McHenry County Blog

A press release from the U.S. Attorney’s Office:

DAVID COLEMAN HEADLEY SENTENCED TO 35 YEARS IN PRISON FOR ROLE IN INDIA AND DENMARK TERROR PLOTS

CHICAGO — DAVID COLEMAN HEADLEY, a U.S. citizen partly of Pakistani descent, was sentenced today to 35 years in prison for a dozen federal terrorism crimes relating to his role in planning the November 2008 terrorist attacks in Mumbai, India and a subsequent proposed attack on a newspaper in Denmark.

Headley pleaded guilty in March 2010 to all 12 counts that were brought against him following his arrest in October 2009 as he was about to leave the country.

Immediately after his arrest, Headley began cooperating with authorities.

Headley, 52, was ordered to serve 35 years, followed by five years of supervised release by U.S. District Judge Harry Leinenweber. There is no federal parole and defendants must serve at least 85 percent of their sentence.

“Mr. Headley is a terrorist,” Judge Leinenweber said in imposing the sentence.

“There is little question that life imprisonment would be an appropriate punishment for Headley’s incredibly serious crimes but for the significant value provided by his immediate and extensive cooperation,” the government argued in seeking a sentence of 30 to 35 years.

In pleading guilty and later testifying for the government at the trial of a co-defendant, Headley admitted that he attended training camps in Pakistan operated by Lashkar e Tayyiba, a terrorist organization operating in that country, on five separate occasions between 2002 and 2005.

In late 2005, Headley received instructions from three members of Lashkar to travel to India to conduct surveillance, which he did five times leading up to the Mumbai attacks in 2008 that killed approximately 164 people, including six Americans, and wounded hundreds more.

Headley’s plea agreement in March 2010 stated that he “has provided substantial assistance to the criminal investigation, and also has provided information of significant intelligence value.”

In consideration of Headley’s past cooperation and anticipated future cooperation, which would include debriefings for the purpose of gathering intelligence and national security information, as well as testifying in any foreign judicial proceedings held in the United States by way of deposition, video-conferencing or letters rogatory, the Attorney General of the United States authorized the U.S. Attorney’s Office not to seek the death penalty.

“Today’s sentence is an important milestone in our continuing efforts to hold accountable those responsible for the Mumbai terrorist attacks and to achieve justice for the victims. Our investigations into Mumbai attacks and the Denmark terror plot are ongoing and active. I thank the many agents, analysts and prosecutors responsible for this investigation and prosecution,” said Lisa Monaco, Assistant Attorney General for National Security.

Headley was convicted of

• conspiracy to bomb public places in India;
• conspiracy to murder and maim persons in India;
• six counts of aiding and abetting the murder of U.S. citizens in India;
• conspiracy to provide material support to terrorism in India;
• conspiracy to murder and maim persons in Denmark;
• conspiracy to provide material support to terrorism in Denmark; and
• conspiracy to provide material support to Lashkar.

According to Headley’s guilty plea and testimony, he attended the following training camps operated by Lashkar:

• a three-week course starting in February 2002 that provided indoctrination on the merits of waging jihad;
• a three-week course starting in August 2002 that provided training in the use of weapons and grenades;
• a three-month course starting in April 2003 that taught close combat tactics, the use of weapons and grenades, and survival skills;
• a three-week course starting in August 2003 that taught counter-surveillance skills; and
• a three-month course starting in December 2003 that provided combat and tactical training.

Mumbai Terror Attacks

After receiving instructions in late 2005 to conduct surveillance in India, Headley changed his given name from Daood Gilani in February 2006 in Philadelphia to facilitate his activities on behalf of Lashkar by portraying himself in India as an American who was neither Muslim nor Pakistani. In the early summer of 2006, Headley and two Lashkar members discussed opening an immigration office in Mumbai as a cover for his surveillance activities.

Headley eventually made five extended trips to Mumbai —

• in September 2006,
• February and September 2007, and
• April and July 2008 —

each time making videotapes of various potential targets, including those attacked in November 2008.

Before each trip, Lashkar members and associates instructed Headley regarding specific locations where he was to conduct surveillance. After each trip, Headley traveled to Pakistan to meet with Lashkar members and associates, report on the results of his surveillance, and provide the surveillance videos.

Before the April 2008 surveillance trip, Headley and co-conspirators in Pakistan discussed potential landing sites in Mumbai for a team of attackers who would arrive by sea. Headley returned to Mumbai with a global positioning system device and took boat trips around the Mumbai harbor and entered various locations into the device.

Between Nov. 26 and 28, 2008, 10 attackers trained by Lashkar carried out multiple assaults with firearms, grenades and improvised explosive devices against multiple targets in Mumbai, including the Taj Mahal and Oberoi hotels, the Leopold Café, the Chabad House and the Chhatrapati Shivaji Terminus train station, each of which Headley had scouted in advance, killing approximately 164 victims and wounding hundreds more.

The six Americans killed during the siege were Ben Zion Chroman, Gavriel Holtzberg, Sandeep Jeswani, Alan Scherr, his daughter Naomi Scherr, and Aryeh Leibish Teitelbaum.

In March 2009, Headley made a sixth trip to India to conduct additional surveillance, including of the National Defense College in Delhi, and of Chabad Houses in several cities.

Denmark Terror Plot

Regarding the Denmark terror plot, Headley admitted and testified that in early November 2008, he was instructed by a Lashkar member in Pakistan, to conduct surveillance of the Copenhagen and Aarhus offices of the Danish newspaper Morgenavisen Jyllands-Posten in preparation for an attack in retaliation for the newspaper’s publication of cartoons depicting the Prophet Mohammed. After this meeting,

Headley informed co-defendant Abdur Rehman Hashim Syed (Abdur Rehman), also known as “Pasha,” of his assignment. Abdur Rehman told Headley words to the effect that if Lashkar did not go through with the attack, Abdur Rehman knew someone who would. Although not identified by name at the time, Headley later learned this individual was co-defendant Ilyas Kashmiri. Abdur Rehman previously told Headley that he was working with Kashmiri and that Kashmiri was in direct contact with a senior leader of Al Qaeda.

While in Chicago in late December 2008 and early January 2009, Headley exchanged emails with Abdur Rehman to continue planning for the attack and to coordinate his travel to Denmark to conduct surveillance. In January 2009, at Lashkar’s direction, Headley traveled from Chicago to Copenhagen to conduct surveillance of the Jyllands-Posten newspaper offices in Copenhagen and Aarhus and scouted and videotaped the surrounding areas.

In late January 2009, Headley met separately with Abdur Rehman and a Lashkar member in Pakistan, discussed the planned attack on the newspaper, and provided them with videos of his surveillance. About the same time, Abdur Rehman provided Headley a video produced by the media wing of Al Qaeda in approximately August 2008, which claimed credit for the June 2008 attack on the Danish embassy in Islamabad, Pakistan, and called for further attacks against Danish interests to avenge the publication of the offending cartoons.

In February 2009, Headley and Abdur Rehman met with Kashmiri in the Waziristan region of Pakistan, where they discussed the video surveillance and ways to carry out the attack. Kashmiri told Headley that he could provide manpower for the operation and that Lashkar’s participation was not necessary.

In March 2009, a Lashkar member advised Headley that Lashkar put the newspaper attack on hold because of pressure resulting from the Mumbai attacks. In May 2009, Headley and Abdur Rehman again met with Kashmiri in Waziristan.

Kashmiri told Headley to meet with a European contact who could provide Headley with money, weapons and manpower for the Denmark attack, and relate Kashmiri’s instructions that this should be a suicide attack and the attackers should prepare martyrdom videos beforehand. Kashmiri also stated that the attackers should behead captives and throw their heads on to the street in Copenhagen to heighten the response from Danish authorities, and added that the “elders,” whom Headley understood to be Al Qaeda leadership, wanted the attack to happen as soon as possible.

In late July and early August 2009, Headley traveled from Chicago to various places in Europe, and met with and attempted to obtain assistance from Kashmiri’s contacts and, while in Copenhagen, he made approximately 13 additional surveillance videos. When he returned to the United States on Aug. 5, 2009, Headley falsely told a U.S. Customs and Border Protection inspector in Atlanta that he had visited Europe for business reasons. On Oct. 3, 2009, Headley was arrested at O’Hare International Airport in Chicago, intending ultimately to travel to Pakistan to deliver the approximately 13 surveillance videos to Abdur Rehman and Kashmiri.

One of Headley’s co-defendants, Tahawwur Rana, 52, of Chicago, was sentenced last week to 14 years in prison for conspiracy to provide material support to the Denmark terror plot and providing material support to Lashk

The government is being represented by Assistant U.S. Attorneys Daniel Collins and Sarah E. Streicker, with assistance from the Counterterrorism Section of the Justice Department’s National Security Division. Federal prosecutors in Los Angeles have worked on a broader investigation of the Mumbai attacks. The investigation was conducted by the Chicago Joint Terrorism Task Force, led by the Chicago Office of the Federal Bureau of Investigation, with assistance from FBI offices in Los Angeles, Philadelphia, and Washington, D.C., as well as both U.S. Customs and Border Protection and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

A press release from the U.S. Attorney’s Office:

TAHAWWUR RANA SENTENCED TO 14 YEARS IN PRISON FOR SUPPORTING PAKISTANI TERROR GROUP AND TERROR PLOT IN DENMARK

CHICAGO — A Pakistani native who operated a Chicago-based immigration business was sentenced today to 14 years in prison for conspiracy to provide material support to a terrorist plot in Denmark and providing material support to Lashkar e Tayyiba, a terrorist organization operating in Pakistan that was responsible for the November 2008 attacks in Mumbai, India. The defendant, TAHAWWUR HUSSAIN RANA, was convicted of the charges on June 9, 2011, following a three-week trial in U.S. District Court.

Rana, 52, a Canadian citizen, was ordered to serve 14 years, followed by five years of supervised release by U.S. District Judge Harry Leinenweber.

“This certainly was a dastardly plot,” Judge Leinenweber said in imposing the sentence.

Rana was convicted of conspiracy to provide material support to a plot from October 2008 to October 2009 to commit murder in Denmark, including a horrific plan to behead employees of Morgenavisen Jyllands-Posten, a Danish newspaper, and throw their heads on to the street in Copenhagen, as well as providing material support, from late 2005 to October 2009, to Lashkar, a militant jihadist organization operating in Pakistan.

Lashkar planned and carried out the November 2008 attacks in Mumbai that killed more than 160 people, including six Americans, before initially planning the terrorist attack in Denmark in retaliation for the newspaper’s publication of cartoons depicting the Prophet Mohammed.

Rana was acquitted of conspiracy to provide material support to the Mumbai attacks.

“This serious prison sentence should go a long way towards convincing would-be terrorists that they can’t hide behind the scenes, lend support to the violent aims of terrorist organizations, and escape detection and punishment,” said Gary S. Shapiro, Acting United States Attorney for the Northern District of Illinois.

“Today’s sentence demonstrates that, just as vigorously as we pursue terrorists and their organizations, we will also pursue those who facilitate their violent plots from a safe distance. As established at trial, Tahawwur Rana provided critical support to David Headley and other terrorists from his base in the United States, knowing they were plotting attacks overseas. I thank the many agents, analysts and prosecutors who helped bring about today’s result,” said Lisa Monaco, Assistant Attorney General for National Security.

“It is my hope that the judge’s decision today sends a message to those who plot attacks and those who provide the support to make the plots possible, both here and abroad, that you will be held accountable for your actions. Our mission, detecting and preventing terrorist acts and eliminating the enabling support provided by terrorist sympathizers, remains our top priority,” said Cory B. Nelson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.

Rana is one of two defendants to be convicted, among a total of eight defendants who have been indicted, in this case since late 2009.

Co-defendant David Coleman Headley, 52, pleaded guilty in March 2010 to 12 terrorism charges, including aiding and abetting the murders of the six Americans in Mumbai. Headley, who is scheduled to be sentenced next Thursday, has cooperated with the Government since he was arrested in October 2009, and testified as a Government witness at Rana’s trial. He is facing a maximum of life in prison

The evidence at Rana’s trial showed that he knew he was assisting a terrorist organization and murderers, knew their violent goals, and readily agreed to play an essential role in achieving their aims.

The government contended that Rana knew the objective of his co-conspirators was to retaliate against and influence the Danish government for its perceived role in the publication of the Prophet Mohammed cartoons, and he knew that the goal of Lashkar was to retaliate against and influence the Indian and Danish governments and intended that the support he provided – enabling Headley’s activities – would be used toward that purpose.

In a post-arrest statement in October 2009, Rana admitted knowing that Lashkar was a terrorist organization and that Headley had attended training camps that Lashkar operated in Pakistan.

Headley testified that he attended the training camps on five separate occasions between 2002 and 2005.

In late 2005, Headley received instructions from members of Lashkar to travel to India to conduct surveillance, which he did five times leading up to the Mumbai attacks three years later that killed more than 160 people and wounded hundreds more.

In the early summer of 2006, Headley and two Lashkar members discussed opening an immigration office in Mumbai as a cover for his surveillance activities.

Headley testified that he traveled to Chicago and advised Rana, his long-time friend since the time they attended high school together in Pakistan, of his assignment to scout potential targets in India.

Headley obtained approval from Rana, who owned First World Immigration Services in Chicago and elsewhere, to open a First World office in Mumbai as cover for his activities.

Rana directed an individual associated with First World to prepare documents supporting Headley’s cover story, and advised Headley how to obtain a visa for travel to India, according to Headley’s testimony, as well as emails and other documents that corroborated his account.

Between Nov. 26-28, 2008, 10 attackers trained by Lashkar carried out multiple assaults with firearms, grenades and improvised explosive devices against multiple targets in Mumbai, some of which Headley had scouted in advance.

Regarding the Denmark terror plot, Headley testified that in the fall of 2008, he met with a Lashkar member in Karachi, Pakistan, and was instructed to conduct surveillance of the Jyllands-Posten newspaper offices in Copenhagen and Aarhus.

In late 2008 and early 2009, after reviewing with Rana how he had performed surveillance of the targets attacked in Mumbai, Headley testified that he advised Rana of the planned attack in Denmark and his intended travel there to conduct surveillance of the newspaper’s facilities.

Headley obtained Rana’s approval and assistance to identify himself as a representative of First World and gain access to the newspaper’s offices by falsely expressing interest in placing advertising for First World in the newspaper.

Headley and Rana caused business cards to be made that identified Headley as a representative of the Immigration Law Center, the business name of First World, according to the evidence at trial.

The trial evidence also included transcripts of recorded conversations, including those in September 2009, when Headley and Rana spoke about reports that a co-defendant, Ilyas Kashmiri, an alleged Pakistani terrorist leader, had been killed and the implications of his possible death for the plan to attack the newspaper.

In other conversations, Rana told Headley that the attackers involved in the Mumbai attacks should receive Pakistan’s highest posthumous military honors.

In the late summer of 2009, Rana and Headley agreed that funds that had been provided to Rana could be used to fund Headley’s work in Denmark, and the evidence showed that Rana, pretended to be Headley in sending an email to the Danish newspaper.

The government is being represented by Assistant U.S. Attorneys Daniel Collins and Sarah E. Streicker, with assistance from the Counterterrorism Section of the Justice Department’s National Security Division.

Federal prosecutors in Los Angeles have worked on a broader investigation of the Mumbai attacks. The investigation has been conducted by the Chicago Joint Terrorism Task Force, led by the Chicago Office of the Federal Bureau of Investigation, with assistance from FBI offices in Los Angeles, New York and Washington, D.C., as well as both U.S. Customs and Border Protection and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

The following press release arrived from the U.S. Attorney’s Office in Chicago:

CHICAGO MAN CHARGED WITH PROVIDING MATERIAL SUPPORT
TO AL QAEDA BY ATTEMPTING TO SEND FUNDS OVERSEAS

CHICAGO — A Chicago man who claims to be acquainted with an alleged terrorist leader in Pakistan was arrested today on federal charges of providing material support to a foreign terrorist organization for allegedly attempting to provide funds overseas to al Qaeda, federal law enforcement officials announced.

Although the defendant, Raja Lahrasib Khan, a Chicago taxi driver and native of Pakistan who became a naturalized U.S. citizen in 1988, allegedly discussed attacking a stadium in the United States this summer, there was no imminent domestic danger, officials said.

The investigation leading to Khan’s arrest is unrelated to a separate investigation that resulted  in federal terrorism charges against Chicagoans Tahawwur Hussain Rana and David Coleman Headley in connection with the 2008 terror attacks in Mumbai and a plot to attack targets in Denmark, the officials added.

Khan, 56, of the city’s north side, was charged with two counts of providing material support to terrorism in a criminal complaint that was filed yesterday in U.S. District Court in Chicago and unsealed today following his arrest, announced Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.  The investigation is continuing, they said.

Khan was arrested this morning while working in downtown Chicago without incident by the Chicago FBI’s Joint Terrorism Task Force.  He was scheduled to appear at 3:30 p.m. today before U.S. Magistrate Judge Geraldine Soat Brown in Federal Court in Chicago.

“While there was no imminent danger in the Chicago area or elsewhere, these charges, once again, affirm that law enforcement must remain constantly vigilant to guard against domestic support of foreign terrorist organizations.  I am deeply grateful to the FBI agents and other members of the Joint Terrorism Task Force for their extremely hard work on this matter,”

said Mr. Fitzgerald.

Mr. Grant said:

“Over the past six months, FBI-led Joint Terrorism Task Forces across the country have disrupted plots, charged and apprehended a number of individuals and secured significant intelligence, which has been of benefit here and to our allies overseas.

“Notable as most of these successes have been, it also illustrates the reality of the environment we face today, along with the critical responsibility domestic law enforcement agencies and intelligence services have in protecting the public from the violent designs of others.

“It is a complex threat that we face and we are pleased with the results today.”

“Today’s arrest and charges are the result of an outstanding cooperative law enforcement and intelligence effort and underscore the domestic and international aspects of the terror threat we face,” said David Kris, Assistant Attorney General for National Security.

According to a 35-page complaint affidavit, by at least 2008, Khan, who claims to have known Ilyas Kashmiri for approximately 15 years, learned that Kashmiri was working with al Qaeda, and that Kashmiri was purportedly receiving orders from al Qaeda’s leader, Osama bin Laden.

According to Khan, during his meeting or meetings with Kashmiri, among other things, Khan learned that Kashmiri wanted to train operatives to conduct attacks in the United States; Kashmiri showed Khan a video depicting the detonation of an improvised explosive device; and  Kashmiri told Khan that he needed money, in any amount, to be able to purchase materials from the “black market.”

The complaint identifies Kashmiri as the leader in Kashmir of Harakat ul-Jihad-I-Islami (HUJI), a Sunni extremist group located in Pakistan and Kashmir with links to al Qaeda.

In a reported interview last October, Kashmiri purportedly said that he had joined forces with al Qaeda.  In January 2010, Kashmiri, together with a former Pakistani military officer, Rana and Headley, were indicted in Chicago for their alleged roles in a conspiracy to murder and maim persons in a planned attack against the facilities and employees of the Danish newspaper Morgenavisen Jyllands-Posten, in Denmark, as retribution for the publication of cartoons that depicted the Prophet Mohammed.

The charges against Khan allege that on Nov. 23, 2009, he sent a money transfer of approximately $950 from a currency exchange located on North LaSalle Street in Chicago to Individual A, who was in either Mirpur or Bhimber, in Pakistan.

Khan later spoke with Individual A by telephone and instructed him to give “Lala” 25,000 Pakistani rupees (approximately $300) of the money he had sent.  According to the affidavit, Khan told an undercover agent that “Lala,” which means “older brother” in Urdu, is a nickname Khan uses to refer to Kashmiri, who he told the agent he had met most recently in 2008 in Miran Shah in northwest Pakistan.

Khan also told the agent that Khan believed that his telephones were being monitored, and if Khan or the undercover agent were ever questioned about their discussions regarding “Lala,” they should claim to have been referring to Khan’s actual older brother.

Just two weeks ago, on March 11, Khan and an associate, identified as “Individual B,” allegedly had a discussion during which they appeared to talk about attacking a stadium in the United States in “August.”

Among other things, Khan described that bags containing remote controlled bombs could be placed in several different locations, and then

“boom, boom, boom, boom.”

Khan further said that he would ask “Lala” [Kashmiri] to teach him how to conduct such an attack, the complaint alleges.  However, there are no allegations that Khan either knew Kashmiri’s current whereabouts or had yet discussed his stadium plan with him.

On March 17, after agreeing to personally deliver to Kashmiri any funds that the undercover agent wanted to provide, Khan allegedly accepted $1,000 (ten $100 bills) from the agent.

The complaint states that Khan accepted these funds after having had prior conversations with the undercover agent in which:

• Khan confirmed that Kashmiri was working with al Qaeda;
• Khan assured that Kashmiri would use the undercover agent’s funds to purchase weapons and, possibly, other supplies;
• Khan assured that he had provided Kashmiri with money in the past, including in approximately December 2009; and
• Khan discussed the possibility of having his son transport the money from the United States to England, where Khan would rendezvous with his son, retrieve the money, and deliver it to Kashmiri in Pakistan.

On March 23, government agents at Chicago’s O’Hare International Airport came into contact with Khan’s son, who was traveling to England.  During this contact, agents discovered that Khan’s son possessed seven of the ten $100 bills that the undercover agent had given to Khan, according to the affidavit.

Each count of providing material support to a foreign terrorist organization carries a maximum penalty of 15 years in prison and a $250,000 fine.  If convicted, the court is required to impose a reasonable sentence under the advisory United States Sentencing Guidelines.

The ongoing investigation is being conducted by the Chicago FBI Joint Terrorism Task Force, with particular assistance from the Chicago Police Department, the Illinois State Police, and the Department of Homeland Security’s U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.

The prosecution is being handled by Assistant U.S. Attorneys Christopher Veatch and Steven Dollear, of the Northern District of Illinois, with assistance from the Counterterrorism Section of the Justice Department’s National Security Division.

The public is reminded that a criminal complaint contains mere allegations that are not evidence of guilt.  The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Last December 7th David Coleman Headley was indicted for his role in the Thanksgiving Week, 2008, terrorism in Mumbai, India.

The Skinner family sat in their Disney World Pop Century hotel room watching developments.

Now just a little over three months after charges were filed, Headley has plead guilty. The U.S. Attorney’s press release follows:

CHICAGO RESIDENT DAVID COLEMAN HEADLEY PLEADS GUILTY
TO ROLE IN INDIA AND DENMARK TERRORISM CONSPIRACIES

Admits conducting surveillance
for Lashkar e Tayyibain
planning 2008 Mumbai attacks

CHICAGO — David Coleman Headley, a U.S. citizen partly of Pakistani descent, pleaded guilty today to a dozen federal terrorism charges, admitting that he participated in planning the November 2008 terrorist attacks in Mumbai, India, as well as later planning to attack a Danish newspaper.

CHICAGOAN DAVID HEADLEY CHARGED WITH CONSPIRACY IN 2008 MUMBAI ATTACKS IN ADDITION TO FOREIGN TERROR PLOT IN DENMARK

Additional charges unsealed alleging retired Pakistani major conspired in Danish plot

In pleading guilty to all 12 counts that were brought against him in December and were repeated in a subsequent indictment in January, Headley admitted that he attended training camps in Pakistan operated by Lashkar e Tayyiba, a designated foreign terrorist organization, on five separate occasions between 2002 and 2005.  In late 2005, Headley received instructions from three members of Lashkar to travel to India to conduct surveillance, which he did five times leading up to the Mumbai attacks three years later that killed six Americans among approximately 164 people and wounded hundreds more.

A written plea agreement containing a detailed recitation of Headley’s participation in the foreign terrorism conspiracies was presented when Headley, 49, of Chicago, changed his plea to guilty this afternoon before U.S. District Judge Harry Leinenweber in Federal Court in Chicago.  Headley has cooperated with the Government since he was arrested on Oct. 3, 2009, and the plea agreement states that he  “has provided substantial assistance to the criminal investigation, and also has provided information of significant intelligence value.”

In light of Headley’s past cooperation and expected future cooperation, the Attorney General of the United States has authorized the United States Attorney in Chicago not to seek the death penalty against Headley.  When directed by the U.S. Attorney’s Office, Headley must fully and truthfully participate in any debriefings for the purpose of gathering intelligence or national security information, and Headley further agrees that, when directed by the United States Attorney’s Office, he will fully and truthfully testify in any foreign judicial proceedings held in the United States by way of deposition, video-conferencing or letters rogatory.

Regarding sentencing, which will be deferred until after the conclusion of Headley’s cooperation, the plea agreement calculates an anticipated advisory sentencing guideline of life imprisonment.  Provided that Headley continues to provide full and truthful cooperation, the Government will ask the Court to grant an unspecified departure from the sentencing guidelines, which will be solely up to the Court to decide.

“Today’s guilty plea is a crucial step forward in our efforts to achieve justice for the more than 160 people who lost their lives in the Mumbai terrorist attacks.  Working with our domestic and international partners, we will not rest until all those responsible for the Mumbai attacks and the terror plot in Denmark are held accountable,” said Attorney General Eric Holder.  “Not only has the criminal justice system achieved a guilty plea in this case, but David Headley is now providing us valuable intelligence about terrorist activities.  As this case demonstrates, we must continue to use every tool available to defeat terrorism both at home and abroad.”

Headley pleaded guilty to conspiracy to bomb public places in India; conspiracy to murder and maim persons in India; six counts of aiding and abetting the murder of U.S. citizens in India; conspiracy to provide material support to terrorism in India; conspiracy to murder and maim persons in Denmark; conspiracy to provide material support to terrorism in Denmark; and conspiracy to provide material support to Lashkar.

According to the plea agreement, Headley attended the following training camps operated by Lashkar:

• a three-week course starting in February 2002 that provided indoctrination on the merits of waging jihad;
• a three-week course starting in August 2002 that provided training in the use of weapons and grenades;
• a three-month course starting in April 2003 that taught close combat tactics, the use of weapons and grenades, and survival skills;
• a three-week course starting in August 2003 that taught counter-surveillance skills; and
• a three-month course starting in December 2003 that provided combat and tactical training.

Mumbai Terror Attacks

After receiving instructions from three Lashkar members in late 2005 to travel to India to conduct surveillance, in February 2006, in Philadelphia, Headley changed his name from Daood Gilani to facilitate his activities on behalf of Lashkar by portraying himself in India as an American who was neither Muslim nor Pakistani.  In the early summer of 2006, Headley and two Lashkar members discussed opening an immigration office in Mumbai as a cover for his surveillance activities.

Headley eventually made five extended trips to Mumbai — in September 2006, February and September 2007, and April and July 2008 — each time making videotapes of various potential targets, including those attacked in November 2008.  Before each trip, Lashkar members and associates allegedly instructed Headley regarding specific locations where he was to conduct surveillance, and Headley traveled to Pakistan after each trip to meet with Lashkar members and associates, report on the results of his surveillance, and provide the surveillance videos.

Before the April 2008 surveillance trip, Headley met with co-conspirators in Pakistan and discussed potential landing sites in Mumbai for a team of attackers who would arrive by sea.  Headley returned to Mumbai with a global positioning system device and took boat trips around the Mumbai harbor and entered various locations into the device, according to the plea agreement.

Starting Nov. 26, 2008, and continuing through Nov. 28, 2008, 10 attackers trained by Lashkar carried out multiple assaults with firearms, grenades and improvised explosive devices against multiple targets in Mumbai, including the Taj Mahal and Oberoi hotels, the Leopold Café, the Chabad House and the Chhatrapati Shivaji Terminus train station, each of which Headley had scouted in advance, killing approximately 164 victims and wounding hundreds more.

The six Americans killed during the three-day siege are identified in the charges as Ben Zion Chroman, Gavriel Holtzberg, Sandeep Jeswani, Alan Scherr, his daughter Naomi Scherr, and Aryeh Leibish Teitelbaum.

In March 2009, Headley made a sixth trip to India to conduct additional surveillance, including of the National Defense College in Delhi, and of Chabad Houses in several cities.

Denmark Terror Plot

Regarding the Denmark terror plot, Headley admitted that in early November 2008, he met with a Lashkar member in Karachi, Pakistan, and was instructed to conduct surveillance of the Copenhagen and Aarhus offices of the Danish newspaper Morgenavisen Jyllands-Posten in preparation for an attack in retaliation for the newspaper’s publication of cartoons depicting the Prophet Mohammed.

After this meeting, Headley informed co-defendant Abdur Rehman Hashim Syed (Abdur Rehman), also known as “Pasha,” of his assignment.  Abdur Rehman stated to Headley words to the effect that if Lashkar did not go through with the attack, Abdur Rehman knew someone who would.  Although not identified by name at the time, Headley later learned this individual to be co-defendant Ilyas Kashmiri.  Abdur Rehman previously had told Headley that he had been working with Kashmiri and that Kashmiri was in direct contact with a senior leader for Al Qaeda, the plea agreement states.

In late December 2008 and early January 2009, while in Chicago, Headley exchanged emails with Abdur Rehman to continue planning for the attack and to coordinate his travel to Denmark to conduct surveillance.

In January 2009, Headley traveled from Chicago to Copenhagen to conduct surveillance of the Jyllands-Posten newspaper offices in Copenhagen and Aarhus and scouted and videotaped the surrounding areas.

In late January 2009, Headley met separately with Abdur Rehman and a Lashkar member in Pakistan to discuss the planned attack on the newspaper and provided them with videos of his surveillance.  About the same time, Abdur Rehman provided Headley a video produced by the media wing of Al Qaeda in  approximately August 2008, which claimed credit for the June 2008 attack on the Danish embassy in Islamabad, Pakistan, and called for further attacks against Danish interests to avenge the publication of the offending cartoons.

In February 2009, Headley and Abdur Rehman meet with Kashmiri in the Waziristan region of Pakistan, where they discussed the video surveillance and ways to carry out the attack.  Kashmiri told Headley that he could provide manpower for the operation and that Lashkar’s participation was not necessary.

In March 2009, a Lashkar member advised Headley that Lashkar put the newspaper attack on hold because of pressure resulting from the Mumbai attacks.  In May 2009, Headley and Abdur Rehman again met with Kashmiri in Waziristan.  Kashmiri told Headley to meet with a European contact who could provide Headley with money, weapons and manpower for the newspaper attack, and relate Kashmiri’s instructions that this should be a suicide attack and the attackers should prepare martyrdom videos beforehand.  Kashmiri also stated that the attackers should behead captives and throw their heads out of the newspaper building to heighten the response from Danish authorities, and added that the “elders,” whom Headley understood to be Al Qaeda leadership, wanted the attack to happen as soon as possible.

In late July and early August 2009, Headley traveled from Chicago to various places in Europe, and met with and attempted to obtain assistance from Kashmiri’s contacts and, while in Copenhagen, he made approximately 13 additional surveillance videos.  When he returned to the United States on Aug. 5, 2009, Headley falsely told a U.S. Customs and Border Protection inspector in Atlanta that he had visited Europe for business reasons.

After returning to Chicago, Headley spoke with Abdur Rehman by phone  and, using code, described his surveillance activities and his meeting with Kashmiri’s European contact.  On multiple occasions throughout August and September 2009, Headley communicated with Abdur Rehman about planning the attack and media reports that Kashmiri had been killed.  On Oct. 3, 2009, Headley was arrested at O’Hare International Airport in Chicago, intending ultimately to travel to Pakistan to deliver the approximately 13 surveillance videos to Abdur Rehman and Kashmiri, the plea agreement states.

One of Headley’s co-defendants, Tahawwur Rana, 49, of Chicago, who was indicted in January on three counts — conspiracy to provide material support to the Mumbai attacks; conspiracy to provide material support to the Denmark plot; and providing material support to Lashkar — has pleaded not guilty and remains in federal custody in Chicago while awaiting trial.  Abdur Rehman and Kashmiri, who were charged in the same indictment with conspiracy to murder and maim persons in Denmark and providing material support to the Denmark plot, are not in U.S. custody.

The government is being represented by Chicago Assistant U.S. Attorneys Daniel Collins and Victoria J. Peters and Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois,  as well as Los Angeles Assistant U.S. Attorneys Christopher Grigg and Janet Hudson of the U.S. Attorney’s Office for the Central District of California, with assistance from the Counterterrorism Section of the Justice Department’s National Security Division.  The investigation has been conducted by the Chicago Joint Terrorism Task Force, led by the Chicago Office of the Federal Bureau of Investigation, with assistance from the FBI offices in Los Angeles and Washington, D.C., as well as both U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, Department of Homeland Security.

McHenry County Blog doesn’t usually look at terrorist plots unless they are in Illinois.

In this case, for the Skinner family, it’s a two-for.

We were in Disney World for Thanksgiving week when the western hotel in Mumbai, India (know as Bombay to those of us out of school a long time ago) was attacked. That’s pretty much all that was on CNN.

Now, a U.S. citizen from Chicago, a participant in the plots, is cooperating with Federal authorities, according to the press release from the Chicago U.S. Attorney’s Office, which is below.

Now named David Headley, until February 15, 2008, he was known as Daood Gilani. He changed his name in order to present himself in India, where he scoped out the Taj Mahal and Oberoi hotels and other potential targets, as an American who was neither Muslim nor Pakistani. He was a member of Lashkar, the “Army of the Good.”

CHICAGOAN DAVID HEADLEY CHARGED WITH CONSPIRACY IN 2008 MUMBAI ATTACKS IN ADDITION TO FOREIGN TERROR PLOT IN DENMARK

Additional charges unsealed alleging retired Pakistani major conspired in Danish plot

CHICAGO — New federal charges filed today allege that a Chicago man, who was arrested in October for planning terrorist attacks against a Danish newspaper and two of its employees, also conducted extensive surveillance of targets in Mumbai for more than two years preceding the November 2008 terrorist attack on India’s largest city that killed approximately 170 people, including six Americans, and injured hundreds more.

The defendant, David Coleman Headley, a U.S. citizen, earlier this decade allegedly attended terrorism training camps in Pakistan maintained by Lashkar e Tayyiba (Lashkar), and conspired with its members and others in planning and executing the attacks in both Denmark and India, federal law enforcement officials announced today.

Also today, a criminal complaint was unsealed in Federal Court in Chicago charging Abdur Rehman Hashim Syed (Abdur Rehman), a retired major in the Pakistani military, with conspiracy in planning to attack the Danish newspaper and its employees.

Another Chicago man, Tahawwur Hussain Rana, a Canadian citizen and native of Pakistan, was arrested in October on federal charges filed in Chicago relating to the Danish terrorism plot.

Through his attorneys, Headley has authorized the Justice Department to disclose that he is cooperating in the ongoing investigation of both the Danish and Indian terror plots. He has remained in federal custody without bond since he was arrested in Chicago on Oct. 3, 2009. No date has been set yet for his arraignment in U.S. District Court in Chicago.

Headley, 49, was charged in a 12-count criminal information with six counts of conspiracy to bomb public places in India, to murder and maim persons in India and Denmark, to provide material support to foreign terrorist plots, and to provide material support to Lashkar, and six counts of aiding and abetting the murder of U.S. citizens in India.

The charges were announced by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The U.S. Attorney’s Office for the Central District of California and the FBI’s offices in Los Angeles and Washington, D.C., are also participating in the case.

“This investigation remains active and ongoing. The team of prosecutors and agents will continue to seek charges against the other persons responsible for these attacks. I continue to express my deep appreciation to the FBI agents and other members of the Joint Terrorism Task Force for their extremely hard work on this matter,” said Mr. Fitzgerald.

“This case serves as a reminder that the terrorist threat is global in nature and requires constant vigilance at home and abroad,” said David Kris, Assistant Attorney General for National Security. “We continue to share leads developed in this investigation with our foreign and domestic law enforcement partners as we work together on this important matter.”

FBI Director Robert S. Mueller, III, said: “This case illustrates the importance of continued global cooperation to combat terrorism around the world. The FBI continues to strengthen relationships and to foster collaboration with our international partners to best ensure our collective ability to identify and disrupt international terror networks.”

Mumbai Terror Attacks

According to the charges, after learning from members of Lashkar in late 2005 that he would be traveling to India to perform surveillance for Lashkar, Headley changed his name from Daood Gilani on Feb. 15, 2006, in Philadelphia, in order to present himself in India as an American who was neither Muslim nor Pakistani. He later made five extended trips to Mumbai — in September 2006, February and September 2007, and April and July 2008 — each time taking pictures and making videotapes of various targets, including those attacked in November 2008.

Starting Nov. 26, 2008, and continuing through Nov. 28, 2008, 10 attackers trained by Lashkar carried out multiple assaults with firearms, grenades and improvised explosive devices against multiple targets in Mumbai, including the Taj Mahal and Oberoi hotels, the Leopold Café, the Nariman House and the Chhatrapati Shivaji Terminus train station, each of which Headley allegedly had scouted in advance, killing approximately 170 victims.

The six Americans killed during the three-day siege are identified in the charges as Ben Zion Chroman, Gavriel Holtzberg, Sandeep Jeswani, Alan Scherr, his daughter Naomi Scherr, and Aryeh Leibish Teitelbaum.

Lashkar (the “Army of the Good”) operated in Pakistan for the principal purpose of fighting to separate from India portions of the Indian state of Jammu and Kashmir. It was designated by the United States as a foreign terrorist organization on Dec. 26, 2001. Headley allegedly attended Lashkar training camps in Pakistan that began in February and August 2002 and August and December 2003.

After being tasked in late 2005 with gathering surveillance in Mumbai and changing his name in early 2006, the charges allege that Headley traveled to Chicago in June 2006 and advised a person identified in the charges as Individual A of his assignment. Headley obtained Individual A’s approval to open an office of First World Immigration Services in Mumbai in 2006 as cover for his surveillance activities, the charges allege.

Headley allegedly misrepresented his birth name, father’s true name and the purpose of his travel in his visa application.
After each trip that Headley took to India between September 2006 and July 2008, he allegedly returned to Pakistan, met with other co-conspirators and provided them with photographs, videos and oral descriptions of various locations.

In March 2008, Headley and his co-conspirators discussed potential landing sites for a team of attackers who would arrive by sea in Mumbai, and he was instructed to take boat trips in and around the Mumbai harbor and take surveillance video, which he did during his visit to India starting in April 2008, the charges allege.

At various times, Headley allegedly conducted surveillance of other locations in Mumbai and elsewhere in India of facilities and locations that were not attacked in November 2008, including the National Defense College in Delhi, India.

Denmark Terror Plot

Regarding the Denmark terror plot, Headley allegedly conspired between October 2008 and Oct. 3, 2009, with Ilyas Kashmiri, as well as a person identified as Individual A, members of Lashkar and others to plan and carry out terrorist attacks, including murder and maiming, against the facilities of the Morgenavisen Jyllands-Posten, a Danish newspaper, and two of its employees, Editor A and Cartoonist A. In 2005, the newspaper published cartoons depicting the Prophet Mohammed, to which many Muslims took great offense.

Mirroring the initial charges filed against Headley in October, today’s charges allege that he met with co-conspirators while he was in Pakistan in late 2008 and discussed planning for the attack, including extensive surveillance work that he would perform.

In late December and early January 2008, after advising Individual A of the planned attack and his intended travel to Denmark to perform surveillance of the newspaper’s facilities, Headley obtained Individual A’s approval and assistance to identify himself as a representative of First World and gain access to the newspaper by falsely  expressing interest in advertising the business in the newspaper.  At the same time, while in Chicago, Headley exchanged emails with co-conspirators to continue planning for the attack and coordinate his travel to Denmark to conduct surveillance.  Before departing Chicago, Headley obtained business cards that identified him as a representative of First World, according to the charges.

Headley allegedly traveled in January 2009 from Chicago to Copenhagen, Denmark, to conduct surveillance of the Jyllands Posten newspaper offices in Copenhagen and Aarhus and videotaped the surrounding areas.

From January through May 2009, Headley met with co-conspirators, including Kashmiri, on multiple occasions in Pakistan to review his surveillance and discuss plans for the attack, the charges allege, adding that Headley traveled in August 2009 from Chicago to Copenhagen to conduct additional surveillance and made approximately 13 videos.

On Oct. 3, 2009, Headley was arrested at O’Hare International Airport in Chicago, intending ultimately to travel to Pakistan to meet with, and deliver, the approximately 13 surveillance videos to co-conspirators, including Kashmiri.

The charges identify Kashmiri as an influential leader of Harakat-ul Jihad Islami (HUJI), an  organization that trained terrorists and executed attacks in the state of Jammu and Kashmir under Indian control and other areas.  Kashmiri based his operations from the Federally Administered Tribal Areas (FATA) of western Pakistan, and area which served as a haven for terrorist organizations, including al Qaeda and the Taliban.  Headley allegedly was introduced to Kashmiri as early as February 2009, and understood that Kashmiri was in regular communication with the senior leadership of al Qaeda.

Abdur Rehman complaint.

The two-count complaint unsealed against Abdur Rehman, which was filed on Oct. 20, 2009,  charges him with conspiracy to murder and maim persons in a foreign country, and providing material support to that foreign terrorism conspiracy.  Abdur Rehman allegedly participated in the planning of a terrorist attack in Denmark, coordinated surveillance of the intended targets, and facilitated communications regarding the surveillance and planning with a member of Lashkar and Kashmiri.

Abdur Rehman, who was not named previously but whose alleged participation was described in the initial charges against Headley and Rana, allegedly played the central role in communicating with Headley and facilitating contacts with other co-conspirators in Pakistan, including members of Lashkar.  During Headley’s trip to Pakistan in January 2009, Abdur Rehman took him to the FATA region of Pakistan to meet with Kashmiri and solicit the participation of Kashmiri and his organization in the planned attack on the Danish newspaper, according to the complaint against Abdur Rehman.  A search of Headley’s luggage when he was arrested revealed a list of phone numbers, including a Pakistani number that he allegedly had used to contact Abdur Rehman.

The count against Headley charging conspiracy to bomb public places in India that resulted in deaths carries a maximum statutory penalty of life imprisonment or death.  All of the other counts  against Headley carry a maximum of life imprisonment, except providing material support to the Denmark terror plot, which carries a maximum prison term of 15 years.

The conspiracy to murder or maim persons in a foreign country charge against Abdur Rehman carries a maximum penalty of life in prison, and the count of conspiracy to provide material support to terrorism carries a maximum sentence of 15 years in prison.

The prosecution of Headley and Abdur Rehman is being handled by Assistant U.S. Attorneys Daniel Collins and Victoria J. Peters from the Northern District of Illinois, with assistance from the Counterterrorism Section of the Justice Department’s National Security Division.  The investigation into the Mumbai attacks is continuing with the active participation of the U.S. Attorney’s Office in Los Angeles.

The public is reminded that criminal charging documents contain mere allegations that are not evidence of guilt.  The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.