Ten Members And Associates Of The Gambino Crime Family Arrested In Coordinated U.S.-Italian Takedown: Defendants Charged In Brooklyn Federal Court With Racketeering Conspiracy Involving Violent Extortions, Assaults, Arson, And Union-Related Crimes

The U.S. Attorney’s Office, Eastern District of New York released the below information:

A 16-count indictment was unsealed today in federal court in Brooklyn charging 10 defendants with racketeering conspiracy, extortion, witness retaliation, and union-related crimes committed in an attempt to dominate the New York carting and demolition industries. All ten defendants are in custody and are scheduled to be arraigned this afternoon before United States Magistrate Judge Ramon E. Reyes, Jr.  In connection with the arrests, federal authorities executed search warrants, one of which resulted in the seizure of multiple firearms from an associate of the Gambino crime Family. 

In a coordinated operation, Italian law enforcement today arrested six organized crime members and associates who are charged with, among other crimes, mafia association and connected criminal offenses. One individual remains at large.

The defendants are Joseph Lanni, also known as “Joe Brooklyn” and “Mommino,” an alleged captain in the Gambino organized crime family, Diego “Danny” Tantillo, Angelo Gradilone, also known as “Fifi,” and James LaForte, alleged Gambino soldiers, Vito Rappa, alleged U.S.-based Sicilian Mafia member and Gambino associate, Francesco Vicari, also known as “Uncle Ciccio,” alleged U.S.-based Sicilian Mafia associate and Gambino associate, and Salvatore DiLorenzo, Robert Brooke, Kyle Johnson, also known as “Twin,” and Vincent Minsquero, also known as “Vinny Slick,” alleged Gambino associates. 

Breon Peace, United States Attorney for the Eastern District of New York, James Smith, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Jonathan Mellone, Special Agent-in-Charge, Northeast Region, U.S. Department of Labor, Office of Inspector General (DOL-OIG), Edward A. Caban, Commissioner, New York City Police Department (NYPD), and Elizabeth Crotty, Commissioner and Chair, New York City Business Integrity Commission (BIC), announced the charges.

“As alleged, for years, the defendants committed violent extortions, assaults, arson, witness retaliation and other crimes in an attempt to dominate the New York carting and demolition industries,” stated United States Attorney Breon Peace.  “Today’s arrests reflect the commitment of this Office and our law enforcement partners, both here and abroad, to keep our communities safe by the complete dismantling of organized crime.” 

Mr. Peace expressed his appreciation to the New York Waterfront Commission, the Office’s law enforcement partners in Italy, including the Prosecutor of Palermo, the Polizia di Stato, the Servizio Centrale Operativo, and the Squadra Mobile of Palermo.

“These defendants learned the hard way that the FBI is united with our law enforcement locally and internationally in our efforts to eradicate the insidious organized crime threat.  Those arrested are alleged to have taken part in a racketeering conspiracy in an attempt to control the carting and demolition industries in the city.  The FBI will continue to lead the fight against organized crime and ensure that individuals willing to cross the line face punishment in the criminal justice system” stated FBI Assistant Director-in-Charge Smith.

“Today’s arrests should serve as a warning to others who believe they can operate in plain sight with apparent impunity – the NYPD and our law enforcement partners exist to shatter that notion,” stated NYPD Commissioner Edward A. Caban. “And we will continue to take down members of traditional organized crime wherever they may operate.”

“An important part of the mission of the Office of Inspector General is to investigate allegations of fraud involving labor unions and their affiliated employee benefit plans. We will continue to work with our law enforcement partners to investigate these types of allegations,” said DOL-OIG Special Agent-in Charge Jonathan Mellone.

“Investigating these matters is at the heart of BIC’s mission to ensure the industries under our regulation do not pose a risk to public safety. These arrests demonstrate that the influence of organized crime will never go unchecked,” stated BIC Commissioner and Chair Elizabeth Crotty.  “BIC thanks the NYPD, FBI, EDNY, and our other agency partners for their collaboration and excellent work on this case.”

As alleged in the government’s court filings and summarized below, members and associates of the Gambino crime family used violent extortions, fraud, theft and embezzlement schemes to infiltrate the carting and demolition industries to enrich themselves and the Gambino crime family, including by laundering criminal proceeds.  For example, in the midst of a financial dispute between Tantillo and the owners of Demolition Company 1, Tantillo and Johnson coordinated a violent hammer assault on the dispatcher for Demolition Company 1, which left the dispatcher bleeding and seriously injured.   

Extortions Related to the Carting and Demolition Industries

Tantillo, Rappa, Vicari and Johnson engaged in a violent extortion conspiracy relating to the demand and receipt of money from John Doe 1, who operated a carting business in the New York City area.  The extortion scheme involved threatening John Doe 1 with a bat, setting fire to the steps to John Doe 1’s residence, attempting to damage John Doe 1’s carting trucks, and violently assaulting an associate of John Doe 1.   In addition, Tantillo and Vicari were captured on judicially-authorized wiretaps discussing threats they made to John Doe 1 and John Doe 1’s father-in-law.  On one call, Rappa stated that Vicari “acted like the ‘Last of the Samurai,” describing how Vicari picked up a knife and directed John Doe 1’s father-in-law to threaten to cut John Doe 1 in half in order to get John Doe 1 to make extortionate payments.  After John Doe 1 ultimately made a payment of $4,000 to Vicari, Vicari and Rappa met and sent Tantillo a photo of Vicari raising a small champagne bottle, as in a toast.

In addition, Tantillo, Brooke and Johnson engaged in two separate violent extortion schemes of Demolition Company 1 and its owners over purported debts owed to Tantillo and a company operated by Tantillo and Brooke.   Brooke violently assaulted one of the owners on a street corner in midtown Manhattan.  In another instance, as mentioned, Tantillo and Johnson coordinated a violent hammer assault on a dispatcher at Demolition Company 1, which left the dispatcher bleeding and seriously injured.  Pictures of the victim dispatcher were then circulated to various people in the carting and demolition industries. 

Frauds and Union-Related Crimes in the Carting and Demolition Industries

The defendants also committed a series of crimes to steal and embezzle from unions and employee benefit plans and rigged bids in the demolition and carting industries.  As part of one such scheme, DiLorenzo provided Rappa with a “no-show” job at DiLorenzo’s demolition company so that Rappa could receive paychecks and union health benefits, among other benefits.  Similarly, Tantillo arranged for Gradilone to receive a “no-show” job at a construction company with which Tantillo was associated, which enabled Gradilone to receive paychecks and union health benefits to which he was not entitled.  Tantillo and Johnson also conspired to secure a “no-show” job for Johnson, so that Johnson could similarly receive union health benefits.

Tantillo also embezzled from employee benefit plans by using laborers from a non-union company, Gane Services, Inc., to perform work for union companies operated by Tantillo, and failing to make contributions for such work as required by collective bargaining agreements.

In addition, Tantillo, DiLorenzo and their co-conspirators conspired to rig bids for lucrative demolition contracts in New York City.  Among other things, Tantillo and DiLorenzo coordinated that their companies exchange bidding information to secure a project on Fifth Avenue. 

Additional Charged Schemes

The defendants also perpetrated a series of other crimes throughout the New York and New Jersey areas from 2017 through 2023.  Their pattern of racketeering activity included additional extortions, retaliating against a federal witness, and money laundering, among other crimes, as detailed in court documents.  For example, in September 2023, Lanni and Minsquero coordinated an assault on proprietors of a restaurant in New Jersey, including physically assaulting a woman at knifepoint.  In addition, LaForte, having previously been convicted of a felony, illegally possessed a firearm in or about May 2023. 

The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.  The defendants variously face maximum sentences between 20 and 180 years’ imprisonment. 

 The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorneys Matthew R. Galeotti, Anna L. Karamigios, and Andrew M. Roddin are in charge of the prosecution, with assistance from Paralegal Specialist Emme Moosher.

The Defendants:

JOSEPH LANNI (also known as “Joe Brooklyn” and “Mommino”)
Age:  52
Staten Island, New York

DIEGO TANTILLO (also known as “Danny” and “Daniel”)
Age:  48
Freehold, New Jersey

ROBERT BROOKE
Age:  55
New York, New York

SALVATORE DILORENZO
Age:  66
Oceanside, New York

ANGELO GRADILONE (also known as “Fifi”)
Age:  57
Staten Island, New York

KYLE JOHNSON (also known as “Twin”)
Age:  46
Bronx, New York

JAMES LAFORTE (also known as “Jimmy”)
Age:  46
New York, New York

VINCENT MINSQUERO (also known as “Vinny Slick”)
Age:  36
Staten Island, New York

VITO RAPPA (also known as “Vi”)
Age:  46
East Brunswick, New Jersey

FRANCESCO VICARI (also known as “Frank” and “Uncle Ciccio”)
Age:  46
Elmont, New York

E.D.N.Y. Docket No. 23-CR-443 

Former Taliban Commander Charged With Killing American Troops in 2008: Haji Najibullah, Previously Charged In The 2008 Kidnapping Of An American Journalist, Was Also Indicted For 2008 Attacks On U.S. Servicemembers In Afghanistan

 The U.S. Justice Department released the below information: 

A federal grand jury in New York unsealed a superseding indictment charging an Afghanistan national with federal terrorism-related offenses spanning approximately 2007 to 2009 and stemming from his role as a Taliban commander in Afghanistan. 

According to court documents, Haji Najibullah, aka Najibullah Naim, Abu Tayeb, Atiqullah and Nesar Ahmad Mohammad, 45, of Afghanistan, was previously charged with crimes related to the 2008 kidnapping of an American journalist and two Afghan nationals. In addition to those charges, the superseding indictment charges Najibullah with attacks on U.S. troops conducted by Najibullah and the Taliban fighters under his command, including a June 26, 2008, attack on an American military convoy that killed three U.S. Army servicemembers – Sergeants First Class Matthew L. Hilton and Joseph A. McKay, and Sergeant Mark Palmateer – and their Afghan interpreter, as well as an Oct. 27, 2008, attack that resulted in the shooting down of a U.S. military helicopter. In October 2020, Najibullah was arrested and extradited from Ukraine to the United States where he remains in federal custody. 

“Najibullah, who allegedly served as a Taliban commander in 2007 and 2008, is charged with numerous terrorism offenses relating to attacks against the U.S. military in Afghanistan, including an attack that killed three U.S. servicemembers, and others relating to taking an American journalist hostage in Afghanistan,” said Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division. “He will now be held accountable in an American courtroom. The National Security Division and our partners are committed to identifying and holding accountable those who target and harm Americans anywhere in the world. I want to thank the agents, analysts, and prosecutors who are responsible for this case.” 

“As alleged, during one of the most dangerous periods of the conflict in Afghanistan, Haji Najibullah led a vicious band of Taliban insurgents who terrorized part of Afghanistan and attacked U.S. troops,” said U.S. Attorney Audrey Strauss for the Southern District of New York. 

“One of these lethal attacks resulted in the deaths of three brave American servicemembers and their Afghan interpreter, and another attack brought down a U.S. helicopter. Najibullah also arranged to kidnap at gunpoint an American journalist and two other men and held them hostage for more than seven months. Neither time nor distance can weaken our resolve to hold terrorists accountable for their crimes and to see justice done for their victims. Thanks to the outstanding work of our law enforcement partners, Najibullah will answer for his heinous acts in an American courtroom.”      

According to court documents, as of in or about 2007, Najibullah was the Taliban commander responsible for the Jaghato district in Afghanistan’s Wardak Province, which borders Kabul. In this role, Najibullah commanded more than a thousand fighters, at times acted as a spokesperson for the Taliban, and reported to senior leadership in the Taliban. During that time, Najibullah and the Taliban fighters under his command conducted attacks intended to kill and which did kill American and NATO troops and their Afghan allies, using automatic weapons, improvised explosive devices (IEDs), rocket-propelled grenades (RPGs), and other anti-tank weapons, including an attack that destroyed an Afghan Border Patrol outpost in or about September 2008. 

On or about June 26, 2008, Taliban fighters under Najibullah’s command attacked a U.S. military convoy in the vicinity of Sayed Abad, Wardak Province, Afghanistan, with IEDs, RPGs, and automatic weapons, killing three U.S. Army servicemembers, Sergeants First Class Matthew L. Hilton and Joseph A. McKay, and Sergeant Mark Palmateer, and their Afghan interpreter.

On or about Oct. 27, 2008, Taliban fighters under Najibullah’s command shot down a U.S. military helicopter using RPGs in the vicinity of Sayed Abad, Wardak Province, Afghanistan. 

The Taliban subsequently claimed responsibility for downing the helicopter, asserting that it was “shot down [by] the mujahideen of the Islamic Emirate.” The Taliban also falsely claimed that “[a]ll those onboard were killed,” when, in fact, no troops died as a result of the attack.

On or about Nov. 10, 2008, Najibullah and his co-conspirators, armed with machineguns, kidnapped an American journalist (Victim-1) and two Afghan nationals who were assisting Victim-1 (Victim-2 and Victim-3) at gunpoint in Afghanistan.

Approximately five days later, on or about Nov. 15, 2008, Najibullah and his co-conspirators forced the three hostages to hike across the border from Afghanistan to Pakistan, where Najibullah and his co-conspirators detained the hostages. For the next seven months, Najibullah and his co-conspirators held the hostages captive in Pakistan. 

During their captivity, Najibullah and his co-conspirators forced the victims to make numerous calls and videos seeking help. For example, on or about Nov. 19, 2008, while in Pakistan, Najibullah and a co-conspirator (CC-1) directed Victim-1 to call his wife in New York. In one of the videos, Victim-1 – the American journalist – was forced to beg for his life while a guard pointed a machinegun at Victim-1’s face.      

Najibullah is charged with conspiring to provide material support for acts of terrorism resulting in death; providing material support for acts of terrorism resulting in death; conspiring to murder U.S. nationals; murdering U.S. nationals Hilton, McKay, and Palmateer; murdering officers and employees of the United States, and a person assisting them in their duties, by killing Hilton, McKay, Palmateer, and their interpreter; attempting to murder officers and employees of the United States; conspiring to destroy U.S. military aircraft; destroying a U.S. military aircraft; conspiring to use weapons of mass destruction; conspiring to take hostages; hostage-taking; conspiring to commit kidnapping; and kidnapping. 

Counts one through five and nine through 13 each carry a maximum penalty of life in prison. Counts six through eight each carry a maximum sentence of 20 years’ imprisonment. Count five also carries a mandatory minimum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

The the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD, is investigating the case. Valuable assistance was provided by the New York and New Jersey Port Authority Police and the Department of Defense, as well as the Ukrainian authorities and the Justice Department’s Office of International Affairs, which assisted in the arrest and extradition of the defendant.  

Assistant U.S. Attorneys Sam Adelsberg, David W. Denton Jr., and Jessica K. Fender of the Southern District of New York are prosecuting the case, with valuable assistance provided by Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section. 

U.S. Army Soldier Arrested For Attempting To Assist ISIS To Conduct Deadly Ambush On U.S. Troops

 The US Justice Department released the below information: 

The Justice Department, along with the New York City Police Department (NYPD) and U.S. Army Counterintelligence, announced today the arrest of a private first class in the U.S. Army, on federal terrorism charges based on Bridges’ alleged efforts to assist ISIS to attack and kill U.S. soldiers in the Middle East. 

Cole James Bridges, aka Cole Gonzales, 20, of Stowe, Ohio, was charged by complaint with attempting to provide material support to a designated foreign terrorist organization and attempting to murder U.S. military service members.  The FBI and U.S. Army Counterintelligence arrested Bridges today, and he will be presented later today in the U.S. District Court for the Southern District of Georgia. 

“Bridges is charged with giving military advice and guidance on how to kill fellow soldiers to individuals he thought were part of ISIS,” said Assistant Attorney General for National Security John C. Demers.  “This alleged personal and professional betrayal of comrades and country is terrible to contemplate, but fortunately, the FBI was able to identify the threat posed by Bridges, and today's charges are the first step in holding him accountable for his crimes.  ISIS ideology continues to infect those who would threaten the nation's security from within and without, and we will continue to fight this threat.” 

“As alleged, Cole Bridges betrayed the oath he swore to defend the United States by attempting to provide ISIS with tactical military advice to ambush and kill his fellow service members,” said Acting U.S. Attorney for the Southern District of New York Audrey Strauss.  “Our troops risk their lives for our country, but they should never face such peril at the hands of one of their own.  Today, thanks to the efforts of the agents and detectives of the JTTF, and our partners in the Department of Defense, Bridges is in custody and facing federal terrorism charges for his alleged crimes.” 

“As we allege today, Bridges, a private in the U.S. Army, betrayed our country and his unit when he plotted with someone he believed was an ISIS sympathizer to help ISIS attack and kill U.S. soldiers in the Middle East,” said FBI Assistant Director in Charge of the New York Office William F. Sweeney Jr.  “Fortunately, the person with whom he communicated was an FBI employee, and we were able to prevent his evil desires from coming to fruition.  Bridges could have chosen a life of honorable service, but instead he traded it for the possibility of life in prison.  This case should serve as a reminder that the FBI’s New York JTTF will never quit in its commitment to protect our Nation from all those who seek to do it harm.” 

“Army Counterintelligence’s top priority is protecting the force so it can remain committed to fighting and winning our nation’s wars,” said Army Counterintelligence Coordinating Authority Director Roy T. Cochran.  “The results of this investigation show the efforts of Army Counterintelligence agents working alongside our partners in the FBI.  We are dedicated to protecting our soldiers, civilians, and families from terrorist acts and insider threats.” 

According to the criminal complaint charging Bridges, which was unsealed today in Manhattan federal court: 

Bridges joined the U.S. Army in approximately September 2019 and was assigned as a cavalry scout in the 3rd Infantry Division based in Fort Stewart, Georgia.  Beginning in at least 2019, Bridges began researching and consuming online propaganda promoting jihadists and their violent ideology.  Bridges also expressed his support for the Islamic State of Iraq and al-Sham (ISIS) and jihad on social media.  In or about October 2020, Bridges began communicating with an FBI online covert employee (the “OCE”), who was posing as an ISIS supporter in contact with ISIS fighters in the Middle East.  During these communications, Bridges expressed his frustration with the U.S. military and his desire to aid ISIS.  Bridges then provided training and guidance to purported ISIS fighters who were planning attacks, including advice about potential targets in New York City, such as the 9/11 Memorial.  Bridges also provided the OCE with portions of a U.S. Army training manual and guidance about military combat tactics, for use by ISIS. 

In or about December 2020, Bridges began to supply the OCE with instructions for the purported ISIS fighters on how to attack U.S. forces in the Middle East.  Among other things, Bridges diagrammed specific military maneuvers intended to help ISIS fighters maximize the lethality of attacks on U.S. troops.  Bridges further provided advice about the best way to fortify an ISIS encampment to repel an attack by U.S. Special Forces, including by wiring certain buildings with explosives to kill the U.S. troops.  Then, in January 2021, Bridges provided the OCE with a video of himself in body armor standing before a flag often used by ISIS fighters and making a gesture symbolic of support for ISIS.  Approximately a week later, Bridges sent a second video in which Bridges, using a voice manipulator, narrated a propaganda speech in support of the anticipated ambush by ISIS on U.S. troops. 

Bridges is charged in the complaint with (1) attempting to provide material support to ISIS, in violation of 18 U.S.C. § 2339B, which carries a maximum sentence of 20 years in prison; and (2) attempting to murder U.S. military service members, in violation of 18 U.S.C. § 1114, which carries a maximum sentence of 20 years in prison.  The statutory penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge. 

The Justice Department praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force (JTTF), which consists of agents and analysts from the FBI, the NYPD, and over 50 other federal, state, and local agencies, U.S. Army Counterintelligence, the FBI Washington Field Office, the FBI Atlanta Field Office and its Savannah Resident Agency, the FBI Cleveland Field Office, the FBI’s Counterterrorism Division, the U.S. Attorney’s Office for the Southern District of Georgia, the Air Force Office of Special Investigations, U.S. Army Criminal Investigation Command, and the U.S. Army 3rd Infantry Division. 

This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant U.S. Attorneys Sam Adelsberg, Matthew Hellman, and Sidhardha Kamaraju are in charge of the prosecution, with assistance from Trial Attorneys Michael Dittoe and Lauren Goddard of the Counterterrorism Section of the Department of Justice’s National Security Division.

Leader And Members Of Luchese Cosa Nostra Organized Crime Family Sentenced To Life In Prison For Murder, Racketeering, And Other Crimes

The U.S. Attorney’s Office Southern District of New York released the below information:

Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that MATTHEW MADONNA, the Acting Boss of the Luchese Family, CHRISTOPHER LONDONIO, a soldier in the Luchese Family, and TERRENCE CALDWELL, an associate of the Luchese Family, were sentenced today to life in prison following their conviction for the 2013 murder of Michael Meldish, conspiracy to commit racketeering, and other felonies.  A jury convicted MADONNA, LONDONIO, CALDWELL, and Steven L. Crea, the Underboss of the Luchese Family, on November 15, 2019, following a six-week trial before U.S. District Judge Cathy Seibel, who also imposed today’s sentences.  CREA will be sentenced at a later date.[1] 

Acting U.S. Attorney Audrey Strauss said:  “Matty Madonna, Christopher Londonio, and Terrence Caldwell – respectively, the Acting Boss, a soldier, and an associate of the Luchese Family – were responsible for the execution-style murder of Michael Meldish seven years ago.  Madonna ordered it, Londonio set it up, and Caldwell pulled the trigger.  Now all three have been sentenced to serve the rest of their lives in federal prison.  Thanks to the outstanding investigative work of the FBI and NYPD, we continue our commitment to render La Cosa Nostra a thing of the past.”

According to the evidence presented at trial, and other court documents:

Until his arrest in this case, MADONNA was the Acting Boss of the Luchese Family of La Cosa Nostra, one of the “Five Families” that constitute the Mafia in the New York City area.  In 2013, MADONNA became displeased with Michael Meldish, a longtime organized crime associate who had refused to collect debts owed to MADONNA.  MADONNA ordered Meldish killed.  Acting under the orders of MADONNA and Crea, LONDONIO helped set up Meldish – a personal friend of LONDONIO’s – to be killed, and acted as the getaway driver for the murder.  CALDWELL carried out MADONNA’s and Crea’s orders to kill Meldish.  CALDWELL met Meldish and drove with him to a Bronx neighborhood to meet LONDONIO.  As Meldish got out of his car, CALDWELL shot him once in the head, killing him instantly.  CALDWELL then drove off with LONDONIO.  For their participation in the Meldish murder, MADONNA, LONDONIO, and CALDWELL were each convicted at trial of conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, and use of a firearm in furtherance of murder in aid of racketeering.

In addition, MADONNA, 84, of the Bronx, New York, LONDONIO, 45, of Hartsdale, New York, and CALDWELL, 61, of New York, New York, were also convicted of racketeering conspiracy; CALDWELL was convicted of attempted murder in aid of racketeering and discharging a firearm in furtherance of attempted murder in aid of racketeering arising out of his May 29, 2013, ambush of a member of the rival Bonanno Family in Manhattan; and LONDONIO was convicted of conspiracy to distribute narcotics.

Ms. Strauss praised the outstanding investigative work of the Federal Bureau of Investigation, the New York City Police Department, Homeland Security Investigations, the Waterfront Commission of New York Harbor, and the U.S. Bureau of Prisons.

The case is being handled by the Office’s White Plains Division.  Assistant United States Attorneys Hagan Scotten, Celia V. Cohen, and Alexandra N. Rothman, were in charge of the trial and sentencings.

Serpico: My Washington Times 'On Crime' Column: A Look Back At Former NYPD Detective Frank Serpico

The Washington Times ran my On Crime column on Frank Serpico.

You can read the column via the below link or via the below text: 

https://www.washingtontimes.com/news/2020/jan/6/a-look-back-at-former-nypd-detective-frank-serpico/

Monday, January 6, 2020 - For many, the patron saint of whistleblowers is Frank Serpico, the former NYPD detective who reported police corruption in the late 1960s and early 1970s. 

Frank Serpico was profiled in a documentary film in 2017 and he was made world-famous as the subject of Sidney Lumet’s film, “Serpico,” which starred Al Pacino as the whistleblowing cop. The film was based on Peter Maas’ 1973 true crime book, “Serpico.”

 

“Serpico — this apparent hippie, womanizer, hedonist — had dared to do the unheard-of, the unpardonable, in police circles,” Maas wrote in his book. “Having solemnly sworn to uphold the law, he elected to do just that, to enforce it against everybody — and not, in the grand tradition of even the personally honest policeman, against everybody except other cops. He would not go along with the graft, the bribes, the shakedowns, and he refused to look the other way.

 

“With that decision, Serpico became unique. He was the first officer in the history of the Police Department who not only reported corruption in its ranks, but voluntarily, on his own, stepped forward to testify about it in court.”

 

Because of his reports and testimony, the New York mayor set up the Knapp Commission, which investigated police corruption. Frank Serpico was then ostracized by many of his fellow officers and his life was threatened. He was later shot in the face by a drug dealer during a raid and he retired from the NYPD due to his injuries.

 

I asked Frank Serpico how accurate the book and film were.

 

“The book was very accurate, but it left out a few things for whatever reason and the film was accurate according to the corruption,” Frank Serpico told me. “But there were a couple of scenes where the director and actor took license.

 

“I was told that Al Pacino was more me than I was, but he over-acted, like the scene where he was up against the wall showing his shield and saying, I’m a cop, I’m a cop. Certain scenes I found embarrassing.”

 

Did he believe that he had been set up by other cops when he was shot in the face?

 

“No, I never intimated that, but that is a good question. Where was my 10-13? (Call for Officer Needs Assistance). I was left there bleeding to death and they never called a 10-13. When I got out of the hospital I went to Internal Affairs and demanded to see the report. The call was a signal 10-10, (Investigate Shots Fired), which came from a civilian.

 

“I had the perp covered and I had my snub-nosed pointed in his stomach and my hand and shoulder jammed in the door. I turned to the cops I was with and asked them what the hell they were waiting for? I turned back and I was hit. I returned fire, hitting the perpetrator.”

 

He said he was left bleeding to death on the tenement floor until patrol officers drive him to the hospital.

 

Frank Serpico continues to speak out against police corruption. He said many cops come up to him and say that the film inspired them to become police officers. He is gratified that his story inspires good officers and that is his legacy. The culture that permeates corruption hasn’t changed, he said, but there are good cops out there who have taken up the torch.

 

“I don’t believe in the term ‘crooked cop,’ there is no such thing,” he said. “You are either a cop or you’re a crook. They are crooks in police uniforms. Some of these guys are cowards and hide behind the police shield and they call honest cops like me oddballs. Police corruption does not occur in a vacuum. It needs to be fertile ground for criminal-minded seedlings to take root. The myth that the department corrupts these innocent, civic-minded individuals is bogus. You must have larceny in your heart to begin with.

 

“You don’t become a cop to become rich,” Frank Serpico said. “You become a cop to serve the public.”

 

Although I don’t agree with Frank Serpico on some broader issues, I believe that he had and has the courage of his convictions.

 

• Paul Davis’ On Crime column covers true crime, crime fiction and thrillers.

The NYPD Must Let Out The Truth About An Unsolved Cop-Killing

I've interviewed Randy Jurgensen (seen in the above photo), a legendary New York City detective, actor, film maker and author of Circle of Six: The True Story of New York's Most Notorious Cop Killer and the Cop Who Risked Everything to Catch Him, and I've read his interesting and informative book. 

So I was most interested in reading his piece in the New York Daily News on the unsolved murder of an NYPD officer, the subject of Circle of Six.

Forty-six years ago today, an NYPD cop named Phillip Cardillo (seen in the below photo) was gunned down inside a Nation of Islam mosque in Harlem. No one ever served a day in jail for the crime. And for 46 years, the NYPD has been withholding evidence in his murder case from the public. It’s time they come clean.

I’m not the only one leveling that charge. Decades ago, a special prosecutor found that there had been “a concerted and orchestrated effort” by members of the NYPD to impede the Cardillo murder investigation, including withholding a secret report on the case — the so-called Blue Book — from the department’s own investigators.

In March, the watchdog group Judicial Watch sued the NYPD in a New York courtroom for failing to produce records in the case. The NYPD won’t release investigative files, a promised report and an audio tape, preposterously claiming an investigation is still “active and ongoing.”

Why would the NYPD cover up evidence in a cop killing?

It pains me to criticize law enforcement. I’ve been a loyal member of the NYPD, active and retired, for almost 60 years. I was a pretty good detective. I helped send five cop- killers to jail — a record, I think. But it’s the one that got away that haunts me.

The climate in the early 1970s, when this terrible crime happened, was awful. Terrorists with groups like the Black Liberation Army, the FALN, the Weather Underground and the Black Panthers were killing cops and bombing civilians. Illegal drugs and murders were through the roof.

The day Cardillo was gunned down, on April 14, 1972, I was at the mosque where it happened . Cardillo and his partner had responded to an emergency “10-13” call. A 10-13 is every cop’s worst nightmare: officer in distress. The 10-13 caller said he was “Detective Thomas” and he was trapped on the second floor of an address that turned out to be the mosque.

It turned out “Detective Thomas” was a fake.

You can read the rest of the piece via the below link: 

http://www.nydailynews.com/opinion/nypd-truth-unsolved-cop-killing-article-1.3932675

You can purchase Randy Jurgensen's Circle of Six via the below link:

https://www.amazon.com/Circle-Six-Notorious-Killer-Everything/dp/1932857850 

Chelsea Bomber Ahmad Khan Rahimi Sentenced To Life In Prison For Executing September 2016 Bombing And Attempted Bombing In New York City

Ahmad Khan Rahimi, aka, Ahmad Rahami, 30, of Elizabeth, New Jersey, was sentenced to life in prison for his execution and attempted execution of bombings in New York City on Sept. 17, 2016.

Acting Assistant Attorney General for National Security Edward C. O’Callaghan, U.S. Attorney Geoffrey S. Berman for the Southern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office and Commissioner James P. O’Neill of the NYPD made the announcement.

“Today our legal system delivered on its promise to provide swift and resolute justice to those who would target innocent victims by perpetrating terrorist attacks against our homeland,” said Acting Assistant Attorney General O’Callaghan.  “I commend all of the agents, analysts and prosecutors whose commitment and dedication made this result possible.”

“Inspired by ISIS and al Qaeda, Ahmad Khan Rahimi planted and detonated bombs on the streets of Chelsea, and in New Jersey, intending to kill and maim as many innocent people as possible,” said U.S. Attorney Berman.  “Less than a year-and-a-half after his attacks, Rahimi has now been tried, convicted, and sentenced to life in prison.  Rahimi’s conviction and sentencing are victories for New York City and our nation in the fight against terror.”

“Today’s sentencing assures us that Ahmad Khan Rahimi will spend the rest of his life behind bars.  Once again, the lesson learned is clear: if you plot to cause catastrophic damage against this city and our citizens, you will be held accountable,” said Assistant Director Sweeney.  “I would like to thank the FBI Joint Terrorism Task Forces here in New York and New Jersey, along with many other law enforcement partners, who moved with speed in this investigation and who work every day to protect Americans from acts of terror.  I would also like to express my gratitude to the public who remained engaged throughout this investigation.  That partnership and the public's continued cooperation are crucial to ensuring we stay ahead of threats, and enhance law enforcement's response following attacks like this.”

“Rahimi attempted to wreak havoc in the Chelsea neighborhood of New York City.  He failed,” said Commissioner O’Neill.  “Committing terrorism may seem, from the darkest places of the internet and espoused in propaganda, as a higher calling.  It is not. Today’s sentencing — of life in prison — should be the strongest deterrent to future acts of terror.  My thanks to the police officers from the 13th precinct, NYPD detectives, investigators on the Joint Terrorism Task Force, and prosecutors here in Manhattan for making today’s sentencing possible.”

Rahimi was convicted on Oct. 16, 2017, following a two-week jury trial before U.S. District Judge Richard M. Berman, who also imposed today’s sentence.

According to the Complaint, the Indictment, other filings in Manhattan federal court, evidence at trial, and statements made in court proceedings:

On Sept. 17, 2016, Rahimi transported two improvised explosive devices from New Jersey to New York, New York.  Rahimi placed one of the devices in the vicinity of 135 West 23rd Street in the Chelsea neighborhood of New York, New York (the 23rd Street Bomb) and the other in the vicinity of 131 West 27th Street in the Chelsea neighborhood of New York, New York (the 27th Street Bomb).

At approximately 8:30 p.m., the 23rd Street Bomb – containing a high explosive main charge and thousands of ball bearings – detonated, causing injuries to over 30 people and hundreds of thousands of dollars in property damage across a 650-foot crime scene.  The injuries included, among other things, lacerations to the face, abdomen, legs, and arms caused by flying glass; metal shrapnel and fragmentation embedded in skin and bone; and various head injuries.  The explosive components appear to have been placed inside a pressure cooker and left near a dumpster.  The explosion propelled a more-than-100-pound dumpster – which was introduced as an exhibit at trial – more than 120 feet.  The blast shattered windows as far as approximately 400 feet from the blast site and, vertically, more than three stories high. 

Shortly after the 23rd Street Bomb detonated, a civilian identified the 27th Street Bomb and promptly called 911, which recorded call was introduced in evidence and played at trial.  The 27th Street Bomb, which was rendered safe prior to detonation, consisted of, among other things, a pressure cooker connected with wires to a cellular telephone (likely to function as a timer) and packaged with an explosive main charge, ball bearings, and steel nuts.

Earlier that day, at approximately 9:35 a.m. on Sept. 17, 2016, another improvised explosive device, which had been planted by Rahimi in the early morning hours, detonated in the vicinity of Seaside Park, New Jersey, along the route for the Seaside Semper Five Marine Corps Charity 5K race.  The start of the race – which was scheduled to begin at 9:00 a.m. – was delayed.  Had the race started on time, the bomb would have detonated as runners were passing by where Rahimi had planted it.

On Sept. 18, 2016, at approximately 8:40 p.m., six additional improvised explosive devices that Rahimi also planted were found inside a backpack located at the entrance to the New Jersey Transit station in Elizabeth, New Jersey.  One of these devices detonated as law enforcement used a robot to defuse it.

On September 19, 2016, at approximately 9:30 a.m., Rahimi was arrested by police in Linden, New Jersey.  Rahimi fired multiple shots at police, striking and injuring multiple police officers before he was himself shot, subdued, and placed under arrest.  In the course of Rahimi’s arrest, a handwritten journal was recovered from Rahimi’s person.  Written in the journal were, among other things, mentions of explosive devices (including “The sounds of bombs will be heard in the streets” and “Bombs set off in the streets they plan to run a mile”),  and laudatory references to Usama Bin Laden, the former leader of al Qaeda, Anwar al-Awlaki, a former senior leader of al Qaeda in the Arabian Peninsula, Mohammed al-Adnani, a former senior leader of the Islamic State in Iraq and al Sham, and Nidal Hasan, who shot and killed 13 people in Foot Hood, Texas.

*                *                *

In addition to the prison term, Rahimi was sentenced to five years of supervised release and ordered to pay $562,803 in restitution.

In addition to the charges for which he was sentenced in Manhattan federal court, Rahimi also has been charged in a Complaint in the District of New Jersey with offenses in connection with his alleged efforts to detonate explosives in Seaside Park, New Jersey, and Elizabeth, New Jersey.

Mr. O’Callaghan and Mr. Berman praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department.

Assistant U.S. Attorneys Emil J. Bove III, Andrew J. DeFilippis, and Shawn G. Crowley are in charge of the prosecution, with assistance from Trial Attorney Brian Morgan of the National Security Division’s Counterterrorism Section.

Sayfullo Saipov Charged With Terrorism And Murder In Aid Of Racketeering In Connection With Lower Manhattan Truck Attack

The U.S. Justice Department released the below information:

Today, a grand jury returned a twenty-two count Indictment against Sayfullo Habibullaevic Saipovm, 29, of Paterson, New Jersey, in connection with Saipov’s alleged terrorist attack in lower Manhattan on Oct. 31, which killed eight people and injured twelve more.

Attorney General Jeff Sessions, Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney Joon H. Kim for the Southern District of New York, Assistant Director in Charge William F. Sweeney Jr., of the FBI’s New York Field Office and Commissioner James P. O’Neill of the NYPD made the announcement.

The Indictment charges Saipov with eight counts of murder in aid of racketeering, twelve counts of attempted murder in aid of racketeering, one count of providing and attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS) and one count of violence and destruction of a motor vehicle resulting in death.  This case has been assigned to U.S. District Judge Vernon S. Broderick.

Saipov was initially arrested on a Complaint and presented before the Honorable Barbara Moses on Nov. 1.  He was ordered detained and has been in federal custody since his arrest.

 “As alleged in this indictment, Sayfullo Saipov murdered eight innocent people and injured many more in a calculated act of terrorism in the heart of one of our great cities,” said Attorney General Sessions.   “People have a right to safety walking down a sidewalk or riding a bike, and we will not change our resolve to confront these threats both at home and abroad.   I am especially proud today of the law enforcement officers who acted quickly and courageously to respond and to protect people from further harm.  We continue to offer our assistance, our support and our prayers to the victims of this attack and to all the people of New York City.”

“Consumed by hate and a twisted ideology, Sayfullo Saipov allegedly barreled down a pedestrian walkway and bicycle path on a sunny afternoon on the West Side of Manhattan, killing eight innocent people and injuring at least a dozen others,” said Acting U.S. Attorney Kim.  “As the scores of videos and images on his cellphone showed, Saipov’s depraved use of a rental truck as a weapon of terror was allegedly in support of the terrorist organization ISIS.  As of today, Saipov stands indicted of material support of terrorism, as well as eight counts of murder and 12 counts of attempted murder in aid of racketeering.  Like many terrorists before him, Saipov will now face justice in an American court.  And like New York City’s response to his alleged attack, we expect that justice in this case will be swift, firm, and resolute.”

“When Sayfullo Saipov carried out his brutal attack last month, his intentions were to inflict significant damage, death and injury to innocent victims and terrorize this city,” said Assistant Director in Charge Sweeney.  “We announce today’s indictment with the understanding that nothing can ever reverse the unfortunate events of that day, or alleviate the pain and sorrow of the victims’ families.  Today’s indictment should be a signal though that the rule of law will always prevail and we are dedicated to holding this perpetrator and anyone else who threatens to disrupt our most basic freedoms accountable for their criminal actions.”

As alleged in the Indictment and the Complaint:

Islamic State of Iraq and Al-Sham

ISIS is a foreign terrorist organization based in the Middle East and Africa whose publicly stated purpose is the establishment of an Islamic state or caliphate based in the Middle East and Africa that encompasses all Muslims worldwide.  ISIS has pursued its objective through, among other things, indiscriminate killing and deliberate targeting of civilians, mass executions and extrajudicial killings, persecution of individuals and communities on the basis of their religion, nationality, or ethnicity, kidnapping of civilians, forced displacement of Shia communities and minority groups, killing and maiming of children, rape and other forms of sexual violence.   ISIS has recruited thousands of foreign fighters from across the globe to assist with its efforts to expand its so-called caliphate in Iraq, Syria and other locations in Africa and the Middle East and has leveraged technology to spread its violent extremist ideology and for incitement to commit terrorist acts around the world.

ISIS, including its leadership, membership and associates, constitutes an “enterprise,” as that term is defined in Title 18, United States Code, Section 1959(b)(2) — that is, a group of individuals associated in fact, although not a legal entity, which is engaged in, and the activities of which affect, interstate and foreign commerce.  ISIS members and associates make and have made public statements and issued public declarations, which, among other things: (i) proclaimed and acknowledged acts of violence had been committed by ISIS; (ii) threatened future acts of violence if ISIS’s demands were not met; and (iii) were intended to promote and foster the prestige and standing of ISIS.

ISIS has specifically distributed propaganda designed to encourage ISIS followers to commit acts of violence using vehicles as weapons.  For example, the July 2016 issue of Dabiq, ISIS’s then-official magazine, praised the “brother” who answered “the Islamic State’s calls to target nations participating in the Crusader coalition fighting the Caliphate” by “killing more than 80 people and injuring more than 300 others” with a truck in an attack that occurred in Nice, France on or about July 14, 2016.  In September 2016, ISIS changed the name of its official magazine from Dabiq to Rumiyah.  In November 2016, ISIS released Rumiyah, Issue 3, which has an article titled “Just Terror Tactics,” which again focused on a vehicle attack as a primary attack weapon with a secondary attack using a knife or gun to maximize death and terror.  

The Oct. 31, Truck Attack

On Oct. 31, at approximately 3:00 p.m., Saipov drove a rented flatbed truck (the “Truck”) from New Jersey over the George Washington Bridge into New York City.  After Saipov entered New York City, he proceeded in the Truck to the West Side Highway and began traveling southbound. Once Saipov was in the vicinity of Houston Street in Manhattan, he drove the Truck onto the bike lane and pedestrian walkway of the West Side Highway.  Saipov then drove down the walkway for several blocks, striking numerous civilians.  Saipov eventually collided with a school bus, which was carrying occupants in the vicinity of West Street and Chambers Street, at which point the Truck came to a halt.

After Saipov collided with the school bus, he exited the driver’s door of the Truck with two objects in his hands that appeared to be firearms.  Moments after Saipov got out of the Truck, he yelled, in substance and in part, “Allahu Akbar,” which is an Arabic phrase that translates to “God is Great.”

Saipov was shot by a law enforcement officer and taken into custody.  Law enforcement officers subsequently recovered in the vicinity of the Truck, among other things, a paintball gun, a pellet gun, a stun gun and three knives.  Law enforcement officers also recovered, approximately ten feet from the driver’s door of the Truck, a document that contained, among other things, the Arabic text for “No God but God and Muhammad is his Prophet” and “Islamic Supplication.  It will endure.”  “It will endure” is commonly used to refer to ISIS. Cellphones recovered from the Truck contained, among other things, videos and images of ISIS propaganda and internet searches for truck rentals and for Halloween in New York City.

After Saipov was taken into custody, he was transferred to Bellevue Hospital, where he made statements to law enforcement officers after waiving his Miranda rights.  During that interview, Saipov stated, among other things, the following:

Saipov was inspired to carry out the Truck attack by ISIS videos he had watched on his cellular phone.

Approximately one year ago, Saipov began planning an attack in the United States. Approximately two months ago, he decided to use a truck to inflict maximum damage against civilians.  On or about Oct. 22, Saipov rented a truck so he could practice making turns in advance of his attack.

Saipov planned to use the Truck to strike pedestrians in the vicinity of the West Side Highway and then proceed to the Brooklyn Bridge to continue to strike pedestrians.  Saipov wanted to kill as many people as he could.  Saipov chose Oct. 31, Halloween, for the attack because he believed there would be more civilians on the street for the holiday.

Saipov wanted to display ISIS flags in the front and back of the Truck during the attack, but decided against it because he did not want to draw attention to himself.  Saipov requested to display ISIS’s flag in his hospital room and stated that he felt good about what he had done.

Eight individuals died from the injuries they sustained as a result of the Truck driving on the walkway and at least twelve additional individuals were injured.

*                      *                      *

Saipov was initially arrested by the NYPD on Oct. 31.  The defendant is charged with:

Counts 1-8: Murder in Aid of Racketeering with a maximum sentence of life imprisonment or death on each count.

Counts 9-20: Attempted Murder in Aid of Racketeering with a maximum sentence of 10 years’ imprisonment on each count.

Count 21: Providing and Attempting to Provide Material Support to a Designated Foreign Terrorist Organization Resulting in Death with a maximum sentence of life imprisonment.

Count 22: Violence and Destruction of Motor Vehicles Resulting in Death with a maximum sentence of life imprisonment or death.

The charges contained in the Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Attorney General Sessions, Mr. Boente, and Mr. Kim praised the outstanding investigative efforts of the FBI, the NYPD and the Department of Homeland Security Homeland Security Investigations (HSI).  Saipov’s arrest is the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York, the FBI’s Joint Terrorism Task Force — which consists of law enforcement officers of the FBI, NYPD, HSI and other agencies — and the U.S. Department of Justice’s National Security Division.  Attorney General Sessions, Mr. Boente, and Mr. Kim also thanked the U.S. Department of Justice’s Organized Crime and Gang Section, Office of Enforcement Operations and Capital Case Section for their exceptional assistance.

The case is being prosecuted by Assistant U.S. Attorneys Andrew D. Beaty, Amanda Houle and Matthew Laroche of the Southern District of New York, and Trial Attorney Rebecca Magnone of the National Security Division’s Counterterrorism Section.

Charges Unsealed Against Three Men For Plotting To Carry Out Terrorist Attacks In New York City For ISIS In The Summer Of 2016

The U.S. Justice Department released the below information:

Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney Joon H. Kim for the Southern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office, Assistant Director in Charge Danny Kennedy of the FBI’s Los Angeles Field Office, Special Agent in Charge Calvin A. Shivers of the FBI’s Denver Field Office and Commissioner James P. O’Neill of the NYPD, announced the Court’s unsealing of federal terrorism charges against three men alleged to have plotted attacks on New York City during the summer of 2016 in support of the Islamic State of Iraq and al-Sham (ISIS), which were thwarted by law enforcement.  All three men have been arrested, and one has pleaded guilty.

The defendants are: Abdulrahman El Bahnasawy, a 19-year-old Canadian citizen; Talha Haroon, a 19-year-old U.S. citizen residing in Pakistan; and Russell Salic, a 37-year-old Philippine citizen.  

Communicating through Internet messaging applications, these three men allegedly plotted to conduct bombings and shootings in heavily populated areas of New York City during the Islamic holy month of Ramadhan in 2016, all in the name of ISIS (the NYC Attacks).  El Bahnasawy purchased bomb-making materials and helped secure a cabin within driving distance of New York City to use for building the explosive devices and staging the NYC Attacks.  Haroon allegedly made plans to travel from Pakistan to New York City to join El Bahnasawy in carrying out the attacks, and traveled within Pakistan to meet with explosives experts in furtherance of the plot.  And as El Bahnasawy and Haroon prepared to execute the NYC Attacks, Salic allegedly wired money from the Philippines to the United States to help fund the terrorist operation.

The planned attacks included detonating bombs in Times Square and the New York City subway system and shooting civilians at specific concert venues.

Law enforcement – the FBI and the NYPD – successfully thwarted this terrorist plot.  An undercover FBI agent (the UC) convinced the defendants that the UC was an ISIS supporter prepared to carry out the attacks with them.

El Bahnasawy, who has been in custody since he was arrested by the FBI in May 2016, pleaded guilty to terrorism offenses and is awaiting sentencing.

Haroon and Salic have been arrested in foreign countries by foreign authorities in connection with these charges and it is the hope and expectation of this Office and U.S. law enforcement that they will be extradited to the United States to face justice in a United States court.

On May 21, 2016, El Bahnasawy was arrested in New Jersey, after traveling to the United States from Canada in preparation for carrying out the NYC Attacks.  Haroon was arrested in Pakistan in or about September 2016, and Salic was arrested in the Philippines in or about April 2017.  El Bahnasawy pleaded guilty on Oct. 13, 2016, to a seven-count Superseding Information before U.S. District Judge Richard M. Berman.  Today, the Court unsealed the Superseding Information and El Bahnasawy’s guilty plea, as well as the Complaint and Indictment previously filed against El Bahnasawy.[1]  The Court also unsealed today the five-count Complaint charging Talha Haroon (the Haroon Complaint), and the seven-count Complaint charging Russell Salic (the Salic Complaint), based on their alleged participation with EL Bahnasawy in the plot to carry out the NYC Attacks.

According to the allegations in the Haroon Complaint and the Salic Complaint[2]; the Complaint, Indictment, and Superseding Information filed against El Bahnasawy; and the transcript of El Bahnasawy’s guilty plea[3]:

In the spring of 2016, El Bahnasawy and Haroon were plotting to carry out terrorist attacks in New York City in support of ISIS during the Islamic holy month of Ramadhan (which ran from approximately June 5 to July 5 in 2016).  In the course of their preparations, El Bahnasawy and Haroon communicated, via electronic messaging applications accessible on cellphones, with a certain individual posing as an ISIS supporter who was, unbeknownst to them, the UC.

El Bahnasawy and Haroon declared their allegiance to ISIS in electronic communications with the UC, and expressed their intention of carrying out Paris- and Brussels-like terrorist attacks on behalf of ISIS in New York City.  El Bahnasawy explained to the UC that he was in contact with an ISIS affiliate about obtaining official sanction of the planned attacks by the Khorasan Province, a branch of ISIS active in Pakistan.  Haroon, who was based in Pakistan and was introduced to the UC by El Bahnasawy, informed the UC that he was in contact with ISIS associates within the Khorasan Province, and that “khurasan dawla [ISIS] has o[u]r back.”  El Bahnasawy stated to the UC that “[t]hese Americans need an attack,” that he aspired to “create the next 9/11,” and that he planned to “com[e] to new York at around may 22” from Canada.  Haroon stated that he intended to fly from Pakistan to New York City to carry out the NYC Attacks with El Bahnasawy, and hoped to “cause great destruction to the filthy kuffars[4] by our hands.”[5]

El Bahnasawy and Haroon identified multiple locations and events in and around New York City as targets of the planned attacks, including the New York City subway system, Times Square, and certain concert venues.  For example, on May 1, 2016, El Bahnasawy sent the UC multiple images of maps of the New York City subway system containing markings that depicted plans for attacking the subway system, including by identifying the subway lines in which explosives would be detonated as part of the NYC Attacks.  On May 12, 2016, El Bahnasawy sent the UC an image of Times Square and stated:  “[W]e seriously need a car bomb at times square. . Look at these crowds of people!”  That same day, El Bahnasawy also expressed his desire to “shoot up concerts cuz they kill a lot of people.”  El Bahnasawy described the plan to attack concerts as follows:  “[W]e just walk in with guns in our hands.  That’s how the Paris guys did it.”

On May 5, 2016, Haroon expressed to the UC that the subway was a “perfect” target, that they should shoot as many passengers on the train as possible, including “women or kids,” and that “when we run out of bullets we let the vests go off.”  That same day, Haroon discussed with the UC the necessary supplies for making explosive devices for use in the NYC Attacks.  On May 9, 2016, Haroon stated to the UC:  “NY Needs to fall.  It’s a must.”   

During May 2016, El Bahnasawy, while in Canada, purchased an array of bomb-making materials for use in the NYC Attacks, including approximately 40 pounds of hydrogen peroxide (the “Hydrogen Peroxide”) – which is a primary ingredient in TATP (triacetone triperoxide), a powerful explosive commonly used in improvised explosive devices.  El Bahnasawy also purchased, among other things, batteries, Christmas lights, thermometers, and aluminum foil for use in constructing explosive devices to carry out the NYC Attacks.

Meanwhile, in Pakistan, based on Haroon’s communications with the UC, Haroon traveled to a certain city to meet with an explosives expert for the purpose of obtaining additional information to be used in building bombs for the planned NYC Attacks.  Haroon advised that they would need “perming cords” (i.e., detonator cords) for constructing the improvised explosive devices, and conveyed his expectation that El Bahnasawy was acquiring “all that’s needed.”  Haroon repeatedly expressed his commitment to travel to New York City as soon as feasible to carry out the planned attacks in support of ISIS, and described the steps that he had taken to renew the necessary travel documents to enable him to exit Pakistan and travel to the United States for the purpose of carrying out the NYC Attacks.   

In early May 2016, El Bahnasawy informed the UC that El Bahnasawy had been communicating with Salic – who was known to El Bahnasawy as “Abu Khalid” and “the doctor” – about providing additional funding for the NYC Attacks.  EL Bahnasawy further informed the UC that Salic was a trusted ISIS supporter who had provided funding in support of ISIS on prior occasions.  El Bahnasawy advised that Salic would send approximately $500 to help fund the NYC Attacks, and that the money sent by Salic would be used to acquire additional ammunition and bomb-making materials for carrying out the attacks.  El Bahnasawy informed the UC that he had sent the UC’s account information to Salic so that Salic could transfer money to the United States in support of the NYC Attacks, and El Bahnasawy provided the UC with Salic’s contact information on an electronic messaging application, to enable Salic to execute the planned money transfer.

Shortly thereafter, Salic, using the alias Abu Khalid, began messaging with the UC.  Salic informed the UC that he had been in contact with El Bahnasawy, and that Salic was prepared to transfer money to the United States to help fund the NYC Attacks.  Salic, who allegedly maintained an active pro-ISIS social media presence, also conveyed that he had previously sent money to multiple other countries in support of ISIS, and expressed his allegiance to ISIS.  For example, on May 9, 2016, Salic informed the UC that he was “desperate” to travel to Syria to join ISIS.  Salic also expressed his belief that he could safely send money to support the NYC Attacks from the Philippines, where he claimed to be at the time, without attracting law enforcement scrutiny, stating:  “[I]ts not strict here. Unli[k]e in Aus [Australia] or Uk [the United Kingdom] even liking FB [Facebook] status will put[] u in jail . . . Terrorists from all over the world usually come here as a breeding ground for terrorists . . . hahahaha . . . But no worry here in Philippines. They dont care bout IS [ISIS]..loll[.] Only in west.”

On May 11, 2016, Salic sent approximately $423 from the Philippines to the UC to help fund the planned NYC Attacks.  Salic also informed the UC that he intended to continue sending additional money in support of ISIS in the future, stating:  “In Sha Allah once we have the blessings again we will distribute again.”

As described above, El Bahnasawy acquired an array of bomb-making materials for use in carrying out the NYC Attacks.  In mid-May 2016, El Bahnasawy shipped those bomb-making materials, including the Hydrogen Peroxide, to the UC in the United States.  El Bahnasawy planned to build the explosive devices and prepare for the NYC Attacks with Haroon and the UC at a rural cabin within driving distance of New York City.  EL Bahnasawy helped to secure such a cabin for a period beginning in late May 2016, when he planned to arrive in the New York City area.  El Bahnasawy informed the UC that the cabin would need to contain a refrigerator for purposes of making the explosives, and that El Bahnasawy wanted to “practise shooting” at the cabin site if it was not “too close to people.”

On May 12, 2016, when the UC sent Salic a photograph of the Hydrogen Peroxide that El Bahnasawy had purchased for use in the NYC Attacks, Salic reiterated his support for the planned attacks, and Salic also conveyed that if he was unable to travel to Syria to join ISIS, he might carry out an attack himself.  During subsequent communications with the UC, Salic described New York City as “the capital of Kufr [Kuffar],” and stated that “[i]t would be a great pleasure if we can slaughter” people in New York City.  Salic further conveyed to the UC that he would be praying to Allah for the success of the operation when the planned attacks were imminent.

On May 20, 2016, Haroon conveyed to the UC that Times Square was “a perfect spot to hit them,” and suggested that the plan could include “[d]rive by or we surround the whole street and trap them and kill as many as possible.”  In the course of his communications with the UC, Haroon also stated:  “I wanna kill . . . them in thousands”; and “we have to make a ocean out of their blood[.] Leave no one standing.”  Haroon reiterated his intention of traveling to New York City, and discussed attempting to execute the attacks as soon as Memorial Day (i.e., May 30, 2016), stating that “that’s a day that will change history” and that the attacks “will scar them for life knowing the soldiers of Allah are everywhere and ready.”

On May 21, 2016, El Bahnasawy traveled from Canada to the New York City area, in preparation for staging and ultimately carrying out the NYC Attacks with Haroon.  In coordination with Canadian law enforcement, U.S. law enforcement closely monitored El Bahnasawy’s travel to the United States on May 21, 2016, and El Bahnasawy was arrested by the FBI that night in Cranford, New Jersey.  Haroon was subsequently arrested in Pakistan based on the charges in the Haroon Complaint, and Salic was subsequently arrested in the Philippines based on the charges in the Salic Complaint.   

*                      *                      *

The chart below reflects: (i) the charges in the Superseding Information to which El Bahnasawy, 19, of Mississauga, Canada, pled guilty; (ii) the charges in the Haroon Complaint filed against Haroon, 19, a U.S. citizen residing in Pakistan; and (iii) the charges in the Salic Complaint filed against Salic, 37, of the Philippines.

CHARGE

STATUTE

DEFENDANTS CHARGED (COUNT)

MAXIMUM PENALTY

Conspiracy to use weapons of mass destruction

18 U.S.C. § 2332a

El Bahnasawy (1)

Haroon (1)

Salic (1)

Life in prison

Conspiracy to commit acts of terrorism transcending national boundaries

18 U.S.C. § 2332b

El Bahnasawy (2)

Haroon (2)

Salic (2)

Life in prison

Conspiracy to bomb a place of public use and public transportation system

18 U.S.C. § 2332f

El Bahnasawy (3)

Haroon (3)

Salic (3)

Life in prison

Conspiracy to provide material support and resources to terrorists

18 U.S.C. § 2339A

El Bahnasawy (4)

Haroon (4)

Salic (4)

15 years in prison

Attempted provision and provision of material support and resources to terrorists

18 U.S.C. § 2339A

El Bahnasawy (5)

Salic (5)

15 years in prison

Conspiracy to provide material support and resources to a designated foreign terrorist organization, i.e., ISIS

18 U.S.C. § 2339B

El Bahnasawy (6)

Haroon (5)

Salic (6)

20 years in prison

Attempted provision and provision of material support and resources to a designated foreign terrorist organization, i.e., ISIS

18 U.S.C. § 2339B

El Bahnasawy (7)

Salic (7)

20 years in prison

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge. The charges contained in the Haroon Complaint and the Salic Complaint are merely accusations, and Haroon and Salic are presumed innocent unless and until proven guilty.

As noted above, El Bahnasawy was arrested in New Jersey on May 21, 2016, and has remained in custody since that date.  On Oct. 13, 2016, El Bahnasawy pled guilty to the seven-count Superseding Information.  El Bahnasawy is scheduled to be sentenced on Dec. 12.  Haroon was arrested in September 2016 in Pakistan in connection with the charges in the Haroon Complaint, and proceedings for his extradition to the United States are currently pending in Pakistan.  Salic was arrested in April 2017 in the Philippines in connection with the charges in the Salic Complaint, and proceedings for his extradition to the United States are currently pending in the Philippines.

Mr. Boente and Mr. Kim praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD, and the FBI’s Los Angeles and Denver Field Offices.  Mr. Kim also thanked the Royal Canadian Mounted Police, the FBI’s Cleveland Field Office, the FBI’s Legal Attaché Offices in Canada, Pakistan, and the Philippines, the New York State Police, the Department of Justice’s Office of International Affairs, the Counterterrorism Section of the Department of Justice’s National Security Division, and the U.S. Attorney’s Office for the Central District of California for their assistance.

Assistant U.S. Attorneys George D. Turner and Negar Tekeei of the Southern District of New York are in charge of the prosecution, with assistance from Trial Attorneys Joshua Champagne and Larry Schneider of the National Security Division’s Counterterrorism Section.

[1] Certain portions of the transcript of El Bahnasawy’s guilty plea remain sealed pursuant to judicial order.  Those portions have been redacted from the version of the transcript unsealed today.

[2] As the introductory phrase signifies, the entirety of the texts of the Haroon Complaint and the Salic Complaint, and the descriptions of the allegations against Haroon and Salic in those charging documents set forth herein, constitute only allegations, and should be treated as allegations.  El Bahnasawy has pled guilty, so as to him, the descriptions are not merely allegations.

[3] The Complaint, Indictment, and Superseding Information filed against El Bahnasawy refer to Haroon as “CC-1” and to SALIC as “CC-2.”  The Haroon Complaint refers to El Bahnasawy as “CC-1” and to SALIC as “CC-2.”  The Salic Complaint refers to El Bahnasawy as “CC-1” and to Haroon as “CC-2.”

[4] “Kuffar” generally means “disbelievers.” 

[5] Unless otherwise indicated, the communications quoted herein have not been altered to correct for grammatical, spelling, or other errors that exist in the original communications.