Category: Federal Bureau of Investigation

Source: Federal Bureau of Investigation FBI Crime News (b)

Jay Clayton, the United States Attorney for the Southern District of New York, and Christopher G. Raia, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that HAJI NAJIBULLAH, a/k/a “Najibullah Naim,” a/k/a “Abu Tayeb,” a/k/a “Atiqullah,” a/k/a “Nesar Ahmad Mohammad,” pled guilty to hostage taking and providing material support for acts of terrorism resulting in death in connection with NAJIBULLAH’s role in the hostage taking of an American journalist and two Afghan nationals in Afghanistan and Pakistan in 2008 and 2009, and his leadership of Taliban fighters who carried out attacks on U.S. servicemembers in Afghanistan between 2007 and 2009, resulting in the deaths of American soldiers.  NAJIBULLAH pled guilty today before U.S. District Judge Katherine Polk Failla.

U.S. Attorney Jay Clayton said: “Haji Najibullah was a Taliban commander who committed acts of terrorism against U.S. servicemembers and civilians in Afghanistan. His vicious acts of terrorism included taking hostage multiple civilians and providing material support for attacks that resulted in the deaths of brave Americans.  Najibullah committed his crimes in Afghanistan over 15 years ago, and now faces justice in an American courtroom.  Today’s guilty plea serves as an emphatic reminder that this Office, and our law enforcement partners, will aggressively pursue those who harm Americans through acts of terror, no matter where in the world they may be, and no matter how long it may take to achieve justice for their victims.  I thank the career prosecutors of this Office, and our dedicated partners, for their work in holding Najibullah accountable for his heinous crimes.”

FBI Assistant Director in Charge Christopher G. Raia said: “For years, the FBI New York JTTF and our law enforcement partners tirelessly sought justice for the hostage taking of civilians, and also for the deaths of United States service members at the hands of Taliban fighters under Najibullah’s command.  These terrorist attacks demonstrated utter disregard for humanity, and Najibullah finally admitted to his role in these premature deaths of our citizens.  Today’s plea emphasizes the FBI New York JTTF’s unwavering resolve to disrupting all acts of terrorism and ensuring any individual who targets our country will be held accountable.”

As alleged in the charging instruments, court filings, and statements in the public record:

Between approximately 1996 and 2001, the Taliban controlled Afghanistan and harbored and supported terrorists, including terrorists involved in perpetrating the September 11, 2001, terrorist attacks on the U.S.  After losing power in approximately October 2001 as a result of the U.S. and NATO-led invasion of Afghanistan, the Taliban engaged in a deadly insurgency campaign to regain control of the country.  Beginning in the early 2000s, as part of that campaign of violence, the Taliban conducted numerous suicide bombings, targeted killings, assassinations, improvised explosive device (“IED”) attacks, paramilitary ambushes, and hostage takings against the then-government of Afghanistan, U.S. military forces and their NATO and Afghan partners, and American civilians in Afghanistan.

Between in or around 2007 and 2009, NAJIBULLAH served as a Taliban commander in Afghanistan’s Wardak Province, which borders Kabul.  During that time, Taliban fighters under NAJIBULLAH’s command carried out deadly attacks against American and NATO troops and their Afghan allies, using, among other things, suicide bombers, automatic weapons, IEDs, and rocket-propelled grenades (“RPGs”) and other anti-tank weapons and explosives, including against U.S. military helicopters. 

For example, on or about June 26, 2008, Taliban fighters under NAJIBULLAH’s command ambushed and attacked a U.S. military convoy in the vicinity of Wardak Province, Afghanistan, with IEDs, RPGs, and automatic weapons, killing three U.S. Army servicemembers: Sergeants First Class Matthew L. Hilton and Joseph A. McKay, and Sergeant Mark Palmateer, and their Afghan interpreter. Several other servicemembers were also injured in the attack.  

In or about November 2007 and September 2008, NAJIBULLAH participated in two videorecorded interviews with a French reporter in Afghanistan.  NAJIBULLAH and fighters under his command discussed how they targeted American and French troops—including a specific attack they conducted against French troops in or around August 2008.  They also identified a particular location where they had used IEDs and anti-tank weaponry to destroy American military vehicles.  During the interview, NAJIBULLAH further demonstrated how to operate a rocket-propelled grenade launcher to shoot troops guarding checkpoints and boasted that fighters under his command were ready to fight the “holy war,” including that they were “ready to be suicide bombers” and “put on a belt and blow themselves up if we ask them.”  In September 2008, in the French reporter’s presence, NAJIBULLAH and fighters under his command attacked and destroyed an Afghan National Police outpost using automatic weapons and rockets.

On or about November 10, 2008, NAJIBULLAH and other Taliban fighters took hostage an American journalist (“U.S. Hostage-1”) and two Afghan nationals who were assisting U.S. Hostage-1 (together with U.S. Hostage-1, the “Hostages”) at gunpoint in Afghanistan.  Shortly thereafter, NAJIBULLAH and his co-conspirators forced the Hostages to hike across the border from Afghanistan to Pakistan, where NAJIBULLAH and his co-conspirators detained the Hostages.  For the next approximately seven months, NAJIBULLAH and his co-conspirators held the Hostages captive in Pakistan.  NAJIBULLAH and his co-conspirators forced the Hostages to make numerous calls and videos seeking help, in an attempt to compel ransom payments and the release of Taliban prisoners by the U.S. Government.

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NAJIBULLAH, 49, pled guilty to providing material support for acts of terrorism resulting in death, which carries a maximum sentence of life in prison, and to hostage taking, which also carries a maximum sentence of life in prison.  

The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Clayton praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department.  He also thanked the New York and New Jersey Port Authority Police, the Department of Defense, and the Counterterrorism Section of the Department of Justice’s National Security Division for their assistance with this investigation, as well as the Ukrainian authorities and the Justice Department’s Office of International Affairs for their assistance in the arrest and extradition of the defendant.

This prosecution is being handled by the Office’s National Security and International Narcotics Unit.  Assistant U.S. Attorneys Sam Adelsberg, Jacob H. Gutwillig, and David J. Robles are in charge of the prosecution, with assistance from Trial Attorney Jennifer Burke of the Counterterrorism Section.

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