Case: United States v. Mohammad

3:15-cr-00358 | U.S. District Court for the Northern District of Ohio

Filed Date: Sept. 30, 2015

Closed Date: Jan. 22, 2019

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Case Summary

On September 30, 2015, Yahya Farooq Mohammad, Ibrahim Zubair Mohammad, Asif Ahmed Salim, and Sultane Roome Salim were indicted in U.S. District Court of the Northern District of Ohio for conspiracy to provide and conceal material support and resources to terrorists, for providing material support and resources to terrorists and for conspiracy to obstruct justice. Farooq Mohammad and Ibrahim Mohammad were additionally indicted for conspiracy to commit bank fraud. The defendants were appointed f…

On December 21, 2015, the U.S. Department of Justice notified the criminal defendants in this case that some of the evidence the government intended to use against them came from a FISA warrantless wiretap, pursuant to Sec. 702 of the FISA Amendment Acts of 2008. This notice allows criminal defendants to challenge the constitutionality of the government's surveillance techniques. All cases challenging this provision are available in the Foreign Targeting (702, 703, 704) special collection.

On July 6, 2016, Yahya Mohammad was indicted in another case (3:16-cr-00222) in the U.S. District Court of the Northern District of Ohio for attempted first degree murder of a federal officer, solicitation to commit a crime of violence, and use of interstate commerce facilities in the commission of a murder-for-hire. While Yahya Mohammad was detained and housed at the Lucas County Corrections Center in Toledo, Ohio, pending resolution of this case, he had told another inmate that he wanted to hire someone to kill Judge Zouhary. The inmate reported Mohammad to the FBI and introduced Mohammad to an FBI undercover employee, who posed as someone willing to kill Judge Zouhary for money.

On July 12, 2016, Judge Zouhary ordered recusal of himself from the case due to Yahya Mohammad's attempt to murder him. Chief Judge Solomon Oliver of the U.S. District Court of the Northern District of Ohio had requested that Chief Judge Guy Cole of the Sixth Circuit Court of Appeals appoint an out-of-district judge to hear both cases due to their close relation with each other. The cases were transferred to Chief Judge Edmund A. Sargus, Jr. from the Southern District of Ohio.

On September 30, 2016, the defendants filed a motion for disclosure of FISA-related materials and to suppress the fruits or derivatives obtained from warrantless surveillance under Section 702 of FISA.

On November 18, 2016, the government filed an ex parte in camera motion for a protective order pursuant to Section 4 of the Classified Information Procedures Act and Rule 16(d)(1) of the Federal Rules of Criminal Procedure. The government filed a supplemental motion on February 16, 2018. Both motions were submitted under seal with the Classified Information Security Officer.

On July 18, 2017, Chief Judge Cole of the Sixth Circuit reassigned Yahya Mohammad's three co-defendants, Ibrahim Mohammad, Asif Salim, and Sultane Salim, to District Judge Jeffrey J. Helmick. However, Judge Sargas was to continue hearing the cases in regard to Yahya Mohammad.

On November 8, 2017, after Yahya Mohammad pled guilty to one count of providing material support to terrorists in this case (count 1) and one count of solicitation to commit a crime of violence (against Judge Zouhary) in case 3:16-cr-222 (count 2), Judge Sargus sentenced Mohammad to 180 months (minus time served) for count 1 and 240 months for count 2, with 90 of those months to run concurrently with count 1. The remaining 150 months were to run consecutively with count 1 for a total of 330 months; 10 years supervised released; and a $200 special assessment fee. No fines or restitution were imposed.

On March 20, 2018, Judge Helmick granted the government's motion for a protective order (originally filed on November 18, 2016) under Section 4 of the Classified Information Procedure's Act (CIPA). Judge Helmick denied the defendants' motions to suppress evidence obtained from a warrantless surveillance under Section 702 of FISA, to suppress fruits or derivatives of electronic surveillance, to compel discovery, and for disclosure related to FISA amendments. He noted that he had provided classified versions of his opinion to the Classified Information Security Officer for service to the relevant agencies for classification review.

On September 11, 2018, an unclassified version of Judge Helmick's opinion on the government's classified, ex parte, in camera motion for a protective order was released. 339 F.Supp.3d 724. Although even the unclassified version of the opinion is heavily redacted, it shows Judge Helmick finding that the defendants' objections to an ex parte, in camera review of the government's Section 4 filing without merit because none of the government's surveillance had been deemed unlawful. He further noted that nothing he had seen in his review of the classified documents in this case suggested that the government was using CIPA to conceal unlawful surveillance techniques. Furthermore, although he acknowledged that he was "not in an optimal position to act as surrogate defense counsel," Judge Helmick maintained that he had sufficient knowledge of the case and the defendants' theories of the case to determine whether the government's Section 4 filings discussed information that would be relevant and helpful to the defense.

On September 11, 2018, Judge Helmick released an unclassified memorandum opinion denying the defendants' several motions regarding the government's FISA evidence. First, he denied the defendants' request for disclosure of the FISA materials because he concluded that the challenged FISA collection was lawful. Therefore, Judge Helmick believed that disclosure to the defendants was not necessary to make an accurate determination of the legality of the surveillance. He rejected the defendants' argument that disclosure of FISA materials are permitted to the extent that due process requires it; the Sixth Circuit had already rejected an argument similar to the defendants', holding that "FISA's requirement that the district court conduct an ex parte, in camera review of FISA materials does not deprive a defendant of due process." Second, Judge Helmick denied the defendants' motion for suppression of the evidence obtained or derived from FISA surveillance and physical searches because he found that the surveillance and searches were conducted in compliance with the FISC's orders, which had properly found the existence of probable cause.

Meanwhile, the government negotiated plea agreements with the remaining defendants. On April 11, 2018 the government filed informations in separate cases charging all three defendants with financing terrorism in violation of 18 U.S.C. § 2339C. All three defendants immediately pleaded guilty to the new charges. The case against Ibrahim Zubair Mohammad was docketed as 3:18-cr-165 and Asif Ahmed Salim and Sultane Roome Salim's cases were docketed as 3:18-cr-186. Judge Helmick continued to preside over the new cases. According to a DOJ press release the basis for these charges was providing money to the radical cleric Anwar Al-Awlaki, who was later killed by an American drone strike in Yemen.

All three were sentenced between November 9, 2018 and January 22, 2019. Ibrahim Zubair Mohammad and Sultane Roome Saslim received sentences of 60 months incarceration and Asif Ahmed Salim received a sentence of 72 months incarceration. At the sentencing, the government moved to dismiss the original 2015 charges cases against them the three defendants. Judge Helmick granted all these requests.

None of these defendants appealed their convictions or sentences and all their cases are presumably closed, though Sultane Roome Salime filed a motion for compassionate release in February of 2021.

Two years after his sentencing on September 9, 2019, Yahya Farooq Mohammad filed a notice of appeal to the United States Court of Appeals to the Sixth Circuit. That case was docketed as 19-3870. The Sixth Circuit denied Mohammed a certificate of appealability on August 11, 2020.

There has been no action in Mohammed's case since that date and it is presumably closed.

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Summary Authors

Lisa Limb (3/20/2019)

Jonah Hudson-Erdman (2/24/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4360616/parties/united-states-v-mohammad/

Judge(s)

Attorney for Plaintiff

Freeman, Michael (New York)

Georgalis, Christos N. (Ohio)

Attorney for Defendant

Boyk, Charles E. (Ohio)

Czarnecki, John (Ohio)

Durkin, Thomas Anthony (Illinois)

Judge(s)

Gilman, Ronald Lee (Tennessee)

Helmick, Jeffrey James (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Suhrheinrich, Richard Fred (Michigan)

Sutton, Jeffrey S. (Ohio)

Zouhary, Jack (Ohio)

Attorney for Plaintiff

Freeman, Michael (New York)

Georgalis, Christos N. (Ohio)

Georgalis_AUSA, Christos N. (Ohio)

Gonzalez, Gregory (District of Columbia)

Herdman, Justin E. (Ohio)

Morford, James L (Ohio)

Shepherd, Matthew W. (Ohio)

Smith, David C. (Kansas)

Attorney for Defendant

Boyk, Charles E. (Ohio)

Czarnecki, John (Ohio)

Durkin, Thomas Anthony (Illinois)

Kadri, Cherrefe A. (Ohio)

Klucas, David Lee (Ohio)

McElroy, Neil S. (Ohio)

Mohammad, Yahya Farooq (Ohio)

Moreno, Linda (Florida)

Salim, Asif Ahmed (Ohio)

Salim, Sultane Roome (Ohio)

Waters, Robin Valentine (Illinois)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:18-cr-00165	Docket [PACER] United States of America v. Mohammad	Feb. 15, 2019	Feb. 15, 2019 Docket
3:15-cr-00358	Docket [PACER]	Feb. 25, 2019	Feb. 25, 2019 Docket
3:16-cr-00222 3:19-00740 0:19-03870	Docket [16-cr-222 Mohammed Murder Docket] United States of America v. Mohammad	Aug. 13, 2020	Aug. 13, 2020 Docket
3:18-cr-00186 3:19-01554	Docket [PACER] United States of America v. Salim	Feb. 19, 2021	Feb. 19, 2021 Docket
1 3:15-cr-00358	Indictment	Sept. 30, 2015	Sept. 30, 2015 Other
27 3:15-cr-00358	Notice of Intent to Use Foreign Intelligence Surveillance Act Information	Dec. 21, 2015	Dec. 21, 2015 Pleading / Motion / Brief
1 3:16-cr-00222	Indictment (Case 3:16-cr-222)	July 6, 2016	July 6, 2016 Other
373 3:15-cr-00358	Classified Memorandum Opinion	March 21, 2018	March 21, 2018 Order/Opinion
1 3:18-cr-00165	Information [Mohammad]-Count One (Concealment of Financing of Terrorism) United States of America v. Mohammad	April 11, 2018	April 11, 2018 Other
1 3:18-cr-00186	Information [Salim]-Count One (Concealment of Financing Terrorism) United States of America v. Salim	April 12, 2018	April 12, 2018 Other

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4360616/united-states-v-mohammad/

Last updated Aug. 25, 2025, 12:12 a.m.

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ECF Number	Description	Date	Link Date / Link
1	UNSEALED INDICTMENT filed by USA as to Yahya Farooq Mohammad (1) count(s) 1, 2, 3, 4, Ibrahim Zubair Mohammad (2) count(s) 1, 2, 3, 4, Asif Ahmed Salim (3) count(s) 1, 2, 4, Sultane Roome Salim (4) count(s) 1, 2, 4. (Attachments: # 1 Designation Form and Signature Page) (H,SP) (Entered: 10/01/2015)	Sept. 30, 2015	Sept. 30, 2015 PACER
3	Motion to Seal Indictment filed by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (H,SP) (Entered: 10/01/2015)	Sept. 30, 2015	Sept. 30, 2015 PACER
4	Order granting USA's 3 Motion to Seal Indictment until the arrest of any defendant as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Magistrate Judge Nancy A. Vecchiarelli. (H,SP) (Entered: 10/01/2015)	Sept. 30, 2015	Sept. 30, 2015 PACER
	Random Assignment of Magistrate Judge pursuant to Local Criminal Rule 57.9. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp II. (H,SP)	Sept. 30, 2015	Sept. 30, 2015 PACER
1	UNSEALED INDICTMENT filed by USA as to Yahya Farooq Mohammad (1) count(s) 1, 2, 3, 4, Ibrahim Zubair Mohammad (2) count(s) 1, 2, 3, 4, Asif Ahmed Salim (3) count(s) 1, 2, 4, Sultane Roome Salim (4) count(s) 1, 2, 4. (Attachments: # 1 Designation Form and Signature Page) (H,SP) (Entered: 10/01/2015) 1 Restricted View on PACER	Sept. 30, 2015	Sept. 30, 2015 RECAP
3	Motion to Seal Indictment filed by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (H,SP) (Entered: 10/01/2015)	Sept. 30, 2015	Sept. 30, 2015 PACER
4	Order granting USA's 3 Motion to Seal Indictment until the arrest of any defendant as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Magistrate Judge Nancy A. Vecchiarelli. (H,SP) (Entered: 10/01/2015)	Sept. 30, 2015	Sept. 30, 2015 PACER
	Order [non-document] Referring Case to Magistrate Judge James R. Knepp, II as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) (M,L) Modified text on 10/16/2015 (M,L).	Oct. 15, 2015	Oct. 15, 2015 PACER
	Attorney update in case as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Attorney David C. Smith,Greg Gonzalez for United States of America added. (M,L)	Oct. 15, 2015	Oct. 15, 2015 PACER
5	Order to Unseal Case as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Magistrate Judge James R. Knepp, II on 11/5/15. (A,P) (Entered: 11/05/2015)	Nov. 5, 2015	Nov. 5, 2015 PACER
6	Order of Detention as to Sultane Roome Salim (4). Magistrate Judge James R. Knepp, II on 11/5/15. (A,P) (Entered: 11/05/2015)	Nov. 5, 2015	Nov. 5, 2015 PACER
	CJA 20 - Appointment	Nov. 5, 2015	Nov. 5, 2015 PACER
	Minutes of Arraignment [non-document] as to Sultane Roome Salim (4) Counts 1,2,4 held on 11/5/2015 before Magistrate Judge James R. Knepp, II. Matthew Shepherd, Christos Georgalis and Cherrefe Kadri present. Defendant executed financial affidavit but may retain counsel. Attorney Kadri is appointed conditionally to represent Defendant during arraignment and instructed to file financial affidavit if Defendant requests appointed counsel. NOT GUILTY plea entered as to Counts 1, 2 and 4. Pretrial Conference set for 12/22/2015 at 09:00 AM in Chambers 203 before Judge Jack Zouhary. The Court finds that the interest of justice served by granting this time outweigh the interest of the public and the defendant in obtaining a speedy trial such that the time is excluded from the Speedy Trial Act pursuant to 18 USC ยง3161(h). Government moves for detention and requests hearing. Defendant consents to detention at this time without prejudice. Defendant ordered detained. (Court Reporter: ECRO Jonathan Herr) Time: 25 minutes. (A,P)	Nov. 5, 2015	Nov. 5, 2015 PACER
	CJA 20 Appointment of Attorney Cherrefe A. Kadri for Sultane Roome Salim. Magistrate Judge James R. Knepp, II on 11/5/15. (A,P)	Nov. 5, 2015	Nov. 5, 2015 PACER
	Arrest of Sultane Roome Salim (4) on 11/5/15. (A,P)	Nov. 5, 2015	Nov. 5, 2015 PACER
5	Order to Unseal Case as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). Magistrate Judge James R. Knepp, II on 11/5/15. (A,P) (Entered: 11/05/2015)	Nov. 5, 2015	Nov. 5, 2015 PACER
6	Order of Detention as to Sultane Roome Salim (4). Magistrate Judge James R. Knepp, II on 11/5/15. (A,P) (Entered: 11/05/2015)	Nov. 5, 2015	Nov. 5, 2015 PACER
7	Arrest Warrant Returned Executed on 11/5/2015 in case as to Sultane Roome Salim (4). (M,L) (Entered: 11/06/2015)	Nov. 6, 2015	Nov. 6, 2015 PACER
7	Arrest Warrant Returned Executed on 11/5/2015 in case as to Sultane Roome Salim (4). (M,L) (Entered: 11/06/2015)	Nov. 6, 2015	Nov. 6, 2015 PACER
8	Rule 5(c)(3) Documents Received via e-mail from the Northern District of Texas (Fort Worth) as to Ibrahim Zubair Mohammad (2). (Attachments: # 1 Order Appointing Public Defender, # 2 Government's Motion for Pretrial Detention, # 3 Waiver of Rule 5(c) Hearings, # 4 Waiver of Rule 5(c) Hearing)(L,A) (Entered: 11/10/2015)	Nov. 10, 2015	Nov. 10, 2015 PACER
	Notice [non-document] of Detention Hearing as to Sultane Roome Salim (4) set for 11/23/2015 11:00 AM in Courtroom 312 before Magistrate Judge James R. Knepp II. Counsel to notify client. (A,P)	Nov. 19, 2015	Nov. 19, 2015 PACER
11	Receipt for Passport of Mehreen Sultan received on 11/23/2015, Receipt Number 120. (L,A) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
12	Receipt for Passport of F. S. received on 11/23/2015, Receipt Number 121. (L,A) Modified to redact on 11/24/2015 (M,L). (Attachment added on 11/25/2015: # 1 Redacted Passport Receipt) (M,L). (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
13	Receipt for Passport of Z. S. received on 11/23/2015, Receipt Number 122. (L,A) Modified to redact on 11/24/2015 (M,L). (Attachment added on 11/25/2015: # 1 Redacted Passport Receipt) (M,L). (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
14	Receipt for Passport of A. S. received on 11/23/2015, Receipt Number 123. (L,A) Modified to redact on 11/24/2015 (M,L). (Attachment added on 11/25/2015: # 1 Redacted Passport Receipt) (M,L). (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
15	CJA 23 Financial Affidavit by Sultane Roome Salim (4). Approved by Magistrate Judge James R. Knepp, II on 11/23/15. (A,P) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
24	Appearance Bond Entered as to Sultane Roome Salim (4) in amount of $500,000 secured. (Attachments: # 1 Redacted Conditions of Release, # 2 Appearance Bond Unredacted, # 3 Conditions of Release Unredacted)(A,P) (Entered: 12/03/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
	Minutes of Detention Hearing [non-document] as to Sultane Roome Salim (4) held on 11/23/2015 before Magistrate Judge James R. Knepp, II. Matthew Shepherd, Christos Georgalis and Cherrefe Kadri present. Defendant requests that Attorney Kadri be appointed through detention hearing and executes financial affidavit. Attorney Kadri appointed. Testimony offered: Mehreen Sultan and Shakila Salim. Arguments heard. Bond set at $500,000 property bond. Defendant shall not be released from custody until Pretrial Services have notified Court of their approval of custodian's residence. (Court Reporter: ECRO Jonathan Herr) Time: 1 hour 20 minutes. (A,P) Modified on 11/23/2015 (A,P).	Nov. 23, 2015	Nov. 23, 2015 PACER
10	Rule 5(c)(3) Documents Received as to Asif Ahmed Salim (3) (Attachments: # 1 Arrest Warrant EDVA, # 2 Minutes Rule 5 Hearing EDVA, # 3 Order Scheduling Detention Hearing EDVA, # 4 Minutes of Detention Hearing 11-17-2015 EDVA, # 5 Order of Temporary Detention EDVA, # 6 Minutes of Detention Hearing 11-19-2015 EDVA, # 7 Waiver of Rule 5 Hearing EDVA, # 8 Commitment to Another District EDVA)(M,L) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
11	Receipt for Passport of Mehreen Sultan received on 11/23/2015, Receipt Number 120. (L,A) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
12	Receipt for Passport of F. S. received on 11/23/2015, Receipt Number 121. (L,A) Modified to redact on 11/24/2015 (M,L). (Attachment added on 11/25/2015: # 1 Redacted Passport Receipt) (M,L). (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
13	Receipt for Passport of Z. S. received on 11/23/2015, Receipt Number 122. (L,A) Modified to redact on 11/24/2015 (M,L). (Attachment added on 11/25/2015: # 1 Redacted Passport Receipt) (M,L). (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
14	Receipt for Passport of A. S. received on 11/23/2015, Receipt Number 123. (L,A) Modified to redact on 11/24/2015 (M,L). (Attachment added on 11/25/2015: # 1 Redacted Passport Receipt) (M,L). (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
15	CJA 23 Financial Affidavit by Sultane Roome Salim (4). Approved by Magistrate Judge James R. Knepp, II on 11/23/15. (A,P) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
24	Appearance Bond Entered as to Sultane Roome Salim (4) in amount of $500,000 secured. (Attachments: # 1 Redacted Conditions of Release, # 2 Appearance Bond Unredacted, # 3 Conditions of Release Unredacted)(A,P) (Entered: 12/03/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
9	Rule 5(c)(3) Documents Received as to Yahya Farooq Mohammad (1) (Attachments: # 1 Arrest Warrant, # 2 Rule 5 Minutes EDVA, # 3 Order Scheduling Detention Hearing EDVA, # 4 Minutes of Detention Hearing 11-17-2015 EDVA, # 5 Order of Temporary Detention EDVA, # 6 Minutes of Detention Hearing 11-19-2015 EDVA, # 7 Waiver Rule 5 Hearing EDVA, # 8 Comittment to Another District EDVA)(M,L) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
16	CJA 23 Financial Affidavit by Yahya Farooq Mohammad (1). Approved by Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)	Nov. 25, 2015	Nov. 25, 2015 PACER
17	CJA 23 Financial Affidavit by Asif Ahmed Salim (3). Approved by Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)	Nov. 25, 2015	Nov. 25, 2015 PACER
18	Order of Detention as to Yahya Farooq Mohammad (1). Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)	Nov. 25, 2015	Nov. 25, 2015 PACER
19	Order of Detention as to Asif Ahmed Salim (3). Magistrate Judge James R. Knepp, II on 11/25/15. (A,P) (Entered: 11/25/2015)	Nov. 25, 2015	Nov. 25, 2015 RECAP
23	Arrest Warrant Returned Executed on 11/5/2015 in case as to Sultane Roome Salim (4). (H,SP) (Entered: 12/02/2015)	Dec. 1, 2015	Dec. 1, 2015 PACER
	Case as to Yahya Farooq Mohammad (1), Asif Ahmed Salim (3), Sultane Roome Salim (4) no longer referred to Judge Knepp. (A,P)	Dec. 1, 2015	Dec. 1, 2015 PACER
20	Order of Detention as to Ibrahim Zubair Mohammad (2). Magistrate Judge James R. Knepp, II on 12/1/15. (A,P) (Entered: 12/01/2015)	Dec. 1, 2015	Dec. 1, 2015 PACER
21	CJA 23 Financial Affidavit by Ibrahim Zubair Mohammad (2). Approved by Magistrate Judge James R. Knepp, II on 11/6/15. (A,P) (Entered: 12/01/2015)	Dec. 1, 2015	Dec. 1, 2015 PACER
22	Notice of Discovery Request as to Ibrahim Zubair Mohammad (2) (Klucas, David) (Entered: 12/01/2015)	Dec. 1, 2015	Dec. 1, 2015 PACER
23	Arrest Warrant Returned Executed on 11/5/2015 in case as to Sultane Roome Salim (4). (H,SP) (Entered: 12/02/2015)	Dec. 1, 2015	Dec. 1, 2015 PACER
25	Motion for attorney Linda Moreno to Appear Pro Hac Vice, Filing fee $120, receipt number 14660082565, filed by Asif Ahmed Salim (3). (Attachments: # 1 Certificate of Standing) (H,SP) (Entered: 12/15/2015)	Dec. 15, 2015	Dec. 15, 2015 PACER
26	Marginal Entry Order granting 25 Motion to Appear Pro Hac Vice by Linda Moreno for Defendant Asif Ahmed Salim (3). Local Rule Criminal 49.2(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 12/15/2015. (Attachments: # 1 ACTL Code of Conduct) (D,L) (Entered: 12/15/2015)	Dec. 15, 2015	Dec. 15, 2015 PACER
30	Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 12/21/2015)	Dec. 21, 2015	Dec. 21, 2015 PACER
27	Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Yahya Farooq Mohammad (1) (Shepherd, Matthew) (Entered: 12/21/2015)	Dec. 21, 2015	Dec. 21, 2015 PACER
28	Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Ibrahim Zubair Mohammad (2) (Shepherd, Matthew) (Entered: 12/21/2015)	Dec. 21, 2015	Dec. 21, 2015 PACER
29	Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Asif Ahmed Salim (3) (Shepherd, Matthew) (Entered: 12/21/2015)	Dec. 21, 2015	Dec. 21, 2015 PACER
30	Notice of Intent to Use Foreign Intelligence Surveillance Act Information as to Sultane Roome Salim (4) (Shepherd, Matthew) (Entered: 12/21/2015)	Dec. 21, 2015	Dec. 21, 2015 PACER
31	Order of Pretrial Conference as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on 12/22/2015. The Government will continue to provide discovery to Defendants. Further pretrial conference is set for Tuesday, March 1, 2016 at 9:15 AM. Counsel should notify this Court in advance whether they plan to attend in person or by telephone and whether their client will waive appearance. Time until 3/1/2016 is excluded from the Speedy Trial Act as noted in Order. Judge Jack Zouhary on 12/22/2015. (Court Reporter: Tracy Spore) (30 mins)(D,L) (Entered: 12/22/2015)	Dec. 22, 2015	Dec. 22, 2015 PACER
31	Order of Pretrial Conference as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on 12/22/2015. The Government will continue to provide discovery to Defendants. Further pretrial conference is set for Tuesday, March 1, 2016 at 9:15 AM. Counsel should notify this Court in advance whether they plan to attend in person or by telephone and whether their client will waive appearance. Time until 3/1/2016 is excluded from the Speedy Trial Act as noted in Order. Judge Jack Zouhary on 12/22/2015. (Court Reporter: Tracy Spore) (30 mins)(D,L) (Entered: 12/22/2015)	Dec. 22, 2015	Dec. 22, 2015 PACER
32	Notice of Appearance of Attorney - John Czarnecki appearing for Yahya Farooq Mohammad (1) (Czarnecki, John) (Entered: 12/23/2015)	Dec. 23, 2015	Dec. 23, 2015 PACER
33	Notice of Recording of Appearance Bond as to Sultane Roome Salim (4) (Kadri, Cherrefe) (Entered: 01/06/2016)	Jan. 6, 2016	Jan. 6, 2016 PACER
33	Notice of Recording of Appearance Bond as to Sultane Roome Salim (4) (Kadri, Cherrefe) (Entered: 01/06/2016)	Jan. 6, 2016	Jan. 6, 2016 PACER
34	First Motion for Bond /Application for Release on Bail by Asif Ahmed Salim (3). (Moreno, Linda) (Entered: 01/12/2016)	Jan. 12, 2016	Jan. 12, 2016 PACER
35	Response by United States of America in opposition to Defendant's First Motion for Bond /Application for Release on Bail 34 as to Asif Ahmed Salim (3) (Attachments: # 1 Exhibit 1 - Department of Treasury Press Center)(Shepherd, Matthew) (Entered: 01/20/2016)	Jan. 20, 2016	Jan. 20, 2016 RECAP
36	Motion for attorney Thomas Anthony Durkin to Appear Pro Hac Vice Filing fee $ 120, receipt number 0647-7444768, by Yahya Farooq Mohammad (1). (Attachments: # 1 Affidavit of Counsel, # 2 Exhibit Letter of Good Standing, # 3 Exhibit Certificate of Good Standing)(Durkin, Thomas) Modified text 1/21/2016 (C,KA). (Entered: 01/20/2016)	Jan. 20, 2016	Jan. 20, 2016 PACER
37	Marginal Entry Order granting 36 Motion to Appear Pro Hac Vice by Thomas A. Durkin for Defendant Yahya Farooq Mohammad (1). Local Rule Criminal 49.2(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 1/21/2016. (D,L) (Additional attachment(s) added on 1/21/2016: # 1 ACTL Code of Conduct) (D,L). (Entered: 01/21/2016)	Jan. 21, 2016	Jan. 21, 2016 PACER
38	Minutes of proceedings before Judge Jack Zouhary. Hearing on 34 Motion for Bond/Release as to Asif Ahmed Salim (3). Appearances: Defendant present with counsel Linda Moreno; Christos Georgalis for Government. Mark Miller and Jordon Spadafore for Pretrial Services. Defense counsel proffered on behalf of Farah Nizamuddin, Nikhat Nizamuddin, Shakila Salim, who were all present in Court. Testimony taken: James Smith. Defendant's Exhibit (employment records) admitted. Arguments heard. This Court takes this matter under advisement. Order to follow. (Court Reporter: Tracy McGurk)Time: 1 hour, 30 minutes. (D,L). (Additional attachment(s) added on 1/22/2016: # 1 Exhibit Employment Records) (D,L). (Entered: 01/21/2016)	Jan. 21, 2016	Jan. 21, 2016 PACER
39	Order of Detention as to Asif Ahmed Salim (3) denying 34 Defendant's Motion for Bond. See Order for details. Judge Jack Zouhary on 1/22/2016. (D,L) (Entered: 01/22/2016)	Jan. 22, 2016	Jan. 22, 2016 RECAP
42	Arrest Warrant returned executed on 02/05/2016 in case as to Sultane Roome Salim (4). (H,JD) (Entered: 02/05/2016)	Feb. 5, 2016	Feb. 5, 2016 PACER
43	Receipt for Passport of Sultane Roome Salim received on 02/05/2016, Receipt Number 127. (H,JD) (Additional attachment(s) added on 2/9/2016: # 1 PS40 form) (H,JD). (Entered: 02/05/2016)	Feb. 5, 2016	Feb. 5, 2016 PACER
	Minutes of proceedings [non-document] before Judge Jack Zouhary. Initial Appearance regarding Pretrial Release Violation held on 2/5/2016 as to Sultane Roome Salim (4). Appearances: Defendant present with counsel Cherrefe Kadri; Matt Shepherd for Government; Mark Miller for Pretrial Services. This matter is set for a violation hearing on Tuesday, 2/9/2016 at 1:30 PM in Courtroom 209 before Judge Jack Zouhary. Defendant remanded to the custody of the U.S. Marshal. (Court Reporter: Angela Nixon) Time: 30 minutes. (D,L)	Feb. 5, 2016	Feb. 5, 2016 PACER
	IMPORTANT: Notice [non-document] as to Sultane Roome Salim (4). Violation Hearing set for 2/5/2016 at 4:00 PM in Courtroom 209 before Judge Jack Zouhary. Counsel to report to Chambers at least 15 minutes prior to hearing.(D,L)	Feb. 5, 2016	Feb. 5, 2016 PACER
42	Arrest Warrant returned executed on 02/05/2016 in case as to Sultane Roome Salim (4). (H,JD) (Entered: 02/05/2016)	Feb. 5, 2016	Feb. 5, 2016 PACER
43	Receipt for Passport of Sultane Roome Salim received on 02/05/2016, Receipt Number 127. (H,JD) (Additional attachment(s) added on 2/9/2016: # 1 PS40 form) (H,JD). (Entered: 02/05/2016)	Feb. 5, 2016	Feb. 5, 2016 PACER
	Notice [non-document] as to Sultane Roome Salim (4). Violation Hearing set for 2/9/2015 at 1:30 PM vacated and reset for 2/19/2016 at 9:30 AM in Courtroom 209 before Judge Jack Zouhary. Counsel reminded to report to Chambers at least 15 minutes prior to hearing. (D,L)	Feb. 8, 2016	Feb. 8, 2016 PACER
46	Motion for Release from Custody by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 02/15/2016)	Feb. 15, 2016	Feb. 15, 2016 PACER
48	Subpoena Returned Executed as to Sultane Roome Salim (4); served upon Fifth Third Bank on 2/8/2016. (Kadri, Cherrefe) (Entered: 02/16/2016)	Feb. 16, 2016	Feb. 16, 2016 PACER
48	Subpoena Returned Executed as to Sultane Roome Salim (4); served upon Fifth Third Bank on 2/8/2016. (Kadri, Cherrefe) (Entered: 02/16/2016)	Feb. 16, 2016	Feb. 16, 2016 PACER
49	Supplement Memorandum in Support to 46 Defendant's Motion for Release from Custody as to Ibrahim Zubair Mohammad (2) (Klucas, David) Modified text and added linkage on 2/19/2016 (M,L). (Entered: 02/18/2016)	Feb. 18, 2016	Feb. 18, 2016 PACER
	Minutes of proceedings [non-document] before Judge Jack Zouhary. Hearing held on 2/19/2016 before Judge Jack Zouhary. Appearances: Defendant present with counsel Cherrefe Kadri; Matt Shepherd for Government; Mark Miller for Pretrial Services. Violation Hearing as to Sultane Roome Salim (4) continued to 2/23/2016 at 1:30 PM in Courtroom 209 before Judge Jack Zouhary. Counsel reminded to report to Chambers at least 15 minutes prior to hearing. Defendant remanded to the custody of the U.S. Marshal. (Court Reporter: Tracy McGurk) Time: 30 minutes. (D,L)	Feb. 19, 2016	Feb. 19, 2016 PACER
51	Order regarding Pretrial Release Violation as to Sultane Roome Salim (4). Record hearing held on 2/23/2016. The 1/29/2016 violation (deviating from approved path of travel) was dismissed for reasons stated on the record. Defendant admitted to the 1/15/2016 violation of his pretrial release (remaining in parking lot for 20-25 minutes, without authorization). This Court found Defendant in violation, admonished Defendant to continue to maintain complete adherence to all conditions of his release, and continued his bond. All original terms and conditions of release remain in effect, with the added conditions of active GPS monitoring and computer/internet restrictions. The U.S. Marshal is ordered to release Defendant immediately. Judge Jack Zouhary on 2/23/2016. (45 mins)(D,L) (Entered: 02/23/2016)	Feb. 23, 2016	Feb. 23, 2016 PACER
52	Amended Order Setting Conditions of Release as to Sultane Roome Salim (4). Judge Jack Zouhary on 2/23/2016. (D,L) (Entered: 02/23/2016)	Feb. 23, 2016	Feb. 23, 2016 PACER
50	Response by United States of America in opposition to 46 Defendant's Motion for Release from Custody as to Ibrahim Zubair Mohammad (2) (Shepherd, Matthew) (Entered: 02/23/2016)	Feb. 23, 2016	Feb. 23, 2016 PACER
51	Order regarding Pretrial Release Violation as to Sultane Roome Salim (4). Record hearing held on 2/23/2016. The 1/29/2016 violation (deviating from approved path of travel) was dismissed for reasons stated on the record. Defendant admitted to the 1/15/2016 violation of his pretrial release (remaining in parking lot for 20-25 minutes, without authorization). This Court found Defendant in violation, admonished Defendant to continue to maintain complete adherence to all conditions of his release, and continued his bond. All original terms and conditions of release remain in effect, with the added conditions of active GPS monitoring and computer/internet restrictions. The U.S. Marshal is ordered to release Defendant immediately. Judge Jack Zouhary on 2/23/2016. (45 mins)(D,L) (Entered: 02/23/2016)	Feb. 23, 2016	Feb. 23, 2016 PACER
52	Amended Order Setting Conditions of Release as to Sultane Roome Salim (4). Judge Jack Zouhary on 2/23/2016. (D,L) (Entered: 02/23/2016)	Feb. 23, 2016	Feb. 23, 2016 PACER
53	Motion for a Pretrial Conference Pursuant to 18 U.S.C. App. III (CIPA) Section 2 by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Shepherd, Matthew) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
53	Motion for a Pretrial Conference Pursuant to 18 U.S.C. App. III (CIPA) Section 2 by United States of America as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4). (Shepherd, Matthew) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
54	Arrest Warrant Returned Executed on 11/5/2015 in case as to Ibrahim Zubair Mohammad (2). (H,SP) (Entered: 03/01/2016)	Feb. 29, 2016	Feb. 29, 2016 RECAP
55	Arrest Warrant Returned Executed on 11/12/2015 in case as to Asif Ahmed Salim (3). (H,SP) (Entered: 03/01/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
56	Arrest Warrant Returned Executed on 11/12/2015 in case as to Yahya Farooq Mohammad (1). (H,SP) (Entered: 03/01/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
57	Order of Pretrial Conference as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on 3/1/2016. This Court grants 53 Government's Motion for a Pretrial Conference Pursuant to 18 U.S.C. App. III ยง 2 ("CIPA") and sets a conference for 5/4/2016 at 2:00 PM. All non-FISA Motions due by 5/9/2016; Responses due by 6/9/2016 or no later than 30 days after the filing of any Motion. Motion Hearing set for 6/28/2016 at 9:30 AM. All FISA Motions due by 6/1/2016; Responses due by 8/15/2016; Replies due by 9/30/2016. Firm Plea Deadline set for 11/15/2016 at 9:30 AM. Trial is set for January 2017, with a specific start date to be set in the future. This Court finds that the time period until 11/15/2016 is excluded from the Speedy Trial Act as noted in Order. Judge Jack Zouhary on 3/1/2016. (Court Reporter: Angela Nixon) (1 hr)(D,L) (Entered: 03/01/2016)	March 1, 2016	March 1, 2016 PACER
57	Order of Pretrial Conference as to Yahya Farooq Mohammad (1), Ibrahim Zubair Mohammad (2), Asif Ahmed Salim (3), Sultane Roome Salim (4) held on 3/1/2016. This Court grants 53 Government's Motion for a Pretrial Conference Pursuant to 18 U.S.C. App. III § 2 ("CIPA") and sets a conference for 5/4/2016 at 2:00 PM. All non-FISA Motions due by 5/9/2016; Responses due by 6/9/2016 or no later than 30 days after the filing of any Motion. Motion Hearing set for 6/28/2016 at 9:30 AM. All FISA Motions due by 6/1/2016; Responses due by 8/15/2016; Replies due by 9/30/2016. Firm Plea Deadline set for 11/15/2016 at 9:30 AM. Trial is set for January 2017, with a specific start date to be set in the future. This Court finds that the time period until 11/15/2016 is excluded from the Speedy Trial Act as noted in Order. Judge Jack Zouhary on 3/1/2016. (Court Reporter: Angela Nixon) (1 hr)(D,L) (Entered: 03/01/2016)	March 1, 2016	March 1, 2016 PACER
58	Minutes of proceedings [non-document] before Judge Jack Zouhary. Hearing on 46 Motion for Release from Custody as to Ibrahim Mohammad (2) held on 3/1/2016. Appearances: Defendant present with counsel David Klucas; Matthew Shepherd and Chris Georgalis for Government; Mark Miller for Pretrial Services. Testimony offered: Adbel Hasabelnaby; Omar Abu-Yasein; Rashid Jafri; Umaima Jafri. Defendant's Exhibits A-F admitted. Arguments heard. This Court takes this matter under advisement. Order to follow. (Court Reporter: Angela Nixon) Time: 2 hours, 45 minutes. (D,L). (Additional attachment(s) added on 3/2/2016: # 1 Exhibit A - Vogel Street Information, # 2 Exhibit B - Visa and Driver's License, # 3 Exhibit C - Citizenship Application, # 4 Exhibit D - Letters, # 5 Exhibit E - Umaima Birth Certificate, # 6 Exhibit F - Marriage Certificate) (D,L). Modified on 3/2/2016 (D,L). (Entered: 03/01/2016)	March 1, 2016	March 1, 2016 PACER
59	Order of Detention as to Ibrahim Zubair Mohammad (2). Defendant's Motion for Release from Custody 46 is denied. See Order for details. Judge Jack Zouhary on 3/3/2016. (D,L) (Entered: 03/03/2016)	March 3, 2016	March 3, 2016 PACER
60	WITHDRAWN PER ORDER 63 FILED ON 3/22/2016. Motion to Strike Surplusage by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified on 3/22/2016 to indicate incorrect case number appears on the pleading. Filer notified. (M,L). Modified on 3/22/2016 (D,L). (Entered: 03/18/2016)	March 18, 2016	March 18, 2016 PACER
61	WITHDRAWN PER ORDER 63 FILED ON 3/22/2016. Motion for Leave to File Motion for a Bill of Particulars by Ibrahim Zubair Mohammad (2). (Klucas, David) Modified on 3/22/2016 to indicate incorrect case number appears on the pleading. Filer notified. (M,L). Modified on 3/22/2016 (D,L). (Entered: 03/21/2016)	March 21, 2016	March 21, 2016 PACER
62	Motion to Withdraw Document 60 and 61 by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 03/22/2016)	March 22, 2016	March 22, 2016 PACER
63	Marginal Entry Order granting 62 Motion to Withdraw Document 60 and 61 as to Ibrahim Zubair Mohammad (2). Judge Jack Zouhary on 3/22/2016. (D,L) (Entered: 03/22/2016)	March 22, 2016	March 22, 2016 PACER
65	Motion to Strike Surplusage from Indictment by Ibrahim Zubair Mohammad (2). (Klucas, David) (Entered: 03/22/2016)	March 22, 2016	March 22, 2016 PACER
66	Notice of related case. Case is related to 3:16-CV-780 .(Morford, James) (Entered: 03/31/2016)	March 31, 2016	March 31, 2016 PACER
66	Notice of related case. Case is related to 3:16-CV-780 .(Morford, James) (Entered: 03/31/2016)	March 31, 2016	March 31, 2016 PACER
67	Bond	April 9, 2016	April 9, 2016 PACER
67	Renewed Motion for Bond Pretrial Release by Asif Ahmed Salim (3) . (Attachments: # 1 Affidavit of Farah Nizamuddin, # 2 Affidavit of Nikhat Nizamuddin, # 3 Employment Documents)(Moreno, Linda) Modified text on 4/11/2016: Affidavits are unsigned. Filer notified. Affidavits to be refiled. (M,L). Modified to remove incorrect defendants on 4/14/2016 (M,L). (Entered: 04/09/2016)	April 9, 2016	April 9, 2016 PACER
69	Response by United States of America in opposition to Renewed Motion for Bond Pretrial Release 67 as to Asif Ahmed Salim (3) (Shepherd, Matthew) (Entered: 04/21/2016)	April 21, 2016	April 21, 2016 RECAP

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Case Details

State / Territory: Ohio

Case Type(s):

National Security

Special Collection(s):

Criminal cases challenging FISA surveillance

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2015

Closing Date: Jan. 22, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

This is a criminal case brought by the U.S. government against four defendants charged with providing and attempting to provide material support and resources to a foreign terrorist organization, bank fraud, and obstruction of justice. The defendants were subject to surveillance under FISA.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Yahya Farooq Mohammad, Private Entity/Person

Ibrahim Zubair Mohammad, Private Entity/Person

Asif Ahmed Salim, Private Entity/Person

Sultane Roome Salim, Private Entity/Person

Case Details