JHK:DMB/JPL/BWB F.#2010R00057

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

- - - - - - - - - - - - - X

UNITED STATES OF AMERICA

- against -

ADIS MEDUNJANIN,

also known as "Muhammad," ABID NASEER,

ADNAN EL SHUKRIJUMAH,

also known as "Hamad," TARIQ UR REHMAN and

FNU LNU,

also known as "Ahmad" and "Zahid,"

Defendants.

- - - X

THE GRAND JURY CHARGES:

SUP E R SED I N G I N D I C T MEN T

Cr. No. 10- 019 (S - 3) (RJD) (T. 18, U.S.C.,

§§ 924 (c) (1) (A) (i) , 924 (c) (1) (A) (ii),

924 (c) (1) (B) (ii), 924 (0) , 956 (a) (1), 956 (a) (2), 2332a (a) (2) r

2332b(a) (1) (A),

2332b (a) (2) ,

2332b(b) (1) (A),

2332b(b) (1) (B),

2332b(c) (1) (A),

2332b(c) (1) (C),

2332b(c) (1) (D),

2332b(c) (1) (F),

2332b(c) (2), 2339B(a) (1), 2339B (d) (1) (A) ,

2339B(d) (1) (C),

2339B (d) (1) (D) ,

2339B(d) (1) (E),

2339B (d) (1) (F), 2339D (a) , 2339D(b) (1), 2339D(b) (3), 2339D (b) (5), 2339D (b) (6), 2 and 3551 et ~.)

COUNT ONE

(Conspiracy To Use Weapons Of Mass Destruction)

1. In or about and between September 2008 and

September 2009, both dates being approximate and inclusive,

within the Eastern District of New York and elsewhere, the

defendants ADIS MEDUNJANIN, also known as "Muhammad," ADNAN EL

SHUKRIJUMAH, also known as "Hamad," and FNU LNU, also known as

"Ahmad" and "Zahid," together with others, including Najibullah

Zazi, Zarein Ahmedzay, Rashid Rauf, also known as "Ibrahim," and

FNU LNU, also known as "Abdul Hafeez," "Abdul Hafidh" and "Saleh

al-Somali," did knowingly and intentionally and without lawful

authority conspire to use one or more weapons of mass

destruction, to wit: explosive bombs and other similar explosive

devices, against persons and property within the United States,

and: (1) facilities of interstate and foreign commerce, to wit:

e-mail and the internet, were used in furtherance of the offense,

(2) one or more perpetrators, to wit: the defendant ADIS

MEDUNJANIN and others, including Najibullah Zazi and Zarein

Ahmedzay, traveled in interstate and foreign commerce, and (3)

the offense and the results of the offense would have affected

interstate and foreign commerce.

(Title 18, United States Code, Sections 2332a (a) (2) and

3551 et ~.)

COUNT TWO

(Conspiracy To Commit Murder In A Foreign Country)

2. In or about and between January 2008 and September

2008, both dates being approximate and inclusive, within the

Eastern District of New York and elsewhere within the

jurisdiction of the United States, the defendant ADIS MEDUNJANIN,

also known as "Muhammad," together with others, did knowingly and

intentionally conspire to commit one or more acts outside of the

United States that would constitute the offenses of murder and

maiming if committed in the special maritime and territorial

jurisdiction of the United States, and one or more of the

conspirators did commit an act within the jurisdiction of the

United States to effect an object of the conspiracy.

3. In furtherance of the conspiracy and to effect its

objectives, the defendant ADIS MEDUNJANIN, together with others,

knowingly committed and caused to be committed, among others, the

following:

OVERT ACT

a. On or about August 28, 2008, the defendant

ADIS MEDUNJANIN, together with others, to wit: Najibullah Zazi

and Zarein Ahmedzay, boarded a flight at Newark Liberty

International Airport to fly from Newark, New Jersey to Doha,

Qatar and Peshawar, Pakistan.

(Title 18, United States Code, Sections 956 (a) (1) ,

95 6 (a) (2) and 3 5 5 1 e t .§.£g.)

COUNT THREE (Providing Material Support

To A Foreign Terrorist Organization)

4. In or about and between September 2008 and January

2010, both dates being approximate and inclusive, within the

Eastern District of New York and elsewhere, including the

extraterritorial jurisdiction of the United States, the

defendants

ADIS MEDUNJANIN,

also known as "Muhammad," ABID NASEER, ADNAN EL SHUKRIJUM..llli, also

known as "Hamad," TARIQ UR REHMAN and FNU LNU, also known as

"Ahmad" and "Zahid," together with others, including Najibullah

Zazi, Zarein Ahmedzay, Rashid Rauf, also known as "Ibrahim," and

FNU LNU, also known as "Abdul Hafeez," "Abdul Hafidh" and "Saleh

al-Somali," did knowingly and intentionally provide material

support and resources, as defined in 18 U.S.C. § 2339A(b),

including currency, lodging, training, safehousesr communications

equipmentr personnelr and transportation to a foreign terrorist

organization, to wit: al-Qaeda, which has been designated by the

Secretary of State as a foreign terrorist organization since

1999r pursuant to Section 219 of the Immigration and Nationality

Act.

(Title 18, United States Code, Sections 2339B(a) (1),

2339B (d) (1) (A), 2339B (d) (1) (C) r 2339B (d) (1) (D), 2339B (d) (1) (E) ,

2339B (d) (1) (F), 2 and 3551 et seq.)

COUNT FOUR

(Conspiracy to Provide Material Support To A Foreign Terrorist Organization)

5. In or about and between September 2008 and January

2010, both dates being approximate and inclusive, within the

Eastern District of New York and elsewherer including the

extraterritorial jurisdiction of the United Statesr the

defendants

ADIS MEDUNJANIN,

also known as "Muhammad," ABID NASEER, ADNAN EL SHUKRIJUMAH, also

known as "Hamad," TARIQ UR REHMAN and FNU LNU, also known as

"Ahmad" and "Zahid," together with others, including Najibullah

Zazi, Zarein Ahmedzay, Rashid Rauf, also known as "Ibrahim," and

FNU LNU, also known as "Abdul Hafeez," "Abdul Hafidh" and "Saleh

al-Somali," did knowingly and intentionally conspire to provide

material support and resources, as defined in 18 U.S.C.

§ 2339A(b), including currency, lodging, training, safehouses,

communications equipment, personnel, and transportation to a

foreign terrorist organization, to wit: al-Qaeda, which has been

designated by the Secretary of State as a foreign terrorist

organization since 1999, pursuant to Section 219 of the

Immigration and Nationality Act.

(Title 18, United States Code, Sections 2339B(a) (1),

2339B (d) (1) (A), 2339B (d) (1) (C), 2339B (d) (1) (D), 2339B (d) (1) (E) ,

2339B (d) (1) (F) and 3551 et ~.)

COUNT FIVE

(Receiving Military-Type Training From A Foreign Terrorist Organization)

6. In or about and between August 2008 and October

2008, both dates being approximate and inclusive, within the

extraterritorial jurisdiction of the United States, the defendant

ADIS MEDUNJANIN, also known as "Muhammad," together with others,

did knowingly and intentionally receive military-type training,

as defined in 18 U.S.C. § 2339D(c) (1), from and on behalf of a

foreign terrorist organization, to wit: al-Qaeda, which has been

designated by the Secretary of State as a foreign terrorist

organization since October 1999, pursuant to Section 219(a) (1) of

the Immigration and Nationality Act.

(Title 18, United States Code, Sections 2339D(a),

2339D(b) (1), 2339D(b) (3), 2339D(b) (5), 2 and 3551 et ~.)

COUNT SIX

(Receiving Military-Type Training From A Foreign Terrorist Organization)

7. In or about and between August 2008 and October

2008, both dates being approximate and inclusive, within the

extraterritorial jurisdiction of the United States, the

SHUKRIJUMAH, also known as "Hamad," and FNU LNU, also known as

"Ahmad" and "Zahid," together with others, did knowingly and

intentionally aid and abet others, including ADIS MEDUNJANIN,

also known as "Muhammad," Najibullah Zazi, and Zarein Ahmedzay,

in receiving military-type training, as defined in 18 U.S.C.

§ 2339D (c) (1), from and on behalf of a foreign terrorist

organization, to wit: al-Qaeda, which has been designated by the

Secretary of State as a foreign terrorist organization since

October 1999, pursuant to Section 219(a) (1) of the Immigration

and Nationality Act.

(Title 18, United States Code, Sections 2339D(a) ,

2339D(b) (3), 2339D(b) (5), 2339D(b) (6), 2 and 3551 et seq.)

COUNT SEVEN

(Conspiracy to Commit an Act of Terrorism Transcending National Boundaries)

8. In or about and between September 2008 and January

2010, both dates being approximate and inclusive, within the

Eastern District of New York and elsewhere and involving conduct

transcending national boundaries, the defendants ADIS MEDUNJANIN,

also known as "Muhammad," ADNAN EL SHUKRIJUMAH, also known as

"Hamad," and FNU LNU, also known as "Ahmad" and "Zahid," together with others, including Najibullah Zazi, Zarein Ahmedzay, Rashid Rauf, also known as "Ibrahim," and FNU LNU, also known as "Abdul Hafeez," "Abdul Hafidh" and "Saleh al-Somali," did knowingly and intentionally conspire to kill, maim and assault one or more persons within the United States, in violation of Sections 120.10(1) and 125.25(1) of the New York State Penal Law, and (1) facilities of interstate and foreign commerce, to wit: e-mail, the internet and a cellular telephone, were used in furtherance of the offense, and (2) the offense would have affected interstate and foreign commerce if consummated.

9. In furtherance of the conspiracy and to effect the

objectives thereof, the defendants ADIS MEDUNJANIN, ADNAN EL SHUKRIJUMAH, also known as "Hamad," and FNU LNU, also known as "Ahmad" and "Zahid," together with others, knowingly committed and caused to be committed, among others, the following:

OVERT ACTS

a. In or about September 2008, the defendant FNU

LNU, also known as "Ahmad" and "Zahid," transported the defendant ADIS MEDUNJANIN, Najibullah Zazi, and Zarein Ahmedzay to Waziristan so that they could receive military training from alQaeda;

b. In or about and between September 2008 and

December 2008, the defendant ADNAN EL SHUKRIJUMAH, together with others, including FNU LNU, also known as "Abdul Hafeez," "Abdul

Hafidh" and "Saleh al-Somali," recruited and directed the defendant ADIS MEDUNJANIN, Najibullah Zazi, and Zarein Ahmedzay to conduct a terrorist attack in the United Statesi

c. On or about September 25, 2008, the defendant ADIS MEDUNJANIN boarded a flight in Peshawar, Pakistan, with an ultimate destination of Newark Liberty International Airport in Newark, New JerseYi

d. In or about November 2008, the defendant FNU LNU, also known as "Ahmad" and "Zahid," transported Najibullah Zazi to Waziristan so that he could receive explosives training from al-Qaedai

e. On or about January 15, 2009, Najibullah Zazi boarded a flight in Peshawar, Pakistan, with an ultimate destination of Newark Liberty International Airport in Newark, New JerseYi

f. On or about January 22, 2009, Zarein Ahmedzay boarded a flight in Peshawar, Pakistan, with an ultimate destination of Newark Liberty International Airport in Newark, New JerseYi

g. On or about January 7, 2010, the defendant ADIS MEDUNJANIN telephoned 911 from a cellular telephone and stated to the operator: "We love death"i and

h. On or about January 7, 2010, the defendant ADIS MEDUNJANIN intentionally crashed his automobile on the

Whitestone Expressway in Queens, New York, with the intent of

killing himself and one or more additional drivers.

(Ti tle 18, United States Code, sections 2332b (a) (1) (A) ,

2332b(a) (2), 2332b(b) (1) (A), 2332b(b) (1) (B), 2332b(c) (1) (A), 2332b(c) (1) (C), 2332b(c) (1) (D), 2332b(c) (1) (F), 2332b(c) (2) and

3551 et .§.£g.)

COUNT EIGHT

(Attempt to Commit an Act of Terrorism Transcending National Boundaries)

10. In or about and between September 2008 and January

2010, both dates being approximate and inclusive, within the

Eastern District of New York and elsewhere and involving conduct

transcending national boundaries, the defendants ADIS MEDUNJANIN,

also known as "Muhammad," ADNAN EL SHUKRIJUMAH, also known as

"Hamad," and FNU LNU, also known as "Ahmad" and "Zahid," together

with others, did knowingly and intentionally attempt to kill,

maim and assault one or more persons within the United States, in

violation of Sections 120.10(1) and 125.25(1) of the New York

State Penal Law, and (1) facilities of interstate and foreign

commerce, to wit: e-mail, the internet and a cellular telephone,

were used in furtherance of the offense, and (2) the offense

would have affected interstate and foreign commerce if

consummated.

11. In furtherance of the attempt and to effect the

objectives thereof, the defendants ADIS MEDUNJANIN, ADNAN

SHUKRIJUMAH, also known as "Hamad," and FNU LNU, also known as

10

"Ahmad" and "Zahid," together with others, knowingly committed

and caused to be committed, among others, the overt acts listed

in paragraph 9(a) through (h).

(Title 18, United States Code, sections 2332b(a) (1) (A),

2332b (a) (2), 2332b (b) (1) (A), 2332b (b) (1) (B), 2332b (c) (1) (A) , 2332b(c) (1) (C), 2332b(c) (1) (D), 2332b(c) (1) (F), 2332b(c) (2), 2

and 3551 et §Eg.)

COUNT NINE

(Use of Destructive Device)

12. In or about and between August 2008 and September

2009, both dates being approximate and inclusive, within the

Eastern District of New York and elsewhere, the defendants

ADIS MEDUNJANIN, also known as

"Muhammad," ADNAN EL SHUKRIJUMAH, also known as "Hamad," and FNU

LNU, also known as "Ahmad" and "Zahid," together with others, did

knowingly and intentionally use and carry one or more firearms

during and in relation to one or more crimes of violence, to wit:

the crimes charged in Counts One, Three, Four, Five, Six, Seven,

and Eight, and did knowingly and intentionally possess one or

more firearms in furtherance of such crimes of violence, one or

more of which firearms was discharged, and one or more of which

firearms was a destructive device.

(Title 18, united States Code, Sections

924 (c) (1) (A) (i), 924 (c) (1) (A) (ii), 924 (c) (1) (B) (ii), 2 and 3551

et seq.)

11

COUNT TRN

(Conspiracy to Use a Destructive Device)

13. In or about and between September 2008 and April

2009, both dates being approximate and inclusive, within the

Eastern District of New York and elsewhere, the defendants p~ID

NASEER, TARIQ DR REHMP_N and FNU LNU, also known as \\p_hmad" and

\\Zahid," together with others, did knowingly and intentionally

conspire to use and carry a firearm during and in relation to one

or more crimes of violence, to wit: the crimes charged in Counts

Three and Four, and did knowingly and intentionally possess a

firearm in furtherance of such crimes of violence, which firearm

was a destructive device.

(Title 18, United States Code, Sections

9 2 4 (c) (1) (B) (i i), 924 (0) and 3 5 5 1 e t §£Q.)

_P,. TRUE BILL

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UNITED STATES ATTOP~EY EASTEP~ DISTRICT OF NEW YORK