Shafi

United States v. Shafi

Good Law
252 F. Supp. 3d 787·2017 WL 1684870·2017 U.S. Dist. LEXIS 67742
United States District Court, Northern District of CaliforniaMay 3, 2017Case No. 15-cr-00582-WHO-1California6,157 words

Opinion

Lead Opinion

Orrick, J.

ORDER DENYING MOTION TO DISMISS

INTRODUCTION

Adam Shafi is charged with violating 18 U.S.C. § 2339B(a)(l)attempting to provide material support (namely himself) to the al-Nusrah Front, a foreign terrorist organization. He argues here that the indictment should be dismissed because it fails to allege sufficiently how he put himself under the organization’s direction or control, which he contends is either an element or essential fact that must be included in the indictment. It is neither. Shafi knows what the government believes he was attempting to do and how he was attempting to do it. The motion to dismiss the indictment is DENIED.

BACKGROUND

I. THE CRIMINAL COMPLAINT.

On June 30, 2015; the government filed a criminal complaint against Shafi for one count of “attempt[ing] to provide material support to a foreign terrorist organization,” as prohibited under 18 U.S.C. § 2339B. Compl. According to the com *790 plaint, Shafí “disappeared” during a family-trip to Cairo, Egypt, in August 2014. Compl. ¶ 15. His father reported Shafi’s disappearance to the United States embassy in Cairo, Egypt, explaining that Shafí had not told anyone in the family where he was going. Comp. ¶¶…

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