yonis ishak affidavit

8/6/2019 Yonis Ishak Affidavit

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Case 1:11-mj-00353-JFA Document 3 Filed 05/11/11 Page 1 of 48


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138. On or about August 25, 2010, at approximately 11:13 a.m, Ishak received a callfrom an unidentified male using British telephone number xxx.xxxxxx874.

UM: What happened to you, I have no money to send packages with and its jus tsitting here.Ishak: You're kidding me.. . I have given the money to Dahabshiil.... I told himto send it through Qaran and he told me it will be sent via Dahabshiil all the way.UM: You know, Ijust sent you a box today and tomorrow send you the other two,but how can I send them with no money.Ishak: 1am going to call him right now . . . he was supposed to have the moneyready.

UM: Then you should have told me if the money was available.139. On or about August 25, 2010, at approximately 2:39 p.m, Ishak made a call to

(xxx) xxx-xx89. This number is subscribed to co-conspirator Suado Mohammed Ali, in Burke,Virginia. Suado Mohammed Ali told Ishak that he needs to work hard this week and next weekdue to September 11 and the long Labor Day weekend coming up. September 11 was projectedto be the first day of Eid ul-Fitr (i.e., the end of Ramadan). Suado Mohammed Ali told Ishakthat he needs to purchase all shipments possible. Ishak told Suado Mohammed Ali that he "hashope for shipments tomorrow." Ishak also told Suado Mohammed Ali that everyone contactshim for khat "since he is the kingpin." Suado Mohammed Ali asked Ishak if his old supply ofkhat was done and Ishak replied, "The situation is bad."

140. On or about August 25, 2010, at approximately 5:05 p.m, Ishak made a call to(xxx) xxx-xx52. This number is subscribed to an individual in Sterling, Virginia. Thisindividual asked Ishak "where the Sheikh of the town has been lately" (referring to Ishak). Ishakresponded that he was in New York the last couple of days with other "sheikhs." The individualasked Ishak if "that was fair." Ishak said that he needs to cater to people from New York, that he

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was held by them since yesterday and that he would be returning to VA tomorrow. Ishak toldthe individual that is he receives packages tomorrow that "he would sneak them out ofNewYork without mentioning anything to the folks here (NY) and bring it to Virginia." Theindividual told Ishak that he "should go ahead with that plan" and "that this city has one Sheik(kingpin) and therefore the city needs him back." Ishak told the individual that if he is out oftown "no one gets anything."

141. On or about August 26, 2010, at approximately 5:31 p.m, Ishak received a callfrom (xxx) xxx-xx81. This number is subscribed to by co-conspirator Khaled Ahmed Isa, inQueens Village, New York. Ishak tells ISA to go to a pick up location for a package of khat.

Ishak: Yeah, tell them, "I am picking up for Ishak, Ishak. . . . My name is Ishak."Isa: Ishak?

Ishak: Yes, Ishak, and I will talk to them and they are going to give it you.Isa: Sheep head bay . . . next to the highway right?Ishak: Yes. Sheep head Bay off of. . . um, down on, urn Bell Parkway.Isa: Okay Ishak, I am going now.142. On or about August 27, 2010, at approximately 8:55 a.m, Ishak received a call

from British Telephone number xxxxxxxxxxlS. This number is subscribed to CC2. The callerasked Ishak why he had not been answering the telephone. The caller complained that Ishak wassupposed to send $800, but that the caller had received only $500. Ishak replied that he wouldcheck on this. Ishakstated: "it is because I owe some money to the money transfer guy andtook $300 towards that," and "Man I gave the money transfer guy $800 but he did this anyway,but I will go and tell him business was not good this week please send $300 more next time."

143. On or about August 28, 2010, at approximately 10:48 p.m, Ishak made a call to38



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co-conspirator CC3 at British telephone number xxxxxxxxxx71. CC3 stated that he and anotherindividual are the best khat dealers in the United Kingdom. CC3 stated that a new alliance willbe forged, with an individual and CC3 on the supply side, and Ishak and another individual onthe sales side in the United States. CC3 then opined that the best time to get money from thisbusiness is September to December and that he (CC3) was going to Uganda, where his supplierhas a khat farm. According to CC3, the khat is exported from Uganda labeled as food, becausekhat is also illegal to export from Uganda. CC3 noted that the khat he was sending to the UnitedStates was also contraband in Uganda.

144. On or about August 30, 2010, at approximately 2:17 p.m, Ishak received a callfrom CC3 using British telephone number xxxxxxxxx471. CC3 and Ishak discussed the fact thatU.S. Customs has hired a temporary agency to check packages and that is why many of theirpackages had been intercepted that week. Ishak stated: "let us do anything possible to getthrough these packages." CC3 and Ishak also discussed using aluminum foil so that the scannerwill not detect the contents. But Ishak objected that the aluminum foil will cause too much heatand "kill the khat." CC3 stated that CCl (Ishak's alleged sister and another supplier of khat) hadused foil for the past three months when sending khat via DHL, and that the khat had not beenintercepted.

145. On or about September 1, 2010, at approximately 10:04 p.m, Ishak received a callfrom and unnamed male using British telephone number xxxxxxxxx874. The male called Ishak

to check on the status of packages. He asked Ishak: "So you received the Majarteen stuff?"Ishak responded: "No, no, it was the Mowadelas. The Majarteen stuff did not arrive yet." It ismy understanding that the Mowadelas and Marjateen are the names of clans in Somalia.

146. On or about September 1, 2010, at approximately 11:37 p.m, Ishak received a call39



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telephone call from co-conspirator Khaled Isa, a.k.a. "Adnan," who was calling from telephonenumber (xxx) xxx-2281. Khaled Isa inquired whether Ishak was on his way to New Jersey toretrieve a package. Ishak instructed Khaled Isa to have the money ready.

150. On or about October 8, 2010, at approximately 2:31 p.m., Ishak received a callfrom co-conspirator CC3, who was utilizing British telephone number xxxxxxxxxl50. CC3informed Ishak that he checked on the status of a package that he sent to Ishak and that ashipment would arrive at 9:50 a.m. the next day. According to CC3: "Nothing is coming outtoday because we don't have that much khat in the town." Ishak also told CC3 that he sent him

some money through Dahabshiil; "The money was sent to you. I bribed the guy to send themoney today."

151. On or about October 9, 2010, at approximately 8:38 a.m. Ishak received a callfrom co-conspirator CCl, who was utilizing British telephone number xxxxxxxxx976. CClinformed Ishak that she sent some khat to a New York addresses and she and I shak d is cu ssed t hemoney they made. CCl stated that she was planning on sending some of her money to Somaliafor investing. Ishak advised her not to invest her money but to keep it and use it for their khatsupply for the next three months. Ishak told CCl how CC3 helped him make a lot of money.CCl then claimed to havemade $12,000 that week. She also mentioned that she planned tomake $100,000 by December. Ishak then advised CC1 not to send more than 100 pieces at atime. CCl asked Ishak, what he thoughtof her importing khatwhenshe latermakes a trip toCalifornia. Ishakadvised that she not do this because her children might inform officers at theport of entry that she has khat in her luggage.

152. On or about October 9, 2010, at approximately 9:31 a.m., Ishak placed atelephone call to CC3. Ishak asked CC3 if he received the $1,500 Ishak hadsent to himthrough

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Iftin and Dahabshiil. CC3 told Ishak that he would call the wire service agents to see if themoney was in his account yet. CC3 asked Ishak if he received a shipment that he sent to Ishakyesterday (October 8, 2010), and asked about a second shipment Ishak responded that theshipment arrived at the "Flushing address."

153. On or about October 29, 2010, at approximately 6:14 p.m., Ishak made a call toco-conspirator CC3. Ishak and CC3 discussed money that was owed and how it was sent to CC3through Dahabshiil. Ishak stated: "Uncle, the money is already sent through Dahabshiil . . . .Th e sender is Ubah Buraleh. . . . I yelled at the Dahabshiil guy, so this money is guaranteed for

receipt." I know from my investigation that the wife of co-conspirator Abokor Gurreh, is named"Ubah Buraleh." Ishak and CC3 also discussed their relationship and the khat business. Ishakstates: "When you add everything up, I think it was 75 bundles. So I sent you the proceeds o f70 bundles and the $500 I added. The money have been sent, total should be $2,700 and you'regood to go. Just let me know when you get it." Ishak further states, "take the $500 as a payment.If you could mark the box for me today, it all depends on you."

154. On or about November 6, 2010, at approximately 11:02 p.m., Ishak made a call toco-conspirator Abdulkadir Ali Isse, a.k.a., "Abdul," a.k.a, "Burane." The two discussed Ishak'sk h a t d is trib u tio n n et wo rk a n d I ss e' s d es ir e t o f ur th er h i m s e l f in th e k h a t b u s in e s s :

Ishak: Okay, I will go online tonight and get some Baltimore addresses tonight.Isse: Okay.

Ishak: If you won't do the job, tell me now. Baltimore is not far from you.Isse: Okay.Ishak: Once you receive the stuff, I will let you know who to deliver to.Isse: D o n e d eal .

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Ishak: I will instruct you to hand some stuff and get something from Dirir; you willgive some to Haaruun, Osman and Abdulhamid you will make a side deal with himon your own; and Big-mouth Juba is there in Baltimore. I will talk to the Ugas. Evenit comes one day late, it will still come in good condition.... I will run the job fromhere and direct people to get the stuff from Burane.... Listen, 40 pieces is enoughfor DC. I thought about DC and coming from all the way NJ ,CT. . . .Isse: Go ahead start ordering the stuff, I need some pocket money.Ishak: Not only pocket money, but you will make it a lot of profit, why you know.Isse: What?Ishak: Because, look, if we give [CC3] his 30 share, and the rest~or some timewhen I'm broke, you do not mind if I share with you the profit, $5 and my Khat.Isse: Done deal.

Ishak: I always give and support Osman and others some. . . . You will get morecostumers , do not worry, justandlook, the old guy [name deleted] takes his fourpieces, the idiot Mohamed as well as Dahabshiil agent's costumers.... NewJerseyand Connecticut will be plenty for me. It's not worth it for me to deal with DC,because people over here are just mad and low life. So you will distribute theshipment tomycustomers. Youwilldeliver totheir houses like Fadumo. That's whythey likeme. Youcannot be lazy. You have to deliver it to themand hustle. If yousell 50 bundles, you will make $500 easy.

Isse: Go do it, right now.Ishak: And I am happy with my $10. I usually charge them $45 and $50, becauseOsman and them gel some from me and 1get it back from them in different means.

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. . . There is no such thing as $60. Don't you know Somalis by now? They willcome to me and ask me to hire them. How many times did [name deleted] ask me fora lot of bundles.. .. I'm happy with the $50 dollars per bundle they pay. And oncein a while, I throw Osman and Baltimore a bundle on the house, when they purchasea lot from me. That's why theses people like me and wait for me. . . . Also withDirir, you see how I deal with him, you give him about 5 or 6 bundles. . . . Andwhatever is left that you cannot sell, I will take it to the Arabs the next day. . . . Donot worry about Fadumo, any thing she takes from you. Youwill come and deal with

me in terms of the money. Give Osman and the guy who works with him whateverthey need. Do not worry about Dirir and Juba and I Iarun. These 6 individualsincluding the old man who was taking the car from you, are good customers andtrustworthy.Isse: Look, I will collect the money who ever takes some stuff from me.Ishak: I need you Burane, I'm losing my costumers here.

Interception and Testing of Packages155. Through internal product tracking databases, inspectors with the U.S. Postal

Inspection Services have determined that Ishak checked the status of at least 102 packages, someof which were seized by CBP and found to contain khat, and others ofwhich Ishak mentionedduring telephone conversations intercepted pursuant to the U.S. District Court's authorization.

156. On January 31, 2010, your affiant conducted analysis of the packages that werediscussed by Ishak and co-conspirators during the Court-authorized wire intercept. From August23, 2010 to December 4, 2010, Ishak and his co-conspirators discussed around 215 packages.The contents of six of these packages were tested for the presence of cathinone. The contents of

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all six packages tested positive for cathinone. 106of the 215 packages were seized byCBPOfficers at ports of entry to the United States. 106of the seized packages were found to containa green leafy substance identified as khat.

157. On or about August 24, 2010, a parcel was shipped from England, manifested aschildren's clothes. The packages was mailed to M Ashak, xxx Bergen Avenue, Jersey City, NewJersey. CBP seized the package and testing by the U.S. Postal Service Forensic Laboratoryconfirmed that the contents of the package contained cathinone.

158. On or about September 14, 2010, a parcel was shipped from England manifestedas baby clothes. The express mail label number used to track the package is EE485041865GB.The packages was mailed to M Ashak, xxxxx Queens Blvd., Kew Gardens, New York. CBPofficers seized this package and testing conducted by the DEA Forensic Laboratory confirmedthat the contents of the package contained cathinone.

159. On or about September 15, 2010, a parcel was shipped from England manifestedas baby clothes. The express mail label number used to track the package is EE485042282GB.The packages was mailed to M Ashak at xxxxx Queens Blvd. . Kew Gardens, New York. CBPseized this package and testing by the DEA Forensic Laboratory confirmed that the contents ofthe package contained cathinone.

160. On or about October 22, 2010, a parcel was shipped from England manifested asclothes. The packageswas mailed to Yonis, 9435 LortonMarket Street, #199, Lorton, Virginia,

which is a UPS Store. An interview of the UPS Store employee on October 27, 2010 indicatedthat Ishak was at the store attempting to pick up this package. The UPS employee also identifiedIshak's photograph out of a photo lineup. CBP seized this package and testing conducted by theDEA Forensic Laboratory confirmed that the contents of package contained cathinone.

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161. On or about October 28. 2010. a parcel was shipped from England manifested asclothes. The packages was mailed to Yonis, xxx Main Street, #xxx, Methuchen, New Jersey.CBP seized this package and testing by the DEA Forensic Laboratory confirmed that thecontents of the package contained cathinone.

162. On or about October 29, 2010, a parcel was shipped from England manifested asclothes. The packages was mailed to Yoris, xxx Main Street, #xxx, Methuchen, New Jersey.CBP seized the package and testing by the DEA Forensic Laboratory confirmed that the contentsof the package contained cathinone.

163. On or about November 24, 2010, a parcel was shipped from England manifestedas clothes. The packages was mailed to A ISSE, xxxx Neptune Avenue, Brooklyn, New York.CBP seized the package and testing by the DEA Forensic Laboratory confirmed that the contentsof the package contained cathinone.

164. On or about November 15, 2010, a parcel was shipped from England manifestedas picture frames. The package was mailed to Abduladir, xxx Stanley Avenue, Brooklyn, NewYork. CBP seized the package and testing by the DEA Forensic Laboratory confirmed that thecontents of the package contained cathinone.

165. On or about November 24, 2010, a parcel was shipped from England manifestedas bootleg trousers. The package was mailed to Yonis, xxx New Lots Avenue, Brooklyn,NewYork. CBP seized the package and testing by the DEA Forensic Laboratory confirmed that thecontents of the package contained cathinone.

166. On or about November 11, 2010, a parcel was shipped from Englandmanifestedas Navy Bootleg. The package was mailed to Yonis, xxx New Lots Avenue, Brooklyn, NewYork. CBP seized this package and testing by the DEA Forensic Laboratory confirmed that the

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contents of the package contained cathinone.Survei l l ance

167. On or about August 20, 2010,1 obtained rental records indicating that Ishak hadleased a Buick Enclave from Alamo Car Rental. Surveillance of t hi s veh ic le was initiated an dIshak was observed driving this vehicle numerous times.

168. On or about September 3, 2010, Ishak was observed driving the Buick Enclavefrom New York City to a U.S. Post Office located in Forest Hills, New York, to pick up apackage, bearing parcel number EE454649174GB, which I believe contained khat. In anintercepted conversation with co-conspirator CC3, Ishak received information from CC3. CC3stated: "Here are the numbers with me let check. First the tracking that ends 78 goes to xx-xx63rd road. Tracking that ends 49 goes to 3511 B. The tracking # 454649174 is going to xxxAustin." After Ishak obtained the package, previously described by CC3, Ishak was observedtearing the shipping label from the package and discarding it into a trash receptacle on QueensBoulevard in Forest Hills, New York. I recovered the discarded shipping label and saw thetracking number on it: 454649174.

169. On November 5, 2010, HSI Agents conducted surveillance based on informationobtained by the Court-authorized wire intercept. Information was obtained that Ishak was goingto New York to retrieve a parcel with tracking number EE48 5054 997G B from xxx SunriseHighway, Rockville Center, New York.

170. Ishak called telephone number (xxx) xxx-xxOO at approximately 11:58 a.m. andspoke with a UPS employee who stated: "Your package came in two minutes ago." Ishakresponded: "Sure I will be there around 2:00." HSI agents observed Ishakempty-handedwalking into the UPS store at this location. Soon thereafter, HSI agents observed Ishak

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exiting the UPS store carrying a box. Ishak then placed the box in the back of his vehicle.171. During previous telephone conversations, Ishak and co-conspirator Moheeb

Nasser discussed meeting so that Ishak could sell Moheeb Nasser the khat that was then en-route. After picking up the package of khat from the UPS store, on November 5, 2010, Ishakwas observed meeting with Moheeb Nasser at MoheebNasser's Brooklyn residence. HSI agentssaw Ishak place bundles of khat into two black plastic bags and hand the bags to Moheeb Nasser.

CONCLUS ION

172. Based on the foregoing, there is probable cause to believe that from on or about

February 16, 2005 to the present, in Arlington, Virginia, and elsewhere, the defendant, YonisMuhudin Ishak, and others, did knowingly and intentionally combine, conspire, confederate, andagree with each other and others, both charged and uncharged, and known and unknown, tounlawfully, knowingly, and intentionally possess with intent to distribute a mixture andsubstance containing a detectable amount of cathinone, a Schedule I controlled substance, inviolation of Title 21, United States Code, Sections 841(a)(1) and 846.

kth tMichael T. GruchaczSpecial AgentHomeland Security Investigations

Subscribed and sworn before me this 10lh day of May 2011.

/s/Thomas Rawles Jones, Jr.


yonis ishak affidavit

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