text of indictment against abduhrahman alamoudi

and lots more here from Salon.com. For the .pdf version, click here. ------------------------------------ FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA v. ABDURAHMAN M. ALAMOUDI Counts 1, 8-10: 18 U.S.C. § 1001 False Statements, Writings, and Schemes Count 2: 18 U.S.C. § 2332d Prohibited Financial Transactions with Libyan Government Counts 3-5: 50 U.S.C. § 1705 Prohibited Financial Transactions withLibya Counts 6-7: 18 U.S.C. § 1956 Money Laundering Counts 11: 31 U.S.C. § 5324 Money Structuring Counts 12-13: 18 U.S.C. § 1544 Misuse of Passport Count 14: 18 U.S.C. §1425(a) Unlawful Procurement of Naturalization Counts 15-18: 31 U.S.C. § 5322 Failure to Report Foreign Bank Accounts INDICTMENT OCTOBER 2003 TERM -- AT ALEXANDRIA COUNT 1 Concealing Material Facts 1. The Grand Jury realleges and incorporates by reference the General Allegations of this Indictment. 2. From November 1, 1995, to on or about September 28, 2003, at Washington Dulles Airport in Loudoun County, in the Eastern District of Virginia and elsewhere, the defendant, ABDURAHMAN MUHAMMAD ALAMOUDI, did unlawfully, knowingly and willfully conceal and cover up by a trick, scheme and device, material facts, in a matter within the jurisdiction of the Department of the Treasury, Internal Revenue Service; United States Customs Service; the Department of Justice, Immigration and Naturalization Service; and the Department of Homeland Security, agencies of the executive branch of the government of the United States. The Scheme The primary purpose of the scheme was to obtain money from Libya and other sources overseas and transmit it to and through the United States outside of the knowledge of the United States government and without attracting the attention of law enforcement and regulatory authorities. Specifically, to prevent the Department of the Treasury, Internal Revenue Service, Customs Service, the Department of Justice, Immigration and Naturalization Service, and the Department of Homeland Security, from learning how much money he controlled, how and where he obtained such money, and what he did with such money; defendant ALAMOUDI did: a. Engage in financial transactions with the Government of Libya, a country designated under Section 6(j) of the Export Administration Act of 1979 as a country supporting international terrorism, in violation of Title 18, United States Code, Section 2332d; b. Engage in financial transactions with Libya, in violation of a regulation issued under Chapter 35 of Title 50, United States Code, in violation of Title 50, United States Code, Section 1705; c. Use his United States passport in violation of the conditions and restrictions therein contained, and the rules prescribed pursuant to the laws regulating the issuance of passports, in violation of Title 18, United States Code, Section 1544. d. Made false, fictitious, and fraudulent material statements and representations in matters within the jurisdiction of the immigration and Naturalization Service, an agency of the executive branch of the government of the United States, in matters involving citizenship, naturalization, and the registry of aliens, by falsely denying certain overseas travel, in violation of 18 U.S.C. §§ 1001, 1015 and 1425; e. Falsely deny to United States Customs Service officials, and later to officials of the Department of Homeland Security, United States Customs and Border Protection, that he had traveled to Libya when he had in fact done so, in violation of 18 U.S.C. § 1001; f. Travel to Libya on different passports than the one he presented to Department of Homeland Security, United States Bureau of Customs and Border Protection officials upon his return from trips to Libya; g. Obtain visas for travel to Libya from the Libyan Embassy in Canada rather than from obtaining the proper authorizations from the United States; h. Attempt to structure the importation into the United States cash he received from Libyan sources outside the United States for the purpose of evading the filing of a Report of International Transportation of Currency or Monetary Instruments in accordance with the reporting requirements of Section 5316 of Title 31, United States Code, by attempting to transport cash to Saudi Arabia for deposit there and subsequent wire transfer into the United States, in violation of 31 U.S.C. § 5324 and 18 U.S.C. § 1956; i. Attempt to structure transactions with domestic financial institutions cash he received from Libyan sources outside the United States for the purpose of evading the filing of a Currency Transaction Report in accordance with the reporting requirements of sections 5313(a) of Title 31, United States Code, by attempting to transport the cash to Saudi Arabia for deposit there and subsequent wire transfer into the United States, in violation of 31 U.S.C. § 5324 and 18 U.S.C. § 1956; and j. Fail to file Reports of Foreign Bank and Financial Account forms as required for individuals having financial interests in, or signature or other authority over, financial accounts in foreign countries as required by Title 31, U.S.C. § 5314, in violation of 31 U.S.C. § 5322. It was part of the scheme that, on Wednesday, August 13, 2003, ALAMOUDI received a telephone call at the Metropole Hotel in London from an individual with a Libyan accent, who informed ALAMOUDI that the caller had “something” for ALAMOUDI. ALAMOUDI opened his hotel room door and received from an individual a briefcase containing $340,000 in sequentially-numbered bills of United States currency, but engaged the individual in no conversation before the individual departed. On August 16, 2003, Alamoudi departed for the airport en route to Syria, having transferred the cash to his own luggage and left the briefcase inthe hotel room. In furtherance of the scheme and to effect the objects thereof, the defendant falsely stated to Department of Homeland Security, United States Customs and Border Protection officials at Washington Dulles Airport on September 28, 2003, that the countries that he visited on his trip outside the United States from which he was then returning included only England, Saudi Arabia, Yemen, Syria, and Lebanon, when in fact he also had traveled to Libya and Egypt. (In violation of Title 18, United States Code, Section 1001(a)(1).) THE GRAND JURY CHARGES THAT: 1. The Grand Jury realleges and incorporates by reference the General Allegations of this Indictment. 2. On or about August 16, 2003, in London, England, outside the jurisdiction of any particular state and district, defendant ABDURAHMAN MUHAMMAD ALAMOUDI, being a United States person knowing and having reasonable cause to know that Libya was a country designated under section 6(j) of the Export Administration Act of 1979 as a country supporting international terrorism, did unlawfully and knowingly engage in a financial transaction with the government of that country without complying with the licensing and authorization requirements of the Libyan Sanction Regulations. In specific, defendant ALAMOUDI received and transferred and attempted to transfer, and exported and attempted to export, and otherwise dealt in and attempted to otherwise deal in, $340,000 in cash from the Islamic Call Society, a branch of the Government of Libya. 3. On or about September 28, 2003, defendant ABDURAHMAN MUHAMMAD ALAMOUDI was first brought to the Eastern District of Virginia. (In violation of Title 18, United States Code, Sections 2332d and 3238, and Title 31 C.F.R. Sections 550.208 and 550.209.) Prohibited Financial Transactions with Libya THE GRAND JURY FURTHER CHARGES THAT: 1. The Grand Jury realleges and incorporates by reference the General Allegations listed in this Indictment. 2. On or about the following dates in Alexandria, Virginia, in the Eastern District of Virginia, and elsewhere outside the jurisdiction of any particular state and district, defendant ABDURAHMAN MUHAMMAD ALAMOUDI, being a United States person, did unlawfully, knowingly, and willfully violate a regulation issued under Chapter 35 of Title 50, United States Code, in that, as a United States person, defendant did willfully and unlawfully engage in financial transactions with Libya without complying with the licensing and authorization requirements of the Libyan Sanction Regulations, as detailed below: Count Date Transaction January 23, 2000 Defendant paid for his travel expenses to Libya, to wit, round trip air fare on Swiss Air from Zurich to Tripoli in the amount of $1,877.70 August 14, 2001 Defendant paid for his travel expenses to Libya to wit, round trip airfare on Swiss Air from Zurich to Tripoli in the amount of $2014.28; August 16, 2003 In London, England, defendant transferred and attempted to transfer, and exported and attempted to export, and otherwise dealt in and attempted to otherwise deal in $340,000 in cash received from a representative of the Islamic Call Society, a Libyan entity. 3. On or about September 28, 2003, defendant ABDURAHMAN MUHAMMAD ALAMOUDI was first brought to the Eastern District of Virginia. (In violation of Title 50, United States Code, Section 1705(b), Executive Orders 12543 and 12544 and Title 31, CFR Sections 550.202, 550.203, 550.207, 550.208, and 550.209, and Title 18, United States Code, Section 3238.) COUNT 6 Money Laundering THE GRAND JURY FURTHER CHARGES THAT: 1. The Grand Jury realleges and incorporates by reference the General Allegations listed in this Indictment. 2. On or about August 13-16, 2003, in London, England, and elsewhere outside the jurisdiction of any particular state and district, defendant ABDURAHMAN MUHAMMAD ALAMOUDI, attempted to transport, transmit, and transfer funds to a place in the United States from or through a place outside the United States knowing that the funds involved in the transportation, transmission, and transfer represented the proceeds of some form of unlawful activity and that such transportation, transmission, and transfer was designed in whole and in part to conceal and disguise the nature, location, source, ownership, and control of the proceeds of specified unlawful activity and avoid a transaction reporting requirement under Federal law. Specifically, defendant attempted to transmit the $340,000 in cash he received in the United Kingdom from Libya in violation of 50 U.S.C. § 1705, to the United States from outside the United States, in transactions designed to conceal the source of the proceeds and avoid Currency Transaction Reports and Currency and Monetary Instrument Reports required pursuant to 31 U.S.C. §§ 5313 and 5316. 3. On or about September 28, 2003, defendant ABDURAHMAN MUHAMMAD ALAMOUDI was first brought to the Eastern District of Virginia.(In violation of Title 18, United States Code, Sections 1956(a)(2)(B) and 3238.) COUNT 7 Money Laundering THE GRAND JURY FURTHER CHARGES THAT: 1. The Grand Jury realleges and incorporates by reference the General Allegations listed in this Indictment. 2. On or about August 13-16, 2003, in London, England, and elsewhere outside the jurisdiction of any particular state and district, defendant ABDURAHMAN MUHAMMAD ALAMOUDI did unlawfully and knowingly attempt to transport, transmit, and transfer funds to a place in the United States from or through a place outside the United States, with the intent to promote the carrying on of specified unlawful activity. Specifically, defendant attempted to transmit $340,000 in cash he received in the United Kingdom to the United States with the intent to promote the carrying on of a violation of the economic sanctions against Libya, in violation of 50 U.S.C. § 1705. 3. On or about September 28, 2003, defendant ABDURAHMAN MUHAMMAD ALAMOUDI was first brought to the Eastern District of Virginia. (In violation of Title 18, United States Code, Sections 1956(a)(2)(A) and 3238.) COUNT 8 False Statement THE GRAND JURY FURTHER CHARGES THAT: 1. The Grand Jury realleges and incorporates by reference the General Allegations listed in this Indictment. 2. On or about September 28, 2003, at Washington Dulles Airport in Loudoun County, in the Eastern District of Virginia, the defendant, ABDURAHMAN MUHAMMAD ALAMOUDI, did unlawfully, knowingly and willfully make a materially false, fictitious and fraudulent statement and representation in a matter within the jurisdiction of the Department of Homeland Security, an agency of the executive branch of the government of the United States. Specifically, in responding to a question from an officer of the United States Customs and Border Protection asking him to identify the countries that he had visited in the course of the trip outside the United States from which he was then returning, ALAMOUDI falsely stated that he had visited only England, Saudi Arabia, Yemen, Syria, and Lebanon, when, as ALAMOUDI then well knew, he had also visited Libya and Egypt. (In violation of Title 18, United States Code, Section 1001(a)(2).) COUNTS 9-10 False Writings THE GRAND JURY FURTHER CHARGES THAT: 1. The Grand Jury realleges and incorporates by reference the General Allegations listed in this Indictment. 2. On or about the following dates, at Washington Dulles Airport in Loudoun County, in the Eastern District of Virginia, the defendant, ABDURAHMAN MUHAMMAD ALAMOUDI, did unlawfully, knowingly and willfully make and use a false writing and document knowing the same to contain a materially false, fictitious and fraudulent statement and entry, in a matter within the jurisdiction of the Department of Homeland Security, an agency of the executive branch of the government of the United States. Specifically, in responding to Question 8 on the Form 6059-B, which requires the traveler to list "Countries visited on this trip prior to U.S. arrival," ALAMOUDI falsely wrote that he had visited only countries other than Libya when, as ALAMOUDI then well knew, he had also visited Libya. Count Date 9 March 19, 2003 10 September 28, 2003 (In violation of Title 18, United States Code, Section 1001(a)(3).) COUNT 11 Structuring Financial Transactions to Evade Reporting Requirements THE GRAND JURY FURTHER CHARGES THAT: 1. The Grand Jury realleges and incorporates by reference the General Allegations listed in this Indictment. 2. On or about August 13-16, 2003, in London, England, and outside the jurisdiction of any particular state and district, defendant ABDURAHMAN MUHAMMAD ALAMOUDI did, for the purposes of evading the reporting requirements of Section 5313(a) of Title 31, United States Code, unlawfully and knowingly structure and attempt to structure a transaction with a domestic financial institution. In specific, on or about August 16, 2003, to evade the filing of a Currency Transaction Report as required by Section 5313(a) of Title 31, United States Code, ALAMOUDI attempted to structure the deposit of $340,000 in cash that he possessed in London, England, into a domestic financial institution in a manner that would not trigger the filing of a Currency Transaction Report, by, transporting the cash out of England, depositing the cash into a financial institution in another country from which the credits for such cash could be wire transferred into a domestic financial institution in a manner that would not trigger the filing of a Currency Transaction Report required by Section 5313(a) for currency transactions in excess of $10,000. 3. On or about September 28, 2003, defendant ABDURAHMAN MUHAMMAD ALAMOUDI was first brought to the Eastern District of Virginia. (In violation of Title 31, United States Code, Section 5313 and 5324, and Title 18, United States Code, Section 3238.) COUNTS 12-13 Misuse of Passport THE GRAND JURY FURTHER CHARGES THAT: On or about the following dates, in Libya, outside the jurisdiction of any particular state and district, defendant ABDURAHMAN MUHAMMAD ALAMOUDI did unlawfully and knowingly use a passport in violation of the conditions and restrictions therein contained, and of the rules prescribed pursuant to the laws regulating the issuance of passports, in that on or about the dates listed below, the defendant used his United States passport to travel to Libya, without obtaining a special validation, in violation of the special validation requirement of Title 22, C.F.R., Sections 51.73 and 51.74, and 67 Federal Register 71228-02, rules prescribed pursuant to Title 22, United States Code, Section 211a, a law regulating the issuance of passports. Count Date 12 August 14, 2001 to August 23, 2001 13 February 7, 2002 to February 12, 2002 3. On or about September 28, 2003, defendant ABDURAHMAN MUHAMMAD ALAMOUDI was first brought to the Eastern District of Virginia. (In violation of Title 18, United States Code, Sections 1544 and 3238.) Count 14 Unlawful Procurement of Naturalization THE GRAND JURY FURTHER CHARGES THAT: Between on or about November 1, 1995, and on or about April 12, 1996, in Arlington County, in the Eastern District of Virginia, ABDURAHMAN M. ALAMOUDI did knowingly procure his own naturalization contrary to law. Specifically, in the Application for Naturalization (Form N-400) he submitted on November 1, 1995, and swore to on April 12, 1996, he made the following false statements under oath and false material statements and concealed the following material facts: 1. At Part 3 (Additional Information About You) of the Application for Naturalization, under the heading “Absences from the U.S.”, he stated that he had been absent from the United States only five times in the five years preceding his Application for Naturalization and when in fact, as the defendant then well knew, he had been absent from the United States approximately 10 times during the five years preceding his Application for Naturalization; 2. At Part 9 (Memberships and Organizations) of the Application for Naturalization, in response to the direction to list his present and past membership in or affiliation with every organization, association, fund, foundation, party, club, society, or similar group in the United States or any other place, he failed to state that, as he then well knew, he was a Director of Mercy International - U.S.A., Inc., and a Director of United Association for Studies and Research, Inc., and had been a member of the Eritrean Liberation Front/ People’s Liberation Force. These false statements were made in violation of Title 18, United States Code, Sections 1001(a) and 1015(a). (In violation of Title 18, United States Code §1425(a).) COUNTS 15-18 Failure to File Reports of Foreign Bank Accounts THE GRAND JURY FURTHER CHARGES THAT: On or about the following dates, in Falls Church, in the Eastern District of Virginia, the defendant ABDURAHMAN M. ALAMOUDI, who, during the following calendar years had financial interests in and signature and other authority over financial accounts in foreign countries which accounts exceeded in those calendar years $10,000 in aggregate value, did unlawfully, knowingly, and willfully fail to file reports of those financial accounts on or before the following dates, as required by Title 31, United State Code, Section 5314 and Title 31, Code of Federal Regulations, Sections 103.24 and 103.27: Count Calendar Year Date 15 1998 June 30, 1999 16 1999 June 30, 2000 17 2001 June 30, 2002 18 2002 June 30, 2003