nationalsecuritylaw United States v. Sullivan (W.D.N.C. Nov. 29, 2016) (guilty plea in ISIL-related case involving planned attacks in US)

December 6, 2016

From DOJ’s press release:

WASHINGTON – Justin Nojan Sullivan, 20, of Morganton, North Carolina, appeared in federal court in Asheville, North Carolina today and pleaded guilty to one count of attempting to commit an act of terrorism transcending national boundaries.

The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina and Special Agent in Charge John A. Strong of the FBI’s Charlotte, North Carolina, Division. U.S. District Judge Martin Reidinger presided over Sullivan’s plea hearing.

“Sullivan was in contact and plotted with now-deceased Syria-based terrorist Junaid Hussain to execute acts of mass violence in the United States in the name of the Islamic State of Iraq and the Levant (ISIL),” said Acting Assistant Attorney General McCord. “Counterterrorism remains our highest priority and we will continue to identify and hold accountable those who seek to commit acts of terrorism within our borders.”

“Sullivan admitted in court today that he attempted to commit acts of terrorism transcending national boundaries by planning mass casualty shooting attacks on behalf of ISIL against innocent people in North Carolina and Virginia. Sullivan also admitted he had frequent and direct communications with Junaid Hussain, one of ISIL’s prominent members in Syria, who asked Sullivan to make a video of the deadly attack,” said U.S. Attorney Rose. “There is no more important work that we in the Department of Justice undertake than the fight against terrorism. It is frightening to know that the defendant in this case was able to use social media to contact and seek advice from ISIL, a murderous organization. Yet, it emboldens us to be fiercely aggressive and diligent in our efforts to combat this special kind of evil.” U.S. Attorney Rose added.

“Justin Sullivan planned to kill hundreds of innocent people. He pledged his support to ISIL and took calculated steps to commit a murderous rampage to prove his allegiance to the terrorist organization. There is no higher priority for the FBI than to thwart the next terrorist attack. This case is proof of what law enforcement agencies can accomplish to disrupt terrorist activities of any kind,” said Special Agent in Charge Strong.

According to information contained in plea documents, starting no later than September 2014, Sullivan watched violent ISIL attacks on the Internet, such as beheadings, and collected them on his laptop computer. Court records indicate that Sullivan openly expressed support for ISIL in his home and destroyed religious items that belonged to his parents.

Beginning no later than June 7, 2015, Sullivan conspired with Junaid Hussain, a prominent ISIL member responsible for online recruitment and providing directions and inspiration for terrorist plots in Western countries, to plan mass shooting attacks in North Carolina and Virginia. Sullivan discussed those plans on social media with an undercover FBI employee (UCE), who Sullivan attempted to recruit to join in such attacks.

Court documents indicate that Sullivan told the UCE via social media that it was better to remain in the United States to support ISIL than to travel. Sullivan suggested that the UCE obtain weapons and told the UCE that he was planning to buy a semi-automatic AR-15 rifle at an upcoming gun show in Hickory, North Carolina. On or about June 20, 2015, Sullivan attempted to purchase hollow point ammunition to be used with the weapon(s) he intended to purchase.

According to court records, Sullivan had researched on the Internet how to manufacture firearm silencers and asked the UCE to build functional silencers that they could use to carry out the planned attacks. Court records show that Sullivan told the UCE he planned to carry out his attack in the following few days at a concert, bar or club, where he believed as many as 1,000 people would be killed using the assault rifle and silencer.

Filed documents indicate that over the course of Sullivan’s communications with Junaid Hussain, Hussain had asked Sullivan to make a video of his planned terrorist attack, to which Sullivan had agreed.

On or about June 19, 2015, the silencer, which was built according to Sullivan’s instructions, was delivered to him at his home in North Carolina, where Sullivan’s mother opened the package, according to court records. Sullivan took the silencer from his mother and hid it in a crawl space under his house. When Sullivan’s parents questioned him about the silencer, Sullivan, believing that his parents would interfere with his plans to carry out an attack, offered to compensate the UCE to kill them.

In filed plea documents, Sullivan admitted that he took substantial steps towards carrying out terrorist attacks in North Carolina and Virginia by: (1) recruiting the UCE; (2) obtaining a silencer from the UCE; (3) procuring the money that would have enabled him to purchase the AR-15; (4) trying to obtain a specific type of ammunition that he believed would be the most “deadly”; (5) identifying separate gun shows where he and the UCE could purchase AR-15s; and (6) obtained coupons for the gun shows he planned for himself and the UCE to attend on June 20 or 21, 2015.

According to filed documents, on June 19, 2015, Sullivan was arrested at his parents’ home, where law enforcement also executed a search warrant for the silencer and other items. Law enforcement interviewed Sullivan on separate occasions following his arrest. Sullivan also provided false statements on his involvement in the murder of his neighbor, John Bailey Clark, who had been killed in December 2014. Sullivan later admitted that he had stolen the rifle from his father’s gun cabinet and hid it in the crawl space. Forensic testing shows that the .22 rifle hidden by Sullivan was used to murder Mr. Clark.

The grand jury alleged that Sullivan also killed Mr. Clark, but Sullivan did not admit to this act in his plea today. However, in the plea documents filed, the United States Attorney set forth evidence supporting this allegation and specifically reserved the Government’s right to prove this additional conduct at Sullivan’s sentencing hearing.

The District Attorney’s Office for North Carolina’s 25th Prosecutorial District, which includes Burke, Caldwell and Catawba Counties, is handling North Carolina’s prosecution of Sullivan for Clark’s murder.

Sullivan is currently in federal custody. According to the filed plea agreement, Sullivan pleaded guilty to Count Nine of the Superseding Indictment, which charged him with attempting to commit an act of terrorism transcending national boundaries, an offense that carries a maximum penalty of life in prison. Under the plea agreement, the parties have agreed that a sentence of life in prison is an appropriate sentence.

In making today’s announcement, Acting Assistant Attorney General McCord and U.S. Attorney Rose thanked District Attorney David Learner for his office’s continued assistance and coordination. Both also praised the investigative efforts of the FBI, the Burke County Sheriff’s Office and the North Carolina State Bureau of Investigation in this case. Acting Assistant Attorney General McCord and U.S. Attorney Rose also thanked the U.S. Postal Inspection Service’s Charlotte Division, the U.S. Secret Service, the North Carolina Highway Patrol, the U.S. Attorney’s Office of the Eastern District of Virginia, the FBI’s Washington Field Office and the Hickory Police Department for their assistance in this investigation.

The case is being prosecuted by Assistant U.S. Attorney Michael E. Savage of the Western District of North Carolina and Trial Attorney Gregory R. Gonzalez of the National Security Division’s Counterterrorism section.

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nationalsecuritylaw United States v. Singh (D. Nev. Nov. 29, 2016) (guilty plea in material support case linked to Sikh separatists in India)

December 6, 2016

From DOJ’s press release:

WASHINGTON – Balwinder Singh, 42, of Reno, Nevada, pleaded guilty today to conspiracy to provide material support and resources to terrorists knowing and intending that such support would be used to commit terrorist attacks overseas.

The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Daniel G. Bogden for the District of Nevada and Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division.

“Singh attempted to provide material support and resources to terrorists to create violence and disruption abroad,” said Acting Assistant Attorney General McCord. “Identifying, thwarting and holding accountable individuals who pursue international terrorism is a top priority of the Department of Justice.”

“Today’s plea is the result of the FBI’s Joint Terrorism Task Force working proactively to disrupt terrorist attacks,” said U.S. Attorney Bogden. “National security is a top priority for the U.S. Attorney’s Office and we will continue to work with our law enforcement partners to locate, identify, and prosecute those who conspire and attempt to provide material support to terrorists and terrorist activities.”

“This is a strong indicator of the law enforcement community’s commitment to combating terrorism and keeping our nation safe,” said Special Agent in Charge Rouse.

Singh, aka Jhaji, aka Happy, aka Possi, aka Baljit Singh, pleaded guilty before U.S. District Judge Larry R. Hicks to one count of conspiracy to provide material support to terrorists. He has been detained since his arrest on Dec. 17, 2013. He was charged on Dec. 18, 2013. Singh is a citizen of India and permanent U.S. resident.

According to court filed documents and admissions made in connection with the plea agreement, between September 2013 and Dec. 17, 2013, Singh conspired with others to support terrorist attacks in India as part of a movement to create an independent Sikh state in the Punjab region of India.

Singh communicated with co-conspirators by telephone to discuss these plans and agreed to provide material support by facilitating a co-conspirator’s travel to and within South Asia and providing funding and materials necessary to carry out an overseas attack.

In October 2013, Singh and co-conspirators agreed that one co-conspirator would travel to South Asia in the fall of 2013. Upon arrival, the co-conspirator would travel to India and commit a terror attack – likely an assassination or maiming of an Indian governmental official. The final target would be determined after the co-conspirator arrived in South Asia.

In November 2013, Singh purchased two sets of night vision goggles. In December 2013, he provided the night vision goggles to a co-conspirator who was going to carry out the planned attack. On Dec. 9, 2013, the co-conspirator attempted to board a flight from the San Francisco International Airport to Bangkok, Thailand in order to carry out the terror attack with the night vision goggles provided to him by Singh. U.S. law enforcement prevented the co-conspirator from boarding that flight. As a result, the planned terror attack never occurred. After these events, Singh and his co-conspirators continued to discuss and plan the terror attack in India until Singh’s arrest.

At the time of sentencing, under the plea agreement, Singh faces the statutory maximum penalty of 15 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. Sentencing has been set for Feb. 27, 2017.

The case is being investigated by the FBI-led Joint Terrorism Task Force in northern Nevada. The northern Nevada JTTF is comprised of the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Naval Criminal Investigative Service and Nevada Department of Investigation. In addition, ATF, U.S. Citizenship and Immigration Services and the Washoe County Sheriff’s Office provided assistance in the investigation.

Assistant U.S. Attorneys Sue Fahami, Brian L. Sullivan, Carla Higginbotham, and Trial Attorney Mara M. Kohn of the National Security Division’s Counterterrorism Section are prosecuting the case.

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nationalsecuritylaw United States v. Cornell (S.D. Ohio Dec. 5, 2016) (30 year sentence for planned attack on State of the Union)

December 6, 2016

From DOJ’s press release:

WASHINGTON – Christopher Lee Cornell, 22, of Green Township, Ohio, was sentenced today to 30 years in prison for plotting, planning and attempting an attack on government officials during the State of the Union Address in 2015 in the name of the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.

Acting Assistant Attorney General for National Security Mary McCord, U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio and Special Agent in Charge Angela L. Byers of the FBI’s Cincinnati Division made the announcement. Cornell pleaded guilty on Aug. 1 and was sentenced by Senior U.S. District Judge Sandra Beckwith of the Southern District of Ohio, who also ordered Cornell to serve a lifetime term of supervised release.

“With this sentence, Christopher Lee Cornell is being held accountable for plotting to kill federal officials in the name of ISIL,” said Acting Assistant Attorney General McCord. “Counterterrorism remains our highest priority and we will continue to identify and hold accountable those who seek to commit acts of terrorism within our borders.”

“The seriousness of this crime is apparent,” said U.S. Attorney Glassman. “Cornell plotted to commit violence as a symbolic attack on the United States as a whole. An attempt to murder another individual is horrific enough and justifies a significant sentence. But this was more than that. Cornell wanted to inflict pain on the spirit of the entire country, and terrorize its leadership. Today’s sentence appropriately holds him accountable for that.”

According to the plea agreement, from on or about August 2014 through January 2015, Cornell plotted, planned and attempted to travel to Washington, D.C., in order to attack the U.S. Capitol during the State of the Union Address on Jan. 20, 2015.

Cornell admitted that he conducted online research of weapons, the construction of bombs, the U.S. Capitol and other potential targets in the Washington, D.C., area. He intended to kill officers and employees of the United States, and possessed two semi-automatic rifles and approximately 600 rounds of ammunition.

In addition, Cornell admitted that his planned attack on the U.S. Capitol was an attempt to provide material support and resources – both personnel and services – to ISIL.

Cornell was arrested on Jan. 14, 2015, by the FBI’s Joint Terrorism Task Force (JTTF). After his arrest, he posted statements online that included a call for others to join him in violent jihad against the United States and its citizens on behalf of ISIL, according to admissions made in connection with the plea agreement.

The JTTF is made up of officers and agents from the Cincinnati Police Department; Colerain, Ohio, Police Department; Dayton Ohio, Police Department; Ohio State Highway Patrol; University of Cincinnati Police Department; U.S. Air Force Office of Special Investigations; FBI; U.S. Immigrations and Customs Enforcement; U.S. Internal Revenue Service; U.S. Secret Service; U.S. Postal Inspection Service; West Chester, Ohio, Police Department; and Xenia, Ohio, Police Department.

Acting Assistant Attorney General McCord and U.S. Attorney Glassman commended the JTTF for its investigation of this case. The case is being prosecuted by Trial Attorney Michael Dittoe of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Tim Mangan of the Southern District of Ohio.

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