Friday, June 25, 2010

Please restore innocent Khalid Awan who is facing injustice in USA since 9/11.

Man Who Aided Terrorists Faces Tougher Sentence



(CN) -A man serving 14 years in prison for raising and laundering money for a violent Sikh separatist group faces a longer sentence, according to the 2nd Circuit, because he may qualify for a terrorism enhancement.

Khalid Awan was convicted of three counts of conspiring to support a terrorist group after he told prison informants and potential recruits that he worked for the Khalistan Commando Force, an armed group that wants a separate Sikh state in India.

During Awan's sentencing hearing, U.S. District Judge Charles Sifton denied a federal request for the terrorism enhancement. The government argued that each of Awan's crimes was "intended to promote" the federal crime of terrorism, and therefore qualified for the enhancement.

Sifton ruled that there wasn't enough evidence to show that Awan's actions met the statutory standard for terrorism, as they lacked the so-called "motivational element," requiring that they be "calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct."

Sifton also concluded that the "intended-to-promote" prong of the enhancement did not apply.

Without the terrorism enhancement, the court sentenced Awan to 168 months in prison, the low end of a range that allowed up to 210 months.

The New York-based appellate panel found that Sifton misconstrued two elements of the sentencing guidelines.

The government did not have to prove that "Awan was personally motivated by a desire to influence or affect the conduct of government," Judge Debra Ann Livingston wrote for the three-judge panel. "Rather, the government need only demonstrate that Awan intended to promote a crime calculated to have such an effect, i.e., that his offenses were intended to promote a federal crime of terrorism ... whatever Awan's reason for committing them."

Livingston added that the government could still prove that Awan's offenses were meant to influence a government even if he had no personal political motives.

"For example, if the evidence showed that Awan engaged in criminal conduct with knowledge that confederates solicited his actions to effectuate politically motivated bombings in India, or homicidal attacks on that country's security forces or its political leaders, such proof could demonstrate that Awan's crimes were calculated to influence the conduct of government even if he was not personally motivated by that object," Livingston wrote.

"A hired assassin who kills a political leader at the behest of a terrorist organization can hardly disclaim that his crime was calculated to influence the conduct of government simply because he was motivated by greed rather than politics."

Tuesday, May 6, 2008

Friday, July 20, 2007

Dear Sir / Madam
I am 46 years old, Canadian citizen and native of Pakistan (muslim). I was an immigration consultant in Canada and also member of Canadian Bar Association as part of my business , I had an office in New York.
During 2001 immediately after the Sept 11, event the US govt arrested me on Oct 25, 2001 on anonymous call, as a material witness for the 9/11 world trade centre terrorist attack. A detail investigation by the FBI and USA Naval intelligence dept was conducted and I was cleared, but even then govt put me in front of Grand jury , and I was cleared and the case was dismissed by the Grand jury of the US Federal Court .
Approximately after 2 weeks , before I was released from custody the US Govt imposed a new charges of Fraud and money laundering , under the advice of my attorney , I pleaded guilty and I was sentenced to prison for five years (which was four years more, what I pleaded). In which I had already spent 3 years in Detention jail, during the case , I had about 14 months left to finishing my sentence ,(instead of appealing, I preferred to applied for Treaty Transfer to Canada, because if the case is in the appeal, defendant is not eligible for transfer back to his home country).
While at prison, I learned from the case manager Miss Hause, that my citizen was incorrect in the FBOP’s (Federal Bureau of Prison) computer system as Pakistani instead of Canadian.
Its important to note , that all of my Canadian identifications (passport , citizenship card , S.I.N , Health card , Driving license etc) were under FBI’s possession, with a great deal of concern, I wrote a letter to the Canadian Consulate in Buffalo, N.Y to notify such mistake and requested them to fix this problem. This is especially important for Treaty Transfer back to Canada.
The Canadian Consulate official sent a letter to the jail to correct my citizenship status, however FBOP ignored the request and the citizenship status in the FBOP computer still reflect Pakistani instead of Canadian (Note:- I would be required to obtain visa to visit Pakistan) .In contrast , the deportation letter received from US Immigration dept, Contained the correct citizenship status of Canada.
At the hindsight, I believe that the FBOP intentionally left the citizenship as Pakistani, so that they could retained me at their facility, while the govt is planning to file new charges against me 3rd time.
Approximately six weeks before my released date on Jan 30 ,2006 I was notified by the FBOP that I was being transferred from Allenwood , PA to MDC (Metropolitan Detention Centre) in Brooklyn N.Y, it was explained to me, that the purpose of this transfer was in preparation for deportation back to Canada, (after few days, I signed the immigration deportation papers, with my consular Miss Chen).
But immediately after my arriving to MDC Brooklyn, I discovered during a phone call with my family in Montreal, that RCMP (Royal Canadian Mounted Police) official had contacted my sister and brother-in-law regarding the whereabouts of my wife and my current situation, there was no explanation given by the RCMP official to the purpose of the call and he left his phone number and asked my wife to call him back immediately, my wife called the RCMP official and left messages in his voice mail. Then the official contacted my brother-in-law again and had asked him to tell my wife not to call again, because there is nothing good nor anything bad.
Meanwhile the AUSA ( Astt United States Attorney) office Investigator and FBI brought me to their office to be interrogated without an attorney present, even AUSA told in the court to the judge on March 16, 2006 that he arranged attorney for me before my arrival from Allenwood PA to MDC Brooklyn, N.Y, on Transcript; page 11, Transcript line No: 14 to 23.
He (Khalid Awan) was writ in the cause of a grand jury investigation. He clearly had criminal exposure. So to protect his interest I made an application to the duty magistrate for counsel to be appointed.
Initially he was brought here by a Court to testify before the grand jury?
That is correct, Your Honour.
When he arrived here, you made arrangements for an attorney to be pointed to request him?
Yes, Your Honour.
This interrogation started with the AUSA office Investigator stating that my family will be arrested in Canada if I refused to answer their questions.
At this point I am certain that my family is in great danger for reasons that I am not aware of. I was scared that my family would be harassed by these people along with the Canadian RCMP official, I strongly believe that the RCMP is doing this intentionally in collaboration with FBI official to further harass me to admit charges, that I never committed.
Without knowledge of the reasons why the Canadian RCMP agency was involved. I was surprised that RCMP official directly approached my family instead of me without proper explanation, and its also shocked for me, that how RCMP got the phone number of my family (because before my arrest, I don’t have any single record in any police dept, of any country).
I was intimated and pushed to the edge during this interrogation, I was determined to provide anything these USA officials wanted to make them happy even is the questions made no sense, because I want them to stop the harassment to my family.
On March 15, 2006 I completed the term of my imprisonment and was to be released from American Custody and deported back to Canada. Before that I was arrested again 3rd time, and charged with providing “material support to a foreign terrorist” and money laundering (to a organization and person, which are not designated by the USA govt and belongs to Sikh religion) , and with whom, I don’t have any single common interest, because we both are from different countries and different religions.
These charges emerged while I was still in prison and without the capability of providing any type of support. It was even difficult for me to get enough financial assistance to pay legal fees. I could not have provided any material support while I was in prison for five years and I could not launder any money because I did not have any.
AUSA filed three counts of indictment against me.
Conspiracy to provide material support.
Provide a material support to the foreign terrorist.
Money laundering to support terrorism.
(Please note, that in my previous case govt charged me for money laundering and fraud from Jan 1999 to 2002 and “its mentioned in the plea-agreement by the AUSA that no further money laundering charges will be brought against defendant from Jan 1999 to April 2002” even then govt indict me for money laundering from 1998 to Nov 2001 (Which is double Jeopardy and violation of 5th Amendment of U.S Constitution.)
In Oct 2006, during pre-trial hearing on the motion’s filed by my attorney the first two counts of my indictment were dismissed by the judge, stating that there is a lack of facts and figures.
After two weeks AUSA re-indicted me again. I believe this is a desperate act of the AUSA to cover up a huge embarrassment . Further this hastily drawn indictment was full of factual errors and creative legal theories.
Since I was first arrested by the American govt, I believe that I have been singled out, isolated `and discriminated against primarily because of my race and religion, in addition to the fact that I don’t know any information that the American govt is trying to pressure out of me.
I do not understand the American laws and this is what led to my pleading guilty in the first case. I have difficulty understanding the new charges also.
I have been charged under, section 2339(a) of Title 18 of the United States code, which makes it illegal to provide material support to a foreign terrorist.
Please understand, I am not a terrorist, I do not know any terrorist and I have had no connections with or to any known or unknown terrorist. I have been incarcerated for last 5 years and I had no money to provide or launder.
The law enforcement have in America is pressuring me to provide information to them that I really do not have or know. I am a Canadian Citizen and nearly all of my family is in Canada, including my wife and kids. I don’t know any information to tell them to help their investigation.
Because of this , I am being treated unfairly and my rights under the American constitution are being violated. I am being held here in further detention against my will for crimes which I could have never committed, because I was in prison.
I believe, that I am a victim of the discrimination that was outlined in the July 3, 2006 issue of Time magazine (Page 29, column 3). In this article section 2339(a) & (b) are discussed and criticized “as most suspects are charged under these two sections. However, the justice dept here in America admits that of the more than 218 guilty pleas that it has obtained, most are for minor investigation issues that are uncovered deeding the course of their terrorism investigation. This suggest, according to the article that the Attorney General’s office have is not concerned about the rights or fairness or the manner in which it achieves convictions for the people they arrest. Furthermore, criticizes have noted that one of the patterns to emerge from these domestic prosecutions is that suspect seen too incompetent to carry out the deeds they are accused of. The Deputy Attorney General acknowledges that the Dept of Justice’s goal is “ preventions through prosecution’s” and this is done with no regard for an individual’s rights.
I agree that these guilty of terrorism should be prosecuted . But as the above mentioned article suggest , innocent people should not be targeted because of their race or religion.
I am not a terrorist and I should not be targeted and treated unfairly and unjustly.
I need your assistance desperately in my case, as I believe that I am being treated unjustly here. I would like to send you my attorney’s contact information and provide you with legal documents related to my case, so that you may become more familiar with my situation.
Please also note, that I appeared in the court , for no guilty of my 2nd superseding indictment on Aug 02, 2006 and on Aug 03, 2006 FBOP officials placed me in the SHU (Segregation Housing Unit) out of these months, I placed in the SHU isolation from Jan 03, 2007 to March 6, 2007 for unknown “Pending Investigation” in these 215 days of my segregation and isolation, I don’t have a single phone call access to my family, no legal calls to my attorney and Canadian Council, my legal mail opened in my absence, no medical treatment for my injured shoulder (even I went for hunger strike for 3 and half day) I harassed by the various jail officials and lot of other problems too which already been submitted in the attention of the FBOP higher authorities, but no action taken on them, after writing the court, instead of receiving the response or any action on my complaints, jail officials removed /moved me from MDC federal facility to Nassau County Jail .
My suffering has gone on for far too long, and I need your help to bring my suffering to an end. I want to return home to my family, because my imprisonment was injustice and will remain a great injustice forever.
May God bless you and be with you in your efforts to champion the cause of human rights, and the suffering of innocent prisoners and restore hope, faith and love to peoples all over the world.
FBOP NO. 50959-054,23599,20876370-1702,00.html,20867,20876370-1702,00.html,,20876370-5001028,00.html

Khalid Q Awan

Mr. Khalid Q Awan basically from Pakistan and he belongs to the Landlord family Awan of Sargodha (Khushab),He got his education from Lahore but since long time he moved in Canada in 1989 /90 permanently due to his political reasons ,he got Canadian citizen and started living in Toronto Mississauga but his whole family and relatives living in Pakistan (Khushab,Bhalwal,Sargodha,Lahore,Karachi) he is very popular/famous in his areas , after he married with famous Pakistani film star Mumtaz(Baree)of Lahore named Riffit Khalid in Toronto Mississauga .After they moved in USA for business purposes. His whole life in Pakistan (Lahore) and Canada is good, honest, and innocent.and famous with his friends in good sence.he is a well-wisher among his friends , he has nothing any minor mistake/crime in his past in Pakistan and in Canada ,even in USA.his whole life was peaceful ,good , but now after 9/11 he was arrested in Newyork just a Pakistani /Canadian Muslim rich businessman .He faced many cases since now proved not-guilty ,innocent , but FBI wants to involve him in any case to make a progress, efficiency but actually, he is totally ,complete innocent in all cases, he has no wrong links with any body in Pakistan and Canada even in USA. , he is educated, good-chracter man and well settled famous (Canadian/Pakistani national) lawyer businessman.Please look into this matter personally because he is a Canadian Muslim innocent after 9/11 he is still in FBI custody. we need special help and attention from Canadian/Pakistani government /Amnesty international about our deep,nice,wellnatured friend khalid q awan who is still in jail in USA,because we are missing him too much. The FBI wants to involve him in bogus, preplanned, fabricated and modified cases to get special interests, so we need your special immediate help/attention because he is totally innocent in this case,this is truth .this case is being imposed upon khalid q awan He has no any criminal record in Pakistan, Canada, and USA in his whole life. Please save the life of Khalid q awan.