News

APPROVED:

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



UNITED STATES OF AMERICA



- v -



MOHAMED SADEEK ODEH,

Defendant.



SEALED COMPLAINT



Violation of Title 18, United States Code, Sections 1111, 1117, 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:


COUNTS ONE THROUGH TWELVE: MURDER



1. On or about August 7, 1998, 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), 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 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 CUPTARA 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), 1111, 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, wilfully 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 assured name.


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 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 while such nationals would be outside 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 in "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 by 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.


7. I have also become familiar with various pronouncements and elf
"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, massive
explosions occurred in the vicinity of the United States Embassies 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 Salah Bin Rashed," who has stated in sum and
substance that the bombing of the Embassy it 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.


b. In or about 1992, ODEH joined al Qaeda and agreed to follow the
orders of the emir (prince) of al Qaeda -- who ODEH know 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 Mombassa, 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 Mombassa, 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 al 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 the other al
Qaeda members at the Hilltop Hotel in Kenya.


i. ODEH stated that, while at the hotel, he was provided by another al
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 the United States. ODEH stated that
it was his understanding that one al Qaeda member was remaining in
Kenya when the others left on 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.


ll. 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.


DANIEL J. COLEMAN

Special Agent

Federal Bureau of Investigation



Sworn to before me this 26th day of August 1998



UNITED STATES MAGISTRATE JUDGE



(End text)