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24 September 1998: http://jya.com/alqfiles.htm

22 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 complaints: http://jya.com/usa-v-qadea.htm

See news reports: http://jya.com/weh092298.htm

    [No date]

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

    UNITED STATES OF AMERICA                :     INDICTMENT

              - v -                         :

    WADIH EL HAGE,                          :     98 Cr.   (  )
      a/k/a "Abdus Sabbur,"
      a/k/a "Norman,"                       :

                        Defendant.          :

    - - - - - - - - - - - - - - - - - - - - x

      COUNTS ONE THROUGH EIGHT: PERJURY BEFORE FEDERAL GRAND JURIES

              The Grand Jury charges:

                               Background

              1.   Beginning in 1996, the United States Attorney for

    the Southern District of New York and teh 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 the

    terrorist organization headed by Usama Bin Laden and known as "al

    Qaeda" (meaning "the BAse"), in countries including the Sudan,

    Saudi Arabia, Egypt, Yemen, Somalia, Eritrea, Afghanistan,

    Pakistan, Bosnia, Croatia, Algeria, Tunisia, Lebanon, the

    Philippines, Tajikistan, Chechnya, Kashmir and Azerbaijan, as well

    [1]

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

    terrorist activities, including American interests, worldwide;

    (iii) the relationship between WADIH EL HAGE and teh al Qaeda

    organization, including its leader Usama Bin Laden and al Qaeda's

    later military commander known as "Abu Ubaidah al Banshiri" and

    current military commander "Abu Hafs al Masry."

              2.   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 WADIH EL HAGE

    associated while living in the Sudan and kenya and while travelling

    in Pakistan and Afghanistan.

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

    contacts with Usama Bin Laden, Abu Ubaidah al Banshiri and Abu Hafs

    al Masry, 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 WADIH EL HAGE, Abu Ubaidah al Banshiri and Abu Hafs al

    Masry, 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 teh early part of 1994;

                   f.   whether Abu Ubaidah al Banshiri was working in

                                    2

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

    the time preceding his frowning death in Lake Victoria in the

    summer of 1996;

                   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 Harun

    Fashl, the deputy of WADIH EL HAGE, in Kenya and whether Harun

    Fazhl was working for Usama Bin Laden; and

                   i.   whether WADIH EL HAGE was still working for

    Usama Bin Laden's al Qaeda organization in 1997.

              3.   On or about September 24, 1997, WADIH EL HAGE a/k/a

    "Abdus Sabbur," a/k/a "Norman," the defendant, was served with a

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

    sitting in the Southern district of New York.

              4.   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, WADIH EL HAGE a/k/a

    "Abdus Sabbur," a/k/a "Norman," the defendant, testified before a

    Grand Jury sitting in the Southern District of New York.

              5.   Following the appearance of WADIH EL HAGE 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 matters outlined above and other matters that had

                                3

    become of interest since the time of EL HAGE's 1997 Grand Jury

    appearance, including, but not limited to: )i) the February 1998

    fatwah singed 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 American -- including civilians -

    - anywhere in the world 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 more than 250

    persons, including 12 Americans and the wounding of more than 5000

    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; (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 the 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.

              6.   In addition to the matters recited in paragraph 2

    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,"

                                  4

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

                   b.   the  efforts  of  WADIH  EL  HAGE  to  obtain

    chemical weapons and/or their components at various times in the

    1990's;

                   c.   the nature and extent of contacts by WADIH EL

    HAGE with Harun Fazhl 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.

                  7.   On or about September 15, 1998, WADIH EL HAGE, a/k/a

    "Abdus Sabbur," a/k/a "Norman," the defendant, 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.

                  8.   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, WADIH EL HAGE, a/k/a

    "Abdus Sabbur," a/k/a "Norman," the defendant, testified before a

    Grand Jury sitting in the Southern District of New York.

                     COUNT ONE: Statutory Allegation

                  9.   on or about September 24,  1997,  in the Southern

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

    "Norman," the defendant, 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

                                     5

    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 drown
              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.

                                    6

    (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 TWO: Statutory Allegation

              10. on or about September 24, l998, in the Southern

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

    "Norman," the defendant, 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.   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.

                                    7

    (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 THREE: Statutory Allegation

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

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

    "Norman," the defendant, 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 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?

                                    8

         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?

         A.   Right.

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

                        COUNT FOUR: Statutory Allegation

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

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

    "Norman," the defendant, 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

                                     9

    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.

    (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 FIVE: Statutory Allegation

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

                                 10

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

    "Norman," the defendant, 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?

         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?

                                  11

         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.   And did you tell people that you had to go to Lake
              Victoria to find out whether or not Abu Ubaidah al
              Banshiri had really drowned?

         A.   Abu Ubaidah al Banshiri was not there.

    (h)  Q.   How do you know?

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

         *                   *                    *

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

         A.   I never heard that.

    (j)  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

                                 12

              nickname Jalal, J-a-l-a-l, is that your testimony?

         A.   Right.

         *                   *                    *

    (k)  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.

    (l)  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 SIX: Statutory Allegation

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

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

    "Norman," the defendant, 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:

         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 SEVEN: Statutory Allegation

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

                                  13

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

    "Norman," the defendant, 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.   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.

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

                    COUNT EIGHT: Statutory Allegation

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

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

    "Norman," the defendant, 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:

                                   14

    (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.

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

                      COUNT NINE: FALSE STATEMENTS

              The Grand Jury further charges:

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

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

    "Norman," the defendant, 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

                                  15

    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 TEN: FALSE STATEMENTS

              The Grand Jury further charges;

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

    WADIH EL HAGE, a/k/a "Abdus Sabbur," the defendant, 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," 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 ELEVEN: FALSE STATEMENTS

              19.  On or about August 20, 1998, in Dallas, Texas, and

    Arlington, Texas, outside the Southern District of New York, WADI

                                    16

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

                                 17

    [End indictment]

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