United States v. Farhane

634 F.3d 127 (2011)

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United States v. Farhane

United States Court of Appeals for the Second Circuit
634 F.3d 127 (2011)

  • Written by Tanya Munson, JD

Facts

Rafiq Sabir (defendant) was a United States citizen and licensed physician. In 2001, the Federal Bureau of Investigation (FBI) began investigating Sabir’s friend Tarik Shah. The FBI believed Shah was transferring money to insurgents in Afghanistan. A confidential informant, Saeed, cultivated a relationship with Shah. Shah disclosed to Saeed his commitment to the religious holy war, jihad, and his desire to train jihad warriors, mujahideen, in martial arts. Shah repeatedly referred to Sabir as his partner in these conversations. Between 2004 and 2005, Sabir worked at a Saudi military hospital in Riyadh, Saudi Arabia. In May 2005, Sabir met with Shah, Saeed, and Agent Soufan, an FBI agent posing as a recruiter for al Qaeda. During this meeting, Sabir told Agent Soufan that he would soon be returning to Riyadh and was interested in meeting with mujahideen and providing them medical assistance. Sabir provided Agent Soufan with his personal and work phone numbers so that mujahideen could contact him. Sabir and Shah then participated in a ritual called bayat, in which they pledged their allegiance to al Qaeda, promised to protect those on the path of jihad, and swore obedience to Osama bin Laden. A week after this meeting, Sabir and Shah were arrested and indicted on charges that they conspired to provide material support or resources to al Qaeda and provided, or attempted to provide, such support. After a jury trial in district court, Sabir was found guilty and convicted of both the conspiratorial and substantive charges against him. Sabir appealed on the grounds that the evidence was insufficient to support his conviction.

Rule of Law

Issue

Holding and Reasoning (Raggi, J.)

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