Seven Charged with Terrorism Violations in North Carolina

RALEIGH, NC—Seven individuals have been charged with conspiring to provide material support to terrorists and conspiring to murder, kidnap, maim, and injure persons abroad, David Kris, Assistant Attorney General for the National Security Division; George E.B. Holding, U.S. Attorney for the Eastern District of North Carolina; and Owen D. Harris, Special Agent in Charge of the FBI’s Charlotte Field Division, announced today.

On Wednesday, July 22, 2009, a federal grand jury in the Eastern District of North Carolina returned a sealed seven-count indictment against the following defendants:

Daniel Patrick Boyd, 39, a U.S. citizen and resident of North Carolina Hysen Sherifi, 24, a native of Kosovo and a U.S. legal permanent resident located in North Carolina Anes Subasic, 33, a naturalized U.S. citizen and resident of North Carolina Zakariya Boyd, 20, a U.S. citizen and resident of North Carolina Dylan Boyd, 22, a U.S. citizen and resident of North Carolina Mohammad Omar Aly Hassan, 22, a U.S. citizen and resident of North Carolina Ziyad Yaghi, 21, a U.S. citizen and resident of North Carolina All the defendants are charged with conspiracy to provide material support to terrorists, as well as conspiracy to murder, kidnap, maim and injure persons abroad. In addition, Daniel Boyd, Hysen Sherifi and Zakariya Boyd are each charged with possession of a firearm in furtherance of a crime of violence. Daniel Boyd and Dylan Boyd are also each charged with selling a firearm to a convicted felon. Finally, Daniel Boyd is also charged with receiving a firearm through interstate commerce and two counts of making false statements in a terrorism investigation.

The defendants were arrested at various locations this morning by the FBI and other law enforcement agencies. They made their initial appearances today in federal court in Raleigh, N.C. At that time, the indictment was unsealed.

“The indictment alleges that Daniel Boyd is a veteran of terrorist training camps in Pakistan and Afghanistan who, over the past three years, has conspired with others in this country to recruit and help young men travel overseas in order to kill. Given the weapons allegedly involved in this conspiracy and the seriousness of the charges, the many agents, analysts, and prosecutors who were able to bring about this case and safely remove these defendants from our streets deserve special thanks,” said David Kris, Assistant Attorney General for the National Security Division.

“These charges hammer home the point that terrorists and their supporters are not confined to the remote regions of some far away land but can grow and fester right here at home. Terrorists and their supporters are relentless and constant in their efforts to hurt and kill innocent people across the globe. We must be equally relentless and constant in our efforts to stop them,” said U.S. Attorney George E.B. Holding.

“The threat that extremists and radicals pose to America and our allies has not dulled or gone away. These arrests today show there are people living among us, in our communities in North Carolina and around the U.S., that are honing their skills to carry out acts of murder and mayhem. Their ultimate goal is to wage war on freedom and democracy. The FBI and our law enforcement partners are doing all we can to stop them from thriving and successfully attacking again,” said Owen D. Harris, Special Agent in Charge of the Charlotte Division of the FBI. “We will remain vigilant, so must the public. If you see or hear something—act—call your local police department or the FBI. September 11th is not a vague memory for us, nor should it be for anyone.”

“The cooperation between federal, state and local authorities throughout this investigation has been outstanding. It is only with our ongoing law enforcement partnership through the Joint Terrorism Task Force in conjunction with North Carolina’s fusion center, ISAAC, that we are able to ensure public safety from these terrorist threats,” said North Carolina State Bureau of Investigation Director Robin P. Pendergraft.

According to the indictment, during the period from 1989 through 1992, Daniel Boyd traveled to Pakistan and Afghanistan where he received military-style training in terrorist training camps for the purpose of engaging in violent jihad. Following this training, he allegedly fought in Afghanistan.

From roughly November 2006 through at least July 2009, the indictment alleges that Daniel Boyd and the other defendants conspired to provide material support and resources to terrorists, including currency, training, transportation, and personnel. The defendants also conspired to murder, kidnap, maim, and injure persons abroad during this period. The object of the conspiracy, according to the indictment, was to advance violent jihad, including supporting and participating in terrorist activities abroad and committing acts of murder, kidnapping, or maiming persons abroad.

The indictment alleges that, as part of the conspiracy, the defendants prepared themselves to engage in violent jihad and were willing to die as martyrs. They also allegedly offered training in weapons and financing, and helped arrange overseas travel and contacts so others could wage violent jihad overseas.

As part of the conspiracy, the indictment further alleges that the defendants raised money to support training efforts, disguised the destination of such monies from the donors, and obtained assault weapons to develop skills with the weapons. Some defendants also allegedly radicalized others to believe that violent jihad was a personal religious obligation.

Among other acts, the indictment alleges that Daniel Boyd traveled to Gaza in March 2006 and attempted to enter Palestine in order to introduce his son to individuals who also believed that violent jihad was a personal religious obligation. Later, in October 2006, defendant Ziyad Yaghi allegedly departed the United States for Jordan to engage in violent jihad.

In June 2007, Daniel Boyd and several other defendants departed the United States for Israel in an effort to engage in violent jihad, but ultimately returned to the United States after failing in their efforts. According to the indictment, after his return to the United States, Daniel Boyd made false statements twice to federal officials about who he had planned to meet on his trip to Israel.

In February 2008, Daniel Boyd allegedly solicited money to fund the travel of additional individuals overseas to engage in violent jihad and in March 2008, discussed with Anes Subasic preparations to send two individuals abroad for this purpose. He allegedly accepted $500 in cash from defendant Hysen Sherifi to be used to help fund jihad overseas and later showed Sherifi how to operate an AK-47 assault weapon.

In July 2008, Sharifi allegedly departed the United States for Kosovo to engage in violent jihad. According to the indictment, Sharifi later returned to North Carolina in April 2009, for the purpose of soliciting funds and personnel to support the mujihadeen.

The indictment also alleges that Daniel Boyd obtained a variety of weapons in furtherance of the conspiracy to murder persons overseas and provide material support to terrorists. These included a Bushmaster M4A3 rifle that Boyd allegedly received illegally via interstate commerce in 2006, as well as an ETA M16 V System C-MAG that he purchased in 2006. In 2007, he allegedly purchased a Ruger mini 14 long gun.

During 2008, the indictment alleges that Boyd purchased a Mossburg 100 ATR .270 rifle, a Llama Camanche III .357 revolver, a Century Arms AK Sporter 7.62 X 39 rifle and a Ruger mini 30 7.62 X 39 rifle. During 2009, Boyd allegedly purchased a Ishmash SAGA .308 rifle, a Century Arms Polish Tantal 5.45 X 39 rifle, a Century Arms C91 rifle .308, a Century Arms M70B1 7.62 X 34 rifle, a Ruger mini 14 5.56 rifle, and a Smith & Wesson MP15 .223 rifle.

The indictment further alleges that in February 2009, Daniel Boyd and his son, Dylan Boyd, knowingly sold a Beretta 9 mm handgun and ammunition to a convicted felon. In addition, the indictment alleges that in June 2009, Daniel Boyd and his son, Zakariya Boyd, used firearms in furtherance of a crime of violence, specifically conspiracy to murder.

Finally, the indictment alleges that Daniel Boyd and several of the defendants practiced military tactics and the use of weapons on private property in Caswell County, N.C., in June and July 2009.

Each of the defendants faces potential life imprisonment if convicted of conspiracy to murder, kidnap, maim, and injure persons abroad. In addition, conspiracy to provide material support to terrorists carries a maximum 15-year sentence. The charges of receiving a firearm through interstate commerce and selling a firearm to a convicted felon each carry a maximum 10-year sentence. Making false statements in a terrorism investigation carries a maximum eight-year sentence, while possession of a firearm in furtherance of a crime of violence carries a consecutive five-year sentence.

This investigation is being conducted by the Raleigh Joint Terrorism Task Force of the Charlotte Division of the FBI and NCISAAC, the North Carolina Information Sharing and Analysis Center.

The prosecution is being handled by Assistant U.S. Attorneys Barbara D. Kocher and Jason Cowley of the U.S. Attorney’s Office for the Eastern District of North Carolina, and Trial Attorney Jason Kellhofer, of the Counterterrorism Section in the Justice Department’s National Security Division.

The public is reminded that an indictment contains mere allegations. Defendants are presumed innocent unless and until proven guilty in a court of law.

NOTE The following text is a quote:

www.fbi.gov/charlotte/press-releases/2012/two-plead-guilty-in-north-carolina-to-murder-for-hire

Two Plead Guilty in North Carolina to Murder-for-Hire

U.S. Attorney’s Office
November 01, 2012

Eastern District of North Carolina

RALEIGH, NC—Shkumbin Sherifi, 22, and Nevine Elsheikh, 47, of Raleigh, pleaded guilty today before Senior U.S. District Judge W. Earl Britt to conspiracy to commit murder-for-hire, announced Thomas G. Walker, U.S. Attorney for the Eastern District of North Carolina.

On January 20, 2012, a criminal complaint for conspiring to commit murder was issued by a U.S. magistrate judge, and the arrests of Sherifi and Elsheikh followed on January 22, 2012. A federal grand jury sitting in the Eastern District of North Carolina returned an indictment on February 21, 2012, charging Shkumbin Sherifi, Nevine Elsheikh, and Shkumbin’s brother, Hysen Sherifi, with conspiracy to commit murder-for-hire and related charges. Hysen Sherifi was previously convicted on terrorism charges in 2011 and sentenced to 45 years in January 2012.

According to the indictment, beginning in December 2011 through January 22, 2012, Shkumbin Sherifi and Nevine Elsheikh conspired with each other and Hysen Sherifi to commit murder-for-hire. The object of the murder-for-hire was to retaliate against witnesses who provided testimony in Hysen Sherifi’s 2011 trial and prevent their testimony in the subsequent trial of co-defendant Anes Subasic.

At sentencing, Sherifi and Elsheikh face a potential of 10 years in prison, followed by up to three years of supervised release, for knowingly participating in the conspiracy.

The investigation was conducted by the FBI Resident Agencies in Raleigh and Wilmington, North Carolina, with the assistance of the New Hanover County, N.C., Sheriff’s Office.

The prosecution is being handled by Assistant U.S. Attorneys J. Frank Bradsher and Brian S. Meyers of the U.S. Attorney’s Office for the Eastern District of North Carolina and Trial Attorney Matthew F. Blue of the Counterterrorism Section in the Justice Department’s National Security Division.

NOTE The following text is a quote:

www.fbi.gov/charlotte/press-releases/2012/jury-in-north-carolina-finds-convicted-terrorist-guilty-of-murder-for-hire-plot

Jury in North Carolina Finds Convicted Terrorist Guilty of Murder-for-Hire Plot

U.S. Attorney’s Office
November 08, 2012

Eastern District of North Carolina

RALEIGH, NC—In federal court today, a trial jury found Hysen Sherifi, 28, of Raleigh, guilty of nine counts involving conspiring to commit a murder-for-hire, announced Thomas G. Walker, U.S. Attorney for the Eastern District of North Carolina.

U.S. Attorney Walker stated, “This conviction is further evidence of our resolve to pursue those who seek to attack our freedoms and destroy the way of life we all cherish. We will not waiver in our commitment to bring these individuals to justice.”

Following a trial that began on Monday, November 5, 2012, Sherifi was convicted of conspiring with two others to commit a murder with an agreement to pay for that murder in retaliation for testimony given by witnesses in a previous material support terrorism case.

Sherifi was charged along with his brother, Shkumbin Sherifi, and Nevine Elshiekh in a federal indictment filed on February 21, 2012. Shkumbin Sherifi and Elshiekh entered into plea agreements with the United States and served as witnesses for the government during the trial. Hysen Sherifi was previously convicted on terrorism charges in 2011 and sentenced to 45 years in January 2012.

“Thanks to a coordinated law enforcement effort, Hysen Sherifi’s jailhouse plot to behead federal agents and witnesses involved in his prior terrorism prosecution was thwarted before anyone was harmed. Today, he is being held accountable for his actions,” said Lisa Monaco, Assistant Attorney General for National Security. “I applaud the agents and prosecutors responsible for this successful prosecution.”

The trial evidence and testimony proved that from November 2011 through January 22, 2012, Sherifi conspired to pay a hitman to murder and behead three witnesses and three law enforcement officers who testified against him in the 2011 trial. The plot was designed to get revenge for the witnesses’ testimony; to help his former co-defendant, Anes Subasic, in his May 2012 terrorism trial; and to win an appeal and dismissal of his own terrorism charges.

While incarcerated at the New Hanover County, North Carolina Detention Facility in October 2011, Sherifi approached another inmate seeking information on hiring someone to commit the murders. The inmate reported the conversation to his attorney and federal agents and began working for the government in November 2011.

Hysen Sherifi enlisted the help of his brother and Elshiekh to raise money for the murder and used them as couriers of the money and messages, including the identities of the witnesses, to another informant outside the detention facility. A total of $5,000 was passed from Sherifi, his brother, and Elshiekh to the outside informant for the purpose of paying the hitman.

On the day of his arrest, Shkumbin Sherifi couriered staged photos of the dead body of one of the witnesses and a photo of his severed head to his brother in the detention facility as proof that the first murder had been committed.

The evidence presented at trial included, among other things, recordings of jail calls, jail visits, wiretap recordings from inside and outside of the jail, as well as the testimony of the two informants and the two co-conspirators.

“Hysen Sherifi, while in prison on a prior conviction on terrorism-related crimes, hatched a bizarre murder-for-hire plot against the witnesses who bravely helped convict him, even enlisting a friend and family member to help him carry out the scheme. The FBI is committed to vigorously investigating these types of crimes, regardless of where they may originate, especially when they attempt to thwart the judicial process,” said Chris Briese, Special Agent in Charge of the FBI Charlotte Field Office.

At sentencing, Sherifi faces a potential maximum penalty of life in prison. Senior U.S. District Court Judge W. Earl Britt will determine his sentence on February 4, 2013.

The investigation of this case was conducted by the FBI Resident Agencies in Raleigh and Wilmington, North Carolina, with the assistance of the New Hanover County Sheriff’s Office.

NOTE The following text is a quote:

www.fbi.gov/charlotte/press-releases/2014/fourth-circuit-affirms-convictions-of-boyd-defendants

Fourth Circuit Affirms Convictions of Boyd Defendants

U.S. Attorney’s Office
February 04, 2014

Eastern District of North Carolina

RALEIGH—United States Attorney Thomas G. Walker announced that today, the United States Court of Appeals for the Fourth Circuit affirmed the convictions and sentences of defendants Mohammad Omar Aly Hassan, Ziyad Yaghi, and Hysen Sherifi, who were charged and convicted as a part of United States v. Boyd et al. in the Eastern District of North Carolina. Mr. Walker stated, “This decision not only affirms the convictions and sentences of these individuals, but it affirms the dedication of the many agencies involved in this investigation and prosecution to protect our nation from harms both foreign and domestic.”

The issues raised by the defendants included the sufficiency of the evidence, First or Second Amendment rights, whether portions of the government’s evidence were improperly admitted and defendants’ evidence improperly excluded, whether probable cause existed for surveillance authorized under the Foreign Intelligence Surveillance Act, and sentencing challenges including the imposition of the terrorism enhancement set forth under the United States Sentencing Guidelines. The Fourth Circuit rejected each of these challenges and went further to state, “The laudable efforts of law enforcement and the prosecutors have ensured that, on this occasion at least, we will not be left to second-guess how a terrorist attack could have been prevented.”

The indictment in United States v. Boyd et al. alleged that, as part of the conspiracy, the multiple defendants in the case prepared themselves to engage in violent acts and were willing to die as martyrs. They also offered training in weapons and financing and helped arrange overseas travel and contacts so others could wage violent acts overseas. In addition, as part of the conspiracy, the defendants raised money to support training efforts, disguised the destination of such money from the donors, obtained assault weapons, and trained in military tactics. Some defendants also radicalized and recruited others to believe that violent acts were a personal religious obligation.

On October 13, 2011, after a month-long trial, a federal jury convicted Hassan, Yaghi, and Sherifi. Yaghi and Sherifi were convicted on all counts, while Hassan was acquitted of conspiring to carry out attacks overseas, but convicted of providing material support to terrorists, in violation of Title 18 United States Code, Section 2339A. Sherifi was sentenced to 45 years’ imprisonment. Yaghi was sentenced to 31 years and six months of imprisonment. Hassan was sentenced to 15 years’ imprisonment.

The co-defendants in this case included Daniel Patrick Boyd, Dylan Boyd, Zakariya Boyd, and Anes Subasic. Zakariya Boyd pled guilty on June 7, 2011, to one count of conspiracy to provide material support to terrorists, in violation of Title 18, United States Code, Section 2339A, and received a sentence of nine years’ imprisonment. On September 14, 2011, Dylan Boyd pled guilty to one count of aiding and abetting a conspiracy to provide material support to terrorists, in violation of Title 18, United States Code, Section 2339A, and received a sentence of eight years’ imprisonment. On February 9, 2011, Daniel Patrick Boyd pled guilty to one count of conspiracy to provide material support to terrorists, in violation of Title 18, United States Code, Section 2339A, and one count of conspiracy to murder, kidnap, maim, and injure persons in a foreign country, in violation of Title 18, United States Code, Section 956(a). Daniel Boyd’s sentencing was held in abeyance until the conclusion of Subasic’s trial. On June 14, 2012, Subasic was found guilty of conspiracy to provide material support to terrorists, in violation of Title 18, United States Code, Section 2339A, and conspiracy to murder, kidnap, maim, and injure persons in a foreign country, in violation of Title 18, United States Code, Section 956(a). Subasic represented himself at his jury trial. On August 24, 2012, Subasic was sentenced to 30 years’ imprisonment, and Daniel Boyd was sentenced to 18 years’ imprisonment. Subasic’s appeal is pending and will be argued separately.

Investigation of this case was conducted by the Federal Bureau of Investigation, Charlotte Division, Raleigh Resident Agency Joint Terrorism Task Force (JTTF). The Raleigh JTTF consists of the following agencies: FBI, DHS-HSI, Raleigh Police Department, Durham Police Department, North Carolina State Bureau of Investigation, and North Carolina Department of Public Safety (North Carolina State Highway Patrol and North Carolina Alcohol Law Enforcement). The prosecution on appeal was handled by Assistant United States Attorneys Jason Kellhofer and Kristine Fritz. The prosecution in district court was handled by Assistant United States Attorneys John Bowler and Barbara Kocher and by then-Trial Attorney Jason Kellhofer of the Counterterrorism Section in the Justice Department’s National Security Division.

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