The Volokh Conspiracy
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"Extradition of Organized Crime Leader Charged with a Murder Plot Directed from Iran Targeting a Journalist"
From a Justice Department press release on Wednesday (and see the indictment):
POLAD OMAROV, a/k/a "Araz Aliyev," a/k/a "Polad Qaqa," a/k/a "Haci Qaqa," [has been extradited] from the Czech Republic on murder-for-hire and money laundering charges contained in a Superseding Indictment…. OMAROV was arrested in the Czech Republic on January 4, 2023, at the request of the United States, arrived in the Southern District of New York on February 21, 2024, and will be arraigned on the charges in the Superseding Indictment before U.S. Magistrate Judge Sarah L. Cave later today.
U.S. Attorney Damian Williams said: "Polad Omarov is alleged to have brazenly attempted to murder an outspoken critic of Iran's human rights abuses—right here on American soil. The audacious alleged plot to kidnap and murder the victim are indicative of Iran's policies of aggressive suppression and violence against anyone who speaks against them. Today's extradition makes clear our unwavering resolve to charge and bring to justice any individuals attempting to stifle free speech in the U.S., especially at the behest of a malign foreign regime." …
The press release describes the allegations (while noting they are just allegations):
OMAROV, a leader within an Eastern European organized crime group (the "Organization"), worked with other members of the Organization to attempt to murder a U.S. citizen of Iranian origin (the "Victim") on instructions from individuals in Iran. The Victim previously has been the target of plots by the Government of Iran to intimidate, harass, and kidnap the Victim. The Victim is a journalist, author, and human rights activist who has publicized the Government of Iran's human rights abuses and suppression of political expression, including in connection with continuing protests against the regime across Iran. As recently as 2020 and 2021, Iranian intelligence officials and assets plotted to kidnap the Victim from within the United States for rendition to Iran in an effort to silence the Victim's criticism of the regime.
Beginning in approximately mid-July 2022, OMAROV's co-defendant, RAFAT AMIROV, a leader within the Organization residing in Iran, sent targeting information—which AMIROV had received from other individuals in Iran—about the Victim and the Victim's residence to OMAROV. OMAROV, in turn, communicated the targeting information to co-defendant KHALID MEHDIYEV, a leader within the Organization residing in Yonkers, New York, in order to begin conducting surveillance of the Victim and reconnaissance of the Victim's residence and surrounding neighborhood. MEHDIYEV sent photographs and videos of the Victim's residence to OMAROV for further sharing with AMIROV and the plot's orchestrators in Iran.
After MEHDIYEV's initial surveillance of the Victim's residence, AMIROV and OMAROV arranged for the delivery of a $30,000 cash payment to MEHDIYEV in New York City in furtherance of the plot. MEHDIYEV used a portion of this cash payment to buy an AK-47-style assault rifle manufactured in China, along with two magazines for ammunition and at least 66 rounds. MEHDIYEV bragged in electronic communications that he had procured for himself a "war machine."
Between July 20 and 28, 2022, MEHDIYEV repeatedly travelled to the Victim's neighborhood to conduct surveillance and reconnaissance, sending reports of the Victim's activities, photographs, and videos to OMAROV for further distribution to AMIROV. On July 24, 2022, after arriving at the Victim's residence, MEHDIYEV reported to OMAROV that MEHDIYEV was "at the crime scene." OMAROV encouraged MEHDIYEV, "You are a man!" MEHDIYEV described to OMAROV that "we blocked it from both sides, it will be a show once she steps out of the house." OMAROV forwarded this report to AMIROV, who responded, "God willing."
MEHDIYEV was unable to carry out the assassination that day and returned on several subsequent days to seek out opportunities to complete the murder mission. AMIROV, OMAROV, and MEHDIYEV schemed different strategies to attempt to draw the Victim out, including by attempting to ask the Victim for flowers from the Victim's garden. On July 28, 2022, MEHDIYEV sent OMAROV a video taken from inside the car MEHDIYEV was driving showing the assault rifle, along with the message that "we are ready." The Victim, after observing suspicious activity outside the residence, left the area, and MEHDIYEV drove away shortly afterwards. After MEHDIYEV drove away from the Victim's residence, he was stopped after a traffic violation, and during a subsequent search of the car, police officers found the assault rifle, 66 rounds of ammunition, approximately $1,100 in cash, and a black ski mask.
* * *
OMAROV, 39, of Georgia, has been charged with: (i) murder-for-hire, which carries a maximum sentence of 10 years in prison; (ii) conspiracy to commit murder-for-hire, which carries a maximum sentence of 10 years in prison; and (iii) conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by Judge McMahon.
AMIROV, 45, of Iran, and MEHDIYEV, 25, of Yonkers, New York, were previously arrested on the charges contained in the Superseding Indictment….
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'OMAROV, 39, of Georgia, has been charged...'
I suspect the former, but it'd be nice if they'd tell us whether they mean Georgia-as-in-Tbilisi, or Georgia-as-in-Atlanta.
Per Reuters:
"U.S. prosecutors have said Omarov was a resident of the Czech Republic and Slovenia. The Czech Justice Ministry said on Wednesday he was a citizen of Georgia."
Numerous other outlets described him as "a citizen of Georgia." None of those outlets indicated he had any residence in the U.S. It does appear that he is from the country of Georgia. (But not explicitly so.)
Per the Fourteenth Amendment:
So a US citizen who lives within the state of Georgia is thereby a citizen of Georgia-as-in-Atlanta.
Clearly we should stop calling the county Georgia, and call it საქართველო, or Sakartvelo.
And so murder for hire and conspiracy to commit murder for hire are only half as criminal as conspiracy to commit money laundering.
You noticed!
It’s a good illustration of how messed up the priorities of the federal Criminal Code have become.
That bothered me too. Particularly since money laundering isn't a violent offense. Seems like it should be more of an infraction than a felony.
Since money laundering often involves money [tax evasion often too], the state is much more interested in that than with mere harm to citizens.
What? So only violent behavior should be felonies? Wow, so one can steal grandma’s life savings and be issued a citation like improper lane usage?
It's not that simple.
The murder for hire statute provides:
18 USC 1958(a).
The ten years is only if no one gets hurt. If there is personal injury it goes up to 20 years, and if death results, then it's death or life in prison.
So the ten years is more for like attempted murder for hire.
The indictment makes numerous allegations against Iran. I hope that the prosecution will provide some evidence to substantiate the allegations.
Because the USDOJ is showing so much concern for a journalist, the USDOJ should show concern for the murder of Palestinian journalists by the IDF. Journalism is a necessary component of the life of a modern national, political, racial, or ethnic group. Murdering journalists of the group is a component of the physical destruction of the group.
The murder of journalists is evidence of hostile conditions genocide [Genocide Convention Art. II (c) or 18 U.S. Code § 1091 - Genocide (a)(4)]. The US should start demanding the extradition of every American that emigrates to the State of Israel or does lone soldier service in the IDF, which is currently perpetrating genocide. All such Americans including Eugene Kontorovich should be tried, convicted, and sentenced to life imprisonment pursuant to 18 U.S. Code § 2339A – Providing material support to terrorists.
§ 2339A directly references § 1091.
Given the history of "Palestinian journalists" to be, uh, intimately involved with terrorist acts...nah.
Now, Ukraine's killing of an American journalist should lead to some concerns.
I clicked on this link thinking it would be about Khashoggi.
Looks like this kind of thing goes on pretty much all the time.
I had a similar thought, but Iran would not have been mentioned in the context of Khashoggi's murder. Biden now wants to be best friends with MBS. Biden has no concern for justice whatsoever — something that is not surprising because he is a probable violator of 18 U.S. Code § 1091.
Biden is the Hannibal Lecter of presidents.
"the delivery of a $30,000 cash payment to MEHDIYEV in New York City in furtherance of the plot. MEHDIYEV used a portion of this cash payment to buy an AK-47-style assault rifle manufactured in China, along with two magazines for ammunition and at least 66 rounds."
Couldn't help noticing how effective New York City's gun laws are. I am sure he had all the permits for that AK47.