United States v. Akl (N.D. Ohio June 3, 2010)

* United States v. Akl (N.D. Ohio June 3, 2010)

Another material support prosecution, this one involving a couple from Toledo, dual citizens of the US and Lebanon, charged with conspiring to send money to Hezbollah. Press release excerpts below, arrest affidavit attached:

TOLEDO Two residents of Toledo, Ohio, Hor I. Akl, age 37, and his spouse, Amera A. Akl, age 37, both of whom are dual citizens of the United States and Lebanon, were arrested today on charges that they conspired to provide material support to a designated foreign terrorist organization, conspired to launder money, and committed arson relating to an insurance fraud scheme. Hor Akl is also charged with two counts of bankruptcy fraud and one count of perjury, U.S. Attorney Steven M. Dettelbach announced today. The Akls were arrested this morning without incident and are expected to make their initial appearance in federal court in Toledo at 3:30 p.m. today.

According to the criminal complaint filed earlier today, from on or about Aug. 30, 2009, to the present, the Akls conspired to provide material support to Hizballah, which was designated by the Secretary of State as a Foreign Terrorist Organization in October 1997, and remains so today. According to the complaint, the Akls agreed to send money to the terrorist organization Hizballah after they were approached by a confidential informant for the FBI who claimed he worked for an anonymous donor eager to support Hizballah. The couple researched and proposed at least ten different ways in which the money could be shipped to Hizballah, the complaint alleges.

The complaint alleges that the Akls ultimately agreed to conceal approximately $500,000 in the hollow sections of a vehicle and to ship the vehicle to Lebanon, where they would remove the cash and give it to Hizballah officials on behalf of the purported anonymous donors in the United States. The Akls expected to receive a fee or commission for arranging the transfer of funds. The complaint alleges that in March 2010, Hor Akl traveled to Lebanon to make arrangements for the delivery of the funds to Hizballah. Akl allegedly returned to the United States claiming that he had met with Hizballah officials.

The complaint further alleges that, during the investigation, the Akls discussed multiple criminal violations in the past, including bulk cash smuggling of large amounts of currency to Lebanon, wire fraud, mail fraud, perjury related to bankruptcy fraud, and concealing property in a bankruptcy proceeding.

The maximum statutory penalties upon conviction are: for conspiring to provide material support to a Designated Foreign Terrorist Organization, up to 15 years in prison and a fine of $500,000; for money laundering conspiracy, up to 20 years in prison and a fine of $500,000; for each of the offenses of bankruptcy fraud, and perjury, up to 5 years in prison and a fine of $250,000; and for the arson offense, up to 10 years in prison and a fine of $250,000.

Akl Affidavit.pdf

By Robert M. Chesney

Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.

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