Man Offers Guilty Plea, Upending Terror Case

June 14, 2012

The New York Times on June 13, 2012 released the following:

“By BENJAMIN WEISER

A terrorism case in Manhattan that raised key questions about government interrogation tactics ended abruptly on Wednesday after the defendant pleaded guilty to conspiring to support a Somali terrorist group.

The defendant, an Eritrean man named Mohamed Ibrahim Ahmed, admitted in Federal District Court that he trained in a camp run by the Somali group, Al Shabab, in 2009. The case had been seen as a potential test of the Obama administration’s strategy of interrogating terrorism suspects for both intelligence and law enforcement purposes.

Indeed, the plea came as the judge, P. Kevin Castel, was poised to rule on a motion by Mr. Ahmed’s lawyers seeking suppression of statements he had made to the Federal Bureau of Investigation while he was in custody in Nigeria; his lawyers argued that the statements had not been voluntary and, thus, were inadmissible.

“I have in my hand a 60-page draft of the decision on the motion to suppress,” Judge Castel, holding up a thick document, said in court before accepting Mr. Ahmed’s plea. The judge did not reveal how he would have ruled on the motion, but said that the ruling itself would “now be suppressed.”

Mr. Ahmed, 38, who had lived in Sweden, was scheduled for trial on July 9. He had been accused of providing material support to a terrorist group, receiving training and bomb-making instruction in Shabab military camps in Somalia in 2009 and using a firearm in a crime of violence. The firearm count alone carried a mandatory minimum sentence of 30 years and a maximum sentence of life in prison. As a result of Mr. Ahmed’s plea — to two conspiracy counts — he faces a maximum sentence of 10 years when he is sentenced on Nov. 2, the judge said in court.

Mr. Ahmed’s lawyer, Sabrina Shroff, said after the proceeding, “I’m sure Mr. Ahmed would have liked to have challenged the actions of the United States.” But, she added, given the difference between a maximum 10-year sentence and what could have resulted from a guilty verdict, it would have been a “humongous risk” to go to trial.

Preet Bharara, the United States attorney in Manhattan, said Mr. Ahmed had “traveled a long way from his home in Sweden to Somalia, where he took up the cause of Al Shabab, a deadly terrorist organization and sworn enemy of the United States and its people.”

Mr. Ahmed told the judge that in Somalia, he contributed 2,000 euros to Al Shabab and trained in one of its military camps, knowing that the United States considered it a terrorist organization.

Mr. Ahmed was taken into custody by Nigeria in 2009 under suspicion of being an agent for Al Qaeda. He was later interrogated by separate groups of American officials, known colloquially as “dirty” and “clean” teams.

The first team questioned him for intelligence purposes, without advising him of his rights, prosecutors have said. About a week later, a second team, of F.B.I. agents, read him his rights, which he waived, and he began to make incriminating statements, the government says. An issue before the judge had been how separate the American officials kept the two interrogations.

A prosecutor, Benjamin Naftalis, told Judge Castel that had the case gone to trial, the evidence would have included Mr. Ahmed’s statements and testimony from cooperating witnesses. Prosecutors have said a former Shabab military commander has been cooperating; although he has not been identified, his description resembles that of Ahmed Abdulkadir Warsame, a Somali captured by the United States military last year and questioned aboard a naval vessel for about two months.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Traveling to the United States Can Be Dangerous

May 18, 2012

Export Law Blog on May 17, 2012 released the following:

By Clif Burns

“On May 15, Ulrich Davis, a citizen and resident of the Netherlands, was sentenced to six months in prison and a $2,000 fine. He was charged with violating a Temporary Denial Order issued by the Bureau of Industry and Security (“BIS”).

The TDO in question was issued on October 1, 2007, against Aviation Services International, B.V., in the Netherlands, as well as affiliated and related individuals and entities in the Netherlands. Cyprus, and the UAE, and arose out of allegations that the parties subject to the TDO had shipped U.S. origin items to Iran. According to the Criminal Information, which served as the basis for Davis’s plea, Davis provided freight forwarding services involved in the export of acrylic adhesives and spray-paint coatings” from a company in the United States to an unspecified company listed on the TDO. All actions charged in the Criminal Information were undertaken by Davis entirely within the Netherlands and outside the United States.

The reason that Davis wound up being hauled in front of a U.S. federal district court and charged with violating U.S. criminal laws is that he traveled to the United States and was arrested at Newark Liberty Airport on his way back to the Netherlands from the United States. The U.S. takes the position that it has criminal jurisdiction over all persons, regardless of location and citizenship, for crimes arising out of their dealings with U.S. origin goods. This is not a position recognized by many other foreign countries, meaning that it would be unlikely that Davis could have been extradited from the Netherlands based on the actions alleged in this case, which all took place in the Netherlands and which did not violate Dutch law. But once he was in the United States — and voluntarily at that — whether he was extraditable under Dutch law was, at best, a moot point.

Moral of the story: if you live outside the United States and sell U.S. goods to Iran, postpone indefinitely any plans to visit Disneyland. (There is no indication of why Davis was in the United States. The reference to Disneyland is for illustrative purposes only.)”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.