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27 November 1998
Source: PACER

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

    X---------------------------------------------------------------------------X
    PACER SESSION DATE: Friday November 27, 1998 11:00:51 AM EST

    Docket as of November 24, 1998 2:26 am               Page 1

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

                                                                PRIOR
                           U.S. District Court
      Southern District of New York - Civil Database (Foley Square)

               CRIMINAL DOCKET FOR CASE #: 98-CR-1023-ALL

    USA v. Hage, et al                                          Filed: 09/21/98

    Other Dkt # 1:98-m -02166

    Case Assigned to:  Judge Leonard B. Sand

    WADIH EL HAGE (1)                 Bruce McIntyre
    aka                               [COR LD NTC cja]
    "Abdus Sabbur,"                   361 Broadway
         defendant                    Suite 510
                                      New York, NY 10013
                                      (212) 219-3100

    Pending Counts:                          Disposition

    18:1623.F FALSE DECLARATIONS
    BEFORE GRAND JURY/COURT
    (PERJURY)
    (1 - 8)

    18:2332(b),(d)  CONSPIRACY TO
    MURDER U.S. NATIONALS
    (1s)

    18:2332(b)  CONSPIRACY TO
    MURDER U.S. NATIONALS
    (1ss)

    18:1001.F STATEMENTS OR
    ENTRIES GENERALLY (FALSE
    STATEMENTS)
    (9 - 11)

    18:1623 PERJURY BEFORE FEDERAL
    GRAND JURIES
    (228s - 235s)

    18:1623 PERJURY
    (228ss - 235ss)

    18:1001 FALSE STATEMENTS
    (236s - 238s)

    18:1001 FALSE STATEMENTS
    (236ss - 238ss)

    Docket as of November 24, 1998 2:26 am               Page 2

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

    Offense Level (opening): 4

    Terminated Counts:

       NONE

    Complaints                               Disposition

    18 U.S.C. 1001: FALSE
    STATEMENTS.
    [ 1:98-m -2166 ]

    ========================

    Case Assigned to:  Judge Leonard B. Sand

    FAZUL ABDULLAH MOHAMMED (2)
    aka
    Harun Fazhl
    aka
    Fazhl Abdullah
    aka
    Fazhl Khan
         defendant

    Pending Counts:                          Disposition

    18:2332(b)(d) CONSPIRACY TO
    MURDER U.S. NATIONALS
    (1)

    18:2332(b)  CONSPIRACY TO
    MURDER U.S. NATIONALS
    (1s)

    18:844(f)(1),(f)(3),2 MURDER
    DURING BOMBING AT U.S.
    PROPERTY
    (2 - 3)

    18:844(f)(1),(f)(3),2 MURDER
    DURING BOMBING OF U.S.
    PROPERTY
    (2s - 3s)

    18:930(c),2 MURDER
    (4 - 227)

    Docket as of November 24, 1998 2:26 am               Page 3

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

    18:930(c),2  MURDER
    (4s - 227s)

    Offense Level (opening): 4

    Terminated Counts:

       NONE

    Complaints:

       NONE

    ========================

    Case Assigned to:  Judge Leonard B. Sand

    MOHAMED SADEEK ODEH (3)
    aka
    Abu Moath
    aka
    Noureldine
    aka
    "Marwan"
    aka
    Hydar
         defendant

    Pending Counts:                          Disposition

    18:2332(b)(d) CONSPIRACY TO
    MURDER U.S. NATIONALS
    (1)

    18:2332(b)  CONSPIRACY TO
    MURDER U.S. NATIONALS
    (1s)

    18:844(f)(1),(f)(3),2 MURDER
    DURING BOMBING AT U.S.
    PROPERTY
    (2 - 3)

    18:844(f)(1),(f)(3),2 MURDER
    DURING BOMBING OF U.S.
    PROPERTY
    (2s - 3s)

    Docket as of November 24, 1998 2:26 am               Page 4

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

    18:930(c),2 MURDER
    (4 - 227)

    18:930(c),2  MURDER
    (4s - 227s)

    Offense Level (opening): 4

    Terminated Counts:

       NONE

    Complaints:

       NONE

    ========================

    Case Assigned to:  Judge Leonard B. Sand

    MOHAMED RASHED DAOUD AL-
    'OWHALI (4)
    aka
    Khalid Salim Saleh Bin Rashed
    aka
    "Moath"
    aka
    Abdul Jabbar Ali Abel-Latif
         defendant

    Pending Counts:                          Disposition

    18:2332(b)(d) CONSPIRACY TO
    MURDER U.S. NATIONALS
    (1)

    18:2332(b)  CONSPIRACY TO
    MURDER U.S. NATIONALS
    (1s)

    18:844(f)(1),(f)(3),2 MURDER
    DURING BOMBING AT U.S.
    PROPERTY
    (2 - 3)

    18:844(f)(1),(f)(3),2 MURDER
    DURING BOMBING OF U.S.

    Docket as of November 24, 1998 2:26 am               Page 5

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

    PROPERTY
    (2s - 3s)

    18:930(c),2 MURDER
    (4 - 227)

    18:930(c),2  MURDER
    (4s - 227s)

    Offense Level (opening): 4

    Terminated Counts:

       NONE

    Complaints:

       NONE

    ========================

    Docket as of November 24, 1998 2:26 am               Page 6

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

    Case Assigned to:  Judge Leonard B. Sand

    USAMA BIN LADEN (5)
    aka
    Usamah Bin-Muhammad Bin-Ladin
    aka
    Shaykh Usamah Bin-Ladin
    aka
    Mujahid Shaykh
    aka
    Hajj
    aka
    al Qaqa
    aka
    the Director
         defendant

    Pending Counts:                          Disposition

    18:2332(b) CONSPIRACY TO
    MURDER U.S. NATIONALS
    (1)

    18:844(f)(1),(f)(3),2 MURDER
    DURING BOMBING OF U.S.
    PROPERTY
    (2 - 3)

    18:930(c) MURDER
    (4 - 227)

    Offense Level (opening): 4

    Terminated Counts:

       NONE

    Complaints:

       NONE

    ========================

    Docket as of November 24, 1998 2:26 am               Page 7

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

    Case Assigned to:  Judge Leonard B. Sand

    MUHAMMAD ATEF (6)
    aka
    Abu Hafs
    aka
    Abu Hafs el Masry
    aka
    Abu Abu Hafs el Masry el
    Khabir
    aka
    Taysir
    aka
    Aheikh Taysir Abdullah
         defendant

    Pending Counts:                          Disposition

    18:2332(b) CONSPIRACY TO
    MURDER U.S. NATIONALS
    (1)

    18:844(f)(1),(f)(3),2 MURDER
    DURING BOMBING OF U.S.
    PROPERTY
    (2 - 3)

    18:930(c) MURDER
    (4 - 227)

    Offense Level (opening): 4

    Terminated Counts:

       NONE

    Complaints:

       NONE

    U. S. Attorneys:

      Patrick J. Fitzgerald
      [COR LD NTC]
      Chief, Organized Crime and
      Terrorism
      Mary Jo White, United States
      Attorney

    Docket as of November 24, 1998 2:26 am               Page 8

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

      Criminal Division
      One St. Andrew's Plaza
      New York, NY 10007
      USA
      (212) 637-1045

    Docket as of November 24, 1998 2:26 am               Page 9

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

    9/16/98  --      ARREST of Wadih El Hage.
                     [ 1:98-m -2166 ] (gq) [Entry date 09/22/98]

    9/17/98  1       COMPLAINT as to Wadih El Hage in violation of 18 U.S.C.
                     1001. ( signed by Magistrate Judge James C. Francis IV )
                     [ 1:98-m -2166 ] (gq) [Entry date 09/22/98]
                     [Edit date 09/22/98]

    9/17/98  2       CJA 23 Financial Affidavit as to Wadih El Hage : ( Signed by
                     Magistrate Judge James C. Francis IV )
                     [ 1:98-m -2166 ] (gq) [Entry date 09/22/98]
                     [Edit date 09/22/98]

    9/17/98  3       CJA 20 as to Wadih El Hage : Appointment of Attorney Bruce
                     McIntyre. ( Signed by Magistrate Judge James C. Francis IV
                     )
                     [ 1:98-m -2166 ] (gq) [Entry date 09/22/98]

    9/17/98  4       NOTICE of Appearance for Wadih El Hage by Attorney Bruce
                     McIntyre.
                     [ 1:98-m -2166 ] (gq) [Entry date 09/22/98]
                     [Edit date 09/22/98]

    9/17/98  --      First Appearance as to Wadih El Hage held. Deft appears
                     with CJA atty Bruce McIntyre. AUSA Patrick Fitzgerald
                     present for the gov't. Preliminary Examination set for
                     10/1/98 for Wadih El Hage ; Detention Hearing set for 2:00
                     9/21/98 for Wadih El Hage ; (Mag. Judge Francis, IV).
                     [ 1:98-m -2166 ] (gq) [Entry date 09/22/98]

    9/21/98  --      Detention hearing as to Wadih El Hage held. Deft appears
                     with CJA atty Bruce McIntyre. AUSA Patrick Fitzgerald
                     present for the gov't. Detention hearing adjourned on
                     deft's request until 9/23/98 at 2:30 p.m. Deft to be
                     detained until hearing. (Mag. Judge Pitman).
                     [ 1:98-m -2166 ] (gq) [Entry date 09/22/98]

    9/21/98  5       INDICTMENT as to Wadih El Hage (1) count(s) 1-8, 9-11
                     (Preliminary Examination cancelled.) (jm)
                     [Entry date 09/22/98]

    9/23/98  --      Detention hearing as to Wadih El Hage held. Deft present
                     w/atty Bruce Mcintyre, AUSA Patrick Fitzgerald present.
                     Deft detained (Bernikow, MJ). (bh) [Entry date 09/24/98]

    9/23/98  6       ORDER OF DETENTION as to Wadih El Hage defendant has ties
                     to other countries, risk of flight.( Signed by Magistrate
                     Judge Leonard Bernikow ) (bh) [Entry date 09/24/98]

    Docket as of November 24, 1998 2:26 am               Page 10

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

    9/24/98  --      Arraignment as to Wadih El Hage held.  Deft. Hage pres.
                     w/atty. Bruce McIntyre.  AUSA, Patrick Fitzgerald and Ken
                     Karas.  Deft. Wadih El Hage (1) enters a plea of not guilty
                     to count(s) 1-8, 9-11 before Magistrate Judge Leonard
                     Bernikow.  Case has been assigned to Judge Sprizzo for all
                     purposes.  Deft's. bail-status detained.  (Magistrate Judge
                     Bernikow) (ba) [Entry date 09/29/98]

    9/24/98  --      PLEA entered by Wadih El Hage . Court accepts plea. Not
                     Guilty: Wadih El Hage (1) count(s) 1-8, 9-11 (ba)
                     [Entry date 09/29/98]

    9/24/98  --      CASE assigned  to Judge John E. Sprizzo (ba)
                     [Entry date 09/29/98]

    9/24/98  7       NOTICE of Appearance for Wadih El Hage by Attorney Bruce
                     McIntyre. (ba) [Entry date 09/29/98]

    10/1/98  --      Status conference as to Wadih El Hage held. Dft. present
                     with atty. Bruce McIntyre. AUSA Patrick Fitzgerald present.
                     Case reassigned to Judge Sand. Dft. continued
                     detained.....Eaton, J. (mb) [Entry date 10/06/98]
                     [Edit date 10/06/98]

    10/1/98  --      CASE reassigned to Judge Leonard B. Sand. (mb)
                     [Entry date 10/07/98]

    10/1/98  8       Pursuant to the memorandum of the Case Processing  Asst. the
                     above entitled action is reassigned to Judge Sand as to
                     Wadih El Hage. Copies sent to attorney of record on 10/7/98.
                     Documents received on 10/9/98 by Elizabeth Stanton. . (mb)
                     [Entry date 10/07/98] [Edit date 10/14/98]

    10/7/98  --      Status conference as to Wadih El Hage held.   Deft. El Hage
                     present w/atty Bruce McIntyre.  AUSA Patrick Fitzgerald and
                     Ken Karas present.  Conference held.  Govt' will need a
                     month to gather facts as to how much discovery time will be
                     needed.  Status conference set for 11/10/98 at 9:30 a.m.
                     Gov't submit order excluding time thru Nov. 10, 1998. Deft.
                     cont'd detained.  Gov't will file a S-Ind this day. (rg)
                     [Entry date 10/08/98]

    10/7/98  --      Status conference as to Wadih El Hage  set at 9:30 11/10/98
                     for Wadih El Hage (rg) [Entry date 10/08/98]

    10/7/98  11      (S1) SUPERSEDING INDICTMENT as to  Wadih El Hage (1)
                     count(s) 1s, 228s-235s, 236s-238s,  Fazul Abdullah
                     Mohammed (2) count(s) 1, 2-3, 4-227, Mohamed Sadeek Odeh
                     (3) count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al-'Owhali
                     (4) count(s) 1, 2-3, 4-227 (rg) [Entry date 10/30/98]

    Docket as of November 24, 1998 2:26 am               Page 11

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

    10/8/98  9       ORDER as to Wadih El Hage,  Time is excluded from 10/7/98
                     until 11/10/9 pursuant to the Speedy Trial Act and to
                     Continue in Interests of Justice ( Signed by Judge Leonard
                     B. Sand ); Copies mailed. (mb) [Entry date 10/14/98]

    10/8/98  --      First Appearance as to Mohamed Sadeek Odeh, Mohamed Rashed
                     Daoud Al-'Owhali  held (rg) [Entry date 10/30/98]

    10/8/98  --      Arraignment as to Wadih El Hage, Mohamed Sadeek Odeh,
                     Mohamed Rashed Daoud Al-'Owhali  held Wadih El Hage (1)
                     count(s) 1s, 228s-235s, 236s-238s, Mohamed Sadeek Odeh (3)
                     count(s) 1, 2-3, 4-227, Mohamed Rashed Daoud Al-'Owhali (4)
                     count(s) 1, 2-3, 4-227  before  Judge Leonard B. Sand.
                     Deft. El Hague present w/atty Bruce McIntyre, Esq.  Deft.
                     Odeh present w/atty Michael Young, Esq.  Deft. Al-Owhali
                     present w/atty Leonard Joy, Esq.  AUSA Patrick Fitzgerald
                     and Kenneth Karas present.  Interpreter Hassan Moawa
                     (Arabic) present.  Deft. El Hage is arraigned and pleads
                     not guilty on each of counts 1 and 228 thru 238 as charged
                     on S Indictment. Deft. Mohamed Odeh is arraigned on S
                     Indictment and pleads not guilty on counts 1 and 2 thru 227
                     as charged.  Deft. Mohamed Rashed Daoud Al'Owhali is
                     arraigned on S-Ind. and pleads not guilty on counts 1 and 2
                     thru 227 as charged.  All defts remain detained.  Govt'
                     submit order excluding time thru 11/10/98.  Further status
                     conference on 11/10/98 at 9:30. (rg) [Entry date 10/30/98]

    10/8/98  --      PLEA entered by Wadih El Hage, Mohamed Sadeek Odeh, Mohamed
                     Rashed Daoud Al-'Owhali . Court accepts plea. Not Guilty:
                     Wadih El Hage (1) count(s) 1s, 228s-235s, 236s-238s,
                     Mohamed Sadeek Odeh (3) count(s) 1, 2-3, 4-227, Mohamed
                     Rashed Daoud Al-'Owhali (4) count(s) 1, 2-3, 4-227 (rg)
                     [Entry date 10/30/98]

    10/8/98  --      Status conference as to Wadih El Hage, Mohamed Sadeek Odeh,
                     Mohamed Rashed Daoud Al-'Owhali  set at 9:30 11/10/98 for
                     Wadih El Hage, for Mohamed Sadeek Odeh, for Mohamed Rashed
                     Daoud Al-'Owhali (rg) [Entry date 10/30/98]

    10/9/98  10      ORDER as to Wadih El Hage, Time excluded from 10/7/98
                     until 11/10/98 to Continue in Interests of Justice (
                     Signed by Judge Leonard B. Sand ); Copies mailed. (mr)
                     [Entry date 10/14/98]

    10/10/98 15      LETTER filed as to Mohamed Rashed Daoud Al-'Owhali   From
                     Leonard F. Joy,  Dated 11/6/98,  Addressed to: Patrick
                     Fitzgerald,AUSA  Re: Discovery Issues (mb)
                     [Entry date 11/16/98]

    Docket as of November 24, 1998 2:26 am               Page 12

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

    11/4/98  13      (S2) SUPERSEDING INDICTMENT as to  Wadih El Hage (1)
                     count(s) 1ss, 228ss-235ss, 236ss-238ss, Fazul Abdullah
                     Mohammed (2) count(s) 1s, 2s-3s, 4s-227s, Mohamed Sadeek
                     Odeh (3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud
                     Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s,  Usama Bin
                     Laden (5) count(s) 1, 2-3, 4-227, Muhammad Atef (6)
                     count(s) 1, 2-3, 4-227 (rg) [Entry date 11/12/98]

    11/4/98  16       Arrest WARRANT issued as to Usama Bin Laden (mb)
                     [Entry date 11/18/98]

    11/4/98  17      ARREST WARRANT issued as to Muhammad Atef (mr)
                     [Entry date 11/18/98]

    11/4/98  19       Arrest WARRANT issued as to Fazul Abdullah Mohammed (rg)
                     [Entry date 11/19/98]

    11/9/98  12      LETTER filed by USA, Dated 11/5/98, Addressed to: Hon.
                     Leonard B. Sand Re: Status Update For The Court In Advance
                     Of The Conference On Next Tuesday, November 10, 1998 At
                     9:30am. (rag) [Entry date 11/09/98]

    11/10/98 --      Arraignment as to Wadih El Hage, Mohamed Sadeek Odeh,
                     Mohamed Rashed Daoud Al-'Owhali  held Wadih El Hage (1)
                     count(s) 1ss, 228ss-235ss, 236ss-238ss, Mohamed Sadeek Odeh
                     (3) count(s) 1s, 2s-3s, 4s-227s, Mohamed Rashed Daoud
                     Al-'Owhali (4) count(s) 1s, 2s-3s, 4s-227s  before  Judge
                     Leonard B. Sand.  Conference and arraignments held.  Deft.
                     El Hage present w/atty Bruce McIntyre.  Deft. Odeh present
                     w/atty Michael A. Young.  Deft. Al-Owhali present w/atty
                     Leonard Joy.  AUSA Patirck Fitzgerald present.  AUSA Ken
                     Kara present.  Deft. El Hage is arraigned on S(2)
                     indictment and pleads not guilty on counts 1 and counts 228
                     thur 238 as charged. Deft. Mohamed Sadeek Odeh is arraigned
                     on S(2) indictment 98-1023 and pleads not guilty on counts
                     1 thru 227 as charged. Deft. Mohamed Rashed Daoud Al-Owhali
                     is arraigned on S(2) Ind. 98 cr 1023 and pleads not guilty
                     on counts 1 thru 227 as charged. Conference held.  First
                     wave of discovery to be completed by early Feb. 99. Hearing
                     to be held on 11/16/98 at 3 p.m. on prison conditions at
                     MCC and on Government's right to make an application for
                     protective order under R-16(d).  Further conference 1/14/99
                     at 10 a.m. Govt. submit order excluding time thru 1/14/99.
                     All (3) defts' cont'd remanded. Interpreter Fouad Kheir
                     (Arabic) present. (rg) [Entry date 11/12/98]

    11/10/98 --      PLEA entered by Wadih El Hage, Mohamed Sadeek Odeh, Mohamed
                     Rashed Daoud Al-'Owhali . Court accepts plea. Not Guilty:
                     Wadih El Hage (1) count(s) 1ss, 228ss-235ss, 236ss-238ss,
                     Mohamed Sadeek Odeh (3) count(s) 1s, 2s-3s, 4s-227s,
                     Mohamed Rashed Daoud Al-'Owhali (4) count(s) 1s, 2s-3s,
                     4s-227s (rg) [Entry date 11/12/98]

    Docket as of November 24, 1998 2:26 am               Page 13

    Proceedings include all events.
    1:98cr1023-ALLUSA v. Hage, et al                                  PRIOR

    11/10/98 14      LETTER filed by Wadih El Hage, Fazul Abdullah Mohammed,
                     Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Usama
                     Bin Laden, Muhammad Atef   From Michael A. Young,  Dated
                     11/5/98,  Addressed to: Mr. Fitzgerald  Re: objecting to
                     the Special Administration Measures which were issued
                     regarding our clients on or about 10/22/98. (mr)
                     [Entry date 11/13/98]

    11/16/98 --      Status conference as to Wadih El Hage, Mohamed Sadeek Odeh,
                     Mohamed Rashed Daoud Al-'Owhali held. Defendant El Hage
                     present with attorney Bruce McIntyre. Defendant Odeh
                     present with attorney Michael A. Young. Defendant
                     Al-'Owhali present with attorny Leonard Joy and David I.
                     Bruck. Hearing begun on conditions of confinement at MCC
                     and proposed protective order, and adjourned to 11/17/98.
                     Also present Dominique Raia, attorney for MCC, and Warden
                     Dennis Hasty. (mr) [Entry date 11/20/98]

    11/17/98 --      Status conference as to Wadih El Hage, Mohamed Sadeek Odeh,
                     Mohamed Rashed Daoud Al-'Owhali held. No defendants
                     present. Bruce McIntyre present for defendant El Hage.
                     Leonard Joy and Davd Bruck present for defendant
                     Al-'Owhali. Michael Young, Esq present for defendant Oden.
                     AUSA Patrick Fitzgerald present. Count concludes that it is
                     satisfied that conditions at 10-south (at MCC) are not
                     worse that conditions at 9-south and in some respects more
                     comfortable. Measures are reasonably based on security
                     needs and needs of the institution. Government submits
                     amended order revising S.A.M. conditions. (mr)
                     [Entry date 11/20/98]

    11/18/98 18      TRANSCRIPT of record of proceedings as to Wadih El Hage,
                     Fazul Abdullah Mohammed, Mohamed Sadeek Odeh, Mohamed
                     Rashed Daoud Al-'Owhali, Usama Bin Laden, Muhammad Atef
                     for dates of 9/23/98. (mr) [Entry date 11/18/98]

    11/19/98 20      SEALED DOCUMENT as to Wadih El Hage, Fazul Abdullah
                     Mohammed, Mohamed Sadeek Odeh, Mohamed Rashed Daoud
                     Al-'Owhali, Usama Bin Laden, Muhammad Atef (da)
                     [Entry date 11/20/98]

    [END OF DOCKET: 1:98cr1023-0]

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