Aboo v. United States

86 Fed. Cl. 618, 2009 U.S. Claims LEXIS 78, 2009 WL 877711
CourtUnited States Court of Federal Claims
DecidedMarch 31, 2009
DocketNo. 08-546C
StatusPublished
Cited by47 cases

This text of 86 Fed. Cl. 618 (Aboo v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aboo v. United States, 86 Fed. Cl. 618, 2009 U.S. Claims LEXIS 78, 2009 WL 877711 (uscfc 2009).

Opinion

OPINION AND ORDER

LETTOW, Judge.

Romeo K. Aboo was a cooperating witness in an investigation of Khaldon Esawi, Khaled Obeid, and Taher Yousef for money laundering and drug trafficking. Compl. ¶¶ 4-6. These three men along with twelve other individuals were convicted in federal court of numerous offenses, including money laundering and conspiracy to possess controlled substances. Def.’s Proposed Findings of Uncontroverted Fact at 1 (“Def.’s Facts”). Mr. Aboo asserts that, prior to agreeing to work with the government as a cooperating wit[622]*622ness, he and representatives of the federal government entered into a contract that required the government to keep his identity secret and pay him an award, which included reimbursing him for any expenses he incurred while cooperating with the government. Compl. ¶ 3. Mr. Aboo claims that the government breached the contract by failing to provide for his safety and security, not paying him the full amount of the award that he was owed, and not reimbursing him for the expenses he incurred while acting as a cooperating witness. Compl. ¶¶ 63-65, 67, 68, 73. The government has moved to dismiss Mr. Aboo’s complaint, or, in the alternative, for summary judgment, asserting that he did not have a contract with the government and that, contemporaneously with receiving an award from the government of $200,000, he released the government from all liability relating to his work as a cooperating witness in the investigation of Khaldon Esawi, Khaled Obeid, and their associates. Def.’s Mot. and Br. to Dismiss Pl.’s Compl., or in the Alternative, for Summary Judgment at 10 (“Def.’s Mot.”).

BACKGROUND1

Since 2000, Mr. Aboo has provided federal law enforcement officials with confidential information about suspected criminal activities. Def.’s Facts at 1; Def.’s Motion, Ex. 1 (Decl. of Brent E. Potter, Special Agent of the Federal Bureau of Investigation (Dec. 15, 2008) (“Potter Decl.”)) at 1. In November 2000, Special Agent Potter registered Mr. Aboo as a cooperating witness with the Federal Bureau of Investigation (“FBI”). Id. Mr. Aboo’s initial involvement with the FBI was in a matter that was unrelated to the criminal investigation of Khaldon Esawi. Id. In conjunction with his registration as a cooperating witness, Mr. Aboo was provided with admonishments from the FBI on December 4, 2000. Id. The admonishments specified that “the [f]ederal [l]aw [enforcement [ajgeney cannot guarantee any rewards, payments, or other compensation to the Cooperating Individual/Confidential Informant.” Def.’s Mot., Ex. 3 (Required Admonishments to Confidential Informants and Cooperating Witnesses (Dec. 4, 2000)) at 22.2 The admonishments further advised Mr. Aboo that “the United States Government will[ ] strive to protect a [confidential [¡Informant's identity (and Cooperating] W[itness]’s identity except as necessary for trial and/or related investigative purposes) but cannot guarantee that it will not be divulged.” Id3

In March 2001, Mr. Aboo provided Special Agent Potter with confidential information about criminal activities of Khaldon Esawi, Taher Yousef, and numerous other individuals. Potter Decl. at 2. Among other things, Mr. Aboo informed Special Agent Potter that Shuman Trading Company, Mr. Aboo’s employer, “was a shell company ... and used for illegal purposes.” Def.’s Mot. at 4 (citing Potter Decl. at 2). Following this conversation, Special Agent Potter contacted the Internal Revenue Service (“IRS”) to inform them that Khaldon Esawi and his associates were suspected of engaging in money laundering and tax fraud. Potter Decl. at 2. Special Agent Potter also contacted the Drug Enforcement Administration (“DEA”) and was informed of an ongoing investigation called Operation Mountain Express II, which “targeted large scale trafficking organizations illegally smuggling pseudoephedrine from Canada to Chicago and the[n] to California where it was sold to Mexican methamphetamine manufacturers.” Id.

Between April and July 2001, Mr. Aboo had several meetings with Special Agent Potter, who was frequently accompanied by Special Agent Robert Schumaker. Potter Decl. at 3. In July 2001, Special Agent Schumaker [623]*623assumed responsibility “for handling Mr. Aboo.” Id. At this time, Mr. Aboo left his job at the Shuman Trading Company and became the business manager for Khaldon Esawi. Def.’s Mot., Ex. 6 (Deel. of Maria Suarez, Special Agent, IRS Criminal Investigation Division (Dec. 22, 2008) (“Suarez Decl.”)) at 32.4 While he was working for Khaldon Esawi, Mr. Aboo maintained frequent contract with Special Agent Schumaker. Def.’s Facts at 4. In August 2001, Special Agent Sehumaker introduced Mr. Aboo to Special Agent Maria Suarez of the IRS. Suarez Decl. at 30.

Following the terrorist attacks of September 11, 2001, the FBI determined that its investigation of Khaldon Esawi and his associates would be more appropriately handled by the Operation Mountain Express II task force. See, e.g., Def.’s Facts at 4; Def.’s Mot., Ex. 5 (Decl. of Robert Sehumaker, Special Agent, FBI (Dec. 18, 2008) (“Schumaker Decl.”)) at 27. Because the FBI decided to end its involvement in investigating Khaldon Esawi, “responsibility for handling Mr. Aboo [was transferred] to IRS S[peeial] A[gent] [Maria] Suarez.” Def.’s Facts at 4; Sehumaker Decl. at 27. On September 23, 2001, Mr. Aboo was registered as a cooperating witness with the IRS. Suarez Decl. at 30. When he was registered as a cooperating witness with the IRS, Mr. Aboo was provided with a list of admonishments that informed him that “the IRS cannot guarantee any rewards, payments, or other compensation to him/her” and that the federal “government will strive to protect a confidential informant’s identity, but cannot guarantee that it will not be divulged.” Def.’s Mot., Ex. 7 (Approved Confidential Informant Advice (Sept. 23, 2001)) at 37. On October 5, 2001, in response to these developments, the FBI closed Mr. Aboo’s file as a cooperating witness and stopped “any active use of Mr. Aboo as a [cooperating witness].” Def.’s Facts at 4.

Thereafter, Mr. Aboo provided documents and information about the criminal activities of Khaldon Esawi and his compatriots to the IRS. Suarez Decl. at 31. In January 2002, Khaldon Esawi and fourteen other individuals were arrested and charged with committing numerous crimes. See id. The fifteen individuals pleaded guilty and were convicted of crimes that included money laundering and conspiracy to possess controlled substances. Id. During the pendency of the criminal case, filings made by the government with the pertinent district court contained information that “could have been used ... to identify Mr. Aboo as a cooperating witness.” Def.’s Mot. at 7. In light of this development, the government determined that it was necessary to take affirmative steps to protect Mr. Aboo from any retribution and moved him to a safe house. Id. Mr. Aboo resided at the safe house from January 2002 to approximately June 15, 2002. Suarez Decl. at 32.

At some point during his stay at the safe house, Mr. Aboo informed Special Agent Suarez that he desired to relocate so he could resume working. Suarez Decl. at 32. Mr. Aboo indicated that he wished to move to South Carolina. Id. at 33. However, Mr. Aboo failed to provide Special Agent Suarez with an estimated cost of his moving expenses such that those expenses could be submitted to her superiors for approval. Id. Additionally, the IRS offered Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
86 Fed. Cl. 618, 2009 U.S. Claims LEXIS 78, 2009 WL 877711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aboo-v-united-states-uscfc-2009.