Case: United States v. Mohammad

3:15-cr-00358 | U.S. District Court for the Northern District of Ohio

Filed Date: Sept. 30, 2015

Closed Date: Jan. 22, 2019

Clearinghouse coding complete

Case Summary

On September 30, 2015, Yahya Farooq Mohammad, Ibrahim Zubair Mohammad, Asif Ahmed Salim, and Sultane Roome Salim were indicted in U.S. District Court of the Northern District of Ohio for conspiracy to provide and conceal material support and resources to terrorists, for providing material support and resources to terrorists and for conspiracy to obstruct justice. Farooq Mohammad and Ibrahim Mohammad were additionally indicted for conspiracy to commit bank fraud. The defendants were appointed f…

On September 30, 2015, Yahya Farooq Mohammad, Ibrahim Zubair Mohammad, Asif Ahmed Salim, and Sultane Roome Salim were indicted in U.S. District Court of the Northern District of Ohio for conspiracy to provide and conceal material support and resources to terrorists, for providing material support and resources to terrorists and for conspiracy to obstruct justice. Farooq Mohammad and Ibrahim Mohammad were additionally indicted for conspiracy to commit bank fraud. The defendants were appointed federal public defenders and retained private counsel. The case was assigned to District Judge Jack Zouhary.

On December 21, 2015, the U.S. Department of Justice notified the criminal defendants in this case that some of the evidence the government intended to use against them came from a FISA warrantless wiretap, pursuant to Sec. 702 of the FISA Amendment Acts of 2008. This notice allows criminal defendants to challenge the constitutionality of the government's surveillance techniques. All cases challenging this provision are available in the Foreign Targeting (702, 703, 704) special collection.

On July 6, 2016, Yahya Mohammad was indicted in another case (3:16-cr-00222) in the U.S. District Court of the Northern District of Ohio for attempted first degree murder of a federal officer, solicitation to commit a crime of violence, and use of interstate commerce facilities in the commission of a murder-for-hire. While Yahya Mohammad was detained and housed at the Lucas County Corrections Center in Toledo, Ohio, pending resolution of this case, he had told another inmate that he wanted to hire someone to kill Judge Zouhary. The inmate reported Mohammad to the FBI and introduced Mohammad to an FBI undercover employee, who posed as someone willing to kill Judge Zouhary for money.

On July 12, 2016, Judge Zouhary ordered recusal of himself from the case due to Yahya Mohammad's attempt to murder him. Chief Judge Solomon Oliver of the U.S. District Court of the Northern District of Ohio had requested that Chief Judge Guy Cole of the Sixth Circuit Court of Appeals appoint an out-of-district judge to hear both cases due to their close relation with each other. The cases were transferred to Chief Judge Edmund A. Sargus, Jr. from the Southern District of Ohio.

On September 30, 2016, the defendants filed a motion for disclosure of FISA-related materials and to suppress the fruits or derivatives obtained from warrantless surveillance under Section 702 of FISA.

On November 18, 2016, the government filed an ex parte in camera motion for a protective order pursuant to Section 4 of the Classified Information Procedures Act and Rule 16(d)(1) of the Federal Rules of Criminal Procedure. The government filed a supplemental motion on February 16, 2018. Both motions were submitted under seal with the Classified Information Security Officer.

On July 18, 2017, Chief Judge Cole of the Sixth Circuit reassigned Yahya Mohammad's three co-defendants, Ibrahim Mohammad, Asif Salim, and Sultane Salim, to District Judge Jeffrey J. Helmick. However, Judge Sargas was to continue hearing the cases in regard to Yahya Mohammad.

On November 8, 2017, after Yahya Mohammad pled guilty to one count of providing material support to terrorists in this case (count 1) and one count of solicitation to commit a crime of violence (against Judge Zouhary) in case 3:16-cr-222 (count 2), Judge Sargus sentenced Mohammad to 180 months (minus time served) for count 1 and 240 months for count 2, with 90 of those months to run concurrently with count 1. The remaining 150 months were to run consecutively with count 1 for a total of 330 months; 10 years supervised released; and a $200 special assessment fee. No fines or restitution were imposed.

On March 20, 2018, Judge Helmick granted the government's motion for a protective order (originally filed on November 18, 2016) under Section 4 of the Classified Information Procedure's Act (CIPA). Judge Helmick denied the defendants' motions to suppress evidence obtained from a warrantless surveillance under Section 702 of FISA, to suppress fruits or derivatives of electronic surveillance, to compel discovery, and for disclosure related to FISA amendments. He noted that he had provided classified versions of his opinion to the Classified Information Security Officer for service to the relevant agencies for classification review.

On September 11, 2018, an unclassified version of Judge Helmick's opinion on the government's classified, ex parte, in camera motion for a protective order was released. 339 F.Supp.3d 724. Although even the unclassified version of the opinion is heavily redacted, it shows Judge Helmick finding that the defendants' objections to an ex parte, in camera review of the government's Section 4 filing without merit because none of the government's surveillance had been deemed unlawful. He further noted that nothing he had seen in his review of the classified documents in this case suggested that the government was using CIPA to conceal unlawful surveillance techniques. Furthermore, although he acknowledged that he was "not in an optimal position to act as surrogate defense counsel," Judge Helmick maintained that he had sufficient knowledge of the case and the defendants' theories of the case to determine whether the government's Section 4 filings discussed information that would be relevant and helpful to the defense.

On September 11, 2018, Judge Helmick released an unclassified memorandum opinion denying the defendants' several motions regarding the government's FISA evidence. First, he denied the defendants' request for disclosure of the FISA materials because he concluded that the challenged FISA collection was lawful. Therefore, Judge Helmick believed that disclosure to the defendants was not necessary to make an accurate determination of the legality of the surveillance. He rejected the defendants' argument that disclosure of FISA materials are permitted to the extent that due process requires it; the Sixth Circuit had already rejected an argument similar to the defendants', holding that "FISA's requirement that the district court conduct an ex parte, in camera review of FISA materials does not deprive a defendant of due process." Second, Judge Helmick denied the defendants' motion for suppression of the evidence obtained or derived from FISA surveillance and physical searches because he found that the surveillance and searches were conducted in compliance with the FISC's orders, which had properly found the existence of probable cause.

Meanwhile, the government negotiated plea agreements with the remaining defendants. On April 11, 2018 the government filed informations in separate cases charging all three defendants with financing terrorism in violation of 18 U.S.C. § 2339C. All three defendants immediately pleaded guilty to the new charges. The case against Ibrahim Zubair Mohammad was docketed as 3:18-cr-165 and Asif Ahmed Salim and Sultane Roome Salim's cases were docketed as 3:18-cr-186. Judge Helmick continued to preside over the new cases. According to a DOJ press release the basis for these charges was providing money to the radical cleric Anwar Al-Awlaki, who was later killed by an American drone strike in Yemen.

All three were sentenced between November 9, 2018 and January 22, 2019. Ibrahim Zubair Mohammad and Sultane Roome Saslim received sentences of 60 months incarceration and Asif Ahmed Salim received a sentence of 72 months incarceration. At the sentencing, the government moved to dismiss the original 2015 charges cases against them the three defendants. Judge Helmick granted all these requests.

None of these defendants appealed their convictions or sentences and all their cases are presumably closed, though Sultane Roome Salime filed a motion for compassionate release in February of 2021.

Two years after his sentencing on September 9, 2019, Yahya Farooq Mohammad filed a notice of appeal to the United States Court of Appeals to the Sixth Circuit. That case was docketed as 19-3870. The Sixth Circuit denied Mohammed a certificate of appealability on August 11, 2020.

There has been no action in Mohammed's case since that date and it is presumably closed.

Summary Authors

Lisa Limb (3/20/2019)

Jonah Hudson-Erdman (2/24/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4360614/parties/united-states-v-mohammad/


Judge(s)

Gilman, Ronald Lee (Tennessee)

Helmick, Jeffrey James (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Suhrheinrich, Richard Fred (Michigan)

Sutton, Jeffrey S. (Ohio)

Attorneys(s) for Plaintiff

Freeman, Michael (New York)

Georgalis, Christos N. (Ohio)

Gonzalez, Gregory (District of Columbia)

Herdman, Justin E. (Ohio)

Morford, James L (Ohio)

Judge(s)

Gilman, Ronald Lee (Tennessee)

Helmick, Jeffrey James (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Suhrheinrich, Richard Fred (Michigan)

Sutton, Jeffrey S. (Ohio)

Attorneys(s) for Plaintiff

Freeman, Michael (New York)

Georgalis, Christos N. (Ohio)

Gonzalez, Gregory (District of Columbia)

Herdman, Justin E. (Ohio)

Morford, James L (Ohio)

Shepherd, Matthew W. (Ohio)

Smith, David C. (Kansas)

Attorneys(s) for Defendant

Boyk, Charles E. (Ohio)

Czarnecki, John (Ohio)

Durkin, Thomas Anthony (Illinois)

Kadri, Cherrefe A. (Ohio)

Klucas, David Lee (Ohio)

McElroy, Neil S. (Ohio)

Moreno, Linda (Florida)

Waters, Robin Valentine (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

United States of America v. Mohammad

Feb. 15, 2019 Docket

Docket [PACER]

Feb. 25, 2019 Docket

Docket [16-cr-222 Mohammed Murder Docket]

United States of America v. Mohammad

Aug. 13, 2020 Docket

Docket [PACER]

United States of America v. Salim

Feb. 19, 2021 Docket
1

Indictment

Sept. 30, 2015 Other
27

Notice of Intent to Use Foreign Intelligence Surveillance Act Information

Dec. 21, 2015 Pleading / Motion / Brief
1

Indictment (Case 3:16-cr-222)

July 6, 2016 Other
373

Classified Memorandum Opinion

March 21, 2018 Order/Opinion
1

Information [Mohammad]-Count One (Concealment of Financing of Terrorism)

United States of America v. Mohammad

April 11, 2018 Other
1

Information [Salim]-Count One (Concealment of Financing Terrorism)

United States of America v. Salim

April 12, 2018 Other

Resources

Title Description External URL

Guest Post: New Resource — Civil Rights Litigation Clearinghouse FISA Archives

Margo Schlanger

Obviously there have been load of disclosures about FISA matters over the past year—between the Snowden documents, the FOIA-driven ODNI declassifications, the FISA Court’s nifty new on-line docket, a… June 26, 2014 http://justsecurity.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4360614/united-states-v-mohammad/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

UNSEALED INDICTMENT filed by USA as to Yahya Farooq Mohammad (1) count(s) 1, 2, 3, 4, Ibrahim Zubair Mohammad (2) count(s) 1, 2, 3, 4, Asif Ahmed Salim (3) count(s) 1, 2, 4, Sultane Roome Salim (4) count(s) 1, 2, 4. (Attachments: # 1 Designation Form and Signature Page) (H,SP) (Entered: 10/01/2015)

1 *Restricted*

View on PACER

Sept. 30, 2015 RECAP
3

Motion to Seal Indictment filed by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (H,SP) (Entered: 10/01/2015)

Sept. 30, 2015 PACER
4

Order granting USA's 3 Motion to Seal Indictment until the arrest of any defendant as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Magistrate Judge Nancy A. Vecchiarelli. (H,SP) (Entered: 10/01/2015)

Sept. 30, 2015 PACER
5

Order to Unseal Case as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Magistrate Judge James R. Knepp, II on 11/5/15. (A,P) (Entered: 11/05/2015)

Nov. 5, 2015 PACER
6

Order of Detention as to Sultane Roome Salim (4). Magistrate Judge James R. Knepp, II on 11/5/15. (A,P) (Entered: 11/05/2015)

Nov. 5, 2015 PACER
7

Arrest Warrant Returned Executed on 11/5/2015 in case as to Sultane Roome Salim (4). (M,L) (Entered: 11/06/2015)

Nov. 6, 2015 PACER
8

Rule 5(c)(3) Documents Received via e-mail from the Northern District of Texas (Fort Worth) as to Ibrahim Zubair Mohammad (2). (Attachments: # 1 Order Appointing Public Defender, # 2 Government's Motion for Pretrial Detention, # 3 Waiver of Rule 5(c) Hearings, # 4 Waiver of Rule 5(c) Hearing)(L,A) (Entered: 11/10/2015)

Nov. 10, 2015 PACER
9

Rule 5(c)(3) Documents Received as to Yahya Farooq Mohammad (1) (Attachments: # 1 Arrest Warrant, # 2 Rule 5 Minutes EDVA, # 3 Order Scheduling Detention Hearing EDVA, # 4 Minutes of Detention Hearing 11-17-2015 EDVA, # 5 Order of Temporary Detention EDVA, # 6 Minutes of Detention Hearing 11-19-2015 EDVA, # 7 Waiver Rule 5 Hearing EDVA, # 8 Comittment to Another District EDVA)(M,L) (Entered: 11/23/2015)

Nov. 23, 2015 PACER
24

Appearance Bond Entered as to Sultane Roome Salim (4) in amount of $500,000 secured. (Attachments: # 1 Redacted Conditions of Release, # 2 Appearance Bond Unredacted, # 3 Conditions of Release Unredacted)(A,P) (Entered: 12/03/2015)

Nov. 23, 2015 PACER
10

Rule 5(c)(3) Documents Received as to Asif Ahmed Salim (3) (Attachments: # 1 Arrest Warrant EDVA, # 2 Minutes Rule 5 Hearing EDVA, # 3 Order Scheduling Detention Hearing EDVA, # 4 Minutes of Detention Hearing 11-17-2015 EDVA, # 5 Order of Temporary Detention EDVA, # 6 Minutes of Detention Hearing 11-19-2015 EDVA, # 7 Waiver of Rule 5 Hearing EDVA, # 8 Commitment to Another District EDVA)(M,L) (Entered: 11/23/2015)

Nov. 23, 2015 PACER
11

Receipt for Passport of Mehreen Sultan received on 11/23/2015, Receipt Number 120. (L,A) (Entered: 11/23/2015)

Nov. 23, 2015 PACER
12

Receipt for Passport of F. S. received on 11/23/2015, Receipt Number 121. (L,A) Modified to redact on 11/24/2015 (M,L). (Attachment added on 11/25/2015: # 1 Redacted Passport Receipt) (M,L). (Entered: 11/23/2015)

Nov. 23, 2015 PACER
13

Receipt for Passport of Z. S. received on 11/23/2015, Receipt Number 122. (L,A) Modified to redact on 11/24/2015 (M,L). (Attachment added on 11/25/2015: # 1 Redacted Passport Receipt) (M,L). (Entered: 11/23/2015)

Nov. 23, 2015 PACER
14

Receipt for Passport of A. S. received on 11/23/2015, Receipt Number 123. (L,A) Modified to redact on 11/24/2015 (M,L). (Attachment added on 11/25/2015: # 1 Redacted Passport Receipt) (M,L). (Entered: 11/23/2015)

Nov. 23, 2015 PACER
15

CJA 23 Financial Affidavit by Sultane Roome Salim (4). Approved by Magistrate Judge James R. Knepp, II on 11/23/15. (A,P) (Entered: 11/23/2015)

Nov. 23, 2015 PACER
16

CJA 23 Financial Affidavit by Yahya Farooq Mohammad (1). Approved by Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)

Nov. 25, 2015 PACER
17

CJA 23 Financial Affidavit by Asif Ahmed Salim (3). Approved by Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)

Nov. 25, 2015 PACER
18

Order of Detention as to Yahya Farooq Mohammad (1). Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)

Nov. 25, 2015 PACER
19

Order of Detention as to Asif Ahmed Salim (3). Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)

Nov. 25, 2015 RECAP
20

Order of Detention as to Ibrahim Zubair Mohammad (2). Magistrate Judge James R. Knepp, II on 12/1/15. (A,P) (Entered: 12/01/2015)

Dec. 1, 2015 PACER
21

CJA 23 Financial Affidavit by Ibrahim Zubair Mohammad (2). Approved by Magistrate Judge James R. Knepp, II on 11/6/15. (A,P) (Entered: 12/01/2015)

Dec. 1, 2015 PACER
22

Notice of Discovery Request as to Ibrahim Zubair Mohammad (2) (Klucas, David) (Entered: 12/01/2015)

Dec. 1, 2015 PACER
23

Arrest Warrant Returned Executed on 11/5/2015 in case as to Sultane Roome Salim (4). (H,SP) (Entered: 12/02/2015)

Dec. 1, 2015 PACER
25

Motion for attorney Linda Moreno to Appear Pro Hac Vice, Filing fee $120, receipt number 14660082565, filed by Asif Ahmed Salim (3). (Attachments: # 1 Certificate of Standing) (H,SP) (Entered: 12/15/2015)

Dec. 15, 2015 PACER
26

Marginal Entry Order granting 25 Motion to Appear Pro Hac Vice by Linda Moreno for Defendant Asif Ahmed Salim (3). Local Rule Criminal 49.2(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 12/15/2015. (Attachments: # 1 ACTL Code of Conduct) (D,L) (Entered: 12/15/2015)

Dec. 15, 2015 PACER
27

Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Yahya Farooq Mohammad (1) (Shepherd, Matthew) (Entered: 12/21/2015)

Dec. 21, 2015 PACER
28

Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Ibrahim Zubair Mohammad (2) (Shepherd, Matthew) (Entered: 12/21/2015)

Dec. 21, 2015 PACER
29

Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Asif Ahmed Salim (3) (Shepherd, Matthew) (Entered: 12/21/2015)

Dec. 21, 2015 PACER
30

Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 12/21/2015)

Dec. 21, 2015 PACER
31

Order of Pretrial Conference as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on 12/22/2015. The Government will continue to provide discovery to Defendants. Further pretrial conference is set for Tuesday, March 1, 2016 at 9:15 AM. Counsel should notify this Court in advance whether they plan to attend in person or by telephone and whether their client will waive appearance. Time until 3/1/2016 is excluded from the Speedy Trial Act as noted in Order. Judge Jack Zouhary on 12/22/2015. (Court Reporter: Tracy Spore) (30 mins)(D,L) (Entered: 12/22/2015)

Dec. 22, 2015 PACER
32

Notice of Appearance of Attorney - John Czarnecki appearing for Yahya Farooq Mohammad (1) (Czarnecki, John) (Entered: 12/23/2015)

Dec. 23, 2015 PACER
33

Notice of Recording of Appearance Bond as to Sultane Roome Salim (4) (Kadri, Cherrefe) (Entered: 01/06/2016)

Jan. 6, 2016 PACER
34

First Motion for Bond /Application for Release on Bail by Asif Ahmed Salim (3). (Moreno, Linda) (Entered: 01/12/2016)

Jan. 12, 2016 PACER
35

Response by United States of America in opposition to Defendant's First Motion for Bond /Application for Release on Bail 34 as to Asif Ahmed Salim (3) (Attachments: # 1 Exhibit 1 - Department of Treasury Press Center)(Shepherd, Matthew) (Entered: 01/20/2016)

Jan. 20, 2016 RECAP
36

Motion for attorney Thomas Anthony Durkin to Appear Pro Hac Vice Filing fee $ 120, receipt number 0647-7444768, by Yahya Farooq Mohammad (1). (Attachments: # 1 Affidavit of Counsel, # 2 Exhibit Letter of Good Standing, # 3 Exhibit Certificate of Good Standing)(Durkin, Thomas) Modified text 1/21/2016 (C,KA). (Entered: 01/20/2016)

Jan. 20, 2016 PACER
37

Marginal Entry Order granting 36 Motion to Appear Pro Hac Vice by Thomas A. Durkin for Defendant Yahya Farooq Mohammad (1). Local Rule Criminal 49.2(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 1/21/2016. (D,L) (Additional attachment(s) added on 1/21/2016: # 1 ACTL Code of Conduct) (D,L). (Entered: 01/21/2016)

Jan. 21, 2016 PACER
38

Minutes of proceedings before Judge Jack Zouhary. Hearing on 34 Motion for Bond/Release as to Asif Ahmed Salim (3). Appearances: Defendant present with counsel Linda Moreno; Christos Georgalis for Government. Mark Miller and Jordon Spadafore for Pretrial Services. Defense counsel proffered on behalf of Farah Nizamuddin, Nikhat Nizamuddin, Shakila Salim, who were all present in Court. Testimony taken: James Smith. Defendant's Exhibit (employment records) admitted. Arguments heard. This Court takes this matter under advisement. Order to follow. (Court Reporter: Tracy McGurk)Time: 1 hour, 30 minutes. (D,L). (Additional attachment(s) added on 1/22/2016: # 1 Exhibit Employment Records) (D,L). (Entered: 01/21/2016)

Jan. 21, 2016 PACER
39

Order of Detention as to Asif Ahmed Salim (3) denying 34 Defendant's Motion for Bond. See Order for details. Judge Jack Zouhary on 1/22/2016. (D,L) (Entered: 01/22/2016)

Jan. 22, 2016 RECAP
42

Arrest Warrant returned executed on 02/05/2016 in case as to Sultane Roome Salim (4). (H,JD) (Entered: 02/05/2016)

Feb. 5, 2016 PACER
43

Receipt for Passport of Sultane Roome Salim received on 02/05/2016, Receipt Number 127. (H,JD) (Additional attachment(s) added on 2/9/2016: # 1 PS40 form) (H,JD). (Entered: 02/05/2016)

Feb. 5, 2016 PACER
46

Motion for Release from Custody by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 02/15/2016)

Feb. 15, 2016 PACER
48

Subpoena Returned Executed as to Sultane Roome Salim (4); served upon Fifth Third Bank on 2/8/2016. (Kadri, Cherrefe) (Entered: 02/16/2016)

Feb. 16, 2016 PACER
49

Supplement Memorandum in Support to 46 Defendant's Motion for Release from Custody as to Ibrahim Zubair Mohammad (2) (Klucas, David) Modified text and added linkage on 2/19/2016 (M,L). (Entered: 02/18/2016)

Feb. 18, 2016 PACER
50

Response by United States of America in opposition to 46 Defendant's Motion for Release from Custody as to Ibrahim Zubair Mohammad (2) (Shepherd, Matthew) (Entered: 02/23/2016)

Feb. 23, 2016 PACER
51

Order regarding Pretrial Release Violation as to Sultane Roome Salim (4). Record hearing held on 2/23/2016. The 1/29/2016 violation (deviating from approved path of travel) was dismissed for reasons stated on the record. Defendant admitted to the 1/15/2016 violation of his pretrial release (remaining in parking lot for 20-25 minutes, without authorization). This Court found Defendant in violation, admonished Defendant to continue to maintain complete adherence to all conditions of his release, and continued his bond. All original terms and conditions of release remain in effect, with the added conditions of active GPS monitoring and computer/internet restrictions. The U.S. Marshal is ordered to release Defendant immediately. Judge Jack Zouhary on 2/23/2016. (45 mins)(D,L) (Entered: 02/23/2016)

Feb. 23, 2016 PACER
52

Amended Order Setting Conditions of Release as to Sultane Roome Salim (4). Judge Jack Zouhary on 2/23/2016. (D,L) (Entered: 02/23/2016)

Feb. 23, 2016 PACER
53

Motion for a Pretrial Conference Pursuant to 18 U.S.C. App. III (CIPA) Section 2 by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Shepherd, Matthew) (Entered: 02/29/2016)

Feb. 29, 2016 PACER
54

Arrest Warrant Returned Executed on 11/5/2015 in case as to Ibrahim Zubair Mohammad (2). (H,SP) (Entered: 03/01/2016)

Feb. 29, 2016 RECAP
55

Arrest Warrant Returned Executed on 11/12/2015 in case as to Asif Ahmed Salim (3). (H,SP) (Entered: 03/01/2016)

Feb. 29, 2016 PACER
56

Arrest Warrant Returned Executed on 11/12/2015 in case as to Yahya Farooq Mohammad (1). (H,SP) (Entered: 03/01/2016)

Feb. 29, 2016 PACER
57

Order of Pretrial Conference as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on 3/1/2016. This Court grants 53 Government's Motion for a Pretrial Conference Pursuant to 18 U.S.C. App. III § 2 ("CIPA") and sets a conference for 5/4/2016 at 2:00 PM. All non-FISA Motions due by 5/9/2016; Responses due by 6/9/2016 or no later than 30 days after the filing of any Motion. Motion Hearing set for 6/28/2016 at 9:30 AM. All FISA Motions due by 6/1/2016; Responses due by 8/15/2016; Replies due by 9/30/2016. Firm Plea Deadline set for 11/15/2016 at 9:30 AM. Trial is set for January 2017, with a specific start date to be set in the future. This Court finds that the time period until 11/15/2016 is excluded from the Speedy Trial Act as noted in Order. Judge Jack Zouhary on 3/1/2016. (Court Reporter: Angela Nixon) (1 hr)(D,L) (Entered: 03/01/2016)

March 1, 2016 PACER
58

Minutes of proceedings [non-document] before Judge Jack Zouhary. Hearing on 46 Motion for Release from Custody as to Ibrahim Mohammad (2) held on 3/1/2016. Appearances: Defendant present with counsel David Klucas; Matthew Shepherd and Chris Georgalis for Government; Mark Miller for Pretrial Services. Testimony offered: Adbel Hasabelnaby; Omar Abu-Yasein; Rashid Jafri; Umaima Jafri. Defendant's Exhibits A-F admitted. Arguments heard. This Court takes this matter under advisement. Order to follow. (Court Reporter: Angela Nixon) Time: 2 hours, 45 minutes. (D,L). (Additional attachment(s) added on 3/2/2016: # 1 Exhibit A - Vogel Street Information, # 2 Exhibit B - Visa and Driver's License, # 3 Exhibit C - Citizenship Application, # 4 Exhibit D - Letters, # 5 Exhibit E - Umaima Birth Certificate, # 6 Exhibit F - Marriage Certificate) (D,L). Modified on 3/2/2016 (D,L). (Entered: 03/01/2016)

March 1, 2016 PACER
59

Order of Detention as to Ibrahim Zubair Mohammad (2). Defendant's Motion for Release from Custody 46 is denied. See Order for details. Judge Jack Zouhary on 3/3/2016. (D,L) (Entered: 03/03/2016)

March 3, 2016 PACER
60

WITHDRAWN PER ORDER 63 FILED ON 3/22/2016. Motion to Strike Surplusage by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified on 3/22/2016 to indicate incorrect case number appears on the pleading. Filer notified. (M,L). Modified on 3/22/2016 (D,L). (Entered: 03/18/2016)

March 18, 2016 PACER
61

WITHDRAWN PER ORDER 63 FILED ON 3/22/2016. Motion for Leave to File Motion for a Bill of Particulars by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified on 3/22/2016 to indicate incorrect case number appears on the pleading. Filer notified. (M,L). Modified on 3/22/2016 (D,L). (Entered: 03/21/2016)

March 21, 2016 PACER
62

Motion to Withdraw Document 60 and 61 by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 03/22/2016)

March 22, 2016 PACER
63

Marginal Entry Order granting 62 Motion to Withdraw Document 60 and 61 as to Ibrahim Zubair Mohammad (2). Judge Jack Zouhary on 3/22/2016. (D,L) (Entered: 03/22/2016)

March 22, 2016 PACER
65

Motion to Strike Surplusage from Indictment by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 03/22/2016)

March 22, 2016 PACER
66

Notice of related case. Case is related to 3:16-CV-780 .(Morford, James) (Entered: 03/31/2016)

March 31, 2016 PACER
67

Renewed Motion for Bond Pretrial Release by Asif Ahmed Salim (3) . (Attachments: # 1 Affidavit of Farah Nizamuddin, # 2 Affidavit of Nikhat Nizamuddin, # 3 Employment Documents)(Moreno, Linda) Modified text on 4/11/2016: Affidavits are unsigned. Filer notified. Affidavits to be refiled. (M,L). Modified to remove incorrect defendants on 4/14/2016 (M,L). (Entered: 04/09/2016)

April 9, 2016 PACER
69

Response by United States of America in opposition to Renewed Motion for Bond Pretrial Release 67 as to Asif Ahmed Salim (3) (Shepherd, Matthew) (Entered: 04/21/2016)

April 21, 2016 RECAP
70

Response by United States of America in opposition to 65 Motion to Strike Surplusage from Indictment as to Ibrahim Zubair Mohammad (2) (Shepherd, Matthew) Modified on 4/25/2016 (M,L). (Entered: 04/21/2016)

April 21, 2016 PACER
72

Supplement Signed and Redacted Affidavits and Medical Documents to 67 Renewed Motion for Bond Pretrial Release Asif Ahmed Salim (3) (Attachments: # 1 Farah Nizamuddin Affidavit Redacted, # 2 Nikhat Nizamuddin Affidavit Redacted, # 3 Redacted Employment Documents)(Moreno, Linda) Modified on text 4/27/2016 (M,L). (Entered: 04/26/2016)

April 26, 2016 PACER
73

Motion to Modify Conditions of Release by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 04/28/2016)

April 28, 2016 PACER
75

Response by United States of America to Motion to Modify Conditions of Release 73 as to Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 05/06/2016)

May 6, 2016 PACER
76

Motion to Dismiss Counts 1 and 2 by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 05/09/2016)

May 9, 2016 PACER
77

Motion for Relief from Prejudicial Joinder by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 05/09/2016)

May 9, 2016 PACER
78

Motion to Sever Defendant by Asif Ahmed Salim (3). (Moreno, Linda) (Entered: 05/09/2016)

May 9, 2016 PACER
79

First Motion to Dismiss by Asif Ahmed Salim (3). (Moreno, Linda) (Entered: 05/09/2016)

May 9, 2016 PACER
80

Motion to Strike Prejudicial Surplusage by Asif Ahmed Salim (3). (Moreno, Linda) Modified text on 5/10/2016 (M,L). (Entered: 05/09/2016)

May 9, 2016 PACER
81

Motion for Preservation of Rough Notes and Logs by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 05/09/2016)

May 9, 2016 RECAP
82

Motion for Hearing Concerning Co-Conspirator Statements by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 05/09/2016)

May 9, 2016 PACER
83

Motion to Expedite Return of Trial Subpoenas by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 05/09/2016)

May 9, 2016 PACER
84

Motion to Inspect Grand Jury Minutes by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 05/09/2016)

May 9, 2016 PACER
85

Motion for extension of time to file Additional Non-FISA Pretrial Motions & Motion for extension of time for the Filing of FISA Related or Other Foreign Intelligence Surveillance Motions by Yahya Farooq Mohammad (1). (Attachments: # 1 Notice of Intent to Use FISA Information, # 2 Exhibit 5.3.2016 Ltr to AUSA Shepherd)(Durkin, Thomas). Added second Motion for extension of time on 5/10/2016 (M,L). (Entered: 05/09/2016)

May 9, 2016 PACER
86

Motion to Produce 404(b) Material by Yahya Farooq Mohammad (1). (Durkin, Thomas) (Entered: 05/09/2016)

May 9, 2016 PACER
87

Order granting in part 73 Motion to Modify Conditions of Release as to Sultane Roome Salim (4). See Order for details. Judge Jack Zouhary on 5/10/2016. (D,L) (Entered: 05/10/2016)

May 10, 2016 RECAP
88

Reply to response to Motion to Strike Surplusage from Indictment 65 as to Ibrahim Zubair Mohammad (2) (Klucas, David) (Entered: 05/13/2016)

May 13, 2016 PACER
89

Motion for extension of time past FISA motion filing deadline of May 9, 2016 to file motions to strike surplusage and to sever by Sultane Roome Salim (4) (Kadri, Cherrefe) Modified text and filers on 5/13/2016 (M,L). (Entered: 05/13/2016)

May 13, 2016 PACER
90

Motion to Strike Surplusage by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 05/13/2016)

May 13, 2016 PACER
91

Motion to Sever Defendant by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 05/13/2016)

May 13, 2016 PACER
92

Order as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Defendant Sultane Salim's Motion to extend deadline for filing non-FISA motions 89 is granted. Defendant's motions due by May 25, 2016; response due by June 9, 2016. No replies unless requested by this Court. Counsel are reminded that a motion filed by one Defendant will be treated as a motion filed by all similarly situated Defendants. All pending non-FISA motions will be addressed during the Motion Hearing set for June 28, 2016 at 9:30 AM. Defendant Yahya Farooq Mohammad's Motion to extend the deadline for filing FISA motions 85 is granted. Counsel shall confer and propose a revised briefing schedule that allows enough time for this Court to rule on these motions prior to the firm plea deadline set for November 15, 2016. Judge Jack Zouhary on 5/18/2016. (D,L) (Entered: 05/18/2016)

May 18, 2016 PACER
93

Motion to Dismiss by Sultane Roome Salim (4). (Kadri, Cherrefe) (Entered: 05/25/2016)

May 25, 2016 PACER
94

Response by United States of America in opposition to 84 Motion to Inspect Grand Jury Minutes as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 06/09/2016)

June 9, 2016 PACER
95

Response by United States of America to Defendants 76 79 and 93 Motions to Dismiss Counts 1 and 2 of the Indictment as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) Modified on 6/13/2016 to edit text (B,TM). (Entered: 06/09/2016)

June 9, 2016 PACER
96

Response by United States of America to Defendants 77 and 78 Motions for Relief from Prejudicial Joinder AND 91 Motion to Sever Defendant as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Shepherd, Matthew) Modified on 6/13/2016 to edit text (B,TM). (Entered: 06/09/2016)

June 9, 2016 PACER
97

Response by United States of America to Motion for Preservation of Rough Notes and Logs 81 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 06/09/2016)

June 9, 2016 PACER
98

Response by United States of America to Motion to Produce 404(b) Material 86 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 06/09/2016)

June 9, 2016 PACER
99

Response by United States of America to Motion to Expedite Return of Trial Subpoenas 83 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 06/09/2016)

June 9, 2016 PACER
100

Response by United States of America to Defendants 80 and 90 Motions to Strike Surplusage, as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4)/ (Shepherd, Matthew) Modified on 6/13/2016 to edit text (B,TM). (Entered: 06/09/2016)

June 9, 2016 PACER
101

Response by United States of America to Motion for Hearing Concerning Co-Conspirator Statements 82 as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 06/09/2016)

June 9, 2016 PACER
102

Partially Unopposed Motion to continue June 28, 2016 Hearing by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Georgalis, Christos) Modified text on 6/20/2016 (M,L). (Entered: 06/17/2016)

June 17, 2016 RECAP
103

Order granting 102 Partially Unopposed Motion to continue June 28, 2016 Hearing as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). The hearing date of 6/28/2016 is vacated and reset for Wednesday, July 20, 2016 at 1:00 PM. Judge Jack Zouhary on 6/22/2016. (D,L) (Entered: 06/22/2016)

June 22, 2016 PACER
106

Motion for Status Pre-Trial by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 07/08/2016)

July 8, 2016 PACER
107

Order of Recusal as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). This case is returned to the Clerk for reassignment to another judge. Judge Jack Zouhary on 7/12/2016. (D,L) (Entered: 07/12/2016)

July 12, 2016 PACER
108

NOTICE of Designation of District Judge for Service in Another District Within Circuit as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Judge Edmund A. Sargus, Jr. is hereby designated. (D,L) (Entered: 07/12/2016)

July 12, 2016 PACER
109

Order of Reassignment as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). This case is returned to the Clerk for reassignment to Judge Edmund A. Sargus, Jr. for all further proceedings. Judge Jack Zouhary on 7/12/2016. (D,L) (Entered: 07/12/2016)

July 12, 2016 PACER
110

Order: The Government shall have through 7/20/16 to provide Defendants its position on severance; Defendants shall have through 8/3/16 to supplement their non-FISA motions. Arraignment set for 8/10/16 at 10:30 AM for Yahya Farooq Mohammad in case 3:16cr222 with status conference to be held immediately following re: 3:15cr358 and 3:16cr222.Defendants shall have through 9/9/16 to submit FISA-related motions. Government shall have through 11/18/16 to respond and defendants shall have through 12/16/16 to reply. Judge Edmund A. Sargus, Jr on 7/29/16. (C,D) (Entered: 07/29/2016)

July 29, 2016 PACER
111

Unopposed Motion for leave to file under seal by Asif Ahmed Salim (3). (Moreno, Linda) Modified to remove not applicable co-defendants on 8/3/2016 (G,CA). (Entered: 08/01/2016)

Aug. 1, 2016 PACER
112

Motion to Join Defendant Asif Salim's Motion to File Under Seal by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified text on 8/3/2016 (G,CA). (Entered: 08/01/2016)

Aug. 1, 2016 PACER

State / Territory: Ohio

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)

Criminal cases challenging FISA surveillance

Key Dates

Filing Date: Sept. 30, 2015

Closing Date: Jan. 22, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

This is a criminal case brought by the U.S. government against four defendants charged with providing and attempting to provide material support and resources to a foreign terrorist organization, bank fraud, and obstruction of justice. The defendants were subject to surveillance under FISA.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Yahya Farooq Mohammad, Private Entity/Person

Ibrahim Zubair Mohammad, Private Entity/Person

Asif Ahmed Salim, Private Entity/Person

Sultane Roome Salim, Private Entity/Person

Case Details

Causes of Action:

FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812

FISA Title III Warrant (Physical Search), 50 U.S.C. §§ 1821-1829

FISA Title VII targeting order (Sections 702, 703, 704), 50 U.S.C. 1881a, 1881b, 1881c

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Special Case Type(s):

Criminal

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Criminal Conviction

Source of Relief:

Litigation

Issues

General:

Confidentiality

Courts

Record-keeping

Records Disclosure

Search policies

Terrorism/Post 9-11 issues