In SDNY Rhino Horn Case
Cherif Says Son "Kidnapped in Africa" To
Prevent Cooperation
By Matthew
Russell Lee, Patreon
SDNY COURTROOM
Exclusive, Oct 10 – Back on June
13, 2019 SDNY then-US
Attorney Geoffrey
L. Berman
announced the
indictment of
four citizens
of African nations
for trafficking
in rhino horn, elephant
ivory and heroin
into New York
and that
one of them, a
Liberian named
"Kampala Man," or
really Moazu
Kromah had
earlier in the
day been
arraigned in
the Magistrates
Court. Inner
City Press was
there.
On
December
11, 2019
assigned U.S.
District Court
for the
Southern
District of
New York Judge
Gregory H.
Woods held a
proceeding in
the case, or
tried to. The
interpreter
was not doing
simultaneous
or even complete
interpretation.
Judge Woods
reminded him
this was necessary,
as he
translated the
defendants
request to
know the name
of the judge.
On
Sunday,
October 9,
2022 counsel
for
co-defendant
Amara Cherif
wrote to Judge
Woods in the
run up to
sentencing set
for October 12
that "I received a
correspondence
from Mr. Cherif
that his 7
year old son
was kidnapped in Africa as
a direct
result
of his
upcoming
sentencing in
this case. Mr.
Cherif further
advised
that the kidnappers
said, '[they]
will harm his
son if he
continues to
assist the
American.'" An
adjournment
has been
requested, and
agents abroad have been
alerted. Watch
this site.
On
August 18, 2022
when Kromah was
up for
sentencing.
Inner City Press
was there.
Kromah was in
prison beige,
with his ankles
chains. He told
Judge Woods he
does not want
to be returned
to Liberia or
Uganda. He
said he has
been in prison
for 42 months.
The Assistant
US Attorney Sagar K.
Ravi said
while it might
be an
important day
for Kromah,
it was also an
important
day for the
Government and
the world. He
cited 10
tons of
elephant tusks
and 190
kilograms of rhino
horn; he
emphasized
that after
Kromah may or
may not have
served four
months in
Ugandan prison
he returned
to the wildlife
trade,
resulting in
the deaths
of 35 rhinos
and 100 elephants.
The
interpreter
was heard by
the courtroom
during Kromah's
statement, but
not the Government's
argument for
63 months.
And that
was the
sentence
imposed. So, 63 minus the
42 served is
21 months - then
deportation.
While
some NGOs
says, not
without
reason, that 63 (or
21) months is
not enough for 100
elephants,
UK Prince
William, perhaps to distract
from other scandals,
issued a statement praising
the sentence,
picking
without
comment much
less courtroom
presence by
Vanity Fair, here:
"Today’s
sentencing
demonstrates
both what is
possible when
a coordinated
international
response is
brought to
bear against
the illegal
wildlife
trade, and why
it is
essential... This
is a
significant
victory and a
landmark
case,” he
said. “For
over a decade,
its complexity
has been
skilfully met
by a global
alliance of
international
law
enforcement
agencies,
governments,
NGOs and
private sector
organizations,
including a
number of
brilliant
United for
Wildlife
partners."
On
October 4, this
docket entry
from
co-defendant
Surur: "LETTER
by Mansur
Mohamed Surur
addressed to
Judge Gregory
H. Woods dated
9/28/22 re:
Letter to the
Court - I
humbly plead
to Your Honor
to please give
me an
opportunity
and allow me
soon to be
reunited with
my loved ones
back in Kenya."
Inner
City Press
will continue
to follow the
cases.
On June
1, 2022, co-defendant
Surur was
brought into
Judge Woods'
courtroom to
plead guilty.
Inner City
Press was
there and live
tweeted,
including Surur's
questioning
why his
cooperation
with the
government was
not mentioned
(his lawyer
said it was
just proffers
and will be
raised at
sentencing,
with a 70 to
87 month
guideline). Thread:
In
rhino horn
trafficking
criminal case,
now Surur is
pleading
guilty. Inner
City Press,
the only media
here in the
courtroom
Surur:
My lawyer told
me 70
months...
Judge:
But you
understand you
could get
life?
Surur:
(Pause) Yeah,
OK.
Surur: My
cooperation
with the
government,
it's not in
here. Defense
lawyer: There
were proffers
but no
cooperation
agreement.
We'll bring it
up at
sentencing.
Surur:
I facilitated
between buyer
and seller of
blsck rhino
and two white
rhino horns. I
wasn't the
seller. Also,
a kilo of
heroin.
AUSA:
Also the
Endangered
Species Act,
and laws of
#Kenya and
#Uganda.
Surur: I
didn't do this
in 2012. It
was 2017.
Guilty.
Judge:
Sentencing
Sept 14, 10
am. Adjourned.
Afterward, a
press release
that did not
mention the
proffers, nor
what Surur
said: "MANSUR
MOHAMED SURUR,
a/k/a
“Mansour,” a
Kenyan
citizen, pled
guilty to
conspiring to
traffic in
rhinoceros
horns and
elephant
ivory, both
endangered
wildlife
species, which
involved the
illegal
poaching of
more than
approximately
35 rhinoceros
and more than
100
elephants.
SURUR also
pled guilty to
conspiring to
distribute
heroin to a
buyer located
in the United
States.
Two of SURUR’s
co-defendants,
MOAZU KROMAH,
a/k/a “Ayoub,”
a/k/a “Ayuba,”
a/k/a “Kampala
Man,” a
citizen of
Liberia, and
AMARA CHERIF,
a/k/a “Bamba
Issiaka,” a
citizen of
Guinea,
previously
pled guilty on
March 30,
2022, and
April 27,
2022,
respectively
to conspiring
to traffic in
rhinoceros
horns and
elephant
ivory, as well
as substantive
charges of
trafficking in
rhinoceros
horns.
The remaining
defendants,
BADRU ABDUL
AZIZ SALEH,
a/k/a “Badro,”
and ABDI
HUSSEIN AHMED,
a/k/a “Abu
Khadi,” are
both citizens
of
Kenya.
SALEH is in
custody in
Kenya based on
a U.S.
extradition
request, and
AHMED remains
a fugitive."
Saleh
appeared
before Judge
Wood on June 24,
2022: "Minute
Entry for
proceedings
held before
Judge Gregory
H. Woods:
Status
Conference as
to Badru Abdul
Aziz Saleh
held on
6/24/2022.
Defendant
Badru Abdul
Aziz Saleh (5)
(in custody)
present. Swahili
Interpreter
Masuma Chagani
present.
Status
conference
held. The next
status
conference is
scheduled for
September 1,
2022 at 2:00
p.m. Time is
excluded in
the interests
of justice
from June 24,
2022 until
September 1,
2022.
Detention
Continued."
Back on March
30, 2022, Kromah
appeared in
Judge Woods
courtroom.
Inner City
Press was
there. As part
of the change
of plea
script, Judge
Woods asked
Kromah of
his employment history.
Kromah said
he was born in
Liberia and
sold shoes and
used clothes
there until the
civil war.
Then he moved
to Guinea. His
CJA counsel
urged him to
keep it simpler.
He did, and
pled guilty. Sentencing
is set for
June 29, 2022
at 11:00 a.m.
See
also,
Greenwire's
E&E News
of April
5, 2022,
April 5, 2022,
"Alleged Rhino
Horn Smuggler
Pleads Guilty
After Years in
Jail," by
Michael Doyle,
"The guilty
plea was first
reported by
New York
City's Inner
City Press and
took place
without the
fanfare that
accompanied
the June 2019
announcement
of the
original
indictment
naming Kromah
and three
other
defendants."
On April
14, a
proceeding for
two remaining
defendants was
held, and
Inner City
Press attended
in person.
There were four
interpreters
- two Mandingo,
two Arabic -
and the
day's CJA
counsel from
Sullivan and
Cromwell, on
stand-by.
But
after denying
Cherif's
motion to
sever his
trial to avoid
being mixed up
in the heroin
charge, the
motion by his
lawyer to withdraw
was itself
withdrawn.
On April 27, with
Inner
City Press
alone in the
gallery, Amara
Cherif entered
guilty pelas
to Counts
1, 2 and 3. He
recounted
selling used clothes. His
sentencing was
set for August
25 at 10 am.
The case
is US v.
Kromah,
19-cr-338
(Woods).
It
is US v.
Kromah,
19-cr-338
(Woods).
Docketed
back
on August 19 was
Amara Cherif's
letter to
Judge Woods:
"I am
contacting you
to request an
official court
analysis of my
sentence
exposure,"
citing Federal Rule of
Criminal
Procedure
32(e)(1). The letter
is dated June
26 but took
seven weeks to
docket - as,
for example,
the letters to Judge
Woods from
FINCEN leaker
Natalie
Edwards should
also be
docketed.
On
August
20 Judge
Woods
denied Cherif
(no ruling yet
on unsealed
Edwards'
letters after
her
thanks they
were considered by
the Court) -
"Defendant
writes to
request an
official court
analysis of
sentencing.
ENDORSEMENT:
Application
denied. The
Court cannot
respond to
this request.
Mr. Cherif has
counsel and
the Court does
not provide
advisory
guidance to
litigants. SO
ORDERED.
(Signed by
Judge Gregory
H. Woods on
8/19/2021)"
In connection
with
Judge Woods'
hearing Inner
City Press was
contacted
and told that
Surur has been
ordered extradited.
We added it with
h/t, below. Now on
January
25, it's confirmed:
"Audrey
Strauss, the
United States
Attorney for
the Southern
District of
New York,
announced
today that
MANSUR MOHAMED
SURUR, a/k/a
“Mansour,” a
Kenyan
citizen, was
extradited
from Kenya and
arrived in the
United States
this
morning.
SURUR was
arrested by
Kenyan
authorities on
July 29, 2020,
in Mombasa,
Kenya, on
charges of
conspiracy to
traffic in
rhinoceros
horns and
elephant
ivory, both
endangered
wildlife
species, which
involved the
illegal
poaching of
more than
approximately
35 rhinoceros
and more than
100
elephants.
In addition,
SURUR was
charged with
conspiracy to
commit money
laundering and
conspiracy to
distribute and
possess with
intent to
distribute
more than 10
kilograms of
heroin.
SURUR’s
co-defendant,
Moazu Kromah,
a/k/a “Ayoub,”
a/k/a “Ayuba,”
a/k/a “Kampala
Man,” a
citizen of
Liberia, was
previously
deported to
the United
States from
Uganda on June
13,
2019.
Co-defendant
Amara Cherif,
a/k/a “Bamba
Issiaka,” a
citizen of
Guinea, was
extradited to
the United
States from
Senegal on
April 3,
2020.
Co-defendant
Abdi Hussein
Ahmed, a/k/a
“Abu Khadi,” a
citizen of
Kenya, remains
a
fugitive.
SURUR is
expected to be
arraigned
later today
before
U.S.
Magistrate
Judge Debra
Freeman.
The case has
been assigned
to U.S.
District Judge
Gregory H.
Woods. "
Inner
City Press
first reported:
Surur is
facing, and trying
to fight,
extradition, h/t
The
case is US v.
Kromah,
19-cr-338
(Woods). US v.
Kromah,
19-cr-338
(Woods).
***
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