MILNET Brief
  New York Aid to Terrorism, 9/30/2006

"SHAH agreed to provide training in martial arts and hand-to-hand to Al-Qaeda members and associates, while SABIR agreed to provide medical assistance to wounded jihadists..."

- DoJ (FBI) Complaint , U.S. vs. Tarik Ibn Oshman Shah and Rafiq Sabir, 5/27/2005 

U.S. Vs. Rafiq Sabir and Tarik Shah
U.S. vs. Mahmud Faruq Brent
U.S. vs.
Abdulrahman Farhane

This case is part of a wider investigation linking to another case well known as the Virginia Paintballer case.  In essence, the two individuals in this case, Sabir and Shah, are accused of swearing allegiance to Al-Qaeda and then conspiring to provide aid to would-be Al-Qaeda recruits in the form of martial arts/hand-to-hand combat training (Shah) and caring for wounded Jihadists (Sabir).

The case hinges on and FBI informant as well as connections to defendant Chapman and Brent in the paintballer case.  Lawyers for the two in this case attempted to get the case dismissed on the premise that the FBI went over the line in encouraging the two to build their conspiracy, claiming the entire case was one of gross entrapment.  On 10/31/2006, a Judge refused the motion and the case continues forward.

In a rather odd twist, it is Shah who is the FBI informant in the Brent case, Shah consenting to being recorded as he lays the sting operation on against Brent.    Shah in this case is treated as a paid informant who is receiving sentencing consideration for his aid to the FBI.

Brent is also linked to Seifullah Chapman also convicted in the Virginia Paintballer case.

PRELIMINARY TRIAL DATE set for 4/23/2007.

Below is a table of the defendants and the charges against each:

Defendant
Charges
Tarik Ibn Osman Shah
Title 18, Sec 2339A - Conspiracy to provide aid and support to a terrorist organization (Al-Qaeda)  (10/2003 to 05/2005 with Sabir)
Title 18, Sec 2339A - Provided aid and support to a terrorist organization (Al-Qaeda) 
(10/2003 to 05/2005 with Sabir)
Title 18, Sec 2339A - Conspiracy to provide aid and support to a terrorist organization (Al-Qaeda)  (11/2001 to 06/2005 with Farhane)
Title 18, Sec 956, Conspiring to kill, kidnap, maim and injure persons and to damage and destroy property (with Farhane)
Rafiq Sabir
Title 18, Sec 2339A - Conspiracy to provide aid and support to a terrorist organization (Al-Qaeda)  (10/2003 to 05/2005 with Shah)
Title 18, Sec 2339A - Conspiracy to provide aid and support to a terrorist organization (Al-Qaeda)  (10/2003 to 05/2005 with Shah)
Title 18, Sec 2339A - Provided aid and support to a terrorist organization (Al-Qaeda) 
Mahmud Faruq Brent
Title 18, Sec 2339A - Conspiracy to provide material support to a terrorist organization (Lashkar-e-Taiba) - Travel and Attendance in Terrorist Training Camp in Pakistan
Title 18, Sec 2339A - Conspiracy to provide material support to a terrorist organization (2001-May 2005 with Shah)
Abdulrahman Farhane
Title 18, Sec 2339A - Conspiracy to provide aid and support to a terrorist organization (Al-Qaeda)  (11/2001 to 06/2005)
Title 18, Sec 956, Conspiring to kill, kidnap, maim and injure persons and to damage and destroy property (with Shah)
Title 18, Sec. 1001(a)(2) - Made materially false statements to the FBI in connection with a terrorist investigation



The Documents:
  1. The Complaint (Sabir and Shah), Federal Bureau of Investigation, for the purposes of probable cause, 5/27/2005
  2. DOJ Statement, (Sabir and Shah), U.S. Attorney10/11/2006
  3. DOJ Statement, Brent, Federal Bureau of Investigation, August 4, 2005
  4. Indictment, DOJ, 11/07/2005
  5. Intent to Use FISA Evidence, DOJ, 11/29/2005
  6. Third Superceding Indictment, U.S. Grand Jury, 2/08/2006
  7. Docket Report, U.S. District Court, Southern District of New York


Sources:

  1. Not Guilty Pleas to Terror Charge, A.P., CBS News, 12/01/2005
  2. Judge Refuses to Toss Terror Case, Larry Neumeister, A.P., Fox News, 10/31/2006



© Copyright 2006, Michael G. Crawford for MILNET