Case: United States v. Daher

2:18-cr-20559 | U.S. District Court for the Eastern District of Michigan

Filed Date: Aug. 14, 2018

Closed Date: Jan. 18, 2022

Clearinghouse coding complete

Case Summary

This is a federal criminal case where the government attempted to introduce evidence obtained through the Foreign Intelligence Surveillance Act (FISA). On August 14, 2018, two operators of a Detroit gas station were indicted in the United States District Court for the Eastern District of Michigan for the crime of defrauding the Supplemental Nutrition Assistance Program (SNAP). The defendants allegedly bought SNAP funds from recipients with cash at a discounted price, then fraudulently billed th…

This is a federal criminal case where the government attempted to introduce evidence obtained through the Foreign Intelligence Surveillance Act (FISA). On August 14, 2018, two operators of a Detroit gas station were indicted in the United States District Court for the Eastern District of Michigan for the crime of defrauding the Supplemental Nutrition Assistance Program (SNAP). The defendants allegedly bought SNAP funds from recipients with cash at a discounted price, then fraudulently billed the government for the total value. They were charged with 14 counts of wire fraud (18 U.S.C. § 1343). The case was assigned to United States District Judge Nancy G. Edmunds. On September 12, 2018, 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 was obtained from a FISA warrant obtained under 50 U.S.C. §§ 1801-1812.

Both men were released on bail after their arraignment on August 16, 2018. One defendant, represented by a federal public defender, pleaded guilty to a single count of wire fraud on December 6, 2018, prior to filing any pretrial motions. He was sentenced to a year and a day in federal prison on April 18, 2019.

The other defendant, represented by private counsel, filed several pretrial motions relating to the FISA evidence. On February 8, 2019, he moved for discovery of the evidence obtained under FISA, as well as the application and order that allowed the government to collect it.

The government opposed this motion. On June 6, 2019, it filed a declaration from Attorney General William P. Barr claiming that an adversarial hearing would endanger national security and asking the court to conduct an ex parte and in camera review of the relevant documents. This process is set out in 50 U.S.C. §§ 1806(f) and 1825(g).

Later on September 19, 2019, the defendant moved to dismiss the indictment against him, claiming that the use of FISA material in this prosecution was improper because he was charged with a domestic criminal offense with no relationship to the normal subjects of FISA: foreign powers or their agents.

Judge Edmunds denied both of the defendants' motions in a December 24, 2020 order. After reviewing the FISA warrant and application materials ex parte and in camera she found that they complied with the relevant statutory standards. In denying the defendant's motion to dismiss, she also found that FISA materials could be used in cases without a national security connection when the original surveillance was designed to obtain foreign intelligence information. 2020 WL 7664789.

After his motions were denied, the remaining defendant eventually pleaded guilty to misprison of a felony and received a sentence of 2 years probation on January 18, 2022. The case is now closed

Summary Authors

Jonah Hudson-Erdman (3/3/2021)

Jonah Hudson-Erdman (4/7/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7675897/parties/united-states-v-rammal/


Judge(s)

Edmunds, Nancy Garlock (Michigan)

Majzoub, Mona K. (Michigan)

Attorneys(s) for Plaintiff

Barr, William P. (District of Columbia)

Corken, Cathleen M (Michigan)

Corkin, Cathleen (Michigan)

McGunn, Nancy L (Michigan)

Neal, John K (Michigan)

Salzenstein, Douglas C (Michigan)

Schneider, Matthew J (Michigan)

Weier, Craig A (Michigan)

Judge(s)

Edmunds, Nancy Garlock (Michigan)

Majzoub, Mona K. (Michigan)

Attorneys(s) for Plaintiff

Barr, William P. (District of Columbia)

Corken, Cathleen M (Michigan)

Corkin, Cathleen (Michigan)

McGunn, Nancy L (Michigan)

Neal, John K (Michigan)

Salzenstein, Douglas C (Michigan)

Schneider, Matthew J (Michigan)

Weier, Craig A (Michigan)

Attorneys(s) for Defendant

Makled, Amir I (Michigan)

Documents in the Clearinghouse

Document

2:18-cr-20559

Docket [PACER]

United States of America v. Rammal

Feb. 8, 2021

Feb. 8, 2021

Docket
1

2:18-cr-20559

Indictment

United States of America v. Rammal

Aug. 14, 2018

Aug. 14, 2018

Other
21

2:18-cr-20559

Notice of Intent to Use Foreign Intelligence Surveillance Act Information

United States of America v. Rammal

Sept. 12, 2018

Sept. 12, 2018

Pleading / Motion / Brief
39-1

2:18-cr-20559

Declaration and Claim of Privilege of the Attorney General of the United States

United States of America v. Daher

June 6, 2019

June 6, 2019

Declaration/Affidavit
59

2:18-cr-20559

Order on Defendant's Motion to Discover and Motion to Dismiss

2020 WL 7664789

Dec. 24, 2020

Dec. 24, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7675897/united-states-v-rammal/

Last updated Aug. 4, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

INDICTMENT as to Kamel Mohammad Rammal (1) count(s) 1-14, Nassif Sami Daher (2) count(s) 8, 10, 13-14. (DPer) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

RECAP
4

ORDER WITH MOTION to Seal 3 Arrest Warrant Issued, 1 Indictment, 2 Arrest Warrant Issued as to Kamel Mohammad Rammal, Nassif Sami Daher. Signed by Magistrate Judge Elizabeth A. Stafford. (DPer) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
5

ORDER WITH MOTION to Unseal 4 Order to Seal, 3 Arrest Warrant Issued, 1 Indictment, 2 Arrest Warrant Issued as to Kamel Mohammad Rammal, Nassif Sami Daher. Signed by Magistrate Judge Elizabeth A. Stafford. (SOso) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER

Minute Entry for proceedings before Magistrate Judge Elizabeth A. Stafford: Initial Appearance as to Kamel Mohammad Rammal held on 8/16/2018. Disposition: Defendant released on bond. Bond Information: $10,000 unsecured bond with conditions. (Court Reporter: Digitally Recorded) (Defendant Attorney: Jessica Lefort) (AUSA: Craig Weier) (MarW)

Aug. 16, 2018

Aug. 16, 2018

PACER

Minute Entry for proceedings before Magistrate Judge Elizabeth A. Stafford: Arraignment as to Kamel Mohammad Rammal (1) Count 1-14 held on 8/16/2018. Disposition: Not Guilty plea entered. (Court Reporter: Digitally Recorded) (Defendant Attorney: Jessica Lefort) (AUSA: Craig Weier) (MarW)

Aug. 16, 2018

Aug. 16, 2018

PACER
7

Public Audio File of Initial Appearance/Arraignment on Indictment as to Kamel Mohammad Rammal held on 8/16/2018 before Magistrate Judge Elizabeth A. Stafford. AUDIO FILE SIZE (4.7 MB) (SOso) (Entered: 08/17/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
10

ORDER APPOINTING FEDERAL DEFENDER as to Kamel Mohammad Rammal. Signed by Magistrate Judge Elizabeth A. Stafford. (SOso) (Entered: 08/17/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
11

ACKNOWLEDGMENT of Indictment by Kamel Mohammad Rammal. (SOso) (Entered: 08/17/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
13

ORDER Setting Conditions of Release as to Kamel Mohammad Rammal. Signed by Magistrate Judge Elizabeth A. Stafford. (SOso) (Entered: 08/17/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
14

BOND as to Kamel Mohammad Rammal in the amount of $10,000 unsecured entered. (SOso) (Entered: 08/17/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
17

NOTICE OF ATTORNEY APPEARANCE: Nancy L. McGunn appearing for Kamel Mohammad Rammal (McGunn, Nancy) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
18

NOTICE TO APPEAR as to Kamel Mohammad Rammal, Nassif Sami Daher, Status Conference set for 9/13/2018 @ 10:15 AM before District Judge Nancy G. Edmunds (LBar) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
19

Warrant for Arrest Returned Executed on 08/16/18 as to Kamel Mohammad Rammal. (DPer) (Entered: 08/28/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
20

NOTICE of Change of Assistant U.S. Attorney: Cathleen M. Corken added. (Corken, Cathleen) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
21

NOTICE of Intent To Use Foreign Intelligence Surveillance Act Information by United States of America as to Kamel Mohammad Rammal, Nassif Sami Daher (Corken, Cathleen) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER

Minute Entry for proceedings before District Judge Nancy G. Edmunds: Status Conference as to Kamel Mohammad Rammal and Nassif Sami Daher held on 9/13/2018. (Court Reporter: Suzanne Jacques) (Defendant Attorney: Nancy McGunn and Amir Makled) (AUSA: Craig Weier) (LBar)

Sept. 13, 2018

Sept. 13, 2018

PACER
22

ORDER TO CONTINUE - Ends of Justice as to Kamel Mohammad Rammal, Nassif Sami Daher Time excluded from 9/13/2018 until 1/8/2019. Motions due by 11/6/2018 and Jury Trial set for 1/8/2019 @ 09:00 AM before District Judge Nancy G. Edmunds - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
23

NOTICE TO APPEAR as to Kamel Mohammad Rammal, Plea Hearing set for 12/6/2018 @ 10:30 AM before District Judge Nancy G. Edmunds (LBar) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER

Minute Entry for proceedings before District Judge Nancy G. Edmunds: Plea Hearing as to Kamel Mohammad Rammal held on 12/6/2019. (Sentencing set for 3/18/2019 @ 11:00 AM before District Judge Nancy G. Edmunds) Disposition: Guilty plea entered. **Plea Agreement Taken Under Advisement (Court Reporter: Suzanne Jacques) (Defendant Attorney: Nancy McGunn) (AUSA: Craig Weier) (LBar) Modified on 12/6/2018 (LBar).

Dec. 6, 2018

Dec. 6, 2018

PACER
24

PLEA AGREEMENT as to Kamel Mohammad Rammal (LBar) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
26

MOTION AND BRIEF SUPPORT REQUESTING SUFFICIENT TIME TO RESPOND TO FISA-RELATED MOTION AND FOR THE COURT TO DESIGNATE A CLASSIFIED INFORMATION SECURITY OFFICER by United States of America as to Nassif Sami Daher. (Corken, Cathleen) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
31

NOTICE TO APPEAR as to Kamel Mohammad Rammal, Sentencing re-set for 4/18/2019 @ 11:30 AM before District Judge Nancy G. Edmunds (LBar) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
32

SENTENCING MEMORANDUM by United States of America as to Kamel Mohammad Rammal (Weier, Craig) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER
34

SENTENCING MEMORANDUM by Kamel Mohammad Rammal (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G) (McGunn, Nancy) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER

Minute Entry for proceedings before District Judge Nancy G. Edmunds: Sentencing held as to Kamel Mohammad Rammal. Disposition: Rule 11 Plea Agreement accepted by the Court. (Court Reporter: Suzanne Jacques) (Defendant Attorney: Nancy McGunn) (AUSA: Craig Weier) (LBar)

April 18, 2019

April 18, 2019

PACER
35

JUDGMENT as to Kamel Mohammad Rammal. Signed by District Judge Nancy G. Edmunds. (DPer) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER
36

MOTION for Leave to File Excess Pages by United States of America as to Kamel Mohammad Rammal, Nassif Sami Daher. (Corken, Cathleen) Modified on 7/31/2019 (LBar). (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
41

MOTION for Extension of Time to File Response/Reply as to 38 Response to Motion by Nassif Sami Daher as to Kamel Mohammad Rammal, Nassif Sami Daher. (Attachments: # 1 Exhibit Exhibit 1) (Makled, Amir) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
42

REPLY to 38 Response to Motion for Discovery of Evidence Secured Pursuant to the Foreign Intelligence Surveillance Act of 1978, as Amended by 50 USC 1801-1802 by Nassif Sami Daher as to Kamel Mohammad Rammal, Nassif Sami Daher (Attachments: # 1 Exhibit Proposed Order) (Makled, Amir) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
43

MOTION to Dismiss CRIMINAL CASE AGAINST DEFENDANT NASSIF SAMI DAHER FOR VIOLATION OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT AT 50 U.S.C. ยง1806(f) by Nassif Sami Daher as to Kamel Mohammad Rammal, Nassif Sami Daher. (Attachments: # 1 Exhibit Proposed Order) (Makled, Amir) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
44

NOTICE of Change of Assistant U.S. Attorney: Douglas C. Salzenstein added. (Salzenstein, Douglas) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
65

REPORT AND ORDER Terminating Supervised Release as to Kamel Mohammad Rammal - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER

Attorney Nancy L. McGunn is discontinued from receiving Notices of Electronic Filing. (McGunn, Nancy)

Oct. 1, 2021

Oct. 1, 2021

PACER

Case Details

State / Territory: Michigan

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Court

Criminal cases challenging FISA surveillance

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 14, 2018

Closing Date: Jan. 18, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

This is a federal criminal case and the plaintiff is the United States government.

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

Kamel Mohammad Rammal, Private Entity/Person

Nassif Sami Daher, Private Entity/Person

Case Details

Causes of Action:

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

Special Case Type(s):

Criminal

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Criminal Conviction

Source of Relief:

Litigation

Issues

General:

Confidentiality

Courts

Records Disclosure

Search policies

Terrorism/Post 9-11 issues