North Country Gazette



Staged Albany Terrorism Plot Convictions Upheld

Posted on Wednesday, 2 of July , 2008 at 8:31 pm

ALBANY—The Second Circuit Court of Appeals has unanimously upheld the convictions of two Muslim immigrants who were found guilty in October 2006 following trial of aiding a fictitious terrorism plot that was part of an FBI sting operation.

 

Imam Yassin Aref, 38, and Mohammed Hossain, 53, the imam and pizzeria owner, are each serving 15 years in a federal prison for money laundering, conspiracy and attempting to provide material support and resources to a terrorist organization.

 

Aref had reportedly been the target of an FBI sting operation investigating an alleged terrorist plot, a fictitious plot to sell a shoulder-fired missile to terrorists who were supposedly targeting a Pakistani diplomat.

 

The three judge panel affirmed the convictions and said that the men had received a fair trial and turned back claims of entrapment.  Aref’s attorney Terence Kindlon of Albany said that he would file a motion to reargue the case before the federal appeals court and if that fails, would proceed to the U.S. Supreme Court.

 

The appeals panel turned back a challenge to the secret classified documents, upholding the government right to keep the information classified, it urged district courts to “avoid sealing documents in their entirety unless necessary to serve a compelling governmental interest such as national security.”

 

Hossain, a Bangladesh immigrant, is the founding member of Masiid As-Salam, the mosque where Aref had served as the spiritual leader since 2000.

After a month-long trial during the fall of 2006, an Albany jury found Aref guilty of 20 of the 30 counts against him.  Hossain was convicted of each of the 27 counts in which he was charged.

The indictment charged Aref and Hossain with agreeing to conduct financial transactions which were intended to conceal the source of cash which they believed to have come from the sale of a surface to air missile to terrorist group JEM for use in an imminent terror attack in New York. Evidence presented at trial showed that, during the summer of 2003, a cooperating witness offered to assist Hossain in obtaining a fraudulent New York State driver’s permit for his brother. As the relationship began to develop, Hossain began discussing politics and his view that the September 11th attacks were justified.

Hossain, the owner of several rental properties in Albany, asked the CW for a loan to refurbish his rental properties. Soon thereafter, at the direction of the FBI, the CW set up a proactive undercover money laundering operation. During a videotaped meeting on November 20, 2003, the CW showed Hossain a shoulder fired surface to air missile that the CW claimed to have smuggled into the U.S. through his import/export business.

 

The CW also said that the missile was used by the Mujahid brothers to shoot down airplanes. Hossain reacted by telling the CW, “Good money can be made from this . . .but it’s not legal.” Hossain also warned the CW that “walls have ears” and to be wary of the FBI. Hossain also continued to press the CW for money. In a subsequent conversation, the CW proposed that Hossain launder $50,000 — the CW’s purported payment for importing the missile — through his business. Hossain agreed, but insisted on having Aref serve as witness and guarantor to the transactions.

Hossain and Aref met with the CW on Dec. 10, 2003, when the CW again outlined the proposal. The first money laundering transaction took place on Jan. 2, 2004, and continued through August 2004. When the CW told Aref he was working with Jaish-e-Mohammed, Aref recognized it as a terrorist organization, and warned the CW, “they classificate that organization with the group which they call the terrorist group,” and further warned, that if they find a person has a link to such an organization, “they take them to the jail and they say they support the what, the terrorism.” Aref and Hossain were warned once again on Feb. 12, 2004 not to go to New York because the missile would soon be used in an attack there.   7-2-08

http://www.ca2.uscourts.gov:8080/

 

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Category: Constitution, Courts, Crime, Government, New York State

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