Somali Hostage Negotiator in S/V Quest Piracy and Pirating of M/V Marida Marguerite Found Guilty on All Counts

NORFOLK, VA—Mohammad Saaili Shibin, a/k/a “Khalif Ahmed Shibin,” a/k/a “Shibin,” 50, of Somalia, was convicted today by a federal jury in Norfolk for his involvement in the pirating of an American yacht, the S/V Quest, and taking hostage four U.S. citizens who were ultimately killed before their release could be secured and of the pirating of the M/V Marida Marguerite.

Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia; Janice K. Fedarcyk, Assistant Director in Charge of the FBI’s New York Field Office; and John Boles, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement. Shibin is scheduled to be sentenced on August 13, 2012.

“Today’s verdict marks the conviction of the highest-ranking Somali pirate ever brought to the United States,” said U.S. Attorney MacBride. “Mr. Shibin was convicted as a part of a hijacking that resulted in the summary execution of four Americans. He was among an elite fraternity of pirate negotiators—the vital link to any successful pirate attack. His skills were essential to obtain a ransom for those who attacked the vessel and the financiers who paid for the attack.”

“Mr. Shibin’s actions resulted in the cold blooded execution of four Americans aboard their own yacht, a form of terrorism on the high seas,” said FBI ADIC Fedarcyk. “Today’s verdict should send a clear message to pirate negotiators and financiers alike, no matter what your role—in a pirate skiff or demanding ransom from the shores of Somalia—you are not beyond the reach of American justice.”

Shibin was found guilty of all counts of a superseding indictment which charged him with serving as the ransom negotiator for conspirators who pirated the M/V Marida Marguerite, a German-owned vessel with a crew of 22 men who were held hostage off the coast of Somalia from May to December 2010. According to court documents and testimony, Shibin spoke with the owners of the Marida Marguerite and successfully extracted a ransom payment for the vessel and its crew. Shibin received approximately $30,000 to $50,000 in U.S. currency as his share of the ransom payment.

Shibin was also found guilty of all counts relating to the attack on the Quest. A full list of the charges and their penalties are provided below:

■two counts of piracy under the law of nations, which each carry a mandatory penalty of life in prison;

■two counts of conspiracy to commit hostage taking, which each carry a penalty of up to life in prison;

■two counts of hostage taking, which each carry a penalty of up to life in prison;

■two counts of conspiracy to commit violence against maritime navigation, which each carry a penalty of up to 20 years in prison;

■two counts of violence against maritime navigation, which each carry a mandatory penalty of up to 20 years in prison;

■conspiracy to commit kidnapping, which carries a maximum penalty of life in prison;

■kidnapping, which carries a maximum penalty of life in prison;

■three counts of use, carry, and discharge of a firearm during a crime of violence, the first count of which carries a mandatory minimum 10 years and a maximum of life in prison, and the latter two counts of which carry mandatory consecutive life sentences.

This investigation was conducted by the FBI’s New York Field Office and Norfolk Field Office, with assistance from the Naval Criminal Investigative Service. In addition, U.S. Attorney MacBride expressed his appreciation for the close coordination and cooperation of German judicial and police authorities in building the latest charges involving the Marida Marguerite.

The prosecution is being handled by Assistant U.S. Attorneys Benjamin L. Hatch, Joseph E. DePadilla, and Brian J. Samuels from the U.S. Attorney’s Office for the Eastern District of Virginia and Trial Attorney Paul Casey of the Counterterrorism Section in the Justice Department’s National Security Division.

U.S. Army Contractor Sentenced to 42 Months in Prison for Stabbing at Kandahar Airfield in Afghanistan

WASHINGTON – A U.S. Army contractor was sentenced today to 42 months in prison for stabbing another individual with a knife at Kandahar Airfield in Afghanistan, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Attorney Neil H. MacBride for the Eastern District of Virginia and James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office.

Sean T. Brehm, 45, of Capetown, South Africa, was sentenced by U.S. District Judge Anthony J. Trenga in the Eastern District of Virginia.  Brehm pleaded guilty in April 2011 to one count of assault resulting in serious bodily injury.  Judge Trenga also sentenced Brehm to three years of supervised release to follow his prison term. 

According to court documents, the stabbing took place on Nov. 25, 2010.  At the time of the stabbing, Brehm was working as a contractor for DynCorp International LLC, a U.S. Army contractor in Afghanistan.  According to court documents, the stabbing resulted in serious bodily injury to the victim, who was a contractor with the U.S. Agency for International Development.  The victim underwent emergency surgery immediately following the incident.

Brehm was charged under the Military Extraterritorial Jurisdiction Act (MEJA), a statute that gives U.S. courts jurisdiction to prosecute crimes committed outside the United States by, among others, contractors or subcontractors of the Department of Defense.

The case is being prosecuted by Assistant U.S. Attorney Ronald L. Walutes Jr. for the Eastern District of Virginia and Trial Attorney James S. Yoon of the Criminal Division’s Human Rights and Special Prosecutions Section.

The case was investigated by the FBI’s Washington Field Office.  The U.S. Army Criminal Investigation Division and the International Security Assistance Force Military Police conducted the military investigation.  The Office of Military Justice for Regional Command - South and 10th Mountain Division, and the Office of the Staff Judge Advocate for Regional Command - South provided invaluable assistance.

Contractor Sentenced to 37 Months in Prison for Death of Afghan National in Kabul, Afghanistan

WASHINGTON—Christopher Drotleff, 31, of Virginia Beach, Va., was sentenced today to 37 months in prison for his role in shooting and killing an Afghan national while on an unauthorized convoy in Kabul, Afghanistan, on May 5, 2009, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Neil H. MacBride of the Eastern District of Virginia and James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office. U.S. District Judge Robert G. Doumar also ordered Drotleff to serve three years of supervised release following his prison term.

On March 11, 2011, Drotleff and Justin Cannon, 29, of Corpus Christi, Texas, were convicted of involuntary manslaughter while working as contractors for the U.S. Department of Defense in Afghanistan. Cannon and Drotleff were acquitted of other charges, including second-degree murder, assault resulting in serious bodily injury and firearms offenses. Cannon is scheduled to be sentenced on June 27, 2011.

“Mr. Drotleff’s criminal conduct led to a tragic loss of innocent life,” said Assistant Attorney General Breuer. “We hope that today’s sentence will bring some measure of comfort to the victims’ families. Reckless violence by those who are employed by our armed forces abroad endangers the lives of innocent civilians and undermines the trust that our international partners have placed in our military efforts. Mr. Drotleff’s conduct stands in stark contrast to the actions of the many brave men and women who serve this country honorably.”

“Christopher Drotleff recklessly fired his nine millimeter pistol at unarmed Afghan civilians, killing two people and shattering the lives of many more,” said U.S. Attorney MacBride. “General Petraeus reminded us that Mr. Drotleff’s senseless killing not only took innocent lives but also seriously harmed our mission in Afghanistan and put the lives of American military and civilians in danger. The jury’s verdict and today’s sentence shows that no one is above the law – even in a combat zone – and that the reckless use of force will be punished.”

“International investigations are very complex, frequently dangerous and take a tremendous amount of dedication and effort on the part of our Special Agents,” said Assistant Director in Charge McJunkin of the FBI’s Washington Field Office. “The FBI in general and the Washington Field Office in particular, is both willing and able to deploy anywhere in the world to investigate violations of U.S. law no matter where they occur or who commits them.”

Cannon and Drotleff were charged under the Military Extraterritorial Jurisdiction Act (MEJA) in a superseding indictment filed on Aug. 5, 2010. Cannon and Drotleff were Department of Defense contractors employed by a subsidiary of Xe (formerly known as Blackwater Worldwide).

According to evidence presented at trial, on May 5, 2009, both men left their military base without authorization to transport local interpreters. The evidence at trial established that, after the lead vehicle in the convoy crashed and was overturned on the side of the road, Cannon and Drotleff fired multiple shots into the back of a civilian car that had attempted to pass the accident scene. The passenger of the car was fatally shot and the driver was seriously injured. An individual who happened to be walking his dog in the area was also killed in the shooting. The jury found the defendants guilty of involuntary manslaughter for the death of Romal Mohammad Naiem, the front-seat passenger. They were acquitted of charges relating to the death of the person walking his dog and injuries to the driver.

According to court records, as contractors, Cannon and Drotleff provided training to the Afghan National Army for the Islamic Republic of Afghanistan in the use and maintenance of weapons and weapons systems.

The case is being prosecuted by Trial Attorney Robert McGovern of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorneys Randy C. Stoker and Alan M. Salsbury from the U.S. Attorney’s Office for the Eastern District of Virginia - Norfolk Division. The case was investigated by the FBI’s Washington Field Office and the U.S. Army Criminal Investigation Command.

Forensics Team Gives Voice to Saddam's Fallen, Shows U.S. Values

By Donna Miles
American Forces Press Service

April 17, 2008 - Dr. Michael "Sonny" Trimble saw evidence of Saddam Hussein's brutality firsthand as he led a team that excavated nine mass graves in Iraq, then looked evil in the eye as he testified in an Iraqi court against the regime's atrocities. But through those horrors, Trimble said, he witnessed something awe-inspiring as well: America's message to the world of its commitment to the rule of law and the value of human life.

A forensic archeologist for the Army Corps of Engineers' St. Louis District, Trimble received the Army's Decoration for Exceptional Civilian Service this week for his work leading a mass graves team in Iraq. Army Secretary Pete Geren and Vice Chief of Staff Gen. Richard A. Cody praised Trimble during an April 15 Pentagon ceremony for conducting forensic mass-grave exhumations and analyses that proved Saddam's role in genocide and crimes against humanity.

The assignment Trimble got in June 2004 was vastly different from his typical work inventorying and maintaining museum collections for the Corps of Engineers. The mission: stand up a forensic-analysis team, buy the necessary equipment, excavate nine major mass graves throughout Iraq, and analyze what the team found at a forensic laboratory the team would set up near Baghdad International Airport.

And the biggest challenge of all: be on the ground digging within 60 days.

Trials against Saddam were already under way, but so far, all evidence against him consisted of testimony and archival evidence such as execution orders he signed. "In the end, in any homicide, you have to have the body," Trimble said. "You have to be able to show that this person was murdered and how he was murdered. And in the case of genocide, you have to be able to show that the murder was gruesome and cold-blooded -- which, in this case, wasn't hard to do."

It was a daunting assignment despite Trimble's 34 years of forensics experience, the last 21 years with the Army Corps of Engineers. He drew on training he received working with the Joint POW/MIA Accounting Command in Hawaii, the only Defense Department organization with a mission anything like the one Trimble and his team would carry out. JPAC excavates and analyzes the remains of suspected U.S. servicemembers still unaccounted for from past conflicts.

Trimble said he is still amazed that he was able to push through all the processes required to get his team on the ground working within two months.

"I'm not sure anyone has ever done that that fast, and I am not sure I could ever do it again," he said. "It was unbelievable. We were working 16-, 17-, 18-hour days, minimum."

The way mass graves were excavated in Bosnia is far more typical of the way forensic archeologist work. "You go out after the war is over. No one is shooting at you. You have the luxury of time as you excavate these graves, and you have to excavate them very carefully so that nothing is challenged in court," Trimble said.

That wasn't to be the case in Iraq.

"We hit the ground, and they said, 'You have to start getting these graves, finding them, digging them up, doing it carefully and writing that final report (to the court) that had to be translated into Arabic,'" Trimble said. "We had to do it fast and carefully -- and fast and carefully don't usually go together, especially in this field."

When Trimble and his team completed their mission, they didn't have a body. They had 367. Of those, 301, mostly Kurdish women and children, were uncovered in three mass graves related to Saddam's 1987-1988 Anfal campaign. Others were Shiites killed during the 1991 uprising in Karbala.

The Anfal campaign left more than 200,000 Kurds dead and possibly far more, but received little international attention, Trimble said. Saddam's order to execute 148 people in the Shiite town of Dujail -- a crime for which Saddam was later executed -- garnered far more publicity.

Unlike in Dujail, where Saddam singled out men and boys for revenge killings after a failed assassination attempt, the Anfal attacks were part of a longstanding campaign that wiped out nearly every Kurdish village in vast areas of northern Iraq. The campaign aimed to eliminate the Kurdish population, an objective Trimble said was best served by eliminating its women and children.

In many cases, the victims were told they were being resettled. Then, with all their worldly possessions in tow, they were taken deep into the desert to be killed, Trimble said. The killers "had pre-cut linear graves with heavy equipment, and they marched people into the graves, usually in the early evening, and machine-gunned them and covered them up," he said.

Iraq is riddled with graves of Saddam's fallen, Trimble said, guessing that he and his team found only a tiny fraction of them. "The whole country is filled with them," he said.

As they performed in-depth scientific analyses of the remains they found, Trimble and his team felt heartbroken by what they found. Lack of acid in the soil had preserved most of the clothing that clung to skeletal remains, leaving no doubt that the victims were mostly women and children. Women clung to bags of pots and pans and other household goods. Young children lay within reach of pacifiers buried with them in the dirt.

Trimble said he and his team felt an obligation to the victims as they went to work as part of the Department of Justice's Regime Crimes Liaison Office in Iraq team. Their job was to provide indisputable proof the Iraqi court needed in its three separate cases against Saddam, his cousin Ali Hassan Abd al-Majid al-Tikriti, known as "Chemical Ali," and other former Baath Party officials.

As a culmination of the team's efforts, Trimble was called to testify against the defendants. He spent five solid hours in August 2006 recounting to the court his team's findings, being challenged directly by Saddam as well as Chemical Ali, who Trimble said had the piercing eyes of a "stone-cold killer."

Following what Trimble described as a "very fair" court process, the court found the defendants guilty.

To Trimble, the convictions weren't the end of the team's work. The team members took each set of human remains they had analyzed, wrapped them in cloth, and returned them to the Kurdish people. "It was important for us to show that respect for the human remains," Trimble said.

The Kurds buried the remains in a national cemetery and plan to build a museum similar to Washington D.C.'s Holocaust Museum to honor those killed. Clothing and other items discovered in the graves will help tell the stories of the Anfal campaign, Trimble said.

Trimble called it a privilege to be a part of the team that helped bring Saddam and his fellow regime members to justice and to ensure the world knew the story of those whose lives they took down. "I felt an obligation to the people I had worked with, but especially to the Kurdish and Shiia people murdered," he said. "After awhile, you get very close to the bodies of these people, and you really want to take care of them. I felt I owed that to them in a very big way."

But equally gratifying, Trimble said, was the opportunity to help show the world the values the United States embraces. "I thought this was the best representation of the United States," he said.

By helping the Iraqis set up a legal system to ensure fair trials, the United States demonstrated its commitment to the rule of law -- not tribalism -- to settle disputes, he said. And by committing people and resources to the process, the United States showed the value it places on human life.

"This was the best story we had going in a tough situation over there," he said. "It showed the United States coming over, training people, setting up a law system and really showing people in the Middle East that we take life seriously and are willing to put people and resources behind that."

Troops Provide Water Heaters to Afghan Hospital, Visit Police

American Forces Press Service

Feb. 21, 2008 - Afghan National Army soldiers assisted by coalition forces delivered five water heaters to the Tarin Kowt hospital and visited the Oruzgan provincial headquarters of the Afghan National Police last week. The team followed up Feb. 16 on a previous visit that included a meeting with the hospital director to discuss needs. The ANA 201st Kandak commander presented the water heaters and expressed his commitment to improving conditions at the hospital.

"Thank you for listening to the needs of the hospital from our earlier meeting. Your help could not come at a better time," the hospital director said.

Before the delivery, the hospital did not have water heaters; hospital personnel boiled water on a diesel-burning stove.

The soldiers also delivered electric heaters to the hospital so the facility could have better climate control for recovering patients.

Later that day, the team visited the provincial Afghan National Police headquarters and talked with officers about new construction projects to expand the facilities. The ANP currently houses its personnel in the same facility where they work. The building has limited electricity, no heaters and no restrooms for the dozens of police officers working there.

The new building will provide office space separate from the living quarters. It will have offices for logistics, finance, and unit commanders, and there will be sufficient restroom facilities.

During the visit, the police chief related that his officers found an improvised explosive device near a bridge in Tarin Kowt, the main passage for civilians and commerce going to and from the area. The chief said his police officers secured the device and removed it, preventing it from injuring or killing civilians who travel the road.

"This find is crucial for the safety of the civilians in Tarin Kowt who use the bridge to get to the hospital," a coalition soldier said. "If the ANP hadn't removed the IED, it could have had a devastating effect and caused a lot of people to suffer. Their bravery saved Afghan lives."

(From a Combined Joint Task Force 82 news release.)

Information about homicide investigations was supportive in preparing this entry.