United States v. Jama

217 F. Supp. 3d 882, 2016 U.S. Dist. LEXIS 153709, 2016 WL 6573959
CourtDistrict Court, E.D. Virginia
DecidedNovember 4, 2016
DocketCase No. 1:14-cr-230-AJT
StatusPublished

This text of 217 F. Supp. 3d 882 (United States v. Jama) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jama, 217 F. Supp. 3d 882, 2016 U.S. Dist. LEXIS 153709, 2016 WL 6573959 (E.D. Va. 2016).

Opinion

MEMORANDUM OPINION AND FINDINGS OF FACT IN SUPPORT OF VERDICT

Anthony J. Trenga, United States District Judge

On October 25, 2016, the Court found Defendant Muna Osman Jama (“Jama”) guilty on Counts One through Twenty-One of the superseding indictment and Defendant Hinda Osman Dhirane (“Dhirane”) guilty on Counts One and Sixteen through Twenty-One and not guilty on Counts Two through Fifteen of the superseding indictment. The Court’s verdict followed the presentation of evidence during a nonjury trial held on July 14-18, 2016, supplemental briefing on defendants’ Rule 29 motion for a judgment of acquittal, and closing arguments on October 12, 2016. Immediately before the Court returned its verdict, Defendant Jama made an oral motion on October 25, 2016 pursuant to Federal Rule of Criminal Procedure 23(c) requesting that the Court state its specific findings of fact.1 In response to Jama’s request, the Court stated its specific findings of fact in open court at the time it issued its verdict and denied Defendants’ Motion for Judgment of Acquittal pursuant to Federal Rule of Criminal Procedure 29. The Court now issues this memorandum opinion and written findings of fact in further support of its verdict and its denial of Defendants’ Rule 29 motion.

I. BACKGROUND

A. Procedural History

On June 26, 2014, a grand jury returned a twenty-one count superseding indictment against Defendants Jama and Dhirani, together with Codefendant Farhia Hassan (“Hassan”), who was arrested in the Neth[885]*885erlands and remains outside of the United States, and two other Codefendants, Far-dowsa Jama Mohamed (“Mohamed”) and Bar ira Hassan Abdullahi (“Abdullahi”), who have not been arrested and appear to be located outside of the United States. In Count One, Defendants are charged with Conspiracy to Provide Material Support to a Foreign Terrorist Organization, namely Harakat al-Shabaab al-Mujahideenal-Sha-baab (“al-Shabaab” or “AS”), in violation of 18 U.S.C. § 2389B (“Section 2339B”). In Counts Two through Twenty-One, they are charged with Providing Material Support to a Foreign Terrorist Organization in violation of 18 U.S.C. §§ 2 & 2339B.

Defendants waived trial by jury, and the Court held a bench trial beginning on July 11, 2016. On July 14, 2016, after the United States rested its case in chief, Defendant Jama moved for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29. [Doc. No. 232.] The Court reserved decision on the motion.2 Thereafter, the parties continued the presentation of evidence, with all parties resting on July 18, 2016, following which point Defendant Jama renewed her Rule 29 Motion.3 The Court then ordered the filing of supplemental briefing and continued closing arguments to October 12, 2016.4 After closing arguments, the Court again reserved decision on Defendants’ pending Rule 29 motion.

B. Superseding Indictment

Count One of the superseding indictment alleges that “[f]rom at least in or about February 2011” and continuing through the date of the superseding indictment, Jama and Dhirane, together with Codefendants Mohamed, Hassan, and Ab-dullahi, conspired with each other and with others “knowingly to provide material support and resources to a foreign terrorist organization, that is, al-Shabaab,” in violation of 18 U.S.C. § 2339B. The superseding indictment further alleges that in furtherance of the conspiracy, Jama and Dhirane and their co-conspirators engaged in a series of twenty-six transfers of funds, beginning on February 8, 2011 with a transfer from Jama to Mohamed and ending on January 23, 2013 with a transfer from Dhirane to Daahir Abdi.

Counts Two through Twenty-One of the superseding indictment allege that on specific dates, a defendant or co-conspirator transmitted or attempted to transmit a particular amount of money to a particular individual, thereby providing material support or resources to al-Shabaab in violation of 18 U.S.C. § 2339B. These counts [886]*886are stated chronologically, beginning with an alleged transfer from Defendant Jama to Mohamed on February 8, 2011 (Count Two) and ending with an alleged transfer from Defendant Jama to Osman Jama, her father, on August 8, 2012 (Count Twenty-One). Fourteen of the twenty counts of material support involve transfers from Jama to Mohamed; four involve transfers from Ali B. Sheik, Jama’s husband, to Mohamed; and two involve transfers from Jama to Osman Jama.

At the time the events in this case took place, Title 18 of the United States Code, Section 2339B(a)(1) provided that:

[w]hoever knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or life. To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activities (as defined in section 212 (a)(3)(B) of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the For Relations Authorization, Fiscal Years 1988 and 1989).6

“Material support or resources” is defined as:

any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials ....

18 U.S.C § 2339A(b)(1).

In order to convict a particular defendant of conspiracy to provide material support to a foreign terrorist organization, as alleged in Count One, the United States must prove beyond a reasonable doubt the following elements: (1) two or more persons entered into an agreement that had as its objective providing material support or resources to a foreign terrorist organization in violation of 18 U.S.C. § 2339B; (2) the defendant knew that the objective of the agreement or the means by which it was to be accomplished was unlawful; and (3) the defendant knowingly and voluntarily became a part of that agreement. See U.S. v. Jimenez Recio,

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Bluebook (online)
217 F. Supp. 3d 882, 2016 U.S. Dist. LEXIS 153709, 2016 WL 6573959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jama-vaed-2016.