CASE Document 496-1 Filed 05/07/16 Page 1 of 16 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No. 15-49 UNITED STATES or AMERICA, INDICTMENT Plaintiff, (18 use. 8 2) (18 U.S.C. ?956) (18 use. 1001) (18 1621) (18 use. ?2339B(a)(1)) (20 use. 1097(a)) v. 2. MOHAMED FARAH, 4. ABDIRAHMAN YASIN DAUD, and GULED ALI OMAR, Defendants. THE UNITED STATES GRAND JURY CHARGES THAT: I. At all times material to this Indictment: a. On October 15, 2004, the United States Secretary of State designated al-Qa?ida in Iraq then known as Jam?at a1 Tawhid wa?al-Jihad, as a Foreign Terrorist Organization under Section 219 of the Immigration and Nationality Act and as a Specially Designated Global Terrorist entity under section 1(b) of Executive Order 13224. b. On May 15, 2014, the Secretary of State amended the designation of al-Qa?ida in Iraq as a Foreign Terrorist Organization under Section 219 of the Immigration and Nationality Act and as a Specially Designated Global Terrorist entity under section 1(b) of Executive Order 13224 to add the alias Islamic State of Iraq and the Levant as its primary name. The Secretary also added the following aliases to the ISIL listing: the Islamic State of Iraq and al-Sham the Islamic State CASE Document 496-1 Filed 05/07/16 Page 2 of 16 of Iraq and Syria ad-Dawla al-lslamiyya fi al-?Iraq wa-sh-Sham, Daesh, Dawla a1 lslamiya, and Al-Furqan Establishment for Media Production. Although the group has never called itself ?Al-Qaeda in Iraq this name has frequently been used to describe it through its history. To date, ISIL remains a designated FTO. COUNT 1 (Conspiracy to Murder Outside the United States) 2. The grandjury realleges paragraph one of this Indictment and incorporates it by reference as though it was set forth in full at this point. 3. Beginning on or before on or about March 1, 2014, and continuing through on or about April 19, 2015, in the State and District of Minnesota and elsewhere, the defendants, MOHAMED ABDIHAMID FARAH, ABDIRAHMAN YASIN DAUD, and GULED ALI OMAR, willfully conspired, combined, confederated, and agreed with each other, and with others known and unknown to the grand jury, to murder a person or persons outside the United States, and at least one member of the conspiracy committed at least one act within the United States in furtherance of the conspiracy and to effect the object thereof, such acts including, but not being limited to: a. During a time between in or about March of 2014 and on or about May 29, 2014, co-conspirators Abdullahi Yusuf and Abdi Nur (both of whom were later charged in pleadings other than this Indictment), and defendants ABDIMHMAN YASIN DAUD, GULED ALI OMAR, and MOHAMED FARAH, and others CASE Document 496-1 Filed 05/07/16 Page 3 of 16 known and unknown to the grand jury met and discussed ways in which to travel to Syria to join, and ?ght with, ISIL. Defendants And Co-Conspirators Apply For Travel Documents b. On or about April 24, 2014, co-conspirator Adnan Abdihamid Farah applied for a United States Passport. c. On or about April 24, 2014, defendant MOHAMED ABDIHAMID ARAH accompanied co?conspirator Abdullahi Yusuf to the United States Department of State?s Passport Of?ce in downtown Minneapolis, Minnesota, where Abdullahi Yusuf unsuccessfully applied for a United States passport. (1. On or about April 25, 2014, defendant GULED ALI OMAR took co-conspirator Abdullahi Yusuf to a passport of?ce in Bloomington, Minnesota so that co-conspirator Abdullahi Yusuf could apply for a United States passport. However, they found the passport of?ce was closed. e. On or about April 28, 2014, co-conspirator Abdullahi Yusuf successfully applied for a United States passport at the United States Department of State?s Passport Of?ce in downtown Minneapolis, Minnesota. Departures And Attempted Departures In The First Half Of 2014. f. Between on or about May 24, 2014, and on or about May 28, 2014, just ahead of co-conspirator Abdullahi Yusuf?s contemplated departure, defendant ABDIRAHMAN YASIN DAUD and co-conspirator Abdi Nur provided co-conspirator Abdullahi Yusuf with an email account and two telephone numbers to use inside Turkey to contact members of ISIL. CASE Document 496-1 Filed 05/07/16 Page 4 of 16 g. On or about May 24, 2014, an unindicted co-conspirator rented a Toyota Camry automobile. h. On or about May 28, 2014, co?conspirator Abdi Nur drove co?conspirator Abdullahi Yusuf to a Blue Line light rail station. i. On or about May 28, 2014, co-conspirator Abdullahi Yusuf attempted to fly from Minneapolis Saint Paul, Minnesota to Moscow, Russia, with a ?nal destination of Syria, with the purpose of joining, and ?ghting with, ISIL. j. On or about May 29, 2014, co?conspirator Abdi Nur flew from Minneapolis Saint Paul, Minnesota to Istanbul, Turkey, with a ?nal destination of Syria, with the purpose of joining, and ?ghting with, ISIL. k. At a time within the dates charged in this Indictment, but not precisely known to the grand jury, defendant ABDIRAHMAN YASIN DAUD downloaded a particular app to his telephone which defendant ABDIRAHMAN YASIN DAUD believed could not be surveilled by federal law enforcement, in order to communicate securely with his co?conspirators about the conspiracy. Cominued Preparations For Travel To Syria To Join, And Fight With, ISIL 1. On or about August 29, 2014, defendants GULED ALI OMAR, ABDIRHAHMAN YASIN DAUD, and MOHAMED ABDIHAMID FARAH, and co-conspirators Adnan Abdihamid Farah, Abdullahi Yusuf, Hanad Mustofe Musse, and Zacharia Yusuf Abdurahman participated in a session of paintball intended to serve as training in preparation for combat. CASE Document 496-1 Filed 05/07/16 Page 5 of 16 111. On or about October 16, 2014, defendant ABDIRAHMAN YASIN DAUD and co-conspirator Adnan Abdihamid Farah communicated via social media with ?Antar,? a self-described member of ISIL located in Syria, who provided information to members of the conspiracy about how best to travel to Syria in order tojoin, and ?ght with, ISIL. n. On or about October 20, 2014, defendants GULED ALI OMAR, ABDIRAHMAN YASIN DAUD, and MOHAMED ABDIHAMID FARAH, and co-conSpirators Adnan Abdihamid Farah, Abdullahi Yusuf, Hanad Mustofe Musse, and Zachariah Yusuf Abdurahman (all charged in pleadings separate from this Indictment), and others known and unknown to the grand jury, met to discuss routes, methods, and the timing of leaving the United States to join ISIL. Opening Bank Accounts, And Depositing Funds Into Those Accounts 0. On or about October 20, 2014, co?conSpirator Zacharia Yusuf Abdurahman opened a bank account, into which be deposited, between on or about October 20, 2014, and on or about November 6, 2014, more than $1,800. p. On or about November 3, 2014, co-conspirator Hanad Mustofe Musse opened a bank account into which he deposited, between on or about November 3, 2014, and on or about November 6, 2014, more than $1,500. q. On or about November 6, 2014, defendant MOHAMED ABDIHAMID FARAH opened a bank account, into which he deposited, also on or about November 6, 2014, more than $1,100. CASE Document 496-1 Filed 05/07/16 Page 6 of 16 r. On or about November 6, 2014, co-conspirator Hamza Naj Ahmed Opened a bank account, into which he deposited, also on or about November 6, 2014, more than $1,500. Attempted Travel To Syria From John F. Kennedy International Airport, New York, New York 3. On or about November 6, 2014, defendant MOHAMED ABDIHAMID ARAH purchased a bus ticket to travel from Minneapolis, Minnesota, to New York, New York. t. On or about November 6, 2014, co-conspirator Hamza Naj Ahmed purchased a bus ticket to travel from Minneapolis, Minnesota to New York, New York. 1.1. On or about November 6, 2014, co-conspirator Zacharia Yusuf Abdurahman purchased a bus ticket to travel from Minneapolis, Minnesota to New York, New York. v. On or about November 6, 2014, co?conspirator Hanad Mustofe Musse purchased a bus ticket to travel from Minneapolis, Minnesota to New York, New York. w. On or about November 8, 2014, co-conspirator Hanad Mustofe Musse lied to agents of the Federal Bureau of Investigation about the purpose of his and his co-conspirators? planned overseas travel in early November of 2014. x. On or about November 14, 2014, co-conspirator Zacharia Yusuf Abdurahman lied to agents of the Federal Bureau of Investigation about the purpose of his and his co-conspirators? planned overseas travel in early November of 2014. Planning To Reach Syria Via Mexico CASE Document 496-1 Filed 05/07/16 Page 7 of 16 y. On or about March 30, 2015, co?conspirator Adnan Abdihamid Farah gave a photograph to an FBI Con?dential Human Source intending to create a false passport for co?conSpirator Adnan Abdihamid Farah. 2. On or about March 30, 2015, defendant ABDIRAHMAN YASIN DAUD gave photographs of himself, defendant MOHAMED ABDIHAMID FARAH, and co-conspirator Adnan Abdihamid Farah to an FBI CHS, intending them to be used to create false passports for defendants ABDIRAHMAN YASIN DAUD, MOHAMED ABDIHAMID ARAH, and co?conspirator Adnan Abdihamid Farah. aa. On or about March 30, 2015, defendant MOHAMED ABDIHAMID FARAH gave a photograph to an FBI CHS, intending it to be used to create a false passport for defendant MOHAMED ABDIHAMID FARAH. bb. On or about April 3, 2015, defendant ABDIRAHMAN YASIN DAUD gave one hundred dollars to an FBI CHS as a down payment to create a false passport for defendant ABDIRAHMAN YASIN DAUD. cc. On or about April 3, 2015, co-conspirator Adnan Abdihamid Farah gave one hundred dollars to an FBI CI-IS as a down payment to create a false passport for co?conspirator Adrian Abdihamid Farah. dd. On or about April 9, 2015, co-conspirator Zacharia Yusuf Abdurahman gave one hundred dollars to an FBI CHS on behalf of defendant MOHAMED ABDIHAMID FARAH, as a down payment to create a false passport for defendant MOHAMED ABDIHAMID FARAH. CASE Document 496-1 Filed 05/07/16 Page 8 of 16 ee. On or about April 17, 2015, defendant ABDIRAHMAN YASIN DAUD communicated with a member of ISIL inside Syria who provided defendant ABDIRAHMAN YASIN DAUD advice on how best to travel within Turkey so as to be able to reach the Turkey-Syria border without interference from Turkish law enforcement. ff. On or about April 19, 2015, in San Diego, California, defendant ABDIRAHMAN YASIN DAUD took possession, from an undercover employee of the FBI, of a false passport containing defendant ABDIRAHMAN YASIN photograph, but in the name of another person. gg. On or about April 19, 2015, in San Diego. California, defendant MOHAMED ABDIHAMID FARAH took possession, from an undercover employee of the FBI, of a false passport containing defendant MOHAMED ABDIHAMID photograph, but in the name of another person. All in violation of Title 18, United States Code, Section 956(a) and Section 2. COUNT 2 (Conspiracy to Provide Material Support to a Designated Foreign Terrorist Organization) 4. The grand jury realleges paragraph one of this Indictment and incorporates it by reference as though it was set forth in full at this point. 5. Beginning on or before March 1, 2014, and continuing through on or about April 19, 2015, within the State and District of Minnesota, and elsewhere, the defendants. MOHAMED ABDIHAMID FARAH, ABDIRAHMAN YASIN DAUD, and GULED ALI OMAR CASE Document 496-1 Filed 05/07/16 Page 9 of 16 together, and with others known and unknown to the grand jury, knowingly did combine, conspire, confederate, and agree together and with each other to provide ?material support or resources,? as that term is defined in Title 18, United States Code, Section 2339A(b), including personnel, to a foreign terrorist organization, namely, the Islamic State of Iraq and the Levant which at all relevant times was designated by the Secretary of State as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act, knowing that ISIL was a designated foreign terrorist organization (as de?ned in Title 18, United States Code, Section 23398(g)(6)), that ISIL engages and has engaged in terrorist activity (as de?ned in section 212(a)(3)(B) of the INA), and that ISIL engages and has engaged in terrorism (as de?ned in section l40(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). All in violation of Title 18, United States Code, Section 2339B(a)( Ml}. (Attempting to Provide Material Support to a Designated Foreign Terrorist Organization) 6. The grand jury realleges paragraph one of this Indictment and incorporates it by reference as though it was set forth in full at this point. 7. On or about May 24, 2014, within the State and District of Minnesota, and elsewhere, the defendant, GULED ALI OMAR, while aiding and abetting others known and unknown, and being aided and abetted by others known and unknown, did knowingly attempt to provide ?material support and resources,? as that term is defined in Title 18, United States Code, Section 2339A(b), 9 CASE Document 496-1 Filed 05/07/16 Page 10 of 16 including personnel, to a foreign terrorist organization, namely, the Islamic State of Iraq and the Levant which at all relevant times was designated by the Secretary of State as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act, knowing that ISIL was a designated foreign terrorist organization (as defined in Title 18, United States Code, Section 2339B(g)(6)), that ISIL engages and has engaged in terrorist activity (as defined in section 212(a)(3)(B) of the INA), and that ISIL engages and has engaged in terrorism (as de?ned in section l40(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). All in violation of Title 18, United States Code, Section 2339B(a)(l) and Section 2. COUNT 4 (Attempting to Provide Material Support to a Designated Foreign Terrorist Organization) 8. The grand jury realleges paragraph one of this Indictment and incorporates it by reference as though it was set forth in full at this point. 9. On or about November 6, 2014, within the State and District of Minnesota, and elsewhere, the defendant, GULED ALI OMAR, while aiding and abetting others known and unknown, and being aided and abetted by others known and unknown, did knowingly attempt to provide ?material support and resources," as that term is de?ned in Title 18. United States Code, Section 2339A(b), including personnel, to a foreign terrorist organization, namely, the Islamic State of Iraq and the Levant which at all relevant times was designated by the Secretary of State as a foreign terrorist organization pursuant to Section 219 of the Immigration and 10 CASE Document 496-1 Filed 05/07/16 Page 11 of 16 Nationality Act, knowing that ISIL was a designated foreign terrorist organization (as de?ned in Title 18, United States Code, Section 2339B(g)(6)), that ISIL engages and has engaged in terrorist activity (as de?ned in section 212(a)(3)(B) of the INA), and that ISIL engages and has engaged in terrorism (as de?ned in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). All in violation of Title 18, United States Code, Section 23393(a)(l) and Section 2. COUNT 5 (Attempting to Provide Material Support to a Designated Foreign Terrorist Organization) 10. The grandjury realleges paragraph one of this Indictment and incorporates it by reference as though it was set forth in full at this point. 11. On or about November 6, 2014, within the State and District of Minnesota, and elsewhere, the defendant, MOHAMED ABDIHAMID FARAH, while aiding and abetting others known and unknown, and being aided and abetted by others known and unknown, did knowingly attempt to provide ?material support and resources,? as that term is de?ned in Title 18, United States Code, Section 2339A(b), including personnel, to a foreign terrorist organization, namely, the Islamic State of Iraq and the Levant which at all relevant times was designated by the Secretary of State as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act, knowing that ISIL was a designated foreign terrorist organization (as de?ned in Title 13, United States Code, Section 2339B(g)(6)), that ISIL engages and has engaged in terrorist activity (as de?ned in section 212(a)(3)(B) of the INA), and that ISIL ll CASE Document 496-1 Filed 05/07/16 Page 12 of 16 engages and has engaged in terrorism (as de?ned in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). All in violation ofTitle 18, United States Code, Section 23393(a)(1) and Section 2. (Attempting to Provide Material Support to a Designated Foreign Terrorist Organization) 12. The grand jury realleges paragraph one of this indictment and incorporates it by reference as though it was set forth in full at this point. 13. On or about April 17, 2015, within the State and District of Minnesota, and elsewhere, the defendants, MOHAMED ABDIHAMID FARAH, and ABDIRAHMAN YASIN DAUD, while aiding and abetting each other and others known and unknown, and being aided and abetted by each other and others known and unknown, did knowingly attempt to provide "material support and resources,? as that term is de?ned in Title 18, United States Code, Section 2339A(b), including personnel, to a foreign terrorist organization, namely, the Islamic State of Iraq and the Levant which at all relevant times was designated by the Secretary of State as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act, knowing that ISIL was a designated foreign terrorist organization (as de?ned in Title 18, United States Code, Section 23393(g)(6)), that ISIL engages and has engaged in terrorist activity (as de?ned in section 212(a)(3)(B) of the INA), and that ISIL engages and has engaged in terrorism (as de?ned in section 14D(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). 12 CASE Document 496-1 Filed 05/07/16 Page 13 of 16 All in violation ofTitle 18, United States Code, Section 2339B(a)(1) and Section 2. (Perjury) 20. The grandjury realleges paragraph one of this Indictment and incorporates it by reference as though it was set forth in full at this point. 21. On or about September 22, 2014, in the State and District of Minnesota, the defendant, MOHAMED ABDIHAMID FARAH, having taken an oath administered by the foreperson of the grand jury to testify truthfully when called as a witness in the grand jury?s investigation into allegations of the provision of material support to did knowingly, willfully, and contrary to his oath give false testimony about a material fact when the defendant, in response to the question ?[w]hat was the nature of your last communication with Abdi Nor?? responded ?[y]ou want to hang out and go play ball?? and upon next being asked the question ?[a]fter that time in early May you haven?t seen him or talked to him since?? replied ?no? when in fact, as the defendant then and there well knew, this answer was false, in that, at various times throughout May of 2014, the defendant did speak with co?conspirator Abdi Nur about his plan to travel to Syria to join, and ?ght with, ISIL. All in violation ofTitle 18, United States Code, Section 1621, 13 CASE Document 496-1 Filed 05/07/16 Page 14 of 16 COUNT 8 (Perjury) 22. The grand jury realleges paragraph one of this Indictment and incorporates it by reference as though it was set forth in full at this point. 23. On or about January 22, 2015, in the State and District of Minnesota, the defendant, ABDIRAHMAN YASIN DAUD, having taken an oath administered by the foreperson of the grand jury to testify truthfully when called as a witness in the grand jury?s investigation into allegations of the provision of material support to ISIL, did knowingly, willfully, and contrary to his oath give false testimony about a material fact, when the defendant, upon being asked the question "Do you know anyone who?s still in town but wants to go or has talked about going?? responded nobody does that, sir? when in fact, as the defendant then and there well knew, this answer was false, in that, throughout 2014, the defendant had multiple conversations with one or more co?conspirators in the District of Minnesota who were still present ?in town? (the Twin Cities) at the time of defendant ABDIRAHMAN YASIN grand jury testimony and in those conversations defendant ABDIRAHMAN YASIN DAUD and one or more co-conspirators discussed and planned travel to Syria to join, and fight with, ISIL. All in violation of Title 18, United States Code, Section 1621. 14 CASE Document 496-1 Filed 05/07/16 Page 15 of 16 COUNT 9 (False Statement) 26. The grand jury realleges paragraph one of this and incurporates it by reference as though it was set forth in full at this point. 27. On or about January 21, 2015, within the State and District of Minnesota, and elsewhere, in a matter within the jurisdiction of the Federal Bureau of Investigation an agency of the United States, and in an offense involving international terrorism, the defendant, MOHAMED ABDIHAMID FARAH, did knowingly and willfully make a false, fraudulent, and ?ctitious material statement and representation to agents of the FBI, in violation of Title 18, United States Code, Section 1001(a)(2), that is, the defendant stated (1) that in November of 2014 he had been vacationing alone, and (2) that in November of 2014 he had been traveling from Minneapolis to Bulgaria and Greece for vacation, when in fact, defendant MOHAMED ABDIHAMID FARAH was traveling with co?conspirators Hamza Naj Ahmed, Zacharia Yusuf Abdurahman and Hanad Mustofe Musse to Syria tojoin, and ?ght with, ISIL. All in violation of Title 18, United States Code, Section 1001. COUNT 10 (Attempted Financial Aid Fraud) 28. The grand jury realleges paragraph one of this Indictment and incorporates it by reference as though it was set forth in full at this point. 29. On or about May 24, 2014, within the State and District ofMinnesota, and elsewhere, the defendant, 15 CASE Document 496-1 Filed 05/07/16 Page 16 of 16 GULED ALI OMAR, did knowingly and willfully attempt to misapply, obtain by fraud, false statement, and forgery, and fail to refund $5,000 in funds, assets, and property provided and insured under subchapter IV of Chapter 28 of United States Code Title 20 and part of subchapter I of chapter 34 of United States Code Title 42, in that defendant GULED ALI OMAR attempted to use $5,000 of federal ?nancial aid to fund travel to Turkey. All in violation of Title 20, United States Code, Section 1097(a). A TRUE BILL UNITED STATES ATTORNEY FOREPERSON 16