Assistant Attorney General for National Security John P.
Carlin, U.S. Attorney Preet Bharara for the Southern District of New York and
Assistant Director-in-Charge Andrew G. McCabe of the FBI’s Washington, D.C.
Office announced today the extradition of Minh Quang Pham, aka “Amin,” from the
United Kingdom. Pham, a Vietnamese
national, was indicted in 2012 on charges of providing material support to, and
receiving military training from, al Qaeda in the Arabian Peninsula (AQAP), a
designated foreign terrorist organization, as well as possessing and using a
firearm in furtherance of crimes of violence, and other violations. Pham was presented yesterday before U.S.
Magistrate Judge Andrew J. Peck, and will be arraigned tomorrow, March 4, 2015,
before U.S. District Judge Alison J. Nathan.
“As alleged, Minh Quang Pham surreptitiously traveled from
the UK to Yemen in late 2010 and received terrorist training by AQAP,” said
U.S. Attorney Bharara. “During the half
year he spent in Yemen, Pham allegedly vowed to wage jihad, swore bayat, and
provided material support to high-level AQAP members, almost always brandishing
a Kalashnikov rifle. Through the
vigilance and investigative efforts of our British partners and the FBI, Pham
is now in the U.S. to face American justice.”
“Today’s material support charges outline that Minh Quang
Pham received military-style training and possessed weapons to commit crimes of
violence on behalf of al Qaeda in the Arabian Peninsula,” said Assistant
Director in Charge McCabe. “This investigation
and subsequent extradition of Pham from the UK speaks to the level of
commitment of the FBI and our national and international law enforcement and
intelligence community partners to bring this dangerous terrorist to face
justice in the United States."
According to the Indictment and extradition-related filings:
In December 2010, after informing his wife that he planned
to travel to Ireland, Pham traveled from the United Kingdom, where he resided,
to Yemen, the principal base of operations for AQAP. AQAP was designated by the U.S. Department of
State as a foreign terrorist organization in January 2010 based, in part, on
its claims of responsibility for attempted terrorist attacks against the United
States. For example, AQAP claimed
responsibility for the attempted Christmas Day bombing of a Detroit-bound
passenger plane from Europe in 2009.
Further, AQAP later claimed responsibility for an October 2010 plot to
send explosive-laden packages on U.S.-bound cargo flights.
While in Yemen, Pham met a person who later became a
cooperating witness for the United States (CW-1). CW-1 knew Pham as “Amin,” and met
face-to-face with him at several AQAP safehouses in Yemen during March and
April 2011. According to CW-1, CW-1
first learned about Pham via email correspondence with a now deceased United
States citizen, who was a prominent AQAP member (American CC-1). CW-1 first met Pham at an AQAP safehouse in
Yemen in or about March 2011, where CW-1 observed Pham carrying a Kalashnikov
assault rifle. CW-1 stated that he
observed Pham carrying the assault rifle throughout almost all of his
interactions with Pham in Yemen. In
conversations with CW-1, Pham told CW-1 that he had been trained in the use of
the Kalashnikov assault rifle by AQAP while in Yemen. Further, Pham told CW-1 that he (Pham) had
traveled to Yemen in order to join AQAP, to wage jihad on behalf of AQAP and to
martyr himself for AQAP’s cause. Pham
also told CW-1 that he (Pham) had sworn bayat in the presence of an AQAP
commander prior to leaving Yemen.
CW-1 also witnessed Pham’s interactions with American CC-1
and a second United States citizen (American CC-2), also now deceased, who was
also a prominent AQAP member. CW-1
observed PHAM working closely with American CC-1, who was responsible for
editing and publishing Inspire magazine – an English-language publication used
by AQAP to distribute propaganda and recruit individuals from Western cultures
to join and/or support AQAP. In or about
October 2010, AQAP released the second issue of Inspire magazine, which
included a feature article entitled “I Am Proud to be a Traitor to America,”
written by American CC-2. In addition,
Pham told CW-1 that Pham was working with American CC-1 and that he (Pham) had
spent time at no fewer than three AQAP safehouses. During CW-1’s time at the AQAP safehouses
where Pham had also been, CW-1 also spoke with American CC-1 and American CC-2
about Pham and understood from them that Pham was providing valuable assistance
to American CC-1 in connection with the production and editing of Inspire
magazine.
On July 27, 2011, Pham returned to the United Kingdom. Upon his arrival at London’s Heathrow
International Airport, United Kingdom authorities detained and searched
Pham. Materials recovered from Pham at
this time corroborate CW-1’s account of CW-1’s interactions with Pham while in
Yemen. For example, CW-1 stated that,
while in Yemen, CW-1 personally exchanged various electronic documents with
Pham – and Pham was found in possession of various electronic media that
contained computer files forensically identical to those possessed by
CW-1. In addition, CW-1 reported that
Pham almost always carried a Kalashnikov in Yemen – and upon his arrival in the
United Kingdom from Yemen, Pham was found to be in possession of a live round
of .762 caliber armor-piercing ammunition, which is consistent with ammunition
that is used in a Kalashnikov assault rifle.
* * *
The indictment charges Pham with five separate counts: one
count of conspiracy to provide material support to AQAP; one count of providing
material support to AQAP; one count of conspiracy to receive military-type
training from AQAP; one count of receiving military-type training from AQAP;
and one count of using, carrying, and possession of a firearm (machine gun) in
furtherance of crimes of violence (counts one though four).
If convicted on all counts, Pham faces a maximum sentence of
life in prison, with a mandatory minimum sentence of 40 years in prison. The maximum sentences for each of the charges
are reflected in the attached chart. The
maximum potential sentences in this case are prescribed by Congress and are
provided here for informational purposes only, as any sentencing of the
defendant will be determined by a judge.
Pham, 32, was arrested in the United Kingdom on June 29,
2012, pursuant to a provisional arrest warrant issued by U.K. authorities
pursuant to a request from the United States.
Since that time, Pham has challenged his extradition to the United
States. On Feb. 3, 2015, a court in the
United Kingdom denied Pham’s challenge, and ordered him extradited to the
United States. Pham arrived in the
Southern District of New York on Feb. 26, 2015.
Assistant Attorney General Carlin joined U.S. Attorney
Bharara in praising the extraordinary investigative work of the FBI’s
Washington Field Office. He also
expressed his gratitude to the New York Joint Terrorism Task Force – which
principally consists of agents from the FBI and detectives from the New York
City Police Department – for the critical role it played in the
investigation. In addition, Assistant
Attorney General Carlin and U.S. Attorney Bharara thanked the Department of
Defense, and the British authorities, including New Scotland Yard and the Crown
Prosecution Service, for their cooperation in the investigation. Finally, he expressed thanks for the
invaluable work of the Office of International Affairs in pursuing Pham’s
extradition from the United Kingdom.
This case is being handled by the Terrorism and
International Narcotics Unit of the U.S. Attorney’s Office for the Southern
District of New York. Assistant U.S.
Attorneys Anna M. Skotko, Sean S. Buckley and Ian McGinley are in charge of the
prosecution.
The charges contained in the Indictment are merely
allegations, and the defendant is presumed innocent unless and until proven
guilty.
Posts
No comments:
Post a Comment