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27 November 1998
Source: PACER
See related files: http://jya.com/alqfiles.htm
X---------------------------------------------------------------------------X PACER SESSION DATE: Friday November 27, 1998 10:46:11 AM EST Docket as of November 24, 1998 2:26 am Page 1 Proceedings include all events. 1:98cr1023-1 USA v. Hage, et al PRIOR PRIOR U.S. District Court Southern District of New York - Civil Database (Foley Square) CRIMINAL DOCKET FOR CASE #: 98-CR-1023-1 USA v. Hage, et al Filed: 09/21/98 Case Assigned to: Judge Leonard B. Sand Other Dkt # 1:98-m -02166 WADIH EL HAGE Bruce McIntyre aka [COR LD NTC cja] "Abdus Sabbur," 361 Broadway defendant Suite 510 New York, NY 10013 (212) 219-3100 Pending Counts: Disposition 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (PERJURY) (1 - 8) 18:2332(b),(d) CONSPIRACY TO MURDER U.S. NATIONALS (1s) 18:2332(b) CONSPIRACY TO MURDER U.S. NATIONALS (1ss) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (FALSE STATEMENTS) (9 - 11) 18:1623 PERJURY BEFORE FEDERAL GRAND JURIES (228s - 235s) 18:1623 PERJURY (228ss - 235ss) 18:1001 FALSE STATEMENTS (236s - 238s) 18:1001 FALSE STATEMENTS (236ss - 238ss) Docket as of November 24, 1998 2:26 am Page 2 Proceedings include all events. 1:98cr1023-1 USA v. Hage, et al PRIOR Offense Level (opening): 4 Terminated Counts: NONE Complaints Disposition 18 U.S.C. 1001: FALSE STATEMENTS. [ 1:98-m -2166 ] U. S. Attorneys: Patrick J. Fitzgerald [COR LD NTC] Chief, Organized Crime and Terrorism Mary Jo White, United States Attorney Criminal Division One St. Andrew's Plaza New York, NY 10007 USA (212) 637-1045 Docket as of November 24, 1998 2:26 am Page 3 Proceedings include all events. 1:98cr1023-1 USA v. Hage, et al PRIOR 9/16/98 -- ARREST of Wadih El Hage. [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] 9/17/98 1 COMPLAINT as to Wadih El Hage in violation of 18 U.S.C. 1001. ( signed by Magistrate Judge James C. Francis IV ) [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] [Edit date 09/22/98] 9/17/98 2 CJA 23 Financial Affidavit as to Wadih El Hage : ( Signed by Magistrate Judge James C. Francis IV ) [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] [Edit date 09/22/98] 9/17/98 3 CJA 20 as to Wadih El Hage : Appointment of Attorney Bruce McIntyre. ( Signed by Magistrate Judge James C. Francis IV ) [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] 9/17/98 4 NOTICE of Appearance for Wadih El Hage by Attorney Bruce McIntyre. [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] [Edit date 09/22/98] 9/17/98 -- First Appearance as to Wadih El Hage held. Deft appears with CJA atty Bruce McIntyre. AUSA Patrick Fitzgerald present for the gov't. Preliminary Examination set for 10/1/98 for Wadih El Hage ; Detention Hearing set for 2:00 9/21/98 for Wadih El Hage ; (Mag. Judge Francis, IV). [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] 9/21/98 -- Detention hearing as to Wadih El Hage held. Deft appears with CJA atty Bruce McIntyre. AUSA Patrick Fitzgerald present for the gov't. Detention hearing adjourned on deft's request until 9/23/98 at 2:30 p.m. Deft to be detained until hearing. (Mag. Judge Pitman). [ 1:98-m -2166 ] (gq) [Entry date 09/22/98] 9/21/98 5 INDICTMENT as to Wadih El Hage (1) count(s) 1-8, 9-11 (Preliminary Examination cancelled.) (jm) [Entry date 09/22/98] 9/23/98 -- Detention hearing as to Wadih El Hage held. Deft present w/atty Bruce Mcintyre, AUSA Patrick Fitzgerald present. Deft detained (Bernikow, MJ). (bh) [Entry date 09/24/98] 9/23/98 6 ORDER OF DETENTION as to Wadih El Hage defendant has ties to other countries, risk of flight.( Signed by Magistrate Judge Leonard Bernikow ) (bh) [Entry date 09/24/98] Docket as of November 24, 1998 2:26 am Page 4 Proceedings include all events. 1:98cr1023-1 USA v. Hage, et al PRIOR 9/24/98 -- Arraignment as to Wadih El Hage held. Deft. Hage pres. w/atty. Bruce McIntyre. AUSA, Patrick Fitzgerald and Ken Karas. Deft. Wadih El Hage (1) enters a plea of not guilty to count(s) 1-8, 9-11 before Magistrate Judge Leonard Bernikow. Case has been assigned to Judge Sprizzo for all purposes. Deft's. bail-status detained. (Magistrate Judge Bernikow) (ba) [Entry date 09/29/98] 9/24/98 -- PLEA entered by Wadih El Hage . Court accepts plea. Not Guilty: Wadih El Hage (1) count(s) 1-8, 9-11 (ba) [Entry date 09/29/98] 9/24/98 -- CASE assigned to Judge John E. Sprizzo (ba) [Entry date 09/29/98] 9/24/98 7 NOTICE of Appearance for Wadih El Hage by Attorney Bruce McIntyre. (ba) [Entry date 09/29/98] 10/1/98 -- Status conference as to Wadih El Hage held. Dft. present with atty. Bruce McIntyre. AUSA Patrick Fitzgerald present. Case reassigned to Judge Sand. Dft. continued detained.....Eaton, J. (mb) [Entry date 10/06/98] [Edit date 10/06/98] 10/1/98 -- CASE reassigned to Judge Leonard B. Sand. (mb) [Entry date 10/07/98] 10/1/98 8 Pursuant to the memorandum of the Case Processing Asst. the above entitled action is reassigned to Judge Sand as to Wadih El Hage. Copies sent to attorney of record on 10/7/98. Documents received on 10/9/98 by Elizabeth Stanton. . (mb) [Entry date 10/07/98] [Edit date 10/14/98] 10/7/98 -- Status conference as to Wadih El Hage held. Deft. El Hage present w/atty Bruce McIntyre. AUSA Patrick Fitzgerald and Ken Karas present. Conference held. Govt' will need a month to gather facts as to how much discovery time will be needed. Status conference set for 11/10/98 at 9:30 a.m. Gov't submit order excluding time thru Nov. 10, 1998. Deft. cont'd detained. Gov't will file a S-Ind this day. (rg) [Entry date 10/08/98] 10/7/98 -- Status conference as to Wadih El Hage set at 9:30 11/10/98 for Wadih El Hage (rg) [Entry date 10/08/98] 10/7/98 11 (S1) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1s, 228s-235s, 236s-238s, Fazul Abdullah Mohammed (2) count(s) 1, 2-3, 4-227, Mohamed Sadeek Odeh (3) count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1, 2-3, 4-227 (rg) [Entry date 10/30/98] Docket as of November 24, 1998 2:26 am Page 5 Proceedings include all events. 1:98cr1023-1 USA v. Hage, et al PRIOR 10/8/98 9 ORDER as to Wadih El Hage, Time is excluded from 10/7/98 until 11/10/9 pursuant to the Speedy Trial Act and to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mb) [Entry date 10/14/98] 10/8/98 -- Arraignment as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held Wadih El Hage (1) count(s) 1s, 228s-235s, 236s-238s, Mohamed Sadeek Odeh (3) count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1, 2-3, 4-227 before Judge Leonard B. Sand. Deft. El Hague present w/atty Bruce McIntyre, Esq. Deft. Odeh present w/atty Michael Young, Esq. Deft. Al-Owhali present w/atty Leonard Joy, Esq. AUSA Patrick Fitzgerald and Kenneth Karas present. Interpreter Hassan Moawa (Arabic) present. Deft. El Hage is arraigned and pleads not guilty on each of counts 1 and 228 thru 238 as charged on S Indictment. Deft. Mohamed Odeh is arraigned on S Indictment and pleads not guilty on counts 1 and 2 thru 227 as charged. Deft. Mohamed Rashed Daoud Al'Owhali is arraigned on S-Ind. and pleads not guilty on counts 1 and 2 thru 227 as charged. All defts remain detained. Govt' submit order excluding time thru 11/10/98. Further status conference on 11/10/98 at 9:30. (rg) [Entry date 10/30/98] 10/8/98 -- PLEA entered by Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali . Court accepts plea. Not Guilty: Wadih El Hage (1) count(s) 1s, 228s-235s, 236s-238s, Mohamed Sadeek Odeh (3) count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1, 2-3, 4-227 (rg) [Entry date 10/30/98] 10/8/98 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali set at 9:30 11/10/98 for Wadih El Hage, for Mohamed Sadeek Odeh, for Mohamed Rashed Daoud Al-'Owhali (rg) [Entry date 10/30/98] 10/9/98 10 ORDER as to Wadih El Hage, Time excluded from 10/7/98 until 11/10/98 to Continue in Interests of Justice ( Signed by Judge Leonard B. Sand ); Copies mailed. (mr) [Entry date 10/14/98] 11/4/98 13 (S2) SUPERSEDING INDICTMENT as to Wadih El Hage (1) count(s) 1ss, 228ss-235ss, 236ss-238ss, Fazul Abdullah Mohammed (2) count(s) 1s, 2s-3s, 4s-227s, Mohamed Sadeek Odeh (3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s, Usama Bin Laden (5) count(s) 1, 2-3, 4-227, Muhammad Atef (6) count(s) 1, 2-3, 4-227 (rg) [Entry date 11/12/98] 11/9/98 12 LETTER filed by USA, Dated 11/5/98, Addressed to: Hon. Leonard B. Sand Re: Status Update For The Court In Advance Of The Conference On Next Tuesday, November 10, 1998 At 9:30am. (rag) [Entry date 11/09/98] Docket as of November 24, 1998 2:26 am Page 6 Proceedings include all events. 1:98cr1023-1 USA v. Hage, et al PRIOR 11/10/98 -- Arraignment as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held Wadih El Hage (1) count(s) 1ss, 228ss-235ss, 236ss-238ss, Mohamed Sadeek Odeh (3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s before Judge Leonard B. Sand. Conference and arraignments held. Deft. El Hage present w/atty Bruce McIntyre. Deft. Odeh present w/atty Michael A. Young. Deft. Al-Owhali present w/atty Leonard Joy. AUSA Patirck Fitzgerald present. AUSA Ken Kara present. Deft. El Hage is arraigned on S(2) indictment and pleads not guilty on counts 1 and counts 228 thur 238 as charged. Deft. Mohamed Sadeek Odeh is arraigned on S(2) indictment 98-1023 and pleads not guilty on counts 1 thru 227 as charged. Deft. Mohamed Rashed Daoud Al-Owhali is arraigned on S(2) Ind. 98 cr 1023 and pleads not guilty on counts 1 thru 227 as charged. Conference held. First wave of discovery to be completed by early Feb. 99. Hearing to be held on 11/16/98 at 3 p.m. on prison conditions at MCC and on Government's right to make an application for protective order under R-16(d). Further conference 1/14/99 at 10 a.m. Govt. submit order excluding time thru 1/14/99. All (3) defts' cont'd remanded. Interpreter Fouad Kheir (Arabic) present. (rg) [Entry date 11/12/98] 11/10/98 -- PLEA entered by Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali . Court accepts plea. Not Guilty: Wadih El Hage (1) count(s) 1ss, 228ss-235ss, 236ss-238ss, Mohamed Sadeek Odeh (3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s (rg) [Entry date 11/12/98] 11/10/98 14 LETTER filed by Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef From Michael A. Young, Dated 11/5/98, Addressed to: Mr. Fitzgerald Re: objecting to the Special Administration Measures which were issued regarding our clients on or about 10/22/98. (mr) [Entry date 11/13/98] 11/16/98 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held. Defendant El Hage present with attorney Bruce McIntyre. Defendant Odeh present with attorney Michael A. Young. Defendant Al-'Owhali present with attorny Leonard Joy and David I. Bruck. Hearing begun on conditions of confinement at MCC and proposed protective order, and adjourned to 11/17/98. Also present Dominique Raia, attorney for MCC, and Warden Dennis Hasty. (mr) [Entry date 11/20/98] Docket as of November 24, 1998 2:26 am Page 7 Proceedings include all events. 1:98cr1023-1 USA v. Hage, et al PRIOR 11/17/98 -- Status conference as to Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali held. No defendants present. Bruce McIntyre present for defendant El Hage. Leonard Joy and Davd Bruck present for defendant Leonard Joy and Davd Bruck present for defendant AUSA Patrick Fitzgerald present. Count concludes that it is satisfied that conditions at 10-south (at MCC) are not worse that conditions at 9-south and in some respects more comfortable. Measures are reasonably based on security needs and needs of the institution. Government submits amended order revising S.A.M. conditions. (mr) [Entry date 11/20/98] 11/18/98 18 TRANSCRIPT of record of proceedings as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef for dates of 9/23/98. (mr) [Entry date 11/18/98] 11/19/98 20 SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef (da) [Entry date 11/20/98] [END OF DOCKET: 1:98cr1023-1] X---------------------------------------------------------------------------X