nationalsecuritylaw United States v. Yusuf (E.D. Missouri November 3, 2010) (unsealed indictment involving material support to al Shabaab)

* United States v. Yusuf (E.D. Missouri Nov. 3, 2010)

Following news yesterday of an al Shabaab-related indictment in Southern California, today we learn of a similar prosecution in Missouri. It’s clearly a substantial and coordinated push by DOJ to crack down on al Shabaab fundraising in the US. The indictment is attached, and details from the press release appear below:

ST LOUIS – St. Louis resident Mohamud Abdi Yusuf has been indicted and arrested on four charges of providing material support to a designated terrorist organization and one charge of conspiracy to structure financial transactions, U.S. Attorney Richard G. Callahan announced today. Minneapolis resident Abdi Mahdi Hussein was also indicted and arrested on a charge of conspiracy to structure financial transactions.

According to the indictment returned on Oct. 21, 2010 and unsealed this morning, from February 2008 through at least July 2009, Yusuf and a third defendant, Duwayne Mohamed Diriye, a resident of Kenya and Somalia, were involved in a conspiracy to provide funds to al-Shabaab, which was designated by the U.S. Department of State as a foreign terrorist organization in February 2008.

The indictment alleges that Yusuf sent funds to al-Shabaab supporters in Somalia, including Diriye, from licensed money remitting businesses operating in the United States, in part by using fictitious names and telephone numbers to conceal the nature of their activities. Yusuf is also charged with conspiring with Abdi Mahdi Hussein, an employee of a licensed money remitting business, to structure financial transactions to avoid record keeping requirements.

Al-Shabaab, which loosely translates to “The Youth,” operated as a terrorist organization based in Somalia whose objective was the violent overthrow of the Transitional Federal Government (TFG), the ouster of African Union support and the imposition of Shari’a law in Somalia. Until his death in May 2008, Aden Hashi Ayrow was the principal military leader and commander of al-Shabaab.

Special agents of the FBI arrested Yusuf on Nov. 1, 2010, in St. Louis, and arrested Hussein on Nov. 2, 2010, in Minneapolis. Both defendants made initial appearances in federal court yesterday. Diriye remains at large in Kenya or Somalia. Diriye is charged in the indictment with one felony count each of conspiracy to provide material support to a designated foreign terrorist organization and providing material support to a designated foreign terrorist organization.

The indictment alleges that members of the conspiracy discussed al-Shabaab in coded language to plan the means by which they could provide funds to al-Shabaab. Yusuf solicited funds from inside and outside the Eastern District of Missouri, and coordinated the transfer and transmission of the funds to al-Shabaab. Diriye facilitated and coordinated the receipt and distribution of funds to al-Shabaab from inside Somalia and Kenya by seeking and identifying al-Shabaab members, supporters and affiliates in Somalia and Kenya, to receive the funds, and by providing members of the conspiracy who were collecting the funds with information concerning al-Shabaab’s operations and activities in Somalia.

FINAL EDMO Yusuf et al Indictment.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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