Ice cream man guilty
by Brian Whitaker
Originally published in Middle East
International, 30 September 2005
A Yemeni immigrant to the United States is
facing up to 15 years in jail after being convicted of
operating an illegal money-transfer business. Last week, a
jury in New York found Abad Elfgeeh guilty of sending almost
$22 million overseas from his tiny ice cream shop in Brooklyn.
Fifty-year-old Elfgeeh, described by his
lawyers as a pillar of the city's Yemeni community, appears to
have become a casualty of the American crackdown on terrorist
funding.
His financial activities came to light
during a controversial "sting" operation against the
Yemeni Sheikh, Mohammed al-Moayad who was lured from Sana'a to
Germany and then extradited to the US, where he is now serving
a 75-year sentence for supporting and conspiring to support
terrorism [see previous report].
Witnesses at Moayad's trial said the
sheikh had told undercover investigators that Elfgeeh was a
trustworthy person for sending money from the US to Yemen.
They also said the sheikh had Elfgeeh's phone number in his
address book.
Prosecution documents in Elfgeeh's case
initially portrayed him as a vital link in a chain that sent
millions of dollars to Usama bin Laden, al-Qaeda and Hamas,
but these claims were later dropped. A report by the US
Probation Department played down any terrorism connections,
saying there appeared to be "little, if any, evidence to
suggest that Elfgeeh had any role in financing terrorism or
any knowledge that money he was transmitting was used to
finance terrorism".
In court, Elfgeeh's defence lawyers
maintained that his money-transfer activities did not break
the law because they were a non-profit community service
rather than a business that would have required a licence. The
money that was sent abroad came from immigrants wanting to buy
homes or business equipment and to support their families, his
lawyers said.
In legal argument during the trial,
Assistant US Attorney Pamela Chen again sought to raise the
terrorism issue on the grounds that "suspicious"
cheques had been confiscated from Elfgeeh, some carrying the
words "jihad" and "mujahideen", but the
judge rejected this.
The entrapment of Sheikh Moayad and,
indirectly, the arrest of Elfgeeh resulted from the efforts of
Mohamed Alanssi, a Yemeni living in the US who became a
highly-paid FBI informer following the September 11 attacks.
In October 2001, at a time when the American authorities were
desperate for information about al-Qaeda's funding, Alanssi
denounced one of this former business partners who was later
charged with trying to send $140,000 to Yemen hidden in a
consignment of honey. As a result of this tip-off, several
honey businesses in Yemen were summarily closed at the behest
of the US authorities, though it is doubtful whether the
affair had any connection with al-Qaeda.
In January 2003, Alanssi and an undercover
FBI agent, entrapped Sheikh Moayad at an hotel in Frankfurt
after promising him a large "charitable" donation
from an American Muslim. Their conversation was secretly
recorded and Sheikh Moayad and his assistant were then
arrested.
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