nationalsecuritylaw copy of the complaint in United States v. Baxam (D. Maryland) (Jan. 9, 2012)

January 10, 2012

Further to my last email, here is the complaint in Baxam. Thanks to the nationalsecurity lister who passed it on!

From: Robert Chesney [mailto:rchesney@law.utexas.edu]
Sent: Tuesday, January 10, 2012 3:00 PM
To: nationalsecuritylaw@utlists.utexas.edu
Subject: [nationalsecuritylaw] United States v. Baxam (D. Maryland) (Jan. 9, 2012)

* United States v. Baxam (D. Maryland Jan. 9, 2012)

Another new case from Monday. Details from the press release (I do not have the complaint itself):

GREENBELT, Md. – A criminal complaint was filed today charging Craig Benedict Baxam, 24, of Laurel, Md., with attempting to provide material support to Al-Shabaab, a foreign terrorist organization. Baxam was arrested on Friday, Jan. 6, 2012, upon his return to Maryland after traveling to Africa.

“The complaint alleges that Craig Baxam intended to travel to Somalia and join the terrorist organization Al-Shabaab,” said U.S. Attorney Rosenstein. “Mr. Baxam was caught in Kenya before he reached Somalia, and there is no allegation that anyone assisted him.”

“This arrest is highly illustrative of the progress the international law enforcement community has made in working together to rapidly share resources and information in order to stop terrorism,” said FBI Special Agent in Charge McFeely. “FBI Special Agents in Africa, working alongside our Kenyan police partners, worked together to stop an individual who is now alleged to have been on his way to join a major terrorist group. This spirit of cooperation in fighting terrorism continues to transcend borders around the world.”

According to the affidavit supporting the complaint, Baxam joined the U.S. Army in 2007 and completed eight months of advanced training for cryptology and intelligence. Baxam was deployed to Baghdad, and upon completion of his deployment, he reenlisted. In August 2010, he deployed for a one year assignment in Korea. One month prior to completion of his deployment in Korea, Baxam separated from the Army and returned to Maryland in July 2011.

The affidavit alleges that Baxam secretly converted to Islam days before he separated from the Army, after finding an Islamic religious website on the Internet. Baxam allegedly decided to relocate to Somalia to join Al-Shabaab and live under Sharia law. Al-Shabaab is a brutal 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.

Baxam cashed out his retirement savings of approximately $3,600 and purchased a plane ticket to Kenya. He set out to travel to Somalia, via Kenya, with between $600 and $700, which he planned to give to Al-Shabaab as an offering shortly after he crossed into Somalia. On Dec. 20, 2011, Baxam flew from Baltimore-Washington International Airport and arrived in Nairobi, Kenya on Dec. 22. He took a bus to Mombasa, Kenya, and hired taxis to travel through Kenya to Somalia.

On Dec. 23, 2011, Kenyan police stopped a bus in which Baxam was traveling near Mombasa, Kenya, and arrested him for attempting to travel to Somalia to join Al-Shabaab. Baxam was held at the Kenyan Anti-Terrorism Police Unit in Nairobi and interviewed by the FBI.

Baxam faces a maximum sentence of 15 years in prison followed by three years of supervised release. His initial appearance will be held at 3:00 p.m. EST today in U.S. District Court in Greenbelt.

The filing of a complaint is not a finding of guilt. An individual charged by complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.

United States Attorney Rod J. Rosenstein praised the FBI’s Maryland and New York Joint Terrorism Task Forces for their work in the investigation and recognized the Department of Justice Counterterrorism Section and U.S. Attorney’s Office for the Southern District of New York for their assistance in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Gregory Welsh, who is prosecuting the case with assistance from Robert J. Sander of the Counterterrorism Section of the Department of Justice.

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Baxam Complaint.pdf

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nationalsecuritylaw United States v. Baxam (D. Maryland) (Jan. 9, 2012)

January 10, 2012

* United States v. Baxam (D. Maryland Jan. 9, 2012)

Another new case from Monday. Details from the press release (I do not have the complaint itself):

GREENBELT, Md. – A criminal complaint was filed today charging Craig Benedict Baxam, 24, of Laurel, Md., with attempting to provide material support to Al-Shabaab, a foreign terrorist organization. Baxam was arrested on Friday, Jan. 6, 2012, upon his return to Maryland after traveling to Africa.

“The complaint alleges that Craig Baxam intended to travel to Somalia and join the terrorist organization Al-Shabaab,” said U.S. Attorney Rosenstein. “Mr. Baxam was caught in Kenya before he reached Somalia, and there is no allegation that anyone assisted him.”

“This arrest is highly illustrative of the progress the international law enforcement community has made in working together to rapidly share resources and information in order to stop terrorism,” said FBI Special Agent in Charge McFeely. “FBI Special Agents in Africa, working alongside our Kenyan police partners, worked together to stop an individual who is now alleged to have been on his way to join a major terrorist group. This spirit of cooperation in fighting terrorism continues to transcend borders around the world.”

According to the affidavit supporting the complaint, Baxam joined the U.S. Army in 2007 and completed eight months of advanced training for cryptology and intelligence. Baxam was deployed to Baghdad, and upon completion of his deployment, he reenlisted. In August 2010, he deployed for a one year assignment in Korea. One month prior to completion of his deployment in Korea, Baxam separated from the Army and returned to Maryland in July 2011.

The affidavit alleges that Baxam secretly converted to Islam days before he separated from the Army, after finding an Islamic religious website on the Internet. Baxam allegedly decided to relocate to Somalia to join Al-Shabaab and live under Sharia law. Al-Shabaab is a brutal 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.

Baxam cashed out his retirement savings of approximately $3,600 and purchased a plane ticket to Kenya. He set out to travel to Somalia, via Kenya, with between $600 and $700, which he planned to give to Al-Shabaab as an offering shortly after he crossed into Somalia. On Dec. 20, 2011, Baxam flew from Baltimore-Washington International Airport and arrived in Nairobi, Kenya on Dec. 22. He took a bus to Mombasa, Kenya, and hired taxis to travel through Kenya to Somalia.

On Dec. 23, 2011, Kenyan police stopped a bus in which Baxam was traveling near Mombasa, Kenya, and arrested him for attempting to travel to Somalia to join Al-Shabaab. Baxam was held at the Kenyan Anti-Terrorism Police Unit in Nairobi and interviewed by the FBI.

Baxam faces a maximum sentence of 15 years in prison followed by three years of supervised release. His initial appearance will be held at 3:00 p.m. EST today in U.S. District Court in Greenbelt.

The filing of a complaint is not a finding of guilt. An individual charged by complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.

United States Attorney Rod J. Rosenstein praised the FBI’s Maryland and New York Joint Terrorism Task Forces for their work in the investigation and recognized the Department of Justice Counterterrorism Section and U.S. Attorney’s Office for the Southern District of New York for their assistance in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Gregory Welsh, who is prosecuting the case with assistance from Robert J. Sander of the Counterterrorism Section of the Department of Justice.

.


nationalsecuritylaw United States v. Osmakac (M.D. Fla. Jan. 9, 2012);

January 10, 2012

* United States v. Osmakac (M.D. Fla. Jan. 9, 2012) (complaint attached)

A 25-year old U.S. citizen in Tampa is under arrest in connection with an alleged plot to carry out attacks in the Tampa area. The investigation involved a confidential informant and undercover FBI agents. Details from the press release follow, and the complaint is attached:

TAMPA, Fla. – A 25-year-old resident of Pinellas Park, Fla., has been charged in connection with an alleged plot to attack locations in Tampa with a vehicle bomb, assault rifle and other explosives, announced Robert E. O’Neill, U.S. Attorney for the Middle District of Florida; Lisa Monaco, Assistant Attorney General for National Security; and Steven E. Ibison, Special Agent in Charge of the FBI Tampa Division.

Sami Osmakac, a naturalized U.S. citizen who was born in the former Yugoslavia (Kosovo), was arrested Saturday night. He is charged in a criminal complaint in the Middle District of Florida with one count of attempted use of a weapon of mass destruction (explosives) and is scheduled to make his initial appearance today at 2:00 p.m. EST, in federal court, before U.S. Magistrate Judge Anthony Porcelli, in Tampa. If convicted, Osmakac faces a maximum sentence of life in prison and a $250,000 fine.

The arrest of Osmakac was the culmination of an undercover operation during which Osmakac was closely monitored by law enforcement officials for several months. The explosives and firearms that he allegedly sought and attempted to use were rendered inoperable by law enforcement and posed no threat to the public.

According to the complaint affidavit, in Sept. 2011, the FBI received information from a confidential human source (CHS) indicating that Osmakac had asked for al-Qaeda flags. In November 2011, Osmakac and the CHS discussed and identified potential targets, in Tampa, where Osmakac intended on carrying out violent attacks. Osmakac allegedly asked the CHS for help in obtaining firearms and explosives for the attacks. The CHS indicated that he/she knew someone who might be able to provide firearms and explosives and introduced Osmakac to an undercover FBI employee.

The complaint alleges that Osmakac met with the undercover FBI employee, in person, on Dec. 21, 2011, and stated that he wished to acquire an AK-47-style machine gun, Uzi submachine guns, high capacity magazines, grenades and an explosive belt. In a subsequent meeting, Osmakac allegedly provided the undercover FBI employee with a $500 down payment for an AK-47, multiple homemade explosive grenades and the explosive belt.

According to the complaint, Osmakac also asked the undercover employee whether he/she could build bombs that could be placed in three different vehicles and detonated remotely, near where Osmakac would conduct a follow-up attack using the other weapons he requested. The undercover employee said he/she could possibly provide explosives for one vehicle. Osmakac also allegedly said that he wanted an explosive belt constructed to kill people.

During a subsequent meeting with the FBI undercover employee on Jan. 1, 2012, Osmakac allegedly described his attack plans by stating that he wanted to obtain a hotel room; park the vehicle with the bomb in it at his target; leave the area; detonate the car bomb; and then retrieve the weapons and explosives from the hotel room. Among Osmakac’s alleged bomb targets were night clubs in the Ybor City area of Tampa, the operations center of the Hillsborough County Sheriff’s Office in Ybor City and a business in the South Tampa area of Tampa.

The complaint alleges that, as part of the second portion of his planned attack, Osmakac told the undercover FBI employee that, after the car bomb was detonated, he wanted to use the explosive belt to “get in somewhere where there’s a lot of people” and take hostages. He allegedly stated that he would then make demands of the FBI to release some prisoners. According to the criminal complaint, when discussing law enforcement officers that might respond to the scene, Osmakac allegedly stated, “once I have this . . . they can take me in five million pieces” in an apparent reference to the explosive belt that would be attached to his waist.

During the Jan. 1st meeting, the undercover FBI employee noted that Osmakac could change his mind and back out of the plot. According to the complaint, Osmakac immediately shook his head in the negative and stated, “We all have to die, so why not die the Islamic way?”

On Jan. 7, 2012, FBI agents arrested Osmakac after he took possession of the explosive devices and firearms that had been rendered inoperable by law enforcement. The complaint alleges that, shortly prior to his arrest, Osmakac made a video of himself explaining his motives for carrying out the planned violent attack.

This investigation is being conducted by the FBI Tampa Division and the Tampa Joint Terrorism Task Force. It is being prosecuted by Assistant U.S. Attorney Sara Sweeney from the U.S. Attorney’s Office for the Middle District of Florida, with assistance from Trial Attorney Clem McGovern of the Counterterrorism Section in the Department of Justice’s National Security Division.

Criminal Complaint.pdf