25 October 2001 Source: PACER subscription service for US Courts dockets. Index of daily trial transcripts: http://crytpome.org/usa-v-ubl-dt.htm ----------------------------------------------------------------------- PACER session date: Thursday October 25, 2001 07:13:23 PM EDT Docket as of October 24, 2001 10:42 pm Page 1 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR APPEAL PRIOR U.S. District Court Southern District of New York - Civil Database (Foley Square) CRIMINAL DOCKET FOR CASE #: 98-CR-1023-ALL USA v. Hage, et al Filed: 09/21/98 Other Dkt # 1:98-m -02140 Other Dkt # 1:98-m -02166 Case Assigned to: Judge Leonard B. Sand [Main part of docket snipped.] [For docket prior to this see: http://cryptome.org/usa-v-ubl-dkt.txt] Docket as of October 24, 2001 10:42 pm Page 300 10/17/01 -- Pre-Sentencing Conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed held before Judge Leonard B. Sand. Deft. El Hage present with attorney's Sam Schmidt and Joshua Dratel. Deft. Al-'Owhali present with attorney's Frederick Cohn and Laura Gasiovowski. Deft. Odeh present with attorney's Anthony Ricco and Edward Wilford. Arabic Interpreters: Andrew Codouni, Aziz Ismail, Taufic Maged present. Conference held has to 1) contents of PreSentence Report. 2) issues related to Restitution 3) 3 point enhancements for role in offense and victim related adjustments, etc. All issues dealing with downward departures will be held on 10/18/01. All (3) deft's cont'd detained. (jb) [Entry date 10/19/01] 10/18/01 -- Sentencing held: Wadih El Hage (1) count(s) 1sssssss, 3sssssss, 5sssssss, 287sssssss-289sssssss, 291sssssss-305sssssss. (bw) [Entry date 10/24/01] Docket as of October 24, 2001 10:42 pm Page 301 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/18/01 -- DISMISSAL of Count(s) on Government Motion as to Wadih El Hage. Counts Dismissed: Wadih El Hage (1) count(s) 1ssssssss, 1ssssss, 1sssss, 1ssss, 1sss, 1ss, 1s, 1-8, 2ssssssss, 2sssssss, 2ssssss, 3ssssssss, 3ssssss, 4ssssssss, 4ssssss, 5ssssssss, 5ssssss, 6ssssssss, 6sssssss, 6ssssss, 7ssssssss, 8ssssssss, 9ssssssss, 9-11, 10ssssssss, 11ssssssss-223ssssssss, 224ssssssss-234ssssssss, 228sssss-235sssss, 228ssss-235ssss, 228sss-235sss, 228ss-235ss, 228s-235s, 235ssssssss-275ssssssss, 236sssss, 236ssss-238ssss, 236sss-238sss, 236ss-238ss, 236s-238s, 237sssss, 238sssss, 245ssssss-264ssssss, 265ssssss-267ssssss, 276ssssssss, 277ssssssss-278ssssssss, 279ssssssss, 280ssssssss-281ssssssss, 282ssssssss, 283ssssssss, 284ssssssss, 285ssssssss, 286ssssssss, 287ssssssss-305ssssssss, 290sssssss, 306ssssssss-308ssssssss, 306sssssss-308sssssss. (bw) [Entry date 10/24/01] 10/19/01 639 ORDER as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed, Order of Restitution. The Court hereby, finds that although the above-named defendants are presently assumed to be without assets and will be subject to long terms of imprisonment, there is a reasonable possibility that they or some of them may generate income in the future from the sale to the media of accounts of their crimes, and there is a reasonable possibility that they or some of them may be found to own or have control of assets as yet undisclosed. As to the victims listed on the attached schedule and the U.S., it is hereby (i) ORDERED, ADJUDGED, AND DECREED that the above-named defendants jointly and severally pay restitutuion, in the amount set forth as the present value of lost income in the attached Schedule of Loss of Income, to the respective members of the victim's estate, or family member, as set forth in that schedule, and it is further (ii) ORDERED, ADJUDGED, AND DECREED that the above-named defendant's jointly and severally pay restitution to the U.S. in partial restitution for the August 1998 destruction of the embassies of the United States in Nairobi and Dar-es-Salaam in the amount of $26,300,000, and as provided in Section 3664(h)(i) all other victims shall receive restitution before the United States receives any restitution. Furthermore, it is hereby ORDERED, ADJUDGED AND DECREED that this Order of Restitution shall be without prejudice to the recovery of any other damages that any victim of the crimes committed by the above named defendants may seek in any other proceeding, which recoveries shall be credited against the amounts awarded hereunder; and it is further ORDERED ADJUDGED and DECREED that each defendant shall notify the Court and the Attorney General of any material change in his economic circumstances that might affect the defendant's ability to pay restitution. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) [Entry date 10/19/01] Docket as of October 24, 2001 10:42 pm Page 302 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR [Edit date 10/19/01] 10/19/01 640 ORDER as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef, Mustafa Mohamed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohammed Msalam, Sheikh Ahmed Salim Swedan, Mamdouh Mahmud Salim, Ali Mohamed, Ayman Al Zawahiri, Khaled Al Fawwaz, Ibrahim Eidarous, Adel Abdel Bary, Saif Al Adel, Abdullah Ahmed Abdullah, Muhsin Musa Matwalli Atwah, Anas Al Liby, L'Houssiane Kherchtou, Mohamed Suleiman Al Nalfi, Pursuant to prior Orders of this Court, there were purchased with government funds, sixteen (16) laptop computers, fourteen (14) of which were loaned to the individuals listed on Exhibit "A" attached hereto. These computers are now to be turned over to Frederick H. Cohn, Esq. who turn to deliver them to Leonard Joy, the Public Defender, except that Allan Haber and Irving Cohen may continue to hold said computers during their representation of Defendant Salim. These computers are, and at all relevant times have been, and will remain the property of the United States Government. (Signed by Judge Leonard B. Sand); Copies mailed. (jb) [Entry date 10/19/01] 10/19/01 641 NOTICE OF APPEAL by Mohamed Rashed Daoud Al-'Owhali ; from ; the Judgment entered in this action on 10/18/01. Copies mailed to the attorneys of record: A.U.S.A. *(CJA)*. (rmo) [Entry date 10/19/01] 10/19/01 -- Notice of Appeal with copy of order/judgment and two copies of docket entries as to Mohamed Rashed Daoud Al-'Owhali transmitted to USCA re: [641-1] appeal on 10/19/01. (rmo) [Entry date 10/19/01] Docket as of October 24, 2001 10:42 pm Page 303 Proceedings include all events. APPEAL 1:98cr1023-ALL USA v. Hage, et al PRIOR 10/22/01 642 FILED JUDGMENT in a Criminal Case (S7-98-Cr-1023-01). Defendant present with attorney Sam A. Schmidt and Joshua L. Dratel. Defendant Wadih El Hage (1) was found guilty on count(s) 1sssssss, 3sssssss, 5sssssss, 287sssssss-289sssssss, 291sssssss-305sssssss after a plea of not guilty. All Open Counts of Indictments' are dismissed on the motion of the United States. The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total of LIFE IMPRISONMENT on counts 1 and 3; TWENTY(20) YEARS on count 5, to run concurrently with counts 1 and 3; FIVE(5) YEARS on counts 287,288,289 and 291 thru 305 to run concurrently with each other and concurrently to counts 1,3 and 5. Defendant notified of right to appeal conviction and sentence. The defendant is remanded to the custody of the United States Marshal. Upon release from imprisonment, the defendant shall be on supervised release for a term of FIVE(5) YEARS on counts 1 and 3, and THREE(3) YEARS on counts 5,287,288,289 and counts 291 thru 305. All terms to run concurrently with each other. The above drug testing condition (p.3 of judgment) is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm as defined in 18 U.S.C. Section 921. The defendant shall pay an assessment of $2,100.00 in full immediately. The defendant shall pay a restitution in the amount of $33,816,561.75. Special instructions regarding the payment of criminal monetary penalties: Defendant to make restitution as directed by Order of this Court dated 10/18/01.; Judgment and Commitment issued to U.S. Marshal. ( Signed by Judge Leonard B. Sand ). [ copy of Order of Restitution, dated 10/18/01, attached ] (bw) [Entry date 10/24/01] [Edit date 10/24/01] 10/23/01 643 Filed Memo-Endorsement on letter to Judge Sand dated 10/19/01 from Sam A. Schmidt as to Wadih El Hage, requesting permission to continue to retain the laptop computers provided to assist in the defense in the above case...Permission granted to retain laptop computers for use on appeal. Permission deferred on request to continue representation. Must submit a proposed order. So ordered. ( Signed by Judge Leonard B. Sand ); Copies mailed. (ph) [Entry date 10/24/01] [END OF DOCKET: 1:98cr1023-0]