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21 September 1998

Three related complaints related to US Embassy bombings in Africa:

> USA v. Wadih el Hage

> USA v. Haroun Fazil

> USA v. Mohamed Sadeek Odeh

El Hage and Fazil complaints by 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

Odeh complaint from FBI Web site; see URL with document.

    [No date]

    APPROVED: [Signature]
              PATRICK J. FITZGERALD
              Assistant United States Attorney

    BEFORE:   HONORABLE JAMES C. FRANCIS IV
              United States Magistrate Judge
              Southern District of New York

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

    UNITED STATES OF AMERICA                :

              - v -                         :     COMPLAINT

    WADIH EL HAGE,                          :     Violation of
         a/k/a "Abdus Sabbur,"                    Title 18, United
                                            :     States Code,
                        Defendant.                Section 1001
    - - - - - - - - - - - - - - - - - - - - x

    SOUTHERN DISTRICT OF NEW YORK, ss.:

              DANIEL J. COLEMAN, being duly sworn, deposes and says
    that he is a Special Agent of the Federal Bureau of Investigation
    ("FBI"), and charges as follows:

                       COUNT ONE: FALSE STATEMENTS

              1.   On or about September 23, 1997, in the Southern
    District of New York, WADIH EL HAGE, a/k/a "Abdus Sabbur," the
    defendant, in a matter within the jurisdiction of the executive
    branch of the government, 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 and
    that he believed that "Abu Ubaidah al Banshiri" was then alive and
    well and living in Afghanistan with Usama Bin Laden.

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

                       COUNT TWO: FALSE STATEMENTS

              2.   On or about October 17, 1997, in Arlington, Texas,
    outside the Southern district of New York, WADIH EL HAGE, a/k/a
    "Abdus Sabbur," the defendant, in a matter within the jurisdiction
    of the executive branch of the government, 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 the "Abu Ubaidah al Banshiri," a military commander for

    [1]

    Usama Bin Laden, had died.

              (Title 18, United States Code, Section 1001)

                      COUNT THREE: FALSE STATEMENTS

              3.   On or about August 20, 1998, in Dallas, Texas,
    outside the Southern district of New York, WADIH EL HAGE, a/k/a
    "Abdus Sabbur," the defendant, in a matter within the jurisdiction
    of the executive branch of the government, 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 photography when in
    truth and fact EL HAGE knows Mohamed Sadeek Odeh.

              (Title 18, United States Code, Section 1001)

              4.   I have participated in the investigation of the
    above-captioned matter, and have spoken with other individuals,
    including federal agents, other law enforcement officials, and
    other witnesses. When I rely on statements made by others, such
    statements are related in part and substance unless otherwise
    indicated. Moreover, because this affidavit is submitted for the
    limited purpose of establishing probable cause supporting the
    arrest of the defendant, I have not set forth each and every fact
    learned during the course of this investigation.

    Overview: Usama Bin Laden, the al Qaeda Organization, the Embassy
    Bombings and Wadi el Hage

              5.   During the course of my investigation, I have become
    familiar with a terrorist organization know as al Qaeda. I have
    learned from a variety of sources, including: persons who have been
    associated with al Qaeda; statements by the leader of al Qaeda,
    Usama Bin Laden; and documentary evidence, that al Qaeda is an
    international terrorist organization led by Usama Bin Laden. The
    purposes of al Qaeda include, among other things: (i) killing
    members of the American military stationed in Saudi Arabia, Yemen,
    Somalia and elsewhere; and (ii) killing American civilians
    worldwide, in response to, and in order to influence, the foreign
    policy of the government of the United States. As is set forth
    below, EL HAGE has admitted serving as the personal secretary of
    Usama Bin Laden while Bin Laden and EL HAGE lived in the sudan and
    has also admitted being familiar with Bin Laden's ranking military
    commanders, Abu Ubaidah al Banshiri and Abu Hafs el Masry. In
    1994, EL HAGE moved from Sudan to kenya where he lived until
    1997 before returning to the United States.

              6.  Following the August 7, 1998, bombings of the United
    States Embassies in Nairobi, Kenya, and Dars es Salaam, Tanzania,

    [2]

    which resulted in the deaths of well more than 250 people, one
    Mohamed Sadeek Odeh was arrested in Kenya and later charged in this
    District with the murders caused by the bombing. Odeh admitted to
    being a close friend of WADIH EL HAGE, a/k/a "Abdus Sabbur," and
    has described EL HAGE's background in accurate detail. However,
    when agents investigating the bombings sought to interview EL HAGE
    about Odeh, EL HAGE denied knowing Odeh and stated that he did not
    recognize his picture. A year earlier, EL HAGE had repeatedly
    denied knowing that Bin Laden's military commander "Abu Ubaidah al
    Banshiri" had drowned in 1996 while travelling in East Africa --
    the area where EL HAGE then lived -- although EL HAGE admitted
    travelling to the scene of the drowning. Moreover, it appears that
    a close associate of EL HAGE named "Harun" -- who worked for EL
    HAGE and lived in the same Nairobi house as EL HAGE in 1997 -- is
    a member of al Qaeda who carried out the bombing of the U.S.
    Embassy in Nairobi. However, EL HAGE has claimed that he does not
    know if "Harun" knows Usama Bin Laden.

    The September 1997 Statements

              7.  On September 23, 1997, WADIH EL HAGE, a/k/a "Abdus
    Sabbur," was interviewed by me and other law enforcement officers
    in New York, New York. During that interview, EL HAGE admitted
    knowing that "Abu Ubaidah al Banshiri" was Usama Bin Laden's
    military commander and that he had met him in the past. EL HAGE
    further admitted that he had visited the scene of a ferry sinking
    in Lake Victoria in 1996 to look for someone who had drowned but
    stated that he had never heard that "Abu Ubaidah al Banshiri" had
    died in that incident. In fact, he stated that he believed that
    "Abu Ubaidah al Banshiri" was then alive and well and living in
    Afghanistan with Usama Bin Laden. EL HAGE also admitted serving as
    the personal secretary to Usama Bin Laden while he and Bin Laden
    lived in the Sudan.

    The October 1997 Statements

              8.   On October 21, 1997, WADIH EL HAGE, a/k/a "Abdus
    Sabbur," was reinterviewed by other law enforcement officers in
    Arlington, Texas. During that interview, EL HAGE stated once again
    that he had never learned that "Abu Ubaidah al Banshiri" had died
    in the ferry sinking incident in Lake Victoria.

    The August 1998 Statements

              9.  On August 20, 1998, following the bombings of the
    embassies in Kenya and Tanzania, WADIH EL HAGE, a/k/a "Abdus
    Sabbur," was interviewed by other law enforcement officers in
    Arlington, texas. EL HAGE stated that he did not know Mohamed
    Sadeek Odeh but had heard that he was arrested because he was a
    Palestinian using a Yemeni passport with someone else's picture.
    Later that evening, I was present when two color photographs of
    Mohamed Sadeek Odeh were displayed to EL HAGE, who stated that he
    did not recognize the person depicted in the photographs.

    [3]

              10.  During the course of the interviews on that date, EL
    HAGE admitted knowing Bin Laden's chief lieutenants, "Abu Hafs el
    Masry" and "Abu Ubaidah al Banshiri," when EL HAGE lived in the
    Sudan. EL HAGE further stated that he had travelled to the scene
    of the 1996 ferry accident with one "Harun" to look for "Adel
    Habib." EL HAGE insisted that "Adel Habib" was not the same person
    as "Abu Ubaidah al Banshiri." EL HAGE described "harun" as a close
    associate who both lived in EL HAGE's home in Kenya and also worked
    for EL HAGE. Indeed, EL HAGE admitted dispatching "Harun" to
    Somalia in connection with his work. However, EL HAGE contended
    that he did not know if "Harun" either worked for Usama Bin Laden
    or was acquainted with him.

    The Wadi el Hage Files

              11.  WADIH EL HAGE, a/k/a "Abdus Sabbur," admitted in the
    fall of 1997 interviews that he had maintained certain files in his
    home in Nairobi, Kenya, in 1997 which had been removed by his close
    friend "Harun" after "Harun" learned that a former confidante of
    Usama Bin Laden may have been arrested. EL HAGE stated that the
    files were to be sent to the home of a particular individual. A
    1997 search of the residence of that individual by Kenyan
    authorities failed to recover the files. In August, 1998, following
    the bombing of the United States Embassy in Nairobi, Kenya, a
    search conducted in Nairobi by Kenyan authorities in the presence
    of FBI agents recovered what appear to be the files of WADIH EL
    HAGE. These files appear to include EL HAGE's phone bills and
    various personal items among other things. They also include a
    receipt for an item being shipped to "Mohamed Oudeh" from Wadih
    Hage." The files further contain an identification document for
    "Adel Habib," which bears a picture.

              12.  Confidential Source 1 ("CS-1"), a person familiar
    with both WADIH EL HAGE, a/k/a "Abdus Sabbur," and "Abu Ubaidah al
    Banshiri," and who is suspected of possible involvement of criminal
    activity with members and associates of al Qaeda, has advised that
    "Abu Ubaidah al Banshiri" used the alia "Adel Habib" and has
    identified the picture of "Adel Habib" obtained from EL HAGE's
    files as being a picture of "Abu Ubaidah al Banshiri." CS-1
    further stated that EL HAGE went to the scene of the Lake Victoria
    ferry sinking with "Harun" to look for "Abu Ubaidah al Banshiri."

    The Odeh Statements

              13.  On or about August 16, 1998, following the bombing
    of the United States Embassy in Nairobi, kenya, one week earlier,
    Mohamed Sadeek Odeh ("Odeh") was taken into custody by Kenyan
    authorities and subsequently was advised of his Miranda rights by
    Special Agents of the FBI. Odeh waived his rights and agreed to
    answer questions. Thereafter, Odeh admitted in substance that he
    was an active member of al Qaeda, that he believed that the Embassy
    bombings were carried out by al Qaeda, and that, as a member of al

                                    4

    Qaeda, Odeh accepted responsibility for the bombings. Among other
    things, Odeh stated that:

                   a.   He was trained in a number of camps affiliated
    with al Qaeda, an international terrorist group, led by Usama Bin
    Laden, dedicated to opposing non-Islamic governments with force and
    violence.

                   b.   In or about 1992, ODEH joined al Qaeda and
    agreed to follow the orders of the emir (prince) of al Qaeda -- who
    Odeh knew to be Usama Bin Laden -- 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, and has never left the
    organization.

                   c.   In or about 1993, as part of his duties with al
    Qaeda, Odeh trained Islamic fighters in Somalia who were opposed to
    the United Nations forces in Somalia.

                   d.   In or about 1994, Odeh 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 top commanders of al Qaeda, including the military
    commanders "Abu Hafs el Masry" and "Abu Ubaidah al Banshiri," who
    helped Odeh get a start in the fishing business.

                   e.   Odeh admitted that he was familiar with WADIH
    EL HAGE, a/k/a "Abdus Sabbur," who he described as a converted
    Muslim of Lebanese Christian origins who was in the Tanzanite
    business. Odeh further stated that WADIH EL HAGE, a/k/a "Abdus
    Sabbur," had moved to kenya from the Sudan after earlier spending
    time in Afghanistan. Odeh stated that WADIH EL HAGE, a/j/a "Abdus
    Sabbur," was a friend of Usama Bin Laden who worked in Kuwait,
    studied engineering in America and married an American citizen.

                   f.   Odeh further stated that in 1997 WADIH EL
    HAGE, a/k/a "Abdus Sabbur," sent Odeh on a mission to Somalia on
    behalf of usama Bin Laden.

                   g.   Odeh further stated that shortly before WADIH
    EL HAGE, a/k/a "Abdus Sabbur," returned to the United States [which
    I know occurred in September 1997], EL HAGE visited Usama Bin
    Laden in Afghanistan.

                   h.   Odeh stated that he trusted WADIH EL HAGE,
    a/k/a "Abdus Sabbur," very  much and considered him a very close
    friend like an older brother. In 1994 in Mombasa, kenya, Mohamed
    Sadeek Odeh was married during a ceremony attended by the defendant
    WADIH EL HAGE. After the ceremony, WADIH EL HAGE drove Odeh and
    Odeh's wife home in a car belonging to WADIH EL HAGE, a/k/a "Abdus
    Sabbur." Also in attendance at the wedding was "Harun."

                                   5

                   i.   On another occasion, Odeh obtained an identity
    card with the assistance of WADIH EL HAGE, a/k/a "Abdus Sabbur."

                   j.   Odeh further indicated that "Abu Hafs al Masry"
    was one of Usama Bin Laden's top two military commanders. The
    other top Bin Laden military commander was "Abu Ubaidah al
    Banshiri" who drowned when a ferry sank in Lake Victoria.

                   k.   Odeh further indicated that he had met "Harun"
    in Afghanistan at an al Qaeda camp, that harun had explosives
    training and had provided military training to Islamic forces in
    Somalia. In addition, "harun" was a member of al Qaeda and a
    secretary to EL HAGE who used to live in EL HAGE's house. "Harun"
    would regularly type reports about a Qaeda to be forwarded to
    Usama Bin Laden or one of his top deputies. Odeh thought it likely
    that "Harun" had constructed the bomb used against the U.S. Embassy
    in Nairobi. Indeed, Odeh understood that on August 6, 1998, all al
    Qaeda members then in Kenya were leaving the country, wit the
    exception of "Harun" who was staying behind for some reason.

              14.  I know from independent investigation that WADIH EL
    HAGE, a/k/a "Abdus Sabbur," is a converted Muslim of Lebanese
    Christian origins who was in the Tanzanite business, as described
    by Odeh. Moreover, WADIH EL HAGE, a/k/a "Abdus Sabbur," has
    admitted to me that he moved to kenya from the Sudan in 1994 after
    earlier spending time in Afghanistan. Further, WADIH EL HAGE,
    a/k/a "Abdus Sabbur," admitted he was a friend of Usama Bin Laden,
    that he had worked in Kuwait, studied city planning in Louisiana
    and that he had married an American citizen.

    The Al-'Owhali Statements

              15.  On or about August 16, 1998, following the bombing
    of the United States Embassy in Nairobi, Kenya, one week earlier,
    Mohamed Rashed Daoud al-'Owhali was taken into custody by kenyan
    authorities and subsequently advised of his Miranda rights by
    Special Agents of the FBI. Al-'Owhali waived his rights and agreed
    to answer questions. Thereafter, al-'Owhali admitted his role in
    the bombing of the U.S. Embassy in Nairobi and stated in substance
    that: (i) he had been trained at al Qaeda camps; (ii) he and
    "Harun" had reconnoitered the U.S. Embassy in Nairobi in the days
    shortly before the bombing; (iii) he and "Harun" had stayed in a
    villa rented by "Harun" where the bomb had been built; and (iv) on
    the day the bombing occurred, al-'Owhali and another co-

                                6

    conspirator had driven the bomb-laden vehicle to the embassy while
    trailing a pick-up truck driven by "Harun."

              WHEREFORE, your deponent respectfully requests that the
    defendant WADIH EL HAGE, a/k/a "Abdus Sabbur," be imprisoned or
    bailed as the case may be.

                                 [Signature]
                                 DANIEL J. COLEMAN
                                 Special Agent,
                                 Federal Bureau of Investigation

    Sworn to before me this
         day of September 1998

    [No signature]
    _______________________________
    UNITED STATES MAGISTRATE JUDGE

                                     7

    [Following complaint attached.
    See related court docket: http://jya.com/usa-v-fazil.htm ]

    [Stamp] 98MAG.2052

    APPROVED: [Two signatures]
              DAVID N. KELLEY
              MICHAEL J. GARCIA
              Assistant United States Attorneys

    BEFORE:   HONORABLE SHARON E. GRUBIN
              United States Magistrate Judge
              Southern District of New York

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

    UNITED STATES OF AMERICA                :

              - v -                         :     SEALED COMPLAINT

    HAROUN FAZIL,                           :     Violation of
    a/k/a "Harun,"                                Title 18, United
    a/k/a "Harun Fahdl,"                    :     States Code,
                        Defendant.                Sections 1111, 1117,
                                            :     2332a and 2
    - - - - - - - - - - - - - - - - - - - - x

    SOUTHERN DISTRICT OF NEW YORK, ss.:

              DANIEL J. COLEMAN, being duly sworn, deposes and says
    that he is a Special Agent of the Federal Bureau of Investigation
    ("FBI"), and charges as follows:

                    COUNT ONE THROUGH TWELVE:  MURDER

              1.   On or about August 7, 1998, in he special maritime
    and territorial jurisdiction of the United States, as that term is
    defined in Title 18, United States Code, Section 7(3), and outside
    the jurisdiction of any particular state or district, HARUN FAZIL,
    a/k/a "Harun," a/k/a Harun Fahdl," the defendant, together with
    others known and unknown, unlawfully, deliberately, and with malice
    aforethought, murdered the United States nationals identified

    [1]

    below, as well as hundreds of non-Americans, at the United States
    Embassy Compound, Nairobi, Kenya (the "Embassy").

         COUNT                    VICTIM

         ONE                 NATHAN ALIGANGA
         TWO                 JULIAN HARTLEY
         THREE               JAY HARTLEY
         FOUR                JEAN DALIZU
         FIVE                MOLLY HARDY
         SIX                 KEN HOBSON
         SEVEN               PRABHI GUPTARA KAVALIER
         EIGHT               ARLENE KIRK
         NINE                LOUISE MARTIN
         TEN                 MICHELLE O'CONNOR
         ELEVEN              SHERRY OLDS
         TWELVE              UTTAMLAL SHAH

       (Title 18, United States Code, Sections 7(3), 111, and 2.)

                    COUNT THIRTEEN: MURDER CONSPIRACY

              2.   From in or about March 1998 through the date of the
    filing of this Complaint, outside the jurisdiction of any
    particular state or district, HARUN FAZIL, a/k/a "Harun," a/k/a
    Harun Fahdl," the defendant, together with others known and
    unknown, unlawfully, willfully and knowingly combined, conspired,
    confederated and agreed together and with each other to murder the
    occupants of the United States Embassy Compound, Nairobi, kenya, 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).

              3.   In furtherance of the conspiracy and to effect the
    object thereof, the defendant and others committed the following
    overt acts, among others:

                   a.   From in or about May 1998, through on or about
    August 7, 1998, HARUN FAZIL, a/k/a "Harun," a/k/a Harun Fahdl," the
    defendant, maintained a villa in the vicinity of Nairobi, Kenya.

                   b.   On or about August 1, 1998, HARUN FAZIL, a/k/a
    "Harun," a/k/a Harun Fahdl," the defendant, together with others
    known and unknown, reconnoitered the Embassy.

                   c.   On or about August 7, 1998, HARUN FAZIL, a/k/a
    "Harun," a/k/a Harun Fahdl," the defendant, together with others
    known and unknown, driving the lead vehicle, directed a second,
    bomb-laden vehicle in the direction of the Embassy.

              (Title 18, United States Code, Section 1117.)

    [2]

           COUNT FOURTEEN: USE OF WEAPONS OF MASS DESTRUCTION

              4.   From in or about 1994 through the date of the filing
    of this Complaint, in Nairobi, Kenya and outside the jurisdiction
    of any particular state or district, HARUN FAZIL, a/k/a "Harun,"
    a/k/a Harun Fahdl," the defendant, together with others known and
    unknown, unlawfully, willfully, and knowingly, and without lawful
    authority, combined, conspired, confederated and agreed together
    and with each other to use and threaten to use, weapons of mass
    destruction, against property that is owned, leased, and used by
    the United States, to wit, the defendant conspired to detonate an
    improvised explosive device inside and in the vicinity of the
    United States Embassy Compound, Nairobi, Kenya.

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

              The bases for my knowledge and the foregoing charges are
    as follows:

              5.   I have participated in the investigation of the
    above-captioned matter, and have spoken with other individuals,
    including federal agents, other law enforcement officials, and
    other witnesses. When I rely on statements made by others, such
    statements are related in part and substance unless otherwise
    indicated. Moreover, because this affidavit is submitted for the
    limited purpose of establishing probable cause supporting the
    arrest of the defendant, I have not set forth each and every fact
    learned during the course of this investigation.

              6.   On August 7, 1998, at approximately 10:30 a.m. local
    time, a massive explosion occurred in the vicinity of the United
    States Embassy in Nairobi, Kenya, demolishing a secretarial college
    adjacent to the rear of the Embassy, and severely damaging both the
    Embassy and a nearby building. At least 258 persons were killed,
    including 12 United States nationals.

              7.   A coconspirator of the defendant who has
    acknowledged participating in the Embassy bombing ("CC-1"), has
    stated after his arrest, among other things that:

                   a.   On or about August 1, 1998, CC-1 joined an
    individual he knew as "Harun," in Nairobi, Kenya. CC-1 identified
    "Harun" from video footage that was taken in or about May 1996
    (hereinafter the "video").

                   b.  On or about August 1, 1998 Harun and CC-1
    reconnoitered the Embassy in preparation for the August 7, 1998
    bombing operation.

                   c.   After initially staying in a hotel, CC-1 moved
    into a villa with Harun that Harun had rented in the vicinity of

                                    3

    Nairobi.  CC-1 stated that he believed that the bomb was
    constructed in the villa (hereinafter the "Villa").

                   d.   On the morning of August 7, 1998 the occupants
    of the bomb-laden vehicle followed the defendant, who was driving
    a white pick-up truck, to the vicinity of the Embassy.

              8.   A confidential source ("CS-1") who has known Harun
    for more than one year, has identified the Villa as a place rented
    by Harun from in or about May 1998 through on or about August 7,
    1998. CS-1 also reported that, in the days, immediately following
    the August 7, 1998 bombing of the Embassy, Harun hired two
    individuals to clean out the Villa. Moreover, CS-1 reported that,
    on or about August 14, 1998, Harun left Tanzania for the Comoros
    Islands.

              9.   On or about August 20, 1998 members of the FBI
    participated in a search of the Villa. Agents conducting the
    search observed large amounts of a gray powder in various places in
    the Villa. Samples of the powder were shipped to the FBI
    laboratory for testing. That material has not arrived at the
    laboratory; however, bomb technicians and an FBI chemist to whom
    the powder was described have stated that the appearance of the
    material is consistent with that of aluminum powder, an ingredient
    frequently used in improvised explosive devices.

              10.  An individual who has acknowledged his membership in
    al Qaeda (see ¶ 10(c), supra), hereafter "CC-2," has also
    provided information about Harun. In sum and substance, CC-2 has
    stated the following concerning Harun:

                   a.   He knows the individual in the video (see ¶ 7a,
    supra), as "Harun Fadhl" who is from the Comoros Islands. CC-2
    first met Harun in a paramilitary training camp in Afghanistan in
    or about 1994.

                   b.   CC-2 knew that Harun drove a white pick-up type
    vehicle.

                   c.   Harun has been a member of al Qaeda, an
    international terrorist group, led by Usama Bin Laden, dedicated to
    opposing non-Islamic governments with force and violence. In
    particular, Harun has been trained in explosives and has been an
    active participant in the Kenyan cell of al Qaeda. One of Harun's
    duties in al Qaeda has been the preparation of various reports for
    al Qaeda and teh transmittal of those reports to Usama bin Laden
    and his top lieutenants.

                   d.   In or about early August 1998 CC-2 met with
    various members of al Qaeda's Kenyan cell in the Hilltop Hotel in
    Nairobi. Among those who attended the meetings were Harun and
    another explosives expert. CC-2 stated that, on or about August 4,

                                    4

    1998, CC-2 was advised by a leader of the Kenyan cell that harun
    was involved in a "small job."

                   e.   In or about early August, CC-2 was advised by
    al Qaeda members to leave Nairobi by August 6, 1998, and further,
    that Harun would be staying in Nairobi for some unspecified
    purpose.

              WHEREFORE, your deponent respectfully requests that an
    arrest warrant be issued for the defendant HARUN FAZIL, a/k/a
    "Harun," a/k/a Harun Fahdl," and that he be imprisoned or bailed
    as the case may be.

                                 [Signature]
                                 DANIEL J. COLEMAN
                                 Special Agent,
                                 Federal Bureau of Investigation

    Sworn to before me this
    28th day of August 1998

    [S/Signature]
    _______________________________
    UNITED STATES MAGISTRATE JUDGE

    [Stamp]
    SHARIN E. GRUBIN
    United States Magistrate Judge
    Southern District of New York

                                     5

    [End documents provided by U.S. Attorney's Office.]

Source: HTTP://www.fbi.gov/pressrel/odeh.pdf (435K)

    [FBI fax dated AUG 28 '98 09:52AM]

    [Stamp] 98MAG.[illegible]

    APPROVED: [Two signatures]
              DAVID N. KELLEY
              MICHAEL J. GARCIA
              Assistant United States Attorneys

    BEFORE:   HONORABLE SHARON E. GRUBIN
              United States Magistrate Judge
              Southern District of New York

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

    UNITED STATES OF AMERICA                :

              - v -                         :     SEALED COMPLAINT

    MOHAMED SADEEK ODEH,                    :     Violation of
                                                  Title 18, United
                                            :     States Code,
                        Defendant.                Sections 1111, 1117,
    - - - - - - - - - - - - - - - - - - - - x     2332a and 2

    SOUTHERN DISTRICT OF NEW YORK, ss.:

              DANIEL J. COLEMAN, being duly sworn, deposes and says
    that he is a Special Agent of the Federal Bureau of Investigation
    ("FBI"), and charges as follows:

                    COUNT ONE THROUGH TWELVE:  MURDER

              1.   On or about August 7, 1998, in he special maritime
    and territorial jurisdiction of the United States, as that term is
    defined in Title 18, United States Code, Section 7(3), and outside
    the jurisdiction of any particular state or district, MOHAMED SADEEK
    ODEH, the defendant, together with others known and unknown,
    unlawfully, deliberately, and with malice aforethought, murdered
    the United States nationals identified below, as well as hundreds

    [1]

    of non-Americans, at the United States Embassy Compound, Nairobi,
    Kenya (the "Embassy").

         COUNT                    VICTIM

         ONE                 NATHAN ALIGANGA
         TWO                 JULIAN HARTLEY
         THREE               JAY HARTLEY
         FOUR                JEAN DALIZU
         FIVE                MOLLY HARDY
         SIX                 KEN HOBSON
         SEVEN               PRABHI GUPTARA KAVALIER
         EIGHT               ARLENE KIRK
         NINE                LOUISE MARTIN
         TEN                 MICHELLE O'CONNOR
         ELEVEN              SHERRY OLDS
         TWELVE              UTTAMLAL SHAH

       (Title 18, United States Code, Sections 7(3), 111, and 2.)

                    COUNT THIRTEEN: MURDER CONSPIRACY

              2.   From in or about 1992 through the date of the filing
    of this Complaint, outside the jurisdiction of any particular state
    or district, MOHAMED SADEEK ODEH, the defendant, together with
    others known and unknown, unlawfully, willfully and knowingly
    combined, conspired, confederated and agreed together and with each
    other to commit murder, to wit, the defendant, together with other
    members of al Qaeda, an international terrorist organization,
    conspired to kill American civilians and attack American
    installations and facilities worldwide, in response to, and in
    order to influence, the foreign policy of the government of the
    United States, 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).

              3.   In furtherance of the conspiracy and to effect the
    object thereof, the defendant and others committed the following
    overt acts, among others:

                   a.   On or about August 2, 1998, MOHAMED SADEEK
    ODEH, the defendant, together with other members of al Qaeda met in
    Nairobi, Kenya.

                   b.   On or about August 4, 1998, members of al
    Qaeda, reconnoitered the Embassy.

                   c.   On or about August 6, 1998, MOHAMED SADEEK
    ODEH, the defendant, based on instructions from al Qaeda members,
    left nairobi, kenya for pakistan under an assumed name.

    [2]

                   d.   On or about August 7, 1998, members of al Qaeda
    detonated an improvised explosive device in the vicinity of the
    United States Embassy compound, Nairobi, Kenya.

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

                             COUNT FOURTEEN:

              CONSPIRACY TO USE OF WEAPONS OF MASS DESTRUCTION

              4.   From in or about 1992 through the date of the filing
    of this Complaint, in Nairobi, Kenya and outside the jurisdiction
    of any particular state or district, MOHAMED SADEEK ODEH, the
    defendant, together with others known and unknown, unlawfully,
    willfully, and knowingly, and without lawful authority, combined,
    conspired, confederated and agreed together and with each other to
    use and threaten to use, weapons of mass destruction, against
    nationals of the United States, and against property that is owned,
    leased, and used by the United States, to wit, the defendant,
    together with other members of al Qaeda, an international terrorist
    organization, conspired to use weapons of mass destruction to kill
    American civilians and attack American installations and facilities
    worldwide, in response to, and in order to influence, the foreign
    policy of the government of the United States.

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

              The bases for my knowledge and the foregoing charges are
    as follows:

              5.   I have participated in the investigation of the
    above-captioned matter, and have spoken with other individuals,
    including federal agents, other law enforcement officials, and
    other witnesses. When I rely on statements made by others, such
    statements are related in part and substance unless otherwise
    indicated. Moreover, because this affidavit is submitted for the
    limited purpose of establishing probable cause supporting the
    arrest of the defendant, I have not set forth each and every fact
    learned during the course of this investigation.

              6.   During the course of my investigation, I have become
    familiar with al Qaeda. I have learned from a variety of sources,
    including: persons who have been associated with al Qaeda;
    statements of the leader of al Qaeda, Usama Bin Laden; and
    documentary evidence, that al Qaeda is an international terrorist
    organization. The purposes of al Qaeda include, among other
    things: (i) killing members of the American military stationed in
    Saudi Arabia, Yemen, Somalia and elsewhere; and (ii) killing
    American civilians worldwide, in response to, and in order to
    influence, the foreign policy of the government of the United
    States.

                                  3

              7.   I have also become familiar with various
    pronouncements and "fatwahs" issued by Bin Laden. For instance:

                   a.   On or about August 23, 1996, Usama Bin Laden
    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" from the Hindu Kush
    mountains in Afghanistan. The Declaration included statements that
    efforts should be pooled to kill Americans and encouraged other
    persons to join the jihad against the American "enemy."

                   b.   In or about February 1998, Usama Bin Laden
    issued a joint declaration with the Islamic Group (also known as
    "Gamaa't"). Al Jihad, the Jihad Movement in Bangladesh and the
    "Jamaat ul Ulema e Pakistan" under the banner of the "World islamic
    Front." which stated that Muslims should kill Americans --
    including civilians -- anywhere in the world where they can be
    found.

              8.   On August 7, 1998, at approximately 10:30 a.m. local
    time, a massive explosion occurred in the vicinity of the United
    States Embassy in Nairobi, Kenya, and Dar es Salaam, Tanzania.
    To date, the casualties include: 258 persons killed, among them
    were 12 United States nationals, in Nairobi; and at least 15
    persons killed in Dar es Salaam. In addition, each Embassy
    compound sustained extensive damage.

              9.   I have reviewed statements made by MOHAMED RASHED
    DAOUD AL-'OWHALI, a/k/a "Khalid Salim Saleh Bin Rashed," who has
    stated in sum and substance that the bombing of the embassy in
    Nairobi was planned and carried out by members of al Qaeda as part
    of al Qaeda's overall terrorist mission.

              10.  On or about August 16, 1998, MOHAMED SADEEK ODEH
    ("ODEH"), the defendant, was taken into custody by Kenyan
    authorities and subsequently was advised of his Miranda rights by
    Agents of the FBI. The defendant waived his rights and agreed to
    answer questions. Thereafter, the defendant admitted in substance
    that he was an active member of al Qaeda, that he believed that the
    Embassy bombings were carried out by al Qaeda, and that, as a
    member of al Qaeda, ODEH accepted responsibility for the bombings.
    Specifically, among other things, ODEH stated that:

                   a.   He was trained in a number of camps affiliated
    with al Qaeda, an international terrorist group, led by Usama Bin
    Laden, dedicated to opposing non-Islamic governments with force and
    violence. ODEH stated that at the camps he was trained in
    explosives, and further, that his training in explosives was
    extensive enough for him to have carried out the bombings of the
    Embassies in Dar es Salaam and Nairobi.

                                    4

                   b.   In or about 1992, ODEH joined al Qaeda and
    agreed to follow the orders of the emir (prince) of al Qaeda -- who
    ODEH knew to be Usama Bin Laden -- 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, and has never left the
    organization.

                   c.   In or about 1993, as part of his duties with al
    Qaeda, ODEH trained Islamic fighters in Somalia who were opposed to
    the United Nations forces in Somalia.

                   d.   In or about 1994, ODEH 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 top commanders of al Qaeda.

                   e.   In Mombasa, Kenya, in or about 1996, an
    individual associated with al Qaeda displayed TNT and detonators to
    ODEH. The individual said that he had obtained this material in
    Tanzania.

                   f.   ODEH further stated that he was aware of the
    fatwah -- or decree -- issued by Usama Bin Laden in 1996, which
    declared war or jihad against the American military, as well as a
    subsequent fatwah by Bin Laden, and interviews of Bin Laden by
    journalists, in which Bin Laden made statements against America.

                   g.   ODEH stated that on or about August 1, 1998, he
    was advised that all members of a Qaeda had to leave Kenya by
    Thursday, August 6, 1998.

                   h.   ODEH further stated that, on or about August 2,
    1998, he travelled to Nairobi, Kenya, where he met members and
    associates of al Qaeda, including an individual known to ODEH as
    the leader of the Kenya cell of al Qaeda. ODEH also knew this
    individual to be an explosives expert. ODEH, who was using a false
    passport, stayed with other al Qaeda members at the Hilltop
    Hotel in Kenya.

                   i.   ODEH stated that, while at the hotel, he was
    provided by another a Qaeda member with a new pair of pants, and
    a razor to shave with. ODEH stated that al Qaeda members often
    shave before travelling so as not to attract the suspicions of
    customs officials. ODEH further stated that, on or about August 5,
    1998, in preparation to travel to meet Usama Bin Laden after August
    6, 1998, ODEH used the razor to shave.

                   j.   ODEH stated that he was told by other al Qaeda
    members before leaving Kenya that the al Qaeda members in
    Afghanistan were relocating in order to avoid retaliation from teh
    United States. ODEH stated that it was his understanding that one
    al Qaeda member was remaining in Kenya when the others left on

                                  5

    August 6, 1998.

                   k.   ODEH also stated hypothetically that he would
    consider doing a violent bombing against Americans in Saudi Arabia
    or Tanzania if asked to do so by Usama Bin Laden, but claimed that
    he would not participate in such an endeavor on Kenyan soil and had
    not actually participated in the recent bombings.

                   l.   ODEH also stated that the fellow al Qaeda
    members with whom he was staying did not tell him what they were
    doing, but that ODEH accepted responsibility for the bombings
    because he was part of the group (al Qaeda) that did them.

              11.  During the course of his interview, ODEH also stated
    that he had never been to Dar es Salaam, Tanzania, or anywhere else
    in Tanzania. However, two witnesses who are familiar with ODEH
    have advised Agents of the FBI that within the last year ODEH told
    each of the confidential witnesses that ODEH had been to Dar es
    Salaam for several months.

              WHEREFORE, your deponent respectfully requests that an
    arrest warrant be issued for the defendant MOHAMED SADEEK ODEH, and
    that he be imprisoned or bailed as the case may be.

                                 [Signature]
                                 DANIEL J. COLEMAN
                                 Special Agent,
                                 Federal Bureau of Investigation

    Sworn to before me this
    26th day of August 1998

    [S/Signature]
    _______________________________
    UNITED STATES MAGISTRATE JUDGE

    [Stamp]
    SHARIN E. GRUBIN
    United States Magistrate Judge
    Southern District of New York

                                     6

    [End FBI document.]

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