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29 September 1998
Source: Fax today from U.S. Attorney's Office, Southern District of New York, Public Information Office, (MS/HH). Tel: 212-637-2600. Fax: 212-791-0561.

See related files: http://jya.com/alqfiles.htm

    [No date; news report says indictment returned September 28, 1998]

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

    UNITED STATES OF AMERICA                :     INDICTMENT

                -v-                         :

    MOHAMED SADEEK ODEH                     :     98 Cr. [Blank]
     a/k/a "Abu Moath,"
    MOHAMED RASHED DAOUD AL-'OWHALI,        :
     a/k/a "Khalid Salim Saleh Bin Rashed,"
     a/k/a "Abdul Jabbar Ali Abdel-Latif,"  :
     a/k/a "Moath,"
                                            :
                             Defendants
                                            :
    - - - - - - - - - - - - - - - - - - - - x

                               COUNT ONE:
             CONSPIRACY TO BOMB THE UNITED STATES EMBASSIES
             IN NAIROBI, KENYA AND DAR ES SALAAM, TANZANIA,
                    RESULTING IN MORE THAN 200 DEATHS

              The Grand Jury charges:

                          Background: al Qaeda

              1.   At all relevant times from in or about 1989 through

    the date of the filing of this Indictment, an international

    terrorist group existed which was dedicated to opposing non-Islamic

    governments with force and violence. From in or about 1989 until

    the present, the group called itself "al Qaeda" ("the Base"). From

    1989 until in or about 1991, the group was headquartered in

    Afghanistan and Peshawar, Pakistan. In or about 1992, the

    leadership of al Qaeda, including it "emir" (or prince), Usama Bin

    Laden, and its military command, related to the Sudan. The

                                   [1]

    international terrorist group (hereafter referred to as "al Qaeda")

    was headquartered in the Sudan from approximately 1992 until

    approximately 1996, but still maintained offices in various parts

    of the world. In 1996, Usama Bin Laden and al Qaeda relocated to

    Afghanistan. At all relevant times, al Qaeda was led by its emir,

    Usama Bin Laden. Members of al Qaeda pledged an oath of allegiance

    to Usama Bin Laden and al Qaeda.

              2.   Al Qaeda opposed the United States for several

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

    because it was not governed in a manner consistent with the group's

    extremist interpretation of Islam. Second, the United States was

    viewed as providing essential support for other "infidel"

    governments and institutions, particularly the governments of Saudi

    Arabia and Egypt, the nation of Israel, and the United Nations,

    which were regarded as enemies of the group. Third, al Qaeda

    opposed the involvement of the United States armed forces in the

    Gulf War in 1991 and in Operation restore Hope in Somalia in 1992

    and 1993. In particular, al Qaeda opposed the continued presence

    of American military forces in Saudi Arabia (and elsewhere on the

    Saudi Arabian peninsula) following the Gulf War. Fourth, al Qaeda

    opposed the United States Government because of the arrest,

    conviction and imprisonment of persons belonging to, or associated

    with, al Qaeda and its affiliated terrorist groups, including Sheik

    Omar Abdel Rahman. At various times since in or about 1992, Usama

    Bin Laden called on members and associates of al Qaeda, as well as

                                     2

    others, to attack American targets worldwide.

              3.   From in or about 1994 through the date of the

    filing of this Indictment, in Nairobi, Kenya, Dar es Salaam,

    Tanzania, and outside the jurisdiction of any particular state or

    district, MOHAMED SADEEK ODEN, a/k/a "Abu Moath," and MOHAMED

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

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

    defendants, being first brought to and arrested in the Southern

    District of New York, together with others known and unknown,

    including members of al Qaeda, unlawfully, willfully, and

    knowingly, and without lawful authority, combined, conspired,

    confederated and agreed together and with each other to maliciously

    damage and destroy, and attempt to damage and destroy, by means of

    fire and an explosive, buildings, vehicles and other personal and

    real property in whole and in part owned and possessed by, and

    leased to, the United States, to wit, the United States Embassy

    compounds in Nairobi, Kenya, and Dar es Salaam, Tanzania, and as a

    result of such conduct directly and proximately caused the deaths

    of more than 200 persons (including Kenyan, Tanzanian and American

    citizens) and injuries to well more than 5000 persons.

                              Overt Acts

              4.   In furtherance of the conspiracy and to effect the

    illegal objects thereof, the defendants and their co-conspirators

    committed the following overt acts, among others:

                                    3

                   a.   On or about July 31, 1998, MOHAMED RASHED DAOUD

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

    Jabbar Ali Abdel-Latif," a/k/a "Moath," the defendant, traveled

    from Lahore, Pakistan to Nairobi, Kenya;

                   b.   On or about August 2, 1998, MOHAMED SADEEK

    ODEN, a/k/a "Abu Moath," the defendant, met with other members of

    al Qaeda in Nairobi, Kenya;

                   c.   On or about August 4, 1998, MOHAMED RASHED

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

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

    together with others known and unknown, including members of al

    Qaeda, reconnoitered the United States Embassy in Nairobi, kenya;

                   d.   On or about August 6, 1998, MOHAMED SADEEK

    ODEN, a/k/a "Abu Moath," the defendant, based on instructions from

    al Qaeda members, left Nairobi, Kenya, for Pakistan under an

    assumed name;

                   e.   On or about August 7, 1998, MOHAMED RASHED

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

    "Abdul Jabbar Ali Abdel-Latif," a/k/a "Moath," the defendant, along

    with a co-conspirator not charged herein, traveled in a vehicle

    containing an improvised explosive device from a location in

    Nairobi, Kenya, to the United States Embassy in Nairobi, Kenya;

                   f.   On or about August 7, 1998, at approximately

    10:40 a.m., at least one co-conspirator detonated an improvised

    explosive device in the vicinity of the United States Embassy

                                  4

    compound in Nairobi, kenya; and

                  g.   On or about August 7, 1998, at approximately

    10:40 a.m., at least one co-conspirator detonated an improvised

    explosive device in the vicinity of the United States Embassy

    compound in Dar es Salaam, Tanzania.

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

                      COUNT TWO:  MURDER CONSPIRACY

              The Grand Jury further charges:

              5.   The allegations contained in paragraphs 1 and 2 are

    repeated herein.

              6.   From in or about 1994 through the date of the filing

    of this Indictment, outside the jurisdiction of any particular

    state or district, MOHAMED SADEEK ODEN, a/k/a "Abu Moath," and

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

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

    defendants, being first brought to and arrested in the Southern

    District of New York, together with others known and unknown,

    unlawfully, willfully, and knowingly, and combined, conspired,

    confederated and agreed together and with each other to commit

    murder in the special maritime and territorial jurisdiction of the

    United States, as that term is defined in Title 18, United States

    Code, Section 7(3), to wit, the defendants conspired together with

    members of al Qaeda, an international terrorist organization, to

    bomb the United States Embassy compounds in Nairobi, Kenya, and

                                   5

    Dar es Salaam, Tanzania, and to kill American civilians and other

    persons.

                               Overt Acts

              7.   In furtherance of the conspiracy and to effect the

    illegal objects thereof, the defendants and others committed the

    overt acts set forth above in Count One.

         (Title 18, United States Code, Section 7(3) and 1117.)

                              COUNT THREE:
                   BOMBING THE UNITED STATES EMBASSY IN
            NAIROBI, KENYA, RESULTING IN MORE THAN 200 DEATHS

              The Grand Jury further charges:

              8.   The allegations contained in paragraphs 1 and 2 are

    repeated herein.

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

    outside the jurisdiction of any particular state or district,

    MOHAMED SADEEK ODEN, a/k/a "Abu Moath," and MOHAMED RASHED DAOUD

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

    Jabbar Ali Abdel-Latif," a/k/a "Moath," the defendants, being first

    brought to and arrested in the Southern District of New York,

    together with others known and unknown, unlawfully, willfully, and

    knowingly did maliciously damage and destroy, and attempted to

    damage and destroy, by means of fire and an explosive, buildings,

    vehicles and other personal and real property in whole and in part

    owned and possessed by, and leased to, the United States, to wit,

    the defendants, together with other members of al Qaeda, an

                                  6

    international terrorist organization, detonated an explosive device

    that damaged and destroyed the United States Embassy in Nairobi,

    Kenya, and as a result of such conduct directly and proximately

    caused the deaths of more than 200 persons, including Kenyan and

    American citizens.

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

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

              The Grand Jury further charges:

              10.  The allegations contained in paragraphs 1 and 2 are

    repeated herein.

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

    Tanzania, and outside the jurisdiction of any particular state or

    district, MOHAMED SADEEK ODEN, a/k/a "Abu Moath," and MOHAMED

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

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

    defendants, being first brought to and arrested in the Southern

    District of New York, together with others known and unknown,

    unlawfully, willfully, and knowingly did maliciously damage and

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

    an explosive, buildings, vehicles and other personal and real

    property in whole and in part owned and possessed by, and leased

    to, the United States, to wit, the defendants, together with other

    members of al Qaeda, an international terrorist organization,

                                 7

    detonated an explosive device that damaged and destroyed the United

    States Embassy in Dar es Salaam, Tanzania, and as a result of such

    conduct directly and proximately caused the deaths of at least 11

    persons, including Tanzanian citizens.

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

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

                                 8

    [End indictment]

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