Virginia Man Sentenced to 11 Years in Prison for Attempting to Provide Material Support to ISIL

Mahmoud Amin Mohamed Elhassan, 26, of Woodbridge, Virginia, was sentenced today to 11 years in prison and 10 years supervised release for attempting to provide material support and resources to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, and making false statements to the FBI.

Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Dana J. Boente for the Eastern District of Virginia and Assistant Director in Charge Andrew W. Vale of the FBI’s Washington Field Office made the announcement, after sentencing by U.S. District Judge Anthony J. Trenga.

Elhassan, who is originally from Sudan, pleaded guilty on Oct. 24, 2016. According to court documents, Elhassan aided and abetted the attempt of Joseph Hassan Farrokh, 29, of Woodbridge, to travel from the U.S. to Syria in order to fight on behalf of ISIL. As part of their plan, Farrokh would travel first, followed by Elhassan at a later date. Farrokh and Elhassan spoke in detail about their potential travel, including discussing the different routes each would take to travel to Syria. Farrokh also provided $600 to Elhassan to aid in Elhassan’s future travel to Syria. Both men spoke openly with each other about supporting ISIL and violent jihad, with Farrokh saying on Oct. 2, 2015, that he had no patience and wanted to go right away and “chop their heads.”

According to the statement of facts, in an effort to conceal their plans to support ISIL, Farrokh and Elhassan communicated using apps they believed were safe from law enforcement detection. In the summer of 2015, Farrokh and Elhassan talked more seriously about going to join ISIL and concluded that they needed someone to help them do so. Elhassan contacted like-minded people all over the world and the men pursued two separate plans to travel to Syria to join ISIL, but neither plan worked out.

According to the statement of facts, Farrokh and Elhassan conspired with other persons they believed would help facilitate their travel to Syria. Over the course of many meetings, the men discussed in detail their travel plans and efforts to avoid law enforcement detection, including Farrokh shaving his beard and flying out of Richmond International Airport, where they believed there would be less security. Farrokh and Elhassan agreed that Farrokh should tell his family that he intended to travel to Saudi Arabia to study.

According to court documents, on Jan. 15, 2016, Elhassan picked up Farrokh at his home in Woodbridge and drove him to Richmond to a location approximately one mile from the airport. Farrokh then took another cab to the airport, checked in for his flight, cleared security and (unbeknownst to Elhassan) was arrested as he was approaching his departure gate. When approached by investigators later that day, Elhassan falsely stated to special agents of the FBI that (a) Joseph Hassan Farrokh had flown out of Dulles Airport earlier that day on a flight to California to attend a funeral; (b) Farrokh had said that he would be back in about two weeks; (c) neither he nor Farrokh supported ISIL; and (d) neither he nor Farrokh ever tried to find someone to help them get to ISIL territory.

Assistant U.S. Attorneys Gordon D. Kromberg and Dennis Fitzpatrick prosecuted the case with assistance from Trial Attorneys Andrew Sigler and Justin Sher of the National Security Division’s Counterterrorism Section.

Enrique Marquez Jr. Agrees to Plead Guilty to Plotting Violent Attacks and Buying Firearms for Shooter in San Bernardino Terrorist Attack

RIVERSIDE, California – Enrique Marquez Jr. – a longtime friend of Syed Rizwan Farook, the male shooter in the San Bernardino terrorist attack – has agreed to plead guilty to conspiring with Farook in 2011 and 2012 to provide material support to terrorists.

Marquez, 25, of Riverside, entered into a plea agreement that was filed today in United States District Court. The defendant is scheduled to enter his guilty pleas Thursday morning at 9:00 a.m. before United States District Judge Jesus Bernal.

In the plea agreement, Marquez agreed to plead guilty to providing material support and resources to terrorists, including weapons, explosives and personnel. Marquez admitted in the plea agreement that he conspired with Farook in 2011 and 2012 to attack Riverside City College (RCC) and commuter traffic on the 91 Freeway.

Marquez also agreed to plead guilty to making false statements in connection with the acquisition of a firearm for being the "straw buyer" of two assault rifles that were used in the shooting rampage at the San Bernardino Inland Regional Center (IRC) on December 2, 2015.

"This defendant collaborated with and purchased weapons for a man who carried out the devastating December 2, 2015 terrorist attack that took the lives of 14 innocent people, wounded nearly two dozen, and impacted our entire nation," said United States Attorney Eileen M. Decker. "While his earlier plans to attack a school and a freeway were not executed, the planning clearly laid the foundation for the 2015 attack on the Inland Regional Center. When this defendant pleads guilty, all four individuals charged, including three of the shooters’ family members, will be convicted. Everyone in the U.S. Attorney’s Office – and everyone across the Department of Justice and the broader law enforcement community – brought their expertise, dedication, and tireless effort to bear on this investigation. We are, and will continue to be, deeply committed to pursuing the prosecution of everyone who was even remotely related to the San Bernardino attack. As these criminal cases begin to resolve, we hope that the victims of the attack and the community of San Bernardino are comforted in some small way by the knowledge that the Department of Justice and the law enforcement community stands with them in this investigation, resolute and committed to justice."

"With this plea, Enrique Marquez Jr. will be held accountable for his role in plotting terrorist attacks on American soil with Sayed Rizwan Farook in 2011 and 2012, attacks which were, fortunately, not carried out," said Acting Assistant Attorney General for National Security Mary B. McCord. "Marquez also admitted to making a false statement as part of his straw purchases of weapons for Farook – weapons that were eventually used to carry out the deadly terrorist attack in San Bernardino. Holding those who threaten our national security and public safety accountable will always be the highest priority of the National Security Division and I want to thank all of the agents, analysts, and prosecutors who are responsible for this result."

Marquez was arrested about two weeks after the attack at the IRC, which was perpetrated by Farook, and his wife, Tashfeen Malik, who were killed in a shootout with law enforcement hours after the attack.

The investigation into the deadly shooting quickly uncovered evidence that, in 2011 and 2012, Marquez purchased two rifles that Farook and Malik later used in the attack that killed 14 people and wounded 22 others at the IRC. A law enforcement officer was wounded during the shootout that afternoon.

According to the plea agreement, Farook paid Marquez for the rifles. Marquez also discussed with Farook the use of radio-controlled improvised explosive devices (IEDs) during the planned attacks on the RCC and State Route 91. Marquez purchased Christmas tree lightbulbs and a container of smokeless powder for use in manufacturing IEDs.

"Defendant Marquez purchased two of the weapons used in the San Bernardino terror attack to murder 14 innocent people and seriously injure 22 others – a horrific act which led to great suffering and a lifetime of pain for the survivors and for the loved ones of those murdered," said Deirdre Fike, the Assistant Director in Charge of the FBI's Los Angeles Field Office. "Defendant Marquez provided these weapons to his associate, Syed Rizwan Farook, with whom he conspired to plot chilling terror attacks. I’m gratified that this guilty plea will spare the victims and the San Bernardino community from having to relive the gruesome details of the attack during what would likely be a lengthy trial."

Once he pleads guilty, Marquez will face a statutory maximum sentence of 25 years in federal prison.

Marquez, who did not personally participate in the attack on the IRC, has remained in custody since he was ordered detained at his initial court appearance in this case on December 17, 2015.

The plea agreement filed today is the result of an investigation by several members of the Inland Empire Joint Terrorism Task Force, including agents and detectives from the Federal Bureau of Investigation; the San Bernardino Police Department; the San Bernardino County Sheriff’s Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the Riverside County Sheriff’s Department; the San Bernardino County District Attorney’s Office; the Chino Police Department; the Redlands Police Department; the Ontario Police Department; the Corona Police Department; and the Riverside Police Department.

"Straw purchasers are criminals who are the beginning of the chain of violence in our country," said ATF Special Agent in Charge Eric D. Harden. "It is purchases like Marquez’s that led to the terror on that tragic day in San Bernardino. The crime goes beyond making a false statement on a government form. It puts guns in the hands of criminals who will victimize the community. In this case, the straw purchase is as reprehensible as the attack.

"This guilty plea will bring much needed closure to a case that devastated those victims and families associated with the senseless attack on December 2, 2015, an attack that also deeply impacted our community," said San Bernardino Police Chief Jarrod Burguan. "This case a perfect example of local and federal authorities working together with a common purpose for the sake of the victims."

San Bernardino County Sheriff John McMahon stated: "December 2nd will forever haunt the memories of the victims’ families and the survivors who have lived through the tragedy. I pray today's guilty plea brings all of us a bit of justice."

Also as a result of the investigation into the IRC attack, three people have pleaded guilty to being part of a sham marriage scheme in which a Russian woman "married" Marquez to obtain immigration benefits.

Syed Raheel Farook, the brother of IRC attacker Syed Rizwan Farook; Tatiana Farook, who is Syed Raheel Farook’s wife; and Mariya Chernykh, who is Tatiana Farook’s sister, pleaded guilty earlier this year to immigration fraud charges and admitted being part of conspiracy in which Chernykh paid Marquez to enter into a bogus marriage.

The case against Marquez and the immigration fraud case are being prosecuted by Assistant United States Attorneys Jay H. Robinson, Melanie Sartoris and Deirdre Z. Eliot of the Terrorism and Export Crimes Section. Trial Attorney C. Alexandria Bogle of the National Security Division’s Counterterrorism Section provided substantial assistance.

Missouri Man Charged With Attempting to Provide Material Support to ISIS

Robert Lorenzo Hester, Jr., 25, of Jefferson City, Missouri, was charged in a criminal complaint with attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization. Hester was charged in federal court based on his role in making preparations to launch a terrorist attack with persons he believed were associated with ISIS, who were actually undercover law enforcement personnel.

The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Tammy Dickinson for the Western District of Missouri and Special Agent in Charge Eric Jackson of the FBI’s Kansas City Field Office.

“As alleged in the complaint, Robert Lorenzo Hester, Jr. attempted to provide material support to ISIS by participating in what he believed would be a deadly attack committed in the name of the foreign terrorist organization,” said Acting Assistant Attorney General McCord. “Countering terrorist threats remains the highest priority of the National Security Division, and we will continue our efforts to identify and hold accountable those who seek to commit acts of terrorism within our borders.”

“First on social media, then during face-to-face meetings with an undercover FBI employee, this defendant repeatedly expressed his intent to engage in acts of violent jihad against the United States,” said U.S. Attorney Dickson. “He believed he was part of an ISIS-sponsored terrorist attack that would result in the deaths and injuries of many innocent victims. He readily participated in the preparations for an attack, provided materials and resources for an attack and voiced his intent to carry out an attack. I commend the FBI for protecting the public from a security threat.”

“Terrorism knows no demographic boundaries and remains the FBI’s top priority,” said Special Agent in Charge Jackson. “The arrest of Hester is the culmination of an extensive FBI investigation and demonstrates the challenges law enforcement faces in identifying individuals intent on causing harm.”

Hester, who remains in federal custody, was arrested on February 17, when he arrived at an arranged meeting with an undercover law enforcement employee. The criminal complaint was signed on Sunday and made public today, when Hester made his initial court appearance.

According to an affidavit filed in support of the criminal complaint, throughout the investigation, Hester expressed his interest in and exhibited his willingness to commit violence in support of ISIS – and he attempted to provide material support to ISIS by assisting in what he believed would be a murderous terrorist bombing and gunfire attack committed in the name of the foreign terrorist organization.

Hester is a U.S. citizen who was born in Missouri. He was enlisted in the U.S. Army for less than a year, receiving a general discharge from service in mid-2013.

FBI agents undertook a review of Hester’s publicly available posts on multiple social media accounts in September 2016. On Oct. 3, 2016, Hester was arrested by the Columbia, Missouri, Police Department in an unrelated case and remained in state custody until he was released on bond on Oct. 13, 2016. His bond conditions included electronic monitoring. While Hester was being monitored, FBI undercover employees maintained regular contact with him via an encrypted messaging app and text messages, and met with him on several occasions.

On January 24, Hester pleaded guilty in state court to property damage and unlawful use of a weapon and was released on his own recognizance. Hester was no longer on electronic monitoring after that date. FBI undercover personnel continued to meet in person with Hester and communicate with him electronically.

Hester agreed to meet again with an FBI undercover employee on February 17. When Hester arrived for that meeting, he was arrested. Hester was the sole subject of this undercover investigation.

Undercover Investigation

According to the affidavit, the investigation began when the FBI became aware (through multiple confidential sources) of Hester’s social media posts, in which he expressed animus towards the U.S. and suggested an adherence to radical Islamic ideology and a propensity for violence. Hester used several online aliases, including “Mohammed Junaid Al Amreeki,” “Junaid Muhammad,” “Rabbani Junaid Muhammad,” “Rami Talib” and “Ali Talib Muhammad.”

On Oct. 3, 2016, Hester was arrested by Columbia police officers after an incident in the parking lot of a grocery store. Hester, who appeared to be in an argument with his wife, threw a folded pocket knife through a plate-glass window near the entrance of the store. When store employees confronted Hester, he assumed an aggressive stance and forcefully placed his hand into the diaper bag he was carrying in a manner that appeared to be reaching for a weapon. Police officers later recovered a 9mm handgun from the diaper bag. Hester was in custody until Oct. 13, 2016, when he was released on bond and placed on electronic monitoring.

On Oct. 15, 2016, two days after Hester’s release on bond, an FBI employee using an undercover identity contacted Hester by private message. The FBI employee had accepted a friend request from Hester the day before Hester was arrested for the grocery store incident. They continued to communicate via social media, text and an encrypted messaging app, the affidavit says, during which Hester presented himself as a security threat, stating, for example, that the U.S. government should be “overthrown,” and suggesting “hitting” the government “hard,” while noting that it would not be “a one man job.” Hester identified categories of potential targets for attack and said he wanted a “global jihad.” Hester stated that he was trying to find like-minded people to help. When the undercover employee mentioned “brothers,” Hester said he wanted to meet them.

Hester then established that he would act on the statements he made online. In early November 2016, the affidavit says, Hester made arrangements with the undercover employee – whom he never met in person – to meet with “one of the brothers.” The undercover employee arranged this meeting with another undercover FBI employee.

During a January 31 meeting, the undercover employee provided Hester with a list of items to purchase, including 9-volt batteries, duct tape, copper wire and roofing nails. The undercover employee implied that these items would be used to make bombs, the affidavit says, stating that those materials are needed “to make … things … to bring some kind of destruction.” Hester allegedly responded by stating: “I’m just ready to help. I’m ready to help any way I can.” When the undercover employee stated that what they were planning was “going to bring them to their knees … and then they gonna know to fear Allah,” Hester expressed his anticipation by stating: “I can’t wait. I can’t wait.”

Hester and the undercover employee agreed to meet again at Hester’s residence the next day. When the undercover employee arrived, the affidavit says, Hester gave him the items he had purchased. The undercover employee told Hester they were planning something “10 times more” than the Boston Marathon bombing, and Hester expressed his approval. The undercover employee told Hester that they were planning on “killing a lot of people.” The undercover employee told Hester that he could “walk away,” the affidavit says, but Hester said, “I’m down.” The undercover employee told Hester they were going to “wage all kinda war,” and Hester again expressed his approval.

The undercover employee then pulled back blankets in the back of the SUV to show Hester three AK-47 style rifles and two .45-caliber handguns. The undercover employee told Hester that, while they had plenty of firearms, they needed more ammunition. Hester stated that he could not purchase ammunition because of his state charges, but that he had a friend that could get ammunition for him. Hester stated that he would have money to purchase ammunition after he received his tax refund and after he was paid in a couple of weeks.

The undercover employee also opened a backpack, which contained pieces of pipe with end caps attached in the manner of pipe bombs, along with cord-like safety fuse, stating, “these are bombs right here.” The undercover employee explained that the duct tape Hester provided would be used to tape the bombs together, which Hester acknowledged, and that the nails Hester provided would “cut peoples’ heads off.” Hester responded: “Oh yeah. I know,” indicating that he understood the nails were to be used as shrapnel for bombs.

The undercover employee stated that they had more backpacks that they were going to put in different locations. Hester acknowledged that he understood, and stated that they had to be smarter than the Boston Marathon bombers. Hester again confirmed that he was “down,” the affidavit says, and that he understood they had to “lay low” and act in a manner to avoid detection.

The undercover employee stated that they were going to “strike fear in all these infidel hearts,” and Hester responded that he agreed and that he was ready.

According to the affidavit, Hester contacted the first undercover employee via text message on February 2, and indicated he would “have some more stuff … in a couple of weeks when I get paid.” Hester asked the undercover employee, “When you talk to the brother again let him know I’ll have some more gifts in a couple of weeks.”

On February 4, 6, 7, 11 and 16 Hester communicated with an undercover employee via an encrypted messaging app. Hester said that he was excited, that he was “happy to be part” of it, and that it was “time they answer for their atrocities.” Hester predicted that it was “going to be a good day for Muslims worldwide.” Hester asked how the “party plan” was coming along and reiterated that he would get more “supplies.” The undercover employee told Hester that the “party” would take place on Presidents’ Day and that the targets of the operation would include busses, trains and a train station in Kansas City. Hester said, according to the affidavit, that it felt “good to help strike back at the true terrorist.”

On February 17, Hester met again with the second undercover employee and brought two additional boxes of  roofing nails. Hester accompanied the undercover employee to a nearby storage facility, where the two examined the security cameras. Hester was arrested shortly thereafter.

The charge contained in this complaint and the assertions in the supporting affidavit are simply an accusation, and not evidence of guilt. A defendant is presumed innocent unless and until proven guilty in a court of law.

This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorneys Brian P. Casey and David Raskin, with the assistance of Trial Attorney Jennifer Levy of the National Security Division’s Counterterrorism Section.