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27 November 1998
Source: PACER
See related files: http://jya.com/alqfiles.htm
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PACER SESSION DATE: Friday November 27, 1998 11:00:51 AM EST
Docket as of November 24, 1998 2:26 am Page 1
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
PRIOR
U.S. District Court
Southern District of New York - Civil Database (Foley Square)
CRIMINAL DOCKET FOR CASE #: 98-CR-1023-ALL
USA v. Hage, et al Filed: 09/21/98
Other Dkt # 1:98-m -02166
Case Assigned to: Judge Leonard B. Sand
WADIH EL HAGE (1) Bruce McIntyre
aka [COR LD NTC cja]
"Abdus Sabbur," 361 Broadway
defendant Suite 510
New York, NY 10013
(212) 219-3100
Pending Counts: Disposition
18:1623.F FALSE DECLARATIONS
BEFORE GRAND JURY/COURT
(PERJURY)
(1 - 8)
18:2332(b),(d) CONSPIRACY TO
MURDER U.S. NATIONALS
(1s)
18:2332(b) CONSPIRACY TO
MURDER U.S. NATIONALS
(1ss)
18:1001.F STATEMENTS OR
ENTRIES GENERALLY (FALSE
STATEMENTS)
(9 - 11)
18:1623 PERJURY BEFORE FEDERAL
GRAND JURIES
(228s - 235s)
18:1623 PERJURY
(228ss - 235ss)
18:1001 FALSE STATEMENTS
(236s - 238s)
18:1001 FALSE STATEMENTS
(236ss - 238ss)
Docket as of November 24, 1998 2:26 am Page 2
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints Disposition
18 U.S.C. 1001: FALSE
STATEMENTS.
[ 1:98-m -2166 ]
========================
Case Assigned to: Judge Leonard B. Sand
FAZUL ABDULLAH MOHAMMED (2)
aka
Harun Fazhl
aka
Fazhl Abdullah
aka
Fazhl Khan
defendant
Pending Counts: Disposition
18:2332(b)(d) CONSPIRACY TO
MURDER U.S. NATIONALS
(1)
18:2332(b) CONSPIRACY TO
MURDER U.S. NATIONALS
(1s)
18:844(f)(1),(f)(3),2 MURDER
DURING BOMBING AT U.S.
PROPERTY
(2 - 3)
18:844(f)(1),(f)(3),2 MURDER
DURING BOMBING OF U.S.
PROPERTY
(2s - 3s)
18:930(c),2 MURDER
(4 - 227)
Docket as of November 24, 1998 2:26 am Page 3
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
18:930(c),2 MURDER
(4s - 227s)
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints:
NONE
========================
Case Assigned to: Judge Leonard B. Sand
MOHAMED SADEEK ODEH (3)
aka
Abu Moath
aka
Noureldine
aka
"Marwan"
aka
Hydar
defendant
Pending Counts: Disposition
18:2332(b)(d) CONSPIRACY TO
MURDER U.S. NATIONALS
(1)
18:2332(b) CONSPIRACY TO
MURDER U.S. NATIONALS
(1s)
18:844(f)(1),(f)(3),2 MURDER
DURING BOMBING AT U.S.
PROPERTY
(2 - 3)
18:844(f)(1),(f)(3),2 MURDER
DURING BOMBING OF U.S.
PROPERTY
(2s - 3s)
Docket as of November 24, 1998 2:26 am Page 4
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
18:930(c),2 MURDER
(4 - 227)
18:930(c),2 MURDER
(4s - 227s)
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints:
NONE
========================
Case Assigned to: Judge Leonard B. Sand
MOHAMED RASHED DAOUD AL-
'OWHALI (4)
aka
Khalid Salim Saleh Bin Rashed
aka
"Moath"
aka
Abdul Jabbar Ali Abel-Latif
defendant
Pending Counts: Disposition
18:2332(b)(d) CONSPIRACY TO
MURDER U.S. NATIONALS
(1)
18:2332(b) CONSPIRACY TO
MURDER U.S. NATIONALS
(1s)
18:844(f)(1),(f)(3),2 MURDER
DURING BOMBING AT U.S.
PROPERTY
(2 - 3)
18:844(f)(1),(f)(3),2 MURDER
DURING BOMBING OF U.S.
Docket as of November 24, 1998 2:26 am Page 5
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
PROPERTY
(2s - 3s)
18:930(c),2 MURDER
(4 - 227)
18:930(c),2 MURDER
(4s - 227s)
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints:
NONE
========================
Docket as of November 24, 1998 2:26 am Page 6
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
Case Assigned to: Judge Leonard B. Sand
USAMA BIN LADEN (5)
aka
Usamah Bin-Muhammad Bin-Ladin
aka
Shaykh Usamah Bin-Ladin
aka
Mujahid Shaykh
aka
Hajj
aka
al Qaqa
aka
the Director
defendant
Pending Counts: Disposition
18:2332(b) CONSPIRACY TO
MURDER U.S. NATIONALS
(1)
18:844(f)(1),(f)(3),2 MURDER
DURING BOMBING OF U.S.
PROPERTY
(2 - 3)
18:930(c) MURDER
(4 - 227)
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints:
NONE
========================
Docket as of November 24, 1998 2:26 am Page 7
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
Case Assigned to: Judge Leonard B. Sand
MUHAMMAD ATEF (6)
aka
Abu Hafs
aka
Abu Hafs el Masry
aka
Abu Abu Hafs el Masry el
Khabir
aka
Taysir
aka
Aheikh Taysir Abdullah
defendant
Pending Counts: Disposition
18:2332(b) CONSPIRACY TO
MURDER U.S. NATIONALS
(1)
18:844(f)(1),(f)(3),2 MURDER
DURING BOMBING OF U.S.
PROPERTY
(2 - 3)
18:930(c) MURDER
(4 - 227)
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints:
NONE
U. S. Attorneys:
Patrick J. Fitzgerald
[COR LD NTC]
Chief, Organized Crime and
Terrorism
Mary Jo White, United States
Attorney
Docket as of November 24, 1998 2:26 am Page 8
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
Criminal Division
One St. Andrew's Plaza
New York, NY 10007
USA
(212) 637-1045
Docket as of November 24, 1998 2:26 am Page 9
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
9/16/98 -- ARREST of Wadih El Hage.
[ 1:98-m -2166 ] (gq) [Entry date 09/22/98]
9/17/98 1 COMPLAINT as to Wadih El Hage in violation of 18 U.S.C.
1001. ( signed by Magistrate Judge James C. Francis IV )
[ 1:98-m -2166 ] (gq) [Entry date 09/22/98]
[Edit date 09/22/98]
9/17/98 2 CJA 23 Financial Affidavit as to Wadih El Hage : ( Signed by
Magistrate Judge James C. Francis IV )
[ 1:98-m -2166 ] (gq) [Entry date 09/22/98]
[Edit date 09/22/98]
9/17/98 3 CJA 20 as to Wadih El Hage : Appointment of Attorney Bruce
McIntyre. ( Signed by Magistrate Judge James C. Francis IV
)
[ 1:98-m -2166 ] (gq) [Entry date 09/22/98]
9/17/98 4 NOTICE of Appearance for Wadih El Hage by Attorney Bruce
McIntyre.
[ 1:98-m -2166 ] (gq) [Entry date 09/22/98]
[Edit date 09/22/98]
9/17/98 -- First Appearance as to Wadih El Hage held. Deft appears
with CJA atty Bruce McIntyre. AUSA Patrick Fitzgerald
present for the gov't. Preliminary Examination set for
10/1/98 for Wadih El Hage ; Detention Hearing set for 2:00
9/21/98 for Wadih El Hage ; (Mag. Judge Francis, IV).
[ 1:98-m -2166 ] (gq) [Entry date 09/22/98]
9/21/98 -- Detention hearing as to Wadih El Hage held. Deft appears
with CJA atty Bruce McIntyre. AUSA Patrick Fitzgerald
present for the gov't. Detention hearing adjourned on
deft's request until 9/23/98 at 2:30 p.m. Deft to be
detained until hearing. (Mag. Judge Pitman).
[ 1:98-m -2166 ] (gq) [Entry date 09/22/98]
9/21/98 5 INDICTMENT as to Wadih El Hage (1) count(s) 1-8, 9-11
(Preliminary Examination cancelled.) (jm)
[Entry date 09/22/98]
9/23/98 -- Detention hearing as to Wadih El Hage held. Deft present
w/atty Bruce Mcintyre, AUSA Patrick Fitzgerald present.
Deft detained (Bernikow, MJ). (bh) [Entry date 09/24/98]
9/23/98 6 ORDER OF DETENTION as to Wadih El Hage defendant has ties
to other countries, risk of flight.( Signed by Magistrate
Judge Leonard Bernikow ) (bh) [Entry date 09/24/98]
Docket as of November 24, 1998 2:26 am Page 10
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
9/24/98 -- Arraignment as to Wadih El Hage held. Deft. Hage pres.
w/atty. Bruce McIntyre. AUSA, Patrick Fitzgerald and Ken
Karas. Deft. Wadih El Hage (1) enters a plea of not guilty
to count(s) 1-8, 9-11 before Magistrate Judge Leonard
Bernikow. Case has been assigned to Judge Sprizzo for all
purposes. Deft's. bail-status detained. (Magistrate Judge
Bernikow) (ba) [Entry date 09/29/98]
9/24/98 -- PLEA entered by Wadih El Hage . Court accepts plea. Not
Guilty: Wadih El Hage (1) count(s) 1-8, 9-11 (ba)
[Entry date 09/29/98]
9/24/98 -- CASE assigned to Judge John E. Sprizzo (ba)
[Entry date 09/29/98]
9/24/98 7 NOTICE of Appearance for Wadih El Hage by Attorney Bruce
McIntyre. (ba) [Entry date 09/29/98]
10/1/98 -- Status conference as to Wadih El Hage held. Dft. present
with atty. Bruce McIntyre. AUSA Patrick Fitzgerald present.
Case reassigned to Judge Sand. Dft. continued
detained.....Eaton, J. (mb) [Entry date 10/06/98]
[Edit date 10/06/98]
10/1/98 -- CASE reassigned to Judge Leonard B. Sand. (mb)
[Entry date 10/07/98]
10/1/98 8 Pursuant to the memorandum of the Case Processing Asst. the
above entitled action is reassigned to Judge Sand as to
Wadih El Hage. Copies sent to attorney of record on 10/7/98.
Documents received on 10/9/98 by Elizabeth Stanton. . (mb)
[Entry date 10/07/98] [Edit date 10/14/98]
10/7/98 -- Status conference as to Wadih El Hage held. Deft. El Hage
present w/atty Bruce McIntyre. AUSA Patrick Fitzgerald and
Ken Karas present. Conference held. Govt' will need a
month to gather facts as to how much discovery time will be
needed. Status conference set for 11/10/98 at 9:30 a.m.
Gov't submit order excluding time thru Nov. 10, 1998. Deft.
cont'd detained. Gov't will file a S-Ind this day. (rg)
[Entry date 10/08/98]
10/7/98 -- Status conference as to Wadih El Hage set at 9:30 11/10/98
for Wadih El Hage (rg) [Entry date 10/08/98]
10/7/98 11 (S1) SUPERSEDING INDICTMENT as to Wadih El Hage (1)
count(s) 1s, 228s-235s, 236s-238s, Fazul Abdullah
Mohammed (2) count(s) 1, 2-3, 4-227, Mohamed Sadeek Odeh
(3) count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al-'Owhali
(4) count(s) 1, 2-3, 4-227 (rg) [Entry date 10/30/98]
Docket as of November 24, 1998 2:26 am Page 11
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
10/8/98 9 ORDER as to Wadih El Hage, Time is excluded from 10/7/98
until 11/10/9 pursuant to the Speedy Trial Act and to
Continue in Interests of Justice ( Signed by Judge Leonard
B. Sand ); Copies mailed. (mb) [Entry date 10/14/98]
10/8/98 -- First Appearance as to Mohamed Sadeek Odeh, Mohamed Rashed
Daoud Al-'Owhali held (rg) [Entry date 10/30/98]
10/8/98 -- Arraignment as to Wadih El Hage, Mohamed Sadeek Odeh,
Mohamed Rashed Daoud Al-'Owhali held Wadih El Hage (1)
count(s) 1s, 228s-235s, 236s-238s, Mohamed Sadeek Odeh (3)
count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al-'Owhali (4)
count(s) 1, 2-3, 4-227 before Judge Leonard B. Sand.
Deft. El Hague present w/atty Bruce McIntyre, Esq. Deft.
Odeh present w/atty Michael Young, Esq. Deft. Al-Owhali
present w/atty Leonard Joy, Esq. AUSA Patrick Fitzgerald
and Kenneth Karas present. Interpreter Hassan Moawa
(Arabic) present. Deft. El Hage is arraigned and pleads
not guilty on each of counts 1 and 228 thru 238 as charged
on S Indictment. Deft. Mohamed Odeh is arraigned on S
Indictment and pleads not guilty on counts 1 and 2 thru 227
as charged. Deft. Mohamed Rashed Daoud Al'Owhali is
arraigned on S-Ind. and pleads not guilty on counts 1 and 2
thru 227 as charged. All defts remain detained. Govt'
submit order excluding time thru 11/10/98. Further status
conference on 11/10/98 at 9:30. (rg) [Entry date 10/30/98]
10/8/98 -- PLEA entered by Wadih El Hage, Mohamed Sadeek Odeh, Mohamed
Rashed Daoud Al-'Owhali . Court accepts plea. Not Guilty:
Wadih El Hage (1) count(s) 1s, 228s-235s, 236s-238s,
Mohamed Sadeek Odeh (3) count(s) 1, 2-3, 4-227, Mohamed
Rashed Daoud Al-'Owhali (4) count(s) 1, 2-3, 4-227 (rg)
[Entry date 10/30/98]
10/8/98 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh,
Mohamed Rashed Daoud Al-'Owhali set at 9:30 11/10/98 for
Wadih El Hage, for Mohamed Sadeek Odeh, for Mohamed Rashed
Daoud Al-'Owhali (rg) [Entry date 10/30/98]
10/9/98 10 ORDER as to Wadih El Hage, Time excluded from 10/7/98
until 11/10/98 to Continue in Interests of Justice (
Signed by Judge Leonard B. Sand ); Copies mailed. (mr)
[Entry date 10/14/98]
10/10/98 15 LETTER filed as to Mohamed Rashed Daoud Al-'Owhali From
Leonard F. Joy, Dated 11/6/98, Addressed to: Patrick
Fitzgerald,AUSA Re: Discovery Issues (mb)
[Entry date 11/16/98]
Docket as of November 24, 1998 2:26 am Page 12
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
11/4/98 13 (S2) SUPERSEDING INDICTMENT as to Wadih El Hage (1)
count(s) 1ss, 228ss-235ss, 236ss-238ss, Fazul Abdullah
Mohammed (2) count(s) 1s, 2s-3s, 4s-227s, Mohamed Sadeek
Odeh (3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud
Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s, Usama Bin
Laden (5) count(s) 1, 2-3, 4-227, Muhammad Atef (6)
count(s) 1, 2-3, 4-227 (rg) [Entry date 11/12/98]
11/4/98 16 Arrest WARRANT issued as to Usama Bin Laden (mb)
[Entry date 11/18/98]
11/4/98 17 ARREST WARRANT issued as to Muhammad Atef (mr)
[Entry date 11/18/98]
11/4/98 19 Arrest WARRANT issued as to Fazul Abdullah Mohammed (rg)
[Entry date 11/19/98]
11/9/98 12 LETTER filed by USA, Dated 11/5/98, Addressed to: Hon.
Leonard B. Sand Re: Status Update For The Court In Advance
Of The Conference On Next Tuesday, November 10, 1998 At
9:30am. (rag) [Entry date 11/09/98]
11/10/98 -- Arraignment as to Wadih El Hage, Mohamed Sadeek Odeh,
Mohamed Rashed Daoud Al-'Owhali held Wadih El Hage (1)
count(s) 1ss, 228ss-235ss, 236ss-238ss, Mohamed Sadeek Odeh
(3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud
Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s before Judge
Leonard B. Sand. Conference and arraignments held. Deft.
El Hage present w/atty Bruce McIntyre. Deft. Odeh present
w/atty Michael A. Young. Deft. Al-Owhali present w/atty
Leonard Joy. AUSA Patirck Fitzgerald present. AUSA Ken
Kara present. Deft. El Hage is arraigned on S(2)
indictment and pleads not guilty on counts 1 and counts 228
thur 238 as charged. Deft. Mohamed Sadeek Odeh is arraigned
on S(2) indictment 98-1023 and pleads not guilty on counts
1 thru 227 as charged. Deft. Mohamed Rashed Daoud Al-Owhali
is arraigned on S(2) Ind. 98 cr 1023 and pleads not guilty
on counts 1 thru 227 as charged. Conference held. First
wave of discovery to be completed by early Feb. 99. Hearing
to be held on 11/16/98 at 3 p.m. on prison conditions at
MCC and on Government's right to make an application for
protective order under R-16(d). Further conference 1/14/99
at 10 a.m. Govt. submit order excluding time thru 1/14/99.
All (3) defts' cont'd remanded. Interpreter Fouad Kheir
(Arabic) present. (rg) [Entry date 11/12/98]
11/10/98 -- PLEA entered by Wadih El Hage, Mohamed Sadeek Odeh, Mohamed
Rashed Daoud Al-'Owhali . Court accepts plea. Not Guilty:
Wadih El Hage (1) count(s) 1ss, 228ss-235ss, 236ss-238ss,
Mohamed Sadeek Odeh (3) count(s) 1s, 2s-3s, 4s-227s,
Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1s, 2s-3s,
4s-227s (rg) [Entry date 11/12/98]
Docket as of November 24, 1998 2:26 am Page 13
Proceedings include all events.
1:98cr1023-ALLUSA v. Hage, et al PRIOR
11/10/98 14 LETTER filed by Wadih El Hage, Fazul Abdullah Mohammed,
Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama
Bin Laden, Muhammad Atef From Michael A. Young, Dated
11/5/98, Addressed to: Mr. Fitzgerald Re: objecting to
the Special Administration Measures which were issued
regarding our clients on or about 10/22/98. (mr)
[Entry date 11/13/98]
11/16/98 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh,
Mohamed Rashed Daoud Al-'Owhali held. Defendant El Hage
present with attorney Bruce McIntyre. Defendant Odeh
present with attorney Michael A. Young. Defendant
Al-'Owhali present with attorny Leonard Joy and David I.
Bruck. Hearing begun on conditions of confinement at MCC
and proposed protective order, and adjourned to 11/17/98.
Also present Dominique Raia, attorney for MCC, and Warden
Dennis Hasty. (mr) [Entry date 11/20/98]
11/17/98 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh,
Mohamed Rashed Daoud Al-'Owhali held. No defendants
present. Bruce McIntyre present for defendant El Hage.
Leonard Joy and Davd Bruck present for defendant
Al-'Owhali. Michael Young, Esq present for defendant Oden.
AUSA Patrick Fitzgerald present. Count concludes that it is
satisfied that conditions at 10-south (at MCC) are not
worse that conditions at 9-south and in some respects more
comfortable. Measures are reasonably based on security
needs and needs of the institution. Government submits
amended order revising S.A.M. conditions. (mr)
[Entry date 11/20/98]
11/18/98 18 TRANSCRIPT of record of proceedings as to Wadih El Hage,
Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed
Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef
for dates of 9/23/98. (mr) [Entry date 11/18/98]
11/19/98 20 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah
Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud
Al-'Owhali, Usama Bin Laden, Muhammad Atef (da)
[Entry date 11/20/98]
[END OF DOCKET: 1:98cr1023-0]
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