United States v. Siraj
468 F. Supp. 2d 408, 2007 WL 29398 (2007)
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Rule of Law:
To defeat an entrapment defense, the government must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime, which can be shown by evidence of a pre-existing willingness to engage in such criminal conduct before being approached by government agents.
Facts:
- Before meeting confidential informant Osama Eldawoody, Shahawar Matin Siraj made statements to an undercover police officer, Kamil Pasha, indicating his support for revenge bombings and Osama Bin Laden.
- Informant Eldawoody later engaged Siraj in conversations about the war in Iraq and showed him pictures of prisoner abuse at Abu Ghraib, which Siraj claimed inflamed his anger.
- A cooperating witness, James El-shafay, initially proposed a plan to bomb bridges connecting to Staten Island.
- Siraj actively participated in analyzing and refining El-shafay's bridge-bombing plan.
- Siraj ultimately originated and developed his own, separate plan to bomb the 34th Street subway station in Manhattan.
- Siraj conducted surveillance of the 34th Street subway station, both with others and on his own, to determine where to place explosive devices and how to avoid detection.
Procedural Posture:
- Shahawar Matin Siraj was tried before a jury in the U.S. District Court for the Eastern District of New York.
- On May 24, 2006, the jury returned a verdict convicting Siraj on four counts of conspiracy to bomb a New York City subway station.
- Following the conviction, Siraj filed a motion for a judgment of acquittal under Rule 29, arguing that the defense of entrapment was established as a matter of law.
- Siraj also filed a motion for a new trial under Rule 33, alleging trial errors and the existence of newly discovered evidence.
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Issue:
Does the government's evidence of a defendant's prior statements supporting violence and active, independent development of a criminal plot suffice to prove predisposition beyond a reasonable doubt, thereby defeating an entrapment defense?
Opinions:
Majority - Gershon, District Judge
Yes. The government's evidence was sufficient to prove predisposition beyond a reasonable doubt, defeating the entrapment defense. Entrapment occurs only when the government implants the criminal design in the mind of an otherwise innocent person. Here, even assuming the defendant was induced by the government informant, there was ample evidence that Siraj was predisposed to commit the crime. Predisposition was established through the testimony of a cooperating witness about Siraj's willingness to commit a bombing, recordings that showed Siraj was the principal designer of the subway plot, and testimony from an undercover officer about statements Siraj made supporting violent acts before he met the informant. Unlike in Jacobson v. United States, where the defendant's interest was in conduct that was legal at the time, Siraj expressed a willingness to engage in conduct that was already illegal, demonstrating he was an 'unwary criminal' rather than an 'unwary innocent.'
Analysis:
This opinion provides a clear, modern application of the entrapment defense, particularly in the context of post-9/11 terrorism sting operations. It emphasizes that a defendant's own statements and creative contributions to a criminal plot are powerful evidence of predisposition that can overcome claims of government inducement. The court's distinction of Jacobson reinforces that the nature of the defendant's pre-existing interest—whether legal or illegal—is a critical factor in the predisposition analysis. This case solidifies the government's ability to use informants in counter-terrorism investigations, showing that as long as the government can prove the defendant was 'ready and willing,' the defense of entrapment is unlikely to succeed.
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