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4 November 1998
Source: Hardcopy, US Attorney, SDNY, press conference. Thanks to MS/HH, (212)
637-2600.
See related indictment today of Usama Bin Laden:
http://jya.com/usa-v-laden.htm
See related press release:
http://jya.com/usa110498.htm
See related files:
http://jya.com/alqfiles.htm
[4 November 1998]
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------x
UNITED STATES OF AMERICA :
- v. - :
USAMA BIN LADEN, : INDICTMENT
a/k/a "Usamah Bin-Muhammad
Bin-Ladin," : S(2) 98 Cr. 1023 (LBS)
a/k/a "Shaykh Usamah Bin-Ladin,"
a/k/a "Abu Abdullah" :
a/k/a "Mujahid Shaykh,"
a/k/a "Hajj," :
a/k/a "al Qaqa,"
a/k/a "the Director," :
MUHAMMAD ATEF,
a/k/a "Abu Hafs," :
a/k/a "Abu Hafs el Masry,"
a/k/a "Abu Hafs el Masry el Khabir," :
a/k/a "Taysir,"
a/k/a "Sheikh Taysir Abdullah," :
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,"
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.
-----------------------------------------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
[1]
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
in Brooklyn, New York. The group was founded by defendants USAMA
BIN LADEN and MUHAMMED ATEF, a/k/a "Abu Hafs al Masry," together
with "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) defendant USAMA BIN
LADEN, relocated to the Sudan. A1 Qaeda was headquartered in the
Sudan from approximately 1991 until approximately 1996 but still
maintained offices in various parts of the world. In 1996,
defendants USAMA BIN LADEN and MUHAMMED ATEF and other members of
al Qaeda relocated to Afghanistan. At all relevant times, al
Qaeda was led by its emir, defendant USAMA BIN LADEN. Members of
al Qaeda pledged an oath of allegiance (called a "bayat") to
defendant USAMA BIN LADEN and al Qaeda.
2. A1 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
qroup's extremist interpretation of Islam. Second, the United
2
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 opposed 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
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. A1 Qaeda functioned both on its own and through
some of the terrorist organizations that operated under its
umbrella, including: the A1 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
3
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
countries to facilitate its activities, including in Kenya,
Tanzania, the United Kingdom and the United States.
5. A1 Qaeda had a command and control structure which
included a majlis al shura (or consultation council) which
discussed and approved major undertakings, including terrorist
operations. USAMA BIN LADEN and MUHAMMED ATEF, a/k/a "Abu Hafs,"
the defendants, among others, sat on the majlis al shura (or
consultation council) of al Qaeda.
6. A1 Qaeda also had a "military committee" which
considered and approved "military" matters. MUHAMMED ATEF, a/k/a
"Abu Hafs," the defendant, sat on the military committee and was
one of defendant USAMA BIN LADEN's two principal military
commanders together with "Abu Ubaidah al Banshiri," until the
death of "Abu Ubaidah al Banshiri" in 1996. Among his other
duties, MUHAMMED ATEF, a/k/a "Abu Hafs," the defendant, had the
principal responsibility for the training of al Qaeda members.
7. USAMA BIN LADEN, the defendant, and al Qaeda also
forged alliances with the National Islamic Front in the Sudan and
4
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
8. From at least 1991 until the date of the filing of
this Indictment, in the Southern District of New York, 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, USAMA BIN
LADEN, a/k/a "Usamah Bin-Muhammad Bin-Ladin," a/k/a "Shaykh
Usamah Bin-Ladin," a/k/a "Abu Abdallah," a/k/a "Mujahid Shaykh,"
a/k/a "Hajj," a/k/a "al Qaqa," a/k/a "the Director," MUHAMMAD
ATEF, a/k/a "Abu Hafs," a/k/a "Abu Hafs el Masry," a/k/a "Abu
Hafs el Masry el Khabir," a/k/a "Taysir," a/k/a "Sheikh Taysir
Abdullah," 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," 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, together with other members and
associates of al Qaeda and others known and unknown to the Grand
5
Jury, unlawfully, willfully and knowingly combined, conspired,
confederated and agreed to kill nationals of the United States in
violation of Title 18, United States Code, Section 2332(a).
9. 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
10. In furtherance of the said conspiracy, and to
effect the illegal objects thereof, the following overt acts,
among others, were committed:
The Provision of Guesthouses and Training Camps
a. At various times from at least as early as
1989, USAMA BIN LADEN, the defendant, and others known and
unknown, provided training camps and guesthouses in various
areas, including Afghanistan, Pakistan, the Sudan, Somalia and
Kenya for the use of al Qaeda and its affiliated groups;
The Recruitment of American Citizens
b. At various times from at least as early as
6
1989, USAMA BIN LADEN, the defendant, and others known and
unknown, made efforts 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 the 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 the filing of this Indictment, defendant
USAMA BIN LADEN, and others known and unknown to the Grand Jury,
engaged in financial and business transactions on behalf of 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, defendant USAMA BIN LADEN established a headquarters
in the Riyadh section of Khartoum. USAMA BIN LADEN, the
defendant, 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
7
company known as "al Themar al Mubaraka," an investment company
known as "Ladin International," an 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, weapons and chemicals and for the
travel of al Qaeda operatives. 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 various of the Bin Laden
companies and also served as Bin Laden's personal secretary;
Mohamed Sadeek Odeh Joins al Qaeda
e. In or about 1992, defendant MOHAMED 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
defendant 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, the
defendant, working together with members of the fatwah committee
of al Qaeda, issued fatwahs (rulings on Islamic law) to other
members and associates of al Qaeda that the United States forces
stationed on the Saudi Arabian peninsula, including both Saudi
8
Arabia and Yemen, should be attacked;
The Fatwah Against American Troops in Somalia
g. At various times from in or about 1992 until
in or about 1993, USAMA BIN LADEN, the defendant, working
together 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 Establishment of Training Camps for Somalia
h. In or about late 1992 and 1993, MUHAMMED ATEF,
a/k/a "Abu Hafs el Masry," a/k/a "Abu Hafs," the defendant,
travelled to Somalia on several occasions for the purpose of
determining how best to cause violence to the United States and
United Nations military forces stationed there and reported back
to defendant USAMA BIN LADEN and other al Qaeda members at USAMA
BIN LADEN's facilities located in Khartoum, the Sudan;
i. Beginning in or about early spring 1993, al
Qaeda members, including the defendants MUHAMMED ATEF, a/k/a "Abu
Hafs el Masry," 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," a co-
conspirator not named herein as a defendant, provided military
training and assistance to Somali tribes opposed to the United
Nations' intervention in Somalia;
9
The Attacks on the United States Forces in Somalia
j. 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 Shipment of Weapons and Explosives to Saudi Arabia
k. On at least two occasions in the period from
in or about 1992 until in or about 1995, members of al Qaeda
transported weapons and explosives from Khartoum in the Sudan to
the coastal city of Port Sudan for transshipment to the Saudi
Arabian peninsula;
The Efforts to Obtain Nuclear Weapons and Their Components
l. At various times from at least as early as
1993, USAMA BIN LADEN, the defendant, and others known and
unknown, made efforts to obtain the components of nuclear
weapons;
The Efforts to Obtain Chemical Weapons and Their Components
m. At various times from at least as early as
1993, USAMA BIN LADEN, the defendant, and others known and
unknown, made efforts to obtain the components of chemical
weapons;
The Establishment of the Kenya Base of Operations
n. In or about 1994, the defendant MOHAMED SADEEK
ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a "Marwan,"
10
a/k/a "Hydar," moved to Mombasa, Kenya, and set up a fishing
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, defendant MUHAMMED ATEF, a/k/a
"Abu Hafs el Masry," and "Abu Ubaidah al Banshiri";
o. 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 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";
p. 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
q. 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;
r. 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,"
11
went to Lake Victoria to investigate the circumstances of the
drowning of "Abu Ubaidah al Banshiri" and to report back to
defendant USAMA BIN LADEN;
Al-'Owhali Receives Training in al Qaeda Camps
s. 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
t. On or about August 23, 1996, USAMA BIN LADEN,
the defendant, 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
u. 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 defendant USAMA
12
BIN LADEN and asked him for a "mission";
El Hage Engages in Coded Correspondence
v. 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
w. 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 al
Qaeda;
El Hage Lies to the Grand Jury in September 1997
x. 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;
El Hage Lies to the FBI in October 1997
y. 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
13
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;
The February 1998 Fatwah Against American Civilians
z. In February 1998, USAMA BIN LADEN, the
defendant, endorsed 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;
aa. 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 the fatwahs issued by BIN
LADEN and al Qaeda against America with another member of al
Qaeda in Kenya;
The May 1998 Fatwah
ab. In early May 1998, USAMA BIN LADEN, the
defendant, caused to be published in the newspaper Al-Ouds al-
'Arabi a fatwah issued by the "Ulema Union of Afghanistan" which
termed the United States Army the "enemies of Islam" and declared
a jihad against the United States and its followers;
The May 1998 Press Conference
ac. In the days immediately following a May 1998
press interview, USAMA BIN LADEN, the defendant, held a press
conference in Khost, Afghanistan, attended also by the defendants
MUHAMMED ATEF, a/k/a "Abu Hafs el Masry," and MOHAMED RASHED
14
DAOUD AL-'OWHALI, where USAMA BIN LADEN repeated his intention to
kill Americans;
Preparation for the Bombings of United States Embassies
ad. 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;
ae. 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
Qaeda in Kenya the fact that defendant USAMA BIN LADEN had formed
a united front against the United States with other Islamic
extremist groups;
af. 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;
ag. 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";
ah. Prior to August 2, 1998, the defendant
15
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 defendant USAMA BIN LADEN;
ai. 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;
aj. In or about early August 1998, the defendant
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
ak. 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;
al. 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,"
16
together with other members of al Qaeda, met at the Hilltop Hotel
in Nairobi, Kenya;
am. From on or about August 2 through on or about
August 6, 1998, 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;
an. 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,"
a/k/a "Abdul Jabbar Ali Abdel-Latif," together with "Azzam" and
other members of al Qaeda, reconnoitered the United States
Embassy in Nairobi, Kenya;
ao. 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 defendant USAMA BIN LADEN;
ap. 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
aq. On or about August 6, 1998, in the evening,
the defendant MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a
17
"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 Airways
flight # 746;
The Bombing in Nairobi
ar. 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
"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;
as. 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;
18
at. 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;
au. 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
citizens of Kenya and the United States;
av. 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
aw. 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;
19
"Harun" Flees After the Bombing
ax. In the days immediately following the
bombings, 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;
ay. 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;
El Hage Lies to the FBI in Auqust 1998
az. On or about August 20, 1998, 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
Special Agents of the Federal Bureau of Investigation conducting
a criminal investigation of al Qaeda and the August 1998 bombings
in Africa; and
E1 Hage Lies to the Grand Jury in September 1998
ba. 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).)
20
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:
11. The allegations contained in paragraphs 1 through 7
are repeated herein.
12. On or about August 7, 1998, in Nairobi, Kenya, and
outside the jurisdiction of any particular state or district, USAMA
BIN LADEN, a/k/a "Usamah Bin-Muhammad Bin-Ladin," a/k/a "Shaykh
Usamah Bin-Ladin," a/k/a "Abu Abdallah," a/k/a "Mujahid Shaykh,"
a/k/a "Hajj," a/k/a "al Qaqa," a/k/a "the Director," MUHAMMAD ATEF,
a/k/a "Abu Hafs," a/k/a "Abu Hafs el Masry," a/k/a "Abu Hafs el
Masry el Khabir," a/k/a "Taysir," a/k/a "Sheikh Taysir Abdullah,"
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,
21
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.)
COUNT THREE:
BOMBING OF THE UNITED STATES EMBASSY IN
DAR ES SALAAM, TANZANIA, RESULTING IN AT LEAST 11 DEATHS
The Grand Jury further charges:
13. The allegations contained in paragraphs 1 through 7
are repeated herein.
14. On or about August 7, 1998, in Dar es Salaam,
Tanzania, and outside the jurisdiction of any particular state or
district, USAMA BIN LADEN, a/k/a "Usamah Bin-Muhammad Bin-Ladin,"
a/k/a "Shaykh Usamah Bin-Ladin," a/k/a "Abu Abdallah," a/k/a
"Mujahid Shaykh," a/k/a "Hajj," a/k/a "al Qaqa," a/k/a "the
Director," MUHAMMAD ATEF, a/k/a "Abu Hafs," a/k/a "Abu Hafs el
Masry," a/k/a "Abu Hafs el Masry el Khabir," a/k/a "Taysir," a/k/a
"Sheikh Taysir Abdullah," 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
22
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.)
COUNTS FOUR THROUGH TWO HUNDRED SIXTEEN:
MURDERS IN NAIROBI, KENYA
The Grand Jury further charges:
15. The allegations contained in paragraphs 1 through 7
are repeated herein.
16. On or about August 7, 1998, in Nairobi, Kenya, and
outside the jurisdiction of any particular state or district, USAMA
BIN LADEN, a/k/a "Usamah Bin-Muhammad Bin-Ladin," a/k/a "Shaykh
Usamah Bin-Ladin," a/k/a "Abu Abdallah," a/k/a "Mujahid Shaykh,"
a/k/a "Hajj," a/k/a "al Qaqa," a/k/a "the Director," MUHAMMAD ATEF,
a/k/a "Abu Hafs," a/k/a "Abu Hafs el Masry," a/k/a "Abu Hafs el
Masry el Khabir," a/k/a "Taysir," a/k/a "Sheikh Taysir Abdullah,"
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,"
23
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 BONTIA ACHOLA
5 SAMSON ODUOR AHOMO
6 MARGARET AKINYI
7 JESSE NATHANIEL ALIGANGA
8 SYLIA AMBASA
9 ELIZABETH ANYANGO
10 MONICA APONDI
11 PATRICIA ATIENO
12 ALLAN SABATO BANDO
13 ROSETTA BARAZA
14 JULIAN LEOTIS BARTLEY JR.
15 JULIAN LEOTIS BARTLEY SR.
16 CHRISPINE BONYO
17 DANIEL KIPRONO CHERUIYOT
18 JEAN DALIZU
19 SHEIKH FAHAT
20 EVA NYANJAU GACHERU
24
21 JANE WANGUI GACHERU
22 ALICE NDUTA GACHIRI
23 RAPHAEL JOHNSON GATHUMBI
24 AGNES WANJIRU GITAU
25 LAWRENCE AMBROSE GITAU
26 JOEL KAMAU GITHUMBI
27 BENARD MUGAMBI GITONGA
28 SUSAN WAIRIMU GITU
29 ROSEMARY NJERI GITUMA
30 HASSAN HUKAY GURACHA
31 BURHAN ADEN HANSHI
32 MOLLY H. HARDY
33 KENNETH RAY HOBSON
34 ANTHONY KIHATO IRUNGU
35 GEORGE IRUNGU
36 JANE WANGARI ITOTIA
37 DORINE ALUOCH JOW
38 JOHN KAROKI KAHUTHU
39 GEOFFREY KALEO
40 FRANCIS KIHARA KAMUTI
41 LAWRENCE GITAU KAMUTI
42 MARGARET WANJIKU KANGI
43 CHARLES MUGO KARANJA
44 LUCY NYAWIRA KARIGI
45 MOSES KARIUKI
46 CHRISTINE WAIRUMU KARUMBA
25
47 PRABHI KAVALER
48 FRANCIS KIBE
49 JACKLINE NYAWIRA KIBERA
50 FELISTUS NJERI KIMANI
51 RAEL MBURI KIMANI
52 STEPHEN MAINA KIMANI
53 SIMON KINUTHIA
54 JOE KIONGO
55 ARLENE BRADLEY KIRK
56 FRANCIS KABATHI KIU
57 DOMINIC KIW VA
58 DAVID NDULA KOIMBURI
59 JULIAN KWALI
60 PETER MBEVI KYELO
61 MOSES MULI KYULE
62 EMMANUEL MACHAMBELE
63 DENIS R. MADEGWA
64 ANN MUMBI MAINA
65 FRANK MAINA
66 LIDIAH NDINDA MAINGI
67 CECELIA MAMBOLEO
68 MARY LOUISE MARTIN
69 JAMES OTIENO MASEA
70 ANNE NYAMBURA MATHENGE
71 PITY MWIHAKI MATHENGE
77 SIMON PETER NGUMO MATU
26
73 JUNE MARY MAWEU
74 LYDIA MUKURI MAYAKA
75 DOREEN MBAYAKI
76 FRANCIS MBOGO
77 FRANCIS NDUNGU MBOGUA
78 RACHAEL KABENDI MBOYA
79 LUCY WARUTHI MBUNYA
80 STEPHEN WAWERU MBURU
81 JAMES MATHENGE MIGWI
82 ELIZABETH ONYANGO MITO
83 AHMED WARKO MOHAMMED
84 LUCIANO MUGAMBI
85 JUSTUS NJERU MUGENDI
86 GILBERT MUGO
87 PETER IRUNGU MUGO
88 JOSPHAT MUTUA MUIA
89 EDWARD MUKAYA
90 LOISE NJERI MUKOMA
91 SAMUEL VONDO MULALIA
92 FRANCIS MUKENYE MULEKI
93 THOMAS MUNDANYI
94 BENSON WATHIGU MUNIRI
95 CAROLINE MUMBI MURAGURI
96 TIRUS MURAGURI
97 CATHERINE MUREITHI
98 FRIDA WAMBUI MURITU
27
99 ALICE WARUGURU MURIUKI
100 MARY WANJIKU MURIUKI
101 ROBERT MIGWI MURIUKI
102 RUTH MWKAI MUSYOKA
103 WILSON KIPKORIR MUTAI
104 FLORENCE MWENDE MUTHAMA
105 EMMANUEL NJAGA MUTHURIA
106 DANIEL MAUNDU MUTINDA
107 JOSPHINE NZILANI MUTINDA
108 CATHERINE NDUMI MUTUA
109 CAROLINE KARAMBO MUTUIIRI
110 GLORIA NGATHA MUTUIIRI
111 GEOFREY MUNYIRI MUTUNGA
112 PATRICK KARIUKI MUTURI
113 GABRIEL MWANDIME
114 HARRISON NJUGUNA MWANGI
115 NAFTALI MWANGI
116 ROSELINE WANJIKU MWANGI
117 SAMUEL GITHUA MWANGI
118 MOSES ASTON MWANI
119 ANN MWANIKI
120 ISACK MUGERA MWARIA
121 PAMELA MBOYA MWENGE
122 EDWIN MUNGAI MWEYA
123 ABDALLA MUSYOKI MWILU
124 NKRUMA TONNY MYIZALA
28
125 MOSES NAMAYI
126 MARY NYAGA NDIRANGO
127 CAROLINE NDOLO
128 MARTIN K. NDUATI
129 JULIUS NDULU
130 EDWIN PAUL NDUMBI
131 EPHRAHIM KINGORI NDUNGU
132 PETER NJOROGE NDUNGU
133 JOYCE NJERI NG'ANG'A
134 JOHN MWANGI NGARAGARI
135 PETER MACHARIA NGUGI
136 ABEL MUGAMBI NJAU
137 SIMON MWANGI NJIMA
138 CATHERINE WAMBARA NJOKA
139 AGATHA NJOKI
140 JACINTA NJOKI
141 FRANCIS NDUNGU NJOROGE
142 GRACE NYAMBURA NJOROGE
143 WILLIAM WAITHAKA NJOROGE
144 GODFREY MUCHORI NJUGUNA
145 PATRICK NJUGUNA
146 BEATRIC NYAMBURA
147 MICHAEL ODUOR NYANDEBA
148 ELIZABETH NYAROTSO
149 VINCENT KAMAU NYOIKE
150 JANET NDOOME NZIOKA
29
151 KIMEU NZIOKA
152 MAGDALINE MBITHE NZIOKA
153 JOSEPH NGOVE NZWILI
154 MARGRET ATIENO OBONYA
155 JOSHUA ANEAH OBONYO
156 FREDRICK EBRA OCHIENG
157 MICHAEL OCHIENG
158 FRANCIS OLEWE OCHILO
159 LAWRENCE OLUM OCHOKA
160 ANN MICHELLE O'CONNOR
161 DUNCAN ODHIAMBO
162 EMMA ODHIAMBO
163 JOHN ODHIAMBO ODUOR
164 MAURICE OKACH OHOLLA
165 SIMON OTIENO OLANG
166 SHERRY LYNN OLDS
167 KITALIAN OLOTONO
168 HANSON NYABERA OMAE
169 HINDU OMARI
170 EDWIN OMORI
171 ENOCK OMWENO
172 LUCY ONONO
173 ERIC OBUR ONYANGO
174 JOHN OUKO ONYANGO
175 CAROLINE OPATI
176 SILVIA ORIENDO
30
177 GODFREY OKORO ORONO
178 ELIZABETH ACHIENG ORWA
179 EVANS OSONGO
180 DOMINIC ALANGO OTIENO
181 ELIAS OTIENO
182 JULIUS OTIENO
183 MATHEW WALUNYA OTIENO
184 ROGERS OTORO
185 ELIJAH NGITO OWINO
186 JOSIAH ODERA OWUOR
187 RACHAEL PUSSY
188 MARGRET LLELLO RADING
189 RUTH MUKAMI RUNGU
190 JOSEPH ONDARI SALAMBA
191 TIMOTHY ODHIAMBO SANDE
192 UTTAMLAL THOMAS SHAH
193 HASSAN JARSO SOKA
194 SHADRACK NYAGA THITO
195 SAMUEL MBUGUA THUO
196 PHAEMA VRONTAMIS
197 GLORIA WANGECHI WACHIRA
198 SHADRACK MWANGI WAGANYU
199 JAMES MWANGI WAINAINA
200 TERESIA KIONGO WAIRIMU
201 SABENA WALTER
202 ADAMS WAMAI
31
203 RACHEL WAMBUI
204 JOHN GITAU WAMUTWE
205 DAVID SOITA WANABACHA
206 JOHN AMOS WANGAI
207 SHARON WANGECHI
208 GLADYS WANGUI
209 MARGARET WANGUI
210 MERCY WANJIKU
211 JOHN MWANGI WANYOIKE
212 MARGARET WASIKE
213 MARGRET NJERI WAWERU
214 FREDRICK MALOBA YAFES
215 ANN MUMO ZAKAYO
216 UNIDENTIFIED MALE
(Title 18, United States Code, Sections 930(c) and 2.)
COUNTS TWO HUNDRED SEVENTEEN THROUGH TWO HUNDRED TWENTY SEVEN
MURDERS IN DARS EL SALAAM, TANZANIA
17. The allegations contained in paragraphs 1 through 7
are repeated herein.
18. On or about August 7, 1998 in Dar es Salaam,
Tanzania, and outside the jurisdiction or any particular state or
district, USAMA BIN LADEN, a/k/a "Usamah Bin-Muhammad Bin-Ladin,"
a/k/a "Shaykh Usamah Bin-Ladin," a/k/a "Abu Abdallah," a/k/a
"Mujahid Shaykh," a/k/a "Hajj," a/k/a "al Qaqa," a/k/a "the
Director," MUHAMMAD ATEF, a/k/a "Abu Hafs," a/k/a "Abu Hafs el
Masry," a/k/a "Abu Hafs el Masry el Khabir," a/k/a "Taysir," a/k/a
32
"Sheikh Taysir Abdullah," 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 ABDULAHAMAN ABDULAH
218 ELISHA PAULO ELIA
219 HASSAN SIYAD HARANE
220 RAMADHANI H. MAHUNDI
221 MTENDEJE RAJABU MBEGU
222 ABDALLAH MOHAMED
223 ABAS WILLIAM MWILA
224 ALMOSARIA YUSSUF MZEE
225 SHAMTE YUSUPH NDALE
226 BAKARI YUSUPH NYUMBO
227 DOTTO SELEMAN
(Title 18, United States Code, Sections 930(c) and 2.)
33
COUNTS 228 THROUGH 235: PERJURY BEFORE FEDERAL GRAND JURIES
The Grand Jury charges:
Background
19. 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
"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, al Qaeda's late military commander known as "Abu Ubaidah
al Banshiri," and al Qaeda's current military commander: defendant
Muhammed Atef, a/k/a "Abu Hafs el Masry."
34
20. 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 and Muhammed Atef, a/k/a "Abu
Hafs el Masry," as well as with "Abu Ubaidah al Banshiri,"
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 defendants WADIH EL HAGE, a/k/a "Abdus Sabbur,"
a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," and
Muhammed Atef, a/k/a "Abu Hafs el Masry," as well as "Abu Ubaidah
al Banshiri," 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 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 1996;
35
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 EL 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.
21. On or before Sestember 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.
22. On or about September 24, 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
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.
23. Following the appearance of the defendant WADIH EL
HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman,"
36
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
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.
24. In addition to the matters recited in paragraph 21
37
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 1990's;
c. the nature and extent of contacts by the
defendant WADIH EL HAGE with Fazul Abdullah Mohammed and Mohamed
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.
25. 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
sitting in the Southern District of New York.
26. 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 detendant WADIH
38
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
27. 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?
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 drowned
in the summer of 1996?
39
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
29. 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
"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
40
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
29. On or about September 16, l998, 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
41
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.
* * *
(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?
42
A. Right.
(Title 18, United States Code, Section 1623.)
COUNT 231: 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 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,
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.
43
(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
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:
(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?
44
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.
* * *
(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.
* * *
(g) Q. How do you know?
45
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.
(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
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,
46
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
33. 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. 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.
47
(Title 18, United States Code, Section 1623.)
COUNT 235: Statutory Allegation
34. 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
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.
48
(Title 18, United States Code, Section 1623.)
COUNT 236: FALSE STATEMENTS
The Grand Jury further charges:
35. 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.
(Title 18, United States Code, Section 1001.)
COUNT 237: FALSE STATEMENTS
The Grand Jury further charges;
36. 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
49
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
38[sic]. 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
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
50
[Indictment Cover omitted]
[End indictment]
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