nationalsecuritylaw United States v. Jameson (N.D. Cal. Dec. 22, 2017) (material support); United States v. Mamadjonov (D.Conn. Dec. 22, 2017) (immigration charges)

December 30, 2017

With apologies for being slow to forward these, here are two DOJ announcements from December 22nd:

Modesto Man Arrested for Attempting to Provide Material Support to a Terrorist Organization

SACRAMENTO, Calif. — A federal complaint was unsealed today, charging Everitt Aaron Jameson, 26, of Modesto, with attempting to provide material support to a foreign terrorist organization, Attorney General Jeff Sessions and United States Attorney Phillip A. Talbert announced.

According to court documents, Jameson had several online interactions with a confidential source in which he expressed support for the Oct. 31, 2017, terrorist attack in New York City and offered his services for “the cause.” In subsequent communications with an undercover agent, Jameson referred to his training in the U.S. military and noted he had been trained for combat and war. Jameson later met with another undercover agent whom he believed to be associated with the senior leadership of the foreign terrorist organization, ISIS (the Islamic State of Iraq and al-Sham, also known as ISIL). During his interactions with this undercover agent, Jameson offered to carry out violent acts and to provide financial support for the terrorist organization.

“The Department of Justice works resolutely every day to prevent terrorist attacks,” said Attorney General Sessions. “In my time back at the Department, nothing has impressed me more. Today, our incredible law enforcement officers have once again helped thwart an alleged plot to kill Americans. I want to thank the FBI agents and federal prosecutors and everyone else who helped make this possible. The threat from radical Islamic terrorism is real — and it is serious — but the American people can be assured that the Department of Justice remains vigilant in protecting our homeland.”

U.S. Attorney Phillip A. Talbert stated, “I want to express my thanks to the FBI for working in partnership with my office on this case. We are grateful that our hardworking law enforcement partners remain vigilant in protecting our communities, especially during this holiday season.”

This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Dawrence W. Rice and Christopher D. Baker are prosecuting the case with Trial Attorney Brenda Sue Thornton from the U.S. Department of Justice’s National Security Division, Counterterrorism Section.

If convicted, Jameson faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

Lawful Permanent Resident from Uzbekistan Charged with Immigration Offenses

John H. Durham, United States Attorney for the District of Connecticut, and Patricia M. Ferrick, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, announced that SIDIKJON MAMADJONOV, 31, a citizen of Uzbekistan residing in New Britain, was arrested today on a criminal complaint charging him with immigration offenses.

MAMADJONOV appeared before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and was ordered detained.

As alleged in court documents, MAMADJONOV was admitted to the U.S. in February 2009 and became a lawful permanent resident in September 2010. On September 8, 2014, MAMADJONOV submitted to U.S. Citizenship and Immigration Services an Application for Naturalization, Form N-400.

The complaint alleged that, on November 20, 2017, in an interview with the FBI, MAMADJONOV stated that on a trip to Turkey in May 2013, he was informed that his brother Saidjon had died in May or June 2013 while fighting in Syria with the “Nusra” group, which was affiliated with ISIS. When MAMADJONOV returned from Turkey, he received a FedEx package that contained what he believed to be Saidjon’s iPhone. The iPhone contained several videos and photographs depicting Saidjon in Syria. MAMADJONOV recalled a video in which Saidjon stated, “Join us brother, we are here.” Also contained on the phone were photographs of Saidjon cleaning weapons in military dress while armed with a weapon, as well as a photograph of Saidjon’s dead body and his bloodied face.

The complaint alleges that in FBI interviews on May 14 and May 29, 2014, and on November 28, 2014, MAMADJONOV responded to questions about the trip he took to Turkey in May 2013, and questions about his brother, Saidjon Mamadjonov. During all three interviews, MAMADJONOV stated that Saidjon Mamadjonov was still alive when he knew he was dead.

The complaint further alleged that in an FBI interview on August 17, 2016, MAMADJONOV stated that he did not know the whereabouts of Saidjon, had not overheard any discussions of Uzbeks in the U.S. going over to Syria to fight, and was not aware of any Uzbeks travelling to Syria.

The complaint alleged that in response to Part 11, Question 10 of the Form N-400 MAMADJONOV submitted in September 2014, “Have you ever been a member of, or in any way associated (either directly or indirectly) with: C. A terrorist organization?” MAMADJONOV responded “No.” Also, in response to Part 11, Question 31 of Form N-400, “Have you ever given any Government official information that was materially false, fraudulent or misleading?” MAMADJONOV responded “No.” MAMADJONOV signed the form below the statement “I certify, under penalty of perjury under the laws of the United States of America, that this application, and the evidence submitted with it, are all true and correct.”

The complaint further alleged that, on October 27, 2016, in an interview with a U.S. Citizenship and Immigration Services officer regarding his Form N-400, MAMADJONOV again provided false statements and concealed information about his association with a member of a known terrorist organization. At the conclusion of the interview, he swore an oath under penalty of perjury that his responses were true.

The complaint charges MAMADJONOV with the unlawful procurement of naturalization, and making a false oath or declaration under penalty of perjury, offenses that carry a maximum term of imprisonment of 10 years. The complaint also charges MAMADJONOV with making false statements on a naturalization application, an offense that carries a maximum term of imprisonment of five years.

U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

This matter is being investigated by the Federal Bureau of Investigation’s Joint Terrorism Task Force, Homeland Security Investigations, Internal Revenue Service – Criminal Investigation Division, U.S. Citizenship and Immigration Services, New Britain Police Department and Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito, with the assistance of the National Security Division’s Counterterrorism Section.