The Giant Halkbank Octopus: New Episodes Coming Soon!

 

From our old post in 2017: Erdogan Rages Against the U.S. Ambassador to Ankara — What’s That About?

On March 19, 2016, Reza Zarrab an Iranian-Turkish citizen was arrested for allegedly engaging in hundreds of millions of dollars of transactions on behalf of the Government of Iran and Iranian entities as part of a scheme to evade U.S. sanctions (Download u.s._v._zarab_et_al_indictment.pdf).

On March 28, 2017, Mehmet Hakan Atilla, a Turkish banker was also arrested and charged for alleged conspiracies to violate the IEEPA and to commit bank fraud (Download US v. Mehmet Hakan Atilla complaint.pdf).

On September 6, 2017 DOJ announced the Superseding Indictment alleging that nine defendants (including a former Turkish Minister of the Economy (currently serving in Turkish Parliament), and a former General Manager Of Turkish Government-Owned Bank), “conspired to lie to U.S. Government officials about international financial transactions for the Government of Iran and used the U.S. financial system to launder bribes paid to conceal the scheme.”

In November 2017, NBC News also reported that Zarrab began cooperating with federal prosecutors in a money-laundering case.
According to avhal, the Turkish banker, Hakan Atilla served 32 months in prison in the United States for helping Iran evade U.S. sanctions, and was released on July 19 this year. On October 21, 2019, Turkey’s Finance and Treasury Minister Berat Albayrak (and Erdogan’s son-in-law) announced that the former Halkbank director has been appointed as the director general of Borsa Istanbul, Turkey’s main stock exchange.
On October 15, USDOJ announced that TÜRKİYE HALK BANKASI A.S., a/k/a “Halkbank,” was charged in a six-count Indictment with fraud, money laundering, and sanctions offenses related to the bank’s participation in a multibillion-dollar scheme to evade U.S. sanctions on Iran.
On October 24, Senator Ron Wyden of Oregon announced that he is launching an investigation into the Halkbank scandal.
Courthouse News Service Adam Klasfeld who has covered this case extensively notes in his October 22 report that “Turkey continued to hold three U.S. consulate workers in captivity with relative silence from the White House, and Halkbank kept an indictment at bay for more than two years, even after its ex-general manager Suleyman Aslan and executive Atilla had been charged with the multibillion-dollar conspiracy.”
Back in 2017, we thought this thriller which started out actually in 2013  (see the New Yorker’s Dexter Filkins piece, A Mysterious Case Involving Turkey, Iran, and Rudy Giuliani) — with a cargo plane from Accra, Ghana, which was diverted to Istanbul’s main international airport, because of fog, and three thousand pounds of gold bars — was going to unravel under the glare of sunlight, but here we are in 2019.  So now we wait for the next episodes.

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@StateDept Contracting Officer Zaldy N. Sabino Convicted of Bribery and Procurement Fraud

 

This is a follow-up to our post on April 16, 2019 @StateDept Contracting Officer Faces 17-Count Indictment For Bribery and Procurement Fraud.  On October 4, 2019, the Justice Department announced the conviction of State Department Contracting officer Zaldy N. Zabino of  13 counts of conspiracy, bribery, honest services wire fraud and making false statements.

State Department Contracting Officer Convicted of Bribery and Procurement Fraud

A contracting officer with the U.S. Department of State was convicted today of conspiracy, bribery, honest services wire fraud and making false statements.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Special Agent in Charge Marc Meyer of the U.S. Department of State Office of Inspector General and Assistant Director in Charge Timothy R. Slater of the FBI’s Washington Field Office made the announcement.

Zaldy N. Sabino, 60, of Fort Washington, Maryland, was convicted of 13 counts of conspiracy, bribery, honest services wire fraud and making false statements.  Sentencing has been set for Feb. 14, 2020.

Sabino was indicted in April 2019.  According to the indictment, between November 2012 and early 2017, Sabino and the owner of a Turkish construction firm allegedly engaged in a bribery and procurement fraud scheme in which Sabino received at least $239,300 in cash payments from the Turkish owner while Sabino supervised multi-million dollar construction contracts awarded to the Turkish owner’s business partners and while Sabino made over a half million dollars in structured cash deposits into his personal bank accounts.  Sabino allegedly concealed his unlawful relationship by, among other things, making false statements on financial disclosure forms and during his background reinvestigation.

The Department of State’s Office of Inspector General, led by Steve A. Linick, and the FBI’s Washington Field Office investigated the case.  Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Jack Hanly of the Eastern District of Virginia prosecuted the case.

An indictment is merely an allegation.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Ex-Diplomat William Patrick Syring Gets 60 Months in Prison For Hate Crime

 

We’ve posted previously about William Patrick Syring, a former foreign service officer who was indicted for hate crime and threatening employees of the Arab American Institute (AAI) on February 21, 2018.  Syring was previously charged in 2006 for similar threats in four emails and three voicemails. He retired from the State Department in July 2007 and he pled guilty to that previous case in June 2008. He was sentenced on federal civil rights charges for threatening employees of the Arab American Institute (AAI) because of their race and national origin. Syring was sentenced to two concurrent sentences of 12 months of imprisonment followed by 3 years of post-release supervision, 100 hours of community service and was ordered to pay a $10,000 fine. He reportedly was released from prison early in January 2009.
In February 2018, he was again  indicted for hate crime and threatening employees of the Arab American Institute.
On August 15, USDOJ announced that Syring was sentenced to 60 months in prison for committing hate crime by threatening employees of the Arab American Institute.  He will be in prison until 2024.

Via DOJ: Virginia Man Sentenced To 60 Months In Prison For Committing Hate Crime By Threatening Employees Of The Arab American Institute

William Patrick Syring, 61, of Arlington, Virginia, was today sentenced to 60 months in prison for threatening employees of the Arab American Institute (AAI) because of their race and national origin, threatening AAI employees because of their efforts to encourage Arab Americans to participate in political and civic life in the United States, and transmitting threats to AAI employees in interstate commerce.

“Threats aimed to intimidate individuals based on their ethnic or racial origin are despicable violations of civil rights freedoms protected by our constitution,” said Assistant Attorney General Eric Dreiband. “The Department of Justice will continue to fight to preserve the basic rights of people to live, work, and speak in their communities without the fear of hostility based on racism.”

“Investigating hate crimes is one of the FBI’s highest criminal priorities; these hateful acts are not only an attack on the victim, but are meant to intimidate an entire community,” said Timothy R. Slater, Assistant Director in Charge of the FBI’s Washington Field Office. “This sentencing demonstrates the FBI’s commitment to holding accountable those who seek to violate the civil rights of the people of our community through violent threats.”

Evidence presented at trial established that from 2012 to 2017, Syring sent over 700 emails to AAI employees, culminating in five death threats in 2017. According to court documents, Syring previously pleaded guilty in 2008 to sending threatening emails to AAI employees. Evidence presented at trial showed that Syring used nearly identical language that he admitted were threats in 2008 as he did in 2017.

According to testimony in court, AAI employees were frightened of Syring because he had sent them death threats in the past and continued to do so over a decade later. Additionally, according to witness testimony, many AAI employees lived in fear that Syring would follow through on his threats and physically harm them. They further testified to the toll it took on them personally and their families and loved ones.

On May 9, Syring was convicted on all 14 counts in the indictment, including seven hate crime charges and seven interstate threats charges. The case was investigated by the FBI Washington Field Office, and is being prosecuted by Civil Rights Division Senior Legal Counsel Mark Blumberg and Trial Attorney Nick Reddick.

Co-founder of the Arab American Institute, James Zogby, who along with his staff were the recipients of Syring’s threats wrote about it here:

click on image to see full piece.

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Ex-StateDept GSO Steven H. Hassan Gets 40 Years For Sexual Abuse of Children and Child Pornography

 

 

On August 13, USDOJ announced that former State Department employee, Steven Hadley Hassan, 52, was sentenced to 40 years in federal prison for sexual abuse of minors, and the production and transportation of child pornography. Our sources identified Hassan as a General Services Officer (GSO), a Foreign Service specialist who joined the State Department in 2010. We could not verify at this time that “he was in the Specialist Orientation class in 2010″ or that he  only “served two overseas tours” or that he “was never tenured.”
The DOJ announcement only identified Hassan as having served in the Philippines and South Africa. In his guilty plea, Hassan admitted to the sexual abuse of Jane Doe 1 in government housing in those two locations  from October 2010 continuing until mid-2013.
Indictment: Abuse in USG Permanent Housing
Count 8 of the Superseding Indictment filed on October 11, 2018, notes that in or about July 2010 through no later than in or about June 2012, the defendant resided in the Philippines in connection with his work as a State Department employee. In or about October 2010, he moved into permanent housing located in Dasmarinas Village, Makati, Philippines, provided by the U.S. Government. In or about June 2012, defendant repeatedly sexually abused a minor, Jane Doe 1, in his permanent housing. 
The Stipulation of Facts in court records signed and agreed to by Hassan says that while stationed in the Philippines, Hassan also sexually abused two pre-pubescent minors who resided in Manila-Jane Doe 2 (born in October 2003) and Jane Doe 3 (born in September 1999), who are sisters, and Hassan produced images of the abuse. Further it states that both Jane Doe 2 and Jane Doe 3 met Hassan in 2010 when he offered them food from a local restaurant near where they lived. Thereafter, the Defendant transported Jane Doe 2 and Jane Doe 3 in his minivan to a local hotel and sexually abused them.[…] Hassan most recently sexually abused Jane Doe 2 in 2015 when he visited the Philippines for a brief trip.
Count 9 of the indictment notes that in or about July 2012 though no later than in or about July 2014, the defendant resided in South Africa as a State Department employee. He moved into permanent housing in Pretoria, South Africa, in a U.S. Government-provided housing. Thereafter through in or about September 2013, defendant repeatedly sexually abused  Jane Doe 1 in his permanent housing.
Work Background
Steven Hassan’s 18-page resume online indicates that he worked for the U.S. Navy from 1987-1993, and various military-related work from 1993 to 2007 in Guam, Everett (WA), Yokosuka, Japan, and Whidbey Island (WA). It also indicates that he worked as an Administrative Assistant for the State Department’s MED Bureau from 2007-2008 (FederalPay.org lists him under Miscellaneous Clerk and Assistant for the State Department in 2007). From 2008-2010, he worked for the National Cancer Institute (FederalPay.org lists him as working for the National Institutes of Health in 2008 and 2009). His online resume also identified himself as Assistant General Services Officer (GSO) at the US Embassy Manila in the Philippines from June 2010-June 2012, then Assistant GSO at the US Embassy in Pretoria, South Africa from July 2012-August 2014. 
The Stipulation of Facts includes the following detail: “Hassan eventually brought his Sony camera and the SD card within it back to the United States after his tours overseas were completed, some time after November 2015.”
Hassan’s online resume notes that he worked as a Senior GSO at the U.S. Consulate General in Karachi, Pakistan from September 2014 -January 2016. Hassan’s brief visit to the Philippines in 2015, and the most recent abused of Jane Doe 2 alleged in the Stipulation of Facts appeared to have occurred while Hassan was assigned to the US Consulate General in Karachi. 
The last entry in Hassan’s online resume indicates that he worked as GSO at the “Near East Asia/Pacific Executive Office” at the State Department from “February 2016-present” but also lists as part of his duties and accomplishments updating “all EAP/GSO standard operation procedures.” We should point out for those unfamiliar with State Department bureaus that NEA and EAP are two different offices.
Arrest and Detention
According to the “Affidavit in Support of the Criminal Complaint and an Arrest Warrant” executed by a special agent from DHS/ICE’s Homeland Security Investigations, an FBI Task Force Officer in an undercover capacity accessed a publicly available peer-to-peer file sharing program known to law enforcement to be used by individuals with sexual interest in children from an Internet-connected computer on January 22, 2018. 
The undercover (UC) was “friends” with a user, and downloaded 24 folders from that user which contained approximately 2600 depictions of child pornography. The UC determined the IP address of the user, eventually served a subpoena to the ISP provider which returned the user name during the session as that belonging to Steven Hassan.
On March 27, 2018, a judge authorized a state search and seizure warrant of Hassan’s residence in Frederick, MD.
On April 13, a federal search and seizure warrant for Hassan’s residence was issued for evidence relating to possession with intent to distribute child pornography.
On June 8, 2018, Hassan was arrested at his residence in connection with a federal warrant and has been detained since that time.
On August 17, 2018, the State Department (through HR’s Office of Employee Relations, Work/Life Division) updated 3 FAM 1810 Family Advocacy Program (Child Abuse, Child Neglect, and Domestic Violence) of the Foreign Affairs Manual. Was this pure coincidence or did this case precipitate the update of the FAM? 
Plea and Sentencing
Under the plea agreement signed by Hassan on March 5, 2019, the penalties under the statute he was charged has a minimum  of 15 years, and a maximum of 30 years, with supervised release for life.
On August 12, 2019, United States Attorney Robert K. Hur wrote to the court informing the judge that “three of Defendant’s victims in the Philippines have informed the Government that (1) each is seeking restitution for harm suffered as a result of Defendant’s offense; and (2) each is willing to agree to restitution in the amount of $1,000 per person. The Government has informed Defendant’s counsel of the amount of restitution sought by each of the victims. Defendant does not object to it. Accordingly, the Government at sentencing tomorrow will ask the Court to include $1,000 in restitution to each of the three victims who have sought it in the Judgment and Commitment Order.” 
On August 13, 2019, U.S. District Judge Paul W. Grimm sentenced Steven Hadley Hassan, age 52,  to 40 years in federal prison, followed by a lifetime of  supervised release.
Questions
If not for the undercover officer who was able to access Hassan’s pornographic files online, we would not have known about his sexual abuse of Jane Doe 1 and other minors, or his production and transportation of child pornography, would we?
What medical and mental health assistance were made available to Jane Doe 1 whose abuse occurred in USG-provided housing?
We recognized that Hassan has been identified in court documents as a former State Department employee. But when exactly did Hassan become a former State Department employee – was he already a former employee before his arrest, or did he become a former employee following his arrest? We’ve sent the State Department several nagging questions about this case on Wednesday; to-date we have not heard anything back. 
And then there’s this: Diplomatic Security’s DSS conducts more than 38,000 personnel security actions each year for the Department of State and other federal agencies. What happened to this one? Also what about the Continuous Evaluation Program?  Diplomatic Security says on its website that the Office of the Director of National Intelligence (ODNI) implemented Continuous Evaluation (CE) program in December 2016 to ensure the federal government maintains a strong and trusted workforce.  CE applies to all Executive Branch personnel who require eligibility for access to classified information or eligibility to hold a sensitive position. How did that work here?


Via USDOJ: Former Foreign Service Officer Sentenced to 40 Years in Federal Prison for Production and Transportation of Child Pornography
Sexually Abused at Least Five Minors While Stationed Overseas as a Foreign Service Officer

Greenbelt, Maryland – U.S. District Judge Paul W. Grimm today sentenced Steven Hadley Hassan, age 52, of Frederick, Maryland, to 40 years in federal prison, followed by lifetime supervised release, for sexually abusing minors to produce child pornography and transporting those images to the United States.  Judge Grimm also ordered that, upon his release from prison, Hassan must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).  Hassan has been detained since his arrest on June 8, 2018.

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Former @StateDept Employee Candace Marie Claiborne Sentenced to 40 Months in Prison

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Correction: 40 months in prison, not 40 years.
In March 2017, the Justice Department announced the arrest of State Department employee, Candace Marie Claiborne, 60, of Washington, D.C. for obstructing an official proceeding and making false statements to the FBI, both felony offenses, and for allegedly concealing numerous contacts that she had over a period of years with foreign intelligence agents. (see @StateDept OMS Arrested/Charged With Concealing Extensive Contacts With Chinese Intel Agents).
In April 2019, USDOJ announced that Claiborne pled guilty to conspiring with foreign agents. (see Former @StateDept Employee Pleads Guilty to Conspiring with Foreign Agents).
On July 9, 2019, USDOJ announced that Claiborne was sentenced to 40 months in prison, three years of supervised release and a fine of $40,000, for conspiracy to defraud the United States, by lying to law enforcement and background investigators, and hiding her extensive contacts with, and gifts from, agents of the People’s Republic of China, in exchange for providing them with internal documents from the U.S. State Department.
Below via the DOJ announcement. See the original statement here.

The announcement was made by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Jessie K. Liu of the District of Columbia, Acting Assistant Director in Charge John P. Selleck of the FBI’s Washington Field Office and Deputy Assistant Secretary Ricardo Colón, Domestic Operations, U.S. Department of State’s Diplomatic Security Service (DSS).

“Chinese intelligence agents convinced Candace Marie Claiborne to trade her integrity and confidential information of the United States government for cash and other gifts for herself and her family,” said Assistant Attorney General Demers. “Claiborne withheld information and lied repeatedly about these foreign intelligence contacts. Violations of the public’s trust are an affront to our citizens and to all those who honor their oaths. With this sentencing, justice has been imposed for these dishonorable criminal acts.”

“Candace Claiborne received gifts from foreign officials and lied to investigators repeatedly about her role in defrauding the U.S. government,” said U.S. Attorney Liu. “Claiborne violated her oath as a State Department employee, and we will continue to hold accountable those abuse their positions of trust.”

“Claiborne was entrusted with privileged information as a U.S. government employee, and she abused that trust at the expense of our nation’s security,” said John P. Selleck, Acting Assistant Director in Charge of the FBI Washington Field Office. “The targeting of U.S. security clearance holders by Chinese intelligence services is a constant threat we face, and today’s sentencing shows that those who betray the trust of the American people will be held accountable for their actions. I would like to thank the men and women of the FBI Washington Field Office and our partners at the Department of Justice for their work in investigating and prosecuting this case.”

“This sentence makes a strong statement to those who would attempt to commit crimes that violate the public trust and damage our national security. The Diplomatic Security Service is dedicated to working with the FBI and the U.S. Attorney’s Office to ensure that those who commit these crimes are brought to justice,” said Deputy Assistant Secretary Colón.”

Claiborne, of Washington, D.C., pleaded guilty in April 2019 in the U.S. District Court for the District of Columbia, to a charge of conspiracy to defraud the United States. She was sentenced by the Honorable Randolph D. Moss.

According to the plea documents, Claiborne began working as an Office Management Specialist for the Department of State in 1999. She has served overseas at a number of posts, including embassies and consulates in Baghdad, Iraq, Khartoum, Sudan, and Beijing and Shanghai, China. As a condition of her employment, Claiborne maintained a TOP SECRET security clearance. Claiborne also was required to report any contacts with persons suspected of affiliation with a foreign intelligence agency.

Despite such a requirement, Claiborne failed to report repeated contacts with two intelligence agents of the People’s Republic of China (PRC), even though these agents provided tens of thousands of dollars in gifts and benefits to Claiborne and her family over five years. The gifts and benefits included cash wired to Claiborne’s USAA account, Chinese New Year’s gifts, international travel and vacations, tuition at a Chinese fashion school, a fully furnished apartment, and a monthly stipend. Some of these gifts and benefits were provided directly to Claiborne, while others were provided through a co-conspirator.

In exchange for these gifts and benefits, Claiborne provided copies of internal documents from the Department of State on topics ranging from economics to visits by dignitaries between the two countries.

Claiborne noted in her journal that she could “Generate 20k in 1 year” working with one of the PRC agents, who tasked her with providing internal U.S. Government analyses on a U.S.-Sino Strategic Economic Dialogue that had just concluded.

Claiborne, who confided to a co-conspirator that the PRC agents were “spies,” willfully misled State Department background investigators and FBI investigators about her contacts with those agents, the plea documents state.  After the State Department and FBI investigators contacted her, Claiborne also instructed her co-conspirators to delete evidence connecting her to the PRC agents.

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Former Senior USAGM Official Haroon K. Ullah Pleads Guilty to Stealing Government Money

 

We’re late on this, but on June 27, 2019, USDOJ announced that Haroon K. Ullah, a former senior official of the U.S. Agency for Global Media (USAGM), the agency formerly known as the Broadcasting Board of Governors (BBG) entered a plea of guilty for stealing over $40,000 in government money in 2018.
Former Senior Official Pleads Guilty to Stealing Government Money
ALEXANDRIA, Va. – An Alexandria man pleaded guilty today to stealing over $40,000 in government money during 2018, while he was employed as a senior government official at the U.S. Agency for Global Media (USAGM) in Washington, D.C.
According to court documents, Haroon K. Ullah, 41, admitted that he fraudulently obtained thousands of dollars in government funds by submitting falsified hotel invoices, falsified and inflated taxi and Uber receipts, and by billing the government for personal travel and for travel that had already been paid by third parties.
Additionally, Ullah admitted that he created a falsified letter from a real medical doctor purportedly claiming that Ullah needed to fly in business class at government expense because of a sore knee. By submitting the forged letter from the doctor, Ullah fraudulently obtained costly business class upgrades at government expense, including on lengthy international flights. Ullah admitted to creating many of the false documents on his government-issued laptop computer. As part of the plea, Ullah also admitted that he submitted falsified invoices and repair estimates to an insurance company regarding a claim for repairs to his home in Alexandria.
A former employee of the U.S. Department of State, Ullah became a member of the Senior Executive Service when he joined USAGM as its Chief Strategy Officer (CSO). Ullah committed his crime from February through October 2018, while serving as CSO. Ullah is no longer employed with USAGM.
Ullah pleaded guilty to theft of government money and faces a maximum penalty of 10 years in prison when sentenced on October 11. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Steve A. Linick, Inspector General for the Department of State, made the announcement after U.S. District Judge T.S. Ellis, III, accepted the plea. Special Assistant U.S. Attorney Russell L. Carlberg is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-183.
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Mr. Ullah’s website still says that he “serves as Chief Strategy Officer at the Broadcasting Board of Governors, an $800 million global media agency. He is a scholar, diplomat and policy practioner with a special focus on digital strategy, countering violent extremism and transmedia engagement.”
USAGM’s website has removed Mr. Ullah’s bio from its website and  info related to him appears not to display prominently on its website; a search still returns events where he was featured as the agency’s CSO, and the Wayback Machine has archived this CSO for eternity.
A Statement of Facts submitted with Mr. Ullah’s Plea Agreement notes that before joining USAGM, he had been employed with the U.S. Department of State since 2010.  It also notes the following:

5. During the approximate ninth—month period of February 2018-October 2018, ULLAH submitted for reimbursement multiple falsified hotel invoices; falsified taxi receipts; double-billed third party sponsors and USAGM for the same trips; and billed USAGM for personal
trips, either to promote his book, or for week-end trips during which little to no USAGM business was conducted. ULLAH used his government computer, a Microsoft Surface Pro, to create the false documents. He would obtain logos and other graphics on-line and use either an invoice generator or Microsofi Excel in order to create fraudulent hotel invoices. Sometimes ULLAH had stayed with a family member or friend or at a budget hotel, but he created the false invoice for the purpose of financial gain in order to maximize his reimbursement from USAGM. With other hotel invoices, ULLAH took a legitimate hotel invoice and changed his address or other data in order to conceal that the hotel room had been paid by a third party, which fact ULLAH intentionally failed to disclose to E2 and USAGM.

8. As part of a scheme to obtain business class travel to which he was not entitled, ULLAH also submitted to USAGM a falsified and forged letter from a real medical doctor, identified here by the initials N.A., claiming that ULLAH required an upgrade to business class because of a medical condition that required him to “lie flat” on long flights. The doctor confirmed to law enforcement that the letter was a forgery; that he did not authorize ULLAH to use his identity or to sign his name for him; and that a business class upgrade for ULLAH’s sore knee
was not medically necessary.

Part of the  Plea Agreement says:

Further, in accordance with Rule 11(c)(l)(B) of the Federal Rules of Criminal Procedure, the United States and the defendant will recommend to the Court that the following provisions of the Sentencing Guidelines apply: Under Section 2B1 .1(b), the intended loss is greater than $40,000 but less than $95,000, thus six levels are added to the base offense level. Under Section 3Bl.2, the United States and the defendant agree to a two level enhancement for abuse of a position of public trust as an employee of the United States.

The Plea also notes:

“The United States will not further criminally prosecute the defendant in the Eastern District of Virginia for the specific conduct descfibed in the information or statement of facts. This plea agreement and statement of facts does not confer on the defendant any immunity from prosecution by any state government in the United States.”

 

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Libyan National Mustafa al-Imam Found Guilty of Terrorism Charges in 2012 Benghazi Attack

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On June 17, DOJ announced that a Libyan national was found guilty of terrorism charges in the 2012 attack of the U.S. facilities in Benghazi.

Casualties in the US Consulate Benghazi attacks: Ambassador Chris Stevens, Information Management Officer Sean Smith, security personnel and former Navy SEALs, Tyrone S. Woods and Glen A. Doherty

Excerpt from announcement:

Mustafa al-Imam, a Libyan national approximately 48 years old, was found guilty of terrorism charges for his participation in the Sept. 11, 2012, attack on the U.S. Special Mission and Annex in Benghazi, Libya.  Ambassador J. Christopher Stevens and U.S. government personnel Sean Smith, Tyrone Woods and Glen Doherty died in the attack at the Mission and the nearby Annex in Benghazi.
[…]
Al-Imam was captured in Libya on Oct. 29, 2017.  He was found guilty of conspiracy to provide material support and resources to terrorists and maliciously destroying and injuring a dwelling and placing lives in jeopardy by a jury on June 13, 2019.  The former charge is punishable by up to a maximum of 15 years in prison, while the latter charge is punishable by up to a maximum of 20 years in prison. The jury failed to reach a verdict on 15 other charged counts, leading the court to declare a mistrial on June 17, 2019.  The government has not yet announced whether it plans to retry Al-Imam on the remaining counts.  The maximum statutory sentences are prescribed by Congress and are provided here for informational purposes.  The sentencing of the defendant will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors.

The trial began with opening statements on May 8, 2019, before a jury in the courtroom of the Honorable Judge Christopher R. Cooper of the U.S. District Court for the District of Columbia. Over the next four weeks, the government presented testimony from 27 witnesses.  The witnesses included those who were wounded in the attack, as well as others who survived the attacks.

This case was investigated by the FBI’s New York Field Office with substantial assistance from various other government agencies, including the Department of Defense and the two victim agencies, the CIA and the Department of State.

Read the full statement here.

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DOJ’s Sarah Fabian Makes Outrageous Argument USG Isn’t Required to Provide Toothpaste, Soap, or Beds For Detained Children

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Update: Justice Department career lawyer defends herself after viral video on child migrant treatment

Former U.S. Diplomat William Patrick Syring Convicted of Threatening Employees of the Arab American Institute

This is a follow-up to an item we posted in March 2018 (Ex-FSO William Syring Charged With Hate Crime and Threats to Arab American Institute Employees).  On February 21, 2018 USDOJ indicted former foreign service officer William Patrick Syring for hate crime and threatening employees of the Arab American Institute. Syring was previously charged in 2006 for similar threats in four emails and three voicemails. He retired from the State Department in July 2007 and he pleaded guilty in that previous case in June 2008.

The 2018 indictment alleged he sent 350 e-mails from March 2012 to January 2018.

On May 9, 2019, USDOJ announced Syring’s conviction:

William Patrick Syring, 61, of Arlington, Virginia, was convicted today of threatening employees of the Arab American Institute (AAI), because of their race and national origin, threatening AAI employees because of their efforts to encourage Arab Americans to participate in political and civic life in the United States, and transmitting threats to AAI employees in interstate commerce. Syring was convicted on all 14 counts in the indictment.

“Threats aimed at individuals because of their race and national origin have no place in our society and violate federal civil rights laws,” said Assistant Attorney General Eric Dreiband. “The Department of Justice will continue to hold criminals accountable who commit such acts of hate so that all individuals in this country can engage in civic life and political discourse.”

Evidence presented at trial established that from 2012 to 2017, Syring sent over 700 emails to AAI employees, culminating in five death threats in 2017. According to court documents, Syring previously pleaded guilty in 2008 to sending threatening emails to AAI employees. Evidence presented at trial showed that Syring used nearly identical language that he admitted were threats in 2008 as he did in 2017.

According to testimony in court, AAI employees were frightened of Syring, because he had sent them death threats in the past and continued to do so over a decade later. Additionally, according to witness testimony, many AAI employees lived in fear that Syring would follow through his threats and physically harm them. They further testified to the toll it took on them personally and their families and loved ones.

Sentencing is set for Aug. 9. The maximum penalties for the convictions is 42 years of imprisonment.

The case was investigated by the FBI Washington Field Office and is being prosecuted by Civil Rights Division Senior Legal Counsel Mark Blumberg and Trial Attorney Nick Reddick.

 

USG Charges Two Individuals For Visa Fraud Conspiracy Involving the Moroccan Diplomatic Mission and Seven Domestic Workers

 

On March 13, SDNY announced that two individuals were charged for visa fraud conspiracy involving the Moroccan Consulate and Mission in New York. The complaint includes an individual not named as a defendant in the Complaint (“CC-1”), a diplomatic agent accredited to the Permanent Mission of the Kingdom of Morocco to the United Nations (the “Moroccan Mission”) with the rank of Ambassador. Footnote #5 in the complaint says that the USG anticipates that it will enter into a non-prosecutorial agreement with each of the seven domestic workers, all nationals of the Philippines). Footnote #6 notes that the DSS Special Agent is aware that as an ambassador accredited to the Moroccan Mission of the United Nations, CC-1 possesses full diplomatic immunity under Article V of the United Nations Agreement and Article (39)1)of the Vienna Convention on Diplomatic Relations.

Via USDOJ/SDNY:

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Christian J. Schurman, Director of the U.S. Department of State’s Diplomatic Security Service (“DSS”) at the United States Department of State, announced today the arrest of MARIA LUISA ESTRELLA JAIDI (“JAIDI”), who was charged by complaint along with her brother, RAMON SINGSON ESTRELLA (“ESTRELLA”), for their involvement in a conspiracy to commit visa fraud, make materially false statements, and induce aliens to illegally come to, enter, and reside in the United States.  JAIDI was arrested today in Ancramdale, New York, and will be presented this afternoon in White Plains federal court before the U.S. Magistrate Judge Paul E. Davison.  ESTRELLA remains at large.

U.S. Attorney Geoffrey S. Berman stated:  “As alleged, the defendants abused our nation’s process for admitting consular officials in order to bring domestic workers into this country for their own monetary gain and lifestyle.  On top of that, Maria Luisa Estrella Jaidi exploited these workers by not providing them the critical protections and benefits they would have been entitled to had they been properly brought to this country with the appropriate visas.  Today’s charges demonstrate that fraud and abuse of this type will not be tolerated.”

DSS Director Christian J. Schurman said:  “DSS demonstrated its commitment to protecting the integrity of U.S. travel documents and the rights of foreign nationals visiting the United States.  We will continue to pursue those who abuse domestic worker visas to manipulate and exploit their employees for personal gain.  DSS’s strong relationship with our law enforcement partners and the U.S. Attorney’s Office for the Southern District of New York, continues to be essential in the pursuit of justice.”

According to the allegations in the Complaint unsealed in White Plains federal court[1]:

From approximately 2006 up to 2016, JAIDI and ESTRELLA conspired with an individual not named as a defendant in the Complaint (“CC-1”) to fraudulently procure visas for at least seven Filipino domestic workers (the “Domestic Workers”).  CC-1 is a diplomatic agent accredited to the Permanent Mission of the Kingdom of Morocco to the United Nations (the “Moroccan Mission”) with the rank of Ambassador.  From approximately 1980 through approximately 2016, CC-1 and JAIDI were married.

In order to fraudulently obtain visas for the Domestic Workers, JAIDI and CC-1 caused the Domestic Workers to submit visa applications containing materially false statements and to submit fraudulent employment contracts in support of those visa applications.  ESTRELLA – who is JAIDI’s brother and who resides in the Philippines – helped recruit several of the Domestic Workers in the Philippines to work for JAIDI and CC-1 in the United States and instructed the Domestic Workers to make false statements in their visa applications and to officials at the U.S. Embassy in Manila.

In particular, ESTRELLA, JAIDI, and CC-1 caused five of the Domestic Workers to falsely state in their visa applications that they would be employed as secretaries, administrative assistants, or technicians at the Moroccan Mission or at the Consulate General of the Kingdom of Morocco in Manhattan.  In addition, ESTRELLA, JAIDI, and CC-1 caused each of the Domestic Workers to submit fraudulent employment contracts to the State Department in support of their visa applications.  The fraudulent employment contracts also overstated the Domestic Workers’ salaries, understated their hours, and falsely guaranteed benefits, including, among others, sick leave, dental insurance, and medical insurance.

Once the Domestic Workers arrived in the United States, JAIDI and CC-1 employed the workers as their personal drivers, domestic helpers, farmhands, and assistants at their residence in Bronxville, New York, as well as at their farm in Ancramdale, New York.  JAIDI and CC-1 paid the Domestic Workers significantly less than the minimum salary required by law and regularly compelled them to work far in excess of 40 hours per week.  In addition, JAIDI and CC-1 generally denied the Domestic Workers the benefits set forth in their employment contracts, compelled the Domestic Workers to work seven days a week, and required the Domestic Workers to surrender their passports.

Read in full: Two Charged In White Plains Federal Court For Visa Fraud Conspiracy Involving Moroccan Consulate And Mission In New York

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