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21 September 1998
Three related complaints related to US Embassy bombings in Africa:
USA v. Wadih el Hage
El Hage and Fazil complaints by 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
Odeh complaint from FBI Web site; see URL with document.
[No date]
APPROVED: [Signature]
PATRICK J. FITZGERALD
Assistant United States Attorney
BEFORE: HONORABLE JAMES C. FRANCIS IV
United States Magistrate Judge
Southern District of New York
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - - - - x
UNITED STATES OF AMERICA :
- v - : COMPLAINT
WADIH EL HAGE, : Violation of
a/k/a "Abdus Sabbur," Title 18, United
: States Code,
Defendant. Section 1001
- - - - - - - - - - - - - - - - - - - - x
SOUTHERN DISTRICT OF NEW YORK, ss.:
DANIEL J. COLEMAN, being duly sworn, deposes and says
that he is a Special Agent of the Federal Bureau of Investigation
("FBI"), and charges as follows:
COUNT ONE: FALSE STATEMENTS
1. On or about September 23, 1997, in the Southern
District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," the
defendant, in a matter within the jurisdiction of the executive
branch of the government, 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 and
that he believed that "Abu Ubaidah al Banshiri" was then alive and
well and living in Afghanistan with Usama Bin Laden.
(Title 18, United States Code, Section 1001.)
COUNT TWO: FALSE STATEMENTS
2. On or about October 17, 1997, in Arlington, Texas,
outside the Southern district of New York, WADIH EL HAGE, a/k/a
"Abdus Sabbur," the defendant, in a matter within the jurisdiction
of the executive branch of the government, 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 the "Abu Ubaidah al Banshiri," a military commander for
[1]
Usama Bin Laden, had died.
(Title 18, United States Code, Section 1001)
COUNT THREE: FALSE STATEMENTS
3. On or about August 20, 1998, in Dallas, Texas,
outside the Southern district of New York, WADIH EL HAGE, a/k/a
"Abdus Sabbur," the defendant, in a matter within the jurisdiction
of the executive branch of the government, 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 photography when in
truth and fact EL HAGE knows Mohamed Sadeek Odeh.
(Title 18, United States Code, Section 1001)
4. I have participated in the investigation of the
above-captioned matter, and have spoken with other individuals,
including federal agents, other law enforcement officials, and
other witnesses. When I rely on statements made by others, such
statements are related in part and substance unless otherwise
indicated. Moreover, because this affidavit is submitted for the
limited purpose of establishing probable cause supporting the
arrest of the defendant, I have not set forth each and every fact
learned during the course of this investigation.
Overview: Usama Bin Laden, the al Qaeda Organization, the Embassy
Bombings and Wadi el Hage
5. During the course of my investigation, I have become
familiar with a terrorist organization know as al Qaeda. I have
learned from a variety of sources, including: persons who have been
associated with al Qaeda; statements by the leader of al Qaeda,
Usama Bin Laden; and documentary evidence, that al Qaeda is an
international terrorist organization led by Usama Bin Laden. The
purposes of al Qaeda include, among other things: (i) killing
members of the American military stationed in Saudi Arabia, Yemen,
Somalia and elsewhere; and (ii) killing American civilians
worldwide, in response to, and in order to influence, the foreign
policy of the government of the United States. As is set forth
below, EL HAGE has admitted serving as the personal secretary of
Usama Bin Laden while Bin Laden and EL HAGE lived in the sudan and
has also admitted being familiar with Bin Laden's ranking military
commanders, Abu Ubaidah al Banshiri and Abu Hafs el Masry. In
1994, EL HAGE moved from Sudan to kenya where he lived until
1997 before returning to the United States.
6. Following the August 7, 1998, bombings of the United
States Embassies in Nairobi, Kenya, and Dars es Salaam, Tanzania,
[2]
which resulted in the deaths of well more than 250 people, one
Mohamed Sadeek Odeh was arrested in Kenya and later charged in this
District with the murders caused by the bombing. Odeh admitted to
being a close friend of WADIH EL HAGE, a/k/a "Abdus Sabbur," and
has described EL HAGE's background in accurate detail. However,
when agents investigating the bombings sought to interview EL HAGE
about Odeh, EL HAGE denied knowing Odeh and stated that he did not
recognize his picture. A year earlier, EL HAGE had repeatedly
denied knowing that Bin Laden's military commander "Abu Ubaidah al
Banshiri" had drowned in 1996 while travelling in East Africa --
the area where EL HAGE then lived -- although EL HAGE admitted
travelling to the scene of the drowning. Moreover, it appears that
a close associate of EL HAGE named "Harun" -- who worked for EL
HAGE and lived in the same Nairobi house as EL HAGE in 1997 -- is
a member of al Qaeda who carried out the bombing of the U.S.
Embassy in Nairobi. However, EL HAGE has claimed that he does not
know if "Harun" knows Usama Bin Laden.
The September 1997 Statements
7. On September 23, 1997, WADIH EL HAGE, a/k/a "Abdus
Sabbur," was interviewed by me and other law enforcement officers
in New York, New York. During that interview, EL HAGE admitted
knowing that "Abu Ubaidah al Banshiri" was Usama Bin Laden's
military commander and that he had met him in the past. EL HAGE
further admitted that he had visited the scene of a ferry sinking
in Lake Victoria in 1996 to look for someone who had drowned but
stated that he had never heard that "Abu Ubaidah al Banshiri" had
died in that incident. In fact, he stated that he believed that
"Abu Ubaidah al Banshiri" was then alive and well and living in
Afghanistan with Usama Bin Laden. EL HAGE also admitted serving as
the personal secretary to Usama Bin Laden while he and Bin Laden
lived in the Sudan.
The October 1997 Statements
8. On October 21, 1997, WADIH EL HAGE, a/k/a "Abdus
Sabbur," was reinterviewed by other law enforcement officers in
Arlington, Texas. During that interview, EL HAGE stated once again
that he had never learned that "Abu Ubaidah al Banshiri" had died
in the ferry sinking incident in Lake Victoria.
The August 1998 Statements
9. On August 20, 1998, following the bombings of the
embassies in Kenya and Tanzania, WADIH EL HAGE, a/k/a "Abdus
Sabbur," was interviewed by other law enforcement officers in
Arlington, texas. EL HAGE stated that he did not know Mohamed
Sadeek Odeh but had heard that he was arrested because he was a
Palestinian using a Yemeni passport with someone else's picture.
Later that evening, I was present when two color photographs of
Mohamed Sadeek Odeh were displayed to EL HAGE, who stated that he
did not recognize the person depicted in the photographs.
[3]
10. During the course of the interviews on that date, EL
HAGE admitted knowing Bin Laden's chief lieutenants, "Abu Hafs el
Masry" and "Abu Ubaidah al Banshiri," when EL HAGE lived in the
Sudan. EL HAGE further stated that he had travelled to the scene
of the 1996 ferry accident with one "Harun" to look for "Adel
Habib." EL HAGE insisted that "Adel Habib" was not the same person
as "Abu Ubaidah al Banshiri." EL HAGE described "harun" as a close
associate who both lived in EL HAGE's home in Kenya and also worked
for EL HAGE. Indeed, EL HAGE admitted dispatching "Harun" to
Somalia in connection with his work. However, EL HAGE contended
that he did not know if "Harun" either worked for Usama Bin Laden
or was acquainted with him.
The Wadi el Hage Files
11. WADIH EL HAGE, a/k/a "Abdus Sabbur," admitted in the
fall of 1997 interviews that he had maintained certain files in his
home in Nairobi, Kenya, in 1997 which had been removed by his close
friend "Harun" after "Harun" learned that a former confidante of
Usama Bin Laden may have been arrested. EL HAGE stated that the
files were to be sent to the home of a particular individual. A
1997 search of the residence of that individual by Kenyan
authorities failed to recover the files. In August, 1998, following
the bombing of the United States Embassy in Nairobi, Kenya, a
search conducted in Nairobi by Kenyan authorities in the presence
of FBI agents recovered what appear to be the files of WADIH EL
HAGE. These files appear to include EL HAGE's phone bills and
various personal items among other things. They also include a
receipt for an item being shipped to "Mohamed Oudeh" from Wadih
Hage." The files further contain an identification document for
"Adel Habib," which bears a picture.
12. Confidential Source 1 ("CS-1"), a person familiar
with both WADIH EL HAGE, a/k/a "Abdus Sabbur," and "Abu Ubaidah al
Banshiri," and who is suspected of possible involvement of criminal
activity with members and associates of al Qaeda, has advised that
"Abu Ubaidah al Banshiri" used the alia "Adel Habib" and has
identified the picture of "Adel Habib" obtained from EL HAGE's
files as being a picture of "Abu Ubaidah al Banshiri." CS-1
further stated that EL HAGE went to the scene of the Lake Victoria
ferry sinking with "Harun" to look for "Abu Ubaidah al Banshiri."
The Odeh Statements
13. On or about August 16, 1998, following the bombing
of the United States Embassy in Nairobi, kenya, one week earlier,
Mohamed Sadeek Odeh ("Odeh") was taken into custody by Kenyan
authorities and subsequently was advised of his Miranda rights by
Special Agents of the FBI. Odeh waived his rights and agreed to
answer questions. Thereafter, Odeh admitted in substance that he
was an active member of al Qaeda, that he believed that the Embassy
bombings were carried out by al Qaeda, and that, as a member of al
4
Qaeda, Odeh accepted responsibility for the bombings. Among other
things, Odeh stated that:
a. He was trained in a number of camps affiliated
with al Qaeda, an international terrorist group, led by Usama Bin
Laden, dedicated to opposing non-Islamic governments with force and
violence.
b. In or about 1992, ODEH joined al Qaeda and
agreed to follow the orders of the emir (prince) of al Qaeda -- who
Odeh knew to be Usama Bin Laden -- 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, and has never left the
organization.
c. In or about 1993, as part of his duties with al
Qaeda, Odeh trained Islamic fighters in Somalia who were opposed to
the United Nations forces in Somalia.
d. In or about 1994, Odeh 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 top commanders of al Qaeda, including the military
commanders "Abu Hafs el Masry" and "Abu Ubaidah al Banshiri," who
helped Odeh get a start in the fishing business.
e. Odeh admitted that he was familiar with WADIH
EL HAGE, a/k/a "Abdus Sabbur," who he described as a converted
Muslim of Lebanese Christian origins who was in the Tanzanite
business. Odeh further stated that WADIH EL HAGE, a/k/a "Abdus
Sabbur," had moved to kenya from the Sudan after earlier spending
time in Afghanistan. Odeh stated that WADIH EL HAGE, a/j/a "Abdus
Sabbur," was a friend of Usama Bin Laden who worked in Kuwait,
studied engineering in America and married an American citizen.
f. Odeh further stated that in 1997 WADIH EL
HAGE, a/k/a "Abdus Sabbur," sent Odeh on a mission to Somalia on
behalf of usama Bin Laden.
g. Odeh further stated that shortly before WADIH
EL HAGE, a/k/a "Abdus Sabbur," returned to the United States [which
I know occurred in September 1997], EL HAGE visited Usama Bin
Laden in Afghanistan.
h. Odeh stated that he trusted WADIH EL HAGE,
a/k/a "Abdus Sabbur," very much and considered him a very close
friend like an older brother. In 1994 in Mombasa, kenya, Mohamed
Sadeek Odeh was married during a ceremony attended by the defendant
WADIH EL HAGE. After the ceremony, WADIH EL HAGE drove Odeh and
Odeh's wife home in a car belonging to WADIH EL HAGE, a/k/a "Abdus
Sabbur." Also in attendance at the wedding was "Harun."
5
i. On another occasion, Odeh obtained an identity
card with the assistance of WADIH EL HAGE, a/k/a "Abdus Sabbur."
j. Odeh further indicated that "Abu Hafs al Masry"
was one of Usama Bin Laden's top two military commanders. The
other top Bin Laden military commander was "Abu Ubaidah al
Banshiri" who drowned when a ferry sank in Lake Victoria.
k. Odeh further indicated that he had met "Harun"
in Afghanistan at an al Qaeda camp, that harun had explosives
training and had provided military training to Islamic forces in
Somalia. In addition, "harun" was a member of al Qaeda and a
secretary to EL HAGE who used to live in EL HAGE's house. "Harun"
would regularly type reports about a Qaeda to be forwarded to
Usama Bin Laden or one of his top deputies. Odeh thought it likely
that "Harun" had constructed the bomb used against the U.S. Embassy
in Nairobi. Indeed, Odeh understood that on August 6, 1998, all al
Qaeda members then in Kenya were leaving the country, wit the
exception of "Harun" who was staying behind for some reason.
14. I know from independent investigation that WADIH EL
HAGE, a/k/a "Abdus Sabbur," is a converted Muslim of Lebanese
Christian origins who was in the Tanzanite business, as described
by Odeh. Moreover, WADIH EL HAGE, a/k/a "Abdus Sabbur," has
admitted to me that he moved to kenya from the Sudan in 1994 after
earlier spending time in Afghanistan. Further, WADIH EL HAGE,
a/k/a "Abdus Sabbur," admitted he was a friend of Usama Bin Laden,
that he had worked in Kuwait, studied city planning in Louisiana
and that he had married an American citizen.
The Al-'Owhali Statements
15. On or about August 16, 1998, following the bombing
of the United States Embassy in Nairobi, Kenya, one week earlier,
Mohamed Rashed Daoud al-'Owhali was taken into custody by kenyan
authorities and subsequently advised of his Miranda rights by
Special Agents of the FBI. Al-'Owhali waived his rights and agreed
to answer questions. Thereafter, al-'Owhali admitted his role in
the bombing of the U.S. Embassy in Nairobi and stated in substance
that: (i) he had been trained at al Qaeda camps; (ii) he and
"Harun" had reconnoitered the U.S. Embassy in Nairobi in the days
shortly before the bombing; (iii) he and "Harun" had stayed in a
villa rented by "Harun" where the bomb had been built; and (iv) on
the day the bombing occurred, al-'Owhali and another co-
6
conspirator had driven the bomb-laden vehicle to the embassy while
trailing a pick-up truck driven by "Harun."
WHEREFORE, your deponent respectfully requests that the
defendant WADIH EL HAGE, a/k/a "Abdus Sabbur," be imprisoned or
bailed as the case may be.
[Signature]
DANIEL J. COLEMAN
Special Agent,
Federal Bureau of Investigation
Sworn to before me this
day of September 1998
[No signature]
_______________________________
UNITED STATES MAGISTRATE JUDGE
7
[Following complaint attached.
See related court docket: http://jya.com/usa-v-fazil.htm ]
[Stamp] 98MAG.2052
APPROVED: [Two signatures]
DAVID N. KELLEY
MICHAEL J. GARCIA
Assistant United States Attorneys
BEFORE: HONORABLE SHARON E. GRUBIN
United States Magistrate Judge
Southern District of New York
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - - - - x
UNITED STATES OF AMERICA :
- v - : SEALED COMPLAINT
HAROUN FAZIL, : Violation of
a/k/a "Harun," Title 18, United
a/k/a "Harun Fahdl," : States Code,
Defendant. Sections 1111, 1117,
: 2332a and 2
- - - - - - - - - - - - - - - - - - - - x
SOUTHERN DISTRICT OF NEW YORK, ss.:
DANIEL J. COLEMAN, being duly sworn, deposes and says
that he is a Special Agent of the Federal Bureau of Investigation
("FBI"), and charges as follows:
COUNT ONE THROUGH TWELVE: MURDER
1. On or about August 7, 1998, in he special maritime
and territorial jurisdiction of the United States, as that term is
defined in Title 18, United States Code, Section 7(3), and outside
the jurisdiction of any particular state or district, HARUN FAZIL,
a/k/a "Harun," a/k/a Harun Fahdl," the defendant, together with
others known and unknown, unlawfully, deliberately, and with malice
aforethought, murdered the United States nationals identified
[1]
below, as well as hundreds of non-Americans, at the United States
Embassy Compound, Nairobi, Kenya (the "Embassy").
COUNT VICTIM
ONE NATHAN ALIGANGA
TWO JULIAN HARTLEY
THREE JAY HARTLEY
FOUR JEAN DALIZU
FIVE MOLLY HARDY
SIX KEN HOBSON
SEVEN PRABHI GUPTARA KAVALIER
EIGHT ARLENE KIRK
NINE LOUISE MARTIN
TEN MICHELLE O'CONNOR
ELEVEN SHERRY OLDS
TWELVE UTTAMLAL SHAH
(Title 18, United States Code, Sections 7(3), 111, and 2.)
COUNT THIRTEEN: MURDER CONSPIRACY
2. From in or about March 1998 through the date of the
filing of this Complaint, outside the jurisdiction of any
particular state or district, HARUN FAZIL, a/k/a "Harun," a/k/a
Harun Fahdl," the defendant, together with others known and
unknown, unlawfully, willfully and knowingly combined, conspired,
confederated and agreed together and with each other to murder the
occupants of the United States Embassy Compound, Nairobi, kenya, in
the special maritime and territorial jurisdiction of the United
States, as that term is defined in title 18, United States Code,
Section 7(3).
3. In furtherance of the conspiracy and to effect the
object thereof, the defendant and others committed the following
overt acts, among others:
a. From in or about May 1998, through on or about
August 7, 1998, HARUN FAZIL, a/k/a "Harun," a/k/a Harun Fahdl," the
defendant, maintained a villa in the vicinity of Nairobi, Kenya.
b. On or about August 1, 1998, HARUN FAZIL, a/k/a
"Harun," a/k/a Harun Fahdl," the defendant, together with others
known and unknown, reconnoitered the Embassy.
c. On or about August 7, 1998, HARUN FAZIL, a/k/a
"Harun," a/k/a Harun Fahdl," the defendant, together with others
known and unknown, driving the lead vehicle, directed a second,
bomb-laden vehicle in the direction of the Embassy.
(Title 18, United States Code, Section 1117.)
[2]
COUNT FOURTEEN: USE OF WEAPONS OF MASS DESTRUCTION
4. From in or about 1994 through the date of the filing
of this Complaint, in Nairobi, Kenya and outside the jurisdiction
of any particular state or district, HARUN FAZIL, a/k/a "Harun,"
a/k/a Harun Fahdl," the defendant, together with others known and
unknown, unlawfully, willfully, and knowingly, and without lawful
authority, combined, conspired, confederated and agreed together
and with each other to use and threaten to use, weapons of mass
destruction, against property that is owned, leased, and used by
the United States, to wit, the defendant conspired to detonate an
improvised explosive device inside and in the vicinity of the
United States Embassy Compound, Nairobi, Kenya.
(Title 18, United States Code, Section 2332a.)
The bases for my knowledge and the foregoing charges are
as follows:
5. I have participated in the investigation of the
above-captioned matter, and have spoken with other individuals,
including federal agents, other law enforcement officials, and
other witnesses. When I rely on statements made by others, such
statements are related in part and substance unless otherwise
indicated. Moreover, because this affidavit is submitted for the
limited purpose of establishing probable cause supporting the
arrest of the defendant, I have not set forth each and every fact
learned during the course of this investigation.
6. On August 7, 1998, at approximately 10:30 a.m. local
time, a massive explosion occurred in the vicinity of the United
States Embassy in Nairobi, Kenya, demolishing a secretarial college
adjacent to the rear of the Embassy, and severely damaging both the
Embassy and a nearby building. At least 258 persons were killed,
including 12 United States nationals.
7. A coconspirator of the defendant who has
acknowledged participating in the Embassy bombing ("CC-1"), has
stated after his arrest, among other things that:
a. On or about August 1, 1998, CC-1 joined an
individual he knew as "Harun," in Nairobi, Kenya. CC-1 identified
"Harun" from video footage that was taken in or about May 1996
(hereinafter the "video").
b. On or about August 1, 1998 Harun and CC-1
reconnoitered the Embassy in preparation for the August 7, 1998
bombing operation.
c. After initially staying in a hotel, CC-1 moved
into a villa with Harun that Harun had rented in the vicinity of
3
Nairobi. CC-1 stated that he believed that the bomb was
constructed in the villa (hereinafter the "Villa").
d. On the morning of August 7, 1998 the occupants
of the bomb-laden vehicle followed the defendant, who was driving
a white pick-up truck, to the vicinity of the Embassy.
8. A confidential source ("CS-1") who has known Harun
for more than one year, has identified the Villa as a place rented
by Harun from in or about May 1998 through on or about August 7,
1998. CS-1 also reported that, in the days, immediately following
the August 7, 1998 bombing of the Embassy, Harun hired two
individuals to clean out the Villa. Moreover, CS-1 reported that,
on or about August 14, 1998, Harun left Tanzania for the Comoros
Islands.
9. On or about August 20, 1998 members of the FBI
participated in a search of the Villa. Agents conducting the
search observed large amounts of a gray powder in various places in
the Villa. Samples of the powder were shipped to the FBI
laboratory for testing. That material has not arrived at the
laboratory; however, bomb technicians and an FBI chemist to whom
the powder was described have stated that the appearance of the
material is consistent with that of aluminum powder, an ingredient
frequently used in improvised explosive devices.
10. An individual who has acknowledged his membership in
al Qaeda (see ¶ 10(c), supra), hereafter "CC-2," has also
provided information about Harun. In sum and substance, CC-2 has
stated the following concerning Harun:
a. He knows the individual in the video (see ¶ 7a,
supra), as "Harun Fadhl" who is from the Comoros Islands. CC-2
first met Harun in a paramilitary training camp in Afghanistan in
or about 1994.
b. CC-2 knew that Harun drove a white pick-up type
vehicle.
c. Harun has been a member of al Qaeda, an
international terrorist group, led by Usama Bin Laden, dedicated to
opposing non-Islamic governments with force and violence. In
particular, Harun has been trained in explosives and has been an
active participant in the Kenyan cell of al Qaeda. One of Harun's
duties in al Qaeda has been the preparation of various reports for
al Qaeda and teh transmittal of those reports to Usama bin Laden
and his top lieutenants.
d. In or about early August 1998 CC-2 met with
various members of al Qaeda's Kenyan cell in the Hilltop Hotel in
Nairobi. Among those who attended the meetings were Harun and
another explosives expert. CC-2 stated that, on or about August 4,
4
1998, CC-2 was advised by a leader of the Kenyan cell that harun
was involved in a "small job."
e. In or about early August, CC-2 was advised by
al Qaeda members to leave Nairobi by August 6, 1998, and further,
that Harun would be staying in Nairobi for some unspecified
purpose.
WHEREFORE, your deponent respectfully requests that an
arrest warrant be issued for the defendant HARUN FAZIL, a/k/a
"Harun," a/k/a Harun Fahdl," and that he be imprisoned or bailed
as the case may be.
[Signature]
DANIEL J. COLEMAN
Special Agent,
Federal Bureau of Investigation
Sworn to before me this
28th day of August 1998
[S/Signature]
_______________________________
UNITED STATES MAGISTRATE JUDGE
[Stamp]
SHARIN E. GRUBIN
United States Magistrate Judge
Southern District of New York
5
[End documents provided by U.S. Attorney's Office.]
Source: HTTP://www.fbi.gov/pressrel/odeh.pdf (435K)
[FBI fax dated AUG 28 '98 09:52AM]
[Stamp] 98MAG.[illegible]
APPROVED: [Two signatures]
DAVID N. KELLEY
MICHAEL J. GARCIA
Assistant United States Attorneys
BEFORE: HONORABLE SHARON E. GRUBIN
United States Magistrate Judge
Southern District of New York
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - - - - x
UNITED STATES OF AMERICA :
- v - : SEALED COMPLAINT
MOHAMED SADEEK ODEH, : Violation of
Title 18, United
: States Code,
Defendant. Sections 1111, 1117,
- - - - - - - - - - - - - - - - - - - - x 2332a and 2
SOUTHERN DISTRICT OF NEW YORK, ss.:
DANIEL J. COLEMAN, being duly sworn, deposes and says
that he is a Special Agent of the Federal Bureau of Investigation
("FBI"), and charges as follows:
COUNT ONE THROUGH TWELVE: MURDER
1. On or about August 7, 1998, in he special maritime
and territorial jurisdiction of the United States, as that term is
defined in Title 18, United States Code, Section 7(3), and outside
the jurisdiction of any particular state or district, MOHAMED SADEEK
ODEH, the defendant, together with others known and unknown,
unlawfully, deliberately, and with malice aforethought, murdered
the United States nationals identified below, as well as hundreds
[1]
of non-Americans, at the United States Embassy Compound, Nairobi,
Kenya (the "Embassy").
COUNT VICTIM
ONE NATHAN ALIGANGA
TWO JULIAN HARTLEY
THREE JAY HARTLEY
FOUR JEAN DALIZU
FIVE MOLLY HARDY
SIX KEN HOBSON
SEVEN PRABHI GUPTARA KAVALIER
EIGHT ARLENE KIRK
NINE LOUISE MARTIN
TEN MICHELLE O'CONNOR
ELEVEN SHERRY OLDS
TWELVE UTTAMLAL SHAH
(Title 18, United States Code, Sections 7(3), 111, and 2.)
COUNT THIRTEEN: MURDER CONSPIRACY
2. From in or about 1992 through the date of the filing
of this Complaint, outside the jurisdiction of any particular state
or district, MOHAMED SADEEK ODEH, the defendant, together with
others known and unknown, unlawfully, willfully and knowingly
combined, conspired, confederated and agreed together and with each
other to commit murder, to wit, the defendant, together with other
members of al Qaeda, an international terrorist organization,
conspired to kill American civilians and attack American
installations and facilities worldwide, in response to, and in
order to influence, the foreign policy of the government of the
United States, in the special maritime and territorial jurisdiction
of the United States, as that term is defined in title 18, United
States Code, Section 7(3).
3. In furtherance of the conspiracy and to effect the
object thereof, the defendant and others committed the following
overt acts, among others:
a. On or about August 2, 1998, MOHAMED SADEEK
ODEH, the defendant, together with other members of al Qaeda met in
Nairobi, Kenya.
b. On or about August 4, 1998, members of al
Qaeda, reconnoitered the Embassy.
c. On or about August 6, 1998, MOHAMED SADEEK
ODEH, the defendant, based on instructions from al Qaeda members,
left nairobi, kenya for pakistan under an assumed name.
[2]
d. On or about August 7, 1998, members of al Qaeda
detonated an improvised explosive device in the vicinity of the
United States Embassy compound, Nairobi, Kenya.
(Title 18, United States Code, Sections 7(3) and 1117.)
COUNT FOURTEEN:
CONSPIRACY TO USE OF WEAPONS OF MASS DESTRUCTION
4. From in or about 1992 through the date of the filing
of this Complaint, in Nairobi, Kenya and outside the jurisdiction
of any particular state or district, MOHAMED SADEEK ODEH, the
defendant, together with others known and unknown, unlawfully,
willfully, and knowingly, and without lawful authority, combined,
conspired, confederated and agreed together and with each other to
use and threaten to use, weapons of mass destruction, against
nationals of the United States, and against property that is owned,
leased, and used by the United States, to wit, the defendant,
together with other members of al Qaeda, an international terrorist
organization, conspired to use weapons of mass destruction to kill
American civilians and attack American installations and facilities
worldwide, in response to, and in order to influence, the foreign
policy of the government of the United States.
(Title 18, United States Code, Section 2332a.)
The bases for my knowledge and the foregoing charges are
as follows:
5. I have participated in the investigation of the
above-captioned matter, and have spoken with other individuals,
including federal agents, other law enforcement officials, and
other witnesses. When I rely on statements made by others, such
statements are related in part and substance unless otherwise
indicated. Moreover, because this affidavit is submitted for the
limited purpose of establishing probable cause supporting the
arrest of the defendant, I have not set forth each and every fact
learned during the course of this investigation.
6. During the course of my investigation, I have become
familiar with al Qaeda. I have learned from a variety of sources,
including: persons who have been associated with al Qaeda;
statements of the leader of al Qaeda, Usama Bin Laden; and
documentary evidence, that al Qaeda is an international terrorist
organization. The purposes of al Qaeda include, among other
things: (i) killing members of the American military stationed in
Saudi Arabia, Yemen, Somalia and elsewhere; and (ii) killing
American civilians worldwide, in response to, and in order to
influence, the foreign policy of the government of the United
States.
3
7. I have also become familiar with various
pronouncements and "fatwahs" issued by Bin Laden. For instance:
a. On or about August 23, 1996, Usama Bin Laden
signed and issued a Declaration of Jihad entitled "Message from
Usamah Bin-Muhammad Bin-Laden to his Muslim Brothers in the Whole
World and Especially in the Arabian peninsula: Declaration of Jihad
Against the Americans Occupying the Land of the Two Holy Mosques;
Expel the Heretics from the Arabian peninsula" from the Hindu Kush
mountains in Afghanistan. The Declaration included statements that
efforts should be pooled to kill Americans and encouraged other
persons to join the jihad against the American "enemy."
b. In or about February 1998, Usama Bin Laden
issued a joint declaration with the Islamic Group (also known as
"Gamaa't"). Al Jihad, the Jihad Movement in Bangladesh and the
"Jamaat ul Ulema e Pakistan" under the banner of the "World islamic
Front." which stated that Muslims should kill Americans --
including civilians -- anywhere in the world where they can be
found.
8. On August 7, 1998, at approximately 10:30 a.m. local
time, a massive explosion occurred in the vicinity of the United
States Embassy in Nairobi, Kenya, and Dar es Salaam, Tanzania.
To date, the casualties include: 258 persons killed, among them
were 12 United States nationals, in Nairobi; and at least 15
persons killed in Dar es Salaam. In addition, each Embassy
compound sustained extensive damage.
9. I have reviewed statements made by MOHAMED RASHED
DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," who has
stated in sum and substance that the bombing of the embassy in
Nairobi was planned and carried out by members of al Qaeda as part
of al Qaeda's overall terrorist mission.
10. On or about August 16, 1998, MOHAMED SADEEK ODEH
("ODEH"), the defendant, was taken into custody by Kenyan
authorities and subsequently was advised of his Miranda rights by
Agents of the FBI. The defendant waived his rights and agreed to
answer questions. Thereafter, the defendant admitted in substance
that he was an active member of al Qaeda, that he believed that the
Embassy bombings were carried out by al Qaeda, and that, as a
member of al Qaeda, ODEH accepted responsibility for the bombings.
Specifically, among other things, ODEH stated that:
a. He was trained in a number of camps affiliated
with al Qaeda, an international terrorist group, led by Usama Bin
Laden, dedicated to opposing non-Islamic governments with force and
violence. ODEH stated that at the camps he was trained in
explosives, and further, that his training in explosives was
extensive enough for him to have carried out the bombings of the
Embassies in Dar es Salaam and Nairobi.
4
b. In or about 1992, ODEH joined al Qaeda and
agreed to follow the orders of the emir (prince) of al Qaeda -- who
ODEH knew to be Usama Bin Laden -- 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, and has never left the
organization.
c. In or about 1993, as part of his duties with al
Qaeda, ODEH trained Islamic fighters in Somalia who were opposed to
the United Nations forces in Somalia.
d. In or about 1994, ODEH 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 top commanders of al Qaeda.
e. In Mombasa, Kenya, in or about 1996, an
individual associated with al Qaeda displayed TNT and detonators to
ODEH. The individual said that he had obtained this material in
Tanzania.
f. ODEH further stated that he was aware of the
fatwah -- or decree -- issued by Usama Bin Laden in 1996, which
declared war or jihad against the American military, as well as a
subsequent fatwah by Bin Laden, and interviews of Bin Laden by
journalists, in which Bin Laden made statements against America.
g. ODEH stated that on or about August 1, 1998, he
was advised that all members of a Qaeda had to leave Kenya by
Thursday, August 6, 1998.
h. ODEH further stated that, on or about August 2,
1998, he travelled to Nairobi, Kenya, where he met members and
associates of al Qaeda, including an individual known to ODEH as
the leader of the Kenya cell of al Qaeda. ODEH also knew this
individual to be an explosives expert. ODEH, who was using a false
passport, stayed with other al Qaeda members at the Hilltop
Hotel in Kenya.
i. ODEH stated that, while at the hotel, he was
provided by another a Qaeda member with a new pair of pants, and
a razor to shave with. ODEH stated that al Qaeda members often
shave before travelling so as not to attract the suspicions of
customs officials. ODEH further stated that, on or about August 5,
1998, in preparation to travel to meet Usama Bin Laden after August
6, 1998, ODEH used the razor to shave.
j. ODEH stated that he was told by other al Qaeda
members before leaving Kenya that the al Qaeda members in
Afghanistan were relocating in order to avoid retaliation from teh
United States. ODEH stated that it was his understanding that one
al Qaeda member was remaining in Kenya when the others left on
5
August 6, 1998.
k. ODEH also stated hypothetically that he would
consider doing a violent bombing against Americans in Saudi Arabia
or Tanzania if asked to do so by Usama Bin Laden, but claimed that
he would not participate in such an endeavor on Kenyan soil and had
not actually participated in the recent bombings.
l. ODEH also stated that the fellow al Qaeda
members with whom he was staying did not tell him what they were
doing, but that ODEH accepted responsibility for the bombings
because he was part of the group (al Qaeda) that did them.
11. During the course of his interview, ODEH also stated
that he had never been to Dar es Salaam, Tanzania, or anywhere else
in Tanzania. However, two witnesses who are familiar with ODEH
have advised Agents of the FBI that within the last year ODEH told
each of the confidential witnesses that ODEH had been to Dar es
Salaam for several months.
WHEREFORE, your deponent respectfully requests that an
arrest warrant be issued for the defendant MOHAMED SADEEK ODEH, and
that he be imprisoned or bailed as the case may be.
[Signature]
DANIEL J. COLEMAN
Special Agent,
Federal Bureau of Investigation
Sworn to before me this
26th day of August 1998
[S/Signature]
_______________________________
UNITED STATES MAGISTRATE JUDGE
[Stamp]
SHARIN E. GRUBIN
United States Magistrate Judge
Southern District of New York
6
[End FBI document.]
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