nationalsecuritylaw United States v. Tajideen (D.D.C. Mar. 24, 2017) (extradition and IEEPA indictment of Lebanese businessman associated with Hezbollah)

March 24, 2017

I had not seen any terrorism-related IEEPA charges in some time (it’s been all 2339B and sometimes 2339A). Very interesting to see this one. Kassim Tajeddine is a significant figure in the global business network associated with Hezbollah, and he was subjected to IEEPA sanctions back in 2009. Last week he was detained by Moroccan authorities while transiting from Guinea to Beirut (see, e.g., https://www.washingtonpost.com/world/africa/lebanese-businessman-wanted-by-us-detained-in-morocco/2017/03/16/dd71e53e-0a5d-11e7-bd19-fd3afa0f7e2a_story.html?utm_term=.73c67b971763), and now’s he’s on US soil and facing just-unsealed IEEPA and money-laundering charges. Press release is below:

WASHINGTON – Kassim Tajideen, a prominent financial supporter of the Hizballah terror organization, has been arrested and charged with evading U.S. sanctions imposed on him because of his financial support of Hizballah.

Tajideen, 62, of Beirut, Lebanon, was arrested overseas on March 12, 2017, based on an 11-count indictment unsealed today in the U.S. District Court for the District of Columbia following his arrival to the United States. Tajideen made his initial court appearance today before Magistrate Judge Robin M. Meriweather.

The arrest and indictment are the result of a two-year investigation led by the Drug Enforcement Administration (DEA) and assisted by U.S. Customs and Border Protection (CBP). The effort is part of DEA’s Project Cassandra, which targets Hizballah’s global criminal support network – dubbed by the DEA as the Business Affairs Component (BAC) that operates as a logistics, procurement and financing arm for Hizaballah.

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting Assistant Attorney General Mary B. McCord of the Justice Department’s National Security Division, U.S. Attorney Channing D. Phillips of the District of Columbia, DEA Special Agent in Charge Raymond Donovan of the Special Operations Division, and CBP Acting Commissioner Kevin K. McAleenan made the announcement.

“Because of his support for Hizballah, a major international terrorist group, the U.S. government imposed sanctions on Kassim Tajideen in 2009 that barred him from doing business with U.S. individuals and companies,” said Acting Assistant Attorney General Blanco. “Those sanctions are a powerful tool in our efforts to combat terrorists and those who would support them. Indeed, the sanctions posed such a significant threat to Tajideen’s extensive business interests that he allegedly went to great lengths to evade them by hiding his identity from the U.S. entities he did business with, and from the government agencies responsible for enforcing the sanctions. Thanks to the diligent work of our prosecutors and law enforcement partners, we broke through the web of intermediaries Tajideen allegedly used to conceal his involvement, and he has been brought to the United States to face justice.”

“Kassim Tajideen is alleged to have willfully flouted U.S. sanctions that were based on his prior support for Hizballah, a designated foreign terrorist organization,” said Acting Assistant Attorney General for National Security McCord. “Those sanctions are designed to protect our national security and public safety by limiting terrorists’ access to resources, and this extradition sends a clear message that we are resolved to find and hold accountable those who violate these laws.”

“The investigation of this case and the arrest and extradition of this defendant demonstrates our commitment to enforcing vitally important sanctions laws that are in place to protect our national security and foreign policy interests,” said U.S. Attorney Phillips. “Because of the hard work of law enforcement here and abroad, Kassim Tajideen will now face charges in an American courtroom.”

“Kassim Tajideen posed a direct threat to safety and stability around the world,” said DEA Special Agent in Charge Donovan. “A prominent money man for Hizballah, Tajideen acted as a key source of funds for their global terror network. DEA and our partners are unrelenting in our pursuit of the world’s most dangerous terror and criminal networks and their many facilitators who threaten the rule of law and innocent lives.”

The indictment charges Tajideen with one count of willfully conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Global Terrorism Sanctions Regulations, seven counts of unlawful transactions with a Specially Designated Global Terrorist, and one count of conspiracy to launder monetary instruments. The indictment also indicates that the government will seek a forfeiture money judgment against the defendants equal to the value of any property, real or personal, which constitutes or is derived from proceeds traceable to these offenses.

According to the indictment, Tajideen allegedly presided over a multi-billion-dollar commodity distribution business that operates primarily in the Middle East and Africa through a web of vertically integrated companies, partnerships and trade names. The indictment further alleges that Tajideen and others engaged in an elaborate scheme to engage in business with U.S. companies while concealing Tajideen’s involvement in those transactions.

The Department of the Treasury’s Office of Foreign Assets Control named Tajideen a Specially Designated Global Terrorist on May 27, 2009. This designation prohibits U.S. companies from transacting unlicensed business with Tajideen or any companies which are operated for his benefit – in essence stripping Tajideen’s global business empire of its ability to legally acquire goods from, or wire money into, the U.S. However, the indictment alleges that Tajideen restructured his business empire after the designation in order to evade the sanctions and continue conducting transactions with U.S. entities. Tajideen and others are alleged to have created new trade names and to have misrepresented his ownership in certain entities in order to conceal Tajideen’s association. The scheme allowed Tajideen’s companies to continue to illegally transact business directly with unwitting U.S. vendors, as well as to continue utilizing the U.S. financial and freight transportation systems to conduct wire transfers and move shipping containers despite the sanctions against Tajideen.

According to the indictment, between approximately July of 2013 until the present day, the conspirators illegally completed at least 47 individual wire transfers, totaling over approximately $27 million, to parties in the U.S. During the same time period, the conspirators caused dozens of illegal shipments of goods to leave U.S. ports for the benefit of Tajideen, without obtaining the proper licenses from the U.S. Department of the Treasury.

Tajideen pleaded not guilty and was ordered held pending a detention hearing set for March 29.

An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.

This investigation was carried out by the U.S. Attorney’s Office for the District of Columbia, the Criminal Division’s Money Laundering and Asset Recovery Section, the DEA and the U.S. Customs and Border Protection’s National Targeting Center Counter Network Division, with assistance from the Criminal Division’s Office of International Affairs and the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division. The case is being prosecuted by Assistant U.S. Attorneys Thomas A. Gillice and Deborah Curtis and Special Assistant U.S. Attorney Jacqueline L. Barkett of the U.S. Attorney’s Office for the District of Columbia and Trial Attorney Joseph Palazzo from the Money Laundering and Asset Recovery Section.

Participating investigative agencies in DEA’s Project Cassandra include the DEA’s New Jersey Field Division and Special Operations Division and various DEA country offices, as well as the Treasury Department’s Office of Foreign Assets Control and Financial Crimes Enforcement Network.

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nationalsecuritylaw United States v. Faris (S.D. Ill. Mar. 20, 2017) (DENATURALIZATION SUIT AGAINST CONVICTED AQ SUPPORTER)

March 20, 2017

Buckle up, folks, DOJ just filed a civil suit to revoke the citizenship of Iyman Faris (currently serving a 20 year sentence for providing material support to al Qaeda). See 8 USC 1451 for the operative statute. I have no idea how accurate this is, but there is a Wikipedia page here addressing past instances of revocation (107 since 1979, it says).

The complaint is attached, the press release is below:

Faris Complaint to Revoke Naturalization.pdf


nationalsecuritylaw United States v. Harun (E.D.N.Y. May 16, 2017) (guilty verdict in prosecution of AQ member)

March 17, 2017

A pretty remarkable fact pattern in this one, and yet another successful DOJ prosecution of an al Qaeda member. Note that this one could easily have been in a military commission had Harun been captured by U.S. personnel or had he been transferred to US control in other circumstances, but since he was instead arrested in Italy—and since Italy almost certainly forbade resort to a commission as a condition of the extradition—he ended up in civilian court instead. Seems extremely likely he’ll get a life sentence.

From DOJ’s press release:

Washington – Today, a jury returned its verdict convicting al Qaeda operative Ibrahim Suleiman Adnan Adam Harun, 46, of multiple terrorism offenses including conspiracy to murder American military personnel in Afghanistan and conspiracy to bomb the U.S. embassy in Nigeria. Harun traveled to Afghanistan in the weeks before Sept. 11, 2001 where he joined al Qaeda, trained at al Qaeda training camps and participated in attacks on U.S. and Coalition troops in Afghanistan in which two American service members were killed and others were seriously wounded in 2003. Harun also received training in explosives from an al Qaeda weapons expert and traveled from Pakistan to Nigeria intending to attack U.S. government facilities there.

The guilty verdict was announced by Acting Assistant Attorney General Mary B. McCord for National Security, Acting U.S. Attorney Bridget M. Rohde for the Eastern District of New York, Assistant Director in Charge William F. Sweeney, Jr. of the FBI’s New York Field Office and Commissioner James P. O’Neill of the NYPD.

“Harun is an al Qaeda operative who targeted U.S. personnel and diplomatic facilities across two continents. The evidence presented at trial established that the defendant and other jihadists attacked a U.S. military patrol in Afghanistan, resulting in the death of two American soldiers and the serious injury of others. Today’s guilty verdict ensures that the defendant will be held accountable for his acts of terrorism,” said Acting Assistant Attorney General McCord. “I want to thank the many agents, analysts, and prosecutors whose hard work and dedication made this result possible.”

“As demonstrated by this case, the United States will be tireless in its efforts to hold al-Qaeda members accountable when they target American citizens serving their country abroad. We are firmly committed to bringing such terrorists to justice,” said Acting U.S. Attorney Rohde. Ms. Rohde expressed her grateful appreciation to the Department of Defense Army investigators, the Office of Military Commissions, the Italian Ministry of Justice, the Prosecutor’s Office in Palermo, Italy, the Italian National Police, Guardia di Finanza and Carabinieri authorities for their support and assistance.

“We hope the verdict today shows the public the FBI New York JTTF and our law enforcement partners are still arresting, charging and trying operatives for al-Qaeda 15 years after 9/11 because we won’t give up the obligation to bring terrorists to justice,” said FBI Assistant Director in Charge Sweeney. “It should also prove to anyone who wishes to harm our country, we will not stop, and we will never forget.”

“Al Qaeda operative Ibrahim Suleiman Adnan Adam Harun pledged allegiance to a known terrorist organization, conspiring to kill coalition soldiers in Afghanistan and even bomb a U.S. embassy in Nigeria,” said Commissioner O’Neill. “Today’s conviction holds the defendant responsible for the terror he waged overseas. I am thankful to the detectives, agents, and more than 50 partner agencies on the Joint Terrorism Task Force here in Manhattan and to the prosecutors in the Eastern District of New York who continue bring rigorous terrorism cases in federal court.”

Harun, also known as “Spin Ghul,” “Abu Tamim,” “Esbin Gol,” “Isbungoul,” “Joseph Johnson” and “Mortala Mohamed Adam,” was convicted on all five counts presented to the jury, which include conspiracy to murder U.S. nationals; conspiracy to bomb a government facility; conspiracy to provide material support to a foreign terrorist organization, al Qaeda; providing and attempting to provide material support to al Qaeda; and use of explosives in connection with terrorist activities.

During the two-week trial, the government established that Harun, purportedly a citizen of Niger, traveled from Saudi Arabia to Afghanistan in late summer of 2001 to join a jihadist group. There, he moved into an al Qaeda guesthouse – a registration center for new al Qaeda recruits – where he was living on Sept. 11, 2001. Immediately after the September 11 terrorist attacks, al Qaeda military leaders sent Harun to training camps in Afghanistan, in anticipation of an American invasion. At these camps, he learned how to use weapons and explosives, met top al Qaeda leaders and received his “kunya” (nom de guerre) “Spin Ghul,” meaning the, “White Rose.” Harun then traveled to Waziristan in the Federally Administered Tribal Areas region of Pakistan, where he operated under Abdul Hadi al-Iraqi, one of bin Laden’s deputies who was al Qaeda’s top military commander in Afghanistan at that time.

On April 25, 2003, Harun and fellow al Qaeda jihadists ambushed a U.S. military patrol from Firebase Shkin. Harun fired machinegun rounds and threw grenades at American soldiers while shouting “Allahu Akhbar” or “God is Great.” Two U.S. servicemen were killed in the attack, Private First Class Jerod Dennis, 19, of Oklahoma, and Airman First Class Raymond Losano, 24, of Texas. Several other soldiers were seriously wounded. Harun was also wounded but escaped to Pakistan. A pocket-sized Koran recovered at the scene contained Harun’s fingerprints and a journal describing the attacks contained Harun’s alias.

While recovering from his wounds in Pakistan, Harun met with senior al Qaeda officials – including Abu Faraj al-Libi (Abu Faraj), then al Qaeda’s external operations chief – and expressed his desire to engage in acts of terror against U.S. interests outside of Afghanistan, specifically attacks similar to 1998 al Qaeda bombings of the U.S. embassies in Kenya and Tanzania. Harun also swore “bayat” – or formal allegiance – to bin Laden through bin Laden’s military commander Abdul Hadi.

In summer of 2003, Harun traveled from Pakistan to Nigeria, where he planned to bomb the U.S. Embassy. He recruited accomplices, scouted the Embassy and other potential Western targets, and sent an accomplice to find explosives. He also met with local terrorist leaders to build up al Qaeda’s network in West Africa.

In 2004, Harun directed a co-conspirator to travel from Nigeria to deliver information and materials to al Qaeda leaders in Pakistan. After learning that the co-conspirator had been arrested in Pakistan, Harun fled Nigeria. At approximately the same time, the FBI obtained a hard drive containing a letter written from Harun’s al Qaeda handler to Harun, providing him with detailed instructions on how to attack Americans in Nigeria. The letter specifically instructed Harun to target Americans – whom he described as “the head of the snake” – at “locations where Americans congregate,” such as embassies, hotels and “places where they gather for fun.” The al Qaeda handler also instructed Harun to obtain one ton of explosives for the bombing operation in Nigeria.

Harun then traveled to Libya where he planned to surreptitiously enter Europe to carry out terrorist attacks against Western interests. In early 2005, however, he was arrested by Libyan authorities and held in custody until his release in June 2011. Subsequently, Harun was arrested on June 24, 2011 by Italian authorities.

Harun was indicted in the U.S. on Feb. 21, 2012, and the Italian Minister of Justice ordered his extradition on Sept. 14, 2012 to face the charges pending in the Eastern District of New York.

When sentenced by U.S. District Judge Brian M. Cogan on June 22, Harun faces a maximum sentence of life in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

The government’s case is being prosecuted by Assistant U.S. Attorneys Shreve Ariail, Melody Wells and Matthew J. Jacobs of the Eastern District of New York, and Trial Attorney Joseph N. Kaster of the National Security Division’s Counterterrorism Section.

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