Preet Bharara, the United States Attorney for the Southern District of New York, and Andrew G. McCabe, the Assistant Director-in-Charge of the Washington, D.C., Office of the Federal Bureau of Investigation (“FBI”), announced today the extradition of MINH QUANG PHAM, a/k/a “Amin,” from the United Kingdom. Pham, a Vietnamese national, was indicted in 2012 on charges of providing material support to, and receiving military training from, al Qaeda in the Arabian Peninsula (“AQAP”), a designated foreign terrorist organization, as well as possessing and using a firearm in furtherance of crimes of violence, and other violations. Pham was presented yesterday before U.S. Magistrate Judge Andrew J. Peck, and will be arraigned tomorrow, March 4, 2015, before U.S. District Judge Alison J. Nathan.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Minh Quang Pham surreptitiously traveled from the UK to Yemen in late 2010 and received terrorist training by AQAP. During the half year he spent in Yemen, Pham allegedly vowed to wage jihad, swore bayat, and provided material support to high-level AQAP members, almost always brandishing a Kalashnikov rifle. Through the vigilance and investigative efforts of our British partners and the FBI, Pham is now in the U.S. to face American justice.”
FBI Assistant Director Andrew G. McCabe, said: “Today’s material support charges outline that Minh Quang Pham received military-style training and possessed weapons to commit crimes of violence on behalf of al Qaeda in the Arabian Peninsula. This investigation and subsequent extradition of Pham from the UK speak to the level of commitment of the FBI and our national and international law enforcement and intelligence community partners to bring this dangerous terrorist to face justice in the United States.”
According to the Indictment and extradition-related filings:
In December 2010, after informing his wife that he planned to travel to Ireland, PHAM traveled from the United Kingdom, where he resided, to Yemen, the principal base of operations for AQAP. AQAP was designated by the United States Department of State as a foreign terrorist organization in January 2010 based, in part, on its claims of responsibility for attempted terrorist attacks against the United States. For example, AQAP claimed responsibility for the attempted Christmas Day bombing of a Detroit-bound passenger plane from Europe in 2009. Further, AQAP later claimed responsibility for an October 2010 plot to send explosive-laden packages on U.S.-bound cargo flights.
While in Yemen, PHAM met a person who later became a cooperating witness for the United States (“CW-1”). CW-1 knew PHAM as “Amin,” and met face-to-face with him at several AQAP safehouses in Yemen in March and April 2011. According to CW-1, CW-1 first learned about PHAM via email correspondence with a now deceased United States citizen, who was a prominent AQAP member (“American CC-1”). CW-1 first met PHAM at an AQAP safehouse in Yemen in or about March 2011, where CW-1 observed PHAM carrying a Kalashnikov assault rifle. CW-1 stated that he observed PHAM carrying the assault rifle throughout almost all of his interactions with PHAM in Yemen. In conversations with CW-1, PHAM told CW-1 that he had been trained in the use of the Kalashnikov assault rifle while in Yemen by AQAP. Further, PHAM told CW-1 that he (PHAM) had traveled to Yemen in order to join AQAP, and to wage jihad on behalf of AQAP. PHAM also told CW-1 that he (PHAM) had sworn bayat in the presence of an AQAP commander prior to leaving Yemen.
CW-1 also witnessed PHAM’s interactions with American CC-1 and a second United States citizen (“American CC-2”), also now deceased, who was also a prominent AQAP member. CW-1 observed PHAM working closely with American CC-1, who was responsible for editing and publishingInspire magazine – an English-language publication used by AQAP to distribute propaganda and recruit individuals from Western cultures to join and/or support AQAP. In or about October 2010, AQAP released the second issue of Inspire magazine, which included a feature article entitled “I Am Proud to be a Traitor to America,” written by American CC-2. In addition, PHAM told CW-1 that PHAM was working with American CC-1 and that he (PHAM) had spent time at no fewer than three AQAP safehouses. During CW-1’s time at these AQAP safehouses, CW-1 also spoke with American CC-1 and American CC-2 about PHAM, and understood from them that PHAM was providing valuable assistance to American CC-1 in connection with the production and editing of Inspire magazine.
On July 27, 2011, PHAM returned to the United Kingdom. Upon his arrival at London’s Heathrow International Airport, United Kingdom authorities detained and searched PHAM. Materials recovered from PHAM at this time corroborate CW-1’s account of CW-1’s interactions with PHAM while in Yemen. For example, CW-1 stated that, while in Yemen, CW -1 personally exchanged various electronic documents with PHAM – and PHAM was found in possession of various electronic media that contained computer files forensically identical to those possessed by CW-1. In addition, CW-1 reported that PHAM almost always carried a Kalashnikov in Yemen – and upon his arrival in the United Kingdom from Yemen, PHAM was found to be in possession of a live round of .762 caliber armor-piercing ammunition, which is consistent with ammunition that is used in a Kalashnikov assault rifle.
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The indictment charges PHAM with five separate counts:
- Count One: Conspiracy to provide material support to AQAP;
- Count Two: Providing material support to AQAP;
- Count Three: Conspiracy to receive military-type training from AQAP;
- Count Four: Receiving military-type training from AQAP; and
- Count Five: Use, carrying, and possession of a firearm (machine gun) in furtherance of crimes of violence (Counts One though Four);
If convicted on all counts, PHAM faces a maximum sentence of life in prison, with a mandatory minimum sentence of 40 years in prison. The maximum sentences for each of the charges are reflected in the attached chart. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
PHAM, 32, was arrested in the United Kingdom on June 29, 2012, pursuant to a provisional arrest warrant issued by the United States Attorney’s Office for the Southern District of New York. Since that time, PHAM has challenged his extradition to the United States. On February 3, 2015, a court in the United Kingdom denied PHAM’s challenge, and ordered him extradited to the United States. PHAM arrived in the Southern District of New York on February 26, 2015.
Mr. Bharara praised the extraordinary investigative work of the FBI’s Washington Field Office. He also expressed his gratitude to the New York Joint Terrorism Task Force – which principally consists of agents from the FBI and detectives from the New York City Police Department – for the critical role it played in the investigation. In addition, Mr. Bharara thanked the Department of Defense and the Department of Justice’s National Security Division. He also thanked the Office of International Affairs for its work in pursuing Pham’s extradition from the United Kingdom. Lastly, Mr. Bharara also thanked the British authorities, including New Scotland Yard and the Crown Prosecution Service, for their cooperation in the investigation.
This case is being handled by the Terrorism and International Narcotics Unit of the U.S. Attorney’s Office for the Southern District of New York. Assistant U.S. Attorneys Anna M. Skotko, Sean S. Buckley, and Ian McGinley are in charge of the prosecution.
The charges contained in the Indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
United States v. Minh Quang Pham – Maximum Penalties
|Statute(Title 18)||Counts||Description||Maximum Penalties|
|§ 2339B||Count 1Count 2||Conspiracy to provide material support to a foreign terrorist organization, and provision of material support to a foreign terrorist organization (AQAP).||Maximum of 15 years in prison.|
|§§ 2339D, 371||Count 3||Conspiracy to receive military-type training from a foreign terrorist organization (AQAP).||Maximum of 5 years in prison.|
|§ 2339D||Count 4||Receipt of military-type training from a foreign terrorist organization (AQAP).||Mandatory sentence of 10 years in prison.|
|§ 924(c)||Count 5||Use, carrying, and possession of firearms (machine guns) in furtherance of crimes of violence (Counts 1 through 4)||Mandatory minimum of 30 years in prison (consecutive to any other term). Maximum of life in prison.|