MILNET Brief
  Bakersfield Spy Ring, 10/05/2006
"A California man accused of trying to supply stolen U.S. military equipment and defense secrets to Yemen was denied bail Friday after a prosecutor said he had ties to a terrorist financier who plotted to help al-Qaida and Hamas...Ali pleaded not guilty last week to conspiracy to possess and transmit defense information, unlawfully export defense articles, possess stolen government property and attempted unlawful export of defense articles. If convicted on all counts, he faces up to 30 years in prison and a $1 million fine."

- Olivia Munoz, Associated Press Writer, 9/15/2006

This is the third case of Middle Eastern terrorists within driving distance of the author's home and all within the last three years.  If this is any indication of what is happening in the rest of the country, I am VERY glad Congress is pushing the envelope in terms of surveillance.  It almost makes one wonder if the government is doing enough surveillance!

-  Michael Crawford, for MILNET


Key Case Documents    Sources  


Three Yemeni-born U.S. citizens living in Bakersfield  were indicted on August 31, 2006 on charges they tried to purchase stolen military equipment and one of them has been charged with receiving and transferring U.S. secret documents.  One of the accused faces four counts with a possible sentence of 30 years  in prison and a $1 million fine.

The case brings to light an issue discussed in other cases, the financial ties in terrorism and the ways in which criminal activities play a part in that financing.  In this case, we have monies being spent in the U.S. to purchase secrets and military equipment that is to be sent to Yemen and then sold there.  The ties to a known Yemeni terrorist financier lead one to speculate that the profits from the sale would then go to some terrorist organization.

Yemen, you may recall, is where Al-Qaeda operatives drove a Zodiac up next to the U.S.S. Cole and blew themselves up, seriously damaging the ship and killing a number of U.S. sailors. 

The government in this case alleges the conspirators in Bakersfield moved freely back and forth between the U.S. and Yemen, with one doing so as part of the effort to sell stolen military equipment. 

According to Associated Press writer Olivia Munoz (as reported on Fox News Online):
In pressing to keep Ali behind bars, prosecutors said that a search of Ali's house turned up contact information for Sheik Mohammed Ali Hassan al-Moayad in Ali's address book." 1
Moayad, also a Yemeni was convicted in New York last year of "conspiring to support and attempting to support al-Qaida and the Palestinian extremist group Hamas, and of actually supporting Hamas." 1

The case is the third foreign criminal case linked to terrorism prosecuted this year with events spanning periods over that the last three years (See the Lodi-Five and L.A. Terr cases on MLNET)

[BRIEFING]:

 There are three defendants named in the indictment, Amen Ahmed Ali and Ibrahim A. Omer and Mohamed Al-Rahimi all Yemeni-born U.S. citizens.  Two are in custody of the U.S. Federal Marshalls presumably in the jail nearby the Federal Courthouse in Fresno.  There is no indication Rahimi is in custody and may remain in Yemen.


Pre-Trial Information

The court documents were sealed on 8/31/2006 and then unsealed on 9/07/2006.  The terrorism link in the case came to light as the prosecution began to provide documents to the defense as part of discovery.  Ali was arrested by the FBI under a no bail warrant issued 8/31/2006, at his cigarette shop in Bakersfield on 9/7/2006 and arraigned before Judge Theresa A. Goldner on 9/8/2006. 

Omer was taken into custody by the FBI in Shreveport, Louisiana under a no bail warrant issued on 8/31/2006.  He was arraigned before Judge Dennis L. Beck on 10/04/2006.  His detention hearing will be on 10/06/2006.

Ali and Omer are in custody charged with all four counts in the indictment, with Rahimi only being charged with count 1. There is no history of Rahimi appearing, and the last report in the legal documents is that he was in Yemen.

On Sept 8, 2006, Ali pled not guilty. The Detention Hearing  was set to 9/13/2006 and then later changed to 9/15/2006 due to a change in attorney. At the Detention Hearing, Ali was ordered detained.  Ali's status hearing is set for 10/30/2006, before Federal Magistrate Judge Anthony W. Ishii, courtroom 2, U.S. Federal District Court, Eastern District, Fresno, California. 

On Oct 6, 2006, Omer pleaded not guilty. He will also appear for a status hearing before Judge Ishii in courtroom 2 on 10/30/2006.

On 10/30/2006, preliminary motion due dates set (motions11/27/2006, response 12/18/2006, replies 1/8/2007) and next status conference 1/8/2007.  Defendants Ali and Omer remain in custody, no word on Rahimi.  Also, discovery information provided by FISA surveillance (audio and transcripts) were ordered by Judge Ishii to be sealed and protected from disclosure to anyone but the defendants.


The Case

The case laid out in the indictment against Ali, Omer, and Rahimi proposed by the U.S. government is serious in the extreme:

Count One - GATHERING, TRANSMITTING, OR LOSING DEFENSE INFORMATION
  1. Ali at no time relevant to the period in the indictment possessed a U.S. government security clearance
  2. In October of 2005 Ali received two "SECRET" documents from source GA (a government asset (GA) under the control of federal law enforcement) as well as a CD with another ten documents.
  3. On Feb 18, 2006, Ali made a call to a person in Yemen to discuss the documents and propose sending them there for translation.
  4. On Feb 18, 2006, Ali faxed one of the documents to the person in Yemen.
  5. On Feb 20,  2006, Ali again phoned a person in Yemen to discuss sending the rest of the documents via courier
Count Two - CONSPIRACY TO UNLAWFULLY EXPORT DEFENSE ARTICLES (CONSPIRACY TO DEFRAUD THE  UNITED STATES)
  1. From Jan 2003 thru Feb 2003, Ali conspired to export banned items (munitions prohibited under the Arms Export Control Act) the following items:
    1. six Level III bulletproof vests
    2. two military fragmentation vests
    3. one class I chemical protective suit
    4. three class I chemical protective pants
    5. three class I chemical protective jackets
  2. Overt acts (by way of furthering the conspiracy)
    1. In Jan. 2003, Omer contacted American Export Lines to arrange to ship two motor vehicles to Yemen
    2. In Jan. 2003, Ali delivered to American Export Lines the title to a 1994 Toyota motor vehicle
Count Three - ATTEMPTED EXPORTATION OF ARMS AND MUNITIONS
  1. From Jan 2003 thru Feb 2003, Ali conspired to export banned items (munitions prohibited under the Arms Export Control Act) the following items:
    1. six Level III bulletproof vests
    2. two military fragmentation vests
    3. one class I chemical protective suit
    4. three class I chemical protective pants
    5. three class I chemical protective jackets

Count Four - CONSPIRACY TO POSSESS STOLEN GOVERNMENT PROPERTY (CONSPIRACY TO DEFRAUD THE  UNITED STATES)
  1. A government asset (GA) under the control of federal law enforcement  was introduced to Ali in Oct 2004
  2. GA stated he was in the U.S. Military and could steal U.S. military equipment
  3. Ali stated he was interested in purchasing stolen U.S. military equipment particulary Glock pistols
  4. In Oct, 2005, Ali instructed GA to send stolen military equipment via Fed Ex to Yemen where it would be sold
  5. In Nov, 2005, the following equipment arrived at the address in Yemen as Ali requested:
    1. one pair night vision binoculars
    2. four satellite phones
    3. two military laptop computers
  6. In Feb, 2006, the following equipment arrived at the address in Yemen as Ali requested:
    1. one ballistic vest
    2. one pair night vision goggles
    3. one satellite phone
    4. two military laptop computers
The following table lists the accused and the counts from the indictment that apply:

Accused
 Charge
Amen Ahmed Ali 1.  GATHERING, TRANSMITTING, OR LOSING DEFENSE INFORMATION
2. CONSPIRACY TO UNLAWFULLY EXPORT DEFENSE ARTICLES (CONSPIRACY TO DEFRAUD THE  UNITED STATES)
3.  ATTEMPTED EXPORTATION OF ARMS AND MUNITIONS
4.  CONSPIRACY TO POSSESS STOLEN GOVERNMENT PROPERTY (CONSPIRACY TO DEFRAUD THE  UNITED STATES)
Ibrahim A. Omer 2. CONSPIRACY TO UNLAWFULLY EXPORT DEFENSE ARTICLES (CONSPIRACY TO DEFRAUD THE  UNITED STATES)
3.  ATTEMPTED EXPORTATION OF ARMS AND MUNITIONS
Mohamed Al-Rahimi 3.  ATTEMPTED EXPORTATION OF ARMS AND MUNITIONS
4.  CONSPIRACY TO POSSESS STOLEN GOVERNMENT PROPERTY (CONSPIRACY TO DEFRAUD THE  UNITED STATES)

Note:  There is a descrepancy between the indictment charges and that which is listed on the court docket.  Omer was not originally charged with count 1 in the indictment, however the docket sheet from the court indicates differently (pn the docket he is listed as being charged in all four counts). Omer is charged in the indictment only with Counts 2 and 3 whereas the court docket says he is charged with all four.   In similar fashion, Rahimi was not charged in the indictment on Count 1, but was charged with Counts 3 and 4, yet the court docket only shows Count 1.

[SPECULATION]:  The charges will be modified accordingly OR evidence gathered after the indictment has produced the need to charge Omer with Count 1 of the indictment, ditto for Rahimi.

[ANALYSIS]:  The government's indictment does not leave much wriggle room.  The government has Ali receiving documents marked "SECRET", Ali contacting someone in Yemen to get them translated, one document being faxed, and others being packaged up and sent via courier.  The government shows Omer participating in the sale and transfer of an automobile to Yemen, the title of which was turned over by Ali.  The government has Ali requesting to purchase stolen goods the military, and Rahimi traveling to Yemen and then conspiring over the phone with Ali to sell the goods once they arrive in Yemen.  The goods travel to Yemen and are received by Rahimi.

Here is a graphic illustrating just two of the counts against Ali and his cohorts:


Click on Image to Make it Easier to Read

[OPINION]:  What is missing from the indictment's narrative is how the government knows the goods were received, how the government knows the fax was received, etc.  These are most likely pieces of evidence in the hands of Yemeni agents of the FBI or officials in the government of Yemen and these pieces will hopefully come to light during the trial.  Certainly the Defense will want to see that part of the evidence during discovery (Discovery was to be completed by 9/18/2006 for Ali and 10/14/2006 for Omer). 

It appears Rahimi remains in Yemen, it is not yet clear if he is in the hands of the FBI there, the government of Yemen, or at large. And A.P. story states he was at large on September 15, 2006. 3

[SPECULATION]:  An extradition request may be pending and he may show up in time for the trial.  The fact he has been named as a defendant would indicate that the government expects to prosecute him, which in turns would seem to indicate they have him in one form or another.  We have seen other cases where someone is a named co-conspirator but not on trial because the government does NOT have the conspirator in hand.  The naming of Rahimi might be part of the process to convince the Yemeni authorities to release him...he is after all, a U.S. citizen.

Updates:

10/30/2006:  [BRIEFING]:  The preliminary motion due dates set (motions11/27/2006, response 12/18/2006, replies 1/8/2007) and next status conference 1/8/2007.  Defendants Ali and Omer remain in custody, no word on Rahimi.  Also, discovery information provided by FISA surveillance (audio and transcripts) were ordered by Judge Ishii to be sealed and protected from disclosure to anyone but the defendants.

10/06/2006:  [BRIEFING]:  Accused Omer went before Judge Dennis Beck for a Detention hearing and was released on a $150,000 unsecured bond and $7,000 cash (and surrender or passport - receipt). He is to return on 10/30/2006 for a hearing before Judge Ishii.



The Documents:
  1. Indictment, August 31, 2006, Ali et al.
  2. Arrest Warrant, Amen Ahmed Ali, 8/31/2096 (executed 9/7/2006)
  3. Arrest Warrant, Ibrahim A. Omer, 8/31/2006 (executed 9/7/2006)
  4. Detention Order, Ali, 9/15/2006
  5. Bond Receipt, Omer, 10/06/2006
  6. Release Order, Omer, 10/06/2006
  7. Protective Order for FISA Materials, 10/30/2006
  8. Docket Report, Ali et al., filed 8/31/2006, updated regularly
  9. The U.S. Federal Court System, MILNET, July 4, 2005


Sources:
  1. Yemeni Man Accused of Terrorist Links, Olivia Munoz, Associated Press, Fox News Online, 9/15/2006
  2. Prosecutors: Man Charged in Stolen Secrets Case Tied to Terrorists, Associated Press, Fox News Online, 9/15/2006
  3. Man Charged in Secrets Case Tied to Terror Financier, A.P., ABC News Online, 9/15/2006


Note:  The  following terms define sections in this report:

Term
 Meaning
ANALYSIS
 An analysis of the facts present, the "expert" or "educated" opinion of the authors, attempting to ignore any personal bias.  All analysts bring a certain amount of bias to their work, however, in sections marked ANALYSIS, the authors proofread to eliminate what could easily be bias rather than logical conclusions of the facts involved.
BRIEFING
 Substantial factual content, authors do their best to ensure removal of bias, speculation or unconfirmed facts. Typically MILNET requires more than one source and usually three.  This also includes original sources -- i.e. four newspaper deriving their stories from the same A.P. story is considered a single source.
OPINION
 An opinionated response which analyzes the information based upon life experience and may incorporate the author's personal bias on political issues.  OPINION will allow personal bias to color judgments and conclusions where logical conclusions may not be clearly drawn or possible to discern.
SPECULATION
 MILNET's authors may, from time-to-time, speculate as to the underlying causes, hidden facts, or rationale behind a particular issue or news story.  While speculation is usually wrong and may be dangerous, it helps the reader understand the origin of fears or concerns of people involved in and around a particular issue or event.  This speculation may also make it possible to point to answers to solving the human problems associated with certain problems -- for instance, speculating on why someone reacts violently to a suggestion might indicate how communication can be used to prevent that occurance again, or perhaps prevent it from occuring at all by taking care of the problem up front.

© Copyright 2006, Michael G. Crawford for MILNET