Defendant Allegedly Responsible for a Vehicle-Borne
Improvised Explosive Device Attack against U.S. Military Base in Afghanistan in
January 2009
A superseding indictment was obtained today in federal court
in the Eastern District of New York, adding charges against Muhanad Mahmoud Al
Farekh, 30, an American citizen, for conspiracy to murder U.S. nationals, use
of explosives, conspiracy to use a weapon of mass destruction and conspiracy to
bomb a government facility. These new
charges arise out of Farekh’s participation in an attack on a U.S. military
base in Afghanistan in January 2009. As
set forth in the superseding indictment and in other publicly available
information, Farekh assisted in the preparation of a vehicle-borne improvised
explosive device (VBIED) for use in the attack.
On or about Jan. 19, 2009, two co-conspirators drove vehicles to the
U.S. military base in Afghanistan. The
first co-conspirator detonated the VBIED in his vehicle during the attack on
the military base. The second
co-conspirator drove a truck containing a second VBIED to the military base,
but did not detonate that device.
Farekh’s fingerprints were subsequently recovered from packing tape on
the VBIED that did not detonate.
The superseding indictment also charges that, between
December 2006 and September 2009, Farekh provided, attempted to provide and
conspired to provide material support to al-Qaeda. The superseding indictment includes the
charges from the original indictment, unsealed on May 28, 2015, that Farekh
provided, attempted to provide and conspired to provide material support to
terrorists. The defendant is scheduled
to be arraigned on the new charges on Jan. 7, 2016, at 12 p.m. EST at the U.S.
District Court for the Eastern District of New York, before U.S. District Judge
Brian M. Cogan of the Eastern District of New York.
The superseding indictment was announced today by Assistant
Attorney General for National Security John P. Carlin, U.S. Attorney Robert L.
Capers of the Eastern District of New York, Assistant Director in Charge Diego
G. Rodriguez of the FBI’s New York Field Office and Commissioner William J.
Bratton of the New York City Police Department (NYPD).
“Muhanad Mahmoud Al Farekh is charged with conspiring to
kill Americans overseas for his role in a VBIED attack on a U.S. military
installation in Afghanistan,” said Assistant Attorney General Carlin. “Counterterrorism is the highest priority of
the National Security Division, and we will continue to use all tools available
to bring to justice those who seek to harm American servicemen and women who
bravely risk their lives in defense of our nation.”
“Farekh, a citizen of the United States, allegedly turned
his back on our country and tried to kill U.S. soldiers in the course of
executing their sworn duty to keep us safe,” said U.S. Attorney Capers. “Today’s charges demonstrate that the
patriotism and service of the members of our armed forces will never be forgotten
and that we will make every effort to prosecute those who would harm our
country and our armed forces to the full extent of the law.”
“This indictment demonstrates justice has no bounds and the
United States government will seek to investigate and prosecute crimes against
Americans, no matter where they take place,” said Assistant Director in Charge
Rodriguez. “The FBI stands alongside our
military and law enforcement partners to hold criminals accountable for their
actions. Special thanks to the FBI
agents and NYPD detectives on our JTTF, who have conducted a thorough global
investigation.”
“This superseding indictment demonstrates the NYPD and FBI's
commitment to arrest those who commit acts of terror--from Arthur Avenue to
Afghanistan,” said Commissioner Bratton.
“This thwarted plot is strikingly familiar to the attack that killed
Detective Lemm last week in Afghanistan. We will continue working on every
corner of the globe to arrest and charge those who attack our men and women in
uniform.”
As alleged in other publicly-filed documents, in
approximately 2007, Farekh and two co-conspirators departed Canada for Pakistan
with the intention of fighting against American forces. They did not inform their families of their
plan before departing, but called a friend in Canada upon arrival to let him
know that he should not expect to hear from them again because they intended to
become martyrs. One of Farekh’s
co-conspirators – Ferid Imam – subsequently provided weapons and other
military-type training at an al-Qaeda training camp in Pakistan in
approximately September 2008, according to public testimony in previous EDNY
criminal trials. Among Imam’s trainees
were three individuals – Najibullah Zazi, Zarein Ahmedzay and Adis Medunjanin –
who intended to return to the United States to conduct a suicide attack on the
New York City subway system. Zazi and
Ahmedzay pleaded guilty pursuant to cooperation agreements and have yet to be
sentenced; Medunjanin was convicted after trial and sentenced to life in prison. Ferid Imam has also been indicted for his
role in the plot.
If convicted, the defendant faces a mandatory minimum
sentence of seven years in prison and a maximum sentence of life
imprisonment. Any potential sentence
will be determined by the court after review of factors unique to this case,
including the defendant’s prior criminal history, if any, the defendant’s role
in the offense and the characteristics of the violation.
The charges in the indictment are merely allegations, and
the defendant is presumed innocent unless and until proven guilty.
Assistant Attorney General Carlin joined U.S. Attorney
Capers in extending his grateful appreciation to the FBI’s Joint Terrorism Task
Force. The case is being prosecuted by
Assistant U.S. Attorneys Zainab Ahmad, Richard M. Tucker and Douglas M. Pravda
of the Eastern District of New York, with assistance provided by Trial Attorney
Kiersten Korczynski of the National Security Division’s Counterterrorism
Section.
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