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25 October 1998
Source: Fax from New York FBI, Press Office; (212) 384-2720. Thanks to JM.
See related press release: http://jya.com/usa100798.htm
See related files: http://jya.com/alqfiles.htm
[7 October 1998]
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------x
UNITED STATES OF AMERICA :
- v. - :
WADIH EL HAGE, : INDICTMENT
a/k/a "Abdus Sabbur,"
a/k/a "Abd al Sabbur," : S(1) 98 Cr. 1023 (LBS)
a/k/a "Norman,"
a/k/a "Wa'da Norman," :
FAZUL ABDULLAH MOHAMMED,
a/k/a "Harun Fazhl," :
a/k/a "Fazhl Abdullah,"
a/k/a "Fazhl Khan," :
MAHOMED SADEEK ODEH,
a/k/a "Abu Moath," :
a/k/a "Noureldine,"
a/k/a "Marwan," :
a/k/a "Hydar," and
MOHAMED RASHED DAOUD AL-'OWHALI, :
a/k/a "Khalid Salim Saleh
Bin Rashed," :
a/k/a "Moath,"
a/k/a "Abdul Jabbar Ali Abdel-Latif,":
Defendants. :
-----------------------------------------x
INTRODUCTION
The Grand Jury charges:
Background: Al Qaeda
1. At all relevant times from in or about 1989 until
the date of the filing of this Indictment, an international
terrorist group existed which was dedicated to opposing non-
Islamic governments with force and violence. This organization
grew out of the "mekhtab al khidemat" (the "Services Office")
organization which had maintained offices in various parts of the
world, including Afghanistan, Pakistan (particularly in Peshawar)
and the United States, particularly at the Alkifah Refugee Center
[1]
in Brooklyn, New York. The group was founded by Usama Bin Laden,
"Abu Hafs al Masry," "Abu Ubaidah al Banshiri" and others. From
in or about 1989 until the present, the group called itself "al
Qaeda" ("the Base"). From 1989 until in or about 1991, the group
(hereafter referred to as "al Qaeda") was headquartered in
Afghanistan and Peshawar, Pakistan. In or about 1991, the
leadership of al Qaeda, including its "emir" (or prince) Usama
Bin Laden, relocated to the Sudan. Al Qaeda was headquartered in
the Sudan from approximately 1991 until approximately 1996 but
still maintained offices in various parts of the world. In 1996,
Usama Bin Laden and al Qaeda relocated to Afghanistan. At all
relevant times, al Qaeda was led by its emir, Usama Bin Laden.
Members of a Qaeda pledged an oath of allegiance (called a
"bayat") to Usama Bin Laden and al Qaeda.
2. Al Qaeda opposed the United States for several
reasons. First, the United States was regarded as an "infidel"
because it was not governed in a manner consistent with the
group's extremist interpretation of Islam. Second, the United
States was viewed as providing essential support for other
"infidel" governments and institutions, particularly the
governments of Saudi Arabia and Egypt, the nation of Israel
and the United Nations organization, which were regarded as enemies
of the group. Third, al Qaeda oppose the involvement of the
United States armed forces in the Gulf War in 1991 and in
Operation Restore Hope in Somalia in 1992 and 1993, which were
viewed by al Qaeda as pretextual preparations for an American
2
occupation of Islamic countries. In particular, al Qaeda opposed
the continued presence of American military forces in Saudi
Arabia (and elsewhere on the Saudi Arabian peninsula) following
the Gulf War. Fourth, al Qaeda opposed the United States
Government because of the arrest, conviction and imprisonment of
persons belonging to al Qaeda or its affiliated terrorist groups
or with whom it worked, including Sheik Omar Abdel Rahman.
3. One of the principal goals of al Qaeda was to
drive the United States armed forces out of Saudi Arabia )and
elsewhere on the Saudi Arabian peninsula) and Somalia by
violence. Members of al Qaeda issued fatwahs (rulings on Islamic
law) indicating that such attacks were both proper and necessary.
4. Al Qaeda functioned both on its own and through
some of the terrorist organizations that operated under its
umbrella, including: the Al Jihad group based in Egypt, led by,
among others, Dr. Ayman al Zawahiri, named as a co-conspirator
but not as a defendant herein; the Islamic Group (also known as
"el Gamaa Islamia" or simply "Gamaa't"), led by Sheik Omar Abdel
Rahman and later by Ahmed Refai Taha, a/k/a "Abu Yasser al
Masri," named as co-conspirators but not as defendants herein;
and a number of jihad groups in other countries, including the
Sudan, Egypt, Saudi Arabia, Yemen, Somalia, Eritrea, Djibouti,
Afghanistan, Pakistan, Bosnia, Croatia, Albania, Algeria,
Tunisia, Lebanon, the Philippines, Tajikistan, Azerbaijan, and the
Kashmiri region of India and the Chechnyan region of Russia. Al
Qaeda also maintained cells and personnel in a number of
3
countries to facilitate its activities, including in Kenya,
Tanzania, the United Kingdom and the United States.
5. Usama Bin Laden and al Qaeda also forged alliances
with the National islamic Front in the Sudan and with
representatives of the government of Iran, and its associated
terrorist group Hezballah, for the purpose of working together
against their perceived common enemies in the West, particularly
the United States.
COUNT ONE
The Conspiracy to Kill United States Nationals
6. From at least 1991 until the date of the filing of
this Indictment, in Afghanistan, Pakistan, the Sudan, Saudi
Arabia, Yemen, Somalia, Kenya, Tanzania, the Philippines and
elsewhere out of the jurisdiction of any particular state or
district, WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al
Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," FAZUL ABDULLAH
MOHAMMED, a/k/a "Harun Fazhl," a/k/a "Fazhl Abdullah," a/k/a
"Fazhl Khan," MAHOMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a
"Noureldine," a/k/a "Marwan," a/k/a "Hydar," and MOHAMED RASHED
DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a
"Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif," defendants at
least one of whom was first brought to and arrested in the
Southern District of New York, together with other members and
associates of Al Qaeda and others known and unknown to the Grand
Jury, unlawfully, willfully and knowingly combined, conspired,
confederated and agreed unlawfully to kill nationals of the
4
United States in violation of Title 18, United States Code,
Section 2332(a).
7. The objectives of the conspiracy included: (i)
killing United States nationals employed by the United States
military who were serving in Somalia and on the Saudi Arabian
peninsula; (ii) killing United States nationals employed at the
United States Embassies in Nairobi, Kenya, and Dar es Salaam,
Tanzania; and (iii) engaging in conduct to conceal the activities
and means and methods of the co-conspirators by, among other
things, establishing front companies, providing false identity
and travel documents, engaging in coded correspondence and
providing false information to the authorities in various
countries.
Overt Acts
8. In furtherance of the said conspiracy, and to
effect the illegal objects thereof, the following overt acts,
among others, were committed:
The Provision of Guesthouse and Training Camps
a. At various times from at least as early as
1989, Usama Bin Laden and others known and unknown, provided
training camps and guesthouses in various areas, including
Afghanistan, Pakistan, the Sudan, Somalia and Kenya for teh sue
of al Qaeda and its affiliated groups;
The Recruitment of American Citizens
b. At various times from at least as early as
1989, Usama Bin Laden, and others known and unknown, made efforts
5
to recruit United States citizens, including the defendant WADIH
EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a
"Norman," a/k/a "Wa'da Norman," to help al Qaeda in order to
utilize american citizens for travel throughout the Western
world to deliver messages and engage in financial transactions
for the benefit of al Qaeda and its affiliated groups and to help
carry out operations;
Financial Dealings
c. At various times from at least as early as
1989 until the date of teh filing of this Indictment, Usama Bin
Laden, and others known and unknown to the Grand Jury, engaged in
financial and business transactions on behalf of defendant Usama
Bin Laden and al Qaeda, including, but not limited to: purchasing
land for training camps; purchasing warehouses for storage of
items, including explosives; transferring funds between corporate
accounts; and transporting currency and weapons to members of al
Qaeda and its associated terrorist organizations in various
countries throughout the world.
Establishment of Businesses in the Sudan
d. Following al Qaeda's move to the Sudan in or
about 1991, Usama Bin Laden established a headquarters in the
Riyadh section of Khartoum. Usama Bin Laden also established a
series of businesses in the Sudan, including a holding company
known as "Wadi al Aqiq", a construction business known as "Al
Hijra," an agricultural company known as "al Themar al Mubaraka,"
an investment company known as "Ladin International," an
6
investment company known as "Taba Investments," and a
transportation company known as "Qudarat Transport Company."
These companies were operated to provide income to support al
Qaeda and to provide cover for the procurement of explosives.
The defendant WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al
Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," worked for the
various bin Laden companies and also served as Bin Laden's
personal secretary;
Mohamed Sadeek Odeh Joins Al Qaeda
e. In or about 1992, the defendant MAHOMED
SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a
"Marwan," a/k/a "Hydar," after receiving training (including
explosives training) in various camps in Afghanistan, including
al Qaeda camps, joined al Qaeda and agreed to follow the orders
of Usama Bin Laden, the emir (prince) of al Qaeda, as long as the
orders did not violate Islamic law. ODEH remained a member of al
Qaeda through at least on or about August 7, 1998;
The Fatwahs Against American Troops in Saudi Arabia and Yemen
f. At various times from in or about 1992 until
the date of the filing of this Indictment, Usama Bin Laden,
working with members of the fatwah committee of al Qaeda, issued
fatwahs (rulings of Islamic law) to other members and associates
of al Qaeda that the United States forces stationed on the Saudi
Arabian peninsula, including both Saudi Arabia and Yemen, should
be attacked;
7
The Fatwah Against American Troops in Somalia
g. At various times from in or about 1992 until
in or about 1994, Usama Bin Laden working with members of the
fatwah committee of al Qaeda, issued fatwahs to other members and
associates of al Qaeda that the United States forces stationed in
the Horn of Africa, including Somalia, should be attacked;
The Attacks on the United States Forces in Somalia
h. Beginning in or about early spring 1993, al
Qaeda members, including the defendants FAZUL ABDULLAH MOHAMMED,
a/k/a "Harun Fazhl," a/k/a "Fazhl Abdullah," a/k/a "Fazhl Khan,"
and MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine,"
a/k/a "Marwan," a/k/a "Hydar," along with "Abu Ubaidah al
Banshiri" and "Abu Hafs el Masry," co-conspirators not named
herein as defendants, provided military training and assistance
to Somali tribes opposed to the United Nations' intervention in
Somalia;
i. On October 3 and 4, 1993, in Mogadishu,
Somalia, persons who had been trained by al Qaeda (and by
trainers trained by al Qaeda) participated in an attack on United
States military personnel serving in Somalia as part of Operation
Restore Hope, which attack resulted in the killing of 18 United
States Army personnel;
The Establishment of the Kenya Base of Operations
j. In or about 1994, the defendant MOHAMED SADEEK
ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a "Marwan,"
a/k/a "Hydar," moved to Mombasa, Kenya, and set up a fishing
8
business with al Qaeda money which was used to support al Qaeda
members in Kenya. While in Kenya, ODEH was visited by the
military commanders of al Qaeda, "Abu Hafs al Masry" and "Abu
Ubaidah al Banshiri";
k. In or about 1994, the defendant WADIH EL HAGE
a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman,"
a/k/a "Wa'da Norman," moved from Khartoum in the Sudan to
Nairobi, Kenya, and set up businesses and other organizations
members in Kenya. While in Kenya, the defendant WADIH EL HAGE,
a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman,"
a/k/a "Wa'da Norman," met repeatedly with one of the military
commanders of al Qaeda, "Abu Ubaidah al Banshiri";
l. In or about 1996, in Mombasa, Kenya, an
individual associated with al Qaeda displayed TNT and detonators
obtained in Tanzania to the defendant MOHAMED SADEEK ODEH, a/k/a
"Abu Moath," a/k/a "Noureldine," a/k/a "Marwan," a/k/a "Hydar";
The Drowning of "Abu Ubaidah al Banshiri" and its Aftermath
m. In or about the spring of 1996, "Abu Ubaidah
al Banshiri," a ranking military commander of al Qaeda, was
travelling by ferry through Lake Victoria when the boat sank and
"Abu Ubaidah" drowned:
n. In or about the spring of 1996, the defendants
WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur,"
"Norman," a/k/a "Wa'da Norman," and FAZUL ABDULLAH MOHAMMED,
a/k/a "Harun Fazhl," a/k/a "Fazhl Abdullah," a/k/a "Fazhl Khan,"
went to Lake Victoria to investigate the circumstances of the
9
drowning of "Abu Ubaidah al Banshiri" and to report back to Usama
Bin Laden;
Al-'Owhali Receives Training in al Qaeda Camps
o. Beginning in or about 1996, the defendant
MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin
Rashed," a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif," was
trained in a number of camps in Afghanistan, including a number
of camps affiliated with al Qaeda. AL-'OWHALI was trained in
explosives, hijacking, kidnapping, assassination and intelligence
techniques;
The August 1996 Declaration of War
p. On or about August 23, 1996, Usama Bin Laden
signed and issued a Declaration of Jihad entitled "Message from
Usamah Bin-Muhammad Bin-Laden to His Muslim Brothers in the Whole
World and Especially in the Arabian Peninsula: Declaration of
Jihad Against the Americans Occupying the Land of the Two Holy
Mosques; Expel the Heretics from the Arabian Peninsula"
(hereafter the "Declaration of Jihad") from the Hindu Kush
mountains in Afghanistan;
Al-'Owhali Meets with Bin Laden
q. In or about 1996, following his training in a
number of camps in Afghanistan, including a number of camps
affiliated with al Qaeda, the defendant MOHAMED RASHED DAOUD AL-
'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a "Moath,"
a/k/a "Abdul Jabbar Ali Abdel-Latif," met with Usama Bin Laden
and asked him for a "mission";
10
El Hage Engages in Coded Correspondence
r. At various times during the course of the
conspiracy, the defendant WADIH EL HAGE, a/k/a "Abdus Sabbur,"
a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman,"
engaged in coded correspondence with other members and associates
of the al Qaeda organization;
El Hage Lies to the FBI in September 1997
s. On or about September 23, 1997, in the
Southern District of New York, the defendant WADIH EL HAGE, a/k/a
"Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a
"Wa'da Norman," made false statements concerning the nature of
his contacts with al Qaeda to a Special Agent of the Federal
Bureau of Investigation conducting a criminal investigation of el
Qaeda;
El Hage Lies to the Grand Jury in September 1997
t. On or about September 24, 1997, in the
Southern District of New York, the defendant WADIH EL HAGE, a/k/a
"Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a
"Wa'da Norman," made false statements concerning the nature of
his contacts with al Qaeda to a federal Grand Jury conducting an
investigation of al Qaeda;
E1 Hage Lies to the FBI in October l997
u. On or about October 17, 1997, in Texas, the
defendant WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al
Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," made false
statements concerning the nature of his contacts with al Qaeda to
11
Special Agents of the Federal Bureau of Investigation conducting
a criminal investigation of al Qaeda;
The February 1998 Fatwah Against American Civilians
v. In February 1998, Usama Bin Laden issued a
fatwah, under the banner of the "International Islamic Front for
Jihad on the Jews and Crusaders." This fatwah stated that
Muslims should kill Americans -- including civilians -- anywhere
in the world where they can be found;
w. In or about April 1998, the defendant MOHAMED
SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a
"Marwan," a/k/a "Hydar," discussed BIN LADEN's fatwahs against
America with another member of al Qaeda in Kenya;
The May 1998 Press Conference
x. In the days immediately following a May 1998,
press interview, Usama Bin Laden held a press conference in
Khost, Afghanistan, attended also by the defendant MOHAMED RASHED
DAOUD AL-'OWHALI, where Usama Bin Laden repeated his intention to
kill Americans;
Preparation for the Bombings of United States Embassies
y. In or about May 1998, the defendant FAZUL
ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a "Fazhl Abdullah,"
a/k/a "Fazhl Khan," rented a villa located at 43 Rundu Estates in
Nairobi, KenYa;
z. In or about July 1998, the defendant MOHAMED
SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a
"Marwan," a/k/a "Hydar," discussed with another member of al
12
Qaeda in Kenya the fact that Usama Bin Laden had formed a united
front against the United States with other Islamic extremist
groups;
aa. On or about July 31, 1998, the defendant
MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin
Rashed," a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif,"
travelled from Lahore, Pakistan, to Nairobi, Kenya;
ab. In or about July 1998, the defendant MOHAMED
RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed,"
a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif," and an
individual known as "Azzam" filmed a videotape to celebrate their
anticipated "martyrdom" in a bombing operation to be conducted
against United States interests in East Africa, claiming credit
in the name of a fictitious organization, the "Army for the
Liberation of Islamic Holy Places";
ac. Prior to August 2, 1998, the defendant
MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a
"Marwan," a/k/a "Hydar," obtained a false passport to facilitate
his travel with other al Qaeda members to Afghanistan to meet
with Usama Bin Laden;
ad. On or about August 1, 1998, an al Qaeda
member advised the defendant MOHAMED SADEEK ODEH, a/k/a "Abu
Moath," a/k/a "Noureldine," a/k/a "Marwan," a/k/a "Hydar," that
all members of al Qaeda had to leave Kenya by Thursday, August 6
1998;
ae. In or about early August 1998, the defendant
13
MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a
"Marwan," a/k/a "Hydar," and other members of al Qaeda travelled
from Mombasa, Kenya, to Nairobi, Kenya;
The Final Preparations for the Bombings
af. During the first week of August 1998, the
defendants FAZUL ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a
"Fazhl Abdullah," a/k/a "Fazhl Khan," and MOHAMED RASHED DAOUD
AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a "Moath,"
a/k/a "Abdul Jabbar Ali Abdel-Latif," together with "Azzam" and
other members of al Qaeda, met at a villa located at number 43
Rundu Estates in Nairobi, Kenya, to make final preparations for
the bombing of the United States EMbassy in Nairobi, Kenya;
ag. On or about August 2, 1998, the defendants
MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a
"Marwan," a/k/a "Hydar," and FAZUL ABDULLAH MOHAMMED, a/k/a
"Harun Fazhl," a/k/a "Fazhl Abdullah," a/k/a "Fazhl Khan,"
together with other members of al Qaeda, met at the Hilltop Hotel
in Nairobi, Kenya;
ah. From August 2 through August 6, l998, the
defendant MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a
"Noureldine." a/k/a "Marwan " a/k/a "Hydar," stayed together with
other members of al Qaeda at the Hilltop Hotel in Nairobi, Kenya;
ai. On or about August 4, 1998, the defendants
FAZUL ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a "Fazhl
Abdullah," a/k/a "Fazhl Khan," and MOHAMED RASHED DAOUD AL-
'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a "Moath,"
14
a/k/a "Abdul Jabbar Ali Abdel-Latif," together with "Azzar" and
other members of al Qaeda, reconnoitered the United States
Embassy in Nairobi, Kenya;
aj. On or about August 5, 1998, the defendant
MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a
"Marwan," a/k/a "Hydar," shaved his beard and obtained new
clothing in preparation for travel outside of Kenya to
Afghanistan to meet with Usama Bin Laden;
ak. On or about August 5, 1998, the defendant
MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a
"Marwan," a/k/a "Hydar," walked along Moi Avenue in Nairobi,
Kenya, in the vicinity of the United States Embassy;
Odeh's Flight from Nairobi the Night Before the Bombings
al. On or about August 6, 1998, in the evening,
the defendant MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a
"Noureldine," a/k/a "Marwan," a/k/a "Hydar," based on
instructions from al Qaeda members, left Nairobi, Kenya, for
Pakistan under an assumed name on Pakistani International Airway
flight # 746;
The Bombing in Nairobi
am. On August 7, 1998, beginning at
approximately 9:30 a,m,, the defendant FAZUL ABDULLAH MOHAMMED,
a/k/a "Harun Fazhl," a/k/a "Fazhl Abdullah," a/k/a "Fazhl Khan,"
drove a pick-up truck from the villa located at 43 Rundu Estates
to the vicinity of the United States Embassy in Nairobi, Kenya,
while the defendant MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a
15
"Khalid Salim Saleh Bin Rashed," a/k/a "Moath," a/k/a "Abdul
Jabbar Ali Abdel-Latif," rode in another vehicle containing a
large bomb driven by "Azzam" (the "Nairobi Bomb Truck") to the
United States Embassy in Nairobi, Kenya. The defendant MOHAMED
RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed,"
a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif," possessed
four stun-grenade type devices, a handgun and keys to the
padlocks on the Nairobi Bomb Truck;
an. On August 7, 1998, at approximately 10:30
a.m., the defendant MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a
"Khalid Salim Saleh Bin Rashed," a/k/a "Moath," a/k/a "Abdul
Jabbar Ali Abdel-Latif," got out of the Nairobi Bomb Truck as it
approached the rear of the Embassy building and brandished a stun
grenade before throwing it in the direction of a security guard
and then seeking to flee;
ao. On August 7, 1998, at approximately 10:30
a.m., "Azzam" drove the Nairobi Bomb Truck to the rear of the
Embassy building and fired a handgun at the windows of the
Embassy building;
ap. On August 7, 1998, at approximately 10:30
a,m., "Azzam" detonated the explosive device contained in the
Nairobi Bomb Truck at a location near the rear of the Embassy
building, demolishing a multi-story secretarial college and
severely damaging the United States Embassy building and the
Cooperative Bank Building, causing a total of more than 213
deaths, as well as injuries to more than 4,500 people, including
16
citizens of Kenya and the United States;
aq. Following the August 7, 1998, bombing of the
Embassy building, the defendant MOHAMED RASHED DAOUD AL-'OWHALI
a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a "Moath," a/k/a
"Abdul Jabbar Ali Abdel-Latif," sought to secrete bullets and
keys to the padlock on the Nairobi Bomb Truck in a hospital
clinic in Nairobi;
The Dar es Salaam Bombing
ar. On August 7, 1998, at approximately 10:40
a.m., a co-conspirator detonated an explosive device contained in
a vehicle in the vicinity of the United States Embassy building
located in Dar es Salaam, Tanzania, severely damaging the United
States Embassy building and causing the deaths of at least 11
persons, including Tanzanian citizens, on the Embassy property,
as well as injuries to at least 85 people;
"Harun" Flees After the Bombing
as. In the days immediately following the
bombing, the defendant FAZUL ABDULLAH MOHAMMED, a/k/a "Harun
Fazhl," a/k/a "Fazhl Abdullah," a/k/a "Fazhl Khan," hired persons
to clean the villa located at 43 Rundu Estates in Nairobi, Kenya;
at. On or about August 14, 1998, the defendant
FAZUL ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a "Fazhl
Abdullah," a/k/a "Fazhl Khan," went to the Comoros Islands; and
E1 Hage Lies to the FBI in August 1998
au. On or about August 20, 1998, in Texas, the
defendant WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al
17
Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," made false
statements concerning the nature of his contacts with al Qaeda to
Special Agents of the Federal Bureau of Investigation conducting
a criminal investigation of al Qaeda and the August 1998 bombings
in Africa; and
El Hage Lies to the Grand Jury in September 1998
av. On or about September 16, 1998, in the
Southern District of New York, the defendant WADIH EL HAGE, a/k/a
"Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a
"Wa'da Norman," made false statements concerning the nature of
his contacts with al Qaeda to a federal Grand Jury conducting an
investigation of al Qaeda and the August 1998 bombings in Africa.
(Title 18, United States Code, Section 2332(b) and (d).)
18
COUNTS TWO THROUGH TWO HUNDRED TWENTY SEVEN:
THE AFRICA BOMBINGS
COUNT TWO
BOMBING OF THE UNITED STATES EMBASSY IN
NAIROBI, KENYA, RESULTING IN MORE THAN 200 DEATHS
The Grand Jury further charges:
9. The allegations contained in paragraphs l through 8
are repeated herein.
10. On or about August 7, 1998, in Nairobi, Kenya, and
outside the jurisdiction of any particular state or district, FAZUL
ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a "Fazhl Abdullah,"
a/k/a "Fazhl Khan," MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a
"Noureldine," a/k/a "Marwan," a/k/a "Hydar," and MOHAMED RASHED
DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a
"Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif," defendants at least
one of whom was first brought to and arrested in the Southern
District of New York, and others known and unknown, unlawfully,
willfully, and knowingly did maliciously damage and destroy, and
attempted to damage and destroy, by means of fire and an explosive,
buildings, vehicles and other personal and real property in whole
and in part owned and possessed by, and leased to, the United
States, to wit, the defendants, together with other members of al
Qaeda, an international terrorist organization, detonated an
explosive device that damaged and destroyed the United States
Embassy in Nairobi, Kenya, and as a result of such conduct directly
and proximately caused the deaths of at least 213 persons,
including Kenyan and American citizens.
(Title 18, United States Code, Sections 844(f)(1),(f)(3) and 2.
19
COUNT THREE:
BOMBING OF THE UNITED STATES EMBASSY IN
DAR ES SALAAM, TANZANIA, RESULTING IN AT LEAST 11 DEATHS
The Grand Jury further charges:
11. The allegations contained in paragraphs 1 through
are repeated herein.
12. On or about August 7, 199@, in Dar es Salaam,
Tanzania, and outside the jurisdiction of any particular state or
district, FAZUL ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a
"Fazhl Abdullah," a/k/a "Fazhl Khan, " MOHAMED SADEEK ODEH, a/k/a
"Abu Moath," a/k/a "Noureldine," a/k/a "Marwan," a/k/a "Hydar," and
MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin
Rashed," a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-Lat1f,"
defendants at least one of whom was first brought to and arrested
in the Southern District of New York, and others known and unknown,
unlawfully, willfully, and knowingly did malicious1y damage and
destroy, and attempted to damage and destroy, by means of fire and
an explosive, buildings, vehicles and other personal and real
property in whole and in part owned and possessed by, and leased
to, the United States, to wit, the defendants, together with other
members of al Qaeda, an international terrorist organization,
detonated an explosive device that damaged and destroyed the United
States Embassy in Dar es Salaam, Tanzania, and as a result of such
conduct directly and proximately caused the deaths of at least 11
persons, including Tanzanian citizens.
(Title 18, United States Code, Sections 844(f)(1),(f)(3) and 2.)
20
COUNTS FOUR THROUGH TWO HUNDRED SIXTEEN:
MURDERS IN NAIROBI, KENYA
The Grand Jury further charges:
13. The allegations contained in paragraphs 1 through 8
are repeated herein,
14. On or about August 7, 1998, in Nairobi, Kenya, and
outside the jurisdiction of any particular state or district, FAZUL
ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a "Fazhl Abdullah,"
a/k/a "Fazhl Khan," MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a
"Noureldine," a/k/a "Marwan," a/k/a "Hydar," and MOHAMED RASHED
DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a
"Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif," defendants at least
one of whom was first brought to and arrested in the Southern
District of New York, and others known and unknown, unlawfully,
willfully, and knowingly did kill the persons listed below during
the course of an attack on a federal facility involving the use of
a dangerous weapon, to wit, the defendants detonated an explosive
device that damaged and destroyed the United States Embassy in
Nairobi, Kenya, and as a result of such conduct directly and
proximately caused the deaths of:
Count Victim
4 JESSE NATHANIEL ALIGANGA
5 JULIAN LEOTIS BARTLEY SR.
6 JULIAN LEOTIS BARTLEY JR.
7 JEAN DALIZU
8 MOLLY H. HARDY
9 KENNETH RAY HOBSON
21
10 PRABHI KAVALER
11 ARLENE BRADLEY KIRK
12 MARY LOUISE MARTIN
13 ANN MICHELLE O'CONNOR
14 SHERRY LYNN OLDS
15 UTTAMLAL THOMAS SHAH
16 HASSAN JARSO SOKA
17 LOISE NJERI MUKOMA
18 STEPHEN WAWERU MBURU
19 ROSETTA BARAZA
20 SAMUEL GITHUA MWANGI
21 GLADYS WANGUI
22 EDWIN MUNGAI MWEYA
23 SHADRACK MWANGI WAGANYU
24 GILBERT MUGO
25 ABDALLA MUSYOKI MWILU
26 JANE WANGUI GACHERU
27 EVA NYANJAU GACHERU
28 LIDIAH NDINDA MAINGI
29 ANNE NYAMBURA MATHENGE
30 FREDRICK EBRA OCHIENG
31 AGNES WANJIRU GITAU
32 CAROLINE KARAMBO MUTUIIRI
33 JOHN MWANGI NGARAGARI
34 SIMON OTIENO OLANG
35 PETER IRUNGU MUGO
22
36 JUNE MARY MAWEU
37 MICHAEL ODUOR NYANDEBA
38 ELIJAH NGITO OWINO
39 FLORENCE MWENDE MUTHAMA
40 ANN MWANIKI
41 BENARD MUGAMBI GITONGA
42 NAFTALI MWANGI
43 JOHN GITAU WAMUTWE
44 ABEL MUGAMBI NJAU
45 RACHEL WAMBUI
46 EDWIN PAUL NDUMBI
47 MARGARET WANJIKU KANGI
48 EMMA ODHIAMBO
49 DORINE ALUOCH JOW
50 JOYCE NJERI NG'ANG'A
51 GABRIEL MWANDIME
52 THOMAS MUNDANYI
53 MAGDALINE MBITHE NZIOKA
54 ROSELINE WANJIKU MWANGI
55 JOHN MWANGI WANYOIKE
56 ROBERT MIGWI MURIUKI
57 SAMUEL MBUGUA THUO
58 NKRUMA TONNY MYIZALA
59 ALLAN SABATO BANDO
60 JOSIAH ODERA OWUOR
61 GODFREY OKORO ORONO
23
62 SHADRACK NYAGA THITO
63 MARGRET LLELLO RADING
64 TIRUS MURAGURI
65 PETER MBEVI KYELO
66 MARY NYAGA NDIRANGO
67 MOSES KARIUKI
68 MARGRET NJERI WAWERU
69 EMMANUEL MACHAMBELE
70 MICHAEL OCHIENG
71 MARGRET ATIENO OBONYA
72 BONTIA ACHOLA
73 FRANCIS MUKENYE MULEKI
74 JULIUS NDULU
75 SAMUEL VONDO MULALIA
76 JOSHUA ANEAH OBONYO
77 ALICE WARUGURU MURIUKI
78 LAWRENCE GITAU KAMUTI
79 SABENA WALTER
80 DUNCAN ODHIAMBO
81 MERCY WANJIKU
82 ANN MUMBI MAINA
83 MARY WANJIKU MURIUKI
84 LAWRENCE OLUM OCHOKA
85 DANIEL MAUNDU MUTINDA
86 FRANCIS KABATHI KIU
87 MATHEW WALUNYA OTIENO
24
88 ISACK MUGERA MWARIA
89 MARTIN K. NDUATI
90 ANN MUMO ZAKAYO
91 EMMANUEL NJAGA MUTHURIA
92 JME WANGARI ITOTIA
93 AHMED WARKO MOHAMMED
94 SILVIA ORIENDO
95 JUSTUS NJERU MUGENDI
96 BURHAN ADEN HANSHI
97 JAMES OTIENO MASEA
98 HASSAN HUKAY GURACHA
99 HINDU OMARI
100 PATRICK KARIUKI MUTURI
101 EDWARD MUKAYA
102 JOSEPH ONDARI SALAMBA
103 MARGARET AKINYI
104 WILLIAM WAITHAKA NJOROGE
105 MOSES MULI KYULE
106 DAVID NDULA KOIMBURI
107 ELIAS OTIENO
108 SHEIKH FAHAT
109 DENIS R. MADEGWA
110 GEORGE IRUNGU
111 MOSES NAMAYI
112 FRANCIS NDUNGU NJOROGE
113 STEPHEN MAINA KIMANI
25
114 BENSON WATHIGU MUNIRI
115 GRACE NYAMBURA NJOROGE
116 ROGERS OTORO
117 RUTH MWKAI MUSYOKA
118 MONICA APONDI
119 JACKLINE NYAWIRA KIBERA
120 MARGARET WANGUI
121 JARET NDOOME NZIOKA
122 JULIUS OTIENO
123 SIMON KINUTHIA
124 SAMSON ODUOR AHOMO
125 GLORIA WANGECHI WACHIRA
126 HARRISON NJUGUNA MWANGI
127 SHARON WANGECHI
128 ELIZABETH ACHIENG ORWA
129 RUTH MUKAMI RUNGU
130 DOREEN MBAYAXI
131 CAROLINE MUMBI MURAGURI
132 JOSPHAT MUTUA MUIA
133 JACINTA NJOKI
134 FRIDA WAMBUI MURITU
135 SIMON MWANGI NJIMA
136 RAEL MBURI KIMANI
137 JOHN AMOS WANGAI
138 RAPHAEL JOHNSON GATHUMBI
139 FRANCIS KIHARA KAMUTI
26
140 GODFREY MUCHORI NJUGUNA
141 KITALIAN OLOTONO
142 AGATHA NJOKI
143 DANIEL KIPRONO CHERUIYOT
144 CATHERINE NDUMI MUTUA
145 PAMELA MBOYA MWENGE
146 CHARLES MUGO KARANJA
147 PATRICIA ATIENO
148 JOSEPH NGOVE NZWILI
149 PATRICK NJUGUNA
150 MOSES ASTON MWANI
151 ELIZABETH ANYANGO
152 EPHRAHIM KINGORI NDUNGU
153 CAROLINE NDOLO
154 JOHN OUXO ONYANGO
155 ENOCK OMWENO
156 SUSAN WAIRIMU GITU
157 JOSPHINE NZILANI MUTINDA
158 DOMINIC ALANGO OTIENO
159 FELISTUS NJERI KIMANI
160 PITY MWIRAKI MATHENGE
161 SIMON PETER NGUMO MATU
162 MARGARET WASIKE
163 BEATRIC NYAMBURA
164 ELIZABETH NYAROTSO
165 CATHERINE WAMBARA NJOKA
27
166 TIMOTHY ODHIAMBO SANDE
167 CHRISTINE WAIRUMU KARUMBA
168 JOHN KAROKI KAHUTHU
169 RACHAEL KABENDI MBOYA
170 GLORIA NGATHA MUTUIIRI
171 LUCY WARUTHI MBUNYA
172 JAMES MWANGI WAINAINA
173 DAVID SOITA WANABACHA
174 LUCIANO MUGAMBI
175 PHAEMA VRONTAMIS
176 EVANS OSONGO
177 CECELIA MAMBOLEO
178 FRANCIS MBOGO
179 CAROLINE OPATI
180 LYDIA MUKURI MAYAKA
181 ALICE NDUTA GACHIRI
182 JULIAN KWALI
183 LUCY NYAWIRA KARIGI
184 HANSON NYABERA OMAE
185 ERIC OBUR ONYANGO
186 ELIZABETH ONYANGO MITO
187 PETER NJOROGE NDUNGU
188 FRANCIS OLEWE OCHILO
189 WILSON KIPKORIR MUTAI
190 FREDRICK MALOBA YAFES
191 JAMES MATHENGE MIGWI
28
192 DOMINIC KIVUVA
193 FRANK MAINA
194 GEOFFREY KALEO
195 RACHEL PUSSY
196 JOE KIONGO
197 CATHERINE MUREITHI
198 LUCY ONONO
199 EDWIN OMORI
200 PETER MACHARIA NGUGI
201 ADAMS WAMAI
202 JOEL KAMAU GITHUMBI
203 KIMEU NZIOKA
204 ANTHONY KIHATO IRUNGU
205 TERESIA KIONGO WAIRIMU
206 VINCENT KAMAU NYOIKE
207 FRANCIS KIBE
208 JOHN ODHIAMBO ODUOR
209 LAWRENCE AMBROSE GITAU
210 FRANCIS NDUNGU MBOGUA
211 CHRISPINE BONYO
212 MAURICE OKACH OHOLLA
213 GEOFREY MUNYIRI MUTUNGA
214 SYLIA AMBASA
215 ROSEMARY NJERI GITUMA
216 UNIDENTIFIED MALE
(Title 18, United States Code, Sections 930(c) and 2.)
29
COUNTS TWO HUNDRED SEVENTEEN THROUGH TWO HUNDRED TWENTY SEVEN
MURDERS IN DAR ES SALAAM, TANZANIA
15. The allegations contained in paragraphs 1 through 8
are repeated herein.
16. On or about August 7, 1998, in Dar es Salaam,
Tanzania, and outside the jurisdiction of any particular state or
district, FAZUL ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a
"Fazhl Abdullah," a/k/a "Fazhl Khan," MOHAMED SADEEK ODEH, a/k/a
"Abu Moath," a/k/a "Noureldine," a/k/a "Marwan," a/k/a "Hydar," and
MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin
Rashed," a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif,"
defendants at least one of whom was first brought to and arrested
in the Southern District of New York, and others known and unknown,
unlawfully, willfully, and knowingly did kill the persons listed
below during the course of an attack on a federal facility
involving the use of a dangerous weapon, to wit, the defendants
detonated an explosive device that damaged and destroyed the United
States Embassy in Dar es Salaam, Tanzania, and as a result of such
conduct directly and proximately caused the deaths of:
Count Victim
217 RAMADHANI H. MAHUNDI
218 JAKARI YUSUPH NYUMBO
219 ABAS WILLIAM MWILA
220 ELISHA PAULO ELIA
221 ABDALLAH MOHAMED
222 HASSAN SIYAD HARANE
223 DOTTO SELEMAN
30
224 ABDULAHAMAN ABDULAH
225 SHAMTE YUSUPH NDALE
226 ALMOSARIA YUSSUF MZEE
227 MTENDEJE RAJABU MBEGU
(Title 18, United States Code, Sections 930(c) and 2.)
COUNTS 228 THROUGH 235: PERJURY BEFORE FEDERAL GRAND JURIES
The Grand Jury charges:
Background
17. Beginning in 1996, the United States Attorney for
the Southern District of New York and the Federal Bureau of
Investigation, working with a number of other federal, state and
local agencies, initiated a Grand Jury investigation into Usama Bin
Laden and the involvement of his organization (known as "al Qaeda")
in international terrorism. The Grand Jury investigation included,
among other things, the issuance of Grand Jury subpoenas calling
for witnesses to testify before a Grand Jury sitting in the
Southern District of New York and to produce documents to the Grand
Jury. By September 1997, the Grand Jury investigation focused, in
part, upon: (i) the structure and operational status of al Qaeda in
countries including the Sudan, Saudi Arabia, Egypt, Yemen, Somalia,
Eritrea, Afghanistan, Pakistan, Bosnia, Croatia, Algeria, Tunisia,
Lebanon, the Philippines, Tajikistan and Azerbaijan, and the
Chechnya region of Russia and the Kashmiri region of India, as well
as in Kenya and the United States: (ii) the targets of al Qaeda's
terrorist activities, including American interests, worldwide,
(iii) the relationship between the defendant WADIH EL HAGE, a/k/a
31
"Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
Norman," and the al Qaeda organization, including its leader Usama
Bin Laden and al Qaeda's late military commander known as "Abu
Ubaidah al Banshiri" and current military commander "Abu Hafs al
Masry."
18. It was material to the Grand Jury sitting in the
Southern District of New York to ascertain, among other things;
a. the tactical goals, and corresponding terrorism
targets, of Usama Bin Laden and al Qaeda;
b. the identities, code names, aliases and
whereabouts of any al Qaeda members and associates;
c. the names of persons with whom the defendant
WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a
"Norman," a/k/a "Wa'da Norman," associated while living in the
Sudan and Kenya and while travelling in Pakistan and Afghanistan;
d. the nature and extent of the defendant WADIH EL
HAGE's contacts with Usama Bin Laden, "Abu Ubaidah al Banshiri" and
"Abu Hafs al Masry," particularly in the period from 1993 through
the fall of 1997;
e. the role played by Usama Bin Laden and the
members and associates of the al Qaeda organization, particularly
to include the defendant WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a
"Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," as well as
"Abu Ubaidah al Banshiri" and "Abu Hafs al Masry," in the provision
of logistical support and training to the persons who attacked the
United States and United Nations forces in Somalia in 1993 and the
32
early part of 1994:
f. whether "Abu Ubaidah al Banshiri" was working
in Kenya and Tanzania on behalf of Usama Bin Laden and al Qaeda
during the time preceding his drowning death in Lake Victoria in
the summer of l996;
g. the particular reason for the travels of "Abu
Ubaidah al Banshiri" at the time of his drowning death in the
summer of 1996;
h. the nature of the work conducted by Fazul
Abdullah Mohammed, the deputy of the defendant WADIH ED HAGE, a/k/a
"Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
Norman," in Kenya and whether Fazul Abdullah Mohammed was working
for Usama Bin Laden: and
i. whether the defendant WADIH EL HAGE, a/k/a
"Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
Norman," was still working for Usama Bin Laden's al Qaeda
organization in 1997.
19. On or before September 24, 1997, the defendant WADIH
EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a
"Norman," a/k/a "Wa'da Norman," was served with a Grand Jury
subpoena calling for him to testify before a Grand Jury sitting in
the southern District of New York.
20. On or about September 26, 1997, after taking an oath
to testify truthfully, after being advised of his constitutional
rights and after being advised that if he failed to testify
truthfully he could be prosecuted for perjury, the defendant WADIH
33
EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a
"Norman," a/k/a "Wa'da Norman" testified before a Grand Jury
sitting in the Southern District of New York.
21. Following the appearance of the defendant WADIH EL
HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman,"
a/k/a "Wa'da Norman," before the Grand Jury in September 1997, the
Grand Jury investigation continued and continues through the date
of this Indictment. By the time of September 1998, the Grand Jury
investigation was focused on the matters outlined above and other
matters that had become of interest since the time of EL HAGE's
1997 Grand Jury appearance, including, but not limited to: (i) the
February 1998 fatwah signed by Usama Bin Laden and others under the
banner of the "International Islamic Front for Jihad on the Jews
and Crusaders," stating that Muslims should kill Americans --
including civilians -- anywhere in the world where they can be
found: (ii) subsequent televised threats issued by Usama Bin Laden
in May 1998 that his group did not distinguish between military and
civilian personnel: (iii) the August 7, 1998, bombing of the United
States Embassy in Nairobi, Kenya, which resulted in the deaths of
at least 213 persons, including 12 Americans and the wounding of
more than 4500 people; (iv) the nearly simultaneous August 7, 1998,
bombing of the United States Embassy in Dar es Salaam, Tanzania,
which resulted in the death of 11 persons and the wounding of more
than 85 persons: (v) the meaning of certain documents recovered in
searches conducted in Nairobi, Kenya, in August 1998, following the
bombings, which bore the name and code name of WADIH EL HAGE, as
34
well as code names for other al Qaeda members and associates; and
(vi) the extent to which WADIH EL HAGE's international travels
concerned efforts to procure chemical weapons and their components
on behalf of Usama Bin Laden.
22. In addition to the matters recited in paragraph 18
above, it was material to the Grand Jury sitting in the Southern
District of New York to ascertain, among other things:
a. the identities, code names, aliases and
whereabouts of al Qaeda members and associates referred to in
certain seized documents, including "Norman," "Abu Suliman,"
"Tayseer" (or "Taysir"), "Adel Habib," "Jalal" and "the Dr.";
b. the efforts of the defendant WADIH EL HAGE,
a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a
"Wa'da Norman," to obtain chemical weapons and/or their components
at various times in the l990's;
c. the nature and extent of contacts by the
defendant WADIH EL HAGE with Fazul Abdullah Mohammed and Mohammed
Sadeek Odeh in the period leading up to the bombing of the United
States embassies; and
d. the nature and extent of WADIH EL HAGE's
contacts with al Qaeda members and associates since the time of his
last Grand Jury appearance.
23. On or about September 15, 1998, the defendant WADIH
EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a
"Norman," a/k/a "Wa'da Norman," was served with a Grand Jury
subpoena calling for him to testify further before a Grand Jury
35
sitting in the Southern District of New York.
24. On or about September 16, 1998, after taking an oath
to testify truthfully, after being advised of his constitutional
rights and after being advised that if he failed to testify
truthfully he could be prosecuted for perjury, the defendant WADIH
EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a
"Norman," a/k/a "Wa'da Norman," testified before a Grand Jury
sitting in the Southern District of New York.
COUNT 228: Statutory Allegation
25. On or about September 24, 1997 in the Southern
District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus
Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
Norman," having taken an oath to testify truthfully in a proceeding
before a Grand Jury sitting in the Southern District of New York,
unlawfully, wilfully, knowingly, and contrary to such oath, did
make false material declarations, to wit, he gave the following
underlined testimony:
(a) Q. Now, when was the last time you saw Abu Ubaidah
Banshiri?
A. In Sudan before I left.
Q. 1994 before you left?
A. Yes.
Q. Do you know where he is today?
A. Either in Sudan or in Afghanistan.
* * *
(b) Q. Did you look for Abu Ubaidah al Banshiri when you went to
Lake Victoria in the summer of 1996?
36
A. No.
(c) Q. Did anyone tell you Abu Ubaidah had drowned in that ferry
accident?
A. No.
(d) Q. No one ever told you at any time that Abu Ubaidah drown
in the summer of 1996?
A. No.
(e) Q. To this day has anyone ever told you from any sources
that Abu Ubaidah was killed in that boat in the summer
1996 when it sank at Lake Victoria?
A. Nobody told me.
* * *
(f) Q. But just so we are clear, before whatever conversation
the FBI had with you yesterday, you had never heard from
anyone or seen on any TV show or read in any newspaper
that Abu Ubaidah al Banshiri had drowned in the ferry
accident in the summer of 1996?
A. No. Never.
(g) Q. And you were not sent to that lake to try to find Abu
Ubaidah al Banshiri?
A. No. I went looking for Adel Habib.
* * *
(h) Q. My question was, did you ever discuss with him, Haroun,
whether or not al Banshiri drowned in Lake Victoria.
A. No.
(Title 18, United States Code, Section 1623.)
COUNT 229: Statutory Allegation
26. On or about September 24, l998, in the Southern
District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a
Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
37
"Norman," the defendant, having taken an oath to testify truthfully
in a proceeding before a Grand Jury sitting in the Southern
District of New York, unlawfully, willfully, knowingly, and contrary
to such oath, did make false material declarations, to wit, he gave
the following underlined testimony:
(a) Q. When did you hear Al Qaida began to target the United
States?
A. In the latest interview with Usama Bin Laden, CNN.
Q. Approximately how long ago did you see Bin Laden state
CNN that the United States was now the target?
A. When I came back to Nairobi about three weeks ago.
* * *
Q. Had you ever heard Usama Bin Laden state that the
American forces should be attacked, prior to seeing it on
CNN television?
A. No, never.
(b) Q. You are positive?
A. Yes.
(c) Q. You are swearing that under oath, under the penalties of
perjury -- strike the word swear.
You are stating that under oath, under the penalties of
perjury, that prior to hearing it on CNN you had not
heard Usama Bin Laden declare that America should be
attacked?
A. Yes. Never heard that before.
(Title 18, United States Code, Section 1623.)
COUNT 230: Statutory Allegation
27. On or about September 16, l998, in the Southern
District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus
38
Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
"Norman," having taken an oath to testify truthfully in a proceeding
before a Grand Jury sitting in the Southern District of New York,
unlawfully, willfully, knowingly, and contrary to such oath, did
make false material declarations, to wit, he gave the following
underlined testimony concerning a photograph of Mohamed Sadeek
Odeh:
(a) Q. And I'll show you Grand Jury Exhibit 5 from September
10th of 1998 and ask whether you recognize the person
depicted in Grand Jury exhibit 5?
A. I've seen this picture on TV.
Q. You've seen this picture on the TV?
A. Yes.
Q. How recently did you see it on the TV?
A. Two or three weeks ago.
Q. Have you ever seen this person in person?
A. No. I have never seen him in person.
* * *
(b) Q. Who is Mohamed Oudeh?
A. I don't know.
* * *
(c) Q. Do you recognize Grand Jury Exhibit 5 as Mohamed Odeh?
A. I have never seen this person before.
* * *
(d) Q. Is it your testimony to this Grand Jury under oath that
you've never met this person depicted in Grand Jury
Exhibit 5 in your entire life?
A. I don't recall meeting him at all.
39
* * *
(e) Q. As you sit here today, you're telling this Grand Jury
have no recollection of the person depicted in Grand
Exhibit 5?
A. Yes. sir. I don't.
(f) Q. You have no recollection?
A. Right.
(Title 18, United States Code, Section 1623.)
COUNT 231: Statutory Allegation
28. (1) On or about September 16, 1998, in the
Southern District of New York, the defendant WADIH EL HAGE, a/k/a
"Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
"Norman," having taken an oath to testify truthfully in a proceeding
before a Grand Jury sitting in the Southern District of New York,
unlawfully, willfully, knowingly, and contrary to such oath, did
make false material declarations, to wit, he gave the following
underlined testimony:
(a) Q. Let me ask you another name. Norman, N-O-R-M-A-N. Do
you know who Norman is? And I'll write it out even
though it's just -- so there's no confusion of the
spelling, N-o-r-m-a-n.
A. No.
* * *
(b) Q. Have you ever been called Norman?
A. No.
* * *
(c) Q. Let me write out one more name. Wa'da Norman, W-a,
40
apostrophe, d-a Norman, N-o-r-m-a-n. Who is that?
A. I don't know.
* * *
(d) Q. Who is Wa'da Norman'
A. I don't know.
(e) Q. Is it you?
A. No.
* * *
(f) Q. Are you still telling this Grand Jury that you're not
known as Norman or Wa'da Norman?
A. Yes. I'm not Norman.
* * *
(g) Q. Have you ever written any letters and signed them with
the name Norman at the bottom?
A. No, never.
(Title 18, United States Code, section 1623.)
COUNT 232: Statutory Allegation
29. On or about September 16, 1998, in the Southern
10
District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus
Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
"Norman," having taken an oath to testify truthfully in a proceeding
before a Grand Jury sitting in the Southern District of New York,
unlawfully, willfully, knowingly, and contrary to such oath, did
make false material declarations, to wit, he have the following
41
underlined testimony:
(a) Q. Do you know of any other "Jalal"'s besides the fellow in
Louisiana?
A. No.
* * *
(b) Q. How many people in Kenya did you know that personally
knew Usama Bin Laden?
A. People who knew Usama Bin Laden in Kenya, nobody. You
mean know him personally, right?
Q. People who knew him personally had met with
personally?
A. No. I don't remember anyone who did.
* * *
(c) Q. Did you know any members of al Qaeda who lived in either
Kenya or Tanzania?
A. No.
(d) Q. Did you know any members of al Qaeda who ever visited
Kenya or Tanzania?
A. No.
* * *
(e) Q. Are you familiar with a person by the name of Abu Ubaidah
al Banshiri? And I'll write it on [Grand Jury Exhibit]
66 so if my pronunciation is off it doesn't confuse. Do
you know the person by the name of Abu Ubaidah al
Banshiri?
A. Yes.
Q. Was he a person who worked for Usama Bin Laden?
A. Yes.
Q. Did he ever visit Nairobi or Kenya -- I'm sorry, Kenya or
Tanzania?
A. I don't think so.
42
* * *
(e) Q. Does Adel Habib have another name?
A. Not that I know of.
(f) Q. Isn't Adel Habib known as Abu Ubaidah al Banshiri?
A. Not that I know of.
* * *
[Note: The following Q & A was in the initial indictment of El Hage
but not included in this indictment.
(g) Q. And did you tell people that you had to go to Lake
Victoria to find out whether or not Abu Ubaidah al
Banshiri had really drowned?
A. Abu Ubaidah al Banshiri was not there. ]
(g) Q. How do you know?
A. Well, I never knew that he was there.
* * *
(h) Q. Wasn't Abu Ubaidah al Banshiri also known as Jalal?
A. I never heard that.
(i) Q. Didn't you also hear that Adel Habib was also known as
Jalal, J-a-l-a-l?
A. No.
Q. So your testimony is that you've never heard that Abu
Ubaidah was known by the nickname or alias as J-a-l-a-l,
correct?
A. Correct.
Q. You've never heard that Adel Habib was known by the
nickname Jalal, J-a-l-a-l, is that your testimony?
A. Right.
* * *
(j) Q. And it's your testimony under oath to this Grand Jury
that you were never told that the person that drowned was
Abu Ubaidah al Banshiri?
A. Never.
43
(k) Q. And you were never told that the person that drowned was
also known as Jalal?
A. Never.
(Title 18, United states Code, Section 1623.)
COUNT 233: Statutory Allegation
30. On or about September 16, 1998, in the Southern
District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus
Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
"Norman," having taken an oath to testify truthfully in a proceeding
before a Grand Jury sitting in the Southern District of New York,
unlawfully, willfully, knowingly, and contrary to such oath, did
make false material declarations, to wit, he have the following
underlined testimony:
Q. Have you ever heard him called the H-a-j-j, have you
heard of Usama Bin Laden referred to as the Hajj?
A. No.
(Title 18, United States Code, Section 1623.)
COUNT 234: Statutory Allegation
31. On or about September 16, 1998, in the Southern
District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus
Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
"Norman," having taken an oath to testify truthfully in a proceeding
before a Grand Jury sitting in the Southern District of New York,
unlawfully, willfully, knowingly, and contrary to such oath, did
make false material declarations, to wit, he have the following
underlined testimony:
44
(a) Q. And it says "Dear Abu Suliman" at the top. Do you know
who Abu Suliman is?
A. No.
* * *
(b) Q. Now, in this letter written to Abu Suliman, apparently by
Harun, do you know who Abu suliman is?
A. No.
* * *
(c) Q. It says Abu Suliman, okay. Do you know Abu Suliman?
A. No.
(Title 18, United States Code, Section 1623.)
COUNT 235: Statutory Allegation
32. On or about September 16, 1998, in the Southern
District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus
Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
"Norman," having taken an oath to testify truthfully in a proceeding
before a Grand Jury sitting in the Southern District of New York,
unlawfully, willfully, knowingly, and contrary to such oath, did
make false material declarations, to wit, he have the following
underlined testimony:
(a) Q. Continuing on. The middle where it says, "Tayseer and
his friends are still hiking and they enjoy it very
much." Is Tayseer a reference to Abu Hafs al Masry, one
of the military commanders for Usama Bin Laden, yes or
no?
A. I don't know.
* * *
(b) Q. Okay. When this letter was written by Harun to Abu
45
Suliman, he's telling people that you have taken a trip
with Taysir. Where did you go and who was Taysir?
A. I don't know what he's talking about.
* * *
(c) Q. Do you have any idea as you sit here today who Taysir
might be?
A. I can't recall.
* * *
(d) Q. As you sit here today, it remains your testimony that
have no idea who Taysir is?
A. I have no idea, no.
(Title 18, United states Code, Section 1623.)
COUNT 236: FALSE STATEMENTS
The Grand Jury further charges:
33. On or about September 23, 1997, in the Southern
District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus
Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
"Norman," in a matter within the jurisdiction of the executive
branch of the government, to wit, a criminal investigation based in
the Southern District of New York, unlawfully, willfully and
knowingly, did make materially false statements and
representations, to wit, the defendant falsely stated to a Special
Agent of the Federal Bureau of Investigation that he had never
heard that "Abu Ubaidah al Banshiri" had died and that he believed
that "Abu Ubaidah al Banshiri" was then alive and well and living
in Afghanistan with Usama Bin Laden when in truth and fact WADI EL
HAGE knew that "Abu Ubaidah al Banshiri had died in Kenya in 1996.
46
(Title 18, United States Code, Section 1001.)
COUNT 237: FALSE STATEMENTS
The Grand Jury further charges;
34. On or about October 17, 1997, in Arlington, Texas,
the defendant WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al
Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," in a matter within
the jurisdiction of the executive branch of the government, to wit,
a criminal investigation based in the Southern District of New
York, unlawfully, willfully and knowingly, did make materially false
statements and representations, to wit, the defendant falsely
stated to a Special Agent of the Federal Bureau of Investigation
that he had never heard that "Abu Ubaidah al Banshiri," a military
commander for Usama Bin Laden, had died when in truth and fact WADI
EL HAGE knew that "Abu Ubaidah al Banshiri" had died in Kenya in
1996.
(Title 18, United States Code, section 10001.)
COUNT 238: FALSE STATEMENTS
33. On or about August 20, 1998, in Dallas, Texas, and
Arlington, Texas, the defendant WADI EL HAGE, a/k/a "Abdus
Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da
Norman," in a matter within the jurisdiction of the executive
branch of the government, to wit, a criminal investigation based in
the Southern District of New York, unlawfully, willfully and
knowingly, did make materially false statements and
representations, to wit, the defendant falsely stated to a Special
Agent of the Federal Bureau of Investigation that he did not know
47
Mohamed Sadeek Odeh and did not recognize his photograph when in
truth and fact EL HAGE knew Mohamed Sadeek Odeh.
(Title 18, United states Code, section 1001.)
[Blank] [Signature]
_________________________ _____________________________
FOREPERSON MARY JO WHITE
United states Attorney
48
[Indictment Cover omitted]
[End indictment]
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