Pakistani Citizen Sentenced to 50 Months in Prison for Conspiracy to Provide Material Support to the Pakistani Taliban

Two Co-Defendants Previously Sentenced to 40 and 36 Months in Prison

WASHINGTON—A Pakistani citizen was sentenced today in the District of Columbia to 50 months in prison for conspiracy to provide material support to the Tehrik-e Taliban Pakistan (TTP), often referred to as the Pakistani Taliban, a designated foreign terrorist organization. Two co-defendants were sentenced for the same charge in December 2011 to 40 and 36 months in prison.

The sentences were announced by Assistant Attorney General for National Security Lisa Monaco; Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Ronald C. Machen Jr. for the District of Columbia; John Morton, Director of U.S. Immigration and Customs Enforcement (ICE); and John V. Gillies, Special Agent in Charge of the FBI Miami Division as well as international law enforcement agents.

Irfan Ul Haq, 37, was sentenced today by U.S. District Judge John D. Bates. On Dec. 21, 2011, Judge Bates sentenced Qasim Ali, 32, to 40 months in prison, and Zahid Yousaf, 43, to 36 months in prison. On Sept. 12, 2011, each defendant pleaded guilty to one count of conspiracy to provide material support to a designated foreign terrorist organization. As part of their plea agreements, the defendants agreed to a stipulated order of removal to Pakistan upon the completion of their criminal sentences.

“This case underscores our continuing commitment to dismantle networks that facilitate terrorist travel,” said Assistant Attorney General Monaco. “I thank the many agents, analysts and prosecutors who were responsible for this successful prosecution.”

“Mr. Haq conspired with others to smuggle into the United States an individual who was believed to be a member of a foreign terrorist organization,” said Assistant Attorney General Breuer. “Such conduct presents a serious threat to our national security, and we will continue to work closely with our domestic and international law enforcement partners to prevent human smugglers from operating at home or abroad, and to punish them for their crimes.”

“Today’s sentence successfully brings to a close our prosecution of three criminals who aimed to use their human smuggling network to help a person who they believed to be a terrorist infiltrate our homeland,” said U.S. Attorney Machen. “By convicting three Pakistani nationals who were operating out of Ecuador, we have demonstrated our ability to dismantle human smuggling operations throughout the world when they threaten our national security.”

“ICE Homeland Security Investigations agents will continue to use every available resource to protect the American public from terrorist organizations and individuals who support them,” said ICE Director Morton. “Today’s sentence demonstrates our international resolve to ensuring that our nation is safer and more secure. I applaud the outstanding work conducted by our HSI attaché office in Ecuador who led this extensive investigation. I would also like to commend our HSI office in Atlanta, along with our law enforcement partners in the United States and Ecuador, who assisted us in this case.”

“Today’s sentence sends a clear message: Individuals such as Ul Haq, who operate outside the law to support terror represent a threat to our safety. Ul Haq and his co-conspirators sought to smuggle men into the U.S. and did not care if they came here to ‘blow up’ something as long as they got paid. Ul Haq in turn provided material support to the TTP. Such would-be supporters of terror will be dealt with severely under our system of laws. I commend the FBI and everyone involved in the prosecution of this case for bringing him to justice,” said FBI Special Agent in Charge Gillies.

Ul Haq, Ali and Yousaf were arrested in Miami on March 13, 2011, on an indictment filed in the District of Columbia charging them with one count of conspiracy to commit alien smuggling. Based on the defendants’ guilty pleas to terrorism conspiracy charges, the government dismissed at the sentencing hearing today the charges of conspiracy to commit alien smuggling against the defendants.

Ul Haq, Ali, and Yousaf admitted that between Jan. 3, 2011, and March 10, 2011, they conspired to provide material support to the TTP in the form of false documentation and identification, knowing that the TTP engages in terrorist activity and terrorism. According to court documents, Ul Haq, Ali and Yousaf conducted a human smuggling operation in Quito, Ecuador, that attempted to smuggle an individual they believed to be a member of the TTP from Pakistan into the United States. The TTP was designated as a foreign terrorist organization by the State Department on Sept. 1, 2010.

Court documents indicate that law enforcement agents directed confidential sources to ask the defendants, who were residing in Ecuador at the time, for their assistance in smuggling a fictitious person from Pakistan to the United States. Over the course of the ensuing negotiations, the defendants were made aware that the person to be smuggled was a member of the TTP who was blacklisted in Pakistan.

According to the court documents, the defendants agreed to move this person from Pakistan into the United States, despite his purported affiliation with the TTP. Ul Haq, according to the court documents, told the confidential sources that it was “not their concern” what the men “want to do in the United States—hard labor, sweep floor, wash dishes in a hotel, or blow up. That will be up to them.” The defendants accepted payment from the confidential sources for the smuggling operation and procured a false Pakistani passport for the purported TTP member.

The investigation was conducted by the HSI attaché office in Quito, Ecuador, with the HSI office in Atlanta, the Miami Division of the FBI and the Ecuadorian National Police.

The investigation was conducted under the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Justice Department’s Criminal Division and HSI. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns. ECT has dedicated investigative, intelligence and prosecutorial resources. ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.

The Criminal Division’s Office of International Affairs, the U.S. National Central Bureau of INTERPOL (International Police), the U.S. Customs and Border Protection, the U.S. Embassy in Quito and the government of Ecuador provided invaluable support.

The case was prosecuted jointly by prosecutors from the Human Rights and Special Prosecutions Section of the Criminal Division, the Counterterrorism Section of the National Security Division and the U.S. Attorney’s Office for the District of Columbia.

Face of Defense: Customs Inspectors Keep U.S. Secure

You don’t know Iraq until you’ve seen these Second Gulf War books written by real veterans of Operations Iraqi Freedom and New Dawn.

By Army Spc. Anthony T Zane

362nd Mobile Public Affairs Detachment

CONTINGENCY OPERATING BASE ADDER, Iraq, Oct. 20, 2011 – The number of units packing up equipment and personal belongings is increasing as the U.S. military prepares to depart Iraq at the end of the year.

But, everything that’s shipped to the states from Iraq must first go through a thorough inspection.

All customs inspections here go through Army Sgt. Thomas Vice II, customs project manager, 239th Military Police Company, from Alexandria, La.

“Anything that’s going home has to go through customs,” Vice said. “To start, the units have to send in a customs request form. The standard operating procedure is to get the request in at least 10 days prior to the inspection. That way I’ve got time to make sure everything is right.

“I make sure that the date for inspection is clear and that we have a stamp reserved for that date,” he continued. “After the inspection is completed, the paperwork is signed and stamped with an official customs stamp that certifies the cargo in the container has been properly inspected.”

Soldiers prepare their equipment and personal gear prior to the inspection by placing it on the ground in organized sections.

The customs inspector then briefs soldiers on the inspection process and goes over the list of items that are not allowed to ship. All items to be inspected are positioned in front of large metal shipping containers -- known as conexes -- used to transport equipment and gear.

“It’s a 100-percent inspection,” Vice said. “You might have a 20-foot conex with 80 duffle bags and 60 foot lockers, all with personal gear, and everything has to be dumped out, sifted through and inspected.”

An average unit inspection takes about three to four hours for a seasoned inspector, he said, noting the time it takes to complete an inspection depends on how much equipment or gear the unit has.

“One of the main things that we look for is cleanliness, because any kind of organic matter -- dirt, sand, grass, plants, anything like that -- is an absolute no-go,” Vice said. “We don’t want anything messing with the ecosystem back home, and we’re trying to prevent that from happening.”

Some soldiers may not understand the environmental concerns involved with the inspection process, said Sgt. Julian A. McKinnon, customs border control pre-clearance agent, 1st Cavalry Division, from San Antonio.

“It’s really important, especially at the port cities, because when containers are opened and something bad is in there like animal products or soil ... you could get bacteria that can be harmful back in the states.”

Vice said customs inspectors also look for numerous illegal items.

"You can’t have pornography, alcohol, drugs, or illegal weapons,” he said.

And, some people “try to bring their protein powder or work-out supplements with them,” Vice said. “Well, if the seal has been broken, they can’t bring it.”

The most effective way to find an illegal substance is to use sniffer dogs, he said.

“Sometimes we bring dogs,” Vice said. “The K-9 unit works with us a lot, being that we’re the provost marshal’s office, but the decision to use them is nothing in particular. It’s just random.”

There have been no significant violations so far on COB Adder, Vice said. But the risk, he added, is always present.

Beyond illegal drugs, weapons and organic materials, there is another concern that has developed since the beginning of the U.S. presence in the Middle East, Vice said.

Some soldiers would buy a lot of DVD’s from the Iraqi vendors and ship them home, he said, noting the rules have become stricter. Now soldiers are limited to one DVD title or one box set.

Once containers are inspected, signed off on and sealed here, they go to Kuwait, where they are shipped to the states, Vice said. At that point, he said, all containers in Kuwait are subject to another customs inspection. That inspection is done randomly to at least 10 percent of the containers.

“If they get 500 conexes in that day, they’re going through 50 of them, Vice said. “That’s more or less making sure that we’re doing our job; that we don’t miss things.”

For the most part, he said, soldiers understand the necessity of the inspections.

“Agriculturally, it helps the farmers from losing money due to bacteria or plant diseases that could be transported from here to the states,” Vice said. “It also helps to keep untraced and unmarked weapons off the streets."

“We’re not out to ‘get’ people,” he added. “It’s not about that. It’s about doing the right thing and the safety of the soldiers.”

Joint Terrorism Task Force Annex

Learn about domestic terrorism and how to fight it from these homeland security books, written by counterterrorism law enforcement experts.

Mollie Halpern: The FBI is working shoulder to shoulder with its law enforcement partners at the nation’s first office housed at a major airport.

Bradley Davis: To ensure that nothing falls through the cracks and that we defend or identify and detect and disrupt any acts of terrorism in the aviation industry.

Halpern: I’m Mollie Halpern of the Bureau, and this is FBI, This Week. The Joint Terrorism Task Force Annex is located at Boston’s Logan International Airport. It’s made up of FBI agents and representatives from seven other agencies, including…

Davis: We have members from the Federal Air Marshal Service, Diplomatic Security Service - U.S. State Department, Boston Police Department, Customs and Border Patrol…

Halpern: Supervisory Special Agent Bradley Davis oversees the operation of the annex. He says having the resources of multiple agencies under one roof facilitates information sharing.

Davis: And it multiplies our capabilities to respond to incidents and to conduct investigations or collect intelligence.

Halpern: For more information, visit www.FBI.gov. That’s what’s happening at the FBI, This Week.

Alpine, Texas, Border Patrol Agents Bring Home 9/11 Artifact for Memorial Installation

Marfa, Texas – Two Alpine Station Border Patrol agents drove to New York City and back last week to pick up a twisted steel beam to be used as part of a memorial commemorating the attacks of 9/11.

Two Border Patrol agents from the Alpine, Texas, Station drove to New York City to bring this twisted metal beam to West Texas. The beam is from the wreckage of the twin towers felled on September 11, 2001. The artifact was escorted into the Alpine Station by the Marfa Sector Honor Guard. The beam will be included in a memorial to be unveiled at the station on September 11, 2011. The groundbreaking ceremony for the station was held on September 11, 2001.

The beam was part of one of the destroyed buildings and was being held by the Port Authority of New York and New Jersey.

In late 2010 Assistant Patrol Agent in Charge (APAIC) Lewis Reynolds saw a news story about the availability of artifacts to community groups providing their application was approved by the port authority. He, along with others from the Alpine, Texas Station, received permission and then filled out the application. After their application was approved they received a scheduled pickup date.

APAIC Reynolds and Supervisory Border Patrol Agent David Marshall drove a stake bed truck to New York City to pick up the remnant. They arrived back in Alpine August 6 and were escorted through the community by a solemn procession of law enforcement vehicles. The round trip covered 4,334 miles.

“The display of this symbol at the Alpine Station will forever be significant,” said Marfa Sector Chief Patrol Agent John J. Smietana, Jr. “In spite of the terror of the moment, a great number of law enforcement officers, fire fighters and others continued to do their jobs with the ‘last full measure of devotion.’ This simple metal beam will be displayed as a reminder of their courage and sacrifice.”

The beam will be installed as part of a memorial display on the front lawn of the Alpine Border Patrol Station on Highway 90 west of Alpine. The memorial will be accessible by the public during the daytime once it has been installed.

Plans are underway for a dedication ceremony to be held on September 11, 2011, at the station.

Ironically, the groundbreaking ceremony for the current station was held on the morning of September 11, 2001.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Slovakia Man Indicted on Terror Charges

PHILADELPHIA—A superseding indictment was filed yesterday against Dani Nemr Tarraf charging him with conspiracy to provide material support to Hizballah, a foreign terrorist organization, through the procurement of weapons, including anti-aircraft missiles. The announcement was made by Acting Assistant Attorney General for National Security Todd Hinnen, United States Attorney Zane David Memeger, FBI Special Agent-in-Charge George Venizelos, Special Agent-in-Charge of Immigration and Customs Enforcement John P. Kelleghan, IRS Special Agent-in-Charge Eric Hylton, and Superintendent of the New Jersey State Police Colonel Joseph R. Fuentes. Tarraf was originally indicted with four others in November 2009.

INFORMATION REGARDING THE DEFENDANT

NAME: Dani Nemr

ADDRESS: Tarraf Trnava, Slovakia

YEAR OF BIRTH: 1971

This case was investigated by the Federal Bureau of Investigation’s Joint Terrorism Task Force, the New Jersey State Police, U.S. Immigration and Customs Enforcement, the Internal Revenue Service, the United States Secret Service, Defense Criminal Investigative Service, the Philadelphia Police Department, the Department of Commerce, Customs and Border Protection, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Air Marshals, Pennsylvania State Police, and the Department of State.

It is being prosecuted by Assistant United States Attorneys Nancy Beam Winter and Vineet Gauri, and National Security Division Counter-terrorism Section Trial Attorney Jolie F. Zimmerman.

Attempted Bomber Arrested

SPOKANE, WA—Today, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Kevin William Harpham, age 36, of Colville, Washington, has been arrested and charged in connection with the placement of the improvised explosive device alongside the planned Martin Luther King Jr. Day Unity March on January 17, 2011, in Spokane, Washington.

Kevin William Harpham was charged by complaint with the crimes of attempted use of a weapon of mass destruction and possession of an unregistered explosive device. A conviction for attempted use of a weapon of mass destruction carries a maximum penalty of life imprisonment, a $250,000 fine, and up to five years of court supervision after release. A conviction for possession of an unregistered explosive device carries a maximum penalty of 10 years’ imprisonment, a $250,000 fine, and up to thre years of court supervision after release. The investigation in this matter is continuing.

Michael C. Ormsby, U.S. Attorney for the Eastern District of Washington, said, “The tireless dedication and extraordinary efforts of the law enforcement officers involved in all aspects of this complicated investigation are commended.”

This investigation was conducted by the Inland Northwest Joint Terrorism Task Force (INJTTF)—comprised of the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Federal Air Marshals; the U.S. Border Patrol; the Department of Homeland Security - Homeland Security Investigations; the Spokane Police Department; the Spokane County Sheriff’s Office; and the Washington State Patrol—with assistance from Stevens County Sheriff’s Office and Washington State Employment Security Department.

A complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

Statement by Secretary Janet Napolitano on the Death of Retired CBP Officer David Hillman

"It is with great sadness that I learned yesterday that Mr. David Hillman, a retired U.S. Customs and Border Protection (CBP) Officer with more than 30 years of federal service, was killed in a suicide bombing at the Inland Customs Warehouse in Kandahar, Afghanistan.

Like many former DHS employees, Mr. Hillman was continuing to serve his country by contributing his vast knowledge and experience, working as a Border Mentor and Advisor in Afghanistan. Mr. Hillman began his career with the U.S Customs Service in Buffalo, New York in 1973. He served in various assignments, including as a Customs Inspector, Supervisor, Program Manager, and, prior to his retirement in 2009, the Port Director at the Halifax International Airport.

The entire DHS family expresses our deepest sympathies to Mr. Hillman’s family and friends, as well as all those affected by this terrible act—including retired CBP personnel Michael Lachowsky, Terry Sherrill, and Vernon Rinus, who were injured in this attack.

We also keep in our thoughts and prayers all of those who put their lives at risk every day, at home and abroad, to defend our country. We honor their service and pray for their continued safety."

Guardmember draws on civilian-acquired skills to give unique training in Iraq

By 1st Lt. Nathan Lavy

224th Sustainment Brigade

CONTINGENCY OPERATING BASE ADDER, Iraq (2/7/11) – Using his civilian-acquired skills, the 224th Sustainment Brigade support operations sergeant major, with the 103rd Sustainment Command (Expeditionary), provided Customs Border Clearance Agent training for Soldiers here.

More than 30 Soldiers with the 3rd Advise and Assist Brigade, 4th Infantry Division, received CBCA training Jan. 24 to 25, qualifying them to inspect and certify redeploying Soldiers’ equipment and vehicles heading back to the United States.

“What this training provides is for U.S. military, non-branch specific, the opportunity to search and inspect equipment, duffel bags, TUFF boxes, and [containers], to include aircraft,” said Army Sgt. Maj. Jorge Ortiz, support operations sergeant major with the 224th Sust. Bde., 103rd ESC.

“They are looking for the same things that I look for at the border.”

Ortiz is a supervisory Customs and Border Protection officer at the Calexico, Calif., port-of-entry, previously being on its anti-terrorism contraband enforcement team.

“I’ve been doing my job for over 15 years,” Ortiz said.

“Working at the land border ports of entry is like being a police officer in a city, but without having probable cause. If I suspect you have something, I do not need a search warrant to search you.

“We do what is called ‘selectivity;’ we select certain travelers based on trends. We use our targeting techniques, indicators, and our questioning and searching techniques to see if people are legit. We also deal with vehicles, conveyances, and the railroad.

“We are looking for terrorists, narcotics, illegals, stolen vehicles, ammunition, guns, and money.”

Ortiz is the only qualified instructor in Iraq.

“To be a CBCA, you must be a noncommissioned officer and above, and you have to go through a criminal background check,” Ortiz said.

“Trained Soldiers have the full authority to do the inspections, and they can only do it overseas in all the countries that fall under [Central Command]. The certification is valid for the duration the Soldier is deployed.”

Ortiz’s training included one day of classroom instruction and one day of hands-on practical instruction.

Army Sgt. Tommy Leath, a support operations maintenance non-commissioned officer with Headquarters and Headquarters Company, 64th Brigade Support Battalion, 3rd Advise and Assist Brigade, 4th Infantry Division, participated in the training.

“The training has been outstanding,” Leath said. “I learned a lot from the classroom portion. The hands-on training was the best part because we’re actually out here doing it. …

“We want to make sure there is no ammo, rounds, weapons or brass that aren’t authorized, and if there are any war trophies. He [Ortiz] was a great instructor – very knowledgeable. He explained to us that this is what he does as a civilian, and it was very helpful.”

The trainees were able to participate and assist in a live inspection conducted by three trained CBCA Soldiers at the “Iron Strong” 3rd AAB headquarters compound on the second day of their training. Ortiz was on scene to provide guidance and instruction.

“I’m glad there was hands-on,” said Army Sgt. Marcus Burke, a tank commander with 1st Battalion, 8th Infantry Regiment, 3rd AAB. “The most interesting part of the training was actually doing [an inspection].”

Army Staff Sgt. Nicky Cruzfargus, a fueler with 1st Bn., 8th Inf. Regt., 3rd AAB, was another trainee assisting in inspections of the Soldiers’ gear and equipment.

“The training was excellent, because we learned a lot of stuff relating to rules that protect the United States,” Cruzfargus said. “With this kind of training you show the Soldiers the right way to conduct an inspection before you redeploy back to the States.

“When we saw the pictures and videos that the instructor showed, we never expected to see all the crazy stuff people try to hide and bring back home. We are looking for illegal stuff, like war trophies, ammunition, items that are prohibited, like soils [and] trademarked items. The instructor is squared away; he’s an outstanding instructor, and he did a really great job.”

During his training, Ortiz explains why he loves his job. “The best part of my job is that it’s like a soap opera; everyday is not the same – people come across [the border] drunk, bleeding, or a [baseball] bat in their windshield from fighting, people running or being chased,” Ortiz explained.

Ortiz said he was happy he could provide this training and said it was a unique opportunity to be available to be an instructor in Iraq.

“I’m glad I got the exception to policy to train the Soldiers here,” Ortiz said. “To get a uniform … agent to come here takes a lot of time, logistics, and coordination to make it happen. It’s unique that I am here, because I am qualified to train as an instructor.

“I’m going to be able to help several units in their redeployment process.”

Rio Grande City Agents Seize Assault Rifles, Hand Grenades

Rio Grande City, Texas — U.S. Border Patrol agents assigned to the Rio Grande City Station seized assault rifles and hand grenades that were hidden in the brush near the Rio Grande.

The agents were working Friday near Fronton, Texas, when they noticed a suspicious object protruding from the brush near the banks of the river. Upon closer inspection they found an AK-47 and three M4-style assault rifles hidden within the brush. They also found two hand grenades, a ballistic vest, two ammunition-carrying vests, three two-way radios, two military style uniforms, 16 fully loaded 30-round magazines and various other items.

The weapons and ammunition were transported to the Rio Grande City Border Patrol Station for processing and were later turned over to Immigration and Customs Enforcement-Homeland Security Investigations. One of the hand grenades was disposed of at the scene by the McAllen Police Department’s bomb squad, the other one will be turned over to the Bureau of Alcohol, Tobacco, Firearms and Explosives for further investigation.

“These deadly weapons had the potential to cause serious harm to the residents of this community and to our agents or personnel from other law enforcement agencies,” said Chief Patrol Agent Rosendo Hinojosa. “Thanks to the hard working, diligent agents who found them, communities on both sides of the border are safer.”

To report suspicious activity, call the Rio Grande Valley Border Patrol Sector’s toll-free telephone number at 800-863-9382.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.