with others to provide financial assistance as well as
personnel to terrorists and foreign terrorist organizations. On November 8,
2009, law enforcement authorities in the Netherlands arrested Omar pursuant to a
provisional arrest warrant. The United States has filed its request for
extradition...Omar provided money to young men to travel from Minneapolis to
Somalia to train with and fight for al-Shabaab. Omar also allegedly visited an
al-Shabaab safe-house and provided hundreds of dollars to fund the purchase of
AK-47 rifles for men from Minneapolis. Omar currently is in custody in the
Netherlands."
- DOJ Press Release on Indictment (Added 11/24/09)
•United States v. Jose Padilla et al. (South Florida jihad network):
- Indictment (Hassoun) In a document filed in a Miami court in January 2004,
Palestinian national Adham Amin Hassoun was indicted for being an alien in
possession of a firearm.
- Superseding Indictment (Hassoun) In March 2004, Hassoun was also charged with
making a false statement to a federal agent, for failing to admit he "encouraged
[Mohamed] Youssef to travel to Somalia and Ethiopia, and provided funds for
Youssef to travel to Kosovo for the purpose of fighting in a jihad..." Hassoun
also lied to to an Immigration judge about his involvement with Youssef.
- DOJ Press Release on Superseding Indictment (Hassoun/Youssef/Jayyousi) In
September 2004, Mohamed Youssef and Kifah Jayyousi were indicted for providing
material support to terrorist activities overseas. Youssef is serving a prison
sentence in Egypt for other terrorist activities. The indictment also added
eight additional counts against Hassoun, including unlawful possession of a
firearm and obstruction of immigration court proceedings. DOJ notes that
"Hassoun engaged in recruiting and fundraising to send individuals, including
Youssef and an unnamed, unindicted co-conspirator, to overseas conflicts for the
purposes of fighting jihad and supporting a terrorist agenda. The indictment
alleges that the defendants conspired to and did provide material support to
terrorists for violent jihad in specific locations outside the United States -
all for the purpose of opposing existing governments and civilian factions and
establishing states under strict Islamic law, or Sharia. As part of the
conspiracy, Hassoun allegedly wrote a series of checks over several years - from
1994 to late 2001 - to unindicted co-conspirators and organizations including
the Holy Land Foundation [HLF] and the Global Relief Foundation [GRF], to be
used to support violent jihad." Both HLF and GRF have been named Specially
Designated Global Terrorists.
- Fourth Superseding Indictment (Hassoun/Youssef/Jayyousi) In April 2005,
Hassoun, Mohamed Youssef, and Kifah Jayyousi were indicted for operating and
participating "in a recruiting and fundraising network to send money, physical
assets, and individuals to overseas conflicts for the purposes of fighting
violent jihad and supporting a terrorist agenda."
- White House: Enemy Combatant Designation (Padilla) On June 9, 2002, President
Bush named Jose Padilla, arrested at Chicago's O'Hare airport, an enemy
combatant, asserting that he "is closely associated with al Qaeda."
- Department of Defense Summary of Padilla's Activities According to this
document, Padilla trained with Al-Qaida in Afghanistan, met with senior Al-Qaida
leaders (including Abu Zubaydah, Khalid Sheikh Mohammed, and Mohammed Atef), and
discussed multiple plans for attacks in the U.S. (including detonating a "dirty
bomb" and bombing apartment buildings.)
- Declaration of Michael H. Mobbs: Special Advisor to the Under Secretary of
Defense for Policy Mobbs notes that Padilla's "dirty bomb" plan "allegedly was
still in the initial planning stages, and there was no specific time set for the
operation to occur."
- Declaration of Jeffrey N. Rapp: Director, Joint Intelligence Task Force for
Combating Terrorism Rapp states that Padilla was arrested for murder in 1985; he
was also arrested at other times for cannabis possession, weapons charges, and
assault. He converted to Islam while in prison in Florida in 1995. While
training to blow up apartment buildings in the U.S., Padilla worked closely with
Adnan El Shukrjumah (a.k.a. Jaffar al-Tayyar), whom he "recognized...as someone
he had met in the United States before departing for Egypt." However, the two
did not get along and "the mission was apparently abandoned."
- Declaration of Vice Admiral Lowell E. Jacoby (USN): Director of the Defense
Intelligence Agency Jacoby argues that "any potential sign of counsel
involvement would disrupt our ability to gather intelligence from Padilla."
- White House: Transfer from DOD to DOJ (Padilla) On November 20, 2005, Padilla
was transferred to DOJ custody.
- Superseding Indictment (Hassoun/Youssef/Jayyousi/Padilla/Daher) In November
2005, Padilla and Canadian Kassem Daher, believed to be overseas, were named in
a superseding indictment charging them -- along with Hassoun, Youssef, and
Jayyousi -- with "conspiracy to murder, kidnap and maim individuals overseas,
and providing material support to terrorists as part of a North American
terrorist support cell."
- DOJ Press Release on Superseding Indictment
(Hassoun/Youssef/Jayyousi/Padilla/Daher)
- Padilla's Application for an Al-Qa'ida Training Camp According to DOJ, "on
July 24, 2000, Padilla allegedly filled out a 'Mujahideen Data Form' in
preparation for violent jihad training in Afghanistan."
- DOJ Press Release on Conviction In August 2007, Padilla, Hassoun, and Jayyousi
were convicted of conspiring to murder individuals overseas and providing
material support to terrorists.
- Order Denying Defendants' Motions for New Trial In November 2007, a federal
judge rejected a number of defense motions seeking a new trial.
- Order Denying Defendants' Post-Trial Motions for Judgment of Acquittal In this
November 2007 ruling, a judge denied defense motions for an acquittal.
- Sentencing Memorandum Federal prosecutors argued that Padilla and his
co-defendants should receive life sentences. The document states, "During an
eight-year conspiracy, these men aided mujahideen fighters and organizations
aligned with terrorists, claimed membership in terrorist groups, communicated
with convicted terrorists, and attended terrorist training camps. They did so
knowingly, intentionally and willfully, fully prepared to kill any 'infidels' in
their path."
- DOJ Press Release on Sentencing (Added 1/22/08) In January 2008, a judge
sentenced Padilla to a term of 208 months, Hassoun to 188 months in jail, and
Jayyousi to 152 months in prison.
•United States v. Uzair Paracha (Material support to Al-Qaida):
- DOJ Press Release on Indictment (Added 12/20/07) In August 2003, a federal
grand jury in New York indicted Uzair Paracha, a Pakistani national residing in
the United States, for conspiring to provide material support and resources to
Al-Qaida. Paracha and his father Saifullah conspired with two Al-Qaida members,
Majid Khan and Ammar Al-Baluchi, to "help Khan obtain a travel document that
would have allowed Khan to re-enter the United States to commit a terrorist
act." Khan planned to carry out an attack on gasoline stations.
- DOJ Press Release on Conviction (Added 12/20/07) In November 2005, Paracha was
convicted on all charges in the indictment, including conspiring to provide
material support and resources to Al-Qaida and identification document fraud
committed to facilitate an act of international terrorism. NEFA Senior
Investigator Evan Kohlmann testified as an expert witness in this trial.
- DOJ Press Release on Sentencing (Added 12/20/07) In July 2006, Paracha was
sentenced to 30 years in prison.
- Department of Defense Evidence Summary: Majid Khan (Added 7/29/08) Majid Khan
is currently being held at Guantanamo Bay. According to DOD, "In February and
March 2003, Uzair Paracha (Paracha) posed as the detainee during telephone calls
with the United States Immigration and Naturalization Service, called the
detainee’s bank, and attempted to gather information about the detainee’s
immigration paperwork via the Internet. Paracha also agreed to use the
detainee’s credit card to make it appear that the detainee was in the United
States, when in fact the detainee was in Pakistan. On 29 March 2003, a search of
Uzair Paracha’s bedroom in Brooklyn, New York, revealed a Bank of America visa
check card in the name of the detainee and five different identification cards
for the detainee, including one Maryland drivers license and one social security
card. Uzair Paracha (Paracha) stated he knew from his father the detainee and a
second individual were al Qaida. The detainee and the individual wanted to give
Paracha and his father between 180,000 and 200,000 United States dollars to
invest in their company as a loan. Paracha stated he knew the money was al Qaida
money and that al Qaida wanted to keep the money liquid so they could have it
back at a moments notice. Paracha felt it was implied that he had to perform
tasks for the detainee and the individual on behalf of al Qaida because of the
money being loaned to their business.
•United States v. Christopher Paul (Material support to Al-Qaida):
- Indictment (Added 2/27/08) On April 11, 2007, Christopher Paul (a.k.a.
Abdulmalek Kenyatta), a U.S. citizen, was indicted in Columbus, Ohio and charged
with conspiring to provide material support and resources to terrorists.
Authorities allege he targeted “European tourist resorts where American citizens
are known to vacation” and U.S. government facilities in Europe. Paul allegedly
attended an Al-Qaida training camp in Afghanistan, “provided explosives training
to fellow co-conspirators in Germany” in April 1999, “instructed individuals in
martial arts” at a Columbus mosque, and “conducted hiking, camping, and other
training operations in Burr Oak State Park in…Ohio with several
co-conspirators.” During multiple searches of Paul’s Columbus residence,
authorities found a night vision scope, a laser range finder, binoculars with a
built-in camera, a military survival knife, a crossbow, and “books, literature,
and manuals on how to make explosives...” Futher, searching Paul’s residence,
authorities discovered “a thermal fax containing names, phone numbers, and
contact information for key al Qaeda leadership and associates.” They also found
a postcard from Karim Medhi, who was sentenced to nine years in prison in
October 2006 for planning a terror attack on Reunion Island, a popular tourist
destination in the Indian Ocean.
- DOJ Press Release on Indictment (Added 2/27/08)
- Plea Agreement (Added 6/4/08) In June 2004, Paul pled guilty to conspiring to
use a weapon of mass destruction (explosives) against a U.S. national outisde
the U.S. and against property owned or used by the U.S. outside the U.S.
- Statement of Facts (Added 6/4/08) According to this filing, "from 1993 through
1995 defendant, using various passports and aliases, returned to the Balkans
area in Europe and fought jihad in conflict zones such as Bosnia establishing
further contacts with the radical Islamic fundamentalist movement and creating a
master list of contact numbers for senior al-Qaeda leadership and other radical
Islamic fundamentalists and operatives world-wide."
- DOJ Press Release on Sentencing (Added 3/1/09) U.S. citizen Christopher Paul
was sentenced to 20 years in prison for conspiring to bomb targets in Europe and
the U.S. Paul trained at an Al-Qaida camp in Afghanistan, fought in Afghanistan
and Bosnia, created "a master list of al Qaeda leaders and other Islamic
radicals worldwide," and "conducted training operations in Burr Oak State Park
in Ohio with several members of his local group, replicating terrorist training
he had received in Afghanistan and Bosnia." He also "provided explosives
training to" a terror cell in Germany "knowing that it was planning to use this
training to construct bombs, car bombs, and similar devices to be used against
Americans while they vacationed at foreign tourist resorts. The German terrorist
cell also planned to use bombs against Americans in the United States, and
against U.S. facilities abroad, such as U.S. embassies, diplomatic premises and
military bases in Europe."
- Exhibit: LeT Recruitment (Added 9/09/09) The NEFA Foundation is making
available an exhibit from the case of Christopher Paul, a U.S. citizen sentenced
to 20 years in prison in March 2009 for conspiring to bomb targets in Europe and
the U.S. The document provides notable insight into how overseas recruitment for
training with Lashkar-e-Taiba occurs, as well as a window on one of Paul's top
priorities.
- Mohamedou Ould Salahi v. Obama: Memorandum Order (Added 4/19/10) According to
a newly released federal court ruling in the case of Guantanamo Bay detainee
Mohamedou Ould Salahi, Christopher Paul, a U.S. citizen sentenced to 20 years in
prison in March 2009 for conspiring to bomb targets in Europe and the U.S,
Salahi "sent a fax to...Paul, requesting information about where to send
would-be jihadists" in 1997. Salahi also referred to Paul as a "man of great
respect in Al-Qaida." He had met Paul in Afghanistan in 1992. As the 9/11
Commission Report explains, when three future 9/11 hijackers -- Mohammed Atta,
Ziad Jarrah and Marwan al Shehhi -- as well as 9/11 plotter Ramzi Binalshibh
"expressed interest in going to Chechnya, he told them to contact Abu Musab in
Duisburg, Germany. Abu Musab turned out to be Mohamedou Ould Slahi, a
significant al Qaeda operative who, even then, was well known to U.S. and German
intelligence, though neither government apparently knew he was operating in
Germany in late 1999. When telephoned by Binalshibh and Shehhi, Slahi reportedly
invited these promising recruits to come see him in Duisburg." A federal court
has ordered Salahi released from Guantanamo Bay.
- NEFA Foundation "Target: America" Report "The Columbus Mall Plot"
•United States v. Dean Proffitt et al. (Missouri Commercial Driver's License
scheme):
- Indictment (Added 1/25/08) Prosecutors alleged that "the conspiracy involved
fraudulent testing for commercial driver’s licenses on the part of the South
Central Career Center Truck Driver Training School (SCCC) in West Plains and
Muslim Brothers and Sisters (MBS), a trucking company that operated a truck
driving training school located in Kansas City, for more than 70 Somali and
Bosnian nationals. Proffitt was the superintendent of SCCC..." Co-defendant
Ernest Arnel White, also known as Mustafa, "was the operator of MBS and was
primarily responsible for training individuals seeking a Missouri CDL." As part
of the conspiracy, "White allegedly provided the answers to the written test to
MBS students..."
- DOJ Press Release on Indictment (Added 1/25/08)
- Plea Agreement: Abdiwahab Mohamud Mohamed (Added 1/25/08) Abdiwahab Mohamud
Mohamed, a citizen of Somalia living in Minneapolis, Minnesota, admitted his
involvement in the scheme. According to this document, he "traveled from
Minnesota to Kansas City, Jackson County, Missouri, in July of 2004, to obtain a
Missouri CDL. The defendant who had operated a dump truck in his home country of
Somalia, purchased a tractor trailer and sought to obtain a CDL. The defendant
was directed to White by an acquaintance in Minnesota who informed the defendant
that White’s school would only cost $800, as opposed to the $5,000 for a
legitimate CDL school in Minnesota...The defendant, who had never driven a
tractor trailer prior to traveling to West Plains, drove a tractor-trailer
around the parking lot at SCCC for 10 minutes. Normally the CDL test took two
hours to complete...The defendant also, during the course of the conspiracy,
referred one other person to White’s school to obtain a fraudulent CDL."
•United States v. Nada Nadim Prouty et al. (Former FBI agent and CIA employee;
Talal Chahine's relative):
- Plea Agreement: Prouty In November 2007, Nada Nadim Prouty pled guilty in a
Michigan court "to charges of fraudulently obtaining U.S. citizenship, which she
later used to gain employment at the FBI and CIA; accessing a federal computer
system to unlawfully query information about her relatives and the terrorist
organization Hizballah; and conspiracy to defraud the United States." As DOJ
explains, "in August 2000, Prouty's sister, Elfat El Aouar, entered into a
marriage with Talal Khalil Chahine...In September 2000, Prouty, while employed
as an FBI special agent, used the FBI's computerized Automated Case System
(ACS), without authorization, to query her own name, her sister's name, and that
of her brother-in-law, Talal Khalil Chahine. In addition, on or about June 4,
2003, Prouty accessed the FBI's ACS and obtained information from a national
security investigation into Hizballah that was being conducted by the FBI's
Detroit Field Office. According to court documents, in August 2002, Prouty's
sister, Elfat El Aouar, and her brother-in-law, Talal Khalil Chahine, attended a
fundraising event in Lebanon where the keynote speakers were Chahine himself and
Sheikh Muhammad Hussein Fadlallah. Sheikh Fadlallah had previously been
designated by the U.S. government as a specially designated global terrorist
based upon his status as a leading ideological figure with Hizballah." Chahine
has been indicted on a number of charges, including tax evasion and bribery,
while El Aouar has pled guilty to tax evasion.
- DOJ Press Release on Prouty Guilty Plea According to the indictment of Talal
Chahine, Prouty improperly accessed files in an FBI database that "reference an
identification number for a classified human source...utilized by the FBI's
Detroit Field Office in one or more...investigations concerning...Hizballah..."
- FBI Summary This FBI press release provides a timeline of key events in the
Prouty case.
- Court filing from an overseas probe Prouty was involved in while an FBI agent
This court filing describes an investigation in Rwanda with which Prouty
assisted.
- Sentencing Memorandum on Behalf of Nada Nadim Prouty (Added 5/2/08) This
defense filing his court filing notes that "from the start of her career" as an
FBI agent, "Prouty worked on high-profile, sensitive cases involving terrorist
activity abroad." Those cases include the Pan Am 73 hijacking, the Khobar Towers
bombing, the U.S.S. Cole bombing, the murder of U.S. AID diplomat Lawrence
Foley, and the 2003 Riyadh bombing. Then, she "volunteered to serve in Baghdad,"
while working for the CIA, and remained in harm's way despite being pregnant.
"On a number of occasions, she was trapped outside the safety of the U.S. Green
Zone and was fired on before was exfiltrated to safety."
- Exhibit A: Islamabad Legat Recommendation (Added 5/2/08) Writing to the
Assistant Director in Charge of the Washington Field Office, the FBI's Legal
Attache in Islamabad asserted that Prouty's "performance during several
temporary duty assignments (TDY)...in Islamabad, gave me the confidence to know
that she would be able to handle any situation that she might encounter as
Acting Legal Attache."
- Exhibit B: Louis Freeh Letter (Added 5/2/08) In February 2000, then-FBI
Director Louis Freeh wrote Prouty to thank her for her assistance in connection
with his travel to the UAE. He added that she embodies "the FBI's motto --
Fidelity, Bravery, Integrity -- and the Bureau is fortunate to have an employee
of your caliber."
- Exhibit C: U.S. Attorney's Office Award (Added 5/2/08) The U.S. Attorney's
Office, Eastern District of Virginia, presented Prouty with an "Award for Public
Service" in April 2001.
- Exhibit D: George Tenet Letter (Added 5/2/08) In April 2002, then-CIA Director
George Tenet wrote Prouty to extend his "deep appreciation" for her
"contribution to a joint counterterrorist operation..." Prouty was with the FBI
at the time.
- Exhibit E: U.S. Attorney's Office Award (Added 5/2/08) The U.S. Attorney's
Office, District of Columbia, presented Prouty with a "Certificate of
Appreciation" in May 2004.
- Exhibit F: WFO ADIC Award Recommendation (Added 5/2/08) In January 2002, the
ADIC of the Washington Field Office recommended Prouty for an award in
connection with her involvement in the extraordinary rendition of an Abu Nidal
terrorist who participated in the hijacking of Pan Am Flight 73 in Karachi in
September 1986. Prouty "participated in the actual arrest of the subject
overseas" and "assisted in the subject interview which resulted in admissions of
guilt."
- Exhibit G: SAC Recommendation (Added 5/2/08) SAC James Caruso wrote that
Prouty had "spent over 100 days in Pakistan since August 2000" and "volunteers
readily to assist in TDYs that are very difficult and dangerous."
- Exhibit H: Amman Legat Recommendation (Added 5/2/08) In January 2003, the
Amman Legal Attache wrote the Special Agent in Charge of the Washington Field
Office to commend Prouty for spearheading the investigation into the murder of
Lawrence Foley. According to the letter, Prouty "is an extremely valuable asset
to the FBI."
- Exhibit I: CIA Award (Added 5/2/08) In December 2005, Prouty received an
"Exceptional Performance Award" from the CIA.
- Judgment (Added 5/14/08) Prouty was fined, but avoided jail time.
- Order Revoking Citizenship (Added 5/14/08) Prouty had her citizenship revoked.
- Deportation Order and Order Witholding Removal (Added 5/14/08) Prouty's order
of removal to Lebanon was withheld.
- Elfat El Aouar Plea Agreement: Naturalization Fraud In November 2007, El
Aouar, who is Talal Chahine's husband and Nada Nadim Prouty's sister, pled
guilty to naturalization fraud. As noted above, El Aouar has also pled guilty to
tax evasion.
- Elfat El Aouar Judgment (Added 2/29/08) In February 2008, El Aouar was
sentenced to 90 days in prison for her role in the immigration fraud scheme.
That sentence will run concurrently with her eighteen-month sentence for tax
evasion.
- Elfat El Aouar Citizenship Revocation Order (Added 2/29/08) In February 2008,
a judge stripped El Aouar of her U.S. citizenship.
- DOJ Press Release on Rula Nadim Al Aouar Indictment: Naturalization Fraud In
September 2007, Rula Nadim Al Aouar, a Dearborn Heights doctor, was arrested for
naturalization fraud. According to DOJ, "Dr. Al Aouar, a Lebanese national,
unlawfully and fraudulently procured her United States citizenship by offering
cash to a U.S. citizen to engage in a marriage fraud with her in 1992, and then
engaging in numerous acts of perjury, false representations and forgery in
furtherance of the fraud." Al Aouar, Prouty, and El Aouar are sisters.
- Superseding Information (Samar Khalil Spinelli) According to this document,
"on an unknown date between July 6, 1989 and April 13, 1990," Samar Khalil
Spinelli, who went on to become a Captain in the U.S. Marine Corps, "offered
money to a United States citizen to marry her, expressly for the purpose of
remaining in the United States and evading U.S. immigration laws."
- DOJ Press Release on Spinelli Guilty Plea: Citizenship Fraud and Passport
Fraud In December 2007, DOJ announced that Spinelli pled guilty in Detroit "to
conspiring with former FBI Agent and CIA employee Nada Nadim Prouty and Elfat El
Aouar, the wife of fugitive restauranteur Talal Chahine, to commit citizenship
fraud and passport fraud..." DOJ adds, "on April 13, 1990, Spinelli entered into
a fraudulent marriage with Jean Paul Deladurantaye in St. Clair Shores, Michigan
for the purpose of evading U.S. immigration laws. Spinelli later submitted a
series of false, fraudulent and forged documents and letters to federal
immigration officials to verify the validity of the fraudulent marriage in order
to obtain permanent residency status, and, later, U.S. citizenship, thereby
committing naturalization fraud."
- Plea Agreement: Spinelli
- Judgment: Spinelli (Added 5/14/08) Spinelli was fined, but avoided jail time.
•United States v. Khalid Ouazzani (Material support to Al-Qaida):
- Information (Added 5/21/10) Kansas City, Mo., resident and Moroccan native
Khalid Ouazzani pled guilty in federal court to his role in a conspiracy to
provide material support to Al-Qaida. He also pleaded guilty to bank fraud and
money laundering. Ouazzani, a naturalized U.S. citizen, swore an oath of
allegiance to Al-Qaida in June 2008. He also admitted that he personally
provided more than $23,000 to Al-Qaida and performed other tasks at the request
of and for the benefit of Al-Qaida. Ouazzani had conversations with others about
various ways to support Al-Qaida, including plans for them to fight in
Afghanistan, Iraq, or Somalia.
- DOJ Press Release on Guilty Plea (Added 5/21/10)
- Indictment (Added 5/21/10) He was originally indicted in February 2010 on bank
fraud and money laundering charges.
•United States v. Mohammad Salman Farooq Qureshi (Lying to FBI re: Wadih El Hage
ties):
- Information (Added 4/9/08) Mohammad Salman Farooq Qureshi was charged in
Louisiana in February 2005 for making false statements to the FBI "regarding the
true nature and extent of his involvement with and knowledge of Wadih El Hage,
his associates, and the non-governmental organization Help Africa People/Africa
Help..." El Hage has been convicted for his role in the 1998 Africa Embassy
bombings. And "Help Africa People/Africa Help, was used to provide cover
identities, ostensible employment, and funds for Al Qaeda members involved in
the conspiracy to bomb the U.S. Embassies," according to DOJ.
- Plea Agreement (Added 4/9/08) Qureshi pled guilty to the one-count Bill of
Information in February 2005.
- Judgment (Added 4/9/08) Qureshi was sentenced to 48 months in prison in August
2005.
- DOJ Press Release on Sentencing (Added 4/9/08) According to this document,
Qureshi "was interviewed by agents of the Federal Bureau of Investigation in
1997, 1998, 2000, and 2004 in relation to investigations of federal crimes of
terrorism. During these interviews, Qureshi made false statements to FBI agents
and misrepresented the true nature of his knowledge of Osama bin Ladin, Wadih El
Hage, El Hage's associates, and the non-governmental organization called Help
Africa People." Qureshi admitted giving $30,000 to Wadih El Hage in Nairobi,
Kenya. Additionally, "during Qureshi's sentencing hearing, it was noted that
Fazul Abdullah Mohammed's name is shown as a witness to a contract between
Qureshi and El Hage creating a business relationship to buy and sell tanzanite
gemstones. Fazul Abdullah Mohammed was a member of El Hage's Al Qaeda cell and
remains a fugitive listed on the FBI's Most Wanted Terrorists list."
•United States v. Tahawwur Hussain Rana and David Coleman Headley (Danish
newspaper plot):
- DOJ Press Release on Arrests (Added 10/28/09) Federal prosecutors in Chicago
charged David Coleman Headley and Tahawwur Hussain Rana “for their alleged roles
in conspiracies to provide material support and/or to commit terrorist acts
against overseas targets, including facilities and employees of a Danish
newspaper that published cartoons of the Prophet Mohammed in 2005.” According to
DOJ, “During a search of Headley’s luggage, a memory stick was recovered that
contained approximately 10 short videos of Copenhagen, including video focused
on the Jyllands-Posten building in King’s Square taken both during the day and
night, as well as a nearby Danish military barracks and the exterior and
interior of Copenhagen’s central train station.” Further, “Headley allegedly
reported and attempted to report on his overseas surveillance to other
conspirators”, including “Ilyas Kashmiri, identified as the operational chief of
the Azad Kashmir section of Harakat-ul Jihad Islami (HUJI), a Pakistani-based
terrorist organization with links to al Qaeda” and a Lashkar-e-Taiba member “who
has substantial influence and responsibility within the organization.”
- Complaint: Tahawwur Hussain Rana (Added 10/28/09)
- Amended Complaint: Tahawwur Hussain Rana (Added 11/02/09) DOJ filed an amended
complaint charging Rana with providing material support to terrorism.
- Complaint: David Coleman Headley (Added 10/28/09)
- Government’s Memorandum In Support Of Motion For Detention Pending Trial
(Added 11/04/09) In a new court filing, prosecutors alleged that David Coleman
Headley and Tahawwur Hussain Rana, charged for their alleged roles in a plot
targeting "facilities and employees of a Danish newspaper that published
cartoons of the Prophet Mohammed," "discussed...other targets, including the
National Defense College in India..." Moreover, in late 2008, Rana and the
"individual identified in the complaint affidavit as Individual B, who is
affiliated with Lashkar e Taiba, had discussed a 'loophole' to get individuals
into the United States under false pretenses."
- Information: Headley (Added 12/08/09) Federal authorities in Chicago filed new
charges against U.S. citizen David Headley alleging that he “conducted extensive
surveillance of targets in Mumbai for more than two years preceding the November
2008 terrorist attack on India’s largest city that killed approximately 170
people, including six Americans, and injured hundreds more.” DOJ revealed that
“after learning from members of Lashkar in late 2005 that he would be traveling
to India to perform surveillance for Lashkar, Headley changed his name from
Daood Gilani on Feb. 15, 2006, in Philadelphia, in order to present himself in
India as an American who was neither Muslim nor Pakistani. He later made five
extended trips to Mumbai — in September 2006, February and September 2007, and
April and July 2008 — each time taking pictures and making videotapes of various
targets, including those attacked in November 2008.” Further, “After each trip
that Headley took to India between September 2006 and July 2008, he allegedly
returned to Pakistan, met with other co-conspirators and provided them with
photographs, videos and oral descriptions of various locations. In March 2008,
Headley and his co-conspirators discussed potential landing sites for a team of
attackers who would arrive by sea in Mumbai, and he was instructed to take boat
trips in and around the Mumbai harbor and take surveillance video, which he did
during his visit to India starting in April 2008, the charges allege. At various
times, Headley allegedly conducted surveillance of other locations in Mumbai and
elsewhere in India of facilities and locations that were not attacked in
November 2008, including the National Defense College in Delhi, India.” Headley
is cooperating in the ongoing investigation.
- Complaint: Abdur Rehman Hashim Syed (Added 12/08/09) In December 2009, Abdur
Rehman Hashim Syed (Abdur Rehman), a retired major in the Pakistani military,
was charged with conspiracy in planning to attack the facilities of the
Morgenavisen Jyllands-Posten, a Danish newspaper, and two of its employees. In
2005, the newspaper published cartoons depicting the Prophet Mohammed, to which
many Muslims took great offense. He allegedly participated in the “coordinated
surveillance of the intended targets, and facilitated communications regarding
the surveillance and planning with a member of Lashkar and Kashmiri.”
- DOJ Press Release on New Charges (Added 12/08/09)
- Government's Third Memorandum in Support of Motion for Detention Pending Trial
(Added 12/15/09) Although indicted Denmark attack plotter Tahawwur Hussain Rana
has "gone so far as to claim...that his beliefs are akin to those of Gandhi", he
allegedly had advance knowledge of the November 2008 Mumbai attacks carried out
by Lashkar-e-Taiba. According to a newly filed DOJ document, "On September 7,
2009, [David] Headley and Rana took a long car ride and discussed several
topics. This conversation was recorded...It is clear from the conversation and
extrinsic corroboration that Rana was told just days before the Mumbai attacks
that the attacks were about to happen. Elsewhere in the conversation, Rana asked
Headley to pass Rana’s compliments directly to the specific Lashkar e Tayyiba
member they both knew who had coordinated the attacks." Moreover, "in the
September 7, 2009 conversation, Headley discussed four targets with Rana --
Somnath (a temple in India), Denmark, Bollywood (a reference to the Indian film
industry) and Shiv Sena (a political party in India with roots in Hindu
nationalism)."
- Superseding Indictment (Added 1/15/10) In a newly filed superseding
indictment, federal prosecutors in Chicago charged Tahawwur Hussain Rana, 49, a
Canadian citizen, Chicago resident, and native of Pakistan, with involvement in
the November 2008 terrorist attacks in Mumbai, India, that killed approximately
164 people, including six Americans. David Headley had already been charged for
his role in the plot. According to DOJ, "In approximately June 2006, Headley
allegedly traveled to Chicago, advised Rana of his assignment to scout potential
targets in India, and obtained approval from Rana, who owned First World
Immigration Services in Chicago and elsewhere, to open a First World office in
Mumbai as cover for his activities. Rana allegedly directed an individual
associated with First World to prepare documents supporting Headley’s cover
story of opening a First World office in Mumbai, and advised Headley how to
obtain a visa for travel to India. Headley misrepresented his birth name, his
father’s true name and the purpose of his travel in his visa application, the
indictment alleges." Additionally, Ilyas Kashmiri, an allegedly influential
terrorist organization leader in Pakistan who is alleged to be in regular
contact with leaders of al Qaeda, and Abdur Rehman Hashim Syed (Abdur Rehman), a
retired major in the Pakistani military, were charged in two conspiracy counts
relating to a planned terrorist attack against a Danish newspaper.
- DOJ Press Release on Superseding Indictment (Added 1/15/10)
- Plea Agreement: Headley (Added 3/22/10) DOJ announced that David Coleman
Headley, a U.S. citizen of partial Pakistani descent, pled guilty in a Chicago
court "to a dozen federal terrorism charges, admitting that he participated in
planning the November 2008 terrorist attacks in Mumbai, India, as well as later
planning to attack a Danish newspaper....Headley admitted that he attended
training camps in Pakistan operated by Lashkar e Tayyiba, a designated foreign
terrorist organization, on five separate occasions between 2002 and 2005. In
late 2005, Headley received instructions from three members of Lashkar to travel
to India to conduct surveillance, which he did five times leading up to the
Mumbai attacks three years later that killed six Americans among approximately
164 people and wounded hundreds more."
- DOJ Press Release on Guilty Plea: Headley (Added 3/22/10)
•United States v. Saifullah Ranjha et al. (Operation "Cash-Out" money laundering
case):
- DOJ Press Release on Indictments In September 2007, a grand jury "indicted 39
individuals and one business on charges arising from money laundering,
conspiracy to bribe a public official, operating unlicensed money transmitting
businesses and failing to file currency transaction reports." One of the
defendants was laundering money he believed would be used by Al-Qaida.
- DOJ Press Release on Guilty Plea: Saifullah Ranjha (Added 8/23/08) Saifullah
Ranjha, a U.S. national living in Washington, D.C. and Maryland, pled guilty to
conspiring to launder money and to concealing terrorist financing. As DOJ noted,
"According to his guilty plea...he operated a money remitter business in the
District of Columbia known as Hamza, Inc. A cooperating witness, acting at the
direction of law enforcement, held himself out to Ranjha and his associates to
be involved in large scale international drug trafficking, international
smuggling of counterfeit cigarettes and weapons. He also represented that he was
providing assistance and financing to members of al Qaeda and its affiliated
organizations and their operatives. From October 2003 to September 19, 2007, the
cooperating witness gave Ranjha and his associates a total of $2,208,000 in
government funds in order to transfer the monies abroad through an informal
money transfer system called a 'hawala,' using a network of persons and/or
businesses to transfer money across domestic and international borders without
reliance upon conventional banking systems and regulations. The cooperating
witness represented that the monies were the proceeds of, and related to, his
purported illegal activities and Ranjha laundered these funds believing they
were to be used to support those activities."
- DOJ Press Release on Sentencing (Added 11/5/08) In August 2008, Saifullah
Ranjha, a U.S. national living in Washington, D.C. and Maryland, pled guilty to
conspiring to launder money and to concealing terrorist financing. On November
4, 2008, he was sentenced to 110 months in prison.
- DOJ Press Release on Guilty Plea: Mohammad Riaz Gujjar (Added 2/1/09) In
September 2007, a grand jury "indicted 39 individuals and one business on
charges arising from money laundering, conspiracy to bribe a public official,
operating unlicensed money transmitting businesses and failing to file currency
transaction reports." One of the defendants was laundering money he believed
would be used by Al-Qaida. In January 2009, one of those indviduals, Maryland
resident Mohammad Riaz Gujjar, pled guilty to racketeering conspiracy arising
from "three separate schemes involving money laundering and attempts to
illegally obtain tax abatements and green cards." According to DOJ, "To date, 24
defendants have pleaded guilty to their participation in one or more of these
schemes."
•United States v. Weiss Rasool (Unauthorized computer access; Fairfax County
police officer):
- Criminal Information (Added 4/24/08) In January 2008, Weiss Rasool -- a
Sergeant with the Fairfax County (VA) Police Department -- was charged with
unauthorized computer access, for intentionally accessing the FBI's National
Crime Information Center (NCIC) computer system and obtaining vehicle
information without authorization. As detailed in court filings, according to
Rasool, a fellow member of his mosque “approached him with concerns
about...cars" that had been following him. On June 10, 2005, Rasool "accessed
information on the three license plate numbers...and learned that all three
vehicle license plates were registered to a leasing company." Federal
prosecutors write, "As an experienced police officer, the defendant knew that
the leasing company the three cars were registered to was used by law
enforcement." Then, in a call that was monitored by law enforcement under a
warrant approved by the Foreign Intelligence Surveillance Court, Rasool called
his associate who had asked for assistance; Rasool "advised him that all three
vehicles did not come back to an individual person but rather a company."
Prosecutors note, "the evidence is that the defendant was advising the target
that he was being following by government vehicles." When initially confronted
by the FBI, Rasool "denied knowing the target and denied making the phone call.
On March 6, 2007, the defendant admitted to his conduct on June 10th only after
hearing the recording of the message he left for the target."
- Plea Agreement (Added 4/24/08) Rasool pled guilty to a single count of
unauthorized computer access.
- DOJ Press Release on Guilty Plea (Added 4/24/08)
- Statement of Facts (Added 4/24/08) According to this document, Rasool
immigrated to the U.S. from Afghanistan in 1983 and became a naturalized U.S.
citizen in 1986. He joined the Fairfax Police Department in July 2000.
- Position of the U.S. with Respect to Sentencing Factors (Added 4/24/08) The
government wrote, "the defendant’s actions damaged the integrity of the NCIC
system and jeopardized at least one federal investigation. The defendant’s
actions could have placed federal agents in danger. The FBI has had to undo the
harm caused by the defendant. Moreover, the defendant’s misuse of the NCIC
system undermined the Violent Crime and Terrorist Offender File, a system put in
place to assist in the investigation of possible terrorists." In April 2008,
Rasool was sentenced to two years probation.
- Letters in Support of Rasool (Added 4/24/08) A number of individuals,
including fellow law enforcement officers, wrote letters in support of Rasool.
- U.S.' Response to Defendant's Sentencing Memorandum (Added 4/24/08) Providing
even more detail on the case, this filing reveals that Rasool "ran the target’s
vehicle on November 24, 2005, two days after the target pled guilty in the
Eastern District of Virginia. The defendant received a Terrorism Screening
Center alert for the target. Later that evening, the defendant ran his own
information. On November 27, 2007, the defendant ran the vehicle information on
the target’s former attorney and associate. Immediately after, the defendant ran
his own information again. The defendant conducted NCIC inquiries on himself
approximately seventeen times over eighteen months. He stated to FBI agents that
he did this because he wanted to see if he was on terrorism watch list. He
stated that he became concerned when he learned of some of his associates on the
watch list. The Fairfax County Police Department never authorized the defendant
to use the NCIC computer system for this purpose." What's more, "the FBI agents
that participated in the two post-plea debriefings with the defendant do not
believe that he has been truthful." And, "on April 14, 2008, the defendant
appeared for a polygraph examination conducted by an FBI examiner but was not
fully compliant with the test procedures despite warnings from the examiner to
cease in his behavior. Because of the countermeasures deliberately used by the
defendant during the test, the FBI examiner was unable to conduct a true
polygraph examination."
•United States v. Richard Reid (Shoe bomber):
- Complaint (Added 12/20/07) In this document, FBI Special Agent Margaret Cronin
details the struggle to subdue failed shoe-bomber Richard Reid on American
Airlines Flight 63.
- Indictment (Added 12/20/07) Reid was indicted on a number of charges,
including attempted use of a weapon of mass destruction, placing an explosive
device on an aircraft, and attempted homicide.
- Stipulation Regarding Richard Reid: From Moussaoui Trial (Added 12/20/07) This
filing reveals information about the "close relationship" between Reid and
Zacarias Moussaoui, whom Reid named "as the beneficiary of his belongings upon
his 'passing.'" Further, according to this document, "there is no information
available to indicate that Richard Reid...had pre-knowledge of the 9/11 attacks
or was instructed by al-Qaeda leadership to conduct an operation in coordination
with Moussaoui."
- Sentencing Transcript (Added 4/19/08) In sentencing Reid to life in prison,
the judge said, "You are not an enemy combatant. You are a terrorist. You are
not a soldier in any war. You are a terrorist. To give you that reference, to
call you a soldier gives you far too much stature....So war talk is way out of
line is this court. You're a big fellow. But you're not that big. You're no
warrior. I know warriors. You are a terrorist. A species of criminal guilty of
multiple attempted murders...You're no big deal." He concluded by stating, "See
that flag, Mr. Reid? That's the flag of the United States of America. That flag
will fly there long after this is all forgotten. The flag still stands for
freedom. You know it always will."
- DNI Fact Sheet on 'Ali 'Abd al-'Aziz 'Ali (Added 4/19/08) According to this
Director of National Intelligence document, in late 2001 in Afghanistan, Khalid
Sheikh Mohammed directed 'Ali 'Abd al-'Aziz 'Ali "to be the communications
intermediary between al-Qa'ida and 'shoe bombers' Richard Reid and Saajid
Badat."
- DOD Document Re: Richard Reid's Afghan Training Camp Attendance (Added
4/19/08) This charge sheet for an individual held at Guantanamo Bay (who was
eventually released) states, "after a short time on the front lines in Bagram,
Binyam Muhammad attended an explosives training camp in Kabul where he received
training on explosives and 'homemade' bomb-making. Also in attendance at this
camp was Richard Reid."
- 9/11 Commission Report Re: Shoe Bombs and 9/11 (Added 4/19/08) According to
the 9/11 Commission Report, in Khalid Sheikh Mohammed's initial plan for 9/11,
"operatives would hijack U.S.-flagged commercial planes flying Pacific routes
across East Asia and destroy them in midair, possibly with shoe bombs, instead
of flying them into targets."
- NEFA Foundation "Target: America" Report "KSM's Transatlantic Shoe Bomb Plot"
•United States v. Ahmed Ressam (LAX Millennium bomb plotter):
- Complaint (Added 1/05/08) On December 14, 1999, Ahmed Ressam (a.k.a. Bennie
Antoine Norris) was arrested attempting to enter the U.S. with a trunk full of
explosives material. He was planning to bomb Los Angeles International Airport.
- Indictment (Added 2/27/08) In January 2000, Ressam was indicted on an array of
charges, including transporting explosives, smuggling, and committing an act of
terrorism transcending a national boundary.
- DOJ Press Release on Conviction (Added 2/27/08) In April 2001, Ressam was
found guilty on all counts.
- Hassan Zemiri Letter (Added 1/05/08) Ressam's testimony in the trial of
Mokhtar Haouari helped detain Hassan Zemiri, an alleged co-conspirator currently
being held at Guantanamo Bay. Ressam has sought to secure Zemiri's release by
writing a federal judge to plead, "it is not right or just to accuse somebody of
something not true."
- Supreme Court Ruling (Added 5/21/08) The Supreme Court upheld the conviction
(8-1) of would-be LAX bomber Ahmed Ressam on an explosives charge. As the
Associated Press explains, "at issue was whether Ressam should have been
convicted of carrying explosives during the commission of another serious crime,
in Ressam's case lying on a U.S. customs form when he crossed the border at Port
Angeles in December 1999."
- 9th Circuit Court of Appeals Ruling (Added 8/17/08) The Ninth Circuit Court of
Appeals vacated the sentence of convicted Millennium bomb plotter Ahmed Ressam,
ruling that a judge failed to determine "the applicable Guidelines range" at the
beginning of Ressam's sentencing proceedings. The Appeals Court remanded the
case for sentencing by the U.S. District Court in Seattle.
- 9th Circuit Court of Appeals Ruling - Feb. 2010 (Added 2/09/10) The Ninth
Circuit Court of Appeals ruled that the 22-year prison sentence of Millennium
Bomber Ahmed Ressam was marred by procedural error and sent the case back to a
new judge in the Western District of Washington for a new sentencing hearing.
DOJ explained: "The Appeals Court identified four procedural errors at the
sentencing hearing: The Court did not use the Federal Sentencing Guidelines as a
starting point; the Court did not explain why it rejected government arguments
regarding the value of Ressam's cooperation and the impact of his recantation;
the Court erred by adopting the defense views of Ressam’s life history and
characteristics that was contradicted by facts in the presentence report; and
the Court failed to address the government argument that a longer sentence was
needed to protect the public from Ressam who would be only 53-years-old when
released from prison."
- DOJ Press Release on 9th Circuit Court of Appeals Ruling (Added 2/09/10)
- Trial Transcript: Testimony of French counterterrorism magistrate Jean-Louis
Bruguiere (Added 6/03/10) Following this weekend's Israeli raid on a flotilla of
vessels sponsored by the Turkish Muslim charitable group Insani Yardim Vakfi
(IHH), which was attempting to break the ongoing blockade on Gaza, the group has
jumped into the headlines. During the trial of attempted Millennium bomber Ahmed
Ressam, noted French counterterrorism magistrate Jean-Louis Bruguiere took the
stand and testified that IHH had played “[a]n important role” in Ressam's bomb
plot targeting LAX. Under repeated questioning, Bruguiere insisted that
“[t]here’s a rather close relation”: "The IHH is an NGO, but it was kind of a
type of cover-up… in order to obtain forged documents and also to obtain
different forms of infiltration for Mujahideen in combat. And also to go and
gather [recruit] these Mujahideens. And finally, one of the last
responsibilities that they had was also to be implicated or involved in weapons
trafficking." For more on IHH, read NEFA Senior Investigator Evan Kohlmann’s
Counterterrorism Blog posting. In June 2010, U.S. State Department spokesman
P.J. Crowley told reporters that "we know that IHH representatives have met with
senior Hamas officials in Turkey, Syria, and Gaza over the past three years.
That is obviously of great concern to us."
•United States v. Michael Reynolds (Material support to Al-Qaida; Internet
sting):
- Superseding Indictment (Added 12/20/07) In October 2006, federal prosecutors
in Pennsylvania announced the filing of a superseding indictment, charging
Reynolds with attempting to provide material support to terrorist groups,
soliciting crimes of violence and possession of hand grenades." DOJ wrote, "in
approximately October 2005, the Defendant...posted comments at the OBLcrew chat
group soliciting help to compel the United States Government officials to return
soldiers to the United States through terrorist activities...Reynolds then began
communicating through the Internet with an individual he believed to be a member
of Al-Qaeda. In fact, this individual and was not affiliated with any foreign
terrorist organization, but rather began cooperating with authorities in their
investigation of Reynolds’ conduct...Reynolds offered in these Internet
communications to assist Al-Qaeda in engaging in acts of terrorism within the
United States by performing the services of identifying targets, planning
terrorist attacks, and describing bomb making methods, among other
services...Reynold[s] sought to enlist separate 'units' to carry out violent
attacks against pipeline systems and energy facilities in an effort to reduce
energy reserves, create environmental hazards, increase anxiety, and require
substantial expenditure of funds and government personnel, including the
military, to protect these locations."
- DOJ Press Release on Superseding Indictment (Added 12/20/07)
- DOJ Press Release on Conviction (Added 12/20/07) In July 2007, Reynolds was
convicted of attempting to provide material support to Al-Qaida.
- DOJ Press Release on Sentencing (Added 12/20/07) In November 2007, Reynolds
was sentenced to thirty years in prison.
- Third Circuit Court of Appeals Opinion (Added 3/24/10) The Third Circuit Court
of Appeals upheld the conviction of Michael Curtis Reynolds, who was convicted
in July 2007 by a Pennsylvania jury of attempting to provide material support to
Al-Qaida in connection with a plan to help Al-Qaida "units that he believed
existed in Canada and this country to make an attempt to destroy fuel pipelines
servicing the United States." According to the Appeals Court, "Reynolds has
failed to overcome the significant hurdle to overturning a conviction on the
basis of a claim of insufficient evidence." On another argument, the Appeals
Court found "Reynolds’s argument unpersuasive. Reynolds fails to assert a
misstatement, let alone a misstatement that was intentional or reckless and was
material to finding probable cause."
•United States v. Raed Abdul-Rahman Alsaif (Attempt to smuggle knife on plane):
- Complaint (Added 7/16/09) On June 4, 2009, Raed Abdul-Rahman Alsaif, who was
ticketed to travel on US Airways from Tampa to Portland, with a stop in Phoenix,
attempted to pass through Tampa International Airport security with a seven inch
knife concealed in one of his carry-on bags. Security noted that weapon was
“concealed from view without use of an x-ray machine” but was hidden in a
“readily accessible manner.” After being questioned by airport security, Alsaif
claimed he had no prior knowledge of the weapon. Authorities are investigating
any possible linkages between Alsaif’s case and that of two men in Philadelphia
who were charged with attempting to smuggle a Smith & Wesson 9- mm
semi-automatic handgun onto a Phoenix-bound US Airways flight on the same
morning.
- Detention Order (Added 7/16/09) In this June 26, 2009 Order of Detention,
United States Magistrate Judge Thomas B. McCoun III denied Alsaif’s request to
be released from prison on bail. He is “is a foreign national in the U.S. on a
student visa” and “at present…is in violation of that visa and subject to
deportation.”
- Charge Report (Added 7/16/09)
•United States v. Paul and Nadia Rockwood (False statements to federal agent in
domestic terrorism investigation):
- Information - Paul Rockwood (Added 7/22/10) Paul Rockwood (a.k.a. Bilal) was
charged in Alaska with "knowingly and willfully mak[ing] false material
statements and false material representations to federal agents with respect to
planned actions of domestic terrorism" by denying that he developed a "list with
the intent that those individuals and entities listed thereon were targets for
violent Jihad-inspired assassination or bombing."
- Information - Nadia Rockwood (Added 7/22/10) Nadia Rockwood was charged in
Alaska with "knowingly and willfully mak[ing] material false statements and
representations to federal agents with respect to an investigation involving
domestic terrorism, in that, when questioned by federal agents about
transporting a document authored by her husband, PAUL GENE ROCKWOOD, JR., and
which she delivered to another person in Anchorage, NADIA PIROSKA MARIA ROCKWOOD
falsely claimed that she delivered a book or a common letter to another person,
when, in truth and fact, NADIA ROCKWOOD knew that what she delivered to another
person included a list created by her husband containing the names of
individuals who were at risk of harm."
- Plea Agreement - Paul Rockwood (Added 7/22/10) Paul Rockwood (a.k.a. Bilal)
and his wife Nadia have agreed to a plea agreement in Alaska federal court
whereby he will serve 8 years in prison and she will serve 5 years probation in
the U.K. for making false statements to a federal agent in a domestic terrorism
investigation. According to court documents, "Rockwood converted to Islam in
late 2001 or early 2002 while living in Virginia. After his conversion, and
while residing in Virginia, Rockwood became a strict adherent to the violent
Jihad-promoting ideology of cleric Anwar al-Awlaki (AI-Awlaki). This included a
personal conviction that it was his (Rockwood's) religious responsibility to
exact revenge by death on anyone who desecrated Islam...At a time unknown, but
prior to moving to Alaska in 2006, Rockwood began researching and selecting
possible targets for future execution...Rockwood also began researching the
method and means to exact revenge on his intended targets." For example,
"Rockwood researched individual explosive components" and "construction of
improvised explosive devices for delivery by common carrier." Then, "Sometime in
late 2009, Rockwood began sharing his ideas about committing acts of domestic
terrorism, including discussing the use of mail bombs and the possibility of
killing targets by gunshot to the head. By early 2010, Rockwood's intended
target list was formalized to include approximately 15 specific targets.
Thereafter, in April, 2010, Rockwood gave his written target list to his wife
Nadia Rockwood who carried the list with her on a trip to Anchorage." It was
lies to federal agents about that list that subsequently led to the charges.
•United States v. Khaled Safadi et al. (Export to a designated terrorist entity
in Paraguay):
- Indictment (Added 2/25/10) Samer Mehdi of Paraguay, Khaled Safadi of Miami,
Ulises Talavera of Miami, FL, Emilio Jacinto Gonzalez-Neira of Paraguay, Cedar
Distributors, Inc. (Cedar), a Miami-based freight forwarding company owned by
Safadi, Transamerica Express of Miami, Inc., a Miami-based freight forwarding
company owned by Talavera, and Jumbo Cargo, Inc., a Miami-based freight
forwarding company owned by Gonzalez-Neira, were indicted in Florida charges
including IEPPA violations and smuggling electronic goods from the United States
to Paraguay. The charges stem from a JTTF investigation into electronics
shipments to the Galeria Page, a shopping center in Ciudad del Este, Paraguay,
which has been designated as a Specially Designated Global Terrorist (SDGT)
entity by OFAC.
- DOJ Press Release on Indictment (Added 2/24/10)
- U.S. Treasury Department Statement on Galeria Page SDGT Designation (Added
2/24/10) According to the Treasury Department, "Galeria Page, a shopping center
in Ciudad del Este, Paraguay, serves as a source of fundraising for Hizballah in
the TBA and is locally considered the central headquarters for Hizballah members
in the TBA. Galeria Page is managed and owned by TBA Hizballah members,
including members of the Barakat network. Local Hizballah members operate
businesses within Galeria Page and funds generated from these businesses support
Hizballah. Muhammad Yusif Abdallah, a manager of Galeria Page, paid a regular
quota to Hizballah based on profits he received from Galeria Page. Shops in the
building have also been involved in illicit activity, including the sale of
counterfeit U.S. dollars."
•United States v. Reza Safarha et al. (Laundering money through Iran):
- DOJ Press Release on Complaint (Added 1/21/10) Federal prosecutors in New York
indicted Reza Safarha, Nick Mohamey, and Mohammad Soroush Mahalaty for
conspiring to launder money from the United States to Iran. According to DOJ,
"From 2007 to 2008, SAFARHA, MOHAMEY, and MAHALATY engaged in the transfer of
illicit funds to Iran through the use of the 'hawala' system, a money remittance
system that facilitates the transfer of money outside of traditional banking
channels. In the hawala system, funds are transferred by customers to a hawala
operator, or 'hawaladar,' in the United States, and corresponding funds, less
any fees, are disbursed to recipients in another country by hawaladar associates
in that location. Using this hawala system, SAFARHA, MOHAMEY, and MAHALATY
coordinated the transfer of approximately $300,000 of what they believed to be
the proceeds of criminal activity to accounts located outside of the United
States, including in Iran. In fact, the funds were provided by a confidential
informant working with law enforcement authorities. SAFARHA, MOHAMEY and
MAHALATY, took control of the purportedly illicit funds in the United States and
then, through co-conspirators in Iran, disbursed an equivalent amount of Iranian
currency, rials, in Iran, effectively laundering the money without directly
transferring it outside the country." The JTTF participated in the probe.
•United States v. Mustafa Salat et al. (Somali jihad probe):
- Indictment (Added 11/24/09) As DOJ announced, "On August 20, 2009, a federal
grand jury returned a second superseding indictment charging Ahmed Ali Omar,
Khalid Abshir, Zakaria Maruf, Mohamed Hassan, and Mustafa Salat with
terrorism-related offenses. These men were charged in the summer of 2009 with
conspiracy to provide material support to terrorists and foreign terrorist
organizations; conspiracy to kill, kidnap, maim, and injure people outside the
United States; possessing and discharging a firearm during a crime of violence;
and solicitation to commit a crime of violence. The indictments that detail the
charges filed against these co-conspirators also were unsealed today. None of
the five defendants is in custody. All five are believed to be outside of the
United States."
- DOJ Press Release on Indictment (Added 11/24/09)
•United States v. Pete Seda & Soliman Hamd Al-Buthe (Al-Haramain Islamic
Foundation - AHIF):
- Indictment Pirouz Sedaghady (a.k.a. Pete Seda) and his co-defendant, Soliman
Al-Buthe, were indicted in Oregon in September 2005 on multiple charges,
including conspiring to defraud the U.S. Both served as officials with the
Al-Haramain Islamic Foundation (AHIF), a Saudi-based charity that operated in
more than fifty countries throughout the world, including the U.S., and that has
been designated by the U.S. Treasury Department as a Specially Designated Global
Terrorist. Sedaghady helped establish AHIF's office in Ashland, Oregon and is
listed as the organization's Secretary in tax records. The indictment notes,
"the website www.alharamain.org was hosted by Al-Haramain (Riyadh). Through this
website and other websites referred to in Al-Haramain's (Riyadh) website,
Al-Haramain (Riyadh) promoted violent jihad as an obligation of Islam, updated
readers concerning the Chechen mujahideen's violent jihad against the Russian
army, and advised readers on how to donate money to the Chechen mujahideen." The
filing further explains, "in February 2000, an individual in Egypt donated
$150,000 to Al-Haramain (Riyadh) as zakat to be sent to Chechnya. The funds were
initially wire transferred by the donor to an Al-Haramain bank account in
Oregon, converted into travelers checks and a cashier's check, and covertly
taken out of the United States by defendant SOLIMAN AL-BUTHE. Intending that the
funds be delivered to the Chechen mujahideen, defendants PIROUZ SEDAGHATY,
SOLIMAN AL-BUTHE,..., and others, engaged in a conspiracy to prevent the United
States Government from learning of the transaction..."
- U.S. Government Memo Supporting Pre-Trial Detention This filing points out
that "AHIF-SA...promoted a version of Islam called Wahhabism. While there are
variations of Wahhabi teachings, the clerics and literature promoted by AHIF
represent an extreme, intolerant and militant form of Wahhabism. For example,
AHIF literature states that Muslims have an affirmative duty to engage in jihad
(defined as holy fighting in Allah’s cause) against those who do not believe in
Islam, and that Muslims must prepare for jihad by engaging in military type
training." Notably, AHIF's U.S. branch distributed material to U.S. prisons
which "advised prisoners that violent jihad against non-believers is an
affirmative obligation for all Muslims until the entire world submits to Islamic
rule."
- Defendant's Memo Supporting Pre-Trial Release Sedaghady's attorneys argued
that "he is beloved by many in the community, including a rabbi, a minister and
a public media personality, all of whom call him a strong force for nonviolence
and religious peace."
- Pete Seda's Explanation of His Whereabouts While a Fugitive: Document 1 This
document provides a timeline for Seda while he was a fugitive, asserting he
lived in Saudi Arabia, the United Arab Emirates, Iran, and Syria.
- Pete Seda's Explanation of His Whereabouts While a Fugitive: Document 2 This
email from Sedaghady's attorney also offers information on his whereabouts.
- Pete Seda's Explanation of His Whereabouts While a Fugitive: Exhibits This
document provides proof of Sedaghady's whereabouts, including his business
cardsfrom Syria and Dubai.
-- El-Fiki Email re: $150,000 Transfer This email from Dr. Mahmoud Talaat
El-Fiki notifies AHIF that he has asked his bank in London to transfer $150,000
to AHIF's U.S. account. He sought to participate in AHIF's "noble support to our
muslim brothers in Chychnia."
- Illegal Financial Activity According to federal authorities, "just after the
funds were wire transferred to the AHIF-US account, defendant Al-Buthe flew from
Saudi Arabia to Oregon. Sedeghaty and Al-Buthe then went into the bank and
withdrew the funds in the form of 130 $1,000 American Express travelers checks
and a $21,000 cashier's check, costing AHIF a transaction fee of $1,300.00.
Defendant Al-Buthe quickly returned to Saudi Arabia with the funds, failing to
report to U.S. Custom agents that he was transporting more than $10,000 outside
of the country, in violation of U.S. law." The $131,000 check is here, while the
$21,000 check is here.
- Chechen Jihad Photos from Seda's Computer - #1 These photos, found on Seda's
computer, depict pictures of dead mujahideen, dead Russian soldiers, and
passports of dead Russian soldiers.
- Chechen Jihad Photos from Seda's Computer - #2 These photos, found on Seda's
computer, depict Ibn-ul-Khattab and Shamil Basayev (who claimed credit for the
2004 Beslan attack).
- AHIF Email Group Glorifying Chechen Mujahideen An email group established by
an AHIF employee in Saudi Arabia glorified the Chechen mujahideen. Seda received
many of the messages, including one that stated, "Jihaad is a religious
obligation in Islaam."
- The Noble Quran AHIF-US distributed radical Islamic literature into the U.S.
prison system, including The Noble Quran, which stated, "Jihad is an obligatory
duty in Islam on every Muslim." It adds, "Jihad is a great deed indeed and...it
is the best thing that one can volunteer for."
- The Islamic Guidelines for Individual and Social Reform AHIF-US also
distributed The Islamic Guidelines for Individual and Social Reform, which told
readers "the Jihad against the disbelievers, communists and the aggressors from
Jewish-Christian nations can be either by spending on Jihad or by participating
in it in person."
- Prisoner's Letter to AHIF-US Umar Khalid Al-Mujahid, a prisoner, wrote to
AHIF-US asking that his ten dollars be "used towards helping the mujahideen in
Chechnya that are being persecuted by the coalition of the kuffar, whether it be
providing some food, medical help, to the families of the martyrs or weapons."
The letter was seized during the February 2004 raid of AHIF-US.
- AHIF English-Language Newsletter According to the U.S. government, "AHIF-SA
[also] promoted violent jihad as a religious obligation." A February 2000
English-language AHIF newsletter states, "Jihaad is a religious obligation in
Islaam. Its aim is to fight oppression and injustice and to remove obstacles
which prevent the spread of Islaam."
- Seda's $2,000 Transfer to AHIF-Albania In April 1999, Seda transferred $2,000
to AHIF's office in Tirane, Albania. The U.S. government notes that "the AHIF
office in Tirane, Albania was the closest AHIF office to mujahideen fighting in
Kosovo."
- Email from "the office of Sheikh Ussamah Bin Laden" Authorities discovered an
email purportedly sent by "the office of Sheikh Ussamah Bin Laden" in Qandahar,
Afghanistan on an islamtoday server, which was located in an Ashland, Oregon
building that AHIF-US partially controlled. The email said, "He sends you a
message of gratitude and appreciation and asks you not to forget to pray during
this blessed night and on Friday!!!!" The email, whose author is unknown, was
sent three days after the U.S. bombing campaign began in Afghanistan.
- Seda's passport, naturalization certificate, and marriage contract
- 9th Circuit Appeals Court Ruling Rejecting a Challenge to the NSA's Wiretap
Program In November 2007, the Ninth Circuit Court of Appeals ruled on an AHIF
filing that it was "subject to warrantless electronic surveillance in 2004 in
violation of the Foreign Intelligence Surveillance Act, 50 U.S.C. §§ 1801 et
seq. ('FISA'), various provisions of the United States Constitution, and
international law. The government countered that the suit is foreclosed by the
state secrets privilege...Essential to substantiating Al-Haramain’s allegations
against the government is a classified 'Top Secret' document (the 'Sealed
Document') that the government inadvertently gave to Al-Haramain in 2004 during
a proceeding to freeze the organization’s assets." The court concluded that
"Al-Haramain cannot establish that it suffered injury in fact, a 'concrete and
particularized' injury, because the Sealed Document, which Al-Haramain alleges
proves that its members were unlawfully surveilled, is protected by the state
secrets privilege."
- Order re: AHIF's Challenge to the NSA's Wiretap Program (Added 1/6/09) In
January 2009, a federal judge reversed himself, ruling that the Al-Haramain
Islamic Foundation (AHIF) can challenge the U.S. government's surveillance
program. The judge changed his ruling when presented with statements by
government officials about the program. The judge wrote, "Without a doubt,
plaintiffs have alleged enough to plead 'aggrieved person' status so as to
proceed to the next step in proceedings under FISA’s sections 1806(f) and 1810.
While the court is presented with a legal problem almost totally without
directly relevant precedents, to find plaintiffs’ showing inadequate would
effectively render those provisions of FISA without effect, an outcome the court
is required to attempt to avoid."
- DOJ Filing Challenging TSP Claim (Added 8/27/09) Challenging a lawsuit by the
Al-Haramain Islamic Foundation alleging that it was subject to warrantless
electronic surveillance in 2004 in violation of the Foreign Intelligence
Surveillance Act, the DOJ argued that "plaintiffs rely on a string of sheer
conjecture in an attempt to prove they were subject to the alleged TSP [Terror
Surveillance Program] surveillance in 2004. But the fact that the President
authorized the TSP, that the Government has investigated terrorist financing by
charitable organizations like the Al-Haramain Islamic Foundation of Saudi Arabia
and its worldwide branches, that plaintiff AHIF-Oregon had been designated as a
Specially Designated Global Terrorist, and, indeed, that this designation had
been supported by 'classified' 'intelligence' information, does not establish
that the Government electronically surveilled the plaintiffs under the TSP or
otherwise."
- Memorandum of Decision and Order (Added 4/01/10) Chief U.S. District Judge
Vaughn Walker ruled that the Bush administration wiretapped the Oregon-based
Al-Haramain Islamic Foundation under an illegal surveillance program. Walker
wrote, "Under defendants’ theory, executive branch officials may treat FISA as
optional and freely employ the SSP to evade FISA, a statute enacted specifically
to rein in and create a judicial check for executive-branch abuses of
surveillance authority." He also highlighted the "obvious potential for
governmental abuse and overreaching inherent in defendants’ theory of unfettered
executive-branch discretion."
- Expert Witness List (Added 8/18/09) The Department of Justice has announced
its intention to utilize NEFA Senior Investigator Evan Kohlmann as an expert
witness in the upcoming trial of former Al-Haramain official Pirouz Sedaghaty
(a.k.a. Pete Seda). A recent filing described Kohlmann as "an expert on the
conflict in Chechnya. He will provide background on the conflict, the role of
the mujahideen in the conflict, and the funding of the mujahideen in Chechnya by
the Al-Haramain Islamic Foundation. He will also introduce material promoted by
the Al-Haramain Islamic Foundation on its website, and identify some of the
items found on defendant Sedaghaty’s computers."
- DOJ Filing Linking Al-Buthe and Ali Al-Timimi (Added 8/25/09) A recent DOJ
filing highlighted a connection between Soliman Al-Buthe and Ali Al-Timimi. As
the filing explained, "Ali Al-Timimi was convicted by a jury in the Eastern
District of Virginia in April 2005 of, inter alia, soliciting others to wage war
against the United States and to assist the Taliban. According to declassified
conversations intercepted pursuant to the Foreign Intelligence Surveillance Act
('FISA') which were introduced at his trial, Al-Timimi was associated with and
communicated with Soliman Al-Buthe, the fugitive co-defendant in this
prosecution. Specifically, Al-Timimi contacted Al-Buthe to obtain Al-Buthe’s
assistance in editing and publishing an anti-Semitic article glorifying the
crash of the United States Space Shuttle Columbia as a sign from God that
'overjoyed' the 'heart of each believer' and signaled the end of American
supremacy."
•United States v. Shaaban Hafiz Ahmad Ali Shaaban (Iraqi intelligence ties):
- FBI Press Release on Conviction (Added 4/8/08) In January 2006, an Indiana
jury convicted Shaaban Hafiz Ahmad Ali Shaaban of six counts, including:
Conspiracy, Acting as a Foreign Agent without Notification, one violation of the
Iraqi Sanctions under the International Emergency Economic Powers Act (IEEPA),
Unlawful Procurement of an Identification Document and Unlawful Procurement of
Naturalization. The jury hung on one IEEPA count. The evidence showed that "as
an unregistered agent for the Saddam Hussein regime, Shaaban committed the
following acts: traveled to Baghdad in late 2002 where he offered to sell names
of U.S. intelligence agents and operatives to Iraq for $3 million dollars.
Sought to gain Iraqi support to establish an Arabic television station in the
United States that would broadcast news and discussions that would be pro-Iraqi.
Sought to enter into a 'Cooperation Agreement' where he would be paid a fee by
Iraq to organize volunteers to act as human shields to protect Iraqi
infrastructure during the war."
- DOJ Press Release on Sentencing (Added 4/8/08) In May 2006, Shaaban was
sentenced to 160 months in prison.
•United States v. Tarik Shah et al. (NYC jihad support network):
- Indictment In November 2007, prosecutors in New York indicted Tarik Ibn Osman
Shah and Rafiq Sabir for conspiring to provide material support to Al-Qaida.
Mahmud Faruq Brent was charged with providing material support to
Lashkar-e-Taiba.
- DOJ Press Release on Guilty Plea (Shah) In April 2007, Shah, a martial arts
instructor from the Bronx, N.Y., pled guilty to conspiring to provide material
support and resources to Al-Qaida, admitting "he conspired to aid al Qaeda by
agreeing to train al Qaeda terrorists in martial arts and hand-to-hand combat
with weapons." DOJ writes, "on May 20, 2005, SHAH met with a person whom he
believed to be a recruiter for al Qaeda, but who was actually an undercover FBI
agent. During that meeting, SHAH pledged 'bayat,' or allegiance, to Usama bin
Laden and al Qaeda, and agreed to provide his martial arts expertise to train al
Qaeda fighters." Moreover, "SHAH told the UC [FBI undercover agent] and the CS
[confidential source] of his attempt to enter Afghanistan in approximately 1998
and of his intention to attend terrorist training camps there."
- DOJ Press Release on Sentencing (Shah) In November 2007, Shah received a
fifteen year prison sentence.
- DOJ Press Release on Sentencing (Rafiq Sabir) In November 2007, Rafiq Sabir --
a Columbia University-educated doctor convicted in May 2007 of conspiring to
provide material support to Al-Qaida -- was sentenced to twenty five years in
prison. Along with Shah, Sabir pledged "an oath of loyalty to al Qaeda" "in the
presence of the UC [FBI undercover agent] and under the impression that the UC
had the authority of al Qaeda..." Sabir was eager to provide medical assistance
to Al-Qaida.
•United States v. Faisal Shahzad (Times Square Bomb Plot):
- DOJ Press Release on Arrest (Added 5/04/10) Attorney General Eric Holder
announced that "Agents of the Federal Bureau of Investigation and detectives of
the New York City Police Department arrested [Faisal] Shahzad for allegedly
driving a car bomb into Times Square on the evening of May 1, 2010. Shahzad, a
naturalized U.S. citizen born in Pakistan, was taken into custody at John F.
Kennedy International Airport after he was identified by the Department of
Homeland Security’s U.S. Customs and Border Protection while attempting to take
a flight to Dubai."
- Complaint (Added 5/05/10) Faisal Shahzad was charged in New York federal
court with attempted use of a weapon of mass destruction, acts of terrorism
transcending national boundaries, and other federal crimes for allegedly driving
a car bomb into Times Square on the evening of May 1, 2010. According to DOJ,
"After his arrest, Shahzad stated that he had recently received bomb-making
training in Waziristan, Pakistan. In addition, Shahzad admitted that he had
brought the Pathfinder to Times Square -- and attempted there to detonate it.
Shahzad also noted that he had driven a particular car to John F. Kennedy
International Airport on May 3, 2010, and stated that the car contained a gun.
Law enforcement officers then identified Shahzad's car and located a gun
inside."
- DOJ Press Release on Complaint (Added 5/05/10)
- Indictment (Added 6/21/10) Alleged Times Square bomber Faisal Shahzad was
indicted in New York federal court in connection with the failed May 1, 2010
plot. According to Attorney General Eric Holder, "The facts alleged in this
indictment show that the Pakistani Taliban facilitated Faisal Shahzad’s
attempted attack on American soil." The indictment alleged that "In December
2009, Shahzad received explosives training in Waziristan, Pakistan, from
explosive trainers affiliated with Tehrik-e-Taliban, a militant extremist group
based in Pakistan. On Feb. 25, 2010, Shahzad received approximately $5,000 in
cash in Massachusetts sent from a co-conspirator (CC-1) in Pakistan whom Shahzad
understood worked for Tehrik-e-Taliban. Approximately six weeks later, on April
10, 2010, Shahzad received an additional $7,000 in cash in Ronkonkoma, N.Y.,
which was also sent at CC-1's direction."
- DOJ Press Release on Indictment (Added 6/21/10)
- DOJ Press Release on Giilty Plea (Added 6/23/10) Faisal Shahzad pled guilty in
Manhattan federal court to all counts of the 10-count indictment against him,
admitting he drove a car bomb into Times Square on the evening of May 1, 2010.
In court, he said, "I am part of the answer to the U.S. terrorizing the Muslim
nations and the Muslim people, and on behalf of that, I'm avenging the attacks."
- The 2007 London and 2010 Times Square Car Bomb Plots (Added 6/21/10) The NEFA
Foundation has released a PowerPoint report that examines the 2007 London and
2010 New York car bomb plots. At 1:24am on June 29, 2007, British-born doctor
Bilal Abdulla parked a green Mercedes outside London’s Tiger Tiger nightclub,
which was packed with over 500 hundred revelers on a Friday night. He sat in the
car for several minutes, attempting to turn on gas cylinders that had been
placed in the car. He also poured gasoline on the seats and armed an electrical
circuit on the device. After running away from the car, he unsuccessfully
attempted to detonate the device several times via mobile phone. Just blocks
away, at 1:17am, Khafeel Ahmed – a PhD student in computational fluid dynamics
at Anglia Ruskin University in Cambridge – abandoned a blue Mercedes at a bus
station on Cockspur Street. Individuals fleeing and responding to the first
blast may have been targeted due to the positioning of the second vehicle. Like
Abdulla, Ahmed unsuccessfully attempted to detonate the device several times via
mobile phone. Less than three years later, on May 10, 2010, Faizal Shahzad – a
naturalized U.S. citizen born in Pakistan – drove his bomb-laden green Nissan
Pathfinder SUV along West 45th Street between Broadway and Eighth Avenue. After
abandoning the vehicle at 45th and Seventh Avenue, he took a train home to
Connecticut. While neither the London nor New York car bombs detonated due to
flaws in their composition, the perpetrators behind both conspiracies intended
to launch a mass-casualty terrorist attack on a major Western civilian center.
This NEFA report examines the composition of the devices, both of which
contained propane tanks and gasoline, and draws heavily on court exhibits and
CCTV footage.
•United States v. Derrick Shareef (Illinois shopping mall grenade plot):
- Complaint Federal agents arrested Islamic convert Derrick Shareef on December
6, 2006 when he attempted to procure grenades and handguns during a meeting with
an undercover agent. He had recorded a martyrdom video, in which he stated, "My
name is Talib Abu Salam Ibn Shareef. I am 22 years of age. I am from America,
and this tape is to let you guys know, who disbelieve in Allah, to let the
enemies of Islam know, and to let the Muslims alike know that the time for jihad
is now."
- Indictment In December 2006, Shareef was charged with one count of attempting
to damage or destroy a building by fire or explosion and one count of attempting
to use a weapon of mass destruction.
- DOJ Press Release on Indictment
- FBI Interviews Interviewed by FBI agents following his arrest, Shareef
provided considerable insights into his radicalization and his terror plans.
Transcripts of interviews with the FBI informant who befriended Shareef are also
included in this filing. This document was filed in the Connecticut case against
Shareef's former roommate Hassan Abujihaad, convicted on terrorism and espionage
charges in March 2008.
- DOJ Press Release on Guilty Plea In November 2007, Shareef pled guilty to one
count of attempting to use a weapon of mass destruction.
- NEFA Foundation "Target: America" Report "The Illinois Shopping Mall Plot"
•United States v. Ahmad Omar Saaed Sheikh (Daniel Pearl murder):
- Indictment (Added 4/4/08) New Jersey federal prosecutors indicted Ahmad Omar
Saeed Sheikh for his involvement in the conspiracy to murder Wall Street Journal
reporter Daniel Pearl. According to the indictment, "it was part of the
conspiracy that defendant Ahmad Omar Saaed Sheikh, posing as Bashir, and others
lured Daniel Pearl to a meeting in Karachi, Pakistan under the false pretense
that he was to meet with a prominent Muslim cleric." The indictment asserts that
"Sheikh was "affiliated with radical, militant organizations. He trained in
military camps in Afghanistan and, in or about September and October 2001,
fought in Afghanistan with Taliban and Al Qaeda forces."
•United States v. Hamid Sheikh (False statements to federal agents; SMP
investigation link):
- ICE Fact Sheet on Deportation (Added 4/17/08) According to ICE, "on May 17,
2005, ICE officials removed from the United States Hamid Sheikh, 41, a native
and citizen of Pakistan, who was living in the Philadelphia area. ICE and FBI
agents first identified Sheikh in June 2003, when the Philadelphia Joint
Terrorism Task Force (JTTF) launched a probe of various individuals in
Philadelphia. The JTTF probe identified a local cab driver, Agha Ali Abbas
Qazalbash, as a member of Sipah-e-Mohammed Pakistan (SMP) a militant Shia
organization in Pakistan...Sheikh was identified by the JTTF investigation as a
close friend of Qazalbash. In August 2003, a federal grand jury in Eastern
District of Pennsylvania indicted Sheikh on one count of making false statements
to federal agents regarding the whereabouts of Qazalbash. In February 2004,
Sheikh was convicted and sentenced to 16 months incarceration. Upon completion
of his criminal sentence, Sheikh was transferred to ICE custody and charged on
security-related grounds as a removable alien. ICE attorneys argued that Sheikh
engaged in a criminal activity endangering public safety or national security by
lying to federal agents for several days regarding the whereabouts of Qazalbash,
allowing him to escape to Pakistan."
•United States v. Najib Shemami (Iraqi Intelligence Service agent):
- Indictment (Added 4/9/08) In April 2007, Najib Shemami of Sterling Heights,
Michigan was indicted for acting as an agent of the Government of Iraq.
According to DOJ, "the indictment alleges that Shemami traveled from Michigan to
Iraq on several occasions and met with officers of the Iraqi Intelligence
Service ('IIS') before the March 2003 invasion of Iraq by coalition forces.
During these meetings, the indictment alleges, Shemami reported information
relating to the activities of Iraqi expatriates in the United States, potential
candidates for political office in Iraq, and U.S. and Turkish military
activities he had observed in Turkey before the U.S. entry into Iraq in 2003."
- DOJ Press Release on Indictment (Added 4/9/08)
•United States v. Mohamed Ibrahim Shnewer et al. (Fort Dix plot):
- Indictment On May 7, 2007, federal agents made a series of arrests following a
lengthy investigation that uncovered a plot to murder members of the U.S.
military. In indictments filed in June 2007, prosecutors charged Serdar Tatar of
Philadelphia, Pennsylvania; Mohamad Shnewer of Cherry Hill, New Jersey; and
brothers Dritan, Shain, and Eljvir Duka of Cherry Hill, New Jersey with
involvement in the planned attack.
- DOJ Press Release on Indictment
- Complaint This document provides extensive details on the plot targeting Fort
Dix. For example, the filing reveals that on August 1, 2006, in a recorded
conversation, Shnewer said to FBI informant Mahmoud Omar, “If you really want to
do anything here, there is Fort Dix…I don’t want to exaggerate…I assure you that
you can hit an American base very easily.” He continued, “You take a map and
draw it and then you calculate that there are areas where there are 100-200
individuals and you should allocate 6-7 persons for this alone.” Shnewer added,
“When you go to a military base, you need mortars and RPGs.”
- Superseding Indictment (Added 01/15/08) A superseding indictment, filed on
January 15, 2008, charged the men with the attempted murder of military
personnel. The Duka brothers, Shnewer, and Agron Abdullahu of Buena Vista
Township, New Jersey were also indicted on weapons-related charges.
- Government's Brief in Opposition to Defendants' Motions to Terminate
Administrative Detention (Added 12/12/07) According to this filing, Shnewer gave
a fellow inmate an Al-Qaida video featuring Usama Bin Laden; prison officials
found the DVD hidden inside a book in the law library.
- Eljvir Duka Letter to Fellow Inmate (Added 12/12/07) In this letter, Duka
stated, "now you see why we were going to sacrifice all for the sake of allah in
jihad...fight in the way of allah first with the mouth then with the sword. we
weren't able to finish."
- Prison Surveillance Video (Added 12/15/07) This clip shows a note being passed
being cells at Philadelphia's Federal Detention Center.
- Memorandum of Law of the United States in Opposition to Defendant Agron
Abdullahu's Motion for Bail The Duka brothers, who were illegal immigrants, had
Agron Abdullahu and another individual store their weapons. When searching
Abdullahu’s residence on May 7, 2007, federal agents seized a 9 millimeter
Beretta handgun, a Mossberg 12 gauge shotgun, a Beretta 9 millimeter CX4 Storm
rifle, a Yugo rifle, a bayonet, and ammunition. Moreover, prosecutors note that
Abdullahu “admitted that he purchased approximately 2,500 rounds of ammunition
to be used by the Dukas and others.”
- Supplemental Memorandum of Law of the United States in Opposition to Defendant
Agron Abdullahu's Motion for Reconsideration of Denial of Bail According to this
filing, "on May 25, 2007, a corrections officer noticed that Abdullahu had
“etched into his cell door a depiction of an AK-47 machine gun firing bullets at
the words
‘FBI,’” as well as the words “Rainca Kosova UCK.” Prosecutors explained that
“UCK” is an acronym for the “Kosovo Liberation Army,” an “ethnic Albanian
paramilitary organization which fought for the independence of Kosovo from
Yugoslavia in the late 1990s. Some prominent KLA members have recently been
charged with committing war crimes. As recently as December 2006, the Albanian
National Army or AKSH, with which some
former KLA members appear to have been linked, has been involved in violent
attacks against legitimate police forces in Western Kosovo.” Court documents
further note that “although Abdullahu has publicly attempted to disassociate
himself with the KLA, his promotion of it paints a different picture.”
- Exhibit: Picture from Abdullahu's Cell of "Rainca Kosovo UCK" (Added 3/26/08)
- Exhibit: Picture from Abdullahu's Cell of AK-47 Firing at the Words "FBI"
(Added 3/26/08)
- Exhibit: Picture from Abdullahu's Cell of Tampered Light Switch (Added
3/26/08) Abdullahu removed a screw from the metal light switch plate in his room
and bent it from the wall. Officials feared he may have been attempting to
create a weapon with the plate.
- Superseding Information re: Abdullahu This document lays out the weapons
violations Abdullahu committed.
- DOJ Press Release on Abdullahu Guilty Plea Abdullahu pled guilty to weapons
charges in October 2007.
- Government Sentencing Brief re: Abdullahu (Added 3/26/08) Federal prosecutors
argue that the court "should sentence defendant [Agron] Abdullahu to a term of
imprisonment that is substantially greater than the advisory Sentencing
Guidelines calculation of 12 to 18 months." They write that "Abdullahu was
providing firearms to persons who expressed their devotion to jihad...Abdullahu
knew or should have known that the Dukas and Shnewer were using Abdullahu’s
firearms to prepare themselves to commit violent crimes against Americans or
American interests." The document continues, "during the 2006 Poconos trip, the
group practiced shooting various firearms at the firing range. As the group
practiced, they made repeated references to 'jihad' and yelled 'Allah Akbar,'
while one member also showed the others how to shoot 'mujahideen style.' Surely,
this conduct must have given defendant Abdullahu at least some indication that
certain of his companions viewed their time at the shooting range as not merely
amusement, but training for a specific purpose."
- Exhibit: February 1, 2007 Recorded Conversation (Added 3/26/08) In this
conversation, recorded by the FBI, Agron Abdullahu and the alleged Fort Dix
conspirators discuss purchasing weapons. Abdullahu informs the men that "when
you get the firearms ID card, they check your whole history...Interpol, they
check everything out, FBI background check." He complains, "even in f*cking
Jersey...when I buy a rifle it takes like f*cking 24 hours." Also in this
conversation, Abdullahu says, "yo, let's buy a high power rifle, with a f*cking
nice scope." Eljvir Duka replies, "I wanna train sniper." Then, when Dritan Duka
asks, "you think that we are terrorists?", Abdullahu responds, "maybe we are
terrorists, you don't know." At another point, Eljvir Duka states, "we need a
Taliban ruler" in Albania.
- Exhibit: February 1, 2007 Recorded Conversation (Added 3/26/08) In this
conversation, recorded by the FBI, Eljvir Duka asks whether it would be possible
to "hit the American soldiers in Iraq" with a certain weapon; his brother,
Dritan Duka, answers, "from a mile away." The men then talk about shooting
George Bush: "Do you think I can stand far enough from the White House? Do you
think I can hit George Bush..." Later, the men claim that American casualties in
Iraq have been dramatically understated and the U.S. media cannot be trusted
because, in the words of Agron Abdullahu, "it's all controlled by...the Jews."
Dritan Duka reports that he and his brother "look everywhere" for news from the
mujahideen in Iraq and believe that 40,000 U.S. soldiers have been killed. He
argues, "I have seen 3,000 just killed by only...[one] sniper." Turning to the
progress of the Taliban, Dritan says, "the Taliban are doing great and I give
you glad tidings that we are winning the war."
- Exhibit: February 6, 2007 Recorded Conversation (Added 3/26/08) Agron
Abdullahu displayed a strong interest in explosives. During interviews with
federal agents, he detailed how “he has used gun powder to blow up logs in his
back yard.” He “explained that he ignited the gun powder with a fusing system
that incorporated an extension cord and a ‘lighter-wire’ that he placed into an
electrical socket which heated the lighterwire which, in turn, ignited the gun
powder.” And during a February 2007 trip to the Poconos, Abdullahu discussed
explosives with members of the group; in this conversation, recorded by the FBI,
Abdullahu brags that he "can break into Home Depot and make a f*cking biggest
bomb..." He also points out that "you can make a bomb out of f*cking legal
f*cking ammonia." Nonetheless, he claims that "knowledge is power" and he does
not "want to use it for the wrong reasons."
- DOJ Press Release on Abdullahu Sentencing (Added 3/31/08) A federal judge
sentenced Agron Abdullahu to 20 months in federal prison for conspiring to
provide firearms and ammunition to illegal aliens involved in an alleged
conspiracy to attack the Fort Dix Army base in New Jersey. Advisory Sentencing
Guidelines called for a sentence of 12 to 18 months, but federal prosecutors had
argued that "Abdullahu was providing firearms to persons who expressed their
devotion to jihad...Abdullahu knew or should have known that the Dukas and
[Mohamad] Shnewer were using Abdullahu’s firearms to prepare themselves to
commit violent crimes against Americans or American interests."
- Search Warrant Affidavit - 2100 Tremont Street, Apartment C-14, Philadelphia,
PA (Serdar Tatar's Residence) (Added 7/19/08) In this document, FBI Special
Agent John J. Ryan explains that Tatar and his coconspirators "have expressed
their intent to engage in armed paramilitary style attacks on government
facilities in New Jersey and elsewhere."
- Search Warrant Inventory - 2100 Tremont Street, Apartment C-14, Philadelphia,
PA (Serdar Tatar's Residence) (Added 7/19/08) This document lists what federal
agents seized from Tatar's residence.
- FBI 302: May 9, 2007 (Added 7/19/08) This FBI document summarizes the events
of May 7, 2007, when federal agents raided Serdar Tatar's residence.
- Search Warrant Photos - Tatar's Residence (Added 7/19/08) These photos were
taken during the search of Serdar Tatar's residence. .50 caliber bullets can be
seen.
- FBI 302: July 31, 2006 (Added 7/19/08) This FBI report describes agents'
interactions with one of the informants.
- FBI 302: January 6, 2006 (Added 7/19/08) Philadelphia police officer Sean
Dandridge told FBI agents that Serdar Tatar approached him at a 7/11 and claimed
that a man from his mosque had asked him to provide a map of Fort Dix. He
claimed he "feared that the purpose for the map was terrorist related." In a
prior court filing, federal prosecutors described this as "a possible effort to
determine whether CW-1 [Omar] was a law enforcement officer..."
- FBI 302: January 7, 2006 (Added 7/19/08) Interviewed by the FBI, Serdar Tatar
described his contact with the informant, Omar, and Omar's request for a map of
Fort Dix.
- FBI 302: March 21, 2007 (Added 7/19/08) Philadelphia police officer Sean
Dandridge told FBI agents that he had spoken with Serdar Tatar about "employment
opportunities with the Philadelphia Police Department, Nassau County, NY Police
Department and Temple University Police Department."
- DOJ Letter to Troy Archie (Added 7/19/08) According to this filing, "two hard
drives located at the residence of Eljvir Duka and Shain Duka may contain
suspected child pornography."
- U.S. Government's Opposition to Strike Alleged Surplusage from the Superseding
Indictment (Added 7/19/08) Challenging the defendants' motion to strike language
in the superseding indictment regarding their "associations with the jihadist
teachings of al Qaeda and other radical Islamist organizations," DOJ wrote that,
"jihadist principles...caused the defendants to undertake the criminal conduct
charged in this case." The filing also reveals that "on August 1, 2006, Shnewer
quoted Usama Bin Laden as saying that the imprisonment of Omar Abdul Rahman must
be avenged." Moreover, "Shnewer told CW-1 that Shnewer owned a .357 magnum
revolver, and had considered camping near the 'Black House' [i.e., White House]
in an attempt to assassinate President Bush." And, "while conducting the
surveillance of the Air Force Base on August 13, Shnewer told CW-1 that Shnewer
was formulating an attack in which the conspirators would hijack a gasoline
tanker truck, drive it onto a military base, crash it, and cause it to explode.
This was not Shnewer’s original idea: one of the videos recovered from his
computer showed just such an attack in Iraq."
- United States' Memorandum of Law in Support of its Motion in Limine to Admit
Evidence A) Mohamad Shnewer's Conversations Regarding Violent Attacks on Various
Civilian Federal Facilities and B) Dritan Duka's Efforts to Obtain an AK-47
Machine Gun (Added 9/20/08) Federal prosecutors have revealed that Mohamad
Shnewer, indicted in New Jersey for his role in an alleged conspiracy to attack
Fort Dix, also discussed carrying out attacks on various civilian federal
facilities. In a court filing, DOJ wrote that Shnewer and an FBI informant (CW1)
"discussed attacking federal government buildings in downtown Washington, D.C.,
including the White House, the United States Capitol Building, and the
headquarters of the Federal Bureau of Investigation. Shnewer also discussed an
attack on the headquarters of the Central Intelligence Agency in Langley,
Virginia. Shnewer proposed to CW1 that the conspirators could pose as tourists
in order to gain entry to the White House." Shnewer later "told CW1 that it
would be easy to 'hit' the Philadelphia International Airport." Prosecutors
added that "the...defendants understood that...a successful raid on Ft. Dix
would confer greater prestige (in the eyes of their fellow jihadists) than an
attack on a civilian target. It would also have a more powerful propaganda
impact. After all, if the defendants could carry out a successful attack on a
military base, how could people working in less protected environments feel safe
in their own work places?"
- Exhibit: February 26, 2007 Recorded Conversation (Added 9/20/08) This recorded
conversation provides evidence of the Duka's interest in procuring an AK-47
assault rifle.
- Exhibit: March 15, 2007 Recorded Conversation (Added 10/18/08) In this
recorded conversation, Mahmoud Omar, Dritan Duka, and Burim Duka discuss AK-47
assault rifles.
- U.S. Government Memorandum of Law in Response to Defendant Shnewer's Motion in
Limine to Suppress Beheading Videos and Scenes, and Anti-Semitic Comments by
Defendants (Added 10/18/08) The U.S. government has filed a response objecting
to Mohamed Shnewer's argument that beheading videos found on his laptop should
not be admitted into court. The filing provides previously undisclosed details
about those videos, revealing that one "bears the logo of Al-Qaeda in Iraq" and
depicts the beheading of Jasim Muhammad Hussein Mahdi, who admitted fighting
with the coalition. The beheadings of Nicholas Berg and Jack Hensley were also
found on the computer. Shain and Eljvir Duka's computer contained an Ansar
Al-Sunna Army that showed the beheading of two "spies" for the army. The
government argued that "The evidence at issue here demonstrates that, in
addition to videos of attacks on American soldiers, the defendants actively
employed the beheading videos, which were produced by the same entities or
aligned entities as those which produced the videos of attacks on soldiers, to
further their jihadist-inspired crimes." Further, "the defendants’ downloading,
viewing, sharing, and discussions of the beheading videos, accompanied by
laughter and taunting, are highly relevant to their state of mind while
discussing and plotting the charged crimes, and particularlytheir intent to
commit those crimes."
- Exhibit: Recorded Conversations re: Beheading Videos (Added 10/18/08) The U.S.
government entered into evidence a number of recorded conversations pertaining
to the beheading videos. For instance, in a September 25, 2006 conversation
Dritan Duka and cooperating witness Besnik "Bakalli discussed the beheading
videos. Dritan asked Bakalli if he had seen 'the one with the beheading.'
Bakalli replied that he had and asked Dritan why the beheading had occurred.
Dritan replied, 'Because [the victims] were spies. . . . Those that work with
Americans. Spies, they cut their heads.' When Bakalli told Dritan that he could
not sleep after watching the video, Dritan responded that, at first, 'I couldn’t
take it. Now I see it and it’s nothing, I do not care. I saw hundreds being
beheaded.' Dritan explained that beheading was carried out routinely in Iraq,
but admitted that he did not know if he could personally perform a beheading."
- Exhibit: Recorded Conversations re: Jews (Added 10/18/08) In a filing attached
to this exhibit, DOJ writes that "although Shnewer occasionally railed against
Jewish and Christian religious beliefs during the recorded conversations, the
most probative remarks are those which demonstrate Shnewer’s and Eljvir Duka’s
deep-seated hatred of Zionism, the political movement which espouses that the
Jewish people are entitled to their own country in the area of historic Israel,
their Biblical homeland. Read in context, Shnewer’s and Eljvir Duka’s
anti-Zionist remarks are relevant to prove that at least part of their
motivation to commit the charged crimes was their desire to 'avenge' the
supposed crimes of Zionism against the Palestinian Arabs. Shnewer is himself a
Palestinian Arab." In this conversation, "Shnewer recounted a conversation he
supposedly had with a Jewish man who had suggested to Shnewer that Jews and
Arabs could live in peace in the Middle East. According to Shnewer, he rebuked
that man with charges that the Jews had stolen the Palestinians’ homeland during
the 1948 Israeli War of Independence, and had committed atrocities against
Arabs, including cutting babies from the wombs of pregnant Arab women."
- Order Denying Motion to Suppress Beheading Videos and Scenes, and Anti-Semitic
Comments xhibit: Recorded Conversations re: Jews (Added 10/18/08) A judge
rejected defense efforts to suppress the beheading videos and anti-semitic
comments.
- NEFA "Target: America" Report "The Fort Dix Plot"
•United States v. Mohamed Shorbagi (HLF donor; material support to Hamas)
- Criminal Information (Added 7/28/08) In August 2006, Mohamed Shorbagi was
charged with providing material support to Hamas.
- Plea Agreement (Added 12/20/07) In October 2006, DOJ announced that Mohamed
Shorbagi had pled guilty to providing material support to Hamas. According to
DOJ, "SHORBAGI provided the support through donations to the 'Holy Land
Foundation for Relief and Development' (HLF), knowing that some or all of the
money was in fact destined for HAMAS. SHORBAGI knew that money provided to HLF
was actually funneled to HAMAS in part because he was a Georgia representative
for HLF and he had attended HLF meetings at which high-level HAMAS officials
made presentations condemning Israel. SHORBAGI also had hosted high-level HAMAS
officials at the Rome, Georgia mosque at which he served as Imam."
- DOJ Press Release on Guilty Plea (Added 12/20/07)
- DOJ Press Release on Sentencing (Added 12/20/07) In February 2007, Shorbagi
was sentenced to seven years, eight months in federal prison.
- (Ashqar/Marzook) U.S. Government Response to Defendant's Post-Trial Motions
(Added 7/28/08) This filing in a Chicago terrorism case stated, "Ashqar’s links
to and activities for Hamas reflecting his prior criminal conduct and his
investigatory significance to the grand jury is further evidenced in the
Hamas-related documents Ashqar transmitted to Mohammad Shorbagi that were
admitted at trial. Shorbagi testified at trial to his own long time affiliation
with Hamas that included providing money to a U.S.-based Hamas charity front for
the specific purpose of financing Hamas military activities overseas.6 In the
instant case, Shorbagi testified about secret Hamas-related sessions in the U.S.
that he attended with, among others, defendant Ashqar. The main speakers at the
sessions were Hamas leaders Khaled Misha’al and Mousa Abu Marzook. Both speakers
promoted and solicited active support for the continuation of Hamas violent
resistance against Israel. In August 1995, after Hamas had been designated as a
foreign terrorist organization by the United States, Ashqar used Shorbagi as an
intermediary to pass a parcel containing archival Hamas materials through the
U.S. mails to another Hamas associate. The parcel, (Gov. Trial Ex. Shorbagi
Search Documents Group), contained copies of, among other items, Israeli
confessions of Muhammad Salah and Mahmoud Ramahieh and Muhammad Jarad’s
indictment and Israeli confession all of which Ashqar had collected and archived
for Hamas in America."
•United States v. Adnan El Shukrijumah (Al-Qaida operative)
- FBI: Seeking Information (Added 7/31/08) The FBI is seeking information on
Adnan El Shukrijumah, who "speaks English and carries a Guyanese passport, but
may attempt to enter the United States with a Saudi, Canadian, or Trinidadian
passport." He is wanted in connection with possible terrorist threats against
the United States.
- Rewards for Justice Page (Added 7/31/08) According to this document, "On March
26, 2003 the United States District Court for the Eastern District of Virginia
issued a Material Witness Warrant for his arrest."
- Tennessee Bureau of Investigation Page (Added 7/31/08)
- Director of National Intelligence Information (Added 7/31/08) According to the
DNI, "Jafar al-Tayyar was described by Abu Zubaydah who named him as one of the
most likely individuals to be used by al-Qa'ida for operations in the United
States or Europe. Other detainees added more details, helping us confirm that he
is an al-Qa'ida operative and uncover his true name. As a result, a $5 million
reward has been posted for information leading to the capture of Adnan El
Shukrijumah, who remains at large."
- DOJ Briefing on Jose Padilla (Added 7/31/08) When presenting information on
Jose Padilla, DOJ official James Comey discussed Shukrijumah as well, "Atef then
sent Padilla to a training site near the Kandahar airport, where Padilla would
train under the watchful eye of an al Qaeda explosives expert and be trained
with a man who was to be his partner in this mission to destroy apartment
buildings, another al Qaeda operative. When Padilla saw this other operative, he
recognized him immediately because he had known him from Florida. Padilla and
the other operative trained under the guidance of this explosives expert and
learned about switches and circuits and timers. They learned how to seal an
apartment to trap the natural gas and to prepare an explosion using that gas
that would have maximum yield and destroy an apartment building. I told you that
Padilla recognized this other al Qaeda expert who...was to be his partner,
recognized him immediately...that other operative was Adnan Shukrijuma, also
known as Jafar or Jafar the Pilot...Padilla and Jafar, though, could not get
along. That personality conflict led them to abandon this operation, although
only temporarily, after Padilla reported to Atef that he didn't think he could
work with Jafar and he couldn't work this operation alone."
- Declaration of Jeffrey Rapp - Director Joint Intelligence Task Force for
Combating Terrorism (Added 7/31/08) This document, filed in the Jose Padilla
case, also includes information on the Padilla/Shurkijumah relationship.
- Transcript of FBI Released Video (Added 7/31/08) The FBI released a "videotape
of Adnan G. El Shukrijumah giving a presentation regarding how to jump start a
car for a class on 'English as a Second Language'. He is in a classroom,
standing in front of a blackboard which shows drawings of two car batteries. He
has a real set of jumper cables in the classroom for display." This is the
transcript of the tape.
- Government’s Reply Memorandum in Support of its Motion for an Anonymous Jury,
in Opposition to Defendant Ibrahim’s Motion to Compel and in Support of
Admission of Redacted Statements of the Defendants – U.S. v. Defreitas et al.
(Added 4/12/10) A newly filed document in the prosecution of the JFK plotters
reveals that “The government intends to offer evidence at trial demonstrating
that the defendants attempted to secure the financial and operational support of
various terrorist individuals, including Adnan Shukrijumah, an Al-Qaeda
operative from the Caribbean region, and various terrorist organisations,
including the [Jaamaat-al-Muslimeen].”
- Superseding Indictment: Adnan Shukrijumah er al. (Added 7/14/10) In a newly
unsealed superseding indictment, DOJ revealed "that the plot against New York’s
subway system uncovered in September 2009 involving Colorado resident Najibullah
Zazi was directed by senior al-Qaeda leadership in Pakistan, and was also
directly related to a scheme by al-Qaeda plotters in Pakistan to use Western
operatives to attack a target in the United Kingdom." Further, "the plot
involving Zazi was organized by Saleh al-Somali, Rashid Rauf, and [Adnan] El
Shukrijumah, who were then-leaders of al-Qaeda’s "external operations" program
dedicated to terrorist attacks in the United States and other Western
countries." "According to the indictment, El Shukrijumah recruited Zazi,
Ahmedzay, and Medunjanin to return to the United States and conduct terrorist
attacks there." Also indicted were Abid Naseer and Tariq Ur Rehman, who, "On
April 8, 2009...were arrested in the United Kingdom on terrorism charges. In
connection with the arrests, U.K. authorities conducted searches of the
plotters’ homes, where they found large quantities of flour and oil, as well as
surveillance photographs of public areas in Manchester and maps of Manchester’s
city center posted on the wall, with one of the locations from the surveillance
photographs highlighted. Naseer is currently in custody in the United Kingdom.
The United States intends to seek his extradition to face trial. Rehman is not
in custody.
- Felony Child Abuse and Battery Charge (Added 7/14/10) Shukrijumah was charged
under the name "Jumah Adnan Elshukri" with felony child abuse and battery
offenses in Broward County, Florida in 1997.
- 9/11 and Terrorist Travel: Staff Report of the National Commission on
Terrorist Attacks Upon the United States (Added 7/14/10) According to a report
by the 9/11 Commission staff, "On May 2, 2001, [9/11 hijacker Mohammed] Atta and
two companions stood in a long line at the Miami District Immigration
Office...Atta had something else in mind. He wanted his companion, who was
likely [Ziad] Jarrah, to obtain the same eight-month length of stay that he had
(wrongfully) received in January." A footnote adds that, "In regard to the
identification of Atta’s companions, the inspector identified two of three. She
said all three had olive skin tone and dark features...When the FBI’s Most
Wanted photo of Adnan G. El Shukrijumah appeared on the inspectors’ bulletin
board after September 11, and after the FBI interviewed her, the inspector says
she told her supervisor at the port that she was '75 percent sure' that she
could identify the man who was with Atta as Shukrijumah. In checking
Shukrijumah’s immigration status, she learned that he was a legal resident and
had worked in south Florida. Information about the September 11 plot has not to
date associated Shukrijumah with the plot."
•United States v. Ruben Shumpert (Dealing in counterfeit currency; leader of
Seattle-area group that supported jihad):
- Indictment: 2004 (Added 7/29/08) In November 2004, Ruben Shumpert (a.k.a. Amir
Abdul Muhaimin) was indicted in Seattle for dealing in counterfeit U.S.
currency.
- Shumpert Letter to Judge (Added 7/29/08) Shumpert wrote a 12 page letter to
the judge in his case.
- U.S. Government Sentencing Memorandum (Added 7/29/08) DOJ provided background
on the case in this filing: "This case began based on information that a group
of men in the Rainier Valley in Seattle professed to be followers of the Muslim
faith and spoke in bellicose terms using jihad rhetoric...the FBI initiated an
investigation using confidential sources to form associations with the group
members and to report their observations to the FBI...Fortunately, it was
eventually determined that individuals in the group were unable or unwilling to
engage in acts of terrorism. However, several individuals were indicted for bank
fraud, others for document fraud, and still others for firearms violations. The
defendant fell into the latter group." Further, "as the investigation unfolded,
it became clear that the defendant fancied himself the leader of the group. He
operated the Crescent Cuts Barber Shop..The shop served as a casual meeting
place for the group and like-minded individuals, mostly African American men
with criminal histories who had converted to Islam, either in prison or after
contact later with prison converts. According to the FBI sources, the
conversations at the barber shop often turned to militancy and the need to be
ready for jihad against the 'kafir,' or non-believers. The acquisition of
firearms was a frequent topic of conversation in that connection...Conversations
in the defendant’s shop also featured open support for jihad, as well as the
desire and duty of Muslims to travel to Iraq, Sudan and Afghanistan to fight
alongside their Muslim brothers. In addition, there were frequent derogatory
references to Jews. Finally, the defendant maintained in his computer in the
barbershop several jihad motivational DVDs which he encouraged others to view.
If youngsters came in to play video games he would encourage them first to view
the motivational DVDs. The subject matter of the DVDs included a glowing tribute
to the '19 Martyrs,' referring to the 9-11 terrorists; a 'Dirty Kafir' rap song
in which the performers urged 'jihad against the Crusaders,' 'send the U.S. home
in body bags' and 'be prepared to fight the infidels;' six Chechen productions
one of which showed the assembly of a roadside bomb and featuring very graphic
film of mangled corpses; and other DVDs urging the massacre of 'unclean
unbelievers,' graphic footage of pro-Palestinian propaganda entitled 'Ideal
Terrorism,' and other DVDs which encouraged killing of 'kafir,' meaning those
who are not Muslims. Moreover, the sources reported that the defendant
encouraged an atmosphere of violence to pervade the barber shop. Anyone who
disagreed with the defendant were threatened and intimidated. In one instance, a
man and his wife, who were the owners of a restaurant located below the second
story barber shop, were assaulted by thugs incited by the defendant because they
were not perceived to be 'good Muslims.' Another individual reported that the
defendant twice beat him up for an imagined slight. The defendant in his
leadership role maintained contacts with local gangs such as the Deuce 8' s and
the United Latinos."
- Complaint (Added 7/29/08) After Shumpert pled guilty to dealing in counterfeit
U.S. currency in September 2006, he fled to Somalia. He called an FBI Special
Agent investigating his case and made "veiled threats" on his life. Robert Walby
wrote that Shumpert said "that he and I were in a battle and that we were sworn
enemies from this day forward. He then added that he and his Muslim associates
would destroy everything the United States stood for."
- Indictment: 2006 (Added 7/29/08) In November 2006, Shumpert was indicted for
fleeing the country.
•United States v. Aafia Siddiqui (Al-Qaida facilitator; Attempted murder of U.S.
officers):
- Complaint (Added 8/5/08) Aafia Siddiqui, a Pakistani who studied at MIT and
Brandeis, was allegedly arrested on July 17, 2008, by the Afghanistan National
Police outside the Ghazni governor's compound. When she was searched, "they
found numerous documents describing the creation of explosives, as well as
excerpts from the Anarchist's Arsenal. Siddiqui's papers included descriptions
of various landmarks in the United States, including in New York City. Siddiqui
was also in possession of substances that were sealed in bottles and glass
jars." While in custody, Siddiqui seized a U.S. Warrant Officer's M-4 rifle and
fired at least two shots at U.S. military personnel but no one was hit. As DOJ
explained, "the Warrant Officer returned fire with a 9 mm service pistol and
fired approximately two rounds at Siddiqui's torso, hitting her at least once."
Siddiqui is charged in a criminal Complaint filed in the Southern District of
New York with one count of attempting to kill United States officers and
employees and one count of assaulting United States officers and employees.
- DOJ Press Release on Complaint (Added 8/5/08)
- Indictment (Added 9/2/08) Aafia Siddiqui has been indicted in New York and
charged with: (1) one count of attempting to kill United States nationals
outside the United States; (2) one count of attempting to kill United States
officers and employees; (3) one count of armed assault of United States officers
and employees; (4) one count of using and carrying a firearm during and in
relation to a crime of violence; and (5) three counts of assault of United
States officers and employees. According to DOJ, Siddiqui "resided in the United
States from in or about 1991 until June 2002, and obtained degrees from the
Massachusetts Institute of Technology and Brandeis University. Siddiqui returned
to the United States on December 25, 2002, and departed on January 2, 2003."
- DOJ Press Release on Indictment (Added 9/2/08)
- DOJ Filing Re: Mental Competency (Added 9/25/08) In a filing in federal court,
prosecutors in the Aafia Siddiqui case wrote that "there is reasonable cause to
believe that the defendant may be suffering from a mental disease or defect
rendering her incompetent to enter a plea or stand trial." Thus, the U.S.
government requested a psychiatric examination for Siddiqui, which the judge has
granted.
- Ruling: Siddiqui Unfit for Trial (Added 11/17/08) Mental health personnel at a
federal facility in Carswell, Texas concluded that Aafia Siddiqui, charged in
New York with attempting to kill United States officers and employees, “is not
currently competent to proceed as a result of her mental disease, which renders
her unable to understand the nature and consequences of the proceedings against
her or to assist properly in her defense.”
- U.S. Government Psychiatrists: Siddiqui is Fit for Trial (Added 3/28/09) DOJ
filed a letter in New York federal court revealing that two psychiatrists
retained by the U.S. government concluded that “Aafia Siddiqui presently is
competent to stand trial.” One psychiatrist noted that Siddiqui’s “‘lack of
cooperation’ in the evaluation process ‘is volitional and not a symptom of
mental illness.’ Rather it is consistent with malingering.’” The other wrote
that Siddiqui “has most likely fabricated reported psychiatric symptoms to give
credibility to her claims that she suffers from a mental disorder.” Further,
Siddiqui’s “malingered symptoms have provided a dual solution in that a finding
of incompentency could serve to both prevent prosecution while at the same time
facilitating rapid repatriation.”
- FBI: Seeking Information (Added 7/29/08) The FBI released this poster, seeking
information on Siddiqui, who was born March 2, 1972. Siddiqui has yet to be
charged in the U.S. She is Pakistani and studied at MIT and Brandeis.
- Special Court for Sierra Leone: Office of the Prosecutor: Profile (Added
7/29/08) Siddiqui was allegedly involved in evaluating the possibility of
purchasing diamonds in Sierra Leone.
- DOJ Press Release re: Uzair Paracha Conviction (Added 7/29/08) Announcing the
conviction of Uzair Paracha on terrorism charges following his trial in New
York, federal prosecutors stated, "On March 28, 2003, agents and detectives of
the New York Joint Terrorist Task Force located and interviewed Paracha
extensively regarding his connections to [Majid] Khan and ['Ammar] Al-Baluchi,
and his efforts to assist them. Task Force members subsequently found in
Paracha's belongings a number of identification documents belonging to Khan,
including Khan’s drivers license, Khan’s Social Security card, Khan’s bank card,
and a handwritten list of instructions from Khan directing Paracha on how to
pose as Khan when making inquiries with the INS. Also in Paracha's possession
was a key to a post office box opened in Khan’s name by Aafia Siddiqui in
Maryland, which Paracha was to check to see if Khan’s immigration documents had
been delivered."
- Director of National Intelligence Biography of Majid Khan (Added 7/29/08) The
Director of National Intelligence asserted that Majid Khan, currently held at
Guantanamo Bay, "had links to al-Qa'ida operatives and facilitators, most
notably, Aafia Siddique, a US-educated neuroscientist and al-Qa'ida facilitator,
who assisted Majid with documents to hide his travel to Pakistan from US
authorities to reenter the United States."
- Director of National Intelligence Biography of 'Ammar al-Baluchi (Added
7/29/08) The Director of National Intelligence reported that in 2002, 'Ammar
al-Baluchi, currently held at Guantanamo Bay, "directed Aafia Siddiqui - a
US-educated neuroscientist and al-Qa'ida facilitator - to travel to the United
States to prepare paperwork to ease Majid Khan's deployment to the United
States. 'Ammar married Siddiqui shortly before his detention."
- Testimony of Paul Rosenzweig Before the U.S. Senate Judiciary Subcommittee on
Human Rights and the Law (Added 7/29/08) Paul Rosenzweig, then-Deputy Assistant
Secretary for Policy, U.S. Department of Homeland Security, testified before the
U.S. Senate Judiciary Subcommittee on Human Rights and the Law about "an alien
who was a former board member, fundraiser, and donor to the Benevolence
International Foundation (BIF), whose associates in the United States included
Aafia Siddiqui (placed on the Federal Bureau of Investigation’s Most Wanted
Terrorists list after 9/11 for assisting Al Qaeda), as well as members of the
'Portland 7,'..."
- CARE International Filing (Added 7/29/08) Prosecutors in the case against
former CARE International officials wrote, "Aafia Siddiqui - One of Muntasser's
contemporaries, an individual who also participated in Al Kifah/Care’s orphan
sponsorship program, is currently one of the most sought people in the world.
[Ex. 286 p.8 (Automatic Withdrawal records of Care International entitled
Al-Kifah Refugee Center November 23, 1993); Sentencing Exhibit P (FBI Seeking
Information Notice)]."
- Dr. Leslie Powers Evaluation: November 2008 (Added 7/20/09) In this November
2008 report, Dr. Leslie Powers concluded that “Siddiqui is not currently
competent to proceed as a result of her mental disease, which renders her unable
to understand the nature and consequences of the proceedings against her or to
assist properly in her defense.”
- Dr. Leslie Powers Evaluation: May 2009 (Added 7/20/09) In this May 2009
report, Dr. Leslie Powers concluded that “Based on a review of this case, it is
my opinion that Ms. Siddiqui currently meets the diagnostic criteria for
Malingering”, which “is the intentional production of or grossly exaggerated
psychological symptoms motivated by external incentives such as evading criminal
prosecution.” Thus, in her opinion, “Siddiqui is currently competent to stand
trial.” Notably, Siddiqui “gave some indication of her whereabouts” from 2003
until her arrest in 2008 when she was interviewed by the FBI: “In 2005, she
reported living with the Khawaja family and working at the Karachi Institute of
Technology. In the Winter of 2007, she reported an attempt to look for her
husband in Afghanistan and staying in Quetta…Mohammad Amjad Khan, Ms. Siddiqui’s
ex-husband, reported seeing either Ms. Siddiqui or their children on several
occasions in 2003, 2004, and 2005...While her accounts of her times are
incomplete, her statements and other facts gathered seem to corroborate that she
was not held captive from 2003 until 2008.”
- Dr. Gregory Saathoff Evaluation (Added 7/20/09) In this March 2009 report, Dr.
Gregory Saathoff concluded that “Siddiqui is competent to stand trial and does
not suffer from any mental illness that would preclude her from assisting her
attorneys, should she desire to do so…I am in agreement with her treating
psychiatrist and evaluating psychologist that she has most likely fabricated
reported psychiatric symptoms to give credibility to her claims that she suffers
from a mental disorder.” This report also contains significant biographical
information about Siddiqui.
- Dr. Thomas Kucharski Evaluation (Added 7/20/09) Dr. Thomas Kucharski
determined that Siddiqui “presents with a delusional disorder paranoid type and
significant depression” and is thus “not competent to stand trial.” Further,
“she believes that the outcome of her trial is predetermined, that she will get
the death penalty and… there is no need to go to trial or work with her
attorneys in her defense because of this predetermination.” Siddiqui refused to
disclose her whereabouts for the five year period prior to her arrest in the
evaluation.
- Opinion: Siddiqui Competent to Stand Trial (Added 7/30/09) In a ruling in New
York federal court, Judge Richard Berman determined that Aafia Siddiqui “is
competent to stand trial by a preponderance of the evidence. Dr. Siddiqui has
sufficient present ability to consult with her lawyers with a reasonable degree
of rational understanding and she also has a rational as well as a factual
understanding of the proceedings against her. The Court concludes that she
understands the nature of the charges and can assist counsel with her defense.”
- DOJ Press Release on Conviction (Added 2/04/10) Aafia Sidiqui,a Pakistani who
studied at MIT and Brandeis and who has been identified by the U.S. government
as an "al-Qa'ida facilitator", was found guilty of the attempted murder and
assault of U.S. nationals in Afghanistan in connection with her attempt to kill
the FBI and U.S. Army personnel guarding her in Afghanistan following her arrest
there. NEFA has made available numerous documents relating to Siddiqui and her
associates.
•United States v. Shahawar Matin Siraj & James Elshafay (Herald Square subway
plot):
- Superseding Indictment (Added 12/20/07) This superseding indictment, filed in
Brooklyn federal court in March 2006, alleged that Siraj conspired to bomb the
Herald Square subway station in Manhattan.
- DOJ Press Release on Siraj Conviction (Added 12/20/07) In May 2006, Siraj was
convicted of conspiring to plant explosives at the 34th street subway station.
His coconspirator James Elshafay pled guilty in October 2004 to conspiring to
damage or destroy a subway station by means of an explosive. DOJ stated, "At
trial, the government established that SIRAJ and Elshafay plotted to plant
explosive devices at the Herald Square subway station in order to disrupt
commerce and transportation in New York City and damage the economy. The jury
heard hours of secretly recorded conversations between SIRAJ and Osama
Eldawoody, an Egyptian nuclear engineer who became a paid informant for the New
York City Police Department’s Intelligence Division, in which SIRAJ declared his
hatred for America and openly discussed his desire to place explosives on
various bridges and in subway stations in New York City, including his plan to
bomb the subway station at 34th Street. In furtherance of their scheme, SIRAJ
and Elshafay drove to the subway station on August 21, 2004, entered and
inspected the station, and then returned to their car and drew diagrams of the
location in order to help them later place a bomb. At the time they were
arrested on August 27, 2004 neither SIRAJ nor Elshafay was in possession of any
explosive material."
- DOJ Press Release on Siraj Sentencing (Added 12/19/07) In January 2007, Siraj
received a thirty year prison sentence.
- Second Circuit Court of Appeals Opinion (Added 7/20/08) The Second Circuit
Court of Appeals upheld the conviction of Shahawar Matin Siraj, who was
sentenced to thirty years in prison in January 2007 for conspiring to plant
explosives at the 34th street subway station in Manhattan. Details of the plot
are outlined in the NEFA "Target: America" report "The Herald Square Plot."
- NEFA Foundation "Target: America" Report "The Herald Square Plot"
•United States v. Riad Skaff (O'Hare employee; Bulk cash and military gear
smuggling)
- Complaint (Added 7/10/08) Riad Skaff, a naturalized U.S. citizen from Lebanon,
"was employed by Sunline Services ('Sunline'), a subcontractor for Air France,
at O’Hare International Terminal 5 from 1999, until his arrest on January 28,
2007. Defendant worked as a ground services coordinator for Air France, was
assigned an active airport security badge and was allowed full access to all
secure areas of Terminal 5...In 2005, an ICE undercover agent ('UCA') was
introduced to defendant as someone who worked for Air France and could arrange
for the smuggling of large amounts of cash onto international Air France flights
for a fee." According to DOJ, "in December 2005, Skaff accepted $6,000 from the
undercover agent to circumvent airport security to help smuggle $100,000 in
cash, along with a military-grade cellular phone jammer, aboard an Air France
flight to Paris. In November 2006, Skaff accepted $15,000 from the undercover
agent to route $271,000 in cash past airport security so it could be smuggled
aboard an Air France flight to Paris. In January 2007, Skaff accepted $5,000
from the undercover agent to bring a bag containing four night vision rifle
scopes and two military night vision goggles past airport security to be
smuggled aboard an Air France flight to Paris."
- Indictment (Added 7/10/08) In February 2007, Skaff was indicted on nine counts
for bulk cash smuggling; entering an aircraft and airport area in violation of
applicable security requirements with the intent to commit a felony; exporting
and attempted export of defense articles without first obtaining a required
export license from the State Department; and attempted international export of
merchandise, articles, and objects contrary to U.S. law.
- Sentencing Memorandum (Added 7/10/08) Federal prosecutors wrote that "the
smuggling of those prohibited defense items, knowing they were destined for
Lebanon, a war-torn country besieged by the militant terrorist organization,
Hezbollah, clearly posed a significant threat to the security and foreign policy
interests of
the United States."
- Declaration of Colonel Kevin McDonnell (Added 7/10/08) McDonnell, Director of
the Washington Office of Special Operations Command, stated that "one of the
most significant advantages of our military is its ability to effectively
maneuver and fight at night." He added that "the particular night vision
equipment at issue in this case...are the type of equipment which Hezbollah and
other terrorist organizations seek and which we must keep out of their hands."
- DOJ Press Release on Sentencing (Added 7/10/08) Skaff was sentenced to two
years in prison in July 2008.
•United States v. Hosam Maher Husein Smadi (Dallas bomb plot):
- Complaint (Added 9/27/09) In September 2009, Hosam Maher Husein Smadi, a 19
year old Jordanian citizen who was in the U.S. illegally, was arrested and
charged after he placed an inert/inactive car bomb near Fountain Place, a
60-story glass office tower in downtown Dallas. According to DOJ, “Smadi was
discovered by the FBI espousing his desire to commit significant acts of
violence. Smadi stood out because of his vehement intention to actually conduct
terror attacks in the U.S…Undercover FBI agents, posing as members of an al
Qaeda ‘sleeper’ cell, were introduced to Smadi, who repeatedly indicated to them
that he came to the U.S. for the specific purpose of committing ‘Jihad for the
sake of God.’…The investigation determined Smadi was not associated with other
terrorist organizations.” DOJ continued, “Throughout the investigation,
undercover FBI agents repeatedly encouraged Smadi to reevaluate his
interpretation of jihad, counseling him that the obligations a Moslem has to
perform jihad can be satisfied in many ways. Every time this interaction
occurred, Smadi aggressively responded that he was going to commit significant,
conspicuous acts of violence as his jihad.” Then, “In late August 2009, while
meeting with one of the undercover FBI agents in Dallas, Smadi discussed the
logistics and timing of the bombing, stating that he would have preferred to do
the attack on ‘11 September,’ but decided to wait until after the month of
Ramadan, which ended on September 20, 2009. At the conclusion of the meeting,
Smadi decided that a vehicle-borne improvised explosive device (VBIED) would be
placed at the foundation of the Fountain Place office tower. Unbeknownst to
Smadi, the FBI ensured the VBIED contained only an inert/inactive explosive
device which contained no explosive materials.”
- DOJ Press Release on Complaint (Added 9/25/09)
- Indictment (Added 10/14/09) Hosam Maher Husein Smadi has been indicted by a
Texas grand jury in connection with his attempt to bomb a skyscraper in downtown
Dallas. He was charged with attempted use of a weapon of mass destruction and
bombing a place of public use after he activated a timer connected to an inert
vehicle borne improvised explosive device located inside a parking garage
directly beneath a public building located at 1445 Ross Avenue on September 24,
2009.
- DOJ Press Release on Indictment (Added 10/14/09)
- DOJ Press Release on Guilty Plea (Added 5/27/10) Hosam Maher Husein Smadi, a
19 year old Jordanian citizen who was in the U.S. illegally, admitted he planned
to place a car bomb near a skyscraper in downtown Dallas. According to DOJ,
"Smadi knowingly drove the truck containing the bomb to Fountain Place, a
60-story public office building located at 1445 Ross Avenue in Dallas, and
parked it in the public parking garage under the building. After parking the
truck, Smadi activated a timer connected to the device, locked the truck and
walked away. Smadi walked out of the parking garage, crossed the street and got
into a car with an undercover law enforcement agent. They drove a safe distance
away and prepared to watch the explosion. Smadi, who believed the bomb would
explode and cause extensive damage, used a cell phone to remotely activate the
device." The device was inert and provided by federal investigators.
•United States v. Nabil Soliman (Sadat assassination; Muslim Brotherhood
member):
- Testimony of Former INS Commissioner James Ziglar Before the 9/11 Commission
on Deportation (Added 4/19/08) According to former INS Commissioner James
Ziglar, "on June 12, 2002, Nabil Soliman was removed to Egypt after apprehension
and removal proceedings undertaken by the INS. Soliman was suspected of active
participation in the 1981 assassination of Egyptian President Anwar Sadat. The
Government of Egypt had sought Soliman for over 17 years as a result of his 1984
conviction in absentia for his part in the crime. Soliman was believed to be a
member of the radical fundamentalist group, the Muslim Brotherhood."
•United States v. Dani Nemr Tarraf et al. (Anti-aircraft missiles scheme):
- Complaint (Added 11/24/09) Federal prosecutors in Philadelphia indicted Dani
Nemr Tarraf, charging him with conspiring to acquire anti-aircraft missiles
(FIM-92 Stingers) and conspiring to possess machine guns (approximately 10,000
Colt M4 Carbines). Tarraf was interested in exporting the materials to Syria or
Iran for use by “the Resistance” and inquired about shooting “down an F-16” or a
helicopter. As DOJ noted, "Tarraf and other defendants—including Douri Nemr
Tarraf, Hassan Mohamad Komeiha, and Hussein Ali Asfour—were charged with
conspiring to transport stolen goods. Dani Nemr Tarraf and Ali Fadel Yahfoufi
were charged with conspiring to commit passport fraud."
- DOJ Press Release on Complaint (Added 11/24/09)
- Indictment (Added 12/12/09)
- DOJ Press Release on Indictment (Added 12/12/09)
- Government's Motion for Pretrial Detention (Added 12/12/09) According to a
recently filed DOJ document, Dani Nemr Tarraf, indicted in Pennsylvania for
conspiring to acquire anti-aircraft missiles and other weapons, has "admitted
that he was working with others to acquire massive quantities of weapons for the
benefit of Hizballah...Tarraf admitted that he was a member of Hizballah and
that he had received military training from the organization." Moreover, "In or
about May 2008, Tarraf claimed in a recorded conversation that there were 130
people around the world who worked for him."
- Exhibit: Photo of Tarraf with Machine Gun (Added 12/12/09)
- Exhibit: Photo of Tarraf with Anti-Aircraft Missile (Added 12/12/09)
•United States v. Zeinab Taleb-Jedi (Attended a Mujahedin-e Khalq training
camp):
- Indictment (Added 4/9/08) Taleb-Jedi, a United States citizen, was indicted in
Brooklyn, New York in September 2006 on federal charges of providing material
support to a designated foreign terrorist organization, the Mujahedin-e Khalq
(MEK), by attending a MEK training camp in Iraq in 1999. According to DOJ,
"during Operation Iraqi Freedom, Taleb-Jedi was discovered by coalition forces
in an MEK training camp called Ashraf Base, which is 65 kilometers northwest of
Baghdad. The MEK, also known as the People's Mujahedin of Iran, was first
designated as a foreign terrorist organization by the State Department in 1997."
- DOJ Press Release on Indictment (Added 4/9/08)
- Affidavit of FBI Special Agent Mark Broihier (Added 4/9/08) This document,
citing interviews with a confidential informant, asserts that Taleb-Jedi was a
member of the MEK's military leadership council.
- ACLU Brief in Support of Defendant (Added 4/9/08) The ACLU writes that "Ms.
Taleb-Jedi’s indictment is fatally flawed under the First and Fifth Amendments
because: (i) the statutory scheme under which she is charged does not require
the government to show she had specific intent to engage in illegal activity,
and (ii) the statutory scheme prohibits her from challenging the designation of
MEK as an FTO, even though, but for the designation, her activity would be
lawful and protected by the First Amendment."
•United States v. Ali Al-Timimi ("Paintball jihadis" spiritual mentor;
soliciting others to wage war against the U.S.):
- Indictment (Added 12/20/07) Al-Timimi, a Virginia imam and the spiritual
mentor of the "paintball jihadis", was indicted on a number of charges,
including soliciting others to wage war against the United States and attempting
to aid the Taliban. DOJ alleged that on September 16, 2001, at a meeting in
Fairfax, Virginia, he told a number of his followers that "the time had come for
them to go abroad to join the mujahideen engaged in violent jihad in
Afghanistan." He also "told the gathered individuals considering whether to
obtain military-style training from Lashkar-e- Taiba in Pakistan that the
organization was on the correct path." A number of those followers, who have
since been convicted on terrorism charges, proceeded to travel to Pakistan to
attend Lashkar-e-Taiba training camps.
- DOJ Press Release on Conviction (Added 12/20/07) In April 2005, Al-Timimi was
convicted on an array of counts, including soliciting others to wage war against
the United States. NEFA Senior Investigator Evan Kohlmann testified as an expert
witness in this trial.
- Article Celebrating the Crash of the Space Shuttle Columbia (Added 8/18/09) In
this article, Al-Timimi glorified the crash of the United States Space Shuttle
Columbia as a sign from God that “overjoyed” the “heart of each believer” and
signaled the end of American supremacy. According to declassified conversations
intercepted pursuant to the Foreign Intelligence Surveillance Act ('FISA') which
were introduced at his trial, Al-Timimi contacted indicted former Al-Haramain
official Soliman Al-Buthe to obtain Al-Buthe’s assistance in editing and
publishing this article.
•United States v. Touré et al. (Drug charges; Support to AQ and AQIM):
- Complaint (Added 12/19/09) Harouna Touré, Oumar Issa, and Idriss Abdelrahman
were charged in New York federal court with agreeing to transport cocaine
through West and North Africa with the intent to support three terrorist
organizations: Al-Qaida, Al-Qaida in the Islamic Magreb ("AQIM"), and the FARC.
As DOJ noted, "The charges in this case mark the first time that associates of
Al Qaeda have been charged with narco-terrorism offenses." The men were arrested
in Ghana on December 16, 2009. DOJ added, "During meetings with the CSs, Touré
described his strong relationship with Al Qaeda groups that controlled areas of
North Africa, and discussed other instances in which he had transported drugs
with Al Qaeda's assistance. Touré stated that Al Qaeda would protect the FARC's
cocaine shipment from Mali through North Africa and into Morocco en route to
Spain. More specifically, Touré discussed the option of two different
transportation routes: one through Algeria and Libya, and the other through
Algeria and Morocco. Touré also discussed the possibility of kidnapping foreign
nationals to raise money for the cause."
- DOJ Press Release on Complaint (Added 12/19/09)
•United States v. Anthony Joseph Tracy (Smuggling Somalis into the U.S.):
- Indictment (Added 5/10/10) Anthony Joseph Tracy, a U.S. citizen and Muslim
convert who also used the aliases “Yusuf Tracy” and “Yusuf Noor”, was indicted
in Virginia for conspiring to induce aliens to enter the U.S. and making a false
statement on a passport application.."
- Affidavit in Support of Criminal Complaint (Added 5/10/10) According to an
affidavit by ICE Special Agent Thomas K. Eyre, “On or about April 9, 2009, Tracy
departed the United States and traveled to Kenya.” Then, “On January 18, 2010,
Tracy entered the U.S. at JFK International Airport in New York and voluntarily
consented to be interviewed by FBI and ICE Special Agents and a Detective with
the NYPD. Tracy said that he helped approximately 272 Somalis travel illegally
to the United States, using his business, Noor Services Limited. Tracy admitted
that he would help the aliens by providing and manufacturing fake documents that
are required to obtain Cuban visas, such as bank statements reflecting residency
in Kenya for approximately 6 months, hotel accommodations in Cuba, and round
trip airline tickets.” During a February 2010 polygraph, “Tracy was asked if he
knowingly assisted any al-Shabaab members attempting to travel out of Kenya.
Tracy admitted that he was approached by al-Shabaab in Kenya, but he claimed
that he refused to assist them.” The affidavit noted that “Tracy stated that he
knew that the final destination for the Somalis for whom he obtained visas was
the United States, with the visas fraudulently obtained in Kenya being the first
step in the process.” During April 2010 court testimony, Eyre said, “We believe
all the individuals are present in the United States. But by the virtue of
[Tracy's] successful smuggling scheme, we are having difficulty finding them."
•United States v. Ernest James Ujaama (Material support to Al-Qaida):
- Indictment In August 2002, a Washington court indicted Ujaama, a U.S. citizen,
for conspiring to provide material support to Al-Qaida. According to the
indictment, "the purpose of the conspiracy was to offer and provide facilities
in the United States of America for training of persons interested in violent
jihad; to provide safe houses in the United States of America for the
conspirators; to recruit persons interested in violent jihad and jihad training;
to provide actual training of such persons in firearms, military and related
activities..." Ujaama, who "advised others that he...had attended violent jihad
training camps," proposed setting up a training camp in Bly, Oregon; in 1999,
convicted terrorist Abu Hamza al-Masri sent two Al-Qaida operatives, Oussama
Kassir and Haroon Aswat, to evaluate the property. Ujaama also worked as the web
designer and an operator of the Supporters of Shariah (SOS) website, which
al-Masri "used...to advocate violent jihad against the United States of America
and other Western nations."
- DOJ Press Release on Guilty Plea In April 2003, DOJ announced that Ujaama had
pled guilty to conspiring to provide goods and services to the Taliban. The
press release states that in late 2000, "Ujaama entered Afghanistan with the
assistance of Taliban officials and installed software programs that he had
brought with him on computers belonging to Taliban officials...Ujaama also
admits that beginning in the spring of 2000, he participated in the operation of
the Supporters of Shariah website, on which he posted information urging others
to donate money, goods and services to Taliban-sponsored programs."
- Plea Agreement Ujaama was sentenced to two years in prison on the condition
that he would continue to cooperate with ongoing terrorism investigations.
- Revocation of Plea Agreement In August 2007, a judge revoked Ujaama's plea
agreement because he made false statements to a federal officer and left the
U.S. in December 2006. He was arrested in December 2006 in Belize, which he had
entered using a Mexican passport.
- Exhibit: Photo of Bly, Oregon Ranch (Added 10/22/09) This photo depicts the
Bly, Oregon Ranch where James Ujaama attempted to establish a jihad camp.
•United States v. Chigbo Peter Umeh et al. (Conspiring to import cocaine into
the U.S.; FARC link):
- Indictment (Added 6/08/10) Eight individuals were indicted in New York federal
court for conspiring to use Liberia as a staging area for the distribution of
more than $100 million of cocaine. As DOJ explained, "During the last decade,
drug trafficking organizations based in South America have increasingly used
countries along or near the West African coast as trans-shipment hubs for
importing massive quantities of cocaine to be later distributed in Europe or
elsewhere within Africa." During a meeting in Monrovia, one of the conspirators
"stated that the 4,000 kilograms of cocaine which the conspiracy intended to
import into Liberia had been supplied and protected by the Fuerzas Armadas
Revolucionarias de Colombia (the 'FARC'). The FARC is an international terrorist
group dedicated to the violent overthrow of the democratically elected
Government of Colombia."
- DOJ Press Release on Indictments (Added 6/08/10)
•United States v. Ahmed Hassan Al-Uqaily (Weapons possession; spoke of "going
jihad"):
- DOJ Press Release on Arrest (Added 4/19/08) In October 2004, the Department of
Justice announced that "Ahmed Hassan Al-Uqaily, 33, of Nashville, Tennessee, was
arrested in Nashville...after taking possession of two disassembled machine guns
and four disassembled hand grenades, along with hundreds of rounds of
ammunition, from an undercover agent working with the FBI’s Joint Terrorism Task
Force." DOJ noted that "Al-Uqaily told the individual during the August meeting
that he was angry about the state of affairs in Iraq, that he was 'going Jihad'
and that he was going to blow up something." Additionally, "Al-Uqaily,
responding to an inquiry about where he would go on the mission he spoke of
previously, allegedly expressed animosity towards the Jewish community.
Discussion ensued about two Jewish facilities in the Nashville area, but
Al-Uqaily gave no indication of specific plans in connection with those
facilities..."
- Government's Sentencing Memo (Added 4/19/08) Pursuant to the plea agreement,
the government recommended a sentence of 57 month
- Judgment (Added 4/19/08) Al-Uqaily pled guilty to weapons charges and was
sentenced to 57 months in prison.
•United States v. Bryant Neal Vinas (Providing material support to Al-Qaida):
- Indictment (Added 7/23/09) In July 2009, DOJ unsealed charges against Bryant
Neal Vinas (a.k.a. "Ibrahim", "Bashir al-Ameriki", and "Ben Yameen al-Kanadee"),
a Latino American from Long Island, New York who traveled to an Al-Qaida traning
camp in Pakistan and met Al-Qaida operations chiefs. This indictment, originally
filed in November 2008, charged that Vinas "together with others, within the
jurisdiction of the United States, did knowingly and intentionally conspire to
commit one or more acts outside the United States that would constiute the
offenses of murder and maiming..."
- Superseding Indictment (Added 7/23/09) In January 2009, a superseding
indictment charged that "in or about September 2008, the defendant...together
with others, attempted a rocket attack against a United States military base in
Afghanistan." Moreoever, he provided "expert advice and assistance, including
assistance derived from specialized knowledge of the New York transit system and
Long Island Railroad, communications equipment and personnel" to Al-Qaida. He
pled guilty the same month. This Los Angeles Times article provides additional
background.
- Transcript of Guilty Plea (Added 7/24/09) In pleading guilty to the January
2009 superseding indictment, Vinas stated, "In the fall of 2007, I left my home
in Long Island to travel to Pakistan with the intention of meeting and joining a
jihadist group to fight American soldiers in Afghanistan. When I arrived in
Pakistan, I made contact with and was accepted into al-Qaeda...As a member of
al-Qaeda, I received training in courses in general combat and explosives.
During my time in al-Qaeda, I took part, at the direction of al-Qaeda leaders,
in two missions in September 2008 in which we agreed and planned to attack a
United States military base near the border of Pakistan and Afghanistan. The
first attack failed and we had to abort the mission before firing on the base,
but a few days later, I took part in firing rockets at an American military
base. Although we intended to hit the military base and kill American soldiers,
I was informed that the rockets missed and the attack failed. Finally, during my
time with al-Qaeda, I consulted with a senior al-Qaeda leader and provided
detailed information about the operation of the Long Island Rail Road system
which I knew because I had ridden the railroad on many occasions. The purpose of
providing this information was to help plan a bottom attack of the Long Island
Rail Road system."
•United States v. Laura Wang-Woodford & Brian Woodford (Exporting controlled
parts to Iran):
- Indictment (Added 3/15/09) In December 2007, U.S. authorities arrested Laura
Wang-Woodford, "a U.S. citizen who served as the director of Monarch Aviation
Pte, Ltd. ('Monarch'), a Singapore company that has imported and exported
military and commercial aircraft components for more than 16 years.
"Wang-Woodford and her husband Brian D. Woodford, a U.K. citizen who served as
chairman and managing director of Monarch, were charged in a 20-count indictment
returned in the Eastern District of New York on January 15, 2003. Brian Woodford
remains a fugitive." According to DOJ, "between January 1998 and February 2000,
the defendants exported controlled U.S. commercial aircraft parts from the
United States to Monarch in Singapore and then re-exported those items to a
company in Tehran, Iran, without obtaining the required U.S. government
licenses. As part of the charged conspiracy, the defendants falsely listed
Monarch in Singapore as the ultimate recipient of the parts on export documents
filed with the U.S. government. The aircraft parts allegedly exported to Iran
include aircraft shields, shears, 'o' rings, and switch assemblies."
- Superseding Indictment (Added 3/15/09)
- DOJ Press Release on Arraignment (Added 3/15/09)
- Government Exhibit A (Added 3/15/09) According to DOJ, at the time of
Wang-Woodford's arrest, she "possessed catalogues from a Chinese company, the
China National Precision Machinery Import and Export Corporation ('CPMIEC'),
containing advertisements for military technology and weaponry. The products
advertised included surface-to-air missile systems and rocket launchers. CPMIEC
has been sanctioned by the United States Treasury Department, Office of Foreign
Assets Control, based, in part, on CPMIEC’s history of selling military hardware
to Iran. All United States persons and entities are prohibited from engaging in
business with CPMIEC."- Government Exhibit B (Added 3/15/09)
- Government Exhibit C (Added 3/15/09)
- Government Exhibit E (Added 3/15/09)
- Government Exhibit F (Added 3/15/09)
- Government Exhibit G (Added 3/15/09)
- Government Exhibit H (Added 3/15/09)
- DOJ Press Release on Guilty Plea: Wang-Woodford (Added 3/15/09) In March 2009,
Wang-Woodford pled guilty in Brooklyn federal court to conspiring to violate the
U.S. trade embargo by exporting controlled aircraft components to Iran.
- US_v_Wang-Woodford_dojprsent (Added 11/10//09) In November 2009, Wang-Woodford
was sentenced to 46 months in prison.
•United States v. Mohammed Warsame (Material support to Al-Qaida):
- DOJ Press Release on Indictment (Added 3/27/08) In August 2004, federal
prosecutors in Minnesota indicted Mohammed Abdullah Warsame for conspiring to
provide material support to Al-Qaida.
- Affidavit of NYPD Detective Terrence McGhee (Added 3/27/08) McGhee, an NYPD
Detective assigned to the Joint Terrorism Task Force, wrote, "on or about
December 8, 2003, FBI agents in Minneapolis, Minnesota, approached an individual
whom they had previously identified as Mohammed Abdullah Warsame. After being
approached, Warsame voluntarily agreed to speak with the FBI agents, and was
subsequently interviewed by them. During this interview, Warsame admitted that
he was Mohammed Abdullah Warsame, and that he had also used the alias 'Abu
Maryam' in connection with his attendance at a training camp at which Usama bin
Laden was present in Afghanistan during 2000 and 2001."
- Affidavit of FBI Special Agent Kiann Vandenover (Added 5/21/09) According to
this document, "Warsame was born in Mogadishu, Somali, on August 12, 1973. The
defendant claimed to have left Somalia in 1989 and sought refugee status in
Canada. The defendant resided in Toronto, Canada and became a naturalized
citizen of Canada after 4-5 years. The defendant moved to Minneapolis fiom
Canada in 2002 and is now a lawll permanent resident of the United States.
Currently, the defendant is not employed but was a student at the Minneapolis
Community and Technical College. The defendant lived in a rental apartment in
Minneapolis."
- Superseding Indictment (Added 5/21/09) A superseding indictment unsealed in
June 2005 added one count of providing material support to Al-Qaida and three
counts of making false statements to the FBI. The U.S. government notes,
"Warsame provided false statements to the FBI when he claimed that since 1995 he
had traveled only to Saudi Arabia and Somalia. However, from 2000 through 2001,
Warsame actually traveled to Pakistan and Afghanistan to attend military
training camps and participate in combat. He also made false statements about
his frequent contact with associates he met while attending military training
camps in Afghanistan. These associates have since relocated to Canada, Pakistan
and elsewhere throughout the world. Warsame was also charged with making a false
statement regarding his financial support of associates he met while attending
military training camps, omitting his collection and transfer of about $2,000 to
an associate in Pakistan."
- ICE Press Release on Superseding Indictment (Added 3/27/08)
- Prosecution's Post-Hearing Memorandum in Opposition to Defendant's Motion to
Suppress Statements (Added 3/27/08) The government points out that "after the
defendant was repeatedly told that he was not under arrest, he readily
participated until the termination of the interview. The defendant repeatedly
confirmed his understanding that he was not under arrest, both orally and in
writing, and in fact his freedom was not involuntarily curtailed in any fashion
that is associated with arrest."
- Memorandum Opinion Denying Motion to Dismiss Counts 1 and 2 of the Superceding
Indictment (Added 3/27/08) In March 2008, a federal judge denied Warsame's
motion to dismiss the first two counts in the superceding indictment. The
document also reveals that the "prosecution alleges that Warsame provided
English lessons in an Al Qaeda clinic in Kandahar, Afghanistan, in part to
assist nurses in reading English-language medicine labels. According to the
prosecution, the nurses in the clinic attended to Al Qaeda members who were
participating in nearby terrorist training camps."
- DOJ Press Release on Guilty Plea (Added 5/21/09) In May 2009, Mohammed
Abdullah Warsame pled guilty in Minnesota federal court to conspiring to provide
material support and resources to Al-Qaida. Other charges against Warsame will
be dismissed. According to the plea agreement, "from about March 2000 through at
least December 2003, Warsame conspired with others to provide material support
to al-Qaeda in the form of personnel, training and currency. Specifically, in
March of 2000, Warsame traveled to Afghanistan where he attended an al-Qaeda
training camp outside Kabul. In the summer of 2000, he then traveled to the al
Faruq training camp, where he received further training and met Osama Bin Laden.
Warsame subsequently worked at an al-Qaeda guesthouse and clinic. According to
the plea agreement, in late March 2001, Warsame traveled from Pakistan via
London to Canada. After leaving Pakistan, Warsame established email contacts
with several al-Qaeda associates that he had met in Afghanistan. In addition, he
sent money to one of his former training camp commanders. Warsame then relocated
to Minneapolis. Throughout 2002 and 2003, he continued to exchange email
messages with, and provide information to, several individuals associated with
al-Qaeda." He faces up to 15 years in prison and will be deported to Canada
after he serves his sentence.
- DOJ Press Release on Sentencing (Added 7/13/09) A Minnesota federal judge
sentenced Mohammed Abdullah Warsame to 92 months in prison and three years of
supervised release for conspiring to provide material support and resources to
Al-Qaida. Warsame attended an Al-Qaida training camp and, when living in
Minneapolis in 2002 and 2003, he exchanged "e-mail messages with and provide[d]
information to several individuals associated with Al-Qaida.
•United States v. Li Fang Wei et al. (Sending missile and nuclear technology to
Iran):
- Indictment (Added 4/14/09) Manhattan District Attorney Robert M. Morgenthau
announced an 118-count indictment of Li Fang Wei, a Chinese citizen, "and his
company for charges relating to the misuse of Manhattan banks and the
proliferation of illicit missile and nuclear technology to the Government of
Iran. The Chinese company, known as LIMMT, is a major supplier of banned weapons
material to the Iranian military." According to the Manhattan DA's office, after
Treasury banned LIMMT in 2006 from engaging in transactions with or through the
U.S. financial system, "Li Fang Wei and LIMMT used alias names and shell
companies to continue LIMMT’s international business. Li Fang Wei and LIMMT’s
purpose in doing so was to use fraud and deception to gain access to the U.S.
financial system, to deceive U.S. and international authorities, and to continue
the proliferation of banned weapons material to the Iranian military."
- Manhattan DA's Office Press Release on Indictment (Added 4/14/09)
- Treasury Designation (Added 4/14/09) Treasury designated Wei and six Iranian
entities under Executive Order 13382 for their connection to Iran's missile
proliferation network. Additionally, Treasury identified eight aliases used by
E.O. 13382 designee LIMMT Economic and Trade Company, Ltd. ("LIMMT") to
circumvent sanctions.
•United States v. David Williams et al. (NYC synagogue & Stewart Air National
Guard Base plot):
- Complaint (Added 5/20/09) Following a lengthy investigation, facilitated by a
cooperating witness (CW) who infiltrated the conspiracy, the NY JTTF arrested
James Cromitie, David Williams, Onta Williams, and Laguerre Payen "on charges
arising from a plot to detonate explosives near a synagogue in the Riverdale
section of the Bronx, New York, and to shoot military planes located at the New
York Air National Guard Base at Stewart Airport in Newburgh, New York, with
Stinger surface-to-air guided missiles." According to the DOJ, the origins of
the conspiracy can be traced to June 2008, when the CW, who had pled guilty to
fraud charges in 2002, met Cromitie in Newburgh, NY, roughly 70 miles north of
NYC. During that time, Cromitie explained that "his parents had lived in
Afghanistan and that he was upset about the war there and that many Muslim
people were being killed in Afghanistan and Pakistan by the United States
Military forces. Cromitie expressed interest in returning to Afghanistan and
spoke to the CW about how if he, Cromitie, were to die a martyr, he would go to
'paradise.' Cromitie also expressed an interest in doing 'something to America.'
The following month, Cromitie and the informant discussed the organization
Jaish-e-Mohammed, a designated Foreign Terrorist Organization based in Pakistan,
with which the informant claimed to be involved. Cromitie stated to the
informant that he, Cromitie, would be interested in joining Jaish-e-Mohammed to
'do jihad.'" During a November 2008 conversation, Cromitie discussed the best
targets to hit in NY and commented, “the best target [the World Trade Center]
was hit already.” Referencing a synagogue, he added, “I hate those
motherf*ckers, those f*cking Jewish bastards…I would like to get [destroy] a
synagogue.”
In support of the plot, on April 10, 2009, Cromitie, David Williams, and the CW
“drove to the Bronx, New York, where Cromitie photographed several synagogues
and a Jewish Community Center. In a reference to one of the Jewish community
centers, located in the Riverdale Section of the Bronx, Cromitie explained that
bombing this community center would be a ‘piece of cake.’”
On April 24, 2009, Cromitie, David Williams, and the CW “drove…around the area
just outside the perimeter of the Air National Guard Base in search of a
location from which they could shoot at military planes using the surface-to-air
guided missile that the CW said he had obtained from Jaish-e-Mohammed. During
this meeting, David Williams suggested the location, and used a digital camera
to photograph the airfield and the military planes from this vantage point.”
On April 28, 2009, Cromitie, David Williams, and the CW attempted to “purchase
several handguns for the Terrorist Operations…” Two days later they bought a 9
milimeter semiautomatic handgun.
On May 6, 2009, Cromitie, David Williams, and Payen "drove with the informant
toward Stamford, Connecticut, to obtain what the defendants were told would be a
surface-to-air guided missile system and three improvised explosive devices
('IEDs') containing C-4 plastic explosive material. The informant provided the
defendants with a Stinger surface-to-air guided missile provided by the FBI that
was not capable of being fired, telling the defendants that he had obtained it
from Jaish-e-Mohammed. The informant also provided three IEDs that each
contained over 30 pounds of inert C-4 plastic explosives, again telling the
defendants that he had obtained them from Jaish-e-Mohammed."
According to open source reporting, three of the four men converted to Islam in
prison.
- DOJ Press Release on Complaint (Added 5/20/09)
- Indictment (Added 6/4/09) The conspirators were indicted on an array of
charges, including conspiracy to use weapons of mass destruction within the
United States and conspiracy to acquire and use anti-aircraft missiles.
- DOJ Press Release on Indictment (Added 6/4/09)
- Government’s Memorandum of Law in Opposition to Defendants’ Pretrial Motions
(Added 4/14/10) A new DOJ filing in the case against four men who allegedly
plotted to detonate explosives near a Riverdale synagogue and to shoot military
planes located at the New York Air National Guard Base at Stewart Airport in
Newburgh, New York, with Stinger surface-to-air guided missiles reveals that one
of the alleged conspirators – James Cromitie – said he wanted to shoot
then-President Bush “seven hundred times.” He also “repeatedly and venomously
assailed Jews and discussed his desire to kill” and “repeatedly referred to
Osama Bin Laden as ‘my brother…’.”
- NEFA “Target: America” Report: The Plot to Attack Jewish Centers in the Bronx
and a Military Facility in Newburgh, NY (Added 4/14/10)
•United States v. Kobie Williams et al. (Houston Taliban support network):
- Superseding Indictment In November 2006, federal prosecutors in Houston,
Texas, announced the indictments of Kobe Diallo Williams, a U.S. citizen, and
Adnan Babar Mirza, a Pakistani national who overstayed his student visa, for
"conspiring to train with firearms with a goal to fight with the Taliban against
coalition forces in the Middle East and providing approximately $350 in cash to
support terrorist groups." Mirza was also charged with three violations of
federal firearms law. According to DOJ, "Williams and Mirza...allegedly viewed
the United States and coalition military forces on the ground in Afghanistan and
Iraq as invaders and in April 2005 agreed that they should travel to the Middle
East to fight with the Taliban to engage in battlefield jihad." Further, "to
hone their skills in anticipation for battlefield jihad, the indictment alleges
Williams and Mirza agreed to train with firearms at various locations located in
Harris and surrounding counties. On at least eight occasions between May 20,
2005, and June 17, 2006, the men engaged in firearms training, and at times in
reconnaissance training."
- DOJ Press Release on Superseding Indictment
- Superseding Indictment: Adnan Babar Mirza In September 2007, Adnan Babar Mirza
was charged with firearms violations. The filing notes that "Mirza and others
would and did agree to train with firearms to hone their skills for battlefield
jihad."
- Superseding Indictment: Syed Maaz Shaah In April 2007, Syed Maaz Shaah, a
Pakistani national in the U.S. on a student visa, was charged with unlawful
possession of a firearm. Shaah was an associate of Kobie Williams and Adnan
Mirza, and the three sought military-style training together in March 2006.
- Exhibit: FBI 302: Syed Maaz Shaah This document summarizes an FBI interview of
Shah. Shaah told the agents, "I'm surprised that it took this long. I expected
to be arrested a couple of weeks ago." According to the summary, "Shah then
related that when ADNAN MIRZA and KOBIE WILLIAMS were arrested in Houston, Texas
he knew that the FBI would be arresting him too."
- DOJ Press Release on Conviction: Syed Maaz Shaah In May 2007, a jury convicted
Shaah of two counts of unlawful possession of a firearm. According to this
document, "the United States presented evidence that at the time of Shaah’s
arrest on November 28, 2006, Shaah orally confessed that he had an interest in
weapons and had engaged in the firearms training weekends to prepare for 'what
may come.' Shah went on to state that he viewed American forces in Iraq as
'invaders' and felt it was his duty to prepare for 'Jihad,' described during the
trial as armed combat. The United States also presented evidence showing that
Shah had literature regarding Jihad on his computer, seized by FBI personnel at
the time of Shah’s arrest."
- DOJ Press Release on Sentencing: Syed Maaz Shaah In September 2007, Shaah was
sentenced to seventy-eight months in prison and will likely be deported after he
serves his time.
- Indictment: Shiraz Syed Qazi In November 2006, a federal grand jury in Houston
indicted Shiraz Syed Qazi, a Pakistani national in the U.S. on a student visa,
for unlawfully possessing a firearm. Qazi is Adnan Babar Mirza's cousin.
- DOJ Press Release on Conviction: Shiraz Syed Qazi Qazi was convicted for
unlawfully possessing a firearm in January 2007. DOJ states, "testimony of two
others would prove that on or about July 15 through 17, 2005, Qazi went camping
with two others in the Southern District of Texas. Over this weekend, these two
witnesses saw Qazi shooting an Armalite M-15, .223 caliber semi automatic rifle,
and could identify Qazi in photographs taken at the camp during the weekend trip
in which Qazi is holding firearm."
- DOJ Press Release on Sentencing: Shiraz Syed Qazi Qazi was sentenced to ten
months in prison in May 2007.
- DOJ Press Release on Sentencing: Kobie Williams (Added 8/09/09) Kobie Diallo
Williams, a U.S. citizen and resident of Houston, was sentenced to 54 months in
prison after pleading guilty in November 2006 to conspiring with several foreign
nationals, some of whom had entered the United States on student visas, to
engage in paramilitary training with weapons that Williams supplied in
preparation to join the Taliban." As DOJ noted, "Through an undercover
investigation, the FBI obtained evidence - including recorded conversations -
beginning in May 2005 that Williams and others traveled to various locations
within the Southern District of Texas for scheduled weekends of camping/training
to prepare to support the Taliban. Williams and the others met on at least six
occasions from May 2005 through June 2006 to engage in paramilitary exercises
with firearms, including target and sniper training and to discuss plans to join
the Taliban in Afghanistan. Additionally, the investigation produced evidence,
and Williams has admitted to, contributing several hundred dollars to support
the Taliban - a designated global terrorist organization by the United States -
in its efforts against the U.S. military."
- DOJ Press Release on Mirza Conviction (Added 6/01/10) DOJ announced that a
federal jury in Houston "convicted Adnan Mirza, 33, of all nine counts in an
indictment arising from his efforts to provide support and funds to the
Taliban...Mirza, a citizen of Pakistan, had entered the United States on a
student visa and was attending a local community college in 2005 and 2006 when
he committed the offenses for which he was convicted." DOJ noted that, "During
the trial, the government presented evidence that proved Mirza, a foreign
national who had entered the United States on a student visa, is not permitted
by federal law to possess firearms while in this country. Through an FBI
undercover investigation, the evidence also proved Mirza and others engaged in
weekend camping/training and practice sessions with firearms on six different
occasions beginning in May 2006 at a location on the north side of Houston to
prepare for Jihad. Evidence also proved Mirza and the others intended to send
funds to the Taliban."
•United States v. Ali Akbar Yahya et al. (Exporting "dual-use" technologies to
Iran): - Indictment (Added 10/5/08) In September 2008, a "federal grand jury in
Miami, FL,...returned a Superseding Indictment charging eight individuals and
eight corporations in connection with their participation in conspiracies to
export U.S.-manufactured commodities to prohibited entities and to Iran."
According to DOJ, "the defendants purchased, and then illegally exported to
ultimate buyers in Iran, numerous 'dual use' commodities. 'Dual-use' commodities
are goods and technologies that have commercial application, but could also be
used to further the military or nuclear potential of other nations and could be
detrimental to the foreign policy or national security of the United States. In
this regard, the Superseding Indictment alleges that the defendants caused the
export of 120 field-programmable gate arrays, more than 5000 integrated circuits
of varying types, approximately 345 Global Positioning Systems ('GPS'), 12,000
Microchip brand micro-controllers, and a Field Communicator. All of these items
have potential military applications, including as components in the
construction of improvised explosive devices (IEDs)."
- DOJ Press Release on Indictment (Added 10/5/08)
- Exhibit 1: Electronic Device (Added 10/5/08)
- Exhibit 2: Electronic Device (Added 10/5/08)
•United States v. Fawaz Yunis (Amal Militia; hijacked Royal Jordanian Airlines
Flight 402):
- ICE Fact Sheet on Deportation (Added 4/19/08) On March 29, 2005, Fawaz Yunis
-- who was "convicted in Washington, D.C. of leading the hijacking of a
Jordanian airliner and later blowing it up as it sat on the tarmac" -- was
deported to Lebanon. Yunis, who was "affiliated with the Amal Militia," had
participated in the 1985 hijacking of Royal Jordanian Airlines Flight 402 in
Beirut.
•United States v. Muhammad Ishaq Zafar & Mohammad Tariq Randhawa (False tax
returns, etc):
- Superseding Indictment (Added 3/14/08) Federal prosecutors in Florida unsealed
an indictment against Dr. Muhammad Ishaq Zafar and Dr. M. Tariq Randhawa on an
array of charges, including conspiracy to operate an unlicensed money
transmitting business, operating an unlicensed money transmitting business, and
filing false tax returns. The men allegedly exploited a charitable organization,
the Pak-American Islamic Cultural Corporation, Inc. (PAICCI), to transfer money
to Pakistan. According to open source reporting, investigators have probed the
organization and the conspirators for terrorism links.
- IRS Form 990: 1999 (Added 3/25/08) This document is PAICCI's IRS form 990
filing from 1999.
- IRS Form 990: 2000 (Added 3/25/08) This document is PAICCI's IRS form 990
filing from 2000.
- IRS Form 990: 2001 (Added 3/25/08) This document is PAICCI's IRS Form 990
filing from 2001.
•United States v. Najibullah Zazi et al. (Al-Qaida-linked bomb plot):
- Complaint: Najibullah Zazi (Added 9/20/09) In September 2009, FBI agents in
Colorado arrested Najibullah Zazi, 24, a resident of Aurora, Colo., and legal
permanent resident from Afghanistan, and charged him with knowingly and
willfully making false statements to the FBI in a matter involving international
and domestic terrorism. Zazi admitted in FBI interviews "that during his 2008
trip to Pakistan, he attended courses and received instruction on weapons and
explosives at an al-Qaeda training facility in the Federally Administered Tribal
Areas (FATA) of Pakistan." Further, on September 11, 2009, "FBI agents conducted
a legally authorized search of Najibullah Zazi’s rental car, which was parked
near the Queens residence. During the search, agents found a laptop computer
containing a jpeg image of nine-pages of handwritten notes. According to the
affidavits, the notes contain formulations and instructions regarding the
manufacture and handling of initiating explosives, main explosives charges,
explosives detonators and components of a fuzing system."
- Indictment: Najibullah Zazi (Added 9/20/09) Zazi was indicted in New York on a
charge of conspiracy to use weapons of mass destruction (explosive bombs)
against persons or property in the United States.
- DOJ Press Release on Indictment: Najibullah Zazi (Added 9/25/09)
- Detention Order: Najibullah Zazi (Added 9/25/09) According to this document,
"Zazi remained committed to detonating an explosive device up until the date of
his arrest, as exemplified by among other things, traveling overseas to receive
bomb-making instructions, conducting extensive research on the internet
regarding components of explosive devices, purchasing -- on multiple occasions
-- the components necessary to produce TATP [Triacetone Triperoxide] and other
explosive devices, and traveling to New York City on September 10, 2009 in
furtherance of the criminal plan."
- DOJ Press Release on Guilty Plea: Najibullah Zazi (Added 2/23/10) Najibullah
Zazi pled guilty in New York federal court to charges including providing
material support to Al-Qaida. According to DOJ, "Zazi admitted that he brought
TATP [Triacetone Triperoxide] explosives to New York on Sept. 10, 2009, as part
of [a] plan to attack the New York subway system...As Zazi admitted during
today’s guilty plea allocution and as reflected in previous government filings,
he and others agreed to travel to Afghanistan to join the Taliban and fight
against United States and allied forces...Although Zazi and others initially
intended to fight on behalf of the Taliban, they were recruited by al-Qaeda
shortly after arriving in Peshawar. Al-Qaeda personnel transported Zazi and
others to the Waziristan region of Pakistan and trained them on several
different kinds of weapons. During the training, al-Qaeda leaders asked Zazi and
others to return to the United States and conduct suicide operations. They
agreed. Zazi later received additional training from al-Qaeda on constructing
the explosives for the planned attacks in the United States. Zazi had
discussions with al-Qaeda leaders about target locations, including subway
trains in New York City. Zazi took detailed notes during the training, and later
emailed a summary of the notes to himself so that he could access them when he
returned to the United States. Zazi also provided money and computers to
al-Qaeda before he left Pakistan."
- Indictment: Mohammed Wali Zazi (Added 10/9/09) The father of alleged
Al-Qaida-linked bomb plotter Najibullah Zazi, Mohammed Zazi, was indicted in
Denver for making a false statement in a matter involving international and
domestic terrorism. According to DOJ, "Specifically, Mohammed Zazi allegedly
denied that he spoke with anyone by telephone regarding whether Najibullah Zazi
was in any trouble, when, in fact, on or about September 11, 2009, he did speak
by telephone with a person regarding whether Najibullah Zazi was in any
trouble."
- DOJ Press Release on Indictment: Mohammed Wali Zazi (Added 10/9/09)
- Second Indictment: Mohammed Wali Zazi (Added 2/02/10) The father of alleged
Al-Qaida-linked bomb plotter Najibullah Zazi, Mohammed Zazi, was indicted in New
York for working to "alter, destroy, mutilate and conceal … glasses, masks,
liquid chemicals and containers." He previously was indicted in Denver for
making a false statement in a matter involving international and domestic
terrorism.
- Complaint: Ahmad Wais Afzali (Added 9/20/09) In September 2009, FBI agents in
New York arrested Ahmad Wais
Afzali, 37, a resident of Flushing, N.Y., and a legal permanent resident from
Afghanistan, and charged him with knowingly and willfully making false
statements to the FBI in a matter involving international and domestic
terrorism.
- Indictment: Ahmad Wais Afzali (Added 10/26/09) Queens imam Ahmad Wais Afzali,
who served as an NYPD Confidential Informant, was indicted in the Eastern
District of New York for making false statements to the FBI when he denied
tipping off Al-Qaida-linked bomb plotter Najibullah Zazi that he was a subject
of interest to counterterrorism agents. He faces up to eight years in prison if
convicted.
- FBI Press Release on Arrests in Colorado and New York (Added 9/20/09) In
announcing the arrests of Najibullah Zazi, his father Mohammed Wali Zazi, and
former NYPD source Ahmad Wais Afzali, David Kris, Assistant Attorney General for
National Security, said, "The arrests carried out tonight are part of an ongoing
and fast-paced investigation. It is important to note that we have no specific
information regarding the timing, location or target of any planned attack." As
the affidavits note, "the FBI is investigating several individuals in the United
States, Pakistan and elsewhere, relating to a plot to detonate improvised
explosive devices in the United States."
- Ron Kuby Letter Re: U.S. v. Afzali (Added 12/15/09) In a letter to the judge
in the case of Ahmad Wais Afzali, charged with making false statements to the
FBI in the Najibullah Zazi investigation, Ron Kuby - Afzali's attorney -
provided more information on the behind the scenes work of the NYPD Intelligence
Division and FBI during the probe. According to the letter, an NYPD Intelligence
Detective "asked Imam Afzali to obtain any information about Zazi' s
whereabouts, intentions, or associates. He instructed the Imam to 'find out as
much as possible about them.'" An NYPD Intelligence Detective reportedly
"praised his efforts", but "The FBI did not share the N.Y.P.D.'s delight. Nor
were they thrilled to first find out about Afzali's involvement while they were
conducting an interception (presumably through a FISA warrant), on the Zazis
telephones."
- Guilty Plea: Ahmad Wais Afzali (Added 3/08/10) Queens imam Ahmad Wais Afzali,
who served as an NYPD Confidential Informant, pled guilty to making false
statements to the FBI when he denied tipping off Al-Qaida-linked bomb plotter
Najibullah Zazi that he was a subject of interest to counterterrorism agents.
- Indictment: Zarein Ahmedzay (Added 1/13/10) Zarein Ahmedzay, a taxi driver who
went to high school with Najibullah Zazi and Adis Medunjanin, was indicted in
January 2010 and charged lying to the FBI about “all of the locations he visited
during his trip to Pakistan and Afghanistan…between August 28, 2008 and January
22, 2009…” He also allegedly lied about an individual who attended “a camp to
receive military-type training.”
- Indictment: Adis Medunjanin (Added 1/13/10) Adis Medunjanin, a U.S. citizen
born in Bosnia who attended high school with Najibullah Zazi and Zarein
Ahmedzay, was indicted in January 2010 and charged with conspiring to commit
murder in a foreign country and receiving military training from a Foreign
Terrorist Organization. After authorities seized his passport, Medunjanin fled
his NY apartment, driving erratically, calling 911 to assert “We love death more
than you love life,” and intentionally crashing into another vehicle.
- DOJ Letter re: Medunjanin (Added 1/25/10) According to Assistant United States
Attorney James P. Loonam, Queens College graduate Adis Medunjanin "traveled with
others from the United States to Pakistan [in 2008], with the intent of killing
U.S. service members in Afghanistan." Additionally, a document filed by DOJ
revealed that after his arrest, he "provided very detailed information about
terrorist-related activities of himself and others in the United States and
Pakistan."
- Superseding Indictment: Ahmedzay and Medunjanin (Added 2/26/10) Zarein
Ahmedzay and Adis Medunjanin have been charged with terrorism violations
stemming from, among other activities, their alleged roles in the plot involving
Najibullah Zazi to attack the New York subway system in mid-September 2009. The
superseding indictment also charges both defendants with providing material
support, including currency, training, communications equipment and personnel,
to a foreign terrorist organization, namely al-Qaeda.
- DOJ Press Release on Superseding Indictment (Added 2/26/10)
- DOJ Press Release on Guilty Plea: Zarein Ahmedzay (Added 4/28/10) Zarein
Ahmedzay, a U.S. citizen and resident of Queens, N.Y., pled guilty in NY federal
court to terrorism charges filed in connection with a plot to launch coordinated
suicide bombings on New York’s subway system in September 2009. According to
DOJ, "Ahmedzay, [Najibullah] Zazi, and the third individual met with an al Qaeda
facilitator in Peshawar and agreed to travel for training in Waziristan. Upon
arriving, they met with two al Qaeda leaders, but did not learn their true
identities...the leaders were Saleh al-Somali, the head of international
operations for al Qaeda, and Rashid Rauf, a key al Qaeda operative. The three
Americans said that they wanted to fight in Afghanistan, but the al Qaeda
leaders explained that they would be more useful to al Qaeda and the jihad if
they returned to New York and conducted attacks there. Ahmedzay and the others
received training on several different kinds of weapons. During the training, al
Qaeda leaders continued to encourage them to return to the United States and
conduct suicide operations. They agreed, and had further conversations with al
Qaeda about the timing of the attacks and possible target locations in
Manhattan. Al Qaeda leadership emphasized the need to hit well-known structures
and maximize the number of casualties."
- Superseding Indictment: Adnan Shukrijumah er al. (Added 7/14/10) In a newly
unsealed superseding indictment, DOJ revealed "that the plot against New York’s
subway system uncovered in September 2009 involving Colorado resident Najibullah
Zazi was directed by senior al-Qaeda leadership in Pakistan, and was also
directly related to a scheme by al-Qaeda plotters in Pakistan to use Western
operatives to attack a target in the United Kingdom." Further, "the plot
involving Zazi was organized by Saleh al-Somali, Rashid Rauf, and [Adnan] El
Shukrijumah, who were then-leaders of al-Qaeda’s "external operations" program
dedicated to terrorist attacks in the United States and other Western
countries." "According to the indictment, El Shukrijumah recruited Zazi,
Ahmedzay, and Medunjanin to return to the United States and conduct terrorist
attacks there." Also indicted were Abid Naseer and Tariq Ur Rehman, who, "On
April 8, 2009...were arrested in the United Kingdom on terrorism charges. In
connection with the arrests, U.K. authorities conducted searches of the
plotters’ homes, where they found large quantities of flour and oil, as well as
surveillance photographs of public areas in Manchester and maps of Manchester’s
city center posted on the wall, with one of the locations from the surveillance
photographs highlighted. Naseer is currently in custody in the United Kingdom.
The United States intends to seek his extradition to face trial. Rehman is not
in custody.
- DOJ Press Release on Superseding Indictment: Adnan Shukrijumah et al. (Added
7/14/10)
- “Target: America” Report: “The September 2009 New York/Denver Terror Plot
Arrests” (Added 10/26/09) The NEFA Foundation has released the 21st report in
the “Target: America ” series, which focuses on a case that is considered by
many experts to be the most significant terrorist plot on U.S. soil since 9/11.
•United States v. Oussama Abdul Ziade & Buford George Peterson (Dealings with
SDGT's assets):
- Indictment (Added 7/18/09) Federal prosecutors in Boston unsealed an
indictment against Oussama Abdul Ziade and Buford George Peterson, "both former
officers of Ptech, Inc. ('Ptech'), a computer software company which was
principally located in Quincy, Massachusetts, with making false statements to
the United States Small Business Administration ('SBA') in connection with a
loan application in the amount of $650,000 for Ptech submitted under a program
offered to assist small businesses economically harmed by the attacks of
September 11, 2001. The Indictment charges Peterson and Ziade with falsely
representing the identities of Ptech’s major shareholders in this loan
application to conceal the ownership interest in Ptech held by a Specially
Designated Global Terrorist, Yassin Kadi...through Sarmany Limited, a company
Kadi owned and controlled. Ziade served as Ptech's President, Chief Executive
Officer and Chairman of its Board of Directors from February 1994 to 2003 while
Peterson served as Ptech's Chief Financial Officer and Chief Operating Officer
from February 2001 to August 2002." The indictment was originally returned on
March 1, 2007.
- DOJ Press Release on Indictment (Added 7/18/09)
- Complaint: Ziade (Added 7/18/09) DOJ also unsealed a criminal complaint
"issued on July 27, 2005 charging Ziade with attempting to engage in
transactions involving, and dealing in, the property of Kadi, a Specially
Designated Global Terrorist; knowingly making false statements to the SBA in a
loan application submitted on behalf of Ptech; and making false statements to
law enforcement. Ziade, a Lebanese national, has been living outside of the
country since 2005." Information gather the 2002 SAAR raids in Northern Virginia
was used in this complaint.
- Ptech's Customer List (Added 7/18/09) Ptech's customers included a number of
government entities, such as the FAA, FBI, IRS, NATO, NAVAIR, the Air Force,
Department of Energy, and the House of Representatives. Additional background on
Ptech can be found in this Associated Press article, which notes that Ptech
employed CARE International's Muhamed Mubayyid, as well as another CARE
International employee.
•In the Matter of Searches Involving 555 Grove Street, Herdon, VA and Related
Locations:
- (Proposed Redacted) Affidavit in Support of Application for Search Warrant
(October 2003) (Added 4/23/08) In March 2002, the FBI launched a series of raids
on residences, businesses, and charitable organizations in Northern Virginia. In
this affidavit, Customs Service Special Agent David Kane explains, "since
December 2001, I and other agents of the USCS, the Internal Revenue Service -
Criminal Investigation ('IRS-CI'), and the Federal Bureau of Investigation
('FBI'), have been investigating a group of individuals that are suspected of
providing material support to terrorists, money laundering, and tax evasion
through the use of a variety of related for-profit companies and ostensible
charitable entities under their control, most of which are located at 555 Grove
Street, Herndon, Virginia." He further notes, "these individuals operate or have
operated over 100 different organizations, on which they commonly serve as
corporate officers. These organizations include charitable organizations,
educational and cultural organizations, for-profit businesses and investment
firms...Many organizations in the Safa Group dissolve and are replaced by other
organizations under the control of the same individuals. Most of these Safa
Group organizations, which present themselves as Islamic educational and
charitable organizations, are 'paper' organizations that are registered at
common addresses, but have no apparent physical presence on the premises. The
majority of these organizations is or was located at 555 Grove Street, Herndon,
Virginia."
- (Proposed Redacted) Affidavit in Support of Application for Search Warrant
(October 2003) - Attachment A (Added 4/23/08) This document lists the addresses
to be searched and provides information on them.
- (Proposed Redacted) Affidavit in Support of Application for Search Warrant
(October 2003) - Attachment B (Added 4/23/08) This document lists the items to
be seized, including, "any and all information referencing in any way PIJ,
Hamas, Al-Qaida, WISE, ICP, Sami Al-Arian, Basheer Nafi, Mazen al-Najar,
Ramallah Shallah, Khalil Shikaki, Sheik Odeh, Sheik Rahman, Usama Bin Laden, and
any other individual or entity designated as a terrorist by the President of the
United States, the United States Department of Treasury, or the Secretary of
State."
- (Proposed Redacted) Affidavit in Support of Application for Search Warrant
(October 2003) - Attachment C (Added 4/23/08) This document provides a list of
Safa Group businesses and corporations, as well as their officers/directors.
- (Proposed Redacted) Affidavit in Support of Application for Search Warrant
(October 2003) - Attachment D (Added 4/23/08) This document provides a list of
the "officers and directors & their related businesses and organizations." Many
individuals, including Abdulrahman Alamoudi, Muhammad Ashraf, and Jamal
Barzinji, are affiliated with numerous organizations.
- (Proposed Redacted) Affidavit in Support of Application for Search Warrant
(October 2003) - Attachment E (Added 4/23/08) This document provides a "glossary
of terms, individuals, and organizations relevant" to the affidavit.
- Fourth Circuit Court of Appeals Opinion In Re: Grand Jury Subpoena #06-1
(Added 4/23/08) The Fourth Circuit Court of Appeals has stymied government
efforts to secure records in its long-running investigation of individuals
involved in the Safa Group, whom they suspect of "providing material support to
terrorists, money laundering, and tax evasion." The New York Sun, which first
reported on the Appeals Court's ruling, explains, "the SAAR Foundation, which is
now defunct, has racked up $500,000 in contempt-of-court fines for its
noncooperation with the grand jury probe. Prosecutors have tried to get
documents detailing SAAR's money transfers by subpoenaing the group's one-time
attorney, Bruce Hopkins, of the Kansas City-based firm Polsinelli Shalton
Flanigan Suelthaus PC. A lawyer for Mr. Hopkins has argued that any of Mr.
Hopkins's records that have been subpoenaed are protected by the attorney-client
privilege. In the decision...the 4th U.S. Circuit Court of Appeals...had been
expected to decide whether the attorney-client privilege extended to defunct
organizations. Instead it sidestepped the issue, telling a lower court to
determine first whether the documents in Mr. Hopkins's possession seemed to
detail a potential crime, in which case prosecutors are entitled to them,
regardless of any attorney-client privilege."
- Fourth Circuit Court of Appeals Opinion (Added 5/8/09) Following an "Operation
Greenquest"-linked raid on his Virginia home, Iqbal Unus (an International
Institute of Islamic Thought employee) and his family sued, claiming false
imprisonment, assault and battery, conspiracy, and unconstitutional search and
seizure. The Fourth Circuit Court of Appeals upheld the actions of federal
agents. For instance, Judge Robert King wrote, "To be sure, the federal agent
defendants' forced entry into the Unus residence must have been a harrowing
experience for the plaintiffs. The federal agent defendants were entitled,
however, to exercise lawful force in entering the Unus residence, and they thus
acted reasonably in drawing and pointing their weapons."
•Tunisian Cell in San Francisco:
- Testimony of Former INS Commissioner James Ziglar Before the 9/11 Commission
(Added 7/27/08) Former INS Commissioner James Ziglar testified before the 9/11
Commission that: "In early June 2002, the INS received information that a group
of Tunisian nationals residing in the Dale City area of San Francisco were
possibly members of a terrorist cell posing an imminent national security threat
to the United States. On June 16, 2002, INS and FBI agents were able to locate,
identify and arrest a group of Tunisian nationals who were tied to terrorist
activity. Nine individuals were detained on INS administrative charges in the
absence of viable criminal charges, and subsequently removed. The suspected
ringleader has been criminally charged with harboring aliens unlawfully in the
United States."
Read more at: http://www.investigativeproject.org/case/350?overlay=TRUE
At some locations, radical views have been espoused, extremists have spoken, or
terrorist acts or groups have been supported.
One institution was home to an imam convicted of providing support to a U.S.
designated Foreign Terrorist Organization (FTO). At another mosque, a future
mastermind of a successful terrorist plot worshipped alongside other unknowing
congregants. People at one mosque even helped the future 9/11 hijackers obtain
Social Security numbers and driver's licenses. At others, imams have espoused
rhetoric that is just plain violent.
In some of these examples, we learned about the activity only through the work
of undercover law enforcement agents, informants and cooperating witnesses who
helped root out extremists, foil terrorist plots and intercept terrorists'
financial transactions.
Established Islamist groups have heatedly attacked law enforcement officials,
casting their use of informants as part of a plot to set up Muslims. Though a
staple of criminal investigations of all kinds, undercover operations should not
breach the doors of a mosque, they say.
In the case of Dar Uloom Institute in Pembroke Pines, Florida, an undercover FBI
agent foiled a plot by attendees to blow up a nearby energy facility. One
individual who attended the mosque regularly, Imran Mandhai, recruited another
mosque attendee, Shueyb Mosaa Jokhan, to carry out the plot. Both men pleaded
guilty to conspiring to destroy property affecting interstate commerce. The FBI
informant's work in this mosque uncovered another lead. Mandhai told the
undercover agent that another man who attended the mosque, Adnan El-Shukrijumah,
was a potential recruit for Osama bin Laden's plans to destroy more targets in
South Florida.
Shukrijumah was recently indicted in the ongoing prosecution of a subway bomb
plot in New York City.
Another informant's work in a Brooklyn mosque led to the conviction of Mohammad
Ali Hasan Al-Moayad for conspiring to providing support to Hamas, a foreign
terrorist organization. Al-Moayad bragged to an FBI informant about his work
providing money, recruits and supplies to Hamas. According to the informant,
Al-Moayad claimed that he received money for jihad from collections at Al Farouq
mosque in Brooklyn, but officials were not sure that those giving money knew it
would go to terrorists.
A cooperating witness at Dar us-Salaam Mosque in Seattle, Washington helped FBI
agents nab Oussama Kassir, whom they suspected was trying to establish a
terrorist training camp in nearby Bly, Oregon. The witness described Kassir's
travels to Bly to inspect property designated to house the camp. Kassir also
told the witness that he had trained for jihad in Afghanistan. In May 2009,
Kassir was found guilty of providing material support to Al Qaeda.
Despite these examples, leaders of national Islamist organizations have balked
at the use of informants. This message was made crystal clear by Hussam Ayloush,
executive director of the Council on American-Islamic Relations (CAIR) - Los
Angeles last year at an Anaheim, California mosque:
"We're here today to say our mosques are off limits. Our Koran is off limits.
Our youth, who they [the FBI] try to radicalize, are off limits. Now is the time
to tell them, 'We're not going to let this happen anymore.'"
On Monday, a jury in New York convicted two men who plotted to blow up fuel
tanks at JFK airport. One of the conspirators planned to use a bank account for
his mosque to store money for the plot. An informant played a key role in taping
the conspirators discuss their plans and motivations.
These examples do not serve as a green light for the government to launch
unconstrained investigations into Muslim communities, but rather show that
Islamic religious institutions, just like any other institutions, are vulnerable
to having contact with radical individuals and organizations.
FBI Informants in Mosques
In 2009, tensions between Islamist groups and the FBI came to a head when a
coalition of organizations announced they considered cutting off ties with the
FBI. One reason cited by that coalition, the American Muslim Task Force (AMT),
was concern that the FBI is unfairly targeting American mosques for
investigation.
The Muslim American Society (MAS) issued a press release reaffirming the AMT
coalition's concerns regarding the "Infiltration of mosques and systematic
manipulation of Muslim religious affairs," and the "Use of agent provocateurs to
trap unsuspecting Muslim youth."
MAS Freedom Foundation leader Ibrahim Ramey said that, while his group rejects
terrorism:
"…we also want law enforcement to understand that this should not be a pretext
for demonizing an entire community or trying to turn the community against
itself…"
Ayloush is one of the FBI's most outspoken critics. He has claimed that the FBI
is "paying convicted felons to 'infiltrate' mosques to radicalize Muslim youths
and instigate talks about terrorism." In an interview with Southern California
Public Radio, Ayloush said the FBI has been "hiring shady characters and
individuals to try to instigate against the Muslim community. And instigate acts
of violence to ruin the reputation of the Muslim community."
At Masjid Omar Al Farouk in 2009, Ayloush reminded his audience that, "Just
because there are bad apples, there are bad apples in our community, there are
bad apples in the FBI, we should not start suspecting each other."
A new set of FBI guidelines issued in 2008 have been at the center of debate
over informants. Critics claim the guidelines allow the FBI to send informants
in without any purpose or predicate. The guidelines are stricter than detractors
describe.
Current and former FBI officials also argue that the guidelines leave no room
for the types of unwarranted investigations into mosques described by critics.
"Sending an asset into a mosque is not considered lightly, even in today's
world," said Robert Blitzer, former Chief of the FBI's Domestic Counterterrorism
Planning Section. Informants go where the suspects go:
"It really boils down to this, if the mosque is being used by individuals and
groups who are the subjects of full counterterrorism investigations then the FBI
has the authority to collect intelligence on the activities of the group or
person while in the mosque."
Blitzer's assessment is pretty close to one given by current FBI Director Robert
Mueller in 2009:
"We [the FBI] don't investigate places, we investigate individuals. To the
extent that there may be evidence or other information of criminal wrongdoings,
then we will ... undertake those investigations."
Steve Pomerantz, former assistant director of the FBI, told the IPT that some
informants may not follow their handlers' very detailed instructions despite the
guidelines. "That's the way it's supposed to work," he said, referring to the
guidelines. "Can it break down? Yes, if the informant doesn't follow the
instructions."
The FBI devotes a lot of time and resources to try to prevent these issues.
Blitzer described "stringent vetting processes and procedures" to make sure that
the information received from informants is reliable:
"These processes include many steps and tests, background investigations, and
constant checking and double checking of information provided against records
and other forms of reporting including human and technical source, other agency
reporting, and foreign agency reporting."
Informants provide critical help for "the intelligence community [to] understand
the intentions and actions of our enemies," said Blitzer. "Without them, we
would be partially blind."
Pomerantz described informants as "the single most effective and useful
investigative tool" and stressed that "a lack of [human intelligence] will only
lead to more bad things happening."
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