Archive
Pakistani Citizen Receives Prison Sentence for Alleged Human Smuggling Conspiracy
A Pakistani citizen was sentenced yesterday in the District of Columbia to 31 months in prison on a human smuggling charge. Muhammad Abid Hussain, 27, was sentenced by U.S. District Judge John D. Bates. On January 31, 2012, a federal jury in Washington, D.C., found Hussain guilty of conspiring to encourage and induce an individual to come to the United States unlawfully.
According to the government’s theory of the case, in February and March 2011, Hussain and a co-conspirator conducted a human smuggling operation in Quito, Ecuador, that attempted to smuggle an individual from Pakistan to the United States. No individuals or material were actually smuggled from Pakistan as part of the operation. Hussain was arrested in Miami on March 13, 2011.
Hussain was accused of conspiring to commit 8 U.S.C. 1324, for allegedly encouraging and inducing an alien to illegally come into the United States for financial gain. Hussain and his alleged co-conspirator, Ali Ahmed, never actually smuggled any persons into the U.S., which is why the government only charged him with a conspiracy. The indictment in this case also explains that the charges of conspiracy arose after four undercover sources sought out Hussain and Ahmed in Ecuador. The undercover agents portrayed themselves as members of the Pakistani Taliban (Terik-i-Taliban Pakistan) who were trying to smuggle a person into the United States. Hussain and Ahmed were indicted once the undercover sources got enough to bring a conspiracy charge.
Hussain was acquitted of a second charge of conspiring to provide material support to a foreign terrorist organization relating to the same conduct. This charge was included in a superseding indictment brought against Hussain on December 8, 2011, but clearly the jury did not agree with such an accusation.
The author of this blog is Erich Ferrari, an attorney specializing in Federal Criminal Defense matters. If you have any questions please contact him at 202-280-6370 or ferrari@ferrari-legal.com.
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Accused Member of Foreign Terrorist Organization Extradited to United States on Hostage Taking Charges
The Department of Justice announced on March 12, 2012 that Alexander Beltran Herrera, a/k/a Jhon Beltrain Herrera, a/k/a Rodrigo Pirinolo, an accused member of the Revolutionary Armed Forces of Colombia (“FARC”), has been extradited from Colombia to face hostage taking and terrorism charges in the United States.
The indictment alleges that the FARC is an armed and violent organization in the Republic of Colombia. The indictment further alleges that the FARC is a “highly structured criminal organization” divided into seven geographic “blocks” — the Caribbean block, the Northwestern block, the Middle Magdalena block, the Central block, the Eastern block, the Western block, and the Southern block — which are each further subdivided into a number of Fronts and named Mobile Columns. The indictment specifically alleges that Mr. Herrera was a member of the 27th Front in the FARC’s Southern block and committed various crimes against the United States as a member of FARC.
For example, according to the indictment, in 2004 the 27th Front allegedly held three Americans for nearly two years. The indictment also alleges that Mr. Herrera was one of the FARC “jailers” who used “choke harnesses, chains, padlocks, and wires to bind the necks and wrists” of American hostages. In addition to these alleged acts, Mr. Herrera was charged with the following specific offenses: 18 U.S.C. 1203(a) (Conspiracy to Commit Hostage Taking); 18 U.S.C. 1203(a),(2) (Hostage Taking; Aiding and Abetting and Causing an Act to be Done); 18 U.S.C. 924(c),(2) (Using and Carrying a Firearm During a Crime of Violence; Aiding and Abetting and Causing an Act to be Done); 18 U.S.C. 2339A (Conspiracy to Provide Material Support to Terrorists); 18 U.S.C. 2339B (Conspiracy to Provide Material Support or Resources to a Designated Foreign Terrorist Organization).
When an individual located in a foreign country has been indicted by a federal grand jury the United States will attempt to compel the government of that country to turn that individual over into the custody of the United States. This request will usually be pursuant to an extradition treaty between the United States and that foreign country. The extradition request is formally made with the foreign government’s embassy in the United States. Additionally, this formal request is made by the U.S. Department of State, not Justice. The U.S. will likely accompany this formal request with a copy of the indictment, arrest warrant, relevant statutes, a photograph of the accused, and the affidavit of an investigating officer on the case.
When this request is made, the terms of the treaty dictate whether the foreign government will agree to turn over the individual into the custody of the United States. Accordingly, most extradition treaties must satisfy a legal concept known as dual criminality. Dual criminality means that the offenses being charged by the requesting country must also be considered punishable offenses in the other country. This very requirement exists in Article 2(1)(a) of the extradition treaty between the United States and Colombia.
The author of this blog is Erich Ferrari, an attorney specializing in Federal Criminal Defense matters. If you have any questions please contact him at 202-280-6370 or ferrari@ferrari-legal.com.
Former Army Soldier Indicted for Allegations of Supporting a Terrorist Organization
A federal grand jury returned an indictment yesterday charging Craig Benedict Baxam, age 24, of Laurel, Maryland, with attempting to provide material support to Al-Shabaab, a foreign terrorist organization. Baxam never actually provided material support to a foreign terrorist organization, but is being accused for such a crime based on his statements made to Special Agents with the Federal Bureau of Investigation (FBI).
Allegedly, Baxam was intentionally traveling to Somalia to join Al-Shabaab. Baxam was arrested in Kenya while traveling by himself. According to court documents, Baxam served in the U.S. Army from 2007 through July 2011, and converted to Islam shortly before he left the military. Baxam served in Iraq and Korea.
The indictment alleges that sometime after July 2011, while living in Maryland, Baxam decided to travel to Somalia to join and fight for Al-Shabaab, which Baxam knew to be a designated foreign terrorist organization. According to court documents, Al-Shabaab is a militia group that uses intimidation and violence to undermine Somalia’s Transitional Federal Government (TFG). In February 2008, the U.S. Department of State designated Al-Shabaab, aka Harakat Shabaab al-Mujahidin, aka The Youth, as a foreign terrorist organization, stating that Al-Shabaab has committed or poses a significant risk of committing acts of terrorism that threaten the security of the United States.
The indictment alleges that Baxam cashed out his retirement savings, purchased a plane ticket to Kenya and traveled in Kenya toward its northern border with Somalia, all in his effort to join and fight for Al-Shabaab. However, Baxam’s statements made to the FBI once in custody indicate he was traveling to Somalia to conduct his “hijra,” or migration to an Islamic land. On December 23, 2011, Kenyan Anti-Terrorism police arrested Baxam near Mombasa, Kenya, for attempting to travel to Somalia to join Al-Shabaab.
Once Baxam was in custody, he provided statements to the FBI without the presence of an attorney. The statements provide the basis for the charges against him. It is unclear whether Baxam would have actually provided support to Al-Shabaab if he had made it to Somalia. Baxam’s statements simply indicate that he had converted to Islam, which is not a crime, and was traveling to an Islamic country based on his religious beliefs.
Baxam faces a maximum sentence of 15 years in prison followed by three years of supervised release. No court appearance has been scheduled. Baxam has been detained since his arrest on a criminal complaint on Friday, January 6, 2012, upon his return to Maryland after traveling to Africa.
The author of this blog is Erich Ferrari, an attorney specializing in Federal Criminal Defense matters. If you have any questions please contact him at 202-280-6370 or ferrari@ferrari-legal.com.
Two Individuals Indicted for Narcotics Trafficking and Conspiring to Provide Support to Hizballah; Extradited to the U.S.
The U.S. Attorney’s Office for the Southern District of New York recently announced the extraditions of Siavosh Henareh and Cetin Asku from Romania on charges of conspiring to provide narcotics and, in the case of Aksu, material support to Hizballah through an individual whom they believed to be an associate of Hizballah, but who was in fact, a Drug Enforcement Administration (“DEA”) confidential source. Aksu is further charged with conspiring to acquire, transfer, and possess anti-aircraft missiles.
The indictment alleges that Henareh and Aksu, the defendants, and others known and unknown, carried out a series of over acts for the purpose of brokering a heroin transaction with confidential sources working for the DEA. One of those confidential sources was posing as an associate of Hizballah, which has been designated by the United States Secretary of State as a foreign terrorist organization in 1997. From about December 2010 to about April 2011 Henareh and Aksu were part of a plan with the confidential sources to acquire hundreds of kilograms of high-quality heroin to import into and sell in the United States. Henareh and Aksu were informed by the confidential sources that the profits and proceeds from this proposed sale of heroin would be used to purchase weapons for Hizballah.
The indictment further alleges that Henareh received $23,000 from a confidential source and sent the money via hawala from one confidential source in Bucharest, Romania to another confidential source in Istanbul, Turkey for the purpose of acquiring a sample of the heroin to be used in the anticipated deal to sell the drug in the United States and benefit Hizballah. It is alleged that Aksu further indicated that he had an additional 200 kilograms of heroin available for sale in the anticipated deal.
With respect to Aksu, his alleged involvement in the anticipated deal also included providing material support to Hizballah and acquiring, transfering, and possessing anti-aircraft missiles. These charges stem from alleged conversations between Aksu and confidential sources indicating Aksu’s ability to acquire and sell handguns, automatic assault rifles, and anti-aircraft missiles. These alleged conversations indicated the types, quantities, and prices of various weapons. Aksu also allegedly provided the confidential sources with a list of weapons for sales with prices, including anti-aircraft missiles. Aksu also allegedly indicated that he already had Hizballah as a buyer for these products. Aksu and another uncharged individual allegedly entered into a contract worth $9.5 million with the confidential sources to purchase said weapons for Hizballah.
Henareh and Aksu were extradited to the United States from Romania on November 17, 2011 to face the abovementioned charges made in an indictment that was unsealed on July 26, 2011. The government is also seeking forfeiture of any and all assets and funds, wherever located, related to any of the abovementioned charges if convictions are obtained against the defendants.
It is apparent from this indictment and extraditions that the U.S. has confidential sources around the world who coordinate with various State Department and DEA offices in foreign nations. The U.S. has also fostered law enforcement relationships with nations around the world to coordinate enforcement actions and sting operations meant to ferret out those individuals who are willing to provide support to terrorists and undertake various narcotics trafficking activities.
The author of this blog is Erich Ferrari, an attorney specializing in Federal Criminal Defense matters. If you have any questions please contact him at 202-280-6370 or ferrari@ferrari-legal.com.
U.S. Citizen Indicted for Plotting to Attack Capitol, Pentagon, and U.S. Soldiers
On September 29, 2011, the U.S. Attorney’s Office for the District of Massachusetts indicted Rezwan Ferdaus, a 26 year old Northeastern University physics graduate. The indictment states that Mr. Ferdaus is accused of planning to commit acts of violence against the United States “with the goal of terrorizing the United States, decapitating its ‘military center,’ and killing as many [non-believers] as possible.”
Mr. Ferdaus has been specifically charged with 18 U.S.C. sections 844(f) for attempting to damage or destroy a Federal building, section 2155 for attempting to damage and destroy national-defense premises, section 844(d) for being in receipt and possesion of explosive materials, section 2339A for attempting to provide material support to terrorists, and section 2339B for attempting to provide material support to a designated Foreign Terrorist Organization (FTO). Mr.Ferdaus was also charged with 26 U.S.C. section 5861 for being in receipt of non-registered firearms.
Mr. Ferdaus thought he was meeting with members of al-Queda when in fact the individuals he was meeting with were undercover federal agents. Mr. Ferdaus revealed to federal agents that he extensively planned and took substantial steps to bomb the United States Pentagon and United States Capitol Building using remote controlled aircraft filled with explosives.
Mr. Ferdaus began designing and constructing detonation components for improvised explosive devices (IEDs) using mobile phones. These modified mobile phones were given to the undercover agents by Mr. Ferdaus who thought they were going to be used to kill U.S. soldiers overseas.
Mr. Ferdaus also requested firearms, ammunition, and explosives from the undercover agents whom he thought were al-Queda operatives. They provided him with C-4 explosives, AK-47 assault rifles and grenades. These items were needed for him to carry out a detailed plan to attack the Capitol and Pentagon with remote control aircraft that he shared with the undercover agents on two USB storage devices. The plans were highly detailed and contained “recon” photos of the proposed attack sites. As soon as Mr. Ferdaus was in receipt of these items he was arrested by federal law enforcement in Massachusetts.
If convicted on all counts, Mr. Ferdaus would face up to 80 years in prison and have any property linked to his criminal conduct subject to forfeiture. Had his conduct caused anyone to actually died, Mr. Ferdaus’ would be facing life in prison or even the death penalty.
What is apparent from this indictment is that the federal government is well prepared to deal with threats against the national security of the United States. With undercover agents and a series of effective criminal statutes, would-be terrorists often face many years in prison before their conduct actually harms anyone. However, investigators must conduct their sting operations carefully to ensure the target cannot utilize an entrapment defense.
Entrapment is a complete defense to a criminal charge on the theory that “government agents may not originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute.” Thus there are two elements to the defense: (1) inducment by the government; and (2) the defendant’s lack of predisposition to engage in the criminal conduct. From the facts alleged in Mr. Ferdaus’ indictment, it seems that an entrapment defense would be unsuccessful because he possessed the disposition to engage in criminal conduct. He authored the plans to attack U.S. buildings and soldiers while the government merely “facilitated” his plans by providing the hardware necessary.
The author of this blog is Erich Ferrari, an attorney specializing in Federal Criminal Defense matters. If you have any questions please contact him at 202-280-6370 or ferrari@ferrari-legal.com.
