29 September 1998
Source: Fax today from U.S. Attorney's Office, Southern District of New York,
Public Information Office, (MS/HH). Tel: 212-637-2600. Fax: 212-791-0561.
See related files: http://jya.com/alqfiles.htm
[No date; news report says indictment returned September 28, 1998]
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA : INDICTMENT
-v- :
MOHAMED SADEEK ODEH : 98 Cr. [Blank]
a/k/a "Abu Moath,"
MOHAMED RASHED DAOUD AL-'OWHALI, :
a/k/a "Khalid Salim Saleh Bin Rashed,"
a/k/a "Abdul Jabbar Ali Abdel-Latif," :
a/k/a "Moath,"
:
Defendants
:
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COUNT ONE:
CONSPIRACY TO BOMB THE UNITED STATES EMBASSIES
IN NAIROBI, KENYA AND DAR ES SALAAM, TANZANIA,
RESULTING IN MORE THAN 200 DEATHS
The Grand Jury charges:
Background: al Qaeda
1. At all relevant times from in or about 1989 through
the date of the filing of this Indictment, an international
terrorist group existed which was dedicated to opposing non-Islamic
governments with force and violence. From in or about 1989 until
the present, the group called itself "al Qaeda" ("the Base"). From
1989 until in or about 1991, the group was headquartered in
Afghanistan and Peshawar, Pakistan. In or about 1992, the
leadership of al Qaeda, including it "emir" (or prince), Usama Bin
Laden, and its military command, related to the Sudan. The
[1]
international terrorist group (hereafter referred to as "al Qaeda")
was headquartered in the Sudan from approximately 1992 until
approximately 1996, but still maintained offices in various parts
of the world. In 1996, Usama Bin Laden and al Qaeda relocated to
Afghanistan. At all relevant times, al Qaeda was led by its emir,
Usama Bin Laden. Members of al Qaeda pledged an oath of allegiance
to Usama Bin Laden and al Qaeda.
2. Al Qaeda opposed the United States for several
reasons. First, the United States was regarded as "infidel"
because it was not governed in a manner consistent with the group's
extremist interpretation of Islam. Second, the United States was
viewed as providing essential support for other "infidel"
governments and institutions, particularly the governments of Saudi
Arabia and Egypt, the nation of Israel, and the United Nations,
which were regarded as enemies of the group. Third, al Qaeda
opposed the involvement of the United States armed forces in the
Gulf War in 1991 and in Operation restore Hope in Somalia in 1992
and 1993. In particular, al Qaeda opposed the continued presence
of American military forces in Saudi Arabia (and elsewhere on the
Saudi Arabian peninsula) following the Gulf War. Fourth, al Qaeda
opposed the United States Government because of the arrest,
conviction and imprisonment of persons belonging to, or associated
with, al Qaeda and its affiliated terrorist groups, including Sheik
Omar Abdel Rahman. At various times since in or about 1992, Usama
Bin Laden called on members and associates of al Qaeda, as well as
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others, to attack American targets worldwide.
3. From in or about 1994 through the date of the
filing of this Indictment, in Nairobi, Kenya, Dar es Salaam,
Tanzania, and outside the jurisdiction of any particular state or
district, MOHAMED SADEEK ODEN, a/k/a "Abu Moath," and MOHAMED
RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed,"
a/k/a "Abdul Jabbar Ali Abdel-Latif," a/k/a "Moath," the
defendants, being first brought to and arrested in the Southern
District of New York, together with others known and unknown,
including members of al Qaeda, unlawfully, willfully, and
knowingly, and without lawful authority, combined, conspired,
confederated and agreed together and with each other to maliciously
damage and destroy, and attempt to damage and destroy, by means of
fire and an explosive, buildings, vehicles and other personal and
real property in whole and in part owned and possessed by, and
leased to, the United States, to wit, the United States Embassy
compounds in Nairobi, Kenya, and Dar es Salaam, Tanzania, and as a
result of such conduct directly and proximately caused the deaths
of more than 200 persons (including Kenyan, Tanzanian and American
citizens) and injuries to well more than 5000 persons.
Overt Acts
4. In furtherance of the conspiracy and to effect the
illegal objects thereof, the defendants and their co-conspirators
committed the following overt acts, among others:
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a. On or about July 31, 1998, MOHAMED RASHED DAOUD
AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a "Abdul
Jabbar Ali Abdel-Latif," a/k/a "Moath," the defendant, traveled
from Lahore, Pakistan to Nairobi, Kenya;
b. On or about August 2, 1998, MOHAMED SADEEK
ODEN, a/k/a "Abu Moath," the defendant, met with other members of
al Qaeda in Nairobi, Kenya;
c. On or about August 4, 1998, MOHAMED RASHED
DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a
"Abdul Jabbar Ali Abdel-Latif," a/k/a "Moath," the defendant,
together with others known and unknown, including members of al
Qaeda, reconnoitered the United States Embassy in Nairobi, kenya;
d. On or about August 6, 1998, MOHAMED SADEEK
ODEN, a/k/a "Abu Moath," the defendant, based on instructions from
al Qaeda members, left Nairobi, Kenya, for Pakistan under an
assumed name;
e. On or about August 7, 1998, MOHAMED RASHED
DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a
"Abdul Jabbar Ali Abdel-Latif," a/k/a "Moath," the defendant, along
with a co-conspirator not charged herein, traveled in a vehicle
containing an improvised explosive device from a location in
Nairobi, Kenya, to the United States Embassy in Nairobi, Kenya;
f. On or about August 7, 1998, at approximately
10:40 a.m., at least one co-conspirator detonated an improvised
explosive device in the vicinity of the United States Embassy
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compound in Nairobi, kenya; and
g. On or about August 7, 1998, at approximately
10:40 a.m., at least one co-conspirator detonated an improvised
explosive device in the vicinity of the United States Embassy
compound in Dar es Salaam, Tanzania.
(Title 18, United States Code, Sections 844(f)(1), (f)(3)
and 844 (n).)
COUNT TWO: MURDER CONSPIRACY
The Grand Jury further charges:
5. The allegations contained in paragraphs 1 and 2 are
repeated herein.
6. From in or about 1994 through the date of the filing
of this Indictment, outside the jurisdiction of any particular
state or district, MOHAMED SADEEK ODEN, a/k/a "Abu Moath," and
MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin
Rashed," a/k/a "Abdul Jabbar Ali Abdel-Latif," a/k/a "Moath," the
defendants, being first brought to and arrested in the Southern
District of New York, together with others known and unknown,
unlawfully, willfully, and knowingly, and combined, conspired,
confederated and agreed together and with each other to commit
murder in the special maritime and territorial jurisdiction of the
United States, as that term is defined in Title 18, United States
Code, Section 7(3), to wit, the defendants conspired together with
members of al Qaeda, an international terrorist organization, to
bomb the United States Embassy compounds in Nairobi, Kenya, and
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Dar es Salaam, Tanzania, and to kill American civilians and other
persons.
Overt Acts
7. In furtherance of the conspiracy and to effect the
illegal objects thereof, the defendants and others committed the
overt acts set forth above in Count One.
(Title 18, United States Code, Section 7(3) and 1117.)
COUNT THREE:
BOMBING THE UNITED STATES EMBASSY IN
NAIROBI, KENYA, RESULTING IN MORE THAN 200 DEATHS
The Grand Jury further charges:
8. The allegations contained in paragraphs 1 and 2 are
repeated herein.
9. On or about August 7, 1998, in Nairobi, Kenya, and
outside the jurisdiction of any particular state or district,
MOHAMED SADEEK ODEN, a/k/a "Abu Moath," and MOHAMED RASHED DAOUD
AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a "Abdul
Jabbar Ali Abdel-Latif," a/k/a "Moath," the defendants, being first
brought to and arrested in the Southern District of New York,
together with others known and unknown, unlawfully, willfully, and
knowingly did maliciously damage and destroy, and attempted to
damage and destroy, by means of fire and an explosive, buildings,
vehicles and other personal and real property in whole and in part
owned and possessed by, and leased to, the United States, to wit,
the defendants, together with other members of al Qaeda, an
6
international terrorist organization, detonated an explosive device
that damaged and destroyed the United States Embassy in Nairobi,
Kenya, and as a result of such conduct directly and proximately
caused the deaths of more than 200 persons, including Kenyan and
American citizens.
(Title 18, United States Code, Sections 844(f)(1), (f)(3) and 2.)
COUNT FOUR:
BOMBING OF UNITED STATES EMBASSY IN
DAR ES SALAAM, TANZANIA, RESULTING IN AT LEAST 11 DEATHS
The Grand Jury further charges:
10. The allegations contained in paragraphs 1 and 2 are
repeated herein.
11. On or about August 7, 1998, in Dar es Salaam,
Tanzania, and outside the jurisdiction of any particular state or
district, MOHAMED SADEEK ODEN, a/k/a "Abu Moath," and MOHAMED
RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed,"
a/k/a "Abdul Jabbar Ali Abdel-Latif," a/k/a "Moath," the
defendants, being first brought to and arrested in the Southern
District of New York, together with others known and unknown,
unlawfully, willfully, and knowingly did maliciously damage and
destroy, and attempted to damage and destroy, by means of fire and
an explosive, buildings, vehicles and other personal and real
property in whole and in part owned and possessed by, and leased
to, the United States, to wit, the defendants, together with other
members of al Qaeda, an international terrorist organization,
7
detonated an explosive device that damaged and destroyed the United
States Embassy in Dar es Salaam, Tanzania, and as a result of such
conduct directly and proximately caused the deaths of at least 11
persons, including Tanzanian citizens.
(Title 18, United States Code, Sections 844(f)(1), (f)(3) and 2.)
[Blank] [Signature]
_________________________ _____________________________
FOREPERSON MARY JO WHITE
United states Attorney
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[End indictment]
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