Tuesday, September 13, 2022

New York City Man And Alabama Woman Plead Guilty To Attempting To Provide Material Support To ISIS

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced today that JAMES BRADLEY, a/k/a “Abdullah,” and ARWA MUTHANA pled guilty to attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (“ISIS”). BRADLEY pled guilty on September 9, 2022, and MUTHANA pled guilty earlier today, both before United States District Judge Paul A. Engelmayer in Manhattan federal court.

U.S. Attorney Damian Williams said: “Husband and wife James Bradley and Arwa Muthana admitted today to their support of ISIS, a violent extremist terrorist organization.  In planning their support, Bradley and Muthana collected and distributed jihadist propaganda, including videos of Usama Bin Laden, and even chillingly expressed their desire to ‘take out’ American military cadets. Just one day after the anniversary of 9/11, today’s prosecution of Bradley and Muthana exemplifies that the resolve of this Office and our law enforcement partners will never waiver, and we will never forget.”

According to the Complaint, Indictment, and other public documents in the case, as well as statements made during court proceedings:[1]

BRADLEY and MUTHANA are ISIS supporters who attempted to travel to the Middle East to join and fight for ISIS. BRADLEY expressed violent extremist views since at least 2019, including his desire to support ISIS by traveling overseas to join the group or committing a terrorist attack in the United States. In May 2020, BRADLEY stated to an undercover law enforcement officer (“UC-1”) that he believed that ISIS may be good for Muslims because ISIS was establishing a caliphate. BRADLEY further expressed his desire to conduct a terrorist attack in the United States and discussed potentially attacking the United States Military Academy in West Point, New York. BRADLEY explained that if he could not leave the United States, he would do “something” in the United States instead, referring to carrying out an attack.

In June 2020, BRADLEY reaffirmed his interest to UC-1 in attacking a military base, and that doing so would be his contribution to the cause of jihad. In January 2021, BRADLEY mentioned to UC-1 another university in New York State where he frequently saw Reserve Officer Training Corps (“ROTC”) cadets training. BRADLEY stated that he could use his truck in an attack and that he along with MUTHANA could take all of the ROTC cadets “out.”

In late January 2021, BRADLEY married MUTHANA in an Islamic marriage ceremony. Beginning before and continuing after their marriage, BRADLEY and MUTHANA discussed, planned, and ultimately attempted to travel to the Middle East together in order to join and fight with ISIS. In or about early March 2021, BRADLEY traveled from New York to Alabama to visit MUTHANA, and BRADLEY and MUTHANA traveled back to New York together in order to travel from New York to join ISIS in the Middle East. Thereafter, BRADLEY raised the possibility of UC-1 helping BRADLEY and MUTHANA get on a cargo ship to travel to Asia or Africa for the purpose of ultimately joining and fighting for ISIS. UC-1 subsequently put BRADLEY in contact with a purported associate who could assist BRADLEY in making arrangements for BRADLEY and MUTHANA to travel to the Middle East via cargo ship. In reality, the purported facilitator was a law enforcement officer acting in an undercover capacity (“UC-2”).

Later in March 2021, BRADLEY met with UC-2 and expressed his desire to travel via cargo ship and to “fight among the rank[s] of the Islamic State.” BRADLEY subsequently provided UC-2 $1,000 in cash as travel costs for BRADLEY and MUTHANA to take a cargo ship to Yemen. BRADLEY told UC-2 that he and MUTHANA both planned to be “fighting” after arriving in the Middle East. BRADLEY also told UC-2 that he had a dream that he had given “bay’ah,” an Arabic term meaning the oath of allegiance, to Abu Ibrahim al-hashimi al-Qurashi, the former leader of ISIS.

On March 25, 2021, UC-2 told BRADLEY that the cargo ship would be leaving on March 31 from a seaport in Newark, New Jersey. BRADLEY praised Allah and confirmed he and MUTHANA planned to travel on the ship. On March 31, 2021, BRADLEY and MUTHANA met with UC-2 en route to the seaport. During this meeting, MUTHANA confirmed to UC-2 that she was traveling to the Middle East to fight for ISIS. BRADLEY and MUTHANA were arrested as they walked on a gangplank to board the cargo ship. After MUTHANA was arrested, she waived her Miranda rights and stated during an interview that she was willing to fight and kill Americans if it was for Allah. Also on March 31, 2021, in connection with a court-authorized search, the Federal Bureau of Investigation (“FBI”) seized from a bedroom previously used by BRADLEY what appears to be a hand-drawn image of a jihadi flag commonly used by ISIS and a hand-drawn map of the Pakistan region.

In the months and years prior to their arrests, BRADLEY and MUTHANA also accessed, posted, and distributed extremist online content, including materials indicative of their support for ISIS. Such material included BRADLEY’s postings of images of ISIS fighters, Usama Bin Laden, and terrorist attacks, and his distribution to UC-1 of videos of ISIS fighters, a 2020 stabbing attack against a New York City Police Department officer, and extremists shooting a uniformed soldier.  Content on MUTHANA’s cellphone, which was searched pursuant to a court-authorized search warrant, included images of an ISIS flag with Arabic writing, firearms, ISIS propaganda, and quotations of the deceased extremist preacher and former al Qaeda in the Arabian Peninsula member Anwar al-Awlaki, including, for example, a copy of the cover of a book authored by al-Awlaki, titled “44 Ways to Support Jihad.”

BRADLEY, 21, of the Bronx, New York, and MUTHANA, 30, of Hoover, Alabama, each pled guilty to one count of attempting to provide material support to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison.

The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

BRADLEY is scheduled to be sentenced by Judge Engelmayer on February 2, 2023, at 10:30 a.m., and MUTHANA is scheduled to be sentenced by Judge Engelmayer on February 3, 2023, at 2:00 p.m.

Mr. Williams praised the outstanding efforts of the FBI New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the New York City Police Department, and over 50 other federal, state, and local agencies. Mr. Williams also thanked the Counterterrorism Section of the Department of Justice’s National Security Division.

[1] Communications, conversations, and statements discussed and quoted herein are described in substance and in part.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - SEPTEMBER 12, 2022

COVID-19 Vaccine Vial

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing, and Treatment

Photos of Governor Hochul Receiving Bivalent COVID-19 Booster Shot Available Here and B-Roll Available Here

30 Statewide Deaths Reported on September 9


 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.

"As we continue to navigate the start of the school season, I urge all New Yorkers to take steps to better protect themselves against COVID-19," Governor Hochul said. "Take advantage of the latest tools and resources at our disposal in order to keep our families and our communities safe. Test before gatherings or travel and if you test positive, talk to your doctor about potential treatment options."

Last week, Governor Hochul announced the availability of bivalent COVID-19 vaccine boosters from Pfizer-BioNTech for anyone age 12 or older and from Moderna for those 18 or older. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations.

To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, local county health department, or healthcare provider. New Yorkers can also visit vaccines.gov, text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations.

In addition, Governor Hochul announced that masking will now be optional in multiple settings where they were previously required, including on public transportation, in for-hire vehicles, at airports, homeless shelters, correctional facilities, and detention centers. Masks will continue to be required at adult care and health care facilities regulated by the state Department of Health, and in clinical settings regulated by the Office of Mental Health, Office of Addiction Services and Supports, and Office for People With Developmental Disabilities.

Today's data is summarized briefly below:

  • Cases Per 100k - 12.79
  • 7-Day Average Cases Per 100k - 17.91
  • Test Results Reported - 35,623
  • Total Positive - 2,499
  • Percent Positive - 6.95%**
  • 7-Day Average Percent Positive - 6.56%**
  • Patient Hospitalization - 2,143 (-36)
  • Patients Newly Admitted - 392*
  • Patients in ICU - 230 (-4)*
  • Patients in ICU with Intubation - 84 (-2)*
  • Total Discharges - 339,922 (+370)*
  • New deaths reported by healthcare facilities through HERDS - 30*
  • Total deaths reported by healthcare facilities through HERDS - 57,812*

** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

  • Total deaths reported to and compiled by the CDC - 73,897

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:

Borough  

Friday, Sept. 

 9, 2022 

Saturday, Sept. 10, 2022 

Sunday, Sept. 11, 2022 

Bronx 

5.87% 

5.83% 

5.69% 

Kings 

3.46% 

3.64% 

4.15% 

New York 

5.17% 

5.12% 

5.11% 

Queens 

6.93% 

6.86% 

6.75% 

Richmond 

5.64% 

5.74% 

5.89% 


Monday, September 12, 2022

NYC PUBLIC ADVOCATE'S STATEMENT ON HIS BILL BANNING SOLITARY CONFINEMENT AND COUNCIL SPEAKER ADAMS' CO-SPONSORSHIP

 

"I want to thank Speaker Adams for signing on in support of our legislation to finally, truly ban solitary confinement in New York City – a bill for which we now have a supermajority of Council Members as co-sponsors. Banning solitary confinement– not just in name, but a real end to this dangerous, torturous practice, is an urgent priority for my office and our city, and it is an honor to have her partnership and voice in the fight to get this done. 


"Our bill provides clear guidelines, based on the experiences of people who have endured solitary, to allow for short term separation when needed while preventing the deeply damaging practice and impact of punitive isolation. Together with a coalition of incredible advocates and the leadership of the Speaker and Chair Carlina Rivera, we are committed to imminently holding a hearing on the bill and moving toward a final vote to implement a real, enforceable ban on solitary."


Leader Of Tax Fraud And Identity Theft Scheme Sentenced To 12 Years In Prison

 

Ariel Jimenez Sold the Stolen Identities of Children to Thousands of His Customers, Triggering Tens of Millions of Dollars in Fraudulent Tax Loss

 Damian Williams, the United States Attorney for the Southern District of New York, announced that ARIEL JIMENEZ, a/k/a “Melo,” was sentenced to 12 years in prison in connection with his leading role in a broad tax fraud and identity theft conspiracy and his actions to launder the proceeds of his crimes.  United States District Judge Sidney H. Stein imposed today’s sentence.

U.S. Attorney Damian Williams said: “Ariel Jimenez was the leader of a long-running fraudulent tax business that cheated the Government of tax refunds by stealing the identities of vulnerable children and using those identities to falsely claim tax credits on behalf of his clients.  Today’s sentence holds Jimenez accountable for brazenly selling the identities of children to his customers for his own profit.” 

According to the Indictment, evidence presented during trial, court documents, and statements in open court:

Beginning in or about 2007, JIMENEZ founded a tax business (the “Business”) in the Bronx, New York.  From the outset, JIMENEZ obtained stolen identities of hundreds of minors and, working with his co-conspirators, sold those identities to his customers for between $1,000 and $1,500 in cash so that customers could claim those minors as fraudulent dependents on their tax returns.  JIMENEZ personally received $1,000 in cash for every identity sold.  JIMENEZ and his co-conspirators callously referred to these stolen identities as “pollitos,” meaning “little chickens.”  In some years, JIMENEZ sold more than a thousand identities, resulting in personal profits to him of more than $1 million per year.  In addition, JIMENEZ made hundreds of thousands of dollars every year in the tax fees that the Business charged to prepare fraudulent tax returns.  In return for their participation in this scheme, the customers received thousands of dollars in inflated tax refunds.

JIMENEZ’s use of stolen identities harmed the actual caretakers of the children who were fraudulently claimed as dependents.  In some cases, the people actually taking care of these children had much-needed tax refunds delayed and were required to prove their actual connection to their own dependent children.

JIMENEZ used the profits from his tax preparation business to acquire millions of dollars of real estate in addition to funding his lavish lifestyle.  By his own admission, JIMENEZ spent more than $5.5 million of the Business’s proceeds on properties in the United States and abroad, jewelry, cars, and gambling.  In or about March 2016, JIMENEZ transferred several properties purchased with fraud proceeds to his parents for little to no value in order to conceal the criminal source of the funds used to purchase the properties. 

JIMENEZ was first arrested in November 2018 along with eight of his co-conspirators, including his sisters Evelin Jimenez and Ana Yessenia Jimenez, as well as additional co-conspirators Ireline Nunez, Leyvi Castillo, Cinthia Federo, Guillermo Arias Moncion, Marcos De Jesus Pantaleon, and Jose Castillo.  The remaining eight defendants pled guilty to fraud and other offenses.

ARIEL JIMENEZ, 38, of the Bronx, New York was previously convicted at trial of conspiracy to defraud the United States with respect to tax returns, conspiracy to commit wire fraud, aggravated identity theft, and money laundering.  In addition to his prison sentence, JIMENEZ was ordered to pay forfeiture in the amount of $14,580,000 and to forfeit three residential properties located in the Bronx.  JIMENEZ was also ordered to pay restitution in the amount of $44,769,906.

Evelin Jimenez was sentenced on August 12, 2022, to 52 months in prison; Ana Yessenia Jimenez was sentenced on August 9, 2022, to 24 months in prison; Leyvi Castillo was sentenced on October 27, 2021, to 20 months in prison; Cinthia Federo was sentenced on December 20, 2021, to time served; Guillermo Arias Moncion was sentenced on December 18, 2019, to 24 months in prison; Marcos De Jesus Pantaleon was sentenced on January 15, 2020, to 20 months in prison; and Jose Castillo was sentenced on February 20, 2020, to 24 months in prison.  Ireline Nunez has not yet been sentenced.

Mr. Williams praised the outstanding work of the IRS-Criminal Investigation.