Yonis Ishak Affidavit

Case 1:11-mj-00353-JFA Document 3 Filed 05/11/11 Page 1 of 48

138. On or about August 25, 2010, at approximately 11:13 a.m, Ishak received a call
from an unidentified male using British telephone number xxx.xxxxxx874.
UM: What happened to you, I have no money to send packages with and its just
sitting here.
Ishak: You're kidding me.. . I have given the money to Dahabshiil.... I told him
to send it through Qaran and he told me it will be sent via Dahabshiil all the way.
UM: You know, I just sent you a box today and tomorrow send you the other two,
but how can I send them with no money.
Ishak: 1 am going to call him right now ... he was supposed to have the money
ready.
UM: Then you should have told me if the money was available.
139. On or about August 25, 2010, at approximately 2:39 p.m, Ishak made a call to
(xxx) xxx-xx89. This number is subscribed to co-conspirator Suado Mohammed Ali, in Burke,
Virginia. Suado Mohammed Ali told Ishak that he needs to work hard this week and next week
due to September 11 and the long Labor Day weekend coming up. September 11 was projected
to be the first day of Eid ul-Fitr (i.e., the end of Ramadan). Suado Mohammed Ali told Ishak
that he needs to purchase all shipments possible. Ishak told Suado Mohammed Ali that he "has
hope for shipments tomorrow." Ishak also told Suado Mohammed Ali that everyone contacts
him for khat "since he is the kingpin." Suado Mohammed Ali asked Ishak if his old supply of
khat was done and Ishak replied, "The situation is bad."
(xxx) xxx-xx52. This number is subscribed to an individual in Sterling, Virginia. This
individual asked Ishak "where the Sheikh of the town has been lately" (referring to Ishak). Ishak
responded that he was in New York the last couple of days with other "sheikhs." The individual
asked Ishak if "that was fair." Ishak said that he needs to cater to people from New York, that he
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was held by them since yesterday and that he would be returning to VA tomorrow. Ishak told
the individual that is he receives packages tomorrow that "he would sneak them out of New
York without mentioning anything to the folks here (NY) and bring it to Virginia." The
individual told Ishak that he "should go ahead with that plan" and "that this city has one Sheik
(kingpin) and therefore the city needs him back." Ishak told the individual that if he is out of
town "no one gets anything."
141. On or about August 26, 2010, at approximately 5:31 p.m, Ishak received a call
from (xxx) xxx-xx81. This number is subscribed to by co-conspirator Khaled Ahmed Isa, in
Queens Village, New York. Ishak tells ISA to go to a pick up location for a package of khat.
Ishak: Yeah, tell them, "I am picking up for Ishak, Ishak. .. . My name is Ishak."
Isa: Ishak?
Ishak: Yes, Ishak, and I will talk to them and they are going to give it you.
Isa: Sheep head bay . .. next to the highway right?
Ishak: Yes. Sheep head Bay off of. .. um, down on, urn Bell Parkway.
Isa: Okay Ishak, I am going now.
142. On or about August 27, 2010, at approximately 8:55 a.m, Ishak received a call
from British Telephone number xxxxxxxxxxlS. This number is subscribed to CC2. The caller
asked Ishak why he had not been answering the telephone. The caller complained that Ishak was
supposed to send $800, but that the caller had received only $500. Ishak replied that he would
check on this. Ishak stated: "it is because I owe some money to the money transfer guy and
took $300 towards that," and "Man I gave the money transfer guy $800 but he did this anyway,
but I will go and tell him business was not good this week please send $300 more next time."
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co-conspirator CC3 at British telephone number xxxxxxxxxx71. CC3 stated that he and another
individual are the best khat dealers in the United Kingdom. CC3 stated that a new alliance will
be forged, with an individual and CC3 on the supply side, and Ishak and another individual on
the sales side in the United States. CC3 then opined that the best time to get money from this
business is September to December and that he (CC3) was going to Uganda, where his supplier
has a khat farm. According to CC3, the khat is exported from Uganda labeled as food, because
khat is also illegal to export from Uganda. CC3 noted that the khat he was sending to the United
States was also contraband in Uganda.
144. On or about August 30, 2010, at approximately 2:17 p.m, Ishak received a call
from CC3 using British telephone number xxxxxxxxx471. CC3 and Ishak discussed the fact that
U.S. Customs has hired a temporary agency to check packages and that is why many of their
packages had been intercepted that week. Ishak stated: "let us do anything possible to get
through these packages." CC3 and Ishak also discussed using aluminum foil so that the scanner
will not detect the contents. But Ishak objected that the aluminum foil will cause too much heat
and "kill the khat." CC3 stated that CCl (Ishak's alleged sister and another supplier of khat) had
used foil for the past three months when sending khat via DHL, and that the khat had not been
intercepted.
145. On or about September 1, 2010, at approximately 10:04 p.m, Ishak received a call
from and unnamed male using British telephone number xxxxxxxxx874. The male called Ishak
to check on the status of packages. He asked Ishak: "So you received the Majarteen stuff?"
Ishak responded: "No, no, it was the Mowadelas. The Majarteen stuff did not arrive yet." It is
my understanding that the Mowadelas and Marjateen are the names of clans in Somalia.
146. On or about September 1, 2010, at approximately 11:37 p.m, Ishak received a call
39
from an unnamed male calling from Somalian telephone number xxxxxxxx 174. This number is
believed to belong to an individual who is believed to be a khat supplier based in Somalia. The
caller told Ishak that he recently checked on the status of packages and he concluded that
everything was still pending. The caller then asked Ishak to resend addresses via e-mail. Ishak
said that he sent him the addresses previously, however he would again send it again to Shimbir.
147. On or about October 5, 2010, at approximately 12:48 p.m., Ishak received a call
from co-conspirator CC3, utilizing British telephone number xxxxxxxxxl50. CC3 and Ishak
discussed tracking numbers and addresses to which packages were to be sent. CC3 told Ishak
the tracking number of a package: 016043499." I have confirmed through this investigation
that, on October 7, 2010, the package was received at a UPS Store, located at 9435 Lorton
Market Square, Lorton, Virginia. CC3 also mentioned tracking number 016225222. I have
confirmed through this investigation that a package bearing this tracking number was seized by
CBP on October 5, 2010 and was found to contain khat. CC3 and Ishak also discussed finances
and the fact that people do not pay on time.
148. On or about October 6, 2010, at approximately 7:57 a.m., Ishak received a call
from co-conspirator Khaled Isa, a.k.a., "Adnan," utilizing telephone number (xxx) xxx-xx81.
Khaled Isa asked Ishak to check on the status of a shipment. Adnan also asked Ishak to inform
CCl that she can send khat to him and he will send her $12,000. Khaled Isa also informed
Ishak that he will send his own business checks to him and that he should note on the checks
"allocation," "ATM," or "commission," but that Ishak should not write "for khat" on the checks.
I know from this investigation that Ishak and Khaled Isa arc discussing ways to disguise the
finances of the khat distribution conspiracy.
149. On or about October 7, 2010, at approximately 3:25 p.m., Ishak received a
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telephone call from co-conspirator Khaled Isa, a.k.a. "Adnan," who was calling from telephone
number (xxx) xxx-2281. Khaled Isa inquired whether Ishak was on his way to New Jersey to
retrieve a package. Ishak instructed Khaled Isa to have the money ready.
150. On or about October 8, 2010, at approximately 2:31 p.m., Ishak received a call
from co-conspirator CC3, who was utilizing British telephone number xxxxxxxxxl50. CC3
informed Ishak that he checked on the status of a package that he sent to Ishak and that a
shipment would arrive at 9:50 a.m. the next day. According to CC3: "Nothing is coming out
today because we don't have that much khat in the town." Ishak also told CC3 that he sent him
some money through Dahabshiil; "The money was sent to you. I bribed the guy to send the
money today."
151. On or about October 9, 2010, at approximately 8:38 a.m. Ishak received a call
from co-conspirator CCl, who was utilizing British telephone number xxxxxxxxx976. CCl
informed Ishak that she sent some khat to a New York addresses and she and Ishak discussed the
money they made. CCl stated that she was planning on sending some of her money to Somalia
for investing. Ishak advised her not to invest her money but to keep it and use it for their khat
supply for the next three months. Ishak told CCl how CC3 helped him make a lot of money.
CCl then claimed to have made $12,000 that week. She also mentioned that she planned to
make $100,000 by December. Ishak then advised CC1 not to send more than 100 pieces at a
time. CCl asked Ishak, what he thought of her importing khat when she later makes a trip to
California. Ishak advised that she not do this because her children might inform officers at the
port of entry that she has khat in her luggage.
152. On or about October 9, 2010, at approximately 9:31 a.m., Ishak placed a
telephone call to CC3. Ishak asked CC3 if he received the $1,500 Ishak had sent to him through
41
Iftin and Dahabshiil. CC3 told Ishak that he would call the wire service agents to see if the
money was in his account yet. CC3 asked Ishak if he received a shipment that he sent to Ishak
yesterday (October 8, 2010), and asked about a second shipment Ishak responded that the
shipment arrived at the "Flushing address."
153. On or about October 29, 2010, at approximately 6:14 p.m., Ishak made a call to
co-conspirator CC3. Ishak and CC3 discussed money that was owed and how it was sent to CC3
through Dahabshiil. Ishak stated: "Uncle, the money is already sent through Dahabshiil ....
The sender is Ubah Buraleh. ... I yelled at the Dahabshiil guy, so this money is guaranteed for
receipt." I know from my investigation that the wife of co-conspirator Abokor Gurreh, is named
"Ubah Buraleh." Ishak and CC3 also discussed their relationship and the khat business. Ishak
states: "When you add everything up, I think it was 75 bundles. So I sent you the proceeds of
70 bundles and the $500 I added. The money have been sent, total should be $2,700 and you're
good to go. Just let me know when you get it." Ishak further states, "take the $500 as a payment.
If you could mark the box for me today, it all depends on you."
154. On or about November 6, 2010, at approximately 11:02 p.m., Ishak made a call to
co-conspirator Abdulkadir Ali Isse, a.k.a., "Abdul," a.k.a, "Burane." The two discussed Ishak's
khat distribution network and Isse's desire to further himself in the khat business:
Ishak: Okay, I will go online tonight and get some Baltimore addresses tonight.
Isse: Okay.
Ishak: If you won't do the job, tell me now. Baltimore is not far from you.
Isse: Okay.
Ishak: Once you receive the stuff, I will let you know who to deliver to.
Isse: Done deal.
42
Ishak: I will instruct you to hand some stuff and get something from Dirir; you will
give some to Haaruun, Osman and Abdulhamid you will make a side deal with him
on your own; and Big-mouth Juba is there in Baltimore. I will talk to the Ugas. Even
it comes one day late, it will still come in good condition.... I will run the job from
here and direct people to get the stuff from Burane.... Listen, 40 pieces is enough
for DC. I thought about DC and coming from all the way NJ ,CT. . ..
Isse: Go ahead start ordering the stuff, I need some pocket money.
Ishak: Not only pocket money, but you will make it a lot of profit, why you know.
Isse: What?
Ishak: Because, look, if we give [CC3] his 30 share, and the rest~or some time
when I'm broke, you do not mind if I share with you the profit, $5 and my Khat.
Isse: Done deal.
Ishak: I always give and support Osman and others some. . . . You will get more
costumers , do not worry, just—and—look, the old guy [name deleted] takes his four
pieces, the idiot Mohamed as well as Dahabshiil agent's costumers.... New Jersey
and Connecticut will be plenty for me. It's not worth it for me to deal with DC,
because people over here are just mad and low life. So you will distribute the
shipment to my customers. You will deliver to their houses like Fadumo. That's why
they like me. You cannot be lazy. You have to deliver it to them and hustle. If you
sell 50 bundles, you will make $500 easy.
Isse: Go do it, right now.
Ishak: And I am happy with my $10. I usually charge them $45 and $50, because
Osman and them gel some from me and 1 get it back from them in different means.
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. . . There is no such thing as $60. Don't you know Somalis by now? They will
come to me and ask me to hire them. How many times did [name deleted] ask me for
a lot of bundles.. .. I'm happy with the $50 dollars per bundle they pay. And once
in a while, I throw Osman and Baltimore a bundle on the house, when they purchase
a lot from me. That's why theses people like me and wait for me. . . . Also with
Dirir, you see how I deal with him, you give him about 5 or 6 bundles. . . . And
whatever is left that you cannot sell, I will take it to the Arabs the next day. ... Do
not worry about Fadumo, any thing she takes from you. You will come and deal with
me in terms of the money. Give Osman and the guy who works with him whatever
they need. Do not worry about Dirir and Juba and I Iarun. These 6 individuals
including the old man who was taking the car from you, are good customers and
trustworthy.
Isse: Look, I will collect the money who ever takes some stuff from me.
Ishak: I need you Burane, I'm losing my costumers here.
Interception and Testing of Packages
155. Through internal product tracking databases, inspectors with the U.S. Postal
Inspection Services have determined that Ishak checked the status of at least 102 packages, some
of which were seized by CBP and found to contain khat, and others of which Ishak mentioned
during telephone conversations intercepted pursuant to the U.S. District Court's authorization.
156. On January 31, 2010, your affiant conducted analysis of the packages that were
discussed by Ishak and co-conspirators during the Court-authorized wire intercept. From August
23, 2010 to December 4, 2010, Ishak and his co-conspirators discussed around 215 packages.
The contents of six of these packages were tested for the presence of cathinone. The contents of
44
all six packages tested positive for cathinone. 106 of the 215 packages were seized by CBP
Officers at ports of entry to the United States. 106 of the seized packages were found to contain
a green leafy substance identified as khat.
157. On or about August 24, 2010, a parcel was shipped from England, manifested as
children's clothes. The packages was mailed to M Ashak, xxx Bergen Avenue, Jersey City, New
Jersey. CBP seized the package and testing by the U.S. Postal Service Forensic Laboratory
confirmed that the contents of the package contained cathinone.
158. On or about September 14, 2010, a parcel was shipped from England manifested
as baby clothes. The express mail label number used to track the package is EE485041865GB.
The packages was mailed to M Ashak, xxxxx Queens Blvd., Kew Gardens, New York. CBP
officers seized this package and testing conducted by the DEA Forensic Laboratory confirmed
that the contents of the package contained cathinone.
159. On or about September 15, 2010, a parcel was shipped from England manifested
as baby clothes. The express mail label number used to track the package is EE485042282GB.
The packages was mailed to M Ashak at xxxxx Queens Blvd.. Kew Gardens, New York. CBP
seized this package and testing by the DEA Forensic Laboratory confirmed that the contents of
the package contained cathinone.
160. On or about October 22, 2010, a parcel was shipped from England manifested as
clothes. The packages was mailed to Yonis, 9435 Lorton Market Street, #199, Lorton, Virginia,
which is a UPS Store. An interview of the UPS Store employee on October 27, 2010 indicated
that Ishak was at the store attempting to pick up this package. The UPS employee also identified
Ishak's photograph out of a photo lineup. CBP seized this package and testing conducted by the
DEA Forensic Laboratory confirmed that the contents of package contained cathinone.
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161. On or about October 28. 2010. a parcel was shipped from England manifested as
clothes. The packages was mailed to Yonis, xxx Main Street, #xxx, Methuchen, New Jersey.
CBP seized this package and testing by the DEA Forensic Laboratory confirmed that the
contents of the package contained cathinone.
162. On or about October 29, 2010, a parcel was shipped from England manifested as
clothes. The packages was mailed to Yoris, xxx Main Street, #xxx, Methuchen, New Jersey.
CBP seized the package and testing by the DEA Forensic Laboratory confirmed that the contents
of the package contained cathinone.
163. On or about November 24, 2010, a parcel was shipped from England manifested
as clothes. The packages was mailed to A ISSE, xxxx Neptune Avenue, Brooklyn, New York.
CBP seized the package and testing by the DEA Forensic Laboratory confirmed that the contents
of the package contained cathinone.
as picture frames. The package was mailed to Abduladir, xxx Stanley Avenue, Brooklyn, New
York. CBP seized the package and testing by the DEA Forensic Laboratory confirmed that the
as bootleg trousers. The package was mailed to Yonis, xxx New Lots Avenue, Brooklyn, New
York. CBP seized the package and testing by the DEA Forensic Laboratory confirmed that the
as Navy Bootleg. The package was mailed to Yonis, xxx New Lots Avenue, Brooklyn, New
York. CBP seized this package and testing by the DEA Forensic Laboratory confirmed that the
46
Surveillance
167. On or about August 20, 2010,1 obtained rental records indicating that Ishak had
leased a Buick Enclave from Alamo Car Rental. Surveillance of this vehicle was initiated and
Ishak was observed driving this vehicle numerous times.
168. On or about September 3, 2010, Ishak was observed driving the Buick Enclave
from New York City to a U.S. Post Office located in Forest Hills, New York, to pick up a
package, bearing parcel number EE454649174GB, which I believe contained khat. In an
intercepted conversation with co-conspirator CC3, Ishak received information from CC3. CC3
stated: "Here are the numbers with me let check. First the tracking that ends 78 goes to xx-xx
63rd road. Tracking that ends 49 goes to 3511 B. The tracking # 454649174 is going to xxx
Austin." After Ishak obtained the package, previously described by CC3, Ishak was observed
tearing the shipping label from the package and discarding it into a trash receptacle on Queens
Boulevard in Forest Hills, New York. I recovered the discarded shipping label and saw the
tracking number on it: 454649174.
169. On November 5, 2010, HSI Agents conducted surveillance based on information
obtained by the Court-authorized wire intercept. Information was obtained that Ishak was going
to New York to retrieve a parcel with tracking number EE48 5054 997G B from xxx Sunrise
Highway, Rockville Center, New York.
170. Ishak called telephone number (xxx) xxx-xxOO at approximately 11:58 a.m. and
spoke with a UPS employee who stated: "Your package came in two minutes ago." Ishak
responded: "Sure I will be there around 2:00." HSI agents observed Ishak—empty-
handed—walking into the UPS store at this location. Soon thereafter, HSI agents observed Ishak
47
exiting the UPS store carrying a box. Ishak then placed the box in the back of his vehicle.
171. During previous telephone conversations, Ishak and co-conspirator Moheeb
Nasser discussed meeting so that Ishak could sell Moheeb Nasser the khat that was then en-
route. After picking up the package of khat from the UPS store, on November 5, 2010, Ishak
was observed meeting with Moheeb Nasser at Moheeb Nasser's Brooklyn residence. HSI agents
saw Ishak place bundles of khat into two black plastic bags and hand the bags to Moheeb Nasser.
CONCLUSION
172. Based on the foregoing, there is probable cause to believe that from on or about
February 16, 2005 to the present, in Arlington, Virginia, and elsewhere, the defendant, Yonis
Muhudin Ishak, and others, did knowingly and intentionally combine, conspire, confederate, and
agree with each other and others, both charged and uncharged, and known and unknown, to
unlawfully, knowingly, and intentionally possess with intent to distribute a mixture and
substance containing a detectable amount of cathinone, a Schedule I controlled substance, in
violation of Title 21, United States Code, Sections 841(a)(1) and 846.
k
itht
Michael T. Gruchacz
Special Agent
Homeland Security Investigations
Subscribed and sworn before me this 10lh day of May 2011.
/s/Thomas Rawles Jones, Jr.
Hon. T. Rawles Jones, Jr.

United States Magistrate Judge
48

Yonis Ishak Affidavit

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Case 1:11-mj-00353-JFA Document 3 Filed 05/11/11 Page 1 of 48

Case 1:11-mj-00353-JFA Document 3 Filed 05/11/11 Page 2 of 48

from an unidentified male using British telephone number xxx.xxxxxx874.

khat was done and Ishak replied, "The situation is bad."

(xxx) xxx-xx52. This number is subscribed to an individual in Sterling, Virginia. This

town "no one gets anything."

Isa: Sheep head bay . .. next to the highway right?

Isa: Okay Ishak, I am going now.

States was also contraband in Uganda.

and the fact that people do not pay on time.

finances of the khat distribution conspiracy.

149. On or about October 7, 2010, at approximately 3:25 p.m., Ishak received a

port of entry that she has khat in her luggage.

152. On or about October 9, 2010, at approximately 9:31 a.m., Ishak placed a

shipment arrived at the "Flushing address."

Isse: Done deal.

Isse: Done deal.

sell 50 bundles, you will make $500 easy.

Isse: Go do it, right now.

Ishak: I need you Burane, I'm losing my costumers here.

Interception and Testing of Packages

a green leafy substance identified as khat.

confirmed that the contents of the package contained cathinone.

that the contents of the package contained cathinone.

the package contained cathinone.

contents of the package contained cathinone.

of the package contained cathinone.

of the package contained cathinone.

contents of the package contained cathinone.

contents of the package contained cathinone.

contents of the package contained cathinone.

Ishak was observed driving this vehicle numerous times.

package, bearing parcel number EE454649174GB, which I believe contained khat. In an

tracking number on it: 454649174.

169. On November 5, 2010, HSI Agents conducted surveillance based on information

Highway, Rockville Center, New York.

171. During previous telephone conversations, Ishak and co-conspirator Moheeb

substance containing a detectable amount of cathinone, a Schedule I controlled substance, in

Subscribed and sworn before me this 10lh day of May 2011.

/s/Thomas Rawles Jones, Jr.

Hon. T. Rawles Jones, Jr.

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