Defendants Charged Following Armed Coup Attack in the Democratic Republic of the Congo (US Citizens, to be charged in NY and Utah Fed court)

Note: View the criminal complaint.

A criminal complaint was unsealed today in the District of Utah charging Marcel Malanga, 22, Tyler Thompson, 22, Benjamin Zalman-Polun, 37, and Joseph Peter Moesser, 67, all U.S. citizens, with conspiring to provide material support and resources, conspiracy to use weapons of mass destruction, conspiracy to bomb places of government facilities, and conspiracy to kill or kidnap persons in a foreign country, among other offenses.

Malanga, Thompson, and Polun are expected to make their initial appearances at the federal courthouse in Brooklyn, New York. Moesser is expected to make his initial appearance on April 10 at the federal courthouse in Salt Lake City. After their initial appearances in New York, it is expected that Malanga, Thompson, and Polun will appear in Salt Lake City, Utah, for further legal proceedings.

As alleged in the complaint, the defendants conspired to unlawfully carry out a coup d’état in the Democratic Republic of the Congo (DRC). The coconspirators conducted an armed military operation (Armed Coup Attack) specifically targeting DRC President Félix Tshisekedi and Deputy Prime Minister for the Economy Vital Kamerhe (Kamerhe), attacking both the Palais de la Nation (the official residence and principal workplace of the president) and Kamerhe’s private residence in Kinshasa, DRC. Men wearing camouflage fatigues and armed with weapons attacked and entered the Palais de la Nation. Armed men also attacked Kamerhe’s residence, which was riddled with bullet holes after the attack. At least six people died during the attack, including two police officers protecting Kamerhe’s residence, and at least one innocent civilian. The goal of these rebel forces was to overthrow the DRC government, establish a new government known as the New Zaire, and install Christian Malanga, now deceased, as the president of the New Zaire.

Christian Malanga acted as a leader and organizer of these rebel forces. It was the goal of these rebel forces to topple the DRC government and to murder President Félix Tshisekedi, Kamerhe, and others, with the goal of installing Christian as the new president of the DRC. Marcel Malanga also held himself out as a leader of the rebel forces and identified himself as the “Chief of Staff of the Zaire army.” Polun was Christian Malanga’s chief of staff. Moesser was the explosives maker, explosives technician, and explosives supplier. Thompson was a soldier and drone specialist/operator.

Also as alleged in the complaint, Christian Malanga, Marcel Malanga, Thompson, Polun, and Moesser conspired to provide material support and resources including services, training, expert advice or assistance, communication equipment, weapons, explosives, and personnel to the rebel army which was formed to overthrow the DRC government. Further, the defendants conspired to acquire and use weapons of mass destruction during the Armed Coup Attack. The coconspirators planned to use bombs that could be deployed to their targets by drone(s). Targets included people, private residences, and public buildings. They also intended to attach a flamethrower device to a drone and use it as an incendiary device to light people on fire.

The defendants planned, scouted out targets, and identified victims for the Armed Coup Attack, with the purpose and intent to murder other persons, including high-level DRC government officials. They recruited others to join in the Armed Coup Attack as personnel for the rebel army and, in some cases, recruited personnel in exchange for money. The defendants also acquired and attempted to acquire explosive and incendiary devices with the purpose and intent to use such devices to target individuals, private property, and DRC government buildings. Coconspirators communicated with and procured destructive devices, to include carrier devices such as drones, explosives, incendiary devices, and delivery mechanisms, from businesses, private parties, and at least one individual associated with a foreign military to effectuate the Armed Coup Attack.

Additionally, they procured from businesses and private parties, military equipment to include firearms, ammunition, uniforms, communication equipment, and communication jamming equipment. The coconspirators planned to transport weapons, explosives, and resources from the United States to the DRC to effectuate the Armed Coup Attack, and they then transported weapons and resources to the DRC. Further, the defendants engaged in firearms and weapons training in the United States and in Africa to provide services and support during the conspiracy and Armed Coup Attack.

If convicted, the defendants face a maximum penalty of up to 15 years in prison for each count of conspiring to provide material support and resources; and up to life in prison for each count of conspiracy to use weapons of mass destruction, conspiracy to bomb places of government facilities, and conspiracy to kill or kidnap persons in a foreign country. Additionally, if convicted, Malanga and Thompson each face a maximum penalty of up to 15 years in prison for each count of taking a firearm out of the United States to engage in a felony. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Sue J. Bai, head of the U.S. Department of Justice National Security Division, Acting U.S. Attorney Felice John Viti for the District of Utah, and Special Agent in Charge Mehtab Syed of the FBI Salt Lake City Field Office made the announcement.

The case is being investigated by the FBI Salt Lake City Field Office, with assistance by the FBI New York Field Office and the FBI’s Legal Attaché Office in Nairobi, Kenya, which oversees the Democratic Republic of Congo.

Assistant U.S. Attorneys Bryan R. Whittaker, Chief, National Security and Cybercrimes Section, and Jonathan Stowers of the U.S. Attorney’s Office for the District of Utah, and Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section are prosecuting the case. The Criminal Division’s Office of International Affairs has also provided substantial assistance to the prosecution team.

A complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.