AO (Rev. 5/85) Criminal Complaint -UNITED STATES DISTRICT COURT A- - I MIDDLE DISTRICT OF FLORIDA I - TAMPA DIVISION I UNITED STATES OF - CRIMINAL COMPLAINT CASE NUMBER: my I SAMI OSMAKAC - - . - I, the undersigned complainant, being duly sworn, state the following is true and correct I I I Ito the best of my knowledge and belief. On or about January 7, 2012, in Hillsborough County, . in the Middle District of Florida, defendant(s) did, - . I I I. Attempt to Use of a Weapon of Mass Destruction Against PersonIs and Property in the UnitedStates . - in violation of Title 18, United States Code, Section(s) 2332a(a)(2)(A), and _l I - runner state that I am a(n) Special Agent with Federal Bureau of Investigation, and that this I - Complaint is based _on the following facts: I ISEIE I I Continued on the attached sheet and made a part hereof; BI Yes No I I Signature of?C0mpIaInant . - - Christopher B. Johnston, SpeciaI.Agent - . Federal Bureau of Investigation Sworn to before-me and subscribed in my presenceTampa, Florida I I . I A. PIZZO I I I A I . United States Magistrate Judge - Kr . - Name Title of Judicial Officer Signature of Judicial Officer I I _i BOND RECOMMENDATION: Detention I I SCS/jmh AO 442I (Rev.5I85) Warrant for Arrest I United States District Court I . I MIDDLE DISTRICT OF FLORIDA I I I . - - TAMPA DIVISION UNITED STATES OF AMERICA . WARRANT FOR ARREST - - SAMI OSMAKAC I CASE - To: The United States Marshal - I and any Authorized United States Officer. YOU ARE HEREBY COMMANDED toIarrest SAMI OSMAKAC and bring him forthwith to the nearest I - magistrate to answer a(nl I I - - Indictment El information Complaint El Order of Court El Violation Notice El Probation Violation Petition . charging him with Attempted Use of a We_apon of Mass Destruction Against Persons and Property_in the u.violation of Title 18,IUnited States Code, Section(s) 2332a(a)(2)(A), and MARK A.I PIZZO UNITED STATES MAGISTRATE JUDGE - Name Title of Judicial Officer Title of Issuing Officer Janua 2012 at I Signature of Issuing Officer Date and Location . (By) Deputy Clerk I -. I I Bail fixed at by . I . Name of Judicial Officer - - This warrant was received and executed with the arrest of the above-named defendant at I I- I . - DATE RECEIVED I NAME AND TITLE OF ARRESTING SIGNATURE OF ARRESTING OFFICER I - OFFICER DATE -or= . I I I packagewpd I I I I AFFIDAVIT IN SUPPORT OF A CRIMINAL COMPLAINT AND ARREST WARRAN I, Christopher B. Johnston, being duly sworn, hereby depose and state as follows:_ - . I. Introduction . _employed as a Special Agent of the Federal Bureau of Investigation (FBI) and have . been so employed since-October of 2009. Currently, I am assigned to the Joint Terrorism . in Task Force at the Tampa FieldIOfiice, Tampa, Florida. My duties with the FBI include, . but are- not limited to, the investigation of alleged violations of Federal criminal statutes involving terrorism, extensiveidocument review and analysis, interviews of witnesses and i subjects, and the execution of federal arrest warrants and search warrants. In my capacity . as a Special Agent, I have received training ia search and seizure, the use of confidential -- human sources, electronic and video surveil1ance,'and investigations involving I . . . . international and domestic terrorism, violent crimes, and various other crimes. am also a . member of the FBI Evidence Response Team and of the FBI in 1 I- Hazardous Materials Response Team. Ihave received significant training in evidence - collection and crime scene processing and have utilized those skills during the execution of i several search warrants. . 2. The facts. set forth in; this affidavit are based upon my personal knowledge, knowledge obtained during my participation in this investigation, knowledge obtained from other law - - enforcement personnel, review of documents related to this investigation, communications . with others who have personal knowledge of the events and circumstances described I . herein, and information gained through training and experience. I-have not included in this - i affidavit every fact known to me in regard to this investigation, but rather only those facts that are sufficient to establish probable cause. 3. I make this affidavit in support of a criminal complaint charging SAMI OSMAKAC with attempted use of weapons of mass destruction, in violation of 18 U.S.C. 23 - . -and As described in detail below, Ilhave probable cause to believe that on or about January 7, 2012, OSMAKAC did knowingly attempt to usena weapon of . - mass destruction, to wit, a destructive device as described in 18 U.S.C. 921 ,?without lawful authority against persons and property located within the United States. This . affidavit is also submitted in support of an arrest warrant for OSMAKAC, - II. Details of Probable Cause - I 4. The defendant, SAMI OSMAKAC, is a year-old man who is a naturalized citizen ofthe United States, born in the former Yugoslavia. The defendant currently lives in Pinellas Park, Florida. The defendant has no known prior felony convictions. I 5. On or about September 28,_2011, the FBI, specifically, the Tampa Field Office in Tampa, I I Florida, received information from a Confidential Human Source (CHS) regarding - OSMAKAC. The CHS known to the FBI prior to this investigation and has provided I - reliable inforrnationin the past. The CHS stated that (ISMAKAC and another individual - . had come into his/her business and asked if the CHS, had any flags representing Al Qaeda.- OSMAKAC then began working for the CHS as a laborer in his/her business. The CHS has been paid for his/her services during the course of this investigation. The CHS an an 5 initially refused to use recording devices during his/her meetings with OSMAKAC, . although later meetings between the two have been recorded by audio and/or video - - devices. 6. On or about November 30, 21111, CSMAKAC met with the CHS, and their conversation . -. n. I was recorded by audio and video devices. The CHS and OSMAKAC drove around the - - Tampa area, discussing na potential violent attack that OSMAKAC wished to execute. - During this meeting, asked the CHS to help him- procure firearms and a belt I . containing explosives for use in the attack.- The CHS then indicated to OSMAKAC that - . U- . s/he knew someone who might be able to provide OSMAKAC the items he wanted, - - including firearms and explosive devices. Unbeknownst to OSMAKAC, the individual m?lcns was discussing is an FBI'undereover employee . . . I Orror about December 19,.2011, OSMAKAC worked at the CHS's store. OSMAKAC I . and the CHS drove to a nearby storage unit the CHS uses for his/her business. \7Vhile - . there, the CHS called the UCE behalf. The CHS placed the call ona cellular phone provided by OSMAKAC. CSMAKAC and the CHS were located within - the State of Florida and the UCE was located outside of the State of Florida when this call . took place. After the CHS spoke to the UCE, and the UCE spoke briefly and agreed to meet in the future to discuss "the.work." Based. on his/her training, experience, I and this investigation, the UCE believed "the work" was a coded reference to E- I OSMAKAC's desire to carry out a violent attack in the Tampa Bay area. 8. On or about_ December 21, 2011, OSMAKAC met ir1 person- with the UCE. The two met alone, and their meeting was recorded by audio and video devices. During the meeting, OSMAKAC told the UCE he wished toacquire "one AK at least," "a couple of Uzis,l' "ten - grenades 1ninimum," and explosives, specifically, explosive "belt" with a -- . multiadirectional blastrange of approximately 15 yards. Based on his/her training, experience, and this investigation, the UCE believed was a reference to an ja gun _and "Uzis"`was a reference to Uzi submachine . 9, OSMAKAB explained, in response to questioning by the UCE, that he wanted the blast of the explosive belt to be circular and not focused in any one direction. QSMATCAC an indicated that he was physically able to carry a 25 pound explosive belt. OSMAKAC also . . lreouested "long?' magazines for the AK-47 and the Uzis. I- Based on his/her training, experience, and this investigation,-the UCE believedlthat "long magazines" was a reference n. to high capacity magazines. -When"discussing the specifications for the explosive belt, the UCE asked OSMAKAC if he was sure "this is what you want]; and OSMAKAC affirmed thatitwasn I . an 10. The told OSMAKAC s/he could sell him one firearm, the Alf-47, multiple i I. magazines but that multiple firearms would be expensive. OSMAKAC stated that the UQE would have to show him how to use everything except the AK-47 because I OSMAKAC did not ?"trust'i his intemet connection, so he could not use his computer to research how to the devices, stated that he could "figure . . . out" howto an use the AK-47. I I 11. or about December 23,.201 1, met in person with the UCE. This meeting was recordedby audio and video devices. During this meeting, OSMAKAC told the UCE . that OSMAKAC access to a warehouse where the UCE could show OSMAKAC how .to use the weapons that OSMAKAC had previously asked the UCE to provide. OSMAKAC also provided the UCE a $500.0.0 down payment on the multiple_ I homemade explosive grenades, and an explosive belt. 12. OSMAKAC also asked the UCE if s/he could build explosives that could be placed in three different vehicles and detonated remotely near the location where OSMAKAC would . conductlan attack using the other weapons he _previously asked for. advised I - OSMAKAC that itlwould be difficult to obtain explosives for three vehicles without I I arousing the suspicion of law enforcement but that s/he could possibly provide` i i . OSMAKAC one set of explosives that could be placed in the trunk of a car. The UCE - explained that the explosive device for the car would be designed so mat it could be an - triggered by using a cellularphone. The UCE later told OSMAKAC the cost would be - . without an explosive device that could be placed in the of na car and with explosives Tor a car. The UCE told OSMAKAC that it would take him/her . I . some time to obtain everything OSMAKAC was asking for. 13. OSMAKAC toldthe UCE that he wanted the explosive belt to be built to kill people, stating that the purpose of the explosive belt was "to hold people and in case they want to i storm whatever I'm trying to do . . . it's for everybody and the people who to storm it." OSMAKAC indicated he was not sure he would be able to enter inside the location of I his planned attack, so he directed that the explosive belt should be built to function . . I I outdoors in an open space rather than in an enclosed space, although OSMAKAC did state I I "if the building flew in, it's . . . more terror in hearts." When asked whether he I I wanted a low or high intensity explosive, OSlVlAKAC_asked which one would cause more I . I damage, "let's say to police,I for instance." When the UCE told OSMAKAC that high I intensity explosives would "rip flesh," OSMAKAC expressed his desire to have hi ghI . intensity explosives in the belt, OSMAKAC asked the UCE to build the belt with marbles I as proj ectiles and agreed- when the UCE asked OSMKAC if b.b. gun pellets would be . I I acceptable instead of marbles. The UCE and OSMAKAC agreed to contact each other I I I again in about a week using cellularphones they were to obtain without using their real _identiticationOrior about January met in person with the UCE. This meeting was - recorded by audio and video devices. During`this`m?eting, OSMAKAC stated `that he . I II I I wanted to carry out his attack "during the night." He stated, want to do something, something terrifying, like one ?day, one night, something?s going to happen, then six hours I later, something else." He described his attack generally by stating that he wanted to get a . hotel room, park the vehicle with the bomb in it atIhis target,. leave the area, detonate the I . bomb in the car, and then "go get the otherstuff from the motel." Based on hisfher I I training, experience, and this investigation, the believedthat the "stufF' OSMAKAC I . was referring to was the AK-47, grenades, and explosive belt that OSMAKAC plarmed to I I I leave in a hotel room. The UCE asked OSMAKAC if he wanted a semi-automatic or I fully-automatic OSMAKAC told him/her, "get_the fully" and also asked the UCE . to obtaina pistol for him. 15.. The UCE and then discussed the location where OSMAKAC wished-to park - the vehicle the explosive device. OSMAKAC stated the location in Tampa, Florida, then directed the UCE to Seventh Avenue in the Ybor City area of Tampa. OSMIAKAC stated he wanted the items he asked for on Thursday because it is "a big gathering. . . night.i' Later, OSMAKAC pointed out two establishments that he described as "real busy." The these two establishments as night . - . clubs in Ybor City, although one of the establishments is currently not open for business. l. I OSMAKAC went on to parking near the locations with the UCE. 'I`he UCE - stated, ou could put it in the parking lot and, and you're not gonna do anything here.? replied, "No, ndjiio; wishedto - park the car on the street directly in front of businesses he hadlindicated located there. . 'When discussing whether the area in Ybor City UCE I I I be busy on -night the uct; delivered the firearm and explosives, OSMAKAC stated, :"If I find out there is-nothing, I khow other places I know a lot of places where it gets real crowded." . 16. The UCE and CSMAKAC discussed how far OSMAKAC needed to be from the vehicle-bome explosive device to avoid being injtued by the blast. The UCE stated that should be at least 400 yards away. OSMAKAC stated, "that's going to do a . lot of damage." The UCE replied, "I'mean, that's how far you wanna be, because I'm, just. to be safe." stated, "No, no, the more, the more the better." He also In I asked if the car bomb would "take down buildings" and "kill people inside." When the I UBE responded in the afiirmative, OSMAKAC stated, "that's. what I'll do." When discussing the "trunk," OSMAKAC stated, "You know, they saying they like 3 trillion in debt, they like 200 trillion in debt, and after all this money they're spending for homeland - security and allthis, this is. gonna be crushing them, this gonna terrify the1n." 17. OSMAKAC explained that the place he wanted to target alter placing the car bomb was I I f'very close" to where he would detonate the car_bomb.i He stated that_ during the second portion of his attack,he -wanted to use the explosive belt to "get in somewhere where there?s allot of people" and take hostages. Then, OSMAKAC stated he wants to- contact . the authorities, specifically, the Federal Bureau of Investigation, "and I want to demand I `soriiethirig . . from {In Arabic, the word kuffar means iniidels or - I disbelievers in Islam.) He continued that alter he took_ hostages, "they better release 1 I whoever I demand to release.? OSMAKAC told the UCE that he believed that the- i detonation of the vehicle bomb before he took hostages would indicate to authorities that . he was "not joking; and would lead to the release of "some'prisoners." - - 18. When discussing "kuffar backup," OSMAKAC stated, "once I have this. . . . they can take me in five-million pieces." As he said the word "this," be seen on video gesturing to his waist. Based on his/her experience, and this investigation, the UCE believed that when OSMAKAC said "this" and gestured to his waist, he was referring - to the explosive device attached to a belt ora vest (ISMAKAC previously asked for. The UCE also believed that OSMAKAC was referring to responding law enforcement officers when he used the term "kuff`ar backup." Further, OSMAKAC indicated that he was also considering parking the vehicle with the explosive device in I front- ofthe Operations Center ofthe Hillsborough County Sheriffs Office, located in Ybor - I City. OSMAKAC asked the UCE, "Will that take down a police station, the Sheriffs building?" After the UCE replied the affirmative, OSMAKAC discussed where the - best place was to park near the Sheriffs Office building. . - 19. The UCE and OSMAKAC also discussed other ideas that OSMAKAC had for conducting attacks. OSMAKAC discussed two specific other ideas-he had. First, he stated, - "Honestly, I would love to go for the people, but their bases are so locked up, I have to do something else." Second, he discussed `a plan to "take down the bridges" across the Tampa Bay area in simultaneous attacks with multiple people, stating will crush the - whole economy . . . this would crush everything, man, they would have no more food - coming in. They would, nobody would have work."- OSMAKAC told the-UCE that this . plan wouldn't work by stating, mean, I made many plans, but there's not enough people.- I even wasted like my energy debating and talking and trying [to] inspire them." 20. When the UCE asked OSMAKAC when he would be ready "to go," OSMAKAC stated, - . "I'?ve been ready, man. manager. we can get this done, Pm ready." The UCE later - n` stated to OSMAKAC that because nothing had been delivered yet, OSMAKAC could still . change his mind. OSMAKAC immediately shook hisnhead in the negative and stated, 2 'fWe all have to die, so why not die the Islamic way?" Later, the UCE told OSMAKAC, I i an "you haven't lived half your life yet, bro;. . . you don-'t want to have kids, take a wife, have . children?" OSMAKAC replied that Allah allows people- to have children in annah. . annah meansparadise in Arabic. -- . 21. During the course of the meeting on January 1, 2012, indicated on multiple I - . occasions that he did not want to meet the UCE again until the UCE was ready to deliver the firearms and explosives OSMAKAC requested. OSMAKAC asked the UCE if . sflie had gotten a cell phone in a fake name; the replied in the affirmative. . I OSMAKAC first requested that the UCE get another cellular phone in a fake name and then accepted when the UCE subsequently offered to let OSMAKAC take the phone s/he . . had. The agreed to get another cellular. phone in a fake name for him/herse1fZ_ The twoldetermined that in the future they would communicate by text message using the cellular phones in fake names and by messages left at the CHS's business. The purpose of these communications would be to decide on a date for delivery. of the firearms and . . explosives OSMAKAC wished to use in his attack. I . 22. On or about January 7, 2012, OSMAKAC and the UCE agreed via text messages and a handwritten note to meet at ahotel in Tampa. OSMAKAC went to the CHS's business, OSMAKAC and CHS drove separately, first to a park and then to a shopping mall . - . parking lot. OSMAKAC parked his vehicle, described as green 1994 Honda Accord, VIl\l . .Number Florida license plate number A747YF, in the shopping . - mall parking lot. OSMAKAC then got into the CHS's car, where QSMAKAC related his belief that he was being followed by law enforcement and asked the CHS to drive him to- . the hotel where the UCE was waiting. The CHS drove OSMAKAC to the agreed-upon - I 10 - . I - I hotcl, droppcd him off ncar thcparking lot of t.hc hotcl, and arca. 23. OSMAKAC UCE in parking lot of hotcl. . OSMAKAC got into U(lE's ychiclc, and twodrovc around Tampa arca. During drivc, OSMAKAC I and stoppcd brictly and-lookcdlat an itcm in truck of -UCE's vchiclc . - that was dcsigncd to a vchiclc-bom improviscd cxplosivc dcvicc (V BIED) wcighing ovcr ll)0 pounds, although itcm was not a functional cxplosivc, nor did `it` contain any cxplosivc matcrial, to OSMAKAC. Thcn, aftcr gctting back in I UCE's vchiclc, OSMAKAC that UCE a vidco cxplaining OSMAKAC's motivcs for a violcnt attack. OSMAKAC informcd UCE that hc had a vidco camcra in his bag that thcy could usc thcy rctumcd to hotcl. 24. OSMAKAC and UCE rctumcd to hotcl room. Aftcr a bricf timc, UCE bcgan showing OSMAKAC itcms s/hc brought, which includcd 511 of thc-itcms OSMAKAC had in prcvious mcctings, spccifically, a fully automatic AK--47, - ammunition and magazincs for AK-47, a pistol, ammrmition and a magazinc for pistol, grcnadcs, and an cxplosivc bclt.-- 'l'hc UCE first to OSMAKAC six itcms that dcsigncd to grcnadcs, although thc-itcms not functional cxplosivcs, to OSMAKAC. ?Thc UCE to OSMAKAC a fully . automatic although fircarm was_not functional, OSMAKAC. I . UCE also ammunition for AK--47, which was incrt, again, . to OSMAKAC. - I . 11 . I 25. The UCE delivered to OSMAKAC what was purportedto be an explosive belt, although I I I the item contained no functional explosives, unbeknownst to OSMAKAC. The UCE I I demonstrated thatItheI belt was designed to be worn around the waist and over the . I I shoulders. ?The UCE delivered to OSMAKAC a pistol, specifically, a .45 caliber Colt I Mark IV, although the firearm was not functional, unbeknownst to OSMAKAC. The I I UCE also delivered ammunition_ for the pistol, which was inert, again, unbeknownst 26. OSMAKAC took the AK-47, held it for a period of time, and inserted an empty magazine. Later, OSMAKAC put on the explosive belt, a vest holding extra magazines for the AK-47, I- . I and a satchelholding six grenades, all the while holding the AK-47 in his hands. I I then removed all of these items and put them in the hotel room. I 27; then directed the UCE to film OSMAKAC using a digital video camera. I I I O5MAKAC first directed the UCE to film OSMAKAC in a brief testvideo to check for I I sound and visual quality. OSNIAKAC then directed the UCE to film a video in which. I OSMAKAC explained his motives for conducting a violent attack. During the video, . I- I . OSMAKAC is seen sitting cross=legged on the floor ofthe hotel room, with the pistol in hisI I I hand and AK-47 displayed behind I The video lasted approximately 8 minutes. I I I In the video, OSMAKAC stated his belief that l\/Iuslims' "blood" was more valuable than I . I that of who do not believe in Islam. Ile also_ stated that heIwanted "pay back" for I I I -- wrongs he felt were done to Muslimsi I - 28. OSMAKAC then leit the hotel without any ofthe items the UCE_delivered to him and took a silver minivan, which provided by the UCE at OSMAK.AC's request; Before he - left, OSMAKAC stated that he intended to park the minivan near intended target for the VBIED to use as a getaway vehicle. OSMAKAC told the UCE that he changed his target - la I from the Ybor City area because there were too many police- officers in that area. OSMAKAC indicated that his target was an Irish bar, whose name he couldlnot remember - an but hendescribed it as playing music all night. OSMAKAC drove to the intersection of S. - Howard Avenue and W. Swann Avenue in the South Tampa area of Tampa, Florida, OSMAKAC parked the silver minivan in a parking lot for a number of businesses, . 2 I including a Starbucks. Your afliant is aware that there is at l_east one-business that can be described as an lrish bar a number of blocks from where OSMAKAC parked the silver minivan. then leit the area on foot and hired a taxi a number of blocks away. . - -.- 29. . OSMAKAC took. the taxi to the shopping mall parking lot where he left his green Honda . Accord. then drove the vehicle back to the hotel where he again met with the n- . . uct; in the hotel room. OSMAKAC putthe pistol in the waistband of his pants. -. I . OSMAKAC and the UCE then went to the parking lot of the hotel. OSMAKAC sat in the - passenger seat of his vehicle, loaded a-magazine into` the pistol, and then put it in the glove - I compartment of the vehicle. I - 30. Honda ikccord was parkcd to UCE's ychiclc. OSMAKAC got into scat of UCE's vchiclc. UCE showcd OSMAKAC howto I "arrn"_ and dctonatc itcm that OSMAKAC bclicvcd was a VBIED.- VBIED was - ii constructcd with a ccllular phono triggcr,?as UCE had previously i discusscd. IQCE thcn- gavc OSMAKAC kcy to hotcl room. two" - itcm that OSMAKAC bclicvcd was a to trunk of U.- vchiclc. OSMAKAC armod VBIED by dctonating dcvicc to what - was dctonating cord` and sct?_thc dctonating dcvicc. - . 31. UCE got into his/hcr vchiclc and drovc away Hom hotcl. OSMAKAC got - . into his vchiclc, startcd car, and placcd it into; Hc was His vchiclc was impoundcd his CONCLUSION I I . - 32. Based upon the above information, probable cause exists to believe that the defendant, - . Sami Osmakac, committed a violation of Title l8,_United States C?ode, Section and on or about January 7, 2012, in that OSMAKAC i did knowingly attempt to use a weapon of mass destruction, to wit, a destructive device as -- described in 18 U.S.C. 921, without lawful authority against persons and property located within the UnitedStates. In consideration of the foregoing, your affiant respectfully an - requests that this court issue a warrant authorizing the arrest of the defendant; . a Further affiant sayeth naughtChristo her B. Johnston, Special Agent - - Federal Bureauof Investigation Swom and subscribed before me - . - . i thisjlp -day ofJanuary 2012 . I . MARK A. Przzo . - . - . . United States Magistrate Judge -