Canadian National Indicted for Conspiracy to Procure Weapons for al Qaeda, Kill Americans Overseas

by the United States Department of Justice

February 8, 2006

Boston, MA... A federal grand jury has indicted a Canadian national on charges that he conspired to kill Americans overseas, conspired to use weapons of mass destruction, conspired to possess a destructive device in furtherance of a crime of violence, and did possess a destructive device in furtherance of a crime of violence.

United States Attorney Michael J. Sullivan and Kenneth W. Kaiser, Special Agent-in- Charge of the Federal Bureau of Investigation in New England, James P. Ennis, Special Agent-in-Charge of the Boston Field Office of the Department of State’s Diplomatic Security Service, and Keith A. Johnston, Resident Agent-in-Charge of the Boston Office of the Department of Defense’s Defense Criminal Investigative Service, announced that the grand jury returned a four-count indictment today, charging ABDULLAH KHADR, age 24, a Canadian national, with various acts related to his alleged procurement of munitions for use against United States nationals and United States property abroad. KHADR was arrested in Canada on December 17, 2005 on a provisional arrest warrant based on a criminal complaint filed by the United States Attorney in Boston. He has been in custody since that time, awaiting extradition to the United States. The indictment charges KHADR with the following four offenses: conspiracy to murder a United States national outside the United States in violation of 18 U.S.C. § 2332(b)(2); conspiracy to use a weapon of mass destruction in violation of 18 U.S.C. § 2332a(a)(1) and (3), specifically, one or more grenades, rockets, missiles, and mines against United States nationals and United States property outside the United States; possession of a destructive device, specifically, one or more grenades, rockets, missiles, and mines in furtherance of a crime of violence in violation of 18 U.S.C.§§ 924(c) and 2; and conspiracy to possess a destructive device in furtherance of a crime of violence in violation of 18 U.S.C. § 924(o)."Our efforts to identify and capture alleged terrorists who seek to kill Americans here and abroad transcend all borders," said Attorney General Alberto R. Gonzales. "Today's indictment sends the message to terrorists around the world that we will go to great lengths to bring justice to those who provide al Qaeda and other terrorists with the weapons to carry out their deadly and evil goals."

“The indictment of ABDULLAH KHADR demonstrates the commitment of the United States to aggressively investigate and prosecute those who seek to kill Americans here or abroad” said U.S. Attorney Michael Sullivan. “KHADR, as alleged in the indictment, conspired to kill U.S. and coalition military forces and other U.S. nationals fighting to liberate the people of Afghanistan. The FBI, Department of State, Department of Defense, the Counter Terrorism Section of the Department of Justice and the Anti-Terrorism and National Security Section of the United States Attorney’s Office deserve great credit for this intensive investigation and collaboration in building the case against KHADR” concluded Sullivan.

The indictment alleges, among other things, as follows:

1. KHADR’s father, Ahmed Said Khadr (“Ahmed Said”), was a trusted associate of Al Qaeda leader Usama Bin Laden (“Bin Laden”). In 1997 and 1998, KHADR and other members of his family visited Bin Laden and his family at Nazim Jihad, Bin Laden’s family compound outside of Jalalabad, Pakistan. In 1998, the Khadr family moved to the Bin Laden compound at Nazim Jihad, where they lived for about one month.

2. In the wake of the September 11, 2001 terrorist attacks on targets within the United States, United States military personnel and equipment, in addition to military personnel and equipment from other countries allied with the United States (“Coalition Forces”), were deployed to Afghanistan in October 2001. Combat thereafter ensued in Afghanistan between United States and Coalition Forces and fighters controlled by or allied with the Taliban and/or Al Qaeda.

3. In furtherance of the aforesaid conspiracy and to accomplish the object thereof, KHADR and his co-conspirators, both known and unknown to the Grand Jury, did do one or more acts to effect the object of the conspiracy, as follows:

a. In 2003, the local Al Qaeda influenced shura council (a group of male local leaders) vested Ahmed Said with operational responsibility for organizing attacks against United States and Coalition Forces in the border area of Afghanistan near Shagai, Pakistan. To assist in his efforts, Ahmed Said asked KHADR to procure munitions for use by Al Qaeda and other fighters against United States and Coalition Forces.

b. From in or about May, 2003, through in or about October, 2003, KHADR purchased AK-47 ammunition, PK ammunition (for use in Russian PK machine guns), rocket propelled grenades, rockets, and 82 mm and 120 mm mortar rounds.

c. KHADR distributed such munitions to other members of the conspiracy, known to the Grand Jury, for use by Al Qaeda and other fighters in killing United States and Coalition Forces military personnel and other United States nationals in Afghanistan, and for training Al Qaeda and other fighters to kill United States and Coalition Forces military personnel and other United States nationals in Afghanistan, and to damage and destroy property owned, leased, and used by the United States in Afghanistan.

d. In addition to procuring the previously described munitions, KHADR provided explosive components, to wit, multiple 25-liter containers of hydrogen peroxide, to a conspirator, known to the Grand Jury, for use in making mines intended to be used in killing United States and Coalition Forces military personnel and other United States nationals in Afghanistan, and to damage and destroy property owned, leased, and used by the United States in Afghanistan.

e. After Ahmed Said was killed by Pakistani forces in October, 2003, KHADR continued his efforts to procure munitions intended for use in killing United States and Coalition Forces military personnel and other United States nationals in Afghanistan, and in damaging and destroying property owned, leased, and used by the United States in Afghanistan. In or about October, 2004, KHADR engaged in negotiations for the purchase of missiles from a Pakistani conspirator, known to the Grand Jury, which KHADR intended to sell to another conspirator known to the Grand Jury for such use.

If convicted of the charges, KHADR faces potential imprisonment for life plus thirty years and a $1,000,000.00 fine.

The investigation is continuing.

The case is being investigated by the Joint Terrorism Task Force, and has included special agents from the Federal Bureau of Investigation from the Department of Justice, the Diplomatic Security Service from the Department of State, and the Defense Criminal Investigative Service from the Department of Defense. It is being prosecuted by Assistant U.S. Attorneys James Farmer, Gregory Moffatt and Kimberly West, all of Sullivan’s Anti-Terrorism and National Security Section and John Gibbs of the Counter Terrorism Section of the Department of Justice.

Press Contact: Mary J. Connors, (617) 748-3356