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4 November 1998
Source: Hardcopy, US Attorney, SDNY, press conference. Thanks to MS/HH, (212) 637-2600.

See related indictment today of Usama Bin Laden: http://jya.com/usa-v-laden.htm
See related press release: http://jya.com/usa110498.htm
See related files: http://jya.com/alqfiles.htm

[4 November 1998]

    UNITED STATES DISTRICT COURT
    SOUTHERN DISTRICT OF NEW YORK
    -----------------------------------------x
    UNITED STATES OF AMERICA                 :

         - v. -                              :

    USAMA BIN LADEN,                         :    INDICTMENT
       a/k/a "Usamah Bin-Muhammad
             Bin-Ladin,"                     : S(2) 98 Cr. 1023 (LBS)
       a/k/a "Shaykh Usamah Bin-Ladin,"
       a/k/a "Abu Abdullah"                  :
       a/k/a "Mujahid Shaykh,"
       a/k/a "Hajj,"                         :
       a/k/a "al Qaqa,"
       a/k/a "the Director,"                 :
    MUHAMMAD ATEF,
       a/k/a "Abu Hafs,"                     :
       a/k/a "Abu Hafs el Masry,"
       a/k/a "Abu Hafs el Masry el Khabir,"  :
       a/k/a "Taysir,"
       a/k/a "Sheikh Taysir Abdullah,"       :
    WADIH EL HAGE,
       a/k/a "Abdus Sabbur,"                 :
       a/k/a "Abd al Sabbur,"
       a/k/a "Norman,"                       :
       a/k/a "Wa'da Norman,"
    FAZUL ABDULLAH MOHAMMED,                 :
       a/k/a "Harun Fazhl,"
       a/k/a "Fazhl Abdullah,"               :
       a/k/a "Fazhl Khan,"
    MOHAMED SADEEK ODEH,                     :
       a/k/a "Abu Moath,"
       a/k/a "Noureldine,"                   :
       a/k/a "Marwan,"
       a/k/a "Hydar," and                    :
    MOHAMED RASHED DAOUD AL-'OWHALI,
       a/k/a "Khalid Salim Saleh             :
               Bin Rashed,"
       a/k/a "Moath,"                        :
       a/k/a "Abdul Jabbar Ali Abdel-Latif,"
                                             :
                       Defendants.
    -----------------------------------------x

                              INTRODUCTION

             The Grand Jury charges:

                          Background: Al Qaeda

             1.   At all relevant times from in or about 1989 until
    the date of the filing of this Indictment, an international

                                   [1]

    terrorist group existed which was dedicated to opposing non-

    Islamic governments with force and violence. This organization

    grew out of the "mekhtab al khidemat" (the "Services Office")

    organization which had maintained offices in various parts of the

    world, including Afghanistan, Pakistan (particularly in Peshawar)

    and the United States, particularly at the Alkifah Refugee Center

    in Brooklyn, New York. The group was founded by defendants USAMA

    BIN LADEN and MUHAMMED ATEF, a/k/a "Abu Hafs al Masry," together

    with "Abu Ubaidah al Banshiri" and others. 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 (hereafter

    referred to as "al Qaeda") was headquartered in Afghanistan and

    Peshawar, Pakistan. In or about 1991, the leadership of al

    Qaeda, including its "emir" (or prince) defendant USAMA BIN

    LADEN, relocated to the Sudan. A1 Qaeda was headquartered in the

    Sudan from approximately 1991 until approximately 1996 but still

    maintained offices in various parts of the world. In 1996,

    defendants USAMA BIN LADEN and MUHAMMED ATEF and other members of

    al Qaeda relocated to Afghanistan. At all relevant times, al

    Qaeda was led by its emir, defendant USAMA BIN LADEN. Members of

    al Qaeda pledged an oath of allegiance (called a "bayat") to

    defendant USAMA BIN LADEN and al Qaeda.

              2. A1 Qaeda opposed the United States for several

    reasons. First, the United States was regarded as an "infidel"

    because it was not governed in a manner consistent with the

    qroup's extremist interpretation of Islam. Second, the United

                                    2

    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 organization, 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, which were

    viewed by al Qaeda as pretextual preparations for an American

    occupation of Islamic countries. 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 al Qaeda or its affiliated terrorist groups

    or with whom it worked, including Sheik Omar Abdel Rahman.

              3. One of the principal goals of al Qaeda was to

    drive the United States armed forces out of Saudi Arabia (and

    elsewhere on the Saudi Arabian peninsula) and Somalia by

    violence. Members of al Qaeda issued fatwahs (rulings on Islamic

    law) indicating that such attacks were both proper and necessary.

              4. A1 Qaeda functioned both on its own and through

    some of the terrorist organizations that operated under its

    umbrella, including: the A1 Jihad group based in Egypt, led by,

    among others, Dr. Ayman al Zawahiri, named as a co-conspirator

    but not as a defendant herein; the Islamic Group (also known as

    "el Gamaa Islamia" or simply "Gamaa't"), led by Sheik Omar Abdel

                                    3

    Rahman and later by Ahmed Refai Taha, a/k/a "Abu Yasser al

    Masri," named as co-conspirators but not as defendants herein;

    and a number of jihad groups in other countries, including the

    Sudan, Egypt, Saudi Arabia, Yemen, Somalia, Eritrea, Djibouti,

    Afghanistan, Pakistan, Bosnia, Croatia, Albania, Algeria,

    Tunisia, Lebanon, the Philippines, Tajikistan, Azerbaijan and the

    Kashmiri region of India and the Chechnyan region of Russia. Al

    Qaeda also maintained cells and personnel in a number of

    countries to facilitate its activities, including in Kenya,

    Tanzania, the United Kingdom and the United States.

              5. A1 Qaeda had a command and control structure which

    included a majlis al shura (or consultation council) which

    discussed and approved major undertakings, including terrorist

    operations. USAMA BIN LADEN and MUHAMMED ATEF, a/k/a "Abu Hafs,"

    the defendants, among others, sat on the majlis al shura (or

    consultation council) of al Qaeda.

              6. A1 Qaeda also had a "military committee" which

    considered and approved "military" matters. MUHAMMED ATEF, a/k/a

    "Abu Hafs," the defendant, sat on the military committee and was

    one of defendant USAMA BIN LADEN's two principal military

    commanders together with "Abu Ubaidah al Banshiri," until the

    death of "Abu Ubaidah al Banshiri" in 1996. Among his other

    duties, MUHAMMED ATEF, a/k/a "Abu Hafs," the defendant, had the

    principal responsibility for the training of al Qaeda members.

              7. USAMA BIN LADEN, the defendant, and al Qaeda also

    forged alliances with the National Islamic Front in the Sudan and

                                    4

    with representatives of the government of Iran, and its

    associated terrorist group Hezballah, for the purpose of working

    together against their perceived common enemies in the West,

    particularly the United States.

                               COUNT ONE

              The Conspiracy to Kill United States Nationals

              8.   From at least 1991 until the date of the filing of

    this Indictment, in the Southern District of New York, in

    Afghanistan, Pakistan, the Sudan, Saudi Arabia, Yemen, Somalia,

    Kenya, Tanzania, the Philippines and elsewhere out of the

    jurisdiction of any particular state or district, USAMA BIN

    LADEN, a/k/a "Usamah Bin-Muhammad Bin-Ladin," a/k/a "Shaykh

    Usamah Bin-Ladin," a/k/a "Abu Abdallah," a/k/a "Mujahid Shaykh,"

    a/k/a "Hajj," a/k/a "al Qaqa," a/k/a "the Director," MUHAMMAD

    ATEF, a/k/a "Abu Hafs," a/k/a "Abu Hafs el Masry," a/k/a "Abu

    Hafs el Masry el Khabir," a/k/a "Taysir," a/k/a "Sheikh Taysir

    Abdullah," WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al

    Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," FAZUL ABDULLAH

    MOHAMMED, a/k/a "Harun Fazhl," a/k/a "Fazhl Abdullah," a/k/a

    "Fazhl Khan," MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a

    "Noureldine," a/k/a "Marwan," a/k/a "Hydar," and MOHAMED RASHED

    DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a

    "Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif," defendants at

    least one of whom was first brought to and arrested in the

    Southern District of New York, together with other members and

    associates of al Qaeda and others known and unknown to the Grand

                                    5

    Jury, unlawfully, willfully and knowingly combined, conspired,

    confederated and agreed to kill nationals of the United States in

    violation of Title 18, United States Code, Section 2332(a).

              9. The objectives of the conspiracy included: (i)

    killing United States nationals employed by the United States

    military who were serving in Somalia and on the Saudi Arabian

    peninsula; (ii) killing United States nationals employed at the

    United States Embassies in Nairobi, Kenya, and Dar es Salaam,

    Tanzania; and (iii) engaging in conduct to conceal the activities

    and means and methods of the co-conspirators by, among other

    things, establishing front companies, providing false identity

    and travel documents, engaging in coded correspondence and

    providing false information to the authorities in various

    countries.

                               Overt Acts

              10. In furtherance of the said conspiracy, and to

    effect the illegal objects thereof, the following overt acts,

    among others, were committed:

    The Provision of Guesthouses and Training Camps

                   a. At various times from at least as early as

    1989, USAMA BIN LADEN, the defendant, and others known and

    unknown, provided training camps and guesthouses in various

    areas, including Afghanistan, Pakistan, the Sudan, Somalia and

    Kenya for the use of al Qaeda and its affiliated groups;

    The Recruitment of American Citizens

                   b. At various times from at least as early as

                                    6

    1989, USAMA BIN LADEN, the defendant, and others known and

    unknown, made efforts to recruit United States citizens,

    including the defendant WADIH EL HAGE, a/k/a "Abdus Sabbur,"

    a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," to

    help al Qaeda in order to utilize the American citizens for

    travel throughout the Western world to deliver messages and

    engage in financial transactions for the benefit of al Qaeda and

    its affiliated groups and to help carry out operations;

    Financial Dealings

                   c. At various times from at least as early as

    1989 until the date of the filing of this Indictment, defendant

    USAMA BIN LADEN, and others known and unknown to the Grand Jury,

    engaged in financial and business transactions on behalf of al

    Qaeda, including, but not limited to: purchasing land for

    training camps; purchasing warehouses for storage of items,

    including explosives; transferring funds between corporate

    accounts; and transporting currency and weapons to members of al

    Qaeda and its associated terrorist organizations in various

    countries throughout the world;

    Establishment of Businesses in the Sudan

                   d. Following al Qaeda's move to the Sudan in or

    about 1991, defendant USAMA BIN LADEN established a headquarters

    in the Riyadh section of Khartoum. USAMA BIN LADEN, the

    defendant, also established a series of businesses in the Sudan,

    including a holding company known as "Wadi al Aqiq", a

    construction business known as "Al Hijra," an agricultural

                                    7

    company known as "al Themar al Mubaraka," an investment company

    known as "Ladin International," an investment company known as

    "Taba Investments," and a transportation company known as

    "Qudarat Transport Company." These companies were operated to

    provide income to support al Qaeda and to provide cover for the

    procurement of explosives, weapons and chemicals and for the

    travel of al Qaeda operatives. The defendant WADIH EL HAGE,

    a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman,"

    a/k/a "Wa'da Norman," worked for various of the Bin Laden

    companies and also served as Bin Laden's personal secretary;

    Mohamed Sadeek Odeh Joins al Qaeda

                   e. In or about 1992, defendant MOHAMED SADEEK

    ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a "Marwan,"

    a/k/a "Hydar," after receiving training (including explosives

    training) in various camps in Afghanistan, including al Qaeda

    camps, joined al Qaeda and agreed to follow the orders of

    defendant USAMA BIN LADEN, the emir (prince) of al Qaeda, as long

    as the orders did not violate Islamic law. ODEH remained a

    member of al Qaeda through at least on or about August 7, 1998;

    The Fatwahs Against American Troops in Saudi Arabia and Yemen

                   f. At various times from in or about 1992 until

    the date of the filing of this Indictment, USAMA BIN LADEN, the

    defendant, working together with members of the fatwah committee

    of al Qaeda, issued fatwahs (rulings on Islamic law) to other

    members and associates of al Qaeda that the United States forces

    stationed on the Saudi Arabian peninsula, including both Saudi

                                    8

    Arabia and Yemen, should be attacked;

    The Fatwah Against American Troops in Somalia

                   g. At various times from in or about 1992 until

    in or about 1993, USAMA BIN LADEN, the defendant, working

    together with members of the fatwah committee of al Qaeda, issued

    fatwahs to other members and associates of al Qaeda that the

    United States forces stationed in the Horn of Africa, including

    Somalia, should be attacked;

    The Establishment of Training Camps for Somalia

                   h. In or about late 1992 and 1993, MUHAMMED ATEF,

    a/k/a "Abu Hafs el Masry," a/k/a "Abu Hafs," the defendant,

    travelled to Somalia on several occasions for the purpose of

    determining how best to cause violence to the United States and

    United Nations military forces stationed there and reported back

    to defendant USAMA BIN LADEN and other al Qaeda members at USAMA

    BIN LADEN's facilities located in Khartoum, the Sudan;

                   i. Beginning in or about early spring 1993, al

    Qaeda members, including the defendants MUHAMMED ATEF, a/k/a "Abu

    Hafs el Masry," FAZUL ABDULLAH MOHAMMED, a/k/a "Harun Fazhl,"

    a/k/a "Fazhl Abdullah," a/k/a "Fazhl Khan," and MOHAMED SADEEK

    ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a "Marwan,"

    a/k/a "Hydar," along with "Abu Ubaidah al Banshiri," a co-

    conspirator not named herein as a defendant, provided military

    training and assistance to Somali tribes opposed to the United

    Nations' intervention in Somalia;

                                    9

    The Attacks on the United States Forces in Somalia

                   j. On October 3 and 4, 1993, in Mogadishu,

    Somalia, persons who had been trained by al Qaeda (and by

    trainers trained by al Qaeda) participated in an attack on United

    States military personnel serving in Somalia as part of Operation

    Restore Hope, which attack resulted in the killing of 18 United

    States Army personnel;

    The Shipment of Weapons and Explosives to Saudi Arabia

                   k. On at least two occasions in the period from

    in or about 1992 until in or about 1995, members of al Qaeda

    transported weapons and explosives from Khartoum in the Sudan to

    the coastal city of Port Sudan for transshipment to the Saudi

    Arabian peninsula;

    The Efforts to Obtain Nuclear Weapons and Their Components

                   l. At various times from at least as early as

    1993, USAMA BIN LADEN, the defendant, and others known and

    unknown, made efforts to obtain the components of nuclear

    weapons;

    The Efforts to Obtain Chemical Weapons and Their Components

                   m. At various times from at least as early as

    1993, USAMA BIN LADEN, the defendant, and others known and

    unknown, made efforts to obtain the components of chemical

    weapons;

    The Establishment of the Kenya Base of Operations

                   n. In or about 1994, the defendant MOHAMED SADEEK

    ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a "Marwan,"

                                   10

    a/k/a "Hydar," moved to Mombasa, Kenya, and set up a fishing

    business with al Qaeda money which was used to support al Qaeda

    members in Kenya. While in Kenya, ODEH was visited by the

    military commanders of al Qaeda, defendant MUHAMMED ATEF, a/k/a

    "Abu Hafs el Masry," and "Abu Ubaidah al Banshiri";

                   o. In or about 1994, the defendant WADIH EL HAGE,

    a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman,"

    a/k/a "Wa'da Norman," moved from Khartoum in the Sudan to

    Nairobi, Kenya, and set up businesses and other organizations in

    Kenya. While in Kenya, the defendant WADIH EL HAGE, a/k/a "Abdus

    Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    Norman," met repeatedly with one of the military commanders of al

    Qaeda, "Abu Ubaidah al Banshiri";

                   p. In or about 1996, in Mombasa, Kenya, an

    individual associated with al Qaeda displayed TNT and detonators

    obtained in Tanzania to the defendant MOHAMED SADEEK ODEH, a/k/a

    "Abu Moath," a/k/a "Noureldine," a/k/a "Marwan," a/k/a "Hydar";

    The Drowning of "Abu Ubaidah al Banshiri" and its Aftermath

                   q. In or about the spring of 1996, "Abu Ubaidah

    al Banshiri," a ranking military commander of al Qaeda, was

    travelling by ferry through Lake Victoria when the boat sank and

    "Abu Ubaidah" drowned;

                   r. In or about the spring of 1996, the defendants

    WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur,"

    "Norman," a/k/a "Wa'da Norman," and FAZUL ABDULLAH MOHAMMED,

    a/k/a "Harun Fazhl," a/k/a "Fazhl Abdullah," a/k/a "Fazhl Khan,"

                                   11

    went to Lake Victoria to investigate the circumstances of the

    drowning of "Abu Ubaidah al Banshiri" and to report back to

    defendant USAMA BIN LADEN;

    Al-'Owhali Receives Training in al Qaeda Camps

                   s. Beginning in or about 1996, the defendant

    MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin

    Rashed," a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif," was

    trained in a number of camps in Afghanistan, including a number

    of camps affiliated with al Qaeda. AL-'OWHALI was trained in

    explosives, hijacking, kidnapping, assassination and intelligence

    techniques;

    The August 1996 Declaration of War

                   t. On or about August 23, 1996, USAMA BIN LADEN,

    the defendant, signed and issued a Declaration of Jihad entitled

    "Message from Usamah Bin-Muhammad Bin-Laden to His Muslim

    Brothers in the Whole World and Especially in the Arabian

    Peninsula: Declaration of Jihad Against the Americans Occupying

    the Land of the Two Holy Mosques; Expel the Heretics from the

    Arabian Peninsula" (hereafter the "Declaration of Jihad") from

    the Hindu Kush mountains in Afghanistan;

    Al-'Owhali Meets with Bin Laden

                   u. In or about 1996, following his training in a

    number of camps in Afghanistan, including a number of camps

    affiliated with al Qaeda, the defendant MOHAMED RASHED DAOUD AL-

    'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a "Moath,"

    a/k/a "Abdul Jabbar Ali Abdel-Latif," met with defendant USAMA

                                   12

    BIN LADEN and asked him for a "mission";

    El Hage Engages in Coded Correspondence

                   v. At various times during the course of the

    conspiracy, the defendant WADIH EL HAGE, a/k/a "Abdus Sabbur,"

    a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman,"

    engaged in coded correspondence with other members and associates

    of the al Qaeda organization;

    El Hage Lies to the FBI in September 1997

                   w. On or about September 23, 1997, in the

    Southern District of New York, the defendant WADIH EL HAGE, a/k/a

    "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a

    "Wa'da Norman," made false statements concerning the nature of

    his contacts with al Qaeda to a Special Agent of the Federal

    Bureau of Investigation conducting a criminal investigation of al

    Qaeda;

    El Hage Lies to the Grand Jury in September 1997

                   x. On or about September 24, 1997, in the

    Southern District of New York, the defendant WADIH EL HAGE, a/k/a

    "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a

    "Wa'da Norman," made false statements concerning the nature of

    his contacts with al Qaeda to a federal Grand Jury conducting an

    investigation of al Qaeda;

    El Hage Lies to the FBI in October 1997

                   y. On or about October 17, 1997, in Texas, the

    defendant WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al

    Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," made false

                                   13

    statements concerning the nature of his contacts with al Qaeda to

    Special Agents of the Federal Bureau of Investigation conducting

    a criminal investigation of al Qaeda;

    The February 1998 Fatwah Against American Civilians

                   z. In February 1998, USAMA BIN LADEN, the

    defendant, endorsed a fatwah under the banner of the

    "International Islamic Front for Jihad on the Jews and

    Crusaders." This fatwah stated that Muslims should kill

    Americans -- including civilians -- anywhere in the world where

    they can be found;

                   aa. In or about April 1998, the defendant MOHAMED

    SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a

    "Marwan," a/k/a "Hydar," discussed the fatwahs issued by BIN

    LADEN and al Qaeda against America with another member of al

    Qaeda in Kenya;

    The May 1998 Fatwah

                   ab. In early May 1998, USAMA BIN LADEN, the

    defendant, caused to be published in the newspaper Al-Ouds al-

    'Arabi a fatwah issued by the "Ulema Union of Afghanistan" which

    termed the United States Army the "enemies of Islam" and declared

    a jihad against the United States and its followers;

    The May 1998 Press Conference

                   ac. In the days immediately following a May 1998

    press interview, USAMA BIN LADEN, the defendant, held a press

    conference in Khost, Afghanistan, attended also by the defendants

    MUHAMMED ATEF, a/k/a "Abu Hafs el Masry," and MOHAMED RASHED

                                   14

    DAOUD AL-'OWHALI, where USAMA BIN LADEN repeated his intention to

    kill Americans;

    Preparation for the Bombings of United States Embassies

                   ad. In or about May 1998, the defendant FAZUL

    ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a "Fazhl Abdullah,"

    a/k/a "Fazhl Khan," rented a villa located at 43 Rundu Estates in

    Nairobi, Kenya;

                   ae. In or about July 1998, the defendant MOHAMED

    SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a

    "Marwan," a/k/a "Hydar," discussed with another member of al

    Qaeda in Kenya the fact that defendant USAMA BIN LADEN had formed

    a united front against the United States with other Islamic

    extremist groups;

                   af. On or about July 31, 1998, the defendant

    MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin

    Rashed," a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif,"

    travelled from Lahore, Pakistan, to Nairobi, Kenya;

                   ag. In or about July 1998, the defendant MOHAMED

    RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed,"

    a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif," and an

    individual known as "Azzam" filmed a videotape to celebrate their

    anticipated "martyrdom" in a bombing operation to be conducted

    against United States interests in East Africa, claiming credit

    in the name of a fictitious organization, the "Army for the

    Liberation of Islamic Holy Places";

                   ah. Prior to August 2, 1998, the defendant

                                   15

    MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a

    "Marwan," a/k/a "Hydar," obtained a false passport to facilitate

    his travel with other al Qaeda members to Afghanistan to meet

    with defendant USAMA BIN LADEN;

                   ai. On or about August 1, 1998, an al Qaeda

    member advised the defendant MOHAMED SADEEK ODEH, a/k/a "Abu

    Moath," a/k/a "Noureldine," a/k/a "Marwan," a/k/a "Hydar," that

    all members of al Qaeda had to leave Kenya by Thursday, August 6,

    1998;

                   aj. In or about early August 1998, the defendant

    MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a

    "Marwan," a/k/a "Hydar," and other members of al Qaeda travelled

    from Mombasa, Kenya, to Nairobi, Kenya;

    The Final Preparations for the Bombings

                   ak. During the first week of August 1998, the

    defendants FAZUL ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a

    "Fazhl Abdullah," a/k/a "Fazhl Khan," and MOHAMED RASHED DAOUD

    AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a "Moath,"

    a/k/a "Abdul Jabbar Ali Abdel-Latif," together with "Azzam" and

    other members of al Qaeda, met at a villa located at number 43

    Rundu Estates in Nairobi, Kenya, to make final preparations for

    the bombing of the United States Embassy in Nairobi, Kenya;

                   al. On or about August 2, 1998, the defendants

    MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a

    "Marwan," a/k/a "Hydar," and FAZUL ABDULLAH MOHAMMED, a/k/a

    "Harun Fazhl," a/k/a "Fazhl Abdullah," a/k/a "Fazhl Khan,"

                                   16

    together with other members of al Qaeda, met at the Hilltop Hotel

    in Nairobi, Kenya;

                   am. From on or about August 2 through on or about

    August 6, 1998, the defendant MOHAMED SADEEK ODEH, a/k/a "Abu

    Moath," a/k/a "Noureldine," a/k/a "Marwan," a/k/a "Hydar," stayed

    together with other members of al Qaeda at the Hilltop Hotel in

    Nairobi, Kenya;

                   an. On or about August 4, 1998, the defendants

    FAZUL ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a "Fazhl

    Abdullah," a/k/a "Fazhl Khan," and MOHAMED RASHED DAOUD AL-

    'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a "Moath,"

    a/k/a "Abdul Jabbar Ali Abdel-Latif," together with "Azzam" and

    other members of al Qaeda, reconnoitered the United States

    Embassy in Nairobi, Kenya;

                   ao. On or about August 5, 1998, the defendant

    MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a

    "Marwan," a/k/a "Hydar," shaved his beard and obtained new

    clothing in preparation for travel outside of Kenya to

    Afghanistan to meet with defendant USAMA BIN LADEN;

                   ap. On or about August 5, 1998, the defendant

    MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a

    "Marwan," a/k/a "Hydar," walked along Moi Avenue in Nairobi,

    Kenya, in the vicinity of the United States Embassy;

    Odeh's Flight from Nairobi the Night Before the Bombings

                   aq. On or about August 6, 1998, in the evening,

    the defendant MOHAMED SADEEK ODEH, a/k/a "Abu Moath," a/k/a

                                   17

    "Noureldine," a/k/a "Marwan," a/k/a "Hydar," based on

    instructions from al Qaeda members, left Nairobi, Kenya, for

    Pakistan under an assumed name on Pakistani International Airways

    flight # 746;

    The Bombing in Nairobi

                   ar. On August 7, 1998, beginning at

    approximately 9:30 a.m., the defendant FAZUL ABDULLAH MOHAMMED,

    a/k/a "Harun Fazhl," a/k/a "Fazhl Abdullah," a/k/a "Fazhl Khan,"

    drove a pick-up truck from the villa located at 43 Rundu Estates

    to the vicinity of the United States Embassy in Nairobi, Kenya,

    while the defendant MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a

    "Khalid Salim Saleh Bin Rashed," a/k/a "Moath," a/k/a "Abdul

    Jabbar Ali Abdel-Latif," rode in another vehicle containing a

    large bomb driven by "Azzam" (the "Nairobi Bomb Truck") to the

    United States Embassy in Nairobi, Kenya. The defendant MOHAMED

    RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed,"

    a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif," possessed

    four stun-grenade type devices, a handgun and keys to the

    padlocks on the Nairobi Bomb Truck;

                   as. On August 7, 1998, at approximately 10:30

    a.m., the defendant MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a

    "Khalid Salim Saleh Bin Rashed," a/k/a "Moath," a/k/a "Abdul

    Jabbar Ali Abdel-Latif," got out of the Nairobi Bomb Truck as it

    approached the rear of the Embassy building and brandished a stun

    grenade before throwing it in the direction of a security guard

    and then seeking to flee;

                                   18

                   at. On August 7, 1998, at approximately 10:30

    a.m., "Azzam" drove the Nairobi Bomb Truck to the rear of the

    Embassy building and fired a handgun at the windows of the

    Embassy building;

                   au. On August 7, 1998, at approximately 10:30

    a.m., "Azzam" detonated the explosive device contained in the

    Nairobi Bomb Truck at a location near the rear of the Embassy

    building, demolishing a multi-story secretarial college and

    severely damaging the United States Embassy building and the

    Cooperative Bank Building, causing a total of more than 213

    deaths, as well as injuries to more than 4,500 people, including

    citizens of Kenya and the United States;

                   av. Following the August 7, 1998, bombing of the

    Embassy building, the defendant MOHAMED RASHED DAOUD AL-'OWHALI,

    a/k/a "Khalid Salim Saleh Bin Rashed," a/k/a "Moath," a/k/a

    "Abdul Jabbar Ali Abdel-Latif," sought to secrete bullets and

    keys to the padlock on the Nairobi Bomb Truck in a hospital

    clinic in Nairobi;

    The Dar es Salaam Bombing

                   aw. On August 7, 1998, at approximately 10:40

    a.m., a co-conspirator detonated an explosive device contained in

    a vehicle in the vicinity of the United States Embassy building

    located in Dar es Salaam, Tanzania, severely damaging the United

    States Embassy building and causing the deaths of at least 11

    persons, including Tanzanian citizens, on the Embassy property,

    as well as injuries to at least 85 people;

                                   19

    "Harun" Flees After the Bombing

                   ax. In the days immediately following the

    bombings, the defendant FAZUL ABDULLAH MOHAMMED, a/k/a "Harun

    Fazhl," a/k/a "Fazhl Abdullah," a/k/a "Fazhl Khan," hired persons

    to clean the villa located at 43 Rundu Estates in Nairobi, Kenya;

                   ay. On or about August 14, 1998, the defendant

    FAZUL ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a "Fazhl

    Abdullah," a/k/a "Fazhl Khan," went to the Comoros Islands;

    El Hage Lies to the FBI in Auqust 1998

                   az. On or about August 20, 1998, in Texas, the

    defendant WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al

    Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," made false

    statements concerning the nature of his contacts with al Qaeda to

    Special Agents of the Federal Bureau of Investigation conducting

    a criminal investigation of al Qaeda and the August 1998 bombings

    in Africa; and

    E1 Hage Lies to the Grand Jury in September 1998

                   ba. On or about September 16, 1998, in the

    Southern District of New York, the defendant WADIH EL HAGE, a/k/a

    "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a

    "Wa'da Norman," made false statements concerning the nature of

    his contacts with al Qaeda to a federal Grand Jury conducting an

    investigation of al Qaeda and the August 1998 bombings in Africa.

             (Title 18, United States Code, Section 2332(b).)

                                   20

              COUNTS TWO THROUGH TWO HUNDRED TWENTY SEVEN:
                           THE AFRICA BOMBINGS

                               COUNT TWO
                BOMBING OF THE UNITED STATES EMBASSY IN
            NAIROBI, KENYA RESULTING IN MORE THAN 200 DEATHS

              The Grand Jury further charges:

              11. The allegations contained in paragraphs 1 through 7

    are repeated herein.

              12. On or about August 7, 1998, in Nairobi, Kenya, and

    outside the jurisdiction of any particular state or district, USAMA

    BIN LADEN, a/k/a "Usamah Bin-Muhammad Bin-Ladin," a/k/a "Shaykh

    Usamah Bin-Ladin," a/k/a "Abu Abdallah," a/k/a "Mujahid Shaykh,"

    a/k/a "Hajj," a/k/a "al Qaqa," a/k/a "the Director," MUHAMMAD ATEF,

    a/k/a "Abu Hafs," a/k/a "Abu Hafs el Masry," a/k/a "Abu Hafs el

    Masry el Khabir," a/k/a "Taysir," a/k/a "Sheikh Taysir Abdullah,"

    FAZUL ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a "Fazhl

    Abdullah," a/k/a "Fazhl Khan," MOHAMED SADEEK ODEH, a/k/a "Abu

    Moath," a/k/a "Noureldine," a/k/a "Marwan," a/k/a "Hydar," and

    MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin

    Rashed," a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif,"

    defendants, at least one of whom was first brought to and arrested

    in the Southern District of New York, and 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,

                                   21

    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 at least 213 persons,

    including Kenyan and American citizens.

    (Title 18, United States Code, Sections 844(f)(1),(f)(3) and 2.)

                              COUNT THREE:
                BOMBING OF THE UNITED STATES EMBASSY IN
        DAR ES SALAAM, TANZANIA, RESULTING IN AT LEAST 11 DEATHS

              The Grand Jury further charges:

              13. The allegations contained in paragraphs 1 through 7

    are repeated herein.

             14. On or about August 7, 1998, in Dar es Salaam,

    Tanzania, and outside the jurisdiction of any particular state or

    district, USAMA BIN LADEN, a/k/a "Usamah Bin-Muhammad Bin-Ladin,"

    a/k/a "Shaykh Usamah Bin-Ladin," a/k/a "Abu Abdallah," a/k/a

    "Mujahid Shaykh," a/k/a "Hajj," a/k/a "al Qaqa," a/k/a "the

    Director," MUHAMMAD ATEF, a/k/a "Abu Hafs," a/k/a "Abu Hafs el

    Masry," a/k/a "Abu Hafs el Masry el Khabir," a/k/a "Taysir," a/k/a

    "Sheikh Taysir Abdullah," FAZUL ABDULLAH MOHAMMED, a/k/a "Harun

    Fazhl," a/k/a "Fazhl Abdullah," a/k/a "Fazhl Khan," MOHAMED SADEEK

    ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a "Marwan," a/k/a

    "Hydar," and MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim

    Saleh Bin Rashed," a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-

    Latif," defendants, at least one of whom was first brought to and

    arrested in the Southern District of New York, and others known and

    unknown, unlawfully, willfully, and knowingly did maliciously

    damage and destroy, and attempted to damage and destroy, by means

                                   22

    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,

    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.)

                COUNTS FOUR THROUGH TWO HUNDRED SIXTEEN:
                        MURDERS IN NAIROBI, KENYA

              The Grand Jury further charges:

              15. The allegations contained in paragraphs 1 through 7

    are repeated herein.

              16. On or about August 7, 1998, in Nairobi, Kenya, and

    outside the jurisdiction of any particular state or district, USAMA

    BIN LADEN, a/k/a "Usamah Bin-Muhammad Bin-Ladin," a/k/a "Shaykh

    Usamah Bin-Ladin," a/k/a "Abu Abdallah," a/k/a "Mujahid Shaykh,"

    a/k/a "Hajj," a/k/a "al Qaqa," a/k/a "the Director," MUHAMMAD ATEF,

    a/k/a "Abu Hafs," a/k/a "Abu Hafs el Masry," a/k/a "Abu Hafs el

    Masry el Khabir," a/k/a "Taysir," a/k/a "Sheikh Taysir Abdullah,"

    FAZUL ABDULLAH MOHAMMED, a/k/a "Harun Fazhl," a/k/a "Fazhl

    Abdullah," a/k/a "Fazhl Khan," MOHAMED SADEEK ODEH, a/k/a "Abu

    Moath," a/k/a "Noureldine," a/k/a "Marwan," a/k/a "Hydar," and

    MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin

    Rashed," a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-Latif,"

                                   23

    defendants, at least one of whom was first brought to and arrested

    in the Southern District of New York, and others known and unknown,

    unlawfully, willfully, and knowingly did kill the persons listed

    below during the course of an attack on a federal facility

    involving the use of a dangerous weapon, to wit, the defendants

    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:

              Count                    Victim

              4                        BONTIA ACHOLA

              5                        SAMSON ODUOR AHOMO

              6                        MARGARET AKINYI

              7                        JESSE NATHANIEL ALIGANGA

              8                        SYLIA AMBASA

              9                        ELIZABETH ANYANGO

              10                       MONICA APONDI

              11                       PATRICIA ATIENO

              12                       ALLAN SABATO BANDO

              13                       ROSETTA BARAZA

              14                       JULIAN LEOTIS BARTLEY JR.

              15                       JULIAN LEOTIS BARTLEY SR.

              16                       CHRISPINE BONYO

              17                       DANIEL KIPRONO CHERUIYOT

              18                       JEAN DALIZU

              19                       SHEIKH FAHAT

              20                       EVA NYANJAU GACHERU

                                    24

              21                       JANE WANGUI GACHERU

              22                       ALICE NDUTA GACHIRI

              23                       RAPHAEL JOHNSON GATHUMBI

              24                       AGNES WANJIRU GITAU

              25                       LAWRENCE AMBROSE GITAU

              26                       JOEL KAMAU GITHUMBI

              27                       BENARD MUGAMBI GITONGA

              28                       SUSAN WAIRIMU GITU

              29                       ROSEMARY NJERI GITUMA

              30                       HASSAN HUKAY GURACHA

              31                       BURHAN ADEN HANSHI

              32                       MOLLY H. HARDY

              33                       KENNETH RAY HOBSON

              34                       ANTHONY KIHATO IRUNGU

              35                       GEORGE IRUNGU

              36                       JANE WANGARI ITOTIA

              37                       DORINE ALUOCH JOW

              38                       JOHN KAROKI KAHUTHU

              39                       GEOFFREY KALEO

              40                       FRANCIS KIHARA KAMUTI

              41                       LAWRENCE GITAU KAMUTI

              42                       MARGARET WANJIKU KANGI

              43                       CHARLES MUGO KARANJA

              44                       LUCY NYAWIRA KARIGI

              45                       MOSES KARIUKI

              46                       CHRISTINE WAIRUMU KARUMBA

                                    25

              47                       PRABHI KAVALER

              48                       FRANCIS KIBE

              49                       JACKLINE NYAWIRA KIBERA

              50                       FELISTUS NJERI KIMANI

              51                       RAEL MBURI KIMANI

              52                       STEPHEN MAINA KIMANI

              53                       SIMON KINUTHIA

              54                       JOE KIONGO

              55                       ARLENE BRADLEY KIRK

              56                       FRANCIS KABATHI KIU

              57                       DOMINIC KIW VA

              58                       DAVID NDULA KOIMBURI

              59                       JULIAN KWALI

              60                       PETER MBEVI KYELO

              61                       MOSES MULI KYULE

              62                       EMMANUEL MACHAMBELE

              63                       DENIS R. MADEGWA

              64                       ANN MUMBI MAINA

              65                       FRANK MAINA

              66                       LIDIAH NDINDA MAINGI

              67                       CECELIA MAMBOLEO

              68                       MARY LOUISE MARTIN

              69                       JAMES OTIENO MASEA

              70                       ANNE NYAMBURA MATHENGE

              71                       PITY MWIHAKI MATHENGE

              77                       SIMON PETER NGUMO MATU

                                    26

              73                       JUNE MARY MAWEU

              74                       LYDIA MUKURI MAYAKA

              75                       DOREEN MBAYAKI

              76                       FRANCIS MBOGO

              77                       FRANCIS NDUNGU MBOGUA

              78                       RACHAEL KABENDI MBOYA

              79                       LUCY WARUTHI MBUNYA

              80                       STEPHEN WAWERU MBURU

              81                       JAMES MATHENGE MIGWI

              82                       ELIZABETH ONYANGO MITO

              83                       AHMED WARKO MOHAMMED

              84                       LUCIANO MUGAMBI

              85                       JUSTUS NJERU MUGENDI

              86                       GILBERT MUGO

              87                       PETER IRUNGU MUGO

              88                       JOSPHAT MUTUA MUIA

              89                       EDWARD MUKAYA

              90                       LOISE NJERI MUKOMA

              91                       SAMUEL VONDO MULALIA

              92                       FRANCIS MUKENYE MULEKI

              93                       THOMAS MUNDANYI

              94                       BENSON WATHIGU MUNIRI

              95                       CAROLINE MUMBI MURAGURI

              96                       TIRUS MURAGURI

              97                       CATHERINE MUREITHI

              98                       FRIDA WAMBUI MURITU

                                   27

              99                       ALICE WARUGURU MURIUKI

              100                      MARY WANJIKU MURIUKI

              101                      ROBERT MIGWI MURIUKI

              102                      RUTH MWKAI MUSYOKA

              103                      WILSON KIPKORIR MUTAI

              104                      FLORENCE MWENDE MUTHAMA

              105                      EMMANUEL NJAGA MUTHURIA

              106                      DANIEL MAUNDU MUTINDA

              107                      JOSPHINE NZILANI MUTINDA

              108                      CATHERINE NDUMI MUTUA

              109                      CAROLINE KARAMBO MUTUIIRI

              110                      GLORIA NGATHA MUTUIIRI

              111                      GEOFREY MUNYIRI MUTUNGA

              112                      PATRICK KARIUKI MUTURI

              113                      GABRIEL MWANDIME

              114                      HARRISON NJUGUNA MWANGI

              115                      NAFTALI MWANGI

              116                      ROSELINE WANJIKU MWANGI

              117                      SAMUEL GITHUA MWANGI

              118                      MOSES ASTON MWANI

              119                      ANN MWANIKI

              120                      ISACK MUGERA MWARIA

              121                      PAMELA MBOYA MWENGE

              122                      EDWIN MUNGAI MWEYA

              123                      ABDALLA MUSYOKI MWILU

              124                      NKRUMA TONNY MYIZALA

                                   28

              125                      MOSES NAMAYI

              126                      MARY NYAGA NDIRANGO

              127                      CAROLINE NDOLO

              128                      MARTIN K. NDUATI

              129                      JULIUS NDULU

              130                      EDWIN PAUL NDUMBI

              131                      EPHRAHIM KINGORI NDUNGU

              132                      PETER NJOROGE NDUNGU

              133                      JOYCE NJERI NG'ANG'A

              134                      JOHN MWANGI NGARAGARI

              135                      PETER MACHARIA NGUGI

              136                      ABEL MUGAMBI NJAU

              137                      SIMON MWANGI NJIMA

              138                      CATHERINE WAMBARA NJOKA

              139                      AGATHA NJOKI

              140                      JACINTA NJOKI

              141                      FRANCIS NDUNGU NJOROGE

              142                      GRACE NYAMBURA NJOROGE

              143                      WILLIAM WAITHAKA NJOROGE

              144                      GODFREY MUCHORI NJUGUNA

              145                      PATRICK NJUGUNA

              146                      BEATRIC NYAMBURA

              147                      MICHAEL ODUOR NYANDEBA

              148                      ELIZABETH NYAROTSO

              149                      VINCENT KAMAU NYOIKE

              150                      JANET NDOOME NZIOKA

                                   29

              151                      KIMEU NZIOKA

              152                      MAGDALINE MBITHE NZIOKA

              153                      JOSEPH NGOVE NZWILI

              154                      MARGRET ATIENO OBONYA

              155                      JOSHUA ANEAH OBONYO

              156                      FREDRICK EBRA OCHIENG

              157                      MICHAEL OCHIENG

              158                      FRANCIS OLEWE OCHILO

              159                      LAWRENCE OLUM OCHOKA

              160                      ANN MICHELLE O'CONNOR

              161                      DUNCAN ODHIAMBO

              162                      EMMA ODHIAMBO

              163                      JOHN ODHIAMBO ODUOR

              164                      MAURICE OKACH OHOLLA

              165                      SIMON OTIENO OLANG

              166                      SHERRY LYNN OLDS

              167                      KITALIAN OLOTONO

              168                      HANSON NYABERA OMAE

              169                      HINDU OMARI

              170                      EDWIN OMORI

              171                      ENOCK OMWENO

              172                      LUCY ONONO

              173                      ERIC OBUR ONYANGO

              174                      JOHN OUKO ONYANGO

              175                      CAROLINE OPATI

              176                      SILVIA ORIENDO

                                    30

              177                      GODFREY OKORO ORONO

              178                      ELIZABETH ACHIENG ORWA

              179                      EVANS OSONGO

              180                      DOMINIC ALANGO OTIENO

              181                      ELIAS OTIENO

              182                      JULIUS OTIENO

              183                      MATHEW WALUNYA OTIENO

              184                      ROGERS OTORO

              185                      ELIJAH NGITO OWINO

              186                      JOSIAH ODERA OWUOR

              187                      RACHAEL PUSSY

              188                      MARGRET LLELLO RADING

              189                      RUTH MUKAMI RUNGU

              190                      JOSEPH ONDARI SALAMBA

              191                      TIMOTHY ODHIAMBO SANDE

              192                      UTTAMLAL THOMAS SHAH

              193                      HASSAN JARSO SOKA

              194                      SHADRACK NYAGA THITO

              195                      SAMUEL MBUGUA THUO

              196                      PHAEMA VRONTAMIS

              197                      GLORIA WANGECHI WACHIRA

              198                      SHADRACK MWANGI WAGANYU

              199                      JAMES MWANGI WAINAINA

              200                      TERESIA KIONGO WAIRIMU

              201                      SABENA WALTER

              202                      ADAMS WAMAI

                                    31

              203                      RACHEL WAMBUI

              204                      JOHN GITAU WAMUTWE

              205                      DAVID SOITA WANABACHA

              206                      JOHN AMOS WANGAI

              207                      SHARON WANGECHI

              208                      GLADYS WANGUI

              209                      MARGARET WANGUI

              210                      MERCY WANJIKU

              211                      JOHN MWANGI WANYOIKE

              212                      MARGARET WASIKE

              213                      MARGRET NJERI WAWERU

              214                      FREDRICK MALOBA YAFES

              215                      ANN MUMO ZAKAYO

              216                      UNIDENTIFIED MALE

         (Title 18, United States Code, Sections 930(c) and 2.)

      COUNTS TWO HUNDRED SEVENTEEN THROUGH TWO HUNDRED TWENTY SEVEN
                   MURDERS IN DARS EL SALAAM, TANZANIA

              17. The allegations contained in paragraphs 1 through 7

    are repeated herein.

              18. On or about August 7, 1998 in Dar es Salaam,

    Tanzania, and outside the jurisdiction or any particular state or

    district, USAMA BIN LADEN, a/k/a "Usamah Bin-Muhammad Bin-Ladin,"

    a/k/a "Shaykh Usamah Bin-Ladin," a/k/a "Abu Abdallah," a/k/a

    "Mujahid Shaykh," a/k/a "Hajj," a/k/a "al Qaqa," a/k/a "the

    Director," MUHAMMAD ATEF, a/k/a "Abu Hafs," a/k/a "Abu Hafs el

    Masry," a/k/a "Abu Hafs el Masry el Khabir," a/k/a "Taysir," a/k/a

                                    32

    "Sheikh Taysir Abdullah," FAZUL ABDULLAH MOHAMMED, a/k/a "Harun

    Fazhl," a/k/a "Fazhl Abdullah," a/k/a "Fazhl Khan," MOHAMED SADEEK

    ODEH, a/k/a "Abu Moath," a/k/a "Noureldine," a/k/a "Marwan," a/k/a

    "Hydar," and MOHAMED RASHED DAOUD AL-'OWHALI, a/k/a "Khalid Salim

    Saleh Bin Rashed," a/k/a "Moath," a/k/a "Abdul Jabbar Ali Abdel-

    Latif," defendants, at least one of whom was first brought to and

    arrested in the Southern District of New York, and others known and

    unknown, unlawfully, willfully, and knowingly did kill the persons

    listed below during the course of an attack on a federal facility

    involving the use of a dangerous weapon, to wit, the defendants

    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:

              Count                    Victim

              217                      ABDULAHAMAN ABDULAH

              218                      ELISHA PAULO ELIA

              219                      HASSAN SIYAD HARANE

              220                      RAMADHANI H. MAHUNDI

              221                      MTENDEJE RAJABU MBEGU

              222                      ABDALLAH MOHAMED

              223                      ABAS WILLIAM MWILA

              224                      ALMOSARIA YUSSUF MZEE

              225                      SHAMTE YUSUPH NDALE

              226                      BAKARI YUSUPH NYUMBO

              227                      DOTTO SELEMAN

         (Title 18, United States Code, Sections 930(c) and 2.)

                                   33

       COUNTS 228 THROUGH 235: PERJURY BEFORE FEDERAL GRAND JURIES

              The Grand Jury charges:

                               Background

              19. Beginning in 1996, the United States Attorney for

    the Southern District of New York and the Federal Bureau of

    Investigation, working with a number of other federal, state and

    local agencies, initiated a Grand Jury investigation into Usama Bin

    Laden and the involvement of his organization (known as "al Qaeda")

    in international terrorism. The Grand Jury investigation included,

    among other things, the issuance of Grand Jury subpoenas calling

    for witnesses to testify before a Grand Jury sitting in the

    Southern District of New York and to produce documents to the Grand

    Jury. By September 1997, the Grand Jury investigation focused, in

    part, upon: (i) the structure and operational status of al Qaeda in

    countries including the Sudan, Saudi Arabia, Egypt, Yemen, Somalia,

    Eritrea, Afghanistan, Pakistan, Bosnia, Croatia, Algeria, Tunisia,

    Lebanon, the Philippines, Tajikistan and Azerbaijan, and the

    Chechnya region of Russia and the Kashmiri region of India, as well

    as in Kenya and the United States; (ii) the targets of al Qaeda's

    terrorist activities, including American interests, worldwide;

    (iii) the relationship between the defendant WADIH EL HAGE, a/k/a

    "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    Norman," and the al Qaeda organization, including its leader Usama

    Bin Laden, al Qaeda's late military commander known as "Abu Ubaidah

    al Banshiri," and al Qaeda's current military commander: defendant

    Muhammed Atef, a/k/a "Abu Hafs el Masry."

                                   34

              20. It was material to the Grand Jury sitting in the

    Southern District of New York to ascertain, among other things:

                   a. the tactical goals, and corresponding terrorism

    targets, of Usama Bin Laden and al Qaeda;

                   b. the identities, code names, aliases and

    whereabouts of any al Qaeda members and associates;

                   c. the names of persons with whom the defendant

    WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a

    "Norman," a/k/a "Wa'da Norman," associated while living in the

    Sudan and Kenya and while travelling in Pakistan and Afghanistan;

                   d. the nature and extent of the defendant WADIH EL

    HAGE's contacts with Usama Bin Laden and Muhammed Atef, a/k/a "Abu

    Hafs el Masry," as well as with "Abu Ubaidah al Banshiri,"

    particularly in the period from 1993 through the fall of 1997;

                   e. the role played by Usama Bin Laden and the

    members and associates of the al Qaeda organization, particularly

    to include the defendants WADIH EL HAGE, a/k/a "Abdus Sabbur,"

    a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," and

    Muhammed Atef, a/k/a "Abu Hafs el Masry," as well as "Abu Ubaidah

    al Banshiri," in the provision of logistical support and training

    to the persons who attacked the United States and United Nations

    forces in Somalia in 1993 and the early part of 1994;

                   f. whether "Abu Ubaidah al Banshiri" was working

    in Kenya and Tanzania on behalf of Usama Bin Laden and al Qaeda

    during the time preceding his drowning death in Lake Victoria in

    the summer of 1996;

                                   35

                   g. the particular reason for the travels of "Abu

    Ubaidah al Banshiri" at the time of his drowning death in the

    summer of 1996;

                   h. the nature of the work conducted by Fazul

    Abdullah Mohammed, the deputy of the defendant WADIH EL HAGE, a/k/a

    "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    Norman," in Kenya and whether Fazul Abdullah Mohammed was working

    for Usama Bin Laden; and

                   i. whether the defendant WADIH EL HAGE, a/k/a

    "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    Norman," was still working for Usama Bin Laden's al Qaeda

    organization in 1997.

              21. On or before Sestember 24, 1997, the defendant WADIH

    EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a

    "Norman," a/k/a "Wa'da Norman," was served with a Grand Jury

    subpoena calling for him to testify before a Grand Jury sitting in

    the Southern District of New York.

              22. On or about September 24, 1997, after taking an oath

    to testify truthfully, after being advised of his constitutional

    rights and after being advised that if he failed to testify

    truthfully he could be prosecuted for perjury, the defendant WADIH

    EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a

    "Norman," a/k/a "Wa'da Norman," testified before a Grand Jury

    sitting in the Southern District of New York.

              23. Following the appearance of the defendant WADIH EL

    HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman,"

                                   36

    a/k/a "Wa'da Norman," before the Grand Jury in September 1997, the

    Grand Jury investigation continued and continues through the date

    of this Indictment. By the time of September 1998, the Grand Jury

    investigation was focused on the matters outlined above and other

    matters that had become of interest since the time of EL HAGE's

    1997 Grand Jury appearance, including, but not limited to: (i) the

    February 1998 fatwah signed by Usama Bin Laden and others under the

    banner of the "International Islamic Front for Jihad on the Jews

    and Crusaders," stating that Muslims should kill Americans --

    including civilians -- anywhere in the world where they can be

    found; (ii) subsequent televised threats issued by Usama Bin Laden

    in May 1998 that his group did not distinguish between military and

    civilian personnel; (iii) the August 7, 1998, bombing of the United

    States Embassy in Nairobi, Kenya, which resulted in the deaths of

    at least 213 persons, including 12 Americans and the wounding of

    more than 4500 people; (iv) the nearly simultaneous August 7, 1998,

    bombing of the United States Embassy in Dar es Salaam, Tanzania,

    which resulted in the death of 11 persons and the wounding of more

    than 85 persons; (v) the meaning of certain documents recovered in

    searches conducted in Nairobi, Kenya, in August 1998, following the

    bombings, which bore the name and code name of WADIH EL HAGE, as

    well as code names for other al Qaeda members and associates; and

    (vi) the extent to which WADIH EL HAGE's international travels

    concerned efforts to procure chemical weapons and their components

    on behalf of Usama Bin Laden.

             24. In addition to the matters recited in paragraph 21

                                  37

    above, it was material to the Grand Jury sitting in the Southern

    District of New York to ascertain, among other things:

                   a. the identities, code names, aliases and

    whereabouts of al Qaeda members and associates referred to in

    certain seized documents, including "Norman," "Abu Suliman,"

    "Tayseer" (or "Taysir"), "Adel Habib," "Jalal" and "the Dr.";

                   b. the efforts of the defendant WADIH EL HAGE,

    a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a

    "Wa'da Norman," to obtain chemical weapons and/or their components

    at various times in the 1990's;

                   c. the nature and extent of contacts by the

    defendant WADIH EL HAGE with Fazul Abdullah Mohammed and Mohamed

    Sadeek Odeh in the period leading up to the bombing of the United

    States embassies; and

                   d. the nature and extent of WADIH EL HAGE's

    contacts with al Qaeda members and associates since the time of his

    last Grand Jury appearance.

              25. On or about September 15, 1998, the defendant WADIH

    EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a

    "Norman," a/k/a "Wa'da Norman," was served with a Grand Jury

    subpoena calling for him to testify further before a Grand Jury

    sitting in the Southern District of New York.

              26. On or about September 16, 1998, after taking an oath

    to testify truthfully, after being advised of his constitutional

    rights and after being advised that if he failed to testify

    truthfully he could be prosecuted for perjury, the detendant WADIH

                                   38

    EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al Sabbur," a/k/a

    "Norman," a/k/a "Wa'da Norman," testified before a Grand Jury

    sitting in the Southern District of New York.

                     COUNT 228: Statutory Allegation

              27. On or about September 24, 1997, in the Southern

    District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus

    Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    Norman," having taken an oath to testify truthfully in a proceeding

    before a Grand Jury sitting in the Southern District of New York,

    unlawfully, wilfully, knowingly, and contrary to such oath, did

    make false material declarations, to wit, he gave the following

    underlined testimony:

    (a)  Q.   Now,  when was the last time you saw Abu Ubaidah
              Banshiri?

         A.   In Sudan before I left.

         Q.   1994 before you left?

         A.   Yes.

         Q.   Do you know where he is today?

         A.   Either in Sudan or in Afghanistan.

         *                   *                   *

    (b)  Q.   Did you look for Abu Ubaidah al Banshiri when you went to
              Lake Victoria in the summer of 1996?

        A.    No.

    (c)  Q.   Did anyone tell you Abu Ubaidah had drowned in that ferry
              accident?

         A.   No.

    (d)  Q.   No one ever told you at any time that Abu Ubaidah drowned
              in the summer of 1996?

                                    39

              in the summer of 1996?

         A.   No.

    (e)  Q.   To this day has anyone ever told you from any sources
              that Abu Ubaidah was killed in that boat in the summer
              1996 when it sank at Lake Victoria?

         A.   Nobody told me.

         *                   *                   *

    (f)  Q.   But just so we are clear, before whatever conversation
              the FBI had with you yesterday, you had never heard from
              anyone or seen on any TV show or read in any newspaper
              that Abu Ubaidah al Banshiri had drowned in the ferry
              accident in the summer of 1996?

         A.   No.  Never.

    (g)  Q.   And you were not sent to that lake to try to find Abu
              Ubaidah al Banshiri?

         A.   No.  I went looking for Adel Habib.

         *                   *                   *

    (h)  Q.   My question was, did you ever discuss with him, Haroun,
              whether or not al Banshiri drowned in Lake Victoria.

         A.   No.

              (Title 18, United States Code, Section 1623.)

                      COUNT 229: Statutory Allegation

              29.  On or about September 24, l998, in the Southern

    District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a

    Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    "Norman," having taken an oath to testify truthfully in a proceeding

    before a Grand Jury sitting in the Southern District of New York,

    unlawfully, willfully, knowingly, and contrary to such oath, did

    make false material declarations, to wit, he gave the following

                                 40

    underlined testimony:

    (a)  Q.   When did you hear Al Qaida began to target the United
              States?

         A.   In the latest interview with Usama Bin Laden, CNN.

         Q.   Approximately how long ago did you see Bin Laden state
              CNN that the United States was now the target?

         A.   When I came back to Nairobi about three weeks ago.

         *                   *                   *

         Q.   Had you ever heard Usama Bin Laden state that the
              American forces should be attacked, prior to seeing it on
              CNN television?

         A.   No, never.

    (b)  Q.   You are positive?

         A.   Yes.

    (c)  Q.   You are swearing that under oath, under the penalties of
              perjury -- strike the word swear.
              You are stating that under oath, under the penalties of
              perjury, that prior to hearing it on CNN you had not
              heard Usama Bin Laden declare that America should be
              attacked?

         A.   Yes.  Never heard that before.

              (Title 18, United States Code, Section 1623.)

                        COUNT 230: Statutory Allegation

              29.  On or about September 16, l998,  in the Southern

    District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus

    Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    "Norman," having taken an oath to testify truthfully in a proceeding

    before a Grand Jury sitting in the Southern District of New York,

    unlawfully, willfully, knowingly, and contrary to such oath, did

    make false material declarations, to wit, he gave the following

                                   41

    underlined testimony concerning a photograph of Mohamed Sadeek

    Odeh:

    (a)  Q.   And I'll show you Grand Jury Exhibit 5 from September
              10th of 1998 and ask whether you recognize the person
              depicted in Grand Jury exhibit 5?

         A.   I've seen this picture on TV.

         Q.   You've seen this picture on the TV?

         A.   Yes.

         Q.   How recently did you see it on the TV?

         A.   Two or three weeks ago.

         Q.   Have you ever seen this person in person?

         A.   No, I have never seen him in person.

         *                   *                    *

    (b)  Q.   Who is Mohamed Oudeh?

         A.   I don't know.

         *                   *                    *

    (c)  Q.   Do you recognize Grand Jury Exhibit 5 as Mohamed Odeh?

         A.   I have never seen this person before.

         *                   *                    *

    (d)  Q.   Is it your testimony to this Grand Jury under oath that
              you've never met this person depicted in Grand Jury
              Exhibit 5 in your entire life?

         A.   I don't recall meeting him at all.

         *                   *                    *

    (e)  Q.   As you sit here today, you're telling this Grand Jury
              have no recollection of the person depicted in Grand
              Exhibit 5?

         A.   Yes, sir.  I don't.

    (f)  Q.   You have no recollection?

                                    42

         A.   Right.

              (Title 18, United States Code, Section 1623.)

                      COUNT 231: Statutory Allegation

              30. On or about September 16, 1998, in the Southern

    District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus

    Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    "Norman," having taken an oath to testify truthfully in a proceeding

    before a Grand Jury sitting in the Southern District of New York,

    unlawfully, willfully, knowingly, and contrary to such oath, did

    make false material declarations, to wit, he gave the following

    underlined testimony:

    (a)  Q.   Let me ask you another name.  Norman, N-O-R-M-A-N. Do
              you know who Norman is?   And I'll write it out even
              though it's just -- so there's no confusion of the
              spelling, N-o-r-m-a-n.

         A.   No.

         *                   *                    *

    (b)  Q.   Have you ever been called Norman?

         A.   No.

         *                   *                    *

    (c)  Q.   Let me write out one more name.  Wa'da Norman, W-a,
              apostrophe, d-a Norman, N-o-r-m-a-n.  Who is that?

         A.   I don't know.

         *                   *                    *

    (d)  Q.   Who is Wa'da Norman'

         A.   I don't know.

                                  43

    (e)  Q.   Is it you?

         A.   No.

         *                   *                    *

    (f)  Q.   Are you still telling this Grand Jury that you're not
              known as Norman or Wa'da Norman?

         A.   Yes.  I'm not Norman.

         *                   *                    *

    (g)  Q.   Have you ever written any letters and signed them with
              the name Norman at the bottom?

         A.   No, never.

              (Title 18, United States Code, section 1623.)

                     COUNT 232: Statutory Allegation

              31.  On or about September 16, 1998, in the Southern

    District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus

    Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    "Norman," having taken an oath to testify truthfully in a proceeding

    before a Grand Jury sitting in the Southern District of New York,

    unlawfully, willfully, knowingly, and contrary to such oath, did

    make false material declarations, to wit, he have the following

    underlined testimony:

    (a)  Q.   Do you know of any other "Jalal"'s besides the fellow in
              Louisiana?

         A.   No.

         *         *         *

    (b)  Q.   How many people in Kenya did you know that personally
              knew Usama Bin Laden?

         A.   People who knew Usama Bin Laden in Kenya, nobody. You
              mean know him personally, right?

                                    44

         Q.   People  who  knew  him  personally  had  met  with
              personally?

         A.   No. I don't remember anyone who did.

         *                  *                    *

    (c)  Q.   Did you know any members of al Qaeda who lived in either
              Kenya or Tanzania?

         A.   No.

    (d)  Q.   Did you know any members of al Qaeda who ever visited
              Kenya or Tanzania?

         A.   No.

         *                   *                    *

    (e)  Q.   Are you familiar with a person by the name of Abu Ubaidah
              al Banshiri?  And I'll write it on [Grand Jury Exhibit]
              66 so if my pronunciation is off it doesn't confuse. Do
              you know the person by the name of Abu Ubaidah al
              Banshiri?

         A.   Yes.

         Q.   Was he a person who worked for Usama Bin Laden?

         A.   Yes.

         Q.   Did he ever visit Nairobi or Kenya -- I'm sorry, Kenya or
              Tanzania?

         A.   I don't think so.

         *                   *                    *

    (e)  Q.   Does Adel Habib have another name?

         A.   Not that I know of.

    (f)  Q.   Isn't Adel Habib known as Abu Ubaidah al Banshiri?

         A.   Not that I know of.

         *                   *                    *

    (g)  Q.   How do you know?

                                    45

         A.   Well, I never knew that he was there.

         *                   *                    *

    (h)  Q.   Wasn't Abu Ubaidah al Banshiri also known as Jalal?

         A.   I never heard that.

    (i)  Q.   Didn't you also hear that Adel Habib was also known as
              Jalal, J-a-l-a-l?

         A.   No.

         Q.   So your testimony is that you've never heard that Abu
              Ubaidah was known by the nickname or alias as J-a-l-a-l,
              correct?

         A.   Correct.

         Q.   You've never heard that Adel Habib was known by the
              nickname Jalal, J-a-l-a-l, is that your testimony?

         A.   Right.

         *                   *                    *

    (j)  Q.   And it's your testimony under oath to this Grand Jury
              that you were never told that the person that drowned was
              Abu Ubaidah al Banshiri?

         A.   Never.

    (k)  Q.   And you were never told that the person that drowned was
              also known as Jalal?

         A.   Never.

              (Title 18, United states Code, Section 1623.)

                     COUNT 233: Statutory Allegation

              32.  On or about September 16,  1998,  in the Southern

    District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus

    Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    "Norman," having taken an oath to testify truthfully in a proceeding

    before a Grand Jury sitting in the  Southern District of New York,

                                    46

    unlawfully, willfully, knowingly, and contrary to such oath, did

    make false material declarations, to wit, he have the following

    underlined testimony:

         Q.   Have you ever heard him called the H-a-j-j, have you
              heard of Usama Bin Laden referred to as the Hajj?

         A.   No.

              (Title 18, United States Code, Section 1623.)

                     COUNT 234: Statutory Allegation

              33.  On or about September 16,  1998,  in the Southern

    District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus

    Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    "Norman," having taken an oath to testify truthfully in a proceeding

    before a Grand Jury sitting in the  Southern District of New York,

    unlawfully, willfully, knowingly, and contrary to such oath, did

    make false material declarations, to wit, he have the following

    underlined testimony:

    (a)  Q.   And it says "Dear Abu Suliman" at the top.  Do you know
              who Abu Suliman is?

         A.   No.

         *                   *                    *

    (b)  Q.   Now, in this letter written to Abu Suliman, apparently by
              Harun, do you know who Abu suliman is?

         A.   No.

         *                   *                    *

    (c)  Q.   It says Abu Suliman, okay.  Do you know Abu Suliman?

         A.   No.

                                   47

              (Title 18, United States Code, Section 1623.)

                     COUNT 235: Statutory Allegation

              34.  On or about September 16, 1998, in the Southern

    District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus

    Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    "Norman," having taken an oath to testify truthfully in a proceeding

    before a Grand Jury sitting in the  Southern District of New York,

    unlawfully, willfully, knowingly, and contrary to such oath, did

    make false material declarations, to wit, he have the following

    underlined testimony:

    (a)  Q.   Continuing on.  The middle where it says, "Tayseer and
              his friends are still hiking and they enjoy it very
              much."  Is Tayseer a reference to Abu Hafs al Masry, one
              of the military commanders for Usama Bin Laden, yes or
              no?

         A.   I don't know.

              *         *         *

    (b)  Q.   Okay. When this letter was written by Harun to Abu
              Suliman, he's telling people that you have taken a trip
              with Taysir.  Where did you go and who was Taysir?

         A.   I don't know what he's talking about.

              *         *         *

    (c)  Q.   Do you have any idea as you sit here today who Taysir
              might be?

         A.   I can't recall.

              *         *         *

    (d)  Q.   As you sit here today, it remains your testimony that
              have no idea who Taysir is?

         A.   I have no idea, no.

                                 48

              (Title 18, United States Code, Section 1623.)

                       COUNT 236: FALSE STATEMENTS

              The Grand Jury further charges:

              35.  On or about September 23, 1997, in the Southern

    District of New York, the defendant WADIH EL HAGE, a/k/a "Abdus

    Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    "Norman," in a matter within the jurisdiction of the executive

    branch of the government, to wit, a criminal investigation based in

    the Southern District of New York, unlawfully, willfully and

    knowingly, did make materially false statements and

    representations, to wit, the defendant  falsely stated to a Special

    Agent of the Federal Bureau of Investigation that he had never

    heard that "Abu Ubaidah al Banshiri" had died and that he believed

    that "Abu Ubaidah al Banshiri" was then alive and well and living

    in Afghanistan with Usama Bin Laden when in truth and fact WADI EL

    HAGE knew that "Abu Ubaidah al Banshiri had died in Kenya in 1996.

              (Title 18, United States Code, Section 1001.)

                       COUNT 237: FALSE STATEMENTS

              The Grand Jury further charges;

              36.  On or about October 17, 1997, in Arlington, Texas,

    the defendant WADIH EL HAGE, a/k/a "Abdus Sabbur," a/k/a "Abd al

    Sabbur," a/k/a "Norman," a/k/a "Wa'da Norman," in a matter within

    the jurisdiction of the executive branch of the government, to wit,

    a criminal investigation based in the Southern District of New

    York, unlawfully, willfully and knowingly, did make materially false

    statements and representations, to wit, the defendant falsely

                                    49

    stated to a Special Agent of the Federal Bureau of Investigation

    that he had never heard that "Abu Ubaidah al Banshiri," a military

    commander for Usama Bin Laden, had died when in truth and fact WADI

    EL HAGE knew that "Abu Ubaidah al Banshiri" had died in Kenya in

    1996.

              (Title 18, United States Code, section 10001.)

                       COUNT 238: FALSE STATEMENTS

              38[sic].  On or about August 20, 1998, in Dallas, Texas, and

    Arlington, Texas, the defendant WADI EL HAGE, a/k/a "Abdus

    Sabbur," a/k/a "Abd al Sabbur," a/k/a "Norman," a/k/a "Wa'da

    Norman," in a matter within the jurisdiction of the executive

    branch of the government, to wit, a criminal investigation based in

    the Southern District of New York, unlawfully, willfully and

    knowingly, did make materially false statements and

    representations,  to wit, the defendant falsely stated to a Special

    Agent of the Federal Bureau of Investigation that he did not know

    Mohamed Sadeek Odeh and did not recognize his photograph when in

    truth and fact EL HAGE knew Mohamed Sadeek Odeh.

              (Title 18, United states Code, section 1001.)

    [Blank]                            [Signature]
    _________________________          _____________________________
    FOREPERSON                              MARY JO WHITE
                                            United states Attorney

                                 50

    [Indictment Cover omitted]

    [End indictment]

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