Informer’s Role in Bombing Plot
(New York. May
27, 2009 Ceegaag Online)
Everyone called the stranger with all
the money “Maqsood.” He would sit in his Mercedes,
waiting in the parking lot of the mosque in Newburgh,
N.Y., until the Friday prayer was over. Then, according
to members of the mosque, the Masjid al-Ikhlas, he
approached the young men.
He asked Shakir Rashada, 34, if he
wanted to come over for lunch. He offered Shafeeq
Abdulwali, 39, a job, perhaps at his construction
company. Jamil Muhammed, 38, said he was offered
cellphones and computers.
The man, a Pakistani, occasionally
approached the assistant imam of the mosque, proposing
meetings, or overpaying for a sandwich he would buy at a
mosque fund-raiser. In time, many of the mosque’s older
members had made the man for a government informant,
according to mosque leaders. They said that he seemed to
focus most of his attention on younger black members and
visitors.
“It’s easy to influence someone with
the dollar,” said Mr. Muhammed, a longtime member of the
mosque. “Especially these guys coming out of prison.”
The members of the mosque now believe
that Maqsood was the government informant at the center
of the case involving four men from Newburgh arrested
and charged this week with having plotted to explode
bombs at Jewish centers in New York City. The government
has said that the four men, several of whom visited the
mosque in Newburgh and all of whom spent time in prison,
were eager to kill Jews, and prosecutors charged that
they had actually gone so far as to plant what they
believed to be bombs on the streets of New York, an act
the F.B.I. captured
on videotape.
The government case revolves
significantly around the work of an informant who
facilitated the men’s desire to mount a terrorist
attack.
The role of informants has been a
constant in the terror cases made by federal and local
authorities since 9/11. And just as constant have been
the attempts by lawyers for those charged to portray
their clients as dupes, people who would not have
committed to do harm without the provocation of the
informants.
Those attempts have typically failed.
Juries, evidently unmoved by claims about the conduct
and influence of the informants, have routinely
convicted those charged in the terror plots, like the
five men charged with wanting to kill soldiers at Fort
Dix in New Jersey, and the young Pakistani immigrant
from Queens charged with conspiring to plant a bomb in
Herald Square.
And, it turns out, an entrapment
defense failed in a case involving the informant in this
week’s bomb plot investigation.
The informant was not identified in
court papers unsealed on Wednesday in Manhattan. But
according to a person briefed on the case, the informant
is Shahed Hussain, the central prosecution witness in a
2004 federal sting focusing on a pizzeria owner and an
imam at an Albany mosque.
Lawyers for those men argued that Mr.
Hussain, who had posed as a wealthy Muslim radical, had
entrapped their clients in an ultimately fictional plot
to kill a Pakistani diplomat with a missile. But a
federal jury convicted the two men, and they were
sentenced to 15 years in prison.
“Any defense attorney worth his salt
is going to argue entrapment,” Raymond
W. Kelly, the New
York police commissioner, said Friday when asked about
the use of an informant in the Newburgh case. “The
argument will be made in court. But in essence, the law
says you have to be otherwise not disposed to do the
crime to successfully use the defense of entrapment.”
The government’s court filings
present the informant as someone who merely assisted the
violent intentions of the four men. Federal authorities
have asserted that one of the defendants,James
Cromitie, was angry
about the war in Afghanistan and was determined to
strike at America, and later at Jews. The informant, who
told the men he had connections to a Pakistani terror
group, then provided the men with what they believed to
be sophisticated explosives and a missile.
Asked whether he thought the four men
were a serious security risk before they were approached
by the informant, Joseph M. Demarest Jr., who heads the
F.B.I.’s New York office, said: “It was their plot and
their plan that they pushed forward. We merely
facilitated. They asked for the explosives. They asked
for the Stingers, or rockets, I think, is the way they
described it. They did leave the packages of what they
believed to be real explosives, the bags, in front of
two temples in the Bronx.”
Vincent L. Briccetti, who represents
Mr. Cromitie, said he was aware of Mr. Hussain’s role in
the Albany case, which was reported on Friday in The New
York Post.
“His history is of interest to us,”
Mr. Briccetti said.
Court records from the Albany case
show that Mr. Hussain came to the United States from
Pakistan in 1993 or 1994. He appears to have held a
variety of jobs, and come to own a number of businesses
and properties. But in 2002, he was charged with a
scheme involving taking money to illegally help people
in the Albany area get driver’s licenses.
To avoid being deported, he agreed to
assist the government — first taking part in a sting
aimed at the driver’s license scheme, and later in a
heroin trafficking case. In 2003, the F.B.I. enlisted
him in a more ambitious case. They wanted him to help
them learn more about the intentions of a man who they
worried might be supportive of terror, Yassin Aref, and
toward that end, began to focus on his friend Mohammad
Mosharref Hossain.
Under the coaching of a federal
agent, and often wearing a recording device, he met with
the men, and presented himself as what he later at trial
called “a wealthy radical.” Eventually, the government
charged the two men with money laundering as part of a
plot to acquire missiles, and perhaps use one to kill a
Pakistani diplomat.
Mr. Hussain testified at length at
the trial of the two men, and defense lawyers sought to
portray him as a tool of an overly zealous government.
He said that he met with an F.B.I.
agent before every encounter with the two men to go over
his game plan.
“What Agent Coll used to tell me, I
used to tell them exactly,” Mr. Hussain testified under
cross-examination about his dealings with the F.B.I.
agent and the two men.
“So you did exactly what Agent Coll
told you?” he was asked by a defense lawyer.
“True,” he answered.
James E. Long, a lawyer who
represented Mr. Hussain from 2002, when he was arrested,
until 2006, refused to comment.
William C. Pericak, an assistant
United States attorney in Albany who prosecuted Mr. Aref
and Mr. Hossain, also would not comment about the
informant. But after the
convictions of the two men,
he said, “You can’t put a percentage on how likely these
guys would have been to commit an act of terrorism. But
if a terrorist came to Albany, my opinion is that these
guys would have assisted 100 percent.”
The man called Maqsood, before
appearing in Newburgh, had first approached the Masjid
Al-Noor mosque in nearby Wappingers Falls, according to
members there. The imam and several board members said a
man who called himself Maqsood started sporadically
attending services there in 2007. He was flashy, they
said, and bragged about his real estate business and
properties. He drove a black Mercedes and always came
alone.
Zubair Zoha, a former treasurer of
the mosque, said the man asked him three times for the
full list of members of the mosque, saying he wanted to
approach potential customers. But he was largely ignored
or dismissed.
He stopped coming, the members said,
around June 2008.
It was then, according to the
government’s court papers, that their informant struck
up a relationship with Mr. Cromitie at the mosque in
Newburgh, a set of dealings that would result in the
bomb plot.
The imam in Newburgh, Salahuddin
Mustafa Muhammad, said he was angry that the informant
had associated his mosque with the scheme that had
nothing to do with regular members. He condemned the
plot, but questioned whether the men who were arrested
would have committed to it had the informant not shown
up.
Mr. Muhammad said he wondered whether
he should have done anything differently once he had
suspicions about the man named Maqsood.
“How do you go to the government
about the government?” he asked.
Colin Moynihan, Nate Schweber and Karen Zraick
contributed reporting.
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