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PROMOTING AN INFORMED UNDERSTANDING OF THE LEGAL AND SECURITY ISSUES DEFINING THE POST- 9/ 11 ERA
From the Editor: The five- year anniversary of 9/ 11 provides a timely springboard for this second issue of the Terrorist Trial Report Card: U. S. Edition.
The goal of the report is to enable legislators, judges, policymakers and others to assess the ways in which the American legal system has worked to reduce the threat of terrorism.
This Report Card documents, in comprehensive detail, those cases which have passed through the federal court system and have been classified at some point in the process as terrorist cases, representing a total of 510 individuals. More than just numbers, the report provides the story of the charges leveled against these individuals, the conviction rates and the resulting sentences.
It has taken thousands of hours of work and much persistence on the part of our law school student researchers to identify and follow these cases. Our study has created the most comprehensive database available.
TERRORISTTERRORISTTERRORISTTERRORISTTERRORIST
TRIALTRIAL
REPORTREPORTREPORTREPORTREPORTREPORT
CARDCARDCARDCARD
:
U. S. Edition
September 11, 2001 – September 11, 2006
A PUBLICATION OF THE CENTER ON LAW AND SECURITY AT thethethe NYU SCHOOL OF LAW 110 WEST THIRD STREET, NEW YORK, NY 10012 | WWW. LAWANDSECURITY. ORG
issue
in this
FROM THE EDITOR
......................................................................... Page 1
charts & didiagrams
......................................................................... Page 4
C
ategories ofof Crimes
......................................................................... Page 8
A
cknowledgements
E
ditor in Chief: Karen J. Greenberg
E
ditorial Associate: Jeffrey Grossman
Research Director: Daniel Freifeld
Research Fellow: Michael Price
Research Team: John Grant
Francesca Laguardia
Ian Samuel
Matthew Scott
E
ditorial Adviser: Tara McKelvey
Designer: Tony Palombo
With special thanks to Andrew Peterson
( NYU School of Law, ’ 06), and all of the
NYU law students who have worked on
this project
The Center on Law and Security would like to thank the JEHT Foundation for its generous support for the Terrorist Trial Report Card:
U. S. Edition Terroristerroristerroristerroristerroristerroristerroristerrorist Trialrialrialrial reportreportreportreportreportreport cardcardcardcard: u. s. editioneditioneditioneditioneditioneditionedition
September 11, 2001 – September 11, 2006
We searched through and catalogued every case announced by the Department of Justice. We researched major and minor publications countrywide to include terrorism- related cases that were neither mentioned by the DOJ nor picked up by FindLaw or Westlaw. Finally, we cross- checked with other databases, such as the one we developed in working on our first Report Card and those of other research institutes that study portions of the sample included here. As it stands, there are some names that we could not find anywhere beyond the initial announcement of the charge. Only with the generous help of the DOJ were we able to determine that they were, in fact, either material witnesses or immigration cases, and thus did not belong in our sample. What we have not looked at are proceedings in state courts or in military tribunals. Our research has also revealed a need to look more closely at the way in which deportations have been used as an alternative to prosecution.
Our findings appear below. The statistics presented in these pages provide a tool for assessing the U. S. war on terror and for understanding the elements of U. S. counterterrorism at the level of law enforcement and the courts. Our data shows that the government has an understanding of its suspects and a strategy of prosecution and conviction which have evolved largely on a case by case basis. They include the following:
• Al Qaeda remains the primary Foreign Terrorist Organization that concerns the U. S. authorities.
• Conviction, no matter how short the period of time or how minor the charge, is the primary goal. The average prison time for individuals who were arrested on suspicion of terrorism is 51 months, or just over three years, a valid technique if the goal is disruption of alleged plots but not a sufficient means of long- term incapacitation or deterrence. The average sentence for federal terrorism charges is 206 months, or just over 17 years.
• The DOJ’s pattern of pursuit is focused on early detection rather than conviction on federal terrorism charges. This has resulted in a relatively small share of federal terrorism convictions out of the total convictions – only 15% of the total 307 convictions were for federal terrorism crimes.
• The DOJ often announces potential terrorism cases as such before the evidence is in place that will enable prosecution for a federal crime of terrorism. Of the 510 defendants, there were only 163 indictments for terrorism.
In addition to revealing much about the federal government’s strategy for prosecuting terrorism cases, the Terrorist Trial Report Card clearly defines the nature of the threat. Here is what our results show about the defendants who have been indicted and prosecuted:
• Only four individuals have been convicted of federal crimes of terrorism per se. They are Zacarias Moussaoui, Richard Reid, Chao Tung Wu and Shahawar Matin Siraj. These individuals were convicted of attempting to commit terrorism. Three of the four had ties to militant Islamic fundamentalism. Moussaoui, once thought to be the 20th 9/ 11 hijacker, turned out not to be. Reid, the “ shoe- bomber,” was apprehended by other passengers on a transatlantic flight. Wu tried to import Chinese surface- to- air missiles into the United States. Siraj was convicted for planning to bomb a New York City subway.
• Nobody affiliated with a radical Islamic group has been charged with crimes related to chemical, biological, radiological or nuclear weapons.
2 A PUBLICATION OF THE CENTER ON LAW AND SECURITY AT the NYU SCHOOL OF LAW 110 WEST THIRD STREET, NEW YORK, NY 10012 | WWW. LAWANDSECURITY. ORG
Terrorist Trial Report card: U. S. Edition
• No sleeper cell with logistical or tactical links to al
Qaeda has been convicted of plotting an attack to
be carried out within the U. S. While the government has
convicted groups in the United States conspiring and attempting
to levy war against the U. S. abroad ( like the Portland Seven),
individuals conspiring to commit terrorism here at home ( like Siraj
in Brooklyn), and groups linked to al Qaeda ( like the Virginia Jihad
Network), the government has not convicted al Qaeda cells in the
U. S. with instructions to attack inside the country.
• The vast majority of cases turn out to include no link to
terrorism once they go to court. In the 510 cases announced
as terrorism cases, only 158 individuals have been prosecuted
on charges of terrorism and material support to terrorism. The
remaining 352 individuals have been prosecuted on lesser charges
and no criminal link to terrorism was substantiated in court.
• Finally, no consistent definition of terrorism or of a
terrorist readily emerges from the data. The numbers show
a scattershot approach to terrorism indictments. Of the 510 cases,
there are a total of 104 separate criminal charges that have been
used in an effort to apprehend the individuals allegedly associated
with terrorism. These include lesser crimes like forgery, financial
fraud, obstruction of justice, and immigration violations.
In sum, these numbers – and the stories behind them – tell us either
that the threat is much less than we thought, or that the policies
of the United States have reduced the threat of terrorism through
deterrence, and, yes, through excessive vigilance. The overall
record revealed in these charts suggests the presence of few, if
any, prevalent terrorist threats currently within the U. S. Any future
policy must be premised on this conclusion. It is time, after five
years, for a sustained and comprehensive conversation about the
domestic prosecution of terrorists. This Report Card is an effort to
begin that dialogue.
Karen J. Greenberg
Executive Director,
Center on Law and Security
29%
Conviction rate in prosecutions for
federal crimes of terrorism
17.2 years
Average sentence for individuals
convicted of and sentenced for
federal crimes of terrorism
4.25 years
Average sentence for all individuals
convicted and sentenced in cases
initially announced as terrorism cases
104
Total number of separate criminal
charges used to indict alleged
terrorists
12%
Proportion of terrorism cases that
involved WMDs ( the definition of
which includes bombs, grenades,
other explosives, and poison gasses)
0
Number of people affiliated with
any radical Islamic group who have
been charged with plotting to use
chemical, biological, radiological, or
nuclear weapons
3
Terroristerroristerroristerroristerroristerroristerroristerrorist Trialrialrialrial reportreportreportreportreportreport cardcardcardcard: u. s. editioneditioneditioneditioneditioneditionedition
September 11, 2001 – September 11, 2006
AcquittedDismissed Without a ConvictionPendingConvicted by PleaConvicted at TrialSummary Data of Indictments and Convictions( 510 Total Defendants) 26169252558329233445PendingGuiltyAcquitted or DismissedCurrent Status of All Charges( 1007 Total Charges; 104 Total Statutes) Sentencing Analysis Total Convicted: 307 Total Number Convicted & Sentenced: 275Total Prison Time for Convicted & Sentenced ( months): 14,131Total Probation Time for Convicted & Sentenced ( months): 8,770Total Fines for Convicted & Sentenced: $ 23,929,966.19 Avg. Prison Time for Convicted & Sentenced ( months): 51Median Prison Time for Convicted & Sentenced ( months): 22Mode Prison Time for Convicted & Sentenced ( months): 6Avg. Probation for Convicted & Sentenced ( months): 32Median Probation for Convicted & Sentenced ( months): 36Mode Probation for Convicted & Sentenced ( months): 36Terrorism Sentencing Analysis Average sentence for 18 USC 2332 conviction 360 months ( life) Average sentence for 18 USC 2339A conviction 243 monthsAverage sentence for 18 USC 2339B conviction 222 monthsAverage sentence for 50 USC 1705 conviction 43 monthsAverage sentence for the 38 individuals sentenced for 206 monthsone or more federal crimes of terrorism ( there have been 46 people convicted, but not all have been sentenced) Pleas v. Convictions at Trial ( 307 Total Convictions) Proportion of Terrorism & Terrorism Support to Total Number of Indictments ( 510 Total Defendants) A Convicted at Trial, 55 18% B Convicted by Plea, 252 82% A Terrorism & Terrorism Support ( 18 USC 2332, 18 USC 2339A& B, 50 USC 1705), 16332% B Non- Terrorism, 347 68% BAAB
4 A PUBLICATION OF THE CENTER ON LAW AND SECURITY AT thethethe NYU SCHOOL OF LAW 110 WEST THIRD STREET, NEW YORK, NY 10012 | WWW. LAWANDSECURITY. ORG
T
errorist Trial Report card: U. S. Edition
ABCDEFGHIJKLCategories of Charges ( 1007 Total Charges; 104 Total Statutes) CAB* The four primary terrorism statutes are: 18 U. S. C. 2332 ( Terrorism), 18 U. S. C. 2339A ( Material Support to Terrorists), 18 U. S. C. 2339B( Material Support to a Foreign Terrorist Organization), and 50 U. S. C. 1705 ( Financial Support to a Foreign Terrorist Organization). These include conspiracy defendants. Chart is organized by indictment; in some instances one individual has been indicted with more than one crime of terrorism. Each indictment is counted separately. Federal Crimes of Terrorism Indictments: Convictions v. Acquitted or Dismissed v. Pending( 163 Total Federal Crimes of Terrorism Indictments)* A Racketeering, 129 13% B Terrorism, 161 16% C Violent Crimes, 27 3% D Weapons Violations, 68 7% E Commercial Fraud, 53 5% F Drugs, 19 2% G General Fraud, 147 15% H General Criminal Conspiracy, 153 15% I Immigration Violations, 110 11% J National Security Violations, 104 10% K Obstruction of Investigation, 22 2% L Other, 14 1% A Convictions, 47 29% B Acquitted or Dismissed, 22 13% C Pending, 94 58% A Al Qaeda, 72 14% Included in the 72 cases in which an al Qaeda affiliation was alleged are 7 defendants who unwittingly assisted the 9/ 11 hijackers before the attack. B FARC ( Columbia), 23 5% C AUC ( Columbia), 9 2% D Hamas, 18 4% E Hezbollah, 37 7% F Tamil Tigers, 12 2% G Lashkar- e- Taiba, 16 3% H Other, 41 8% I No known affiliation, 282 55% Affiliation with a Foreign Terrorist Organization by Defendant* ( 510 Total Defendants) IABCDEFHG* There are 228 cases in which the government alleged an affiliation with an FTO. This data does not reflect whether or not the affiliation was proven at trial.
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WMD Cases Among Indictments Under the Four Primary Terrorism Statutes ( 163 Total Federal Crimes of Terrorism Indictments)* * The four primary terrorism statutes are: 18 U. S. C. 2332 ( Terrorism), 18 U. S. C. 2339A ( Material Support to Terrorists), 18 U. S. C. 2339B( Material Support to a Foreign Terrorist Organization), and 50 U. S. C. 1705 ( Financial Support to a Foreign Terrorist Organization). Chart is organized by indictment; in some instances one individual has been indicted with more than one crime of terrorism. Each indictment is counted separately. A WMD Terrorism Cases, 20 12% B Non- WMD Terrorism Cases, 143 88% BASummary Data According to Charges ( 1007 Total Charges; 104 Total Statutes) Total Charges* Conspiracy charges are associated with other substantive crimes. ConvictionsAcquitted or DismissedPending533015819125147332490153* 6936481106625191044720372299149129364746161462293276196825142924502CommercialFraudDrugsGeneralFraudGeneralCriminalConspiracyImm grationViolationsNationalSecurityViolationsObstructionofInvestigationOtherRacketeeringTerrorismViolentCrimesWeaponsViolationsA Non- Terrorism Cases, 347 68% B Non- WMD Terrorism Cases, 143 28% C WMD Terrorism Cases, 20 4% BCAWMD Terrorism Indictments v. Non- WMD Terrorism Indictments Out of All Indictments( 510 Total Defendants) 846399211236161462293Actual Charges Filed in Cases Initially Announced as Terrorism Cases ( 1007 Total Charges; 104 Total Statutes) 200400600800Total ChargesConvictionsAcquitted or DismissedPendingNon- Terrorism Crimes TerrorismUnder the U. S. Code, WMDs are defined as “ destructive devices,” including bombs, grenades, other explosives, and poison gasses.
6 A PUBLICATION OF THE CENTER ON LAW AND SECURITY AT the the the NYU SCHOOL OF LAW 110 WEST THIRD STREET, NEW YORK, NY 10012 | WWW. LAWANDSECURITY. ORG
Terrorist Trial Report card: U. S. Edition
Timeline of Terrorism- Related Indictments131644571435411330125126910331200457867932211333548212001200220034439276412210101034881110AMJDNOSMAJJFAMJDNOSMAJJFAM DNOSMAJJFAMJDNOSMAJJAJFAMJMJFDNOS2004200520063146122522483932318156112710841041141118429422ALAZARCOCACTDCDEFLGAI LINIALAMEMDMAMIMNMOMTNJNYNCOHOKORPASCTNTXVAWAFederal Indictments by State
For a detailed accounting of the individuals covered by this report, please log on to www. lawandsecurity. org.
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CATEGORIESCATEGORIESCATEGORIESCATEGORIESCATEGORIESCATEGORIESCATEGORIESCATEGORIESCATEGORIESCATEGORIES
O
F CRIMESCRIMESCRIMESCRIMESCRIMESCRIMES
GENERAL CRIMINAL CONSPIRACY
18 U. S. C. § 371: CONSPIRACY; Conspiracy to commit offense or to defraud the United States
TERRORISM
18 U. S. C. § 2332 TERRORISM; Criminal penalties
18 U. S. C. § 2339A TERRORISM; Providing material support to terrorists
18 U. S. C. § 2339B TERRORISM; Providing material support or resources to designated foreign
terrorist organizations
50 U. S. C. § 1705 WAR AND NATIONAL DEFENSE; INTERNATIONAL EMERGEGENCY ECONOMIC POWERS; Penalties
NATIONAL SECURITY VIOLATIONS
18 U. S. C. § 32 AIRCRAFT AND MOTOR VEHICLES; Destruction of aircraft or aircraft facilities
18 U. S. C. § 43 ANIMALS, BIRDS, FISH, AND PLANTS; Animal enterprise terrorism
18 U. S. C. § 175 BIOLOGICAL WEAPONS; Prohibitions with respect to biological weapons
18 U. S. C. § 229 CHEMICAL WEAPONS;
Prohibited activities
18 U. S. C. § 793 ESPIONAGEGE AND CENSORSHIP; Gathering, transmitting or losing defense information
18 U. S. C. § 841 IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGEGE OF EXPLOSIVE MATERIALS; Definitions
18 U. S. C. § 842 IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGEGE OF EXPLOSIVE MATERIALS; Unlawful acts
18 U. S. C. § 844 IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGEGE OF EXPLOSIVE MATERIALS; Penalties
18 U. S. C. § 871 EXTORTION AND THREATS; Threats against President and successors to
the Presidency
18 U. S. C. § 951 FOREIGN RELATIONS; Agents of foreign governments
18 U. S. C. § 956 FOREIGN RELATIONS; Conspiracy to kill, kidnap, maim or injure persons or damage property in a foreign country
18 U. S. C. § 960 FOREIGN RELATIONS; Expedition against friendly nation
18 U. S. C. § 1114 HOMICIDE; Protection of officers and employees of the United States
18 U. S. C. § 1751 PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION, KIDNAPPING, AND ASSAULT
18 U. S. C. § 1993 RAILROADS; Terrorist attacks and other acts of violence against mass transportation systems ( repealed)
18 U. S. C. § 2155 SABOTAGEGE; Destruction of national- defense materials, national- defense premises, or national- defense utilities
18 U. S. C. § 2383 TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES; Rebellion or insurrection
18 U. S. C. § 2384 TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES; Seditious conspiracy
22 U. S. C. § 2778 MILITARY EXPORT CONTROLS; Control of arms exports and imports
49 U. S. C. § 46306 AIR COMMERCE AND SAFETY; Registration violations involving aircraft not providing air transportation
8 A PUBLICATION OF THE CENTER ON LAW AND SECURITY AT the the the NYU SCHOOL OF LAW 110 WEST THIRD STREET, NEW YORK, NY 10012 | WWW. LAWANDSECURITY. ORG
Terrorist Trial Report card: U. S. Edition
49 U. S. C. § 46502 AIR COMMERCE AND SAFETY; Aircraft piracy
49 U. S. C. § 46504 AIR COMMERCE AND SAFETY; Interference with flight crew members and attendants
49 U. S. C. § 46505 AIR COMMERCE AND SAFETY; Carrying a weapon or explosive on an aircraft
49 U. S. C. § 46506 AIR COMMERCE AND SAFETY; Application of certain criminal laws to acts on aircraft
50 U. S. C. § 1702 WAR AND NATIONAL DEFENSE; INTERNATIONAL EMERGEGENCY ECONOMIC POWERS; Presidential authorities
VIOLENT CRIMES
18 U. S. C. § 373 CONSPIRACY; Solicitation to commit a crime of violence
18 U. S. C. § 751 ESCAPE AND RESCUE; Prisoners in custody of institution or officer
18 U. S. C. § 1111 HOMICIDE; Murder
18 U. S. C. § 1117 HOMICIDE; Conspiracy to murder
18 U. S. C. § 1203 KIDNAPPING; Hostage taking
18 U. S. C. § 2261 DOMESTIC VIOLENCE AND STALKING; Interstate domestic violence
WEAPONS VIOLATIONS
18 U. S. C. § 922 FIREARMS; Unlawful acts
18 U. S. C. § 924 FIREARMS; Penalties
26 U. S. C. § 5841 INTERNAL REVENUE CODE; MACHINE GUNS, DESTRUCTIVE DEVICES,
AND CERTAIN OTHER FIREARMS; Registration
of firearms
26 U. S. C. § 5861 INTERNAL REVENUE CODE; MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS; Prohibited acts
RACKETEERING
18 U. S. C. § 1951 RACKETEEEERING; Interference with commerce by threats or violence
18 U. S. C. § 1952 RACKETEEEERING; Interstate and foreign travel or transportation in aid of
racketeering enterprises
18 U. S. C. § 1956 RACKETEEEERING; Laundering of monetary instruments
18 U. S. C. § 1957 RACKETEEEERING; Engaging in monetary transactions in property derived from specified unlawful activity
18 U. S. C. § 1960 RACKETEEEERING; Prohibition of unlicensed money transmitting business
18 U. S. C. § 1962 RACKETEEEER INFLUENCED AND CORRUPT ORGANIZATIONS; Prohibited activities
GENERAL FRAUD
18 U. S. C. § 1028 FRAUD AND FALSE STATEMENTS; Fraud and related activity in connection with identification documents, authentication features, and information
18 U. S. C. § 1029 FRAUD AND FALSE STATEMENTS; Fraud and related activity in connection with access devices
18 U. S. C. § 1001 FRAUD AND FALSE STATEMENTS; Statements or entries generally
18 U. S. C. § 1030 FRAUD AND FALSE STATEMENTS; Fraud and related activity in connection with computers
26 U. S. C. § 7201 INTERNAL REVENUE CODE; Attempt to evade or defeat tax
26 U. S. C. § 7206 INTERNAL REVENUE CODE; Fraud and false statements
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26 U. S. C. § 7212 INTERNAL REVENUE CODE; Attempts to interfere with administration of Internal Revenue laws
31 U. S. C. § 5313 RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS; Reports on domestic coins and currency transactions
31 U. S. C. § 5316 RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS; Reports on exporting and importing monetary instruments
31 U. S. C. § 5324 RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS; Structuring transactions to evade reporting requirement prohibited
31 U. S. C. § 5332 RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS; Bulk cash smuggling into or out of the United States
COMMERCIAL FRAUD
15 U. S. C. § 78J COMMERCE AND TRADE; SECURITIES EXCHANGEGES; Manipulative and deceptive devices
18 U. S. C. § 471 COUNTERFEITING AND FORGEGERY; Obligations or securities of
United States
18 U. S. C. § 473 COUNTERFEITING AND FORGEGERY; Dealing in counterfeit obligations
or securities
18 U. S. C. § 513 COUNTERFEITING AND FORGEGERY; Securities of the States and
private entities
18 U. S. C. § 542 CUSTOMS; Entry of goods by means of false statements
18 U. S. C. § 545 CUSTOMS; Smuggling goods into the United States
18 U. S. C. § 2314 STOLEN PROPERTY; Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used
in counterfeiting
18 U. S. C. § 2315 STOLEN PROPERTY; Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps
18 U. S. C. § 2320 STOLEN PROPERTY; Trafficking in counterfeit goods or services
18 U. S. C. § 2342 TRAFFICKING IN CONTRABAND CIGARETTES; Unlawful acts
18 U. S. C. § 1014 FRAUD AND FALSE STATEMENTS; Loan and credit applications generally; renewals and discounts; crop insurance
18 U. S. C. § 1341 MAIL FRAUD; Frauds and swindles
18 U. S. C. § 1343 MAIL FRAUD; Fraud by wire, radio or television
18 U. S. C. § 1344 MAIL FRAUD; Bank fraud
18 U. S. C. § 1347 MAIL FRAUD; Health care fraud
42 U. S. C. § 408 FEDERAL OLD- AGEGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS; Penalties
18 U. S. C. § 659 EMBEZZLEMENT AND THEFT; Interstate or foreign shipments by carrier;
State prosecutions
18 U. S. C. § 1365 MALICIOUS MISCHIEF; Tampering with consumer products
IMMIGRATION VIOLATIONS
18 U. S. C. § 911 FALSE PERSONATION; Citizen of the United States
18 U. S. C. § 1015 FRAUD AND FALSE STATEMENTS; Naturalization, citizenship or
alien registry
10 A PUBLICATION OF THE CENTER ON LAW AND SECURITY AT the the the NYU SCHOOL OF LAW 110 WEST THIRD STREET, NEW YORK, NY 10012 | WWW. LAWANDSECURITY. ORG
Terrorist Trial Report card: U. S. Edition
18 U. S. C. § 1542 PASSPORTS AND VISAS; False statement in application and use of passport
18 U. S. C. § 1543 PASSPORTS AND VISAS; Forgery or false use of passport
18 U. S. C. § 1544 PASSPORTS AND VISAS; Misuse of passport
18 U. S. C. § 1546 PASSPORTS AND VISAS; Fraud and misuse of visas, permits, and other documents
8 U. S. C. § 1253 IMMIGRATION AND NATIONALITY; Penalties related to removal
8 U. S. C. § 1305 IMMIGRATION AND NATIONALITY; Notices of change of address
8 U. S. C. § 1324 IMMIGRATION AND NATIONALITY; Bringing in and harboring certain aliens
8 U. S. C. § 1325 IMMIGRATION AND NATIONALITY; Improper entry by alien
8 U. S. C. § 1326 IMMIGRATION AND NATIONALITY; Reentry of removed aliens
18 U. S. C. § 1425 NATIONALITY AND CITIZENSHIP; Procurement of citizenship or naturalization unlawfully
OBSTRUCTION OF INVESTIGATION
18 U. S. C. § 4 GEGENERAL PROVISIONS; Misprision of felony
18 U. S. C. § 401 CONTEMPTS; Power of court
18 U. S. C. § 1038 FRAUD AND FALSE STATEMENTS; False information and hoaxes
18 U. S. C. § 1503 OBSTRUCTION OF JUSTICE; Influencing or injuring officer or juror generally
18 U. S. C. § 1505 OBSTRUCTION OF JUSTICE; Obstruction of proceedings before departments, agencies, and committees
18 U. S. C. § 1512 OBSTRUCTION OF JUSTICE; Tampering with a witness, victim, or an informant
18 U. S. C. § 1621 PERJURY; Perjury generally
18 U. S. C. § 1623 PERJURY; False declarations before grand jury or court
DRUGS
21 U. S. C. § 841 DRUG ABUSE PREVENTION AND CONTROL; Prohibited acts
21 U. S. C. § 846 DRUG ABUSE PREVENTION AND CONTROL; Attempt and conspiracy
21 U. S. C. § 952 DRUG ABUSE PREVENTION AND CONTROL; Importation of controlled substances
21 U. S. C. § 853 DRUG ABUSE PREVENTION AND CONTROL; Criminal forfeitures
OTHER
18 U. S. C. § 876 EXTORTION AND THREATS; Mailing threatening communications
47 U. S. C. § 223 COMMON CARRIER REGEGULATION; Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications
18 U. S. C. § 981 FORFEITURE; Civil forfeiture
18 U. S. C. § 982 FORFEITURE; Criminal forfeiture
18 U. S. C. § 2252 SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN; Certain activities relating to material involving the sexual exploitation
of minors
11
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| Rating | |
| Title | Terrorist trial report card, U.S. edition. |
| Subject | HV6432.T48 2005; Trials (Terrorism)--United States.; War on Terrorism, 2001- |
| Description | 2. issue; Caption title.; Harvested from the web on 3/7/07 |
| Publisher | Center on Law & Security, NYU School of Law |
| Contributors | New York University. Center on Law and Security. |
| Type | Text |
| Identifier | http://digitalarchive.oclc.org/request?pid%3Dobjid%3A0000060325; http://www.lawandsecurity.org/publications/TTRCComplete.pdf |
| Language | eng |
| Date-Issued | [2006] |
| Format-Extent | 12 p. : col. ill. ; 28 cm. |
| Transcript | PROMOTING AN INFORMED UNDERSTANDING OF THE LEGAL AND SECURITY ISSUES DEFINING THE POST- 9/ 11 ERA From the Editor: The five- year anniversary of 9/ 11 provides a timely springboard for this second issue of the Terrorist Trial Report Card: U. S. Edition. The goal of the report is to enable legislators, judges, policymakers and others to assess the ways in which the American legal system has worked to reduce the threat of terrorism. This Report Card documents, in comprehensive detail, those cases which have passed through the federal court system and have been classified at some point in the process as terrorist cases, representing a total of 510 individuals. More than just numbers, the report provides the story of the charges leveled against these individuals, the conviction rates and the resulting sentences. It has taken thousands of hours of work and much persistence on the part of our law school student researchers to identify and follow these cases. Our study has created the most comprehensive database available. TERRORISTTERRORISTTERRORISTTERRORISTTERRORIST TRIALTRIAL REPORTREPORTREPORTREPORTREPORTREPORT CARDCARDCARDCARD : U. S. Edition September 11, 2001 – September 11, 2006 A PUBLICATION OF THE CENTER ON LAW AND SECURITY AT thethethe NYU SCHOOL OF LAW 110 WEST THIRD STREET, NEW YORK, NY 10012 WWW. LAWANDSECURITY. ORG issue in this FROM THE EDITOR ......................................................................... Page 1 charts & didiagrams ......................................................................... Page 4 C ategories ofof Crimes ......................................................................... Page 8 A cknowledgements E ditor in Chief: Karen J. Greenberg E ditorial Associate: Jeffrey Grossman Research Director: Daniel Freifeld Research Fellow: Michael Price Research Team: John Grant Francesca Laguardia Ian Samuel Matthew Scott E ditorial Adviser: Tara McKelvey Designer: Tony Palombo With special thanks to Andrew Peterson ( NYU School of Law, ’ 06), and all of the NYU law students who have worked on this project The Center on Law and Security would like to thank the JEHT Foundation for its generous support for the Terrorist Trial Report Card: U. S. Edition Terroristerroristerroristerroristerroristerroristerroristerrorist Trialrialrialrial reportreportreportreportreportreport cardcardcardcard: u. s. editioneditioneditioneditioneditioneditionedition September 11, 2001 – September 11, 2006 We searched through and catalogued every case announced by the Department of Justice. We researched major and minor publications countrywide to include terrorism- related cases that were neither mentioned by the DOJ nor picked up by FindLaw or Westlaw. Finally, we cross- checked with other databases, such as the one we developed in working on our first Report Card and those of other research institutes that study portions of the sample included here. As it stands, there are some names that we could not find anywhere beyond the initial announcement of the charge. Only with the generous help of the DOJ were we able to determine that they were, in fact, either material witnesses or immigration cases, and thus did not belong in our sample. What we have not looked at are proceedings in state courts or in military tribunals. Our research has also revealed a need to look more closely at the way in which deportations have been used as an alternative to prosecution. Our findings appear below. The statistics presented in these pages provide a tool for assessing the U. S. war on terror and for understanding the elements of U. S. counterterrorism at the level of law enforcement and the courts. Our data shows that the government has an understanding of its suspects and a strategy of prosecution and conviction which have evolved largely on a case by case basis. They include the following: • Al Qaeda remains the primary Foreign Terrorist Organization that concerns the U. S. authorities. • Conviction, no matter how short the period of time or how minor the charge, is the primary goal. The average prison time for individuals who were arrested on suspicion of terrorism is 51 months, or just over three years, a valid technique if the goal is disruption of alleged plots but not a sufficient means of long- term incapacitation or deterrence. The average sentence for federal terrorism charges is 206 months, or just over 17 years. • The DOJ’s pattern of pursuit is focused on early detection rather than conviction on federal terrorism charges. This has resulted in a relatively small share of federal terrorism convictions out of the total convictions – only 15% of the total 307 convictions were for federal terrorism crimes. • The DOJ often announces potential terrorism cases as such before the evidence is in place that will enable prosecution for a federal crime of terrorism. Of the 510 defendants, there were only 163 indictments for terrorism. In addition to revealing much about the federal government’s strategy for prosecuting terrorism cases, the Terrorist Trial Report Card clearly defines the nature of the threat. Here is what our results show about the defendants who have been indicted and prosecuted: • Only four individuals have been convicted of federal crimes of terrorism per se. They are Zacarias Moussaoui, Richard Reid, Chao Tung Wu and Shahawar Matin Siraj. These individuals were convicted of attempting to commit terrorism. Three of the four had ties to militant Islamic fundamentalism. Moussaoui, once thought to be the 20th 9/ 11 hijacker, turned out not to be. Reid, the “ shoe- bomber,” was apprehended by other passengers on a transatlantic flight. Wu tried to import Chinese surface- to- air missiles into the United States. Siraj was convicted for planning to bomb a New York City subway. • Nobody affiliated with a radical Islamic group has been charged with crimes related to chemical, biological, radiological or nuclear weapons. 2 A PUBLICATION OF THE CENTER ON LAW AND SECURITY AT the NYU SCHOOL OF LAW 110 WEST THIRD STREET, NEW YORK, NY 10012 WWW. LAWANDSECURITY. ORG Terrorist Trial Report card: U. S. Edition • No sleeper cell with logistical or tactical links to al Qaeda has been convicted of plotting an attack to be carried out within the U. S. While the government has convicted groups in the United States conspiring and attempting to levy war against the U. S. abroad ( like the Portland Seven), individuals conspiring to commit terrorism here at home ( like Siraj in Brooklyn), and groups linked to al Qaeda ( like the Virginia Jihad Network), the government has not convicted al Qaeda cells in the U. S. with instructions to attack inside the country. • The vast majority of cases turn out to include no link to terrorism once they go to court. In the 510 cases announced as terrorism cases, only 158 individuals have been prosecuted on charges of terrorism and material support to terrorism. The remaining 352 individuals have been prosecuted on lesser charges and no criminal link to terrorism was substantiated in court. • Finally, no consistent definition of terrorism or of a terrorist readily emerges from the data. The numbers show a scattershot approach to terrorism indictments. Of the 510 cases, there are a total of 104 separate criminal charges that have been used in an effort to apprehend the individuals allegedly associated with terrorism. These include lesser crimes like forgery, financial fraud, obstruction of justice, and immigration violations. In sum, these numbers – and the stories behind them – tell us either that the threat is much less than we thought, or that the policies of the United States have reduced the threat of terrorism through deterrence, and, yes, through excessive vigilance. The overall record revealed in these charts suggests the presence of few, if any, prevalent terrorist threats currently within the U. S. Any future policy must be premised on this conclusion. It is time, after five years, for a sustained and comprehensive conversation about the domestic prosecution of terrorists. This Report Card is an effort to begin that dialogue. Karen J. Greenberg Executive Director, Center on Law and Security 29% Conviction rate in prosecutions for federal crimes of terrorism 17.2 years Average sentence for individuals convicted of and sentenced for federal crimes of terrorism 4.25 years Average sentence for all individuals convicted and sentenced in cases initially announced as terrorism cases 104 Total number of separate criminal charges used to indict alleged terrorists 12% Proportion of terrorism cases that involved WMDs ( the definition of which includes bombs, grenades, other explosives, and poison gasses) 0 Number of people affiliated with any radical Islamic group who have been charged with plotting to use chemical, biological, radiological, or nuclear weapons 3 Terroristerroristerroristerroristerroristerroristerroristerrorist Trialrialrialrial reportreportreportreportreportreport cardcardcardcard: u. s. editioneditioneditioneditioneditioneditionedition September 11, 2001 – September 11, 2006 AcquittedDismissed Without a ConvictionPendingConvicted by PleaConvicted at TrialSummary Data of Indictments and Convictions( 510 Total Defendants) 26169252558329233445PendingGuiltyAcquitted or DismissedCurrent Status of All Charges( 1007 Total Charges; 104 Total Statutes) Sentencing Analysis Total Convicted: 307 Total Number Convicted & Sentenced: 275Total Prison Time for Convicted & Sentenced ( months): 14,131Total Probation Time for Convicted & Sentenced ( months): 8,770Total Fines for Convicted & Sentenced: $ 23,929,966.19 Avg. Prison Time for Convicted & Sentenced ( months): 51Median Prison Time for Convicted & Sentenced ( months): 22Mode Prison Time for Convicted & Sentenced ( months): 6Avg. Probation for Convicted & Sentenced ( months): 32Median Probation for Convicted & Sentenced ( months): 36Mode Probation for Convicted & Sentenced ( months): 36Terrorism Sentencing Analysis Average sentence for 18 USC 2332 conviction 360 months ( life) Average sentence for 18 USC 2339A conviction 243 monthsAverage sentence for 18 USC 2339B conviction 222 monthsAverage sentence for 50 USC 1705 conviction 43 monthsAverage sentence for the 38 individuals sentenced for 206 monthsone or more federal crimes of terrorism ( there have been 46 people convicted, but not all have been sentenced) Pleas v. Convictions at Trial ( 307 Total Convictions) Proportion of Terrorism & Terrorism Support to Total Number of Indictments ( 510 Total Defendants) A Convicted at Trial, 55 18% B Convicted by Plea, 252 82% A Terrorism & Terrorism Support ( 18 USC 2332, 18 USC 2339A& B, 50 USC 1705), 16332% B Non- Terrorism, 347 68% BAAB 4 A PUBLICATION OF THE CENTER ON LAW AND SECURITY AT thethethe NYU SCHOOL OF LAW 110 WEST THIRD STREET, NEW YORK, NY 10012 WWW. LAWANDSECURITY. ORG T errorist Trial Report card: U. S. Edition ABCDEFGHIJKLCategories of Charges ( 1007 Total Charges; 104 Total Statutes) CAB* The four primary terrorism statutes are: 18 U. S. C. 2332 ( Terrorism), 18 U. S. C. 2339A ( Material Support to Terrorists), 18 U. S. C. 2339B( Material Support to a Foreign Terrorist Organization), and 50 U. S. C. 1705 ( Financial Support to a Foreign Terrorist Organization). These include conspiracy defendants. Chart is organized by indictment; in some instances one individual has been indicted with more than one crime of terrorism. Each indictment is counted separately. Federal Crimes of Terrorism Indictments: Convictions v. Acquitted or Dismissed v. Pending( 163 Total Federal Crimes of Terrorism Indictments)* A Racketeering, 129 13% B Terrorism, 161 16% C Violent Crimes, 27 3% D Weapons Violations, 68 7% E Commercial Fraud, 53 5% F Drugs, 19 2% G General Fraud, 147 15% H General Criminal Conspiracy, 153 15% I Immigration Violations, 110 11% J National Security Violations, 104 10% K Obstruction of Investigation, 22 2% L Other, 14 1% A Convictions, 47 29% B Acquitted or Dismissed, 22 13% C Pending, 94 58% A Al Qaeda, 72 14% Included in the 72 cases in which an al Qaeda affiliation was alleged are 7 defendants who unwittingly assisted the 9/ 11 hijackers before the attack. B FARC ( Columbia), 23 5% C AUC ( Columbia), 9 2% D Hamas, 18 4% E Hezbollah, 37 7% F Tamil Tigers, 12 2% G Lashkar- e- Taiba, 16 3% H Other, 41 8% I No known affiliation, 282 55% Affiliation with a Foreign Terrorist Organization by Defendant* ( 510 Total Defendants) IABCDEFHG* There are 228 cases in which the government alleged an affiliation with an FTO. This data does not reflect whether or not the affiliation was proven at trial. 5 T erorist erorist erorist erorist erorist erorist erorist erorist T rial rial rial rial report report report report report report card card card card : u . s . edition edition edition edition edition edition edition S e p t e m b e r 1 1 , 2 0 0 1 – S e p t e m b e r 1 1 , 2 0 0 6 WMD Cases Among Indictments Under the Four Primary Terrorism Statutes ( 163 Total Federal Crimes of Terrorism Indictments)* * The four primary terrorism statutes are: 18 U. S. C. 2332 ( Terrorism), 18 U. S. C. 2339A ( Material Support to Terrorists), 18 U. S. C. 2339B( Material Support to a Foreign Terrorist Organization), and 50 U. S. C. 1705 ( Financial Support to a Foreign Terrorist Organization). Chart is organized by indictment; in some instances one individual has been indicted with more than one crime of terrorism. Each indictment is counted separately. A WMD Terrorism Cases, 20 12% B Non- WMD Terrorism Cases, 143 88% BASummary Data According to Charges ( 1007 Total Charges; 104 Total Statutes) Total Charges* Conspiracy charges are associated with other substantive crimes. ConvictionsAcquitted or DismissedPending533015819125147332490153* 6936481106625191044720372299149129364746161462293276196825142924502CommercialFraudDrugsGeneralFraudGeneralCriminalConspiracyImm grationViolationsNationalSecurityViolationsObstructionofInvestigationOtherRacketeeringTerrorismViolentCrimesWeaponsViolationsA Non- Terrorism Cases, 347 68% B Non- WMD Terrorism Cases, 143 28% C WMD Terrorism Cases, 20 4% BCAWMD Terrorism Indictments v. Non- WMD Terrorism Indictments Out of All Indictments( 510 Total Defendants) 846399211236161462293Actual Charges Filed in Cases Initially Announced as Terrorism Cases ( 1007 Total Charges; 104 Total Statutes) 200400600800Total ChargesConvictionsAcquitted or DismissedPendingNon- Terrorism Crimes TerrorismUnder the U. S. Code, WMDs are defined as “ destructive devices,” including bombs, grenades, other explosives, and poison gasses. 6 A PUBLICATION OF THE CENTER ON LAW AND SECURITY AT the the the NYU SCHOOL OF LAW 110 WEST THIRD STREET, NEW YORK, NY 10012 WWW. LAWANDSECURITY. ORG Terrorist Trial Report card: U. S. Edition Timeline of Terrorism- Related Indictments131644571435411330125126910331200457867932211333548212001200220034439276412210101034881110AMJDNOSMAJJFAMJDNOSMAJJFAM DNOSMAJJFAMJDNOSMAJJAJFAMJMJFDNOS2004200520063146122522483932318156112710841041141118429422ALAZARCOCACTDCDEFLGAI LINIALAMEMDMAMIMNMOMTNJNYNCOHOKORPASCTNTXVAWAFederal Indictments by State For a detailed accounting of the individuals covered by this report, please log on to www. lawandsecurity. org. 7 T erorist erorist erorist erorist erorist erorist erorist erorist T rial rial rial rial report report report report report report card card card card : u . s . edition edition edition edition edition edition edition S e p t e m b e r 1 1 , 2 0 0 1 – S e p t e m b e r 1 1 , 2 0 0 6 CATEGORIESCATEGORIESCATEGORIESCATEGORIESCATEGORIESCATEGORIESCATEGORIESCATEGORIESCATEGORIESCATEGORIES O F CRIMESCRIMESCRIMESCRIMESCRIMESCRIMES GENERAL CRIMINAL CONSPIRACY 18 U. S. C. § 371: CONSPIRACY; Conspiracy to commit offense or to defraud the United States TERRORISM 18 U. S. C. § 2332 TERRORISM; Criminal penalties 18 U. S. C. § 2339A TERRORISM; Providing material support to terrorists 18 U. S. C. § 2339B TERRORISM; Providing material support or resources to designated foreign terrorist organizations 50 U. S. C. § 1705 WAR AND NATIONAL DEFENSE; INTERNATIONAL EMERGEGENCY ECONOMIC POWERS; Penalties NATIONAL SECURITY VIOLATIONS 18 U. S. C. § 32 AIRCRAFT AND MOTOR VEHICLES; Destruction of aircraft or aircraft facilities 18 U. S. C. § 43 ANIMALS, BIRDS, FISH, AND PLANTS; Animal enterprise terrorism 18 U. S. C. § 175 BIOLOGICAL WEAPONS; Prohibitions with respect to biological weapons 18 U. S. C. § 229 CHEMICAL WEAPONS; Prohibited activities 18 U. S. C. § 793 ESPIONAGEGE AND CENSORSHIP; Gathering, transmitting or losing defense information 18 U. S. C. § 841 IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGEGE OF EXPLOSIVE MATERIALS; Definitions 18 U. S. C. § 842 IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGEGE OF EXPLOSIVE MATERIALS; Unlawful acts 18 U. S. C. § 844 IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGEGE OF EXPLOSIVE MATERIALS; Penalties 18 U. S. C. § 871 EXTORTION AND THREATS; Threats against President and successors to the Presidency 18 U. S. C. § 951 FOREIGN RELATIONS; Agents of foreign governments 18 U. S. C. § 956 FOREIGN RELATIONS; Conspiracy to kill, kidnap, maim or injure persons or damage property in a foreign country 18 U. S. C. § 960 FOREIGN RELATIONS; Expedition against friendly nation 18 U. S. C. § 1114 HOMICIDE; Protection of officers and employees of the United States 18 U. S. C. § 1751 PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION, KIDNAPPING, AND ASSAULT 18 U. S. C. § 1993 RAILROADS; Terrorist attacks and other acts of violence against mass transportation systems ( repealed) 18 U. S. C. § 2155 SABOTAGEGE; Destruction of national- defense materials, national- defense premises, or national- defense utilities 18 U. S. C. § 2383 TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES; Rebellion or insurrection 18 U. S. C. § 2384 TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES; Seditious conspiracy 22 U. S. C. § 2778 MILITARY EXPORT CONTROLS; Control of arms exports and imports 49 U. S. C. § 46306 AIR COMMERCE AND SAFETY; Registration violations involving aircraft not providing air transportation 8 A PUBLICATION OF THE CENTER ON LAW AND SECURITY AT the the the NYU SCHOOL OF LAW 110 WEST THIRD STREET, NEW YORK, NY 10012 WWW. LAWANDSECURITY. ORG Terrorist Trial Report card: U. S. Edition 49 U. S. C. § 46502 AIR COMMERCE AND SAFETY; Aircraft piracy 49 U. S. C. § 46504 AIR COMMERCE AND SAFETY; Interference with flight crew members and attendants 49 U. S. C. § 46505 AIR COMMERCE AND SAFETY; Carrying a weapon or explosive on an aircraft 49 U. S. C. § 46506 AIR COMMERCE AND SAFETY; Application of certain criminal laws to acts on aircraft 50 U. S. C. § 1702 WAR AND NATIONAL DEFENSE; INTERNATIONAL EMERGEGENCY ECONOMIC POWERS; Presidential authorities VIOLENT CRIMES 18 U. S. C. § 373 CONSPIRACY; Solicitation to commit a crime of violence 18 U. S. C. § 751 ESCAPE AND RESCUE; Prisoners in custody of institution or officer 18 U. S. C. § 1111 HOMICIDE; Murder 18 U. S. C. § 1117 HOMICIDE; Conspiracy to murder 18 U. S. C. § 1203 KIDNAPPING; Hostage taking 18 U. S. C. § 2261 DOMESTIC VIOLENCE AND STALKING; Interstate domestic violence WEAPONS VIOLATIONS 18 U. S. C. § 922 FIREARMS; Unlawful acts 18 U. S. C. § 924 FIREARMS; Penalties 26 U. S. C. § 5841 INTERNAL REVENUE CODE; MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS; Registration of firearms 26 U. S. C. § 5861 INTERNAL REVENUE CODE; MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS; Prohibited acts RACKETEERING 18 U. S. C. § 1951 RACKETEEEERING; Interference with commerce by threats or violence 18 U. S. C. § 1952 RACKETEEEERING; Interstate and foreign travel or transportation in aid of racketeering enterprises 18 U. S. C. § 1956 RACKETEEEERING; Laundering of monetary instruments 18 U. S. C. § 1957 RACKETEEEERING; Engaging in monetary transactions in property derived from specified unlawful activity 18 U. S. C. § 1960 RACKETEEEERING; Prohibition of unlicensed money transmitting business 18 U. S. C. § 1962 RACKETEEEER INFLUENCED AND CORRUPT ORGANIZATIONS; Prohibited activities GENERAL FRAUD 18 U. S. C. § 1028 FRAUD AND FALSE STATEMENTS; Fraud and related activity in connection with identification documents, authentication features, and information 18 U. S. C. § 1029 FRAUD AND FALSE STATEMENTS; Fraud and related activity in connection with access devices 18 U. S. C. § 1001 FRAUD AND FALSE STATEMENTS; Statements or entries generally 18 U. S. C. § 1030 FRAUD AND FALSE STATEMENTS; Fraud and related activity in connection with computers 26 U. S. C. § 7201 INTERNAL REVENUE CODE; Attempt to evade or defeat tax 26 U. S. C. § 7206 INTERNAL REVENUE CODE; Fraud and false statements 9 T erorist erorist erorist erorist erorist erorist erorist erorist T rial rial rial rial report report report report report report card card card card : u . s . edition edition edition edition edition edition edition S e p t e m b e r 1 1 , 2 0 0 1 – S e p t e m b e r 1 1 , 2 0 0 6 26 U. S. C. § 7212 INTERNAL REVENUE CODE; Attempts to interfere with administration of Internal Revenue laws 31 U. S. C. § 5313 RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS; Reports on domestic coins and currency transactions 31 U. S. C. § 5316 RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS; Reports on exporting and importing monetary instruments 31 U. S. C. § 5324 RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS; Structuring transactions to evade reporting requirement prohibited 31 U. S. C. § 5332 RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS; Bulk cash smuggling into or out of the United States COMMERCIAL FRAUD 15 U. S. C. § 78J COMMERCE AND TRADE; SECURITIES EXCHANGEGES; Manipulative and deceptive devices 18 U. S. C. § 471 COUNTERFEITING AND FORGEGERY; Obligations or securities of United States 18 U. S. C. § 473 COUNTERFEITING AND FORGEGERY; Dealing in counterfeit obligations or securities 18 U. S. C. § 513 COUNTERFEITING AND FORGEGERY; Securities of the States and private entities 18 U. S. C. § 542 CUSTOMS; Entry of goods by means of false statements 18 U. S. C. § 545 CUSTOMS; Smuggling goods into the United States 18 U. S. C. § 2314 STOLEN PROPERTY; Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting 18 U. S. C. § 2315 STOLEN PROPERTY; Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps 18 U. S. C. § 2320 STOLEN PROPERTY; Trafficking in counterfeit goods or services 18 U. S. C. § 2342 TRAFFICKING IN CONTRABAND CIGARETTES; Unlawful acts 18 U. S. C. § 1014 FRAUD AND FALSE STATEMENTS; Loan and credit applications generally; renewals and discounts; crop insurance 18 U. S. C. § 1341 MAIL FRAUD; Frauds and swindles 18 U. S. C. § 1343 MAIL FRAUD; Fraud by wire, radio or television 18 U. S. C. § 1344 MAIL FRAUD; Bank fraud 18 U. S. C. § 1347 MAIL FRAUD; Health care fraud 42 U. S. C. § 408 FEDERAL OLD- AGEGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS; Penalties 18 U. S. C. § 659 EMBEZZLEMENT AND THEFT; Interstate or foreign shipments by carrier; State prosecutions 18 U. S. C. § 1365 MALICIOUS MISCHIEF; Tampering with consumer products IMMIGRATION VIOLATIONS 18 U. S. C. § 911 FALSE PERSONATION; Citizen of the United States 18 U. S. C. § 1015 FRAUD AND FALSE STATEMENTS; Naturalization, citizenship or alien registry 10 A PUBLICATION OF THE CENTER ON LAW AND SECURITY AT the the the NYU SCHOOL OF LAW 110 WEST THIRD STREET, NEW YORK, NY 10012 WWW. LAWANDSECURITY. ORG Terrorist Trial Report card: U. S. Edition 18 U. S. C. § 1542 PASSPORTS AND VISAS; False statement in application and use of passport 18 U. S. C. § 1543 PASSPORTS AND VISAS; Forgery or false use of passport 18 U. S. C. § 1544 PASSPORTS AND VISAS; Misuse of passport 18 U. S. C. § 1546 PASSPORTS AND VISAS; Fraud and misuse of visas, permits, and other documents 8 U. S. C. § 1253 IMMIGRATION AND NATIONALITY; Penalties related to removal 8 U. S. C. § 1305 IMMIGRATION AND NATIONALITY; Notices of change of address 8 U. S. C. § 1324 IMMIGRATION AND NATIONALITY; Bringing in and harboring certain aliens 8 U. S. C. § 1325 IMMIGRATION AND NATIONALITY; Improper entry by alien 8 U. S. C. § 1326 IMMIGRATION AND NATIONALITY; Reentry of removed aliens 18 U. S. C. § 1425 NATIONALITY AND CITIZENSHIP; Procurement of citizenship or naturalization unlawfully OBSTRUCTION OF INVESTIGATION 18 U. S. C. § 4 GEGENERAL PROVISIONS; Misprision of felony 18 U. S. C. § 401 CONTEMPTS; Power of court 18 U. S. C. § 1038 FRAUD AND FALSE STATEMENTS; False information and hoaxes 18 U. S. C. § 1503 OBSTRUCTION OF JUSTICE; Influencing or injuring officer or juror generally 18 U. S. C. § 1505 OBSTRUCTION OF JUSTICE; Obstruction of proceedings before departments, agencies, and committees 18 U. S. C. § 1512 OBSTRUCTION OF JUSTICE; Tampering with a witness, victim, or an informant 18 U. S. C. § 1621 PERJURY; Perjury generally 18 U. S. C. § 1623 PERJURY; False declarations before grand jury or court DRUGS 21 U. S. C. § 841 DRUG ABUSE PREVENTION AND CONTROL; Prohibited acts 21 U. S. C. § 846 DRUG ABUSE PREVENTION AND CONTROL; Attempt and conspiracy 21 U. S. C. § 952 DRUG ABUSE PREVENTION AND CONTROL; Importation of controlled substances 21 U. S. C. § 853 DRUG ABUSE PREVENTION AND CONTROL; Criminal forfeitures OTHER 18 U. S. C. § 876 EXTORTION AND THREATS; Mailing threatening communications 47 U. S. C. § 223 COMMON CARRIER REGEGULATION; Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications 18 U. S. C. § 981 FORFEITURE; Civil forfeiture 18 U. S. C. § 982 FORFEITURE; Criminal forfeiture 18 U. S. C. § 2252 SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN; Certain activities relating to material involving the sexual exploitation of minors 11 |
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