Case Law Database

Corruption

Criminalisation and law enforcement

• Bribery of national public officials

Drug offences

Offences

• Cultivation/ production/ manufacture
• Purchase/ possession
• Distribution/ delivery/ dispatch/ transport

Substances Involved

• heroin
• methamphetamine
• methaqualone

Keywords

• Illicit traffic(king)(-offence)
• Trade and Distribution Offences
• Offence of possession for the purpose of production, export, import or trafficking
• Manufacture, transport or distribution of equipment, materials or precursors offences
• Offence of possession of Equipment, materials or Precursors
• Organisation, Management and Financing of Drug Trafficking

Obstruction of Justice

In Order To

• Interfere with the exercise of official duties by a justice or law enforcement official

Keywords

• Corrupt means

Participation in an organized criminal group

Offences

• Agreement to commit a serious crime (conspiracy)
• Participation in criminal activities of organized criminal group
• Organizing, directing, aiding, abetting, facilitating or counselling the commission of a crime involving an organized criminal group

Degree of Involvement

• Knowledge of aim or activities of the organized criminal group or its intention to commit the crimes in question
• Overt act in furtherance of agreement

Keywords

• conspiracy
• organizing/directing commission of (serious) crime
• Aiding/ abetting/ facilitating/ counselling commission of (serious) crime
• Overt act in furtherance of agreement

United States of America v. Baktash Akasha Abdalla, et al. Defendants, No. 1:14-CR-00716-VM (S.D.N.Y. Jan. 10, 2020)

Fact Summary

Baktash Akasha Abdalla and his brother, Ibrahim Akasha Abdalla, were the leader and deputy of a sophisticated international drug trafficking network, responsible for tonnes of narcotics shipments throughout the world. For over twenty years, they manufactured and distributed drugs and engaged in acts of violence toward those who posed a threat to their enterprise. When the brothers encountered legal interference, they bribed Kenyan officials—including judges, prosecutors, and police officers—to avoid extradition to the United States.

The brothers, along with two associates, were arrested in Mombasa, Kenya by Kenyan Anti-Narcotics Unit officers in 2014, after providing 99 kilograms of heroin and two kilograms of methamphetamine to confidential sources posing as representatives of a South American drug cartel at the direction of the US Drug Enforcement Administration (DEA). Following the arrests and pending extradition proceedings, the Akasha brothers continued criminal operations, using profits to bribe Kenyan officials. 

Their bribery scheme was frustrated in 2017 when the brothers were expelled from Kenya, and DEA agents took them to the United States for prosecution. The DEA praised the work of its Kenyan law enforcement counterparts and the government of Kenya.

On October 24, 2018, Baktash and Ibrahim Akasha pled guilty in a United States Federal Court to conspiring to import and importing heroin and methamphetamine, conspiring to use and carry machine guns and destructive devices in connection with their drug-trafficking crimes, and obstructing justice. In August 2019, Baktash was convicted to 25 years in prison. In January 2020, his brother Ibrahim received a sentence of 23 years in prison.

Sentence Date:
2020-01-10

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Investigation Procedure

Involved Agencies

• Drug Enforcement Administration (United States of America)
• U.S. Department of Justice (United States of America)
• Directorate of Criminal Investigations (Kenya)
• Director of Public Prosecutions (Kenya)
• Kenya Police Service (Kenya)

Special investigative techniques

• Special investigative techniques
• Undercover operation(s)/ Assumed identities/ Infiltration

International Cooperation

Involved Countries

United States of America

Kenya

Measures

• International law enforcement cooperation (including INTERPOL)

Outline

The cooperation measures entailed a covert operation under the direction of the U.S. Drug Enforcement Administration (DEA).

 

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
Accused were tried:
together (single trial)
 
 
Proceeding #1:
  • Stage:
    first trial
  • Official Case Reference:
    United States of America v. Baktash Akasha Abdalla, et al. Defendants, No. 1:14-CR-00716-VM (S.D.N.Y. Jan. 10, 2020)
  • Decision Date:
    Fri Jan 10 00:00:00 CET 2020

    Court

    Court Title

    United States District Court for the Southern District of New York

     

    Location

  • City/Town:
    New York City
  • Province:
    New York
  • • Criminal

    Description

    The defendants Baktash Akasha Abdalla and Ibrahim Akasha Abdalla filed motions to compel the US government to produce documents in relation to their extradition, contended a violation of the extradition treaty between Kenya and the United States and contested the jurisdiction of the court. The claims were dismissed by the court. In October 2018, the Akasha brotheres, Baktash Akasha Abdalla and Ibrahim Akasha Abdalla, entered a guilty plea. The first was sentenced on 16 August 2019, the latter on 10 January 2020.

     

    Defendants / Respondents in the first instance

    Number of other accused:
    5
    Defendant:
    Baktash Akasha Abdalla
    Gender:
    Male
    Nationality:
    Kenyan
    Age:
    43
    Defendant:
    Ibrahim Akasha Abdalla
    Gender:
    Male
    Nationality:
    Kenyan
    Age:
    31
    Defendant:
    Gulam Hussein
    Gender:
    Male
    Nationality:
    Pakistani
    Defendant:
    Vijaygiri Anandgiri Goswami
    Gender:
    Male
    Nationality:
    Indian
    Defendant:
    Muhammad Asif Hafeez
    Gender:
    Male

    Hafeez was provisionally arrested in London in August 2017, and the United States has requested his extradition from the United Kingdom. Further information about extradition proceedings against him was not available at the time of writing.

    Charges / Claims / Decisions

    Defendant:
    Baktash Akasha Abdalla
    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 963, 959(a), 960(a)(3), and 960(b)(1)(A)

    Charge details:

    Conspiring to manufacture and distribute heroin, knowing and intending that it would be imported into the United States

    Verdict:
    Guilty
    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 963, 959(a), 960(a)(3), and 960(b)(1)(H)

    Charge details:

    Conspiring to manufacture and distribute methamphetamine, knowing and intending that it would be imported into the United States.

    Verdict:
    Guilty
    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 959(a), 960(a)(3), and 960(b)(1)(A)

    Charge details:

    Distributing and aiding and abetting the distribution of heroin, knowing and intending that it would be imported into the United States.

    Verdict:
    Guilty
    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 959(a), 960(a)(3), and 960(b)(1)(H)

    Charge details:

    Distributing and aiding and abetting the distribution of methamphetamine, knowing and intending that it would be imported into the United States.

    Verdict:
    Guilty
    Legislation / Statute / Code:

    18 U.S.C. §§ 924(o), 924(c)(1)(A)(i), and 924(c)(1)(B)(ii)

    Charge details:

    Conspiring to use and carry firearms during and in relation to the offenses charged in Counts One through Four; and using, carrying, and brandishing a firearm during and in relation to the offenses charged in Counts One through Four and possessing and brandishing firearms in furtherance of the same offenses.

    Verdict:
    Guilty
    Legislation / Statute / Code:

    18 U.S.C. § 1512(c)(2)

    Charge details:

    Conspiring to obstruct, influence, and impede an official proceeding.

    Verdict:
    Guilty
    Term of Imprisonment:
    25 years
    Fine / Payment to State:
    100000  USD 
    Defendant:
    Ibrahim Akasha Abdalla
    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 963, 959(a), 960(a)(3), and 960(b)(1)(A)

    Charge details:

    Conspiring to manufacture and distribute heroin, knowing and intending that it would be imported into the United States.

    Verdict:
    Guilty
    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 963, 959(a), 960(a)(3), and 960(b)(1)(H)

    Charge details:

    Conspiring to manufacture and distribute methamphetamine, knowing and intending that it would be imported into the United States.

    Verdict:
    Guilty
    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 959(a), 960(a)(3), and 960(b)(1)(A)

    Charge details:

    Distributing and aiding and abetting the distribution of heroin, knowing and intending that it would be imported into the United States.

    Verdict:
    Guilty
    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 959(a), 960(a)(3), and 960(b)(1)(H)

    Charge details:

    Distributing and aiding and abetting the distribution of methamphetamine, knowing and intending that it would be imported into the United States.

    Verdict:
    Guilty
    Legislation / Statute / Code:

    18 U.S.C. §§ 924(o), 924(c)(1)(A)(i), and 924(c)(1)(B)(ii)

    Charge details:

    Conspiring to use and carry firearms during and in relation to the offenses charged in Counts One through Four; and using, carrying, and brandishing a firearm during and in relation to the offenses charged in Counts One through Four and possessing and brandishing firearms in furtherance of the same offenses.

    Verdict:
    Guilty
    Legislation / Statute / Code:

    18 U.S.C. § 1512(c)(2)

    Charge details:

    Conspiring to obstruct, influence, and impede an official proceeding.

    Verdict:
    Guilty
    Term of Imprisonment:
    23 years
    Defendant:
    Gulam Hussein
    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 963, 959(a), 960(a)(3), and 960(b)(1)(A)

    Charge details:

    Conspiring to manufacture and distribute heroin, knowing and intending that it would be imported into the United States.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 963, 959(a), 960(a)(3), and 960(b)(1)(H)

    Charge details:

    Conspiring to manufacture and distribute methamphetamine, knowing and intending that it would be imported into the United States.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 959(a), 960(a)(3), and 960(b)(1)(A)

    Charge details:

    Distributing and aiding and abetting the distribution of heroin, knowing and intending that it would be imported into the United States.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 959(a), 960(a)(3), and 960(b)(1)(H)

    Charge details:

    Distributing and aiding and abetting the distribution of methamphetamine, knowing and intending that it would be imported into the United States.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    18 U.S.C. §§ 924(o), 924(c)(1)(A)(i), and 924(c)(1)(B)(ii)

    Charge details:

    Conspiring to use and carry firearms during and in relation to the offenses charged in Counts One through Four; and using, carrying, and brandishing a firearm during and in relation to the offenses charged in Counts One through Four and possessing and brandishing firearms in furtherance of the same offenses.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    18 U.S.C. § 1512(c)(2)

    Charge details:

    Conspiring to obstruct, influence, and impede an official proceeding.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Defendant:
    Vijaygiri Anandgiri Goswami
    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 963, 959(a), 960(a)(3), and 960(b)(1)(A)

    Charge details:

    Conspiring to manufacture and distribute heroin, knowing and intending that it would be imported into the United States.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 963, 959(a), 960(a)(3), and 960(b)(1)(H)

    Charge details:

    Conspiring to manufacture and distribute methamphetamine, knowing and intending that it would be imported into the United States.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 959(a), 960(a)(3), and 960(b)(1)(A)

    Charge details:

    Distributing and aiding and abetting the distribution of heroin, knowing and intending that it would be imported into the United States.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 959(a), 960(a)(3), and 960(b)(1)(H)

    Charge details:

    Distributing and aiding and abetting the distribution of methamphetamine, knowing and intending that it would be imported into the United States.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    18 U.S.C. §§ 924(o), 924(c)(1)(A)(i), and 924(c)(1)(B)(ii)

    Charge details:

    Conspiring to use and carry firearms during and in relation to the offenses charged in Counts One through Four; and using, carrying, and brandishing a firearm during and in relation to the offenses charged in Counts One through Four and possessing and brandishing firearms in furtherance of the same offenses.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    18 U.S.C. § 1512(c)(2)

    Charge details:

    Conspiring to obstruct, influence, and impede an official proceeding.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Defendant:
    Muhammad Asif Hafeez
    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 963, 959(a), 960(a)(3), and 960(b)(1)(A)

    Charge details:

    Conspiring to manufacture and distribute heroin, knowing and intending that it would be imported into the United States.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 963, 959(a), 960(a)(3), and 960(b)(1)(H)

    Charge details:

    Conspiring to manufacture and distribute methamphetamine, knowing and intending that it would be imported into the United States.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 959(a), 960(a)(3), and 960(b)(1)(A)

    Charge details:

    Distributing and aiding and abetting the distribution of heroin, knowing and intending that it would be imported into the United States.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    21 U.S.C. §§ 812, 959(a), 960(a)(3), and 960(b)(1)(H)

    Charge details:

    Distributing and aiding and abetting the distribution of methamphetamine, knowing and intending that it would be imported into the United States.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    18 U.S.C. §§ 924(o), 924(c)(1)(A)(i), and 924(c)(1)(B)(ii)

    Charge details:

    Conspiring to use and carry firearms during and in relation to the offenses charged in Counts One through Four; and using, carrying, and brandishing a firearm during and in relation to the offenses charged in Counts One through Four and possessing and brandishing firearms in furtherance of the same offenses.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Legislation / Statute / Code:

    18 U.S.C. § 1512(c)(2)

    Charge details:

    Conspiring to obstruct, influence, and impede an official proceeding.

    Finding:

    No information was available on whether the defendant was found guilty of his charge at the time of writing.

    Court

    United States District Court for the Southern District of New York

    Sources / Citations