i
i
UNITED
STATES
DISTRICT
DISTRICT
COURT
OF MASSACHUSETTS
---------------------------)
UNITED
STATES
OF AMERICA
)
CRIMINAL
)
v.
O/-lol/:23- RE<
NO.
)
)
MOHAMED M. HUSSEIN,
LIBAN M. HUSSEIN,
18 U.S.C. § 1960
(Operating an Illegal Money)
Transmittal
Business)
18 U.S.C. § 982
(Criminal Forfeiture)
)
)
)
Defendants.
)
)
----------------------------
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oOC,t~~
INDICTMENT
The Grand
Jury
charges
that at all times
relevant
to the
Indictment:
INTRODUCTION
1.
Defendants
operated
Barakaat
located
North
filed
with
of Barakaat
listed
and Mohamed
Articles
of Organization
transfer
2.
Barakaat
transmission
and Liban
(\lBNA" or
"Barakaat")
for Barakaat
is to engage
Massachusetts.
Secretary
as the Clerk
filed
M. Hussein
#1, Dorchester,
Liban M. Hussein
Hussein
of the corporation
by electronic
Street
Inc.
the Massachusetts
Barakaat
purpose
M. Hussein
America,
at 925 Washington
Documents
behalf
Mohamed
of State
on
as the President
of Barakaat.
state
that
in the business
of
The
the
of "money
means."
accepted
in interstate
funds
in Dorchester,
and foreign
commerce.
Massachusetts
for
At least a
0
.
/'
to:
.
/'/
,
,;//
portion
of the business
transmittal
of funds,
and elsewhere
3
/~.:..:\
'*
c ;~:;--\
'.
.
foreign
operate
money
a foreign
General
money
which
of transmitting
transmittal
business
Specifically,
Laws Chapter
accepts
money
a license
transmittal
the
Massachusetts
to obtain
of Massachusetts.
under Massachusetts
involved
("UAE").
law, a business
is required
of a foreign
Commonwealth
Emirates
for the purpose
countries
operation
Arab
Massachusetts
of money
at Barakaat
for a fee, from Dorchester,
to the United
Under
deposits
conducted
authorizing
the
from the
it is a misdemeanor
169, Section
business
to
16 to
without
such a
license.
4.
Barakaat
On or about August 7, 2000, Liban
North
Commonwealth
("Division
Business
Foreign
Bander
America,
of Massachusetts,
of Banks"),
that
Dubai,
the money
According
through
Barakaat
number
1103197816
of Bank
a License
of Money
listed
Street
#1, Dorchester,
to the application,
would
be deposited
("the Barakaat
Albaraka
would
funds
the
in the
to
Exchange,
and included
02124.
to be transmitted
Bank,
account") .
a
further
be conducted
Massachusetts
at Citizens
Citizens
2
to Engage
The application
business
of
and Loan Agencies
company
in Somalia.
transmittal
with
for Transmission
UAE as an affiliated
bank offices
from 925 Washington
5.
Division
The application
Countries.
Taleb,
Deposits
as President
filed an application
to obtain
of Receiving
list of Barakaat
stated
Inc.,
Hussein,
account
.../
.
'.
./-
The application
6.
included
a number
indicated
that
Portland,
Maine
even though
a Money
with
of Barakaat
the letters
Division
of Banks
America,
Inc.,
engaged
engaging
in foreign
letter
further
and/or
imprisonment,
without
a license.
documents
complete
that, based
stated
Barakaat's
license.
Therefore, Liban
Barakaat,
were
aware
Dorchester,
funds
funds
required
of the State
3
that
listed
Hussein,
licensing
was
money
it cease
a license.
punishable
by the Division
and Mohammed
submitted
to foreign
without
for a foreign
North
Massachusetts
to a foreign
also
of
the
that Barakaat
activities
the letter
application
or
the receipt
Barakaat
to do so and ordered
to transmit
and information
digits
license,
President,
that it was a crime,
Finally,
bore
began
numeric
following
it appeared
transmittal
receipts
on the materials
of transmitting
a license
Barakaat,
numbers
transmittal
Street,
without
area and
through
by eight
5, 2000,
925 Washington
application,
which
digits.
for a money
in the business
countries
numeric
Hussein,
with Barakaat's
Boston
funds
"BTN" followed
stating
receipts
The control
sent Liban
a letter
of Banks
Each of the transfer
September
application
transfer
transmitted
Number.
by seven
On or about
Barakaat's
money
it was unlicenced.
Control
to the Division
in the greater
had already
"ABTN" followed
7.
submitted
individuals
Transfer
either
02124,
?"':-"
.(
'Ji'
The
by fine
country
additional
of Banks
to
remitter
officers
requirement
of
and knew
ijj;
/;~'.~J
I'
that Barakaat
Banks.
Nonetheless,
operated
a money
Dorchester,
money
did not have
Liban
Massachusetts
Thereafter, on or about
sent a follow
Barakaat
North
received
a response
transmittal
9.
that
On or about
of Barakaat,
a foreign
money
North
to operate
without
December
remitter
The United
President,
Street,
Dorchester,
of Banks
5, 2000
had not
letter.
to operate
15, 2000,
The letter
a foreign
an attorney,
to the Division
was withdrawing
money
their
acting
on
of Banks,
application
for
license.
to the Division
America,
Division
a license.
sent a response
a foreign
is authorized
925 Washington
it was a crime
2001, it had not received
1960.
of
countries,
the
Hussein,
that the Division
that Barakaat
10. According
11.
Street,
deposits
to foreign
5, 2000,
to Liban
to its September
business
stated
Inc.,
indicating
reiterated
Barakaat
accepting
funds
of
intentionally
at 925 Washington
December
up letter
America,
Massachusetts,
which
the Division
Hussein
by intentionally
of transmitting
of Banks
behalf
business
from
the UAE.
8.
further
and Mohammed
transmitting
for the purpose
including
such a license
of Banks,
a new remitter
Inc.,
money
States
to investigate
as of October
application
nor had Barakaat
transmittal
Customs
from
received
("Customs
violations
Service")
of 18 U.S.C.
In the course of investigating such violations,
4
a license
license.
Service
potential
24,
the
§
/
I
".
(';"
"..;-
Customs
Service
in October
Service
conducted
2001,
observed
on behalf
Citizens
which
Mohammed
of Barakaat
bank
locations
Between
transfers
totaling
including
July
Exchange,
also during
this
included
transfer
original
In addition
Inc.,
the deposit
26, 2001,
were
of
sent
28 wire
from
the Barakaat
for the benefit
were
UAE for the benefit
written
identical
receipts
of Al
to the Barakaat
Maine.
section
Citizens
number
Subsequent
Exchange.
5
digits.
began
This
noted
on the
of Banks
application.
account,
Suite
Barakaat
1, Dorchester,
0061191334006209
to September
also sent from this account
of Albaraka
that
to the Division
Street,
account
Further,
the Barakaat
to the numbering
license
925 Washington
America.
against
by numeric
submitted
transmittal
North
in the memo
followed
also maintained
Key Bank in Portland,
wire transfers
checks
"BTNU and were
money
Massachusetts
the Barakaat
included
with Barakaat
a notation
Barakaat
North America,
transactions
and elsewhere.
$595,373,
in the UAE,
time period,
syste:-:lis virtually
13.
using
Massachusetts
affiliated
notation
with Barakaat's
banking
which had been identified in the initial license
as being
with the letters
Bank,
transactions
approximately
application
account
of the Custom
conducting
5, 2001 and September
Citizens account to a bank
Citizens
Agents
investigation
from a number of different people, with bank accounts
12.
Baraka
Hussein
These
and related
Special
at Citizens
account.
cash and checks
in various
during
surveillance
at
5, 2000,
to a bank
in the
\_J
/~...'
COUNT
(Operating
an
14.
Paragraphs
15.
Beginning
later
than
Illegal
1-13
on
September
2001, in the District
Money
are
Transmittal
incorporated
a date
5,
1
by
unknown
2000
and
Business)
to
the
grand
jury,
but
no
through November 7,
continuing
of Massachusetts
reference.
and elsewhere,
MOHAMED M. HUSSEIN
LIBAN M. HUSSEIN
the defendants,
supervise,
did knowingly
direct,
was an illegal
wit, the defendants
operated
transmitting
commerce,
without
Barakaat
transmitting
North
business;
America,
Inc.,
interstate
obtaining
a license
from the Commonwealth
a misdemeanor
under
1960 and
money
knowing
affecting
to operate
All
manage,
business
Massachusetts
Section
control,
and own all or part of a business,
that such business
money
conduct,
such a business,
Massachusetts
General
a
and foreign
which
is punishable
Laws,
Chapter
States
Code,
of
169,
16.
in violation
of Title
18, United
2.
6
to
Sections
as
'.
ILLEGAL
it
MONEY
TRANSMITTAL
(18 U.S.C.
The Grand
16. As a result
§ 982
Jury
-
FORFEITURE
Criminal
ALLEGATION
Forfeiture)
further
charges
that:
of the offen~es
alleged
in Count
One,
MOHAMED M. HUSSEIN
LIBAN M. HUSSEIN
defendants
property,
property
herein,
shall
forfeit
real or personal,
traceable
to the United
involved
to such property,
States
in such offense,
including,
any and all
or any
but not limited
to:
a.
all funds on deposit in Citizens Bank account number
1103197816 as of November 7, 2001, and all proceeds
traceable thereto; and
b.
all funds on deposit in Key Bank account
0061191334006209
as of November 7, 2001,
proceeds traceable thereto.
17.
If any of the forfeitable
paragraph
defendants
16 above,
as a result
property,
number
and all
as described
of any act or omission
in
of the
-(1) cannot
be located
upon the exerClse
of due
diligence;
(2 )
has been
with,
(3 )
a third
transferred
or sold
to, or deposited
party;
has been placed
beyond
the jurisdiction
of the
Court;
(4)
has been substantially diminished in value; or
7
/;~
~...
-"
(5 )
has been
cannot
it is the intent
United
States
other property
described
be divided
Cod~,
Section
853(p),
(incorporating
property
which
difficulty;
States,
of the defendants
in paragraph
with other
without
of the United
All in violation
982
commingled
pursuant
to seek
to Title
forfeiture
up to the value
21,
of any
of the property
16 above.
of Title
Title
18, United
21, United
8
States
States
Code,
Code,
Section
Section
853(p)).
-'
."
A TRUE
~,92:'.(~
ALLISON D. BURROUGHS
BILL
.
JOSHUA LEVY
ASSISTANT U.S. ATTORNEYS
DISTRICT
OF MASSACHUSETTS;
November
Returned
filed.
into the District
Court
14, 2001.
by the Grand
D~~ Y CLERK
9
or
..3:JS r"".
Jurors
()~;6T:)
and
.