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24 September 1998: http://jya.com/alqfiles.htm
22 September 1998
Source: Fax today from U.S. Attorney's Office, Southern District of New York,
Public Information Office, (MS/HH). Tel: 212-637-2600. Fax: 212-791-0561.
See related complaints: http://jya.com/usa-v-qadea.htm
See news reports: http://jya.com/weh092298.htm
[No date]
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - - - - x
UNITED STATES OF AMERICA : INDICTMENT
- v - :
WADIH EL HAGE, : 98 Cr. ( )
a/k/a "Abdus Sabbur,"
a/k/a "Norman," :
Defendant. :
- - - - - - - - - - - - - - - - - - - - x
COUNTS ONE THROUGH EIGHT: PERJURY BEFORE FEDERAL GRAND JURIES
The Grand Jury charges:
Background
1. Beginning in 1996, the United States Attorney for
the Southern District of New York and teh 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 the
terrorist organization headed by Usama Bin Laden and known as "al
Qaeda" (meaning "the BAse"), in countries including the Sudan,
Saudi Arabia, Egypt, Yemen, Somalia, Eritrea, Afghanistan,
Pakistan, Bosnia, Croatia, Algeria, Tunisia, Lebanon, the
Philippines, Tajikistan, Chechnya, Kashmir and Azerbaijan, as well
[1]
as in Kenya and teh united States; (ii) the targets of al Qaeda's
terrorist activities, including American interests, worldwide;
(iii) the relationship between WADIH EL HAGE and teh al Qaeda
organization, including its leader Usama Bin Laden and al Qaeda's
later military commander known as "Abu Ubaidah al Banshiri" and
current military commander "Abu Hafs al Masry."
2. 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 WADIH EL HAGE
associated while living in the Sudan and kenya and while travelling
in Pakistan and Afghanistan.
d. the nature and extent of 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 WADIH EL HAGE, 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 teh early part of 1994;
f. whether Abu Ubaidah al Banshiri was working in
2
Kenya and Tanzania on behalf of Usama Bin Laden and al Qaeda during
the time preceding his frowning death in Lake Victoria in the
summer of 1996;
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 Harun
Fashl, the deputy of WADIH EL HAGE, in Kenya and whether Harun
Fazhl was working for Usama Bin Laden; and
i. whether WADIH EL HAGE was still working for
Usama Bin Laden's al Qaeda organization in 1997.
3. On or about September 24, 1997, WADIH EL HAGE a/k/a
"Abdus Sabbur," a/k/a "Norman," the defendant, was served with a
Grand Jury subpoena calling for him to testify before a Grand Jury
sitting in the Southern district of New York.
4. 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, WADIH EL HAGE a/k/a
"Abdus Sabbur," a/k/a "Norman," the defendant, testified before a
Grand Jury sitting in the Southern District of New York.
5. Following the appearance of WADIH EL HAGE 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 matters outlined above and other matters that had
3
become of interest since the time of EL HAGE's 1997 Grand Jury
appearance, including, but not limited to: )i) the February 1998
fatwah singed 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 American -- including civilians -
- anywhere in the world 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 more than 250
persons, including 12 Americans and the wounding of more than 5000
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; (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 the 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.
6. In addition to the matters recited in paragraph 2
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,"
4
"Tayseer" (or "Taysir"), "Adel Habib," "Jalal" and "the Dr.";
b. the efforts of WADIH EL HAGE to obtain
chemical weapons and/or their components at various times in the
1990's;
c. the nature and extent of contacts by WADIH EL
HAGE with Harun Fazhl 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.
7. On or about September 15, 1998, WADIH EL HAGE, a/k/a
"Abdus Sabbur," a/k/a "Norman," the defendant, 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.
8. 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, WADIH EL HAGE, a/k/a
"Abdus Sabbur," a/k/a "Norman," the defendant, testified before a
Grand Jury sitting in the Southern District of New York.
COUNT ONE: Statutory Allegation
9. on or about September 24, 1997, in the Southern
District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a
"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
5
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 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.
6
(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 TWO: Statutory Allegation
10. on or about September 24, l998, in the Southern
District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a
"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.
7
(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 THREE: Statutory Allegation
11. On or about September 16, l998, in the Southern
District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a
"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 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?
8
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?
A. Right.
(Title 18, United States Code, Section 1623.)
COUNT FOUR: Statutory Allegation
12. On or about September 16, 1998, in the Southern
District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a
"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
9
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.
(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 FIVE: Statutory Allegation
13. On or about September 16, 1998, in the Southern
10
District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a
"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 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?
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?
11
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. 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.
(h) Q. How do you know?
A. Well, I never knew that he was there.
* * *
(i) Q. Wasn't Abu Ubaidah al Banshiri also known as Jalal?
A. I never heard that.
(j) 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
12
nickname Jalal, J-a-l-a-l, is that your testimony?
A. Right.
* * *
(k) 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.
(l) 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 SIX: Statutory Allegation
14. On or about September 16, 1998, in the Southern
District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a
"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:
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 SEVEN: Statutory Allegation
15. On or about September 16, 1998, in the Southern
13
District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a
"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. 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 EIGHT: Statutory Allegation
16. On or about September 16, 1998, in the Southern
District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a
"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:
14
(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.
(Title 18, United states Code, Section 1623.)
COUNT NINE: FALSE STATEMENTS
The Grand Jury further charges:
17. On or about September 23, 1997, in the Southern
District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a
"Norman," the defendant, 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
15
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 TEN: FALSE STATEMENTS
The Grand Jury further charges;
18. On or about October 17, 1997, in Arlington, Texas
WADIH EL HAGE, a/k/a "Abdus Sabbur," the defendant, 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 ELEVEN: FALSE STATEMENTS
19. On or about August 20, 1998, in Dallas, Texas, and
Arlington, Texas, outside the Southern District of New York, WADI
16
EL HAGE, a/k/a "Abdus Sabbur," the defendant, 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
17
[End indictment]
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