UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA ) ) v. ) No. 03 CR 664 ) KHALED ABDEL-LATIF DUMEISI, ) Violations: Title 18, United States also known as Abu Walid, ) Code, Sections 371, 951(a), 1621 also known as Sirhan ) and 1623. ) COUNT ONE The SPECIAL APRIL 2002 GRAND JURY charges: The Defendant 1. At times material to this Indictment: INTRODUCTORY ALLEGATIONS (a) Defendant KHALED ABDEL-LATIF DUMEISI, a Permanent Resident Alien, was a resident of Oak Lawn, Illinois. The Government of Iraq (b) The Government of Iraq (hereafter GOI) was a foreign government. From 1979 to 2003, Iraq was ruled by Saddam Hussein and his regime. (c) The Iraqi Mission to the United Nations (hereafter IMUN) was an Iraqi diplomatic establishment in New York assigned to the United Nations and representing Iraqi interests at the United Nations. The IMUN was the principal establishment to which Iraqi government officials including Iraqi Intelligence Service officers were assigned in the United States. Iraqi Diplomats assigned to the IMUN were allowed to travel only within New York City proper.
(d) The Iraqi Intelligence Service (hereafter IIS ), known in Arabic as the Da irat al- Mukhabbarat al- Amma, or the Mukhabbarat, was the foreign intelligence arm of the GOI. The missions of the IIS included foreign intelligence collection (the gathering of information regarding the intentions of foreign governments), counterintelligence (the detecting of efforts by foreign governments to gather intelligence about the GOI), and the collection of information regarding individuals and groups considered hostile to the GOI. 2. At no time material to this Indictment was defendant DUMEISI: (a) a duly accredited diplomatic or consular officer of a foreign government, recognized by the United States Department of State; foreign government; or (b) an officially and publicly acknowledged and sponsored official or representative of a (c) an officially and publicly acknowledged and sponsored member of the staff of, or employee of, any such officer, official, or representative of a foreign government. THE CONSPIRACY 3. Beginning no later than 1999, and continuing until at least through February 2003, at Chicago, Burbank, Oak Lawn, and elsewhere in the Northern District of Illinois, Eastern Division, as well as various locations outside the Northern District of Illinois, KHALED ABDEL-LATIF DUMEISI, also known as Abu Walid, also known as Sirhan, defendant herein, conspired and agreed with others known and unknown to the Grand Jury, to commit an offense against the United States, namely, to knowingly act in the United States as an agent of a foreign 2
government, namely, the GOI, without prior notification to the Attorney General of the United States as required by law, in violation of Title 18, United States Code, Section 951(a). MANNER, AND MEANS OF THE CONSPIRACY 4. It was part of the conspiracy that defendant DUMEISI traveled to Iraq for the purpose of obtaining training by the IIS. 5. It was further part of the conspiracy that defendant DUMEISI was given the symbol or codename Sirhan from the IIS, and that he and his coconspirators used such codename in their communications. 6. It was further part of the conspiracy that defendant DUMEISI met with intelligence officers of the IIS at the IMUN. 7. It was further part of the conspiracy that defendant DUMEISI received direction from and acted under the control of coconspirators who were officers of the IIS. 8. It was further part of the conspiracy that defendant DUMEISI collected information regarding individuals and groups located in the United States who were considered by the IIS and DUMEISI to be hostile to the GOI under the leadership of Saddam Hussein. For purposes of this Indictment, these individuals and groups are referred to collectively as Opposition members and Opposition groups. 9. It was further part of the conspiracy that at the direction of the IIS, defendant DUMEISI used his position as the publisher of Al-Mahjar, an Arab language publication owned by him in Burbank, Illinois, as cover for his role as an agent under the direction and control of the IIS. 3
10. It was further part of the conspiracy that defendant DUMEISI printed certain items in the Al-Mahjar. These articles were intended, at least in part, to goad members of Opposition groups to respond in ways that would allow the IIS and defendant DUMEISI to identify them. 11. It was further part of the conspiracy that defendant DUMEISI obtained listings of telephone numbers called by an Opposition member, and passed these listings to the IIS so that the IIS could identify Opposition members in the United States and elsewhere. 12. It was further part of the conspiracy that defendant DUMEISI reported to the IIS the activities and locations of Opposition members in the United States. 13. It was further part of the conspiracy that defendant DUMEISI reported to the IIS the telephone numbers being used by an Opposition leader living in the United States, including his home, work and cell phone, to enable the IIS to further identify associates of the Opposition leader. 14. It was further part of the conspiracy that defendant DUMEISI produced press identification cards for certain IIS officers, falsely identifying them as employees of Al-Mahjar, in order to facilitate their travel within the United States and to secure their attendance at public gatherings of Opposition groups. 15. It was further part of the conspiracy that the IIS paid defendant DUMEISI for his services. 16. It was further part of the conspiracy that defendant DUMEISI and his coconspirators misrepresented, concealed, hid, and caused to be misrepresented, concealed, and hidden, the purposes of and acts done in furtherance of the conspiracy, to avoid detection and apprehension by law enforcement authorities. 4
OVERT ACTS 17. In furtherance of the conspiracy, and for the purpose of effecting its unlawful objectives, defendant DUMEISI and other unindicted coconspirators did commit overt acts, in the Northern District of Illinois and elsewhere, including, but not limited to, the following: (a) On or about April 29, 1999, defendant DUMEISI received from the IMUN, by fax, a copy of a letter sent by the IMUN to the Iraqi Embassy in Amman, Jordan, requesting that the Embassy grant defendant an entry visa for Iraq and provide him with transportation to Baghdad. (b) In approximately October 1999, defendant DUMEISI corresponded with an Opposition group, in Chicago, for the purpose of obtaining an invitation to attend a conference sponsored by another Opposition group. (c) In approximately October 1999, defendant DUMEISI sent a fax to the IMUN regarding his attempts to obtain the invitation described in subparagraph (b). (d) On or about September 29, 1999, defendant DUMEISI sent a letter to the IMUN, forwarding the IMUN a copy of a job vacancy at an office of an Opposition group. (e) At some time after December 1998, defendant DUMEISI sent a letter to the IMUN, informing IMUN that he had received threatening voice mail communications from members of the Opposition, that he had preserved these messages, and that he was planning a meeting with a representative of a particular Opposition group. (f) In approximately April 2002, defendant DUMEISI obtained listings of phone calls made by a member of the Opposition while the Opposition member was in the Chicago area. 5
(g) At various times throughout the conspiracy, defendant DUMEISI used a cellular telephone to communicate with IIS Officers located at the IMUN. (h) At various time throughout 1999 until at least through February 2003, defendant DUMEISI printed provocative articles in Al Mahjar, for the purpose of identifying members of the Opposition who would communicate their displeasure with the articles; All in violation of Title 18, United States Code, Section 371. 6
COUNT TWO The SPECIAL APRIL 2002 GRAND JURY further charges: 1. Paragraphs 1 through 5 of Count One of this Indictment are realleged and incorporated as if fully set forth herein. 2. Beginning no later than 1999, and continuing until at least through February 2003, at Oak Lawn, Burbank, and Chicago, in the Northern District of Illinois, Eastern Division, and elsewhere, KHALED ABDEL-LATIF DUMEISI, also known as Abu Walid, also known as Sirhan, defendant herein, unlawfully and knowingly acted in the United States as an agent of a foreign government, specifically, the government of Iraq, without prior notification to the Attorney General, as required by law; In violation of Title 18, United States Code, Section 951(a). 7
COUNT THREE The SPECIAL APRIL 2002 GRAND JURY further charges: 1. Paragraphs 1 and 2 of Count One of this Indictment are realleged and incorporated as if fully set forth herein. 2. On or about September 7, 2002, in a proceeding before an officer of the Immigration and Naturalization Service (INS), defendant DUMEISI, having duly taken an oath that he would testify truthfully, testified on his oath in response to questions posed to him by an officer of the INS concerning his application to become a naturalized citizen of the United States. It was material to defendant DUMEISI s application to become a naturalized citizen whether or not defendant DUMEISI had ever acted as an agent of a foreign government or power. Division, 3. On or about September 7, 2002, at Chicago, in the Northern District of Illinois, Eastern KHALED ABDEL-LATIF DUMEISI, also known as Abu Walid, also known as Sirhan, defendant herein, having taken an oath to testify truly before a competent tribunal officer or person, in a case in which a law of the United States authorizes an oath to be administered, that is, in connection with defendant s application to become a naturalized citizen of the United States, defendant willfully and contrary to such oath made false material declarations including denials that he ever provided services to or worked at the behest of Iraq, and that he had never received any property or compensation from a foreign power; In violation of Title 18, United States Code, Section 1621. 8
COUNT FOUR The SPECIAL APRIL 2002 GRAND JURY further charges: 1. Paragraphs 1 and 2 of Count One of this Indictment are realleged and incorporated as if fully set forth herein. 2. On or about May 7, 2003, there was convened, at Chicago, in the United States District Court for the District of Northern Illinois, a grand jury, known as the Special April 2002 Grand Jury. This grand jury was charged with investigating allegations of various violations of United States law, including whether defendant DUMEISI violated and conspired to violate Title 18, United States Code, Section 951. 3. On or about May 7, 2003, defendant DUMEISI, having duly taken an oath that he would testify truthfully, testified on his oath in a proceeding in front of the Special April 2002 Grand Jury. It was material to the proceeding whether defendant DUMEISI had ever offered to or committed any act on behalf of the IMUN. 4. On or about May 7, 2003, at Chicago, in the Northern District of Illinois, Eastern Division, KHALED ABDEL-LATIF DUMEISI, also known as Abu Walid, also known as Sirhan, defendant herein, while under oath in a proceeding before a grand jury of the United States, knowingly made false material declarations, including a denial that any employee of the IMUN had 9
ever asked him to do anything on behalf of the IMUN, and a denial that he ever offered to do anything for them; In violation of Title 18, United States Code, Section 1623. A TRUE BILL: FOREPERSON UNITED STATES OF ATTORNEY 10