判例法数据库

腐败

定罪和执法

• 贿赂本国公职人员

毒品犯罪

犯罪

• 种植/ 生产/ 制造
• 购买/ 拥有
• 分销/ 交付/ 发货/ 运输

所涉物质

• heroin
• methamphetamine
• methaqualone

关键词

• 非法贩运
• 贸易和分销犯罪
• 为生产、进出口或贩运而拥有的犯罪行为
• 制造、运输或分销设备、材料或前体的犯罪行为
• 拥有设备、材料或前体的犯罪行为
• 组织、管理和资助毒品贩运

妨害司法

为了

• 妨碍司法或执法官员行使公务

关键词

• 腐败手段

参与有组织集团

犯罪

• 约定实施严重犯罪(共谋)
• 参加有组织犯罪集团的犯罪活动
• 组织、指挥、协助、教唆、便利或参谋实施涉及有组织犯罪集团的犯罪

参与程度

• 知悉有组织犯罪集团的目的或活动或其实施有关犯罪的意图
• 为进一步完成约定的明显行为

关键词

• 共谋
• 组织/指导实施(严重)犯罪
• 协助/ 教唆/ 便利/ 参谋实施(严重)犯罪
• 为进一步完成约定的明显行为

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

事实梗概

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.

判决日期:
2020-01-10

交叉问题

责任

... 为了

• 既遂犯罪

... 根据

• 犯罪意图

... 作为涉及方

• 主犯

犯罪

详情

• 捲入到有组织犯罪集团 (第 2 条(a) CTOC)
• 發生跨一個(或多個)國際邊界(跨國)

侦查

所涉机构

• 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)

特殊偵查手段

• 特殊偵查手段
• 暗中活动/假冒身份/渗透

国际合作

所涉国家

美利坚合众国

肯尼亚

措施

• 国际执法合作(包括国际刑警组织)

概览

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

 

程序步骤

法律制度:
习惯法
最新的法院:
初审法院
诉讼类型:
刑事的
被告人的审讯:
与同案其他被告一同处理(合并审讯)
 
 
诉讼 #1:
  • 阶段:
    初审
  • 官方案件编号:
    United States of America v. Baktash Akasha Abdalla, et al. Defendants, No. 1:14-CR-00716-VM (S.D.N.Y. Jan. 10, 2020)
  • 裁决日期:
    Fri Jan 10 00:00:00 CET 2020

    法院

    法院名称

    United States District Court for the Southern District of New York

     

    地点

  • 城市/城镇:
    New York City
  • 省:
    New York
  • • 刑事的

    说明

    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.

     

    被告/ 初审被申请人

    其他被告人的数目:
    5
    被告:
    Baktash Akasha Abdalla
    性别:
    国籍:
    年龄:
    43
    被告:
    Ibrahim Akasha Abdalla
    性别:
    国籍:
    年龄:
    31
    被告:
    Gulam Hussein
    性别:
    国籍:
    被告:
    Vijaygiri Anandgiri Goswami
    性别:
    国籍:
    被告:
    Muhammad Asif Hafeez
    性别:

    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.

    指控/索赔/裁决

    被告:
    Baktash Akasha Abdalla
    立法/法规/法典:

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

    指控详情:

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

    陪审团裁决:
    Guilty
    立法/法规/法典:

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

    指控详情:

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

    陪审团裁决:
    Guilty
    立法/法规/法典:

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

    指控详情:

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

    陪审团裁决:
    Guilty
    立法/法规/法典:

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

    指控详情:

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

    陪审团裁决:
    Guilty
    立法/法规/法典:

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

    指控详情:

    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.

    陪审团裁决:
    Guilty
    立法/法规/法典:

    18 U.S.C. § 1512(c)(2)

    指控详情:

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

    陪审团裁决:
    Guilty
    监禁期:
    25 岁
    罚金/向国家付款:
    100000  USD 
    被告:
    Ibrahim Akasha Abdalla
    立法/法规/法典:

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

    指控详情:

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

    陪审团裁决:
    Guilty
    立法/法规/法典:

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

    指控详情:

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

    陪审团裁决:
    Guilty
    立法/法规/法典:

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

    指控详情:

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

    陪审团裁决:
    Guilty
    立法/法规/法典:

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

    指控详情:

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

    陪审团裁决:
    Guilty
    立法/法规/法典:

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

    指控详情:

    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.

    陪审团裁决:
    Guilty
    立法/法规/法典:

    18 U.S.C. § 1512(c)(2)

    指控详情:

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

    陪审团裁决:
    Guilty
    监禁期:
    23 岁
    被告:
    Gulam Hussein
    立法/法规/法典:

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

    指控详情:

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

    结论:

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

    立法/法规/法典:

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

    指控详情:

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

    结论:

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

    立法/法规/法典:

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

    指控详情:

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

    结论:

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

    立法/法规/法典:

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

    指控详情:

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

    结论:

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

    立法/法规/法典:

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

    指控详情:

    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.

    结论:

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

    立法/法规/法典:

    18 U.S.C. § 1512(c)(2)

    指控详情:

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

    结论:

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

    被告:
    Vijaygiri Anandgiri Goswami
    立法/法规/法典:

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

    指控详情:

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

    结论:

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

    立法/法规/法典:

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

    指控详情:

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

    结论:

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

    立法/法规/法典:

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

    指控详情:

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

    结论:

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

    立法/法规/法典:

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

    指控详情:

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

    结论:

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

    立法/法规/法典:

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

    指控详情:

    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.

    结论:

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

    立法/法规/法典:

    18 U.S.C. § 1512(c)(2)

    指控详情:

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

    结论:

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

    被告:
    Muhammad Asif Hafeez
    立法/法规/法典:

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

    指控详情:

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

    结论:

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

    立法/法规/法典:

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

    指控详情:

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

    结论:

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

    立法/法规/法典:

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

    指控详情:

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

    结论:

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

    立法/法规/法典:

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

    指控详情:

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

    结论:

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

    立法/法规/法典:

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

    指控详情:

    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.

    结论:

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

    立法/法规/法典:

    18 U.S.C. § 1512(c)(2)

    指控详情:

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

    结论:

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

    法院

    United States District Court for the Southern District of New York