Indiana
Man Charged with Working with Former
Iraqi Intelligence Officers in the United States
(FBI)
Susan W. Brooks, United States Attorney for the Southern District
of Indiana, together with Keith Lourdeau, Special Agent in Charge
of the FBI in Indiana announced the indictment and arrest of a
central Indiana resident who allegedly traveled to Iraq prior
to the 2003 invasion of Iraq and agreed to sell the names of US
intelligence operatives in that country to Saddam Hussein’s
Iraqi Intelligence Service for $3 million. SHAABAN HAFIZ AHMAD
ALI SHAABAN, also known as SHAABAN HAFED, also known as Joe Brown,
age 52, who Shaaban – never registered as an agent of Iraq
as required under federal law, yet in 2002 and 2003 when he lived
in Indianapolis, Indiana the indictment alleges that SHAABAN committed
the following specific acts:
The Government
has charged Shaaban with Conspiracy, Acting as a Foreign Agent
without Notification, violations of the Iraqi Sanctions under
the International Emergency Economic Powers Act, Unlawful Procurement
of an Identification Document and Unlawful Procurement of Naturalization.
The arrest resulted from an indictment that was returned and unsealed
following SHAABAN’s arrest and initial court appearance
in Federal Court. The charges are the result of an investigation
by the Federal Bureau of Investigation that was assisted by the
Department of Homeland Security agencies of Immigration and Customs
Enforcement and the Transportation Security Administration.
According
to United States Attorney Susan W. Brooks, federal law requires
individuals – other than diplomats, consular officers, and
attaches – who agree to act as an agent of a foreign government
to register with the Attorney General. United States Attorney
Brooks further stated Shaaban – under the International
Emergency Economic Powers Act [IEEPA] and the Iraqi Sanctions
Regulations, banned travel and any transactions with Iraq unless
authorized to by the Treasury Department’s Office of Foreign
Asset Control. These sanctions were continually in place until
May 2003 when certain sanctions were lifted and it was not until
July 2004, when the President declared that the national emergency
with Iraq was over.
The indictment
alleges Shaaban traveled to Iraq in late 2002, and while there
met with members of the IIS, or Iraqi Intelligence Service. The
IIS, known in Arabic as the Da’irat al-Mukhabbarat al-‘Amma,
or the Mukhabbarat, was the foreign intelligence arm of Iraq.
The missions of the IIS included foreign intelligence collection
(the gathering of information regarding the intentions of foreign
governments), counterintelligence (the detecting of efforts by
foreign governments to gather intelligence about the Iraq), and
the collection of information regarding individuals and groups
considered hostile to the Iraq.
Finally, the
indictment alleges that SHAABAN uses two distinct identities and
unlawfully obtained an Indiana commercial drivers license under
his assumed name of Shaaban Shaaban Hafed. The indictment also
alleges that SHAABAN failed to disclose his separate identity
when he applied to become a naturalized citizen and thereby unlawfully
obtained his citizenship.
“Seeking
out those who would work with foreign governments and organizations
hostile to this country is the top priority of the Department
of Justice,” stated United States Attorney Brooks. “Agreeing
to provide names of United States operatives to Iraq in the months
Shaaban –
FBI Special
Agent in Charge Keith Lourdeau stated, “While it is not
alleged that SHAABAN was an actual Iraqi Intelligence Officer
and charged with espionage, it is alleged that SHAABAN sought
to assist intelligence officers. Our national security is constantly
threatened by foreign intelligence services and their assets who
wish to enhance their strategic position against the United States.
The FBI will aggressively pursue those individuals who seek to
provide sensitive information to hostile governments.”
“The
Department of Homeland Security and Immigration and Customs Enforcement
(ICE) were created because individuals like SHAABAN were able
to exploit gaps in the nation’s immigration system,”
said Michelle Mangold, Acting Resident Agent in Charge for the
Indianapolis ICE office, whose agency assisted in the investigation.
“The defendant is charged with creating two separate identities
for himself in this country and was able to obtain U.S. citizenship
through illegal means, which poses a serious threat to our nation’s
security. ICE is committed to restoring integrity to our nation’s
immigration system.”
According
to Assistant United States Attorney Sharon M. Jackson, who is
prosecuting the case for the government, each count other than
the conspiracy count carries maximum possible prison sentence
of 10 years and a maximum possible fine of $250,000. The conspiracy
count carries a maximum possible prison sentence of 5 years and
a maximum possible fine of $250,000. If convicted of unlawfully
procuring citizenship or naturalization, another component of
the sentence is automatic de-naturalization.
An initial
hearing was held before US Magistrate Judge V. Sue Shields.
The indictment
is an allegation only, and the defendant is presumed innocent
unless and until proven guilty at trial or by guilty plea.