Libyan National Charged in 2012 Attack on U.S. Special Mission and Annex in #Benghazi

Posted: 2:22 am ET
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Media reports say that U.S. special forces have captured a militant who was allegedly involved in the 2012 deadly attack on the U.S. diplomatic compound and CIA annex in Benghazi, Libya.  The suspect has been identified as Mustafa al-Imam. An unnamed official told the AP that the suspect was captured in Misrata, on the north coast of Libya and was taken to a U.S. Navy ship at the Misrata port for transport to the United States.

Per DOJ announcement:

Mustafa al-Imam, a Libyan national approximately 46 years old, has been charged for his alleged participation in the Sept. 11, 2012, attack on the U.S. Special Mission and Annex in Benghazi, Libya, which resulted in the deaths of four Americans.

“The murder of four Americans in Benghazi on September 11, 2012 was a barbaric crime that shocked the American people. We will never forget those we lost – Tyrone Woods, Sean Smith, Glen Doherty and Ambassador Christopher Stevens – four brave Americans who gave their lives in service to our nation,” said Attorney General Jeff Sessions.  “We owe it to them and their families to bring their murderers to justice. Today the Department of Justice announces a major step forward in our ongoing investigation as Mustafa al-Imam is now in custody and will face justice in federal court for his role in the attack.  I am grateful to the FBI, our partners in the intelligence community and the Department of Defense who made this apprehension possible.  The United States will continue to investigate and identify all those who were involved in the attack – and we will hold them accountable for their crimes.”

“The apprehension of Mustafa al-Imam demonstrates our unwavering commitment to holding accountable all of those responsible for the murders of four brave Americans in a terrorist attack in Benghazi,” said U.S. Attorney Jessie K. Liu for the District of Columbia.  “Together with our law enforcement partners, we will do all that we can to pursue justice against those who commit terrorist acts against the United States, no matter how far we must go and how long it takes.”

Mustafa al-Imam is charged in a recently unsealed three-count criminal complaint.  The complaint, which was filed under seal on May 19, 2015, in the U.S. District Court for the District of Columbia, charges al-Imam with:

  • Killing a person in the course of an attack on a federal facility involving the use of a firearm and dangerous weapon and attempting and conspiring to do the same.
  • Providing, attempting and conspiring to provide material support to terrorists resulting in death.
  • Discharging, brandishing, using, carrying and possession of a firearm during and in relation to a crime of violence.Al-Imam is in U.S. custody, and upon his arrival to the U.S. he will be presented before a federal judge in Washington, D.C.

Read the full announcement here.

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Three Fraudsters Sentenced For @StateDept Exchange Visitor Program Scheme

Posted: 1:46 am ET
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Via USDOJ: Three Sentenced for Orchestrating a Nationwide Exchange Visitor Program Fraud Scheme

Acting United States Attorney Steve Butler of the Southern District of Alabama, U.S. Department of State Inspector General Steve A. Linick, and Homeland Security Special Agent in Charge Raymond R. Parmer, Jr. of the New Orleans Field Office announce that lead defendant David Marzano of Zephyr Cove, Nevada, has been sentenced to 26 months in federal prison.  His prison sentence will be followed by 3 years of supervised release.  Marzano was also ordered to pay restitution in the amount of $815,570.00.  Marzano’s co-defendants, Laura Blair also of Zephyr Cove and Janece Burke of Deerfield, Illinois, were each sentenced to 5 years of probation.   The court order Blair to pay $815,570.00, and Burke to pay $271,856.67 in restitution.

In 2002, David Marzano pled guilty in the U.S. District Court of the Northern District of Georgia to a conspiracy involving the unlawful smuggling of aliens.  The conviction stemmed from a staffing agency Marzano operated in the Atlanta area that utilized an illegal alien workforce.   For that offense, he was sentenced to 15 months in prison, followed by 3 years of supervised release.

After getting out of prison, Marzano began using the aliases “Paul Cohen” and “David Cole,” and started a series of new staffing agencies and shell companies based in Chicago, Illinois.  At the time of his arrest Marzano was the CEO of Bullseye Jobs and the former Director of the predecessor company, Hospitality & Catering Management Services.  Marzano’s adult daughter Janece Burke, a.k.a., “Paula Delaney,” “Paula Lawton,” “Jane Moore,” and “Danielle Young,” was the President of Bullseye, and Marzano’s wife Laura Blair, a.k.a., “Jean Cox,” was the company’s Marketing Director.  Together, and with the assistance of others, these defendants engaged in a massive, nationwide fraud scheme designed to unlawfully profit from U.S. Department of State Exchange Visitor Programs.

As was set out in the Indictment, in 1961, Congress passed the Mutual Educational and Cultural Exchange Act of 1961.  The purpose of the Act was to increase mutual understanding between people in the United States and people from other countries by means of educational and cultural exchanges that assist the U.S. Department of State in furthering the foreign policy objectives of the United States.

These educational and cultural exchanges are administered by the U.S. Department of State’s Exchange Visitor Program and governed by specific regulations set out in 22 C.F.R. Part 62.  Annually, more than 275,000 foreign nationals from all over the world enter the United States through one of the Exchange Visitor Programs.  These programs include the Summer Work & Travel Program (“SWT Program”) and the Intern & Training Program (“I/T Program”).

Unlike the SWT Program, the I/T Program is limited to training, and is not an employment program.  As such, regulations specifically prohibit employers from using I/T Program participants as substitutes for ordinary employment or work purposes.  Furthermore, staffing agencies are expressly prohibited from being involved in the I/T Program.

Since the defendants were operating several staffing agencies, the only way to get organizations to sponsor I/T Program participants of the defendants’ companies was to fraudulently misrepresent the true nature of their businesses.   This was primarily done via e-mail between the defendants — who operated under numerous aliases— and sponsor organizations.  In addition, the defendants created various shell companies with names that closely resembled well-known corporations.  One such shell company was Crowne Partnership Group, which, despite representations made by the defendants, had no association with Crowne Plaza Hotels.

As a result of their fraud scheme, more than 200 foreign nationals came to the United States believing that they would be part of the Department of State’s I/T Program.  As the Court heard from victims who testified at the hearing or who submitted victim impact letters, the thousands of dollars necessary to enroll in the program and travel to the United States was a major hardship for many of the foreign victims.  They believed the investment was worth it as the training received through the I/T Program would allow them to return to their home country with much better prospects for being hired as an upper-level executive in foreign-based U.S. companies.  However, rather than receiving the high-level managerial training they expected, the victims were pawned off as cheap foreign labor to restaurants, hotels, and theme parks.  The victims were also required to live in housing arranged by the defendants’ companies.  The businesses where the victims worked paid Marzano directly, but the victims only received a small portion of the wages they earned.

On May 12, 2015, David Marzano and Laura Blair were arrested at Tampa International Airport.  Janece Burke was arrested that same morning in Deerfield, Illinois.  Contemporaneous with the arrests, multiple search warrants were executed in Florida and Nevada.

On June 22, 2015, Janece Burke pled guilty to conspiring with Marzano and Blair to commit wire and mail fraud.  Thereafter, Burke began cooperating with the United States.  Laura Blair pled guilty to the conspiracy charge on April 4, 2016.  That same day, David Marzano pled guilty to the conspiracy charge, as well as a charge for substantive wire fraud, and began cooperating with the United States as well.  The extensive cooperation by both Burke and Marzano has led to various administrative and criminal actions related to other fraud schemes within the I/T Program and other State Department initiatives.

Acting United States Attorney Steve Butler lauded the extensive partnership between the Department of State Office of Inspector General and the Mobile Office of Homeland Security Investigations in shutting down this major fraud scheme.  “The defendants falsely and fraudulently misrepresented the nature of their businesses, which caused real harm to over two hundred victims across the world,” said Acting U.S. Attorney Butler.  “These were vulnerable victims who believed they were coming to the United States to receive high-level training, but who were unfortunately subject to a cruel bait-and-switch.  My office will continue to aggressively prosecute those who seek to defraud vulnerable victims.”

Inspector General Steve A. Linick commended the work of those involved in investigating the case from the Office of Inspector General for the U.S. Department of State. “We are proud to have played a key role in investigating and bringing to justice those who exploit U.S. Department of State programs, such as these, for personal gain.”

Homeland Security Investigations Special Agent in Charge Ray Parmer stated, “Mail and wire fraud can have a devastating impact on victims.  In this case, people expected to come to this country legally and get training and experience.  However, the greed of these three individuals turned trusting people into cheap foreign labor.  HSI will continue to work with our partner law enforcement agencies to ensure we bring those guilty of committing these crimes to justice.”  The New Orleans Field Office, run by Special Agent in Charge Parmer, is responsible for criminal investigations in Alabama, Arkansas, Louisiana, Mississippi, and Tennessee.

This matter was jointly investigated by the U.S. Department of State – Office of Inspector General and HSI-Mobile.  The case was prosecuted by Assistant U.S. Attorney Christopher J. Bodnar of the U.S. Attorney’s Office for the Southern District of Alabama.

 

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Diplomatic Security Help Return Fugitive Involved in Stealing Identities of Disabled Children

Posted: 2:05 am ET
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In June 2014, USDOJ indicted six people in an identity theft and tax fraud scheme in which the identities of disabled children and foster care children were stolen.  The indictment charges Ahmed Kamara, 38, and Ibrahim Kamara, 48, both of Yeadon, PA, Musa Turay, 41, and Foday Mansaray, 38, both of Darby, PA, Gebah Kamara, 46, of Sharon Hill, PA, and Dauda Koroma, 43, of Philadelphia, PA, with conspiracy, aiding and assisting in the preparation of false tax returns, wire fraud, aggravated identity theft, and filing false individual income tax returns.

Defendants Ahmed Kamara, Musa Turay, Ibrahim Kamara, Dauda Koroma, and Foday Mansaray worked as tax preparers at Medmans Financial Services, a tax preparation business located in South West Philadelphia. According to the indictment, Ahmed Kamara, Musa Turay, Ibrahim Kamara, Dauda Koroma, and Foday Mansaray defrauded the Internal Revenue Service by repeatedly falsifying information on tax returns. The indictment alleges that Gebah Kamara, then a social worker at Catholic Social Services, sold the defendant tax preparers the names and Social Security numbers of foster children for the purpose of creating fraudulent dependents on client tax returns. By including the false dependents, the tax preparers falsely claimed a number of credits and exemptions for their clients, which generated large fraudulent refunds, some in excess of $9,000. The tax preparer defendants charged clients up to $800 to fraudulently add a dependent on their income tax return.

If convicted, each of the defendants faces a mandatory two year prison term for aggravated identity theft consecutive to the following maximum possible sentences: Ahmed Kamara – 55 years in prison, three years of supervised release, a $1.75 million fine, and a $1,300 special assessment; Musa Turay – 61 years in prison, three years of supervised release, a $1.95 million fine, and a $1,500 special assessment; Gebah Kamara – 43 years in prison, three years of supervised release, a $1.35 million fine, and a $900 special assessment; Ibrahim Kamara – 52 years in prison, three years of supervised release, a $1.65 million fine, and a $1,200 special assessment; Dauda Koroma – 52 years in prison, three years of supervised release, a $1.65 million fine, and a $1,200 special assessment; Foday Mansaray – 43 years in prison, three years of supervised release, a $1.35 million fine, and a $900 special assessment.

Musa Turay, a U.S. citizen who was born in Freetown, Sierra Leone was one of those charged in 2014.  Diplomatic Security’s Criminal Investigative Liaison tracked Turay to Sierra Leone and alerted Sean Nedd, the Regional Security Officer (RSO) at the U.S. Embassy in Freetown. Below via State/DS:

Freetown, Sierra Leone, did not turn out to be a refuge for Musa Benson Turay. Turay, a U.S. citizen, fled to his place of birth, Freetown, after the United States indicted him in June 2014 for participating in a $43 million tax fraud scheme that involved stealing identities of disabled children and youth in foster care.

But Turay could not escape DSS’ global reach. The DSS Criminal Investigative Liaison branch tracked Turay to Sierra Leone and alerted Sean Nedd, the Regional Security Officer (RSO) at the U.S. Embassy in Freetown, that Turay was using a local cell phone number. Nedd notified the local police, who put a trace on the phone, allowing Sierra Leonean investigators to identify Turay’s general vicinity. Using an online ruse, the officials pinpointed his exact location.

On November 3, 2016, local law enforcement officials arrested Turay, and detained him while the U.S. Department of Justice (DOJ) filed a formal extradition request. Turay fought hard against the request, but lost his appeal on March 9, 2017. The U.S. Marshals, who typically escort fugitives back to the United States, were unable to send deputies to Sierra Leone due to logistical obstacles.

Nedd stepped in to complete the mission. He coordinated with local police, DOJ, U.S. Marshals, Brussels Airlines, and DSS colleagues posted at U.S. embassies in Accra, Ghana, and Brussels, Belgium, to complete the fugitive transfer. Nedd, U.S. Embassy Freetown Assistant RSO Noran Tealakh, and Assistant RSO from Embassy Accra Justin Garofalo boarded the plane and escorted Turay to Brussels. They met the U.S. Marshals in Brussels and transferred Turay to their custody March 21, 2017.

Turay currently awaits trial in the United States for his original tax fraud charge.

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Click here to view the indictment | An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

 

Operation Island Express II Nets Two Document Suppliers in Puerto Rican Identity Trafficking Scheme

Posted: 1:14 am ET
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On March 14, 2017, USDOJ announced that two identity document suppliers were sentenced to prison for their role in trafficking the identities of Puerto Rican U.S. citizens and corresponding identity documents:

Francisco Matos-Beltre, 43, a Dominican national who became a U.S. citizen in 2013, formerly of Philadelphia, was sentenced to serve 51 months in prison and three years’ supervised release. Isaias Beltre-Matos, 46, a Dominican national and legal permanent resident formerly of Providence, Rhode Island, was sentenced to serve 51 months in prison and three years’ supervised release. Both defendants were sentenced before U.S. District Judge Juan M. Perez-Gimenez of the District of Puerto Rico. Beltre-Matos pleaded guilty on Aug. 10, 2016, to conspiracy to commit identification fraud and commit human smuggling for financial gain. Matos-Beltre pleaded guilty on Sept. 14, 2016, to conspiracy to commit identification fraud and commit human smuggling for financial gain.

According to admissions made in connection with the pleas, identity document runners located in the Savarona area of Caguas, Puerto Rico, obtained Puerto Rican identities and corresponding identity documents. Other conspirators, identified as identity document suppliers and brokers, located in various cities throughout the United States allegedly solicited customers for the sale of social security cards and corresponding Puerto Rico birth certificates for prices ranging from $400 to $1,200 per set. The defendants also admitted that the conspirators used the U.S. mail to complete their illicit transactions.

According to the pleas, Beltre-Matos admitted that he sold identity documents to customers, who generally obtained the identity documents to assume the identity of Puerto Rican U.S. citizens and to obtain additional identification documents, such as legitimate state driver’s licenses. Some customers obtained the documents to commit financial fraud and attempted to obtain a U.S. passport, according to the plea agreement. Matos-Beltre also admitted to being a document supplier and that he bought and transferred identity documents belonging to real people to document brokers. Matos-Beltre admitted that he knew his customers would fraudulently use the documents that he provided.

Diplomatic Security special agents record evidence seized during a training exercise to execute a search warrant in suburban Washington, D.C., July 21, 2009. U.S. Department of State Photo.

USDOJ also announced the contact info for potential victims:

Potential victims and the public may obtain information about the case at: www.justice.gov/criminal/vns/caseup/beltrerj.html. Anyone who believes their identity may have been compromised in relation to this investigation may contact the ICE toll-free hotline at 1-866-DHS-2ICE (1-866-347-2423) and its online tip form at www.ice.gov/tipline. Anyone who may have information about particular crimes in this case should also report it to the ICE tip line or website.

Anyone who believes that they have been a victim of identity theft, or wants information about preventing identity theft, may obtain helpful information and complaint forms on various government websites including the Federal Trade Commission ID Theft Website, www.ftc.gov/idtheft. Additional resources regarding identity theft can be found at www.ojp.usdoj.gov/ovc/pubs/ID_theft/idtheft.htmlwww.ssa.gov/pubs/10064.htmlwww.fbi.gov/about-us/investigate/cyber/identity_theft; and www.irs.gov/privacy/article/0,,id=186436,00.html.

USDOJ credits the Chicago offices of ICE-HSI, USPIS, DSS and IRS-CI for leading the investigation, dubbed Operation Island Express II.  Also cited are HSI San Juan and the DSS Resident Office in Puerto Rico, the HSI Assistant Attaché office in the Dominican Republic and International Organized Crime Intelligence and Operations Center (IOC-2).  Trial Attorneys Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Frank Rangoussis of the Criminal Division’s Human Rights and Special Prosecutions Section prosecuted the case, and the U.S. Attorney’s Office of the District of Puerto Rico was cited for providing assistance.

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CCTV and Starbucks Receipt Help Identify Zia Zafar in Attempted Murder of U.S. Diplomat in Mexico

Posted: 2:44 am ET
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Via USDOJ | january 10, 2016 | Zafar Photos

Zia Zafar, 31, of Chino Hills, California, made his initial appearance here today after being charged with the attempted murder of a diplomat stationed at the U.S. Consulate in Guadalajara, Mexico.

According to the criminal complaint, on January 6, Zafar disguised himself and followed a Vice Consul of the U.S. Consulate in Guadalajara through a parking garage to his vehicle. After the Vice Consul got into his car and drove towards the garage exit, Zafar allegedly shot him once in the chest and fled. The Vice Consul was taken to a local hospital, where he currently remains. Zafar was subsequently detained by Mexican authorities.

Zafar was deported from Mexico yesterday afternoon and arrived in the United States last night. He was immediately arrested and charged with attempted murder of an internationally protected person. Zafar faces a maximum penalty of 20 years in prison if convicted. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

The Department of Justice gratefully acknowledges the government of Mexico, to include the Secretaría de Relaciones Exteriores, Procuraduria General de la Republica, Fiscalia del Estado de Jalisco and Instituto Nacional de Migracion for their extraordinary efforts, support and professionalism in responding to this incident.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Leslie R. Caldwell, Assistant Attorney General of the Justice Department’s Criminal Division; George L. Piro, Special Agent in Charge of the FBI’s Miami Field Office; and Bill A. Miller, Director of the U.S. Department of State’s Diplomatic Security Service (DSS), made the announcement after Zafar’s initial appearance before U.S. Magistrate Judge John F. Anderson. The case is being prosecuted by Assistant U.S. Attorney William M. Sloan, and Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section.

The FBI and DSS are investigating the case in close cooperation with Mexican authorities and with assistance from the Justice Department’s Office of International Affairs, DEA and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

The Justice Department notes that the charges in the criminal complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Screen Shot

Zafar was charged with the attempted murder of Christopher Ashcraft, an “internationally protected person outside the United States, in violation of Title 18, United States Code, Section 1116(a)”.  Court records  indicate that Zafar is represented by Whitney E.C. Minter of the Office of the Federal Public Defender (Alexandria, VA).

Below is an excerpt from the affidavit executed by David J. DiMarco, Special Agent of the Federal Bureau of Investigation (FBI) in support of criminal complaint application and arrest warrant in this case:

Probable Cause and Details of the Investigation

8. On or about January 6, 2017, Christopher Ashcraft visited a gym adjacent to a shopping center located at Avenida Vallarta #3300 in Guadalajara, Mexico. At approximately 6:19 p.m., an individual later identified as the Defendant, ZIA ZAFAR, shot Ashcraft with a pistol as Ashcraft was leaving the gym parking lot in his personal vehicle. The round struck Ashcraft in the chest. Ashcraft was taken to a local hospital for medical treatment, where he currently remains.

9. Special Agents with the FBI interviewed Ashcraft at the hospital. During the interview, Ashcraft stated that when he exited the gym, he noticed the individual later identified as ZAFAR, who was wearing blue scrubs, white shoes, and what appeared to be a wig. Based upon ZAFAR’s behavior, Ashcraft felt as though ZAFAR was waiting for him. Ashcraft walked to a payment terminal to pay for his parking. When Ashcraft turned to walk towards his vehicle, he saw that ZAFAR was following him. Ashcraft felt threatened and walked to a populated area of the parking garage. Once ZAFAR was no longer following him, Ashcraft got into his vehicle and drove towards the garage exit. Ashcraft was shot once in the chest while exiting the garage.

10. Surveillance video from the shopping center and parking garage was obtained by Mexican law enforcement. The video shows a male (later identified as ZAFAR) wearing what appears to be a wig, sunglasses, blue scrubs, and white shoes. ZAFAR appears to be following Ashcraft as Ashcrafl exits the gym and pays for his parking at approximately 6:16 p.m. The video then shows ZAFAR following Ashcraft for approximately three seconds. As Ashcraft walks to a different area of the garage, the video shows ZAFAR walking up an incoming vehicle ramp at 6:17 p.m. Approximately one minute later, ZAFAR is seen at the top of the exit vehicle ramp, pacing back and forth with his right hand in his pocket. At approximately 6:19 p.m., Ashcraft’s vehicle pulls up to the garage exit. The video shows ZAFAR taking aim with a pistol and firing into the windshield. The video then shows ZAFAR fleeing the scene.

Identification of ZIA ZAFAR

1 1. On or about January 7, 2017, Mexican law enforcement obtained surveillance video from a nearby Starbucks located at Avenida Vallarta #3300, Guadalajara, Mexico. The Starbucks video, dated January 6, 2017, shows an individual matching the description of the above-referenced shooter. Mexican law enforcement obtained a Starbucks receipt dated January 6, 2017, 5:19 p.m. for a purchase totaling 58 Mexican Pesos, paid, by credit card, and signed by the purchaser bearing the name Zafar/Zia.

12. A search of a Mexican Immigration database revealed that ZAFAR, who entered Mexico on a student visa, was born on REDACTED 1985, and holds a U.S. Passport bearing the number REDACTED. A search of Department of Motor Vehicles (DMV) records from California revealed that ZIA ZAFAR, born on REDACTED 1985, holds a California driver’s license bearing the number REDACTED. The records obtained from the Califomia DMV include a signature which bears remarkable similarity to the signature on the aforementioned Starbucks receipt.

13. Mexican Immigration records revealed that ZAFAR reported his local residence in Mexico as in Guadalajara, Mexico. Mexican law enforcement conducted surveillance at the residence on January 7, 2017, at approximately 8:14 p.m. and noted the presence of a Honda Civic with California license plate number 4RZH452. A subsequent check of California DMV records revealed the car was registered to ZAFAR.

14. Mexican law enforcement subsequently detained ZAFAR inside the above-listed residence.

15. Mexican law enforcement searched the residence and recovered a pistol and several forms of identification bearing the name ZIA ZAFAR. A pair of sunglasses and a wig similar to the ones seen in the surveillance video were also recovered fiom the residence.

The court has ordered Zafar’s detention pending trial. In addition to safety of the community, other reasons cited for the detention includes “lack of significant community or family ties to this district”, “significant family or other ties outside the United States”, “history of violence or use weapon”, and “background information unknown or unverified.”

 

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Former DCM’s Spouse Labib Chammas Gets 30 Months in Prison For Sexual Abuse of Household Staff Member

Posted: 12:41 pm ET
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Last October, we posted about the Justice Department’s case against Labib Chammasthe husband of the former DCM at the US Embassy in Rabat, Morocco who pleaded guilty to abusing a member of the household staff who had worked at the embassy residence for 16 years (see Anonymous Letter Outs Sexual Abuse of Household Staff, Former DCM’s Husband Pleads Guilty).

Today, the Justice Department announced that Labib Chammas was sentenced to 30 months in prison for sexually abusing a household staff member

The husband of the former Deputy Chief of Mission in Rabat, Morocco, was sentenced today to 30 months in prison for sexually abusing a former household staff member from 2010 to 2013.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia and Director Bill A. Miller of the U.S. Department of State’s Diplomatic Security Service (DSS) made the announcement.

Labib Chammas, 65, of McLean, Virginia, pleaded guilty on Oct. 12, 2016, to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia.  Judge Cooper also sentenced Chammas to a five-year term of supervised release and ordered him to pay a $15,000 fine.  Chammas is required to register as a sex offender for a period of 15 years.

In pleading guilty, Chammas admitted that between August 2010 and February 2013, while living in State Department-owned housing in Rabat, he sexually abused a woman who had worked at the residence for 16 years.  According to the plea agreement, Chammas supervised the staff at the residence and repeatedly threatened to fire staff members.  Out of fear that she would lose her job, the victim complied with Chammas’s requests that she massage his legs, hip and back, and then with his subsequent demands that she “massage” his genitalia.  On at least five occasions, Chammas took the victim by her head or hair and attempted to force her to perform oral sex.

DSS’s Office of Special Investigations investigated the case.  Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck of the Criminal Division’s Human Rights and Special Prosecutions Section prosecuted the case.

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This case was investigated on February 13. 2013 by DS/OSI agents in Morocco but the individual was not charged and no arrest warrant was issued until May 13, 2016. We’ve previously asked USDOJ about the 3-year gap between the investigation and the filing of charges. At that time, DOJ declined to comment because the case was ongoing. So, we’ll try one more time to request information about the gap in the investigation/filing of charges and will update this when info is available.

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Administrative Leave: A Prerogative to Meet the Needs of the Service, Not/Not an Entitlement

Posted: 12:37  pm RT
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Unlike the MSPB, the Foreign Service Grievance Board does not identify its precedential decisions but the case below on administrative leave is worth noting whether this is precedent setting or not. In this case, FSGB says that administrative leave is 1) not an entitlement, 2) that it is a prerogative administered by management to meet the needs of the Service, 3) and that Department was not obligated to provide grievant with an explanation for its decision to deny admin leave.

Via FSGB:

Grievant is a Diplomatic Security Service Special Agent who became involved in an altercation with a local civilian while off duty during a temporary duty (TDY) assignment in Honolulu. This incident resulted in the discharge of his service weapon and the death of the civilian. The State of Hawaii brought criminal charges against grievant, and the Department of Justice (DOJ) declined to represent him, finding that the incident was not the consequence of an official act or performance of his official duties.

For unspecified reasons, the Department placed grievant on administrative leave twice: first, in the aftermath of the shooting, when he was under judicial order not to leave Honolulu, and second, during the pendency of his first trial in 2013 (which resulted in a hung jury). Facing a second trial in 2014, grievant asked the Department to place him on administrative leave again. The Department ultimately denied this latter request and upheld its decision in an agency-level grievance.

Grievant acknowledged that under regulation (3 FAM 3464) the Department has discretionary authority to grant or deny administrative leave. He argued that although the Department is not compelled to grant his request, the weight of both equity and precedent suggest that it should do so. He asserted that the circumstances under which the Department earlier took the initiative to place him on administrative leave are substantially the same as those for which he later requested administrative leave (i.e., for his second trial) and arise from the same incident. He contended that if the Department is to “change” its decision regarding whether to grant him administrative leave, it must provide him an explanation of why it did so.

As the instant appeal does not concern discipline, grievant bears the burden of demonstrating that his grievance is meritorious. We found that grievant had failed to demonstrate that the Department had any obligation to approve his request for administrative leave or that it had violated any law or regulation in not doing so. Finally, we found that the facts of this case do not establish that the Department “changed” its decision; rather, the various decisions it made regarding whether to place grievant on administrative leave were separate, independent decisions. The Board concluded that the Department was not obligated to provide grievant with an explanation for its decision to deny AL. The appeal was denied in its entirety.

Read in full below:

 

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FBI to Veteran Diplomat Robin Raphel: “Do you know any foreigners?” #criminalizingdiplomacy

Posted: 1:29  pm ET
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We’ve posted previously about Ambassador Robin Raphel in this blog. See Case Against Veteran Diplomat Robin Raphel Ends Without Charges, Who’s Gonna Say Sorry?. Also below:

Today, the Wall Street Journal runs an extensive account of what happened and why this case is a concerning one for American diplomats:

The NSA regularly swept up Pakistani communications “to, from or about” senior U.S. officials working in the country. Some American officials would appear in Pakistani intercepts as often as once a week. What Raphel didn’t realize was that her desire to engage with foreign officials, the very skill set her supervisors encouraged, had put a target on her back.

The FBI didn’t have a clear picture of where Raphel fit on the State Department organizational chart. She was a political adviser with the rank of ambassador but she wasn’t a key policy maker anymore. She seemed to have informal contacts with everyone who mattered in Islamabad—more, even, than the sitting ambassador and the CIA station chief.

[…]
State Department officials said that when they spoke to the FBI agents, they had the feeling they were explaining the basics of how diplomats worked.

At times, Raphel’s colleagues pushed back—warning the FBI that their investigation risked “criminalizing diplomacy,” according to a former official who was briefed on the interviews.

In one interview, the agents asked James Dobbins, who served as SRAP from 2013 to 2014, whether it was OK for Raphel to talk to a Pakistani source about information that wasn’t restricted at the time, but would later be deemed classified.

“If somebody tells you something in one conversation, you might write that up and it becomes classified,” he said. “But that doesn’t mean the next time you see them that you can’t talk about what you’d already talked about.”

[…]

Over the past two years, diplomats in Pakistan and the U.S. have scaled back contacts, according to officials in both countries. U.S. diplomats say they are afraid of what the NSA and the FBI might hear about them.

“What happened to Raphel could happen to any of us,” said Ryan Crocker, one of the State Department’s most highly decorated career ambassadors. Given the empowerment of law enforcement after 9/11 and the U.S.’s growing reliance on signals intelligence in place of diplomatic reporting, he said, “we will know less and we will be less secure.”

“Look what happened to the one person who was out talking to people,” said Dan Feldman, Raphel’s former boss at State. “Does that not become a cautionary tale?”

[…]

Diplomatic Security had yet to restore her security clearance. Some of her friends at the State Department said they believed the FBI opposed the idea.

Kerry and Raphel stood close together for only a couple of minutes. On the sidelines of the noisy gathering, Kerry leaned over and whispered into Raphel’s ear: “I am sorry about what has happened to you.”

Read in full below:

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Anonymous Letter Outs Sexual Abuse of Household Staff, Former DCM’s Husband Pleads Guilty

Posted: 3:18 am ET
Update: 5:08 pm ET
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On October 12, the Justice Department announced that Labib Chammasthe husband of the former DCM at the US Embassy in Rabat, Morocco pleaded guilty to abusing a member of the household staff who had worked at the embassy residence for 16 years. He is set for sentencing on January 4, 2017:

Via USDOJ: Husband of Former U.S. Embassy Official in Morocco Pleads Guilty to Sexually Abusing Household Staff Member |  October 12, 2016

The husband of the former Deputy Chief of Mission in Rabat, Morocco, pleaded guilty today to sexually abusing a former household staff member from 2010 to 2013.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia and Director Bill A. Miller of the U.S. Department of State’s Diplomatic Security Service (DSS) made the announcement.

Labib Chammas, 65, of Reston, Virginia, pleaded guilty to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia.  Sentencing was set for Jan. 4, 2017.

In pleading guilty, Chammas admitted that between August 2010 and February 2013, while living in State Department-owned housing in Rabat, he sexually abused a woman who had worked at the residence for 16 years.  According to the plea agreement, Chammas supervised the staff at the residence and repeatedly threatened to fire staff members.  Out of fear that she would lose her job, the victim complied with Chammas’s requests that she massage his legs, hip and back, and then with his subsequent demands that she “massage” his genitalia.  On at least five occasions, Chammas took the victim by her head or hair and attempted to force her to perform oral sex.

DSS investigated the case.  Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck and Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case.

The original announcement is available to read here.

Affidavit in Support of Criminal Complaint

According to the May 13, 2016 Affidavit executed by DSS Agent Elizabeth Marmesh, her investigation “determined that between the dates of August 2010, and February 2013, Labib Chammas, a United States citizen, sexually assaulted a female member of his domestic staff within the confines and on the grounds of his U.S. Government-provided embassy residence in Rabat, Morocco. Chammas was married to the Deputy Chief of Mission (“DCM”) of U.S. Embassy Rabat, and resided in U.S. Govemment housing at “Villa Monterey” located at Angle Rue Memissa. No. 79, La Pinede, Rabat, Morocco (“DCM Residence”).”

The Affidavit cites SMTJ for this offense:  Title 18, United States Code, Section 7(9)(B), provides that. with respect to offenses committed by or against a national of the United States, the “Special Maritime and Territorial Jurisdiction of the United States” includes residences in foreign States and the land appurtenant or ancillary thereto, inespective of ownership. used for purposes of United States diplomatic, consular, military, or other United States Govemment missions or entities in foreign States, or used by United States personnel assigned to those missions or entities.

Anonymous letter to OIG outs sexual abuse. We’ve extracted the following main details from the Affidavit. The court document contains much more graphic descriptions of the abuse:

On February 11. 2013, DS/OSI received a referral from the U.S. Department of State’s Office of the lnspector General (OIG). ln the referral, OIG personnel informed OSI that during a routine inspection of the U.S. Embassy in Rabat, the OIG inspection team received an anonymous letter alleging that Labib Chammas, husband of the DCM was sexually assaulting a member of his domestic staff.

On February 11.2013, DS/OSI deployed Special Agents (SAs) to Rabat. DS Agents interviewed Kenneth Hillas, Deputy Team Leader of the OIG inspection team. Hillas stated that he was visiting the U.S. Embassy Rabat. Morocco in order to conduct an OIG inspection of the Embassy. Hillas stated that on Friday, February 8,2012, the OIG staff discovered an envelope addressed to “OIG eyes only” in a pile of letters containing surveys fiom Embassy employees in reference to their inspection. Hillas stated that the envelope contained an anonymous typed letter containing allegations against Labib Chammas of sexual assault. Upon discovering the allegations, Hillas notified the Regional Security office (RSO) at U.S. Embassy Rabat and OSI. Hillas provided RSO with the original letter. Hillas stated that the anonymous letter alleged that Labib Chammas was sexually assaulting one of his domestic staff. Hillas stated that the domestic staff members were not interviewed as part of the OIG’s inspection, as they were not U.S. Government employees.

Interviews and evidence collection

The victim was subsequently interviewed on several occasions by federal law enforcement agents, with the assistance of an interpreter. During the course of subsequent interviews, Victim I elaboraled on the details of the ongoing sexual abuse to which Labib Chammas subjected her to between August 2010 and February 2013.

On February 13. 2013, DS Agents conducted a voluntary interview of Labib Chammas. Labib Chammas stated that he had threatened to call the police on his domestic staff or fire the domestic staff because he believed they were stealing from him. Labib Chammas stated that he had received back and leg massages from two staff members, a male employee, witness 2, and the victim, viclim l, because he would get pain in his hip due to a medical issue. DS Agents asked Labib Chammas if the massages ever involved sexual acts, to which Chammas stated “l don’t recall.” and that it might have happened.

In light of the disclosures of Victim l, on February 19, 2013, DS Agents obtained a search warrant for the DCM’s Residence to obtain possible biological evidence. On February 20,2013. a DS agent and a RSO entered the DCM’s Residence in order to execute the search and seizure warrant.

DS Agents photographed the residence and “TV room” prior to any search. DS Agents conducted an inspection of the “TV room” with an altemative light source (ultraviolet light) and discovered possible biological evidence on two couch cushions, the front couch skirt, and locations on the carpet in front of the couch. DS Agents photographed and seized the two couch cushion covers and swabbed the other surfaces.

The FBI DNA Laboratory, Nuclear DNA Unit, conducted serological and DNA testing on the items seized in the execution of the search warrant. Semen was identifled on the swab from front right skirt of couch from the “TV room.” DNA testing confirmed that Labib Chammas was the source of the DNA obtained from the semen stain on the front right skirt of the couch. Based on a statistical probability calculation in which probability of selecting an unrelated individual at random having a matching profile to the DNA obtained was equal to or less than 1 in 6 trillion individuals.

An Arrest Warrant for Labib Chammas was issued by the U.S. District of the District of Columbia on May 13, 2016. In his State of Offense filed in court on October 12, 2016, we learned a few more details:

When the defendant and his wife moved into the DCM Residence in or about August 2010, three household employees were employed there. The defendant and his wife maintained the employ of each of these household staff members during their tenure at the DCM Residence from August 2010 until February 2013. Each of the employees was a Moroccan national who had worked at the DCM Residence and for the Embassy for well over a decade and throughout the tenure of at least the five prior DCM administrations. The defendant took on responsibility for overseeing the day—to-day work of these employees. According to the employees, the defendant was an abusive head—of—household, frequently yelling at the employees, demeaning them, and telling them that they would be fired for failing to live up to his expectations. The employees lived in constant fear that they would lose their jobs.

Among the household staff overseen by the defendant at the DCM Residence was a female cook (hereafter the “victim”), who had worked at the DCM Residence for 16 years by the time the defendant moved into the DCM Residence. The victim, an unmarried Muslim woman, was 53 years old at the time, had a third grade education, and was the sole source of support for her entire family including her elderly parents and several of her siblings and their children, who all lived together in a single residence in Rabat.

The victim did not disclose the above abuse out of fear of losing her job. The above conduct was reported by anonymous letter and came under investigation as a result.

It looks like the DCM’s tenure in Morocco concluded during this investigation in February 2013 but the affidavit and arrest warrant did not happen until May 2016.

Anybody know why there is such a lengthy gap between the investigation conducted in 2013 and filing the case in 2016?

Also a reminder to folks that we’re still searching for the guidance cables on sexual assault reporting for the FS as they are not on the FAM.

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USDOJ Drops US Embassy Yemen Passport Revocation Case Sans Explanation

Posted: 2:16 am ET
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On October 13, 2015, the U.S. District Court of the Northern District of California ordered the State Department to return the U.S. passport of Yemeni-American Mosed Shaye Omar which was revoked “based on the involuntary statement he provided at the U.S. Embassy in Sana’a on January 23, 2013.” (See Court orders @StateDept to return Yemeni-American’s improperly revoked U.S.passport). In February 2016, the U.S. District Court of the Northern District of California issued a cross motions for summary judgment: “This lawsuit presents the question of whether the United States government may revoke a United States citizen’s passport based solely on a purported “confession” that the citizen did not write, dictate, read, or have read to him, but did in fact sign. On the record before the Court, the answer is no.” (see more Omar v. Kerry, et.al: Passport Revocation “Arbitrary and Capricious,” New Hearing Ordered Within 60 Days).

On October 5, 2016, the United States Attorney for the Northern District of California asked to drop the case “without prejudice.”  We’re wondering how many more of these revocation cases would mow be dropped and sealed in court.

Via Politico:

Federal prosecutors — acting abruptly and without public explanation — have moved to drop a controversial criminal passport fraud case that critics alleged stemmed from coercive interrogations at the U.S. embassy in Yemen.

Earlier this year, a grand jury in San Francisco indicted Mosed Omar on passport fraud charges linked to a statement he signed during a 2012 visit to the U.S. diplomatic post in the unstable Middle Eastern nation.
[…]

Thursday afternoon, prosecutors submitted a brief court filing asking to drop the criminal case “without prejudice,” meaning it could be refiled. U.S. District Court Judge Charles Breyer will need to approve the dismissal of the case.

Spokesmen for the U.S. Attorney’s Office in San Francisco did not respond to messages seeking an explanation for the sudden move.
[…]
In response to a query Thursday from POLITICO, a spokesman for State Inspector General Steve Linick confirmed that an inquiry is underway into the allegations about improper passport revocations

“In June 2016, State OIG’s Office of Evaluations and Special Projects initiated a review of the Department’s processes of passport confiscations and revocations at the US Embassy Sanaa, Yemen,” spokesman Doug Welty said. He offered no additional details on the review.

If the case against Omar went forward, prosecutors might have been obligated to turn over to the defense some or all records of the IG review. That prospect may have contributed to the proposed dismissal, but there was no direct indication.

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