Base de données Jurisprudence

Participation à un groupe organisé

Infractions

• Entente en vue de commettre une infraction grave

Degré d’implication

• Acte manifeste commis en vertu d’une entente

Trafic de biens culturels

Infractions

• Exportation/importation illicites

Mots-clefs

• Vol
• Exportation/importation illicites
• Certificats d’importation/d’exportation
• Enchères/ventes (y compris sur Internet)
• Saisie et confiscation

Entrave au bon fonctionnement de la justice

Secteurs

• Agents publics

Objectif

• Fait d’empêcher un agent de la justice ou un agent des services de détection et de répression d’exercer les devoirs de sa charge

Cybercriminalité

Actes relatifs à l'informatique pour le gain personnel ou financier

• Fraude
• Contrefaçon

United States of America v. Khan, No. 17-4301 (4th Cir. Apr. 4, 2018)

Résumé des faits

This case involves several offences, including conspiracy, smuggling cultural property into the U.S., obstruction of justice, and citizenship and naturalization fraud, committed by the defendant Ijaz Khan with the assistance of several co-conspirators. In 2002, the co-conspirator Vera Lautt travelled to Pakistan to meet Ijaz Khan, whom she had met online, and to sign marriage documents. Subsequently, they both submitted fraudulent documents to the U.S. Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS), facilitating the immigration and later naturalization of Ijaz Khan. The defendant Ijaz Khan was, however, still married to a Pakistani woman, with whom he had and continued to have children, at the time of and after signing the marriage documents. According to the indictment, Ijaz Khan used his citizenship to enable the immigration and later naturalization of his four oldest sons. He divorced Lautt before the children had arrived in the United States. He further filed or assisted with petitions on behalf of his brother, Ibar Khan, his Pakistani wife, his mother, and another two children.

Following his immigration from approximately 2007 until May 2014, Ijaz and Fahad Khan, together with others, conspired to smuggle cultural artifacts (e.g., coins, pottery, arrowheads and bronze weapons) that were stolen from burial sites from Pakistan into the United States. The defendant used his company, Indus Valley, to sell the stolen cultural artifacts to his existing customer base, in person at shows, and online (on websites and auction sites, like eBay).

In October 2013, a shipment was inspected and seized by U.S. Customs and Border Protection (CBP). Subsequently, Ijaz and Fahad Khan, together with their co-conspirator John Bryan McNamara, conspired to submit fraudulent documents purporting to be from the Pakistan government authorizing his export of the cultural artifacts and certifying the value of objects. McNamara had previously pleaded guilty to smuggling the artifacts into the U.S. and making false statements to special agents when interrogated about this shipment.

The defendant was identified as the leader and organizer of an organized criminal group made up of family members (e.g., wife and sons) and others who were not related to the defendant (e.g., McNamara). He played a central role in planning and operations, recruitment of accomplices, and controlled and exercised authority over others in the group. Because of his central leadership role, he received a sentencing enhancement, which he unsuccessfully appealed. The defendant pleaded guilty and was sentenced to three years’ imprisonment, a fine of approximately USD 115,000, and was required to forfeit more than 1,300 cultural artifacts. The defendant unsuccessfully appealed his conviction and sentence to the U.S. Court of Appeals for the Fourth Circuit.

Others in the organized criminal group pleaded guilty and were also sentenced for their roles in the conspiracy to commit smuggling, including Vera Lautt and John Bryan McNamara, who received four months’ imprisonment (and two years’ supervised release from prison) and two years of probation, respectively.

Commentaire / Faits marquants

This case is significant for its cyber aspect of trafficking in cultural property. The trafficking of cultural property threatens cultural heritage and the identity of peoples by targeting items of particular importance for several aspects of society, including literature, history, art, religion, and science. The trafficking via the Internet has expanded the potential customer base and hence the potential profit for organized criminal groups engaged in such trafficking activities, which puts cultural property at a higher risk than ever before. This fact has also been recognized by the General Assembly by expressing concern that cultural property is “increasingly being sold through all kinds of markets, inter alia, in auctions, in particular over the Internet” in its resolution A/RES/69/196. The case demonstrates how trafficking of cultural property will evolve and how important effective border control is in tackling this form of organized crime.

Date de la peine:
2018-04-04

Questions transversales

Commission d’une infraction

Détails

• Impliqué dans un groupe criminel organisé (Article 2(a) CTOC)
• Produite dans un (ou plusieurs) des frontières internationales (transnational)

Pays concernés

Pakistan

États-Unis d'Amérique

Responsabilité

Responsabilité pour

• Infraction consommée

Responsabilité fondée sur

• Intention criminelle

Responsabilité impliquant

• Auteur principal (d’une infraction)

enquête

Organismes concernés

• U.S. Customs and Border Protection
• U.S. Immigration and Customs Enforcement (Homeland Security Investigations) (ICE-HSI)

La confiscation et la saisie de

• Biens, matériels ou autres instruments

Confiscation et saisie

Observations

In October 2013, the shipment of Pakistani artifacts was seized by CBP. In addition, Ijaz Khan was ordered to forfeit 1,300 artifacts following his conviction.

 

Informations sur la procédure

Système juridique:
Droit commun
Décision judiciaire la plus récente:
Juridiction d’appel
Type d'Action Juridique:
Criminel / pénal
Les accusés ont été jugés:
séparément (procès parallèles)
 
 
Procédure #1:
  • Étape:
    premier jugement
  • Numéro de dossier officiel:
    United States of America v. Khan, No. 1:16-cr-130 (E.D. Va. May 5, 2017)
  • Tribunal

    • Criminel / pénal

    Titre

    U.S. District for the Eastern District of Virginia

     

    Location

  • Ville:
    Richmond
  • Province:
    Virginia
  • Description

    The defendant Ijaz Khan was convicted of all 18 counts of his indictment, which charged him with citizenship and naturalization fraud and conspiracy (Counts 1-11), misuse of evidence of citizenship or naturalization (Count 12), smuggling goods into the United States and conspiracy (Counts 13 and 14), mail fraud (Counts 15 and 16), and obstruction of an official proceeding and conspiracy (Counts 17 and 18). He was sentenced to three years in prison and ordered to forfeit 1,300 artifacts as well as pay USD 115,000. The court further ordered the revocation of the defendant’s U.S. citizenship, which he obtained through fraud.

     
    Date de décisions:
    Fri May 05 00:00:00 CEST 2017
    Procédure #2:
  • Étape:
    appel
  • Numéro de dossier officiel:
    United States of America v. Khan, No. 17-4301 (4th Cir. Apr. 4, 2018)
  • Tribunal

    • Criminel / pénal

    Titre

    U.S. Court of Appeals for the Fourth Circuit

     

    Location

  • Ville:
    Richmond
  • Province:
    Virginia
  • Description

    The defendant appealed against the decision of the district court, challenging the sufficiency of the evidence regarding Counts 1-11, charging him with citizenship and naturalization fraud and conspiracy, and Count 17, charging him with conspiracy to obstruct an official proceeding. The Court reviewed the evidence presented at the lower court and found the evidence sufficient. The Court affirmed the conviction and sentence.

     
    Date de décisions:
    Wed Apr 04 00:00:00 CEST 2018

    Défendeurs / Répondants de la première instance

    Prévenu:
    Ijaz Khan
    Sexe:
    Homme
    Nationalité:
    Américain
    Ancienneté:
    42

    Accusations / Demandes d’indemnité / Décisions

    Prévenu:
    Ijaz Khan
    Législation/Code:

    18 U.S.C. § 371

    Détails de charges:

    Conspiracy to commit offense or to defraud United States (three counts)

    The defendant was charged with conspiracy to procure citizenship or naturalization unlawfully, conspiracy to smuggle goods into the United States, and conspiracy to obstruct an official proceeding.

    Verdict:
    Guilty
    Législation/Code:

    18 U.S.C. § 1425

    Détails de charges:

    Procurement of citizenship or naturalization unlawfully (ten counts)

    Verdict:
    Guilty
    Législation/Code:

    18 U.S.C. § 1423

    Détails de charges:

    Misuse of evidence of citizenship or naturalization

    Verdict:
    Guilty
    Législation/Code:

    18 U.S.C. § 545

    Détails de charges:

    Smuggling goods into the United States

    Verdict:
    Guilty
    Législation/Code:

    18 U.S.C. § 1341

    Détails de charges:

    Mail fraud (two counts)

    Verdict:
    Guilty
    Législation/Code:

    18 U.S.C. § 1512

    Détails de charges:

    Tampering with a witness, victim, or an informant

    Verdict:
    Guilty
    Peine de prison:
    3 ans
    Amende / Paiement à l’État:
    115000  USD 

    In addition to the prison sentence and the payment, the forfeiture of 1,300 artifacts and revocation of the defendant's U.S. citizenship were ordered. 

    Tribunal

    U.S. Court of Appeals for the Fourth Circuit

    Sources / citations

    United States of America v. Khan, No. 17-4301 (4th Cir. Apr. 4, 2018)

    U.S. Attorney’s Office, Eastern District of Virginia, "Three Indicted for Smuggling Artifacts into U.S. and Citizenship Fraud," 27 May 2016.

    U.S. Attorney’s Office, Eastern District of Virginia, "Man Sentenced for Smuggling Artifacts from Pakistan into United States," 5 May 2017.