In SDNY Rhino Case Abdi
Hussein Ahmed Pled now Wanted Time Served Now
Gets 48 Months
By Matthew
Russell Lee, Patreon
SDNY COURTROOM
Exclusive, May 11 – 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
November 1, a
co-defendant
was in court
for a status
conference and
remains
detained:
"Minute Entry
for
proceedings
held before
Judge Gregory
H. Woods:
Status
Conference as
to Abdi
Hussein Ahmed
held on
11/1/2022.
Defendant Abdi
Hussein Ahmed
(3) (in
custody)
present with
attorney... Swahili
Interpreter
Masuma Chagani
present.
Initial
conference
held. The
Court
schedules a
status
conference for
December 16,
2022 at 10:00
a.m. Time is
excluded in
the interests
of justice
from November
1, 2022 until
December 16,
2022.
Detention
continued."
On November
15, 2022
co-defendant
Badru Abdul
Aziz Saleh was
brought into
court by two US
Marshals.
Inner City
Press was
there. He pled
guilty, to
Count 5, the
heroin
count.
Sentencing was
set for
February 28, 2023 at 10 am.
On
February 6,
2023, Abdi
Hussein Ahmed
was brought in
by Marshals to
plead guilty.
Inner City
Press was the
only person in
the
courtroom
gallery. These
were again
some
interpretation
issues, but it emerged that
the US will
support a
"safety valve"
application to
go under the
10 year mandatory
minimum, with a
stipulated guideline
sentence of
57 to 71
months.
Sentencing will be on
May 11
(defense counsel
said he has
three other
Federal
sentencings on
May 10)
at 10 am.
On
April 26, Abdi
Hussein Ahmed's CJA
counsel wrote
in to ask for
time served.
He said his
client once owned
and
operated the
Bashier Hotel
in Kiambu in Kenyaa
where his
reputation
has been
ruined.
On May
4, the US
Attorney's
Office wrote
in and said
Abdi Hussein
Ahmed should
get 57 months - and
that "the
sentence
should run
from August
1, 2022 when
the defendant was
arrested in
Kenya and detained
pending
his
extradition to
the US." On
May 11, "Abdi
Hussein Ahmed
(4). THE
DEFENDANT:
pleaded guilty
to counts1 and
5 of the S1
Superseding
Indictment.
All underlying
Counts are
dismissed on
the motion of
the United
States.
IMPRISONMENT:
48 months for
each of Count
1 and Count 5,
to run
concurrently.
SUPERVISED
RELEASE: 3
years.
ASSESSMENT:
$200.00.
Special
instructions
regarding the
payment of
criminal
monetary
penalties: The
special
assessment in
the amount of
$200.00 shall
be paid
immediately.
The defendant
shall forfeit
the
defendant's
interest in
the following
property to
the United
States: a. One
black
rhinoceros
horn received
by the USFWS
on or about
March 16,
2018, which is
currently in
the custody of
the USFWS; and
b. Two white
rhinoceros
horns received
by the USFWS
on or about
July 17, 2018."
Abdi Hussein Ahmed
On
April 24,
2023,
"JUDGMENT IN A
CRIMINAL CASE
as to Badru
Abdul Aziz
Saleh (5). The
defendant
pleaded guilty
to Count 5 of
the S1
Superseding
Indictment.
IMPRISONMENT:
42 months. The
court makes
the following
recommendations
to the Bureau
of Prisons:
Note that the
defendant was
arrested on a
federal
warrant on May
30, 2022 prior
to his
extradition
for this
offense. The
defendant is
remanded to
the custody of
the United
States
Marshal.
SUPERVISED
RELEASE: No
term of
supervised
release
(guidance of
Section 5D1.1
(c)).
ASSESSMENT:
$100.00 due
immediately.
(Signed by
Judge Gregory
H. Woods on
4/24/2023)." Watch
this site.
On
October 24,
2022, the US
Attorney's
Office wrote
in seeking to
finalize forfeiture
by Kromah of
"One Black Rhinoceros
Horn received
by the USFWS
on March 16,
2018" and "two
White
Rhinoceros
Horns
received by
USFWS on July
17, 2018."
On
October 26,
Judge Woods
ruled that the
US Marshals
should take
the horns:
"FINAL ORDER
OF FORFEITURE
[205] LETTER
MOTION
addressed to
Judge Gregory
H. Woods from
AUSA Sagar K.
Ravi dated
October 24,
2022 re: Final
Order of
Forfeiture.
NOW,
THEREFORE, IT
IS ORDERED,
ADJUDGED AND
DECREED THAT
All right,
title and
interest in
the Specific
Property is
hereby
forfeited and
vested in the
United States
of America,
and shall be
disposed of
according to
law. Pursuant
to Title 21,
United States
Code, Section
853(n)(7), the
United States
of America
shall and is
hereby deemed
to have clear
title to the
Specific
Property. The
United States
Marshals
Service (or
its designee)
shall take
possession of
the Specific
Property and
dispose of the
same according
to law, in
accordance
with Title 21,
United States
Code, Section
853(h) (Signed
by Judge
Gregory H.
Woods on
10/26/22)." Watch this
site.
On
October 17, co-defendant
Mansur
Mohamed SururSurur
got 53 months: "Sentencing
held on
10/17/2022 for
Mansur Mohamed
Surur (3)
Count 1s,5s.
Defendant
Mansur Mohamed
Surur (3) (in
custody)
present with
attorneys
Alain Vernauid
Messena and
James Bell.
AUSA Sagar K.
Ravi present.
Arabic
Interpreter
Emna Zghal
present. Court
Reporter Paula
Horovitz
present.
Sentencing
hearing held.
The defendant
is sentenced
to 54 months
of
imprisonment
for each of
Counts 1 and
5, to be
served
concurrently.
A special
assessment fee
of $200.00 is
due
immediately.
Detention
continued."
On December
13, Amara
Cherif was up
for sentencing
and Inner City
Press went to
it. Cherif
spoke of his
11 children;
the AUSA
acknowledged what is the
docket about a
son of Cherif's
being kidnapped,
and emphasized
that Cherif
did not
cooperate. Judge Woods
imposed a
sentence of 57
months and no
supervised
release, as it
will be
followed by
deportation
(which Cherif
says he is awaiting,
wanting
to get back to
his children).
Back 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."
The case
is US v.
Kromah,
19-cr-338
(Woods).
It
is US v.
Kromah,
19-cr-338
(Woods).
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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