Date: 11-15-2024

Case Style:

United States of America v. Osemah Elhassen

Case Number: 21cr1623-JLS-17

Judge:

Court: The United States District Court for the Southern District of California

Plaintiff's Attorney: The States United Attorney’s Office for San Diego

Defendant's Attorney:

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Description:

San Diego, California criminal defense lawyer represented the Defendant charged with Racketeering
Distributor of ANOM Hardened Encrypted Devices Sentenced to 63 Months in Prison for Racketeering Conspiracy

Osemah Elhassen of Sydney, Australia, was sentenced in federal court today to 63 months in prison for participating in a worldwide conspiracy to distribute hardened encrypted communication devices to criminal syndicates to facilitate drug trafficking and other crimes.

Elhassen was one of 17 defendants indicted in San Diego in 2021 in connection with Operation Trojan Shield, an international law enforcement effort in which the FBI secretly operated an encrypted messaging network used by criminals, leading to the arrests of hundreds worldwide.

According to court records, the platform was known as ANOM. While ANOM’s criminal users unknowingly communicated on the system operated by the FBI, agents catalogued more than 27 million messages between users around the world whose criminal discussions were covertly obtained and reviewed by the FBI. The platform was taken down in June 2021. Please see Operation Trojan Shield in 2021.

Elhassen pleaded guilty in May 2024 to Count 1 of a superseding indictment charging him and the others with a racketeering conspiracy in connection with the ANOM enterprise. A citizen of Australia, Elhassen was a Colombia-based distributor of ANOM devices who was also directly involved in drug trafficking and money laundering.

Elhassen admitted that around November 2019, he became a member of the ANOM enterprise. According to his plea agreement, he admitted to helping accomplish the illegal objectives of that enterprise, including drug trafficking, money laundering, and obstruction of justice offenses. To that end, Elhassen distributed ANOM devices to criminal end-users for over a year and a half, and in doing so, facilitated the importation, exportation, and distribution of at least 15 kilograms of cocaine and the laundering of proceeds from the enterprise’s illegal activities.

According to the government’s sentencing filings, Elhassen’s ANOM messages show significant distribution of ANOM devices in Colombia and other places. His messages also show that Elhassen participated in providing ANOM device support and arranging subscription renewals, among other sales and price-setting activity.

Elhassen was arrested in Colombia in June 2021 and was extradited to the Southern District of California in May 2023. He pleaded guilty in May 2024.

“Despite use of sophisticated technology and extreme measures to conceal the criminal enterprise, Mr. Elhassen could not thwart federal investigators,” said U.S. Attorney Tara McGrath. “The sentence today demonstrates that even those who go to the greatest lengths to hide will be held to account.”

“Evidence collected during Operation Trojan Shield showed that distributors of ANOM devices, like Mr. Elhassen, were not merely providing a messaging service but enabling and facilitating Transnational Criminal Organizations,” said FBI San Diego Special Agent in Charge, Stacey Moy. “Today’s sentence should send a strong message to the users and distributors of these types of devices. The FBI will continue to collaborate with domestic and international partners on new and innovative strategies to combat the ever-evolving threat posed by transnational criminal organizations.”

This case is being prosecuted by Assistant U.S. Attorneys Joshua C. Mellor, Mikaela L. Weber, and Peter S. Horn. The Justice Department’s Office of International Affairs and the Narcotic and Dangerous Drug Section’s Judicial Attaché Office in Bogota provided significant assistance in securing the arrest and extradition of Elhassen. The United States also thanks Colombian law enforcement authorities for their valuable assistance.

Three other defendants in this case have pleaded guilty, including Dragan Nikitovic, aka Dr. Djek; Edwin Harmendra Kumar, aka Edwin Harmendra Valentine; and Miwand Zakhimi, aka Maiwand Zakhimi. They are scheduled to be sentenced in December 2024 and January 2025. A trial for four other defendants is scheduled for March 10, 2025. Eight other defendants in the case are yet to be extradited to the United States, and one is a fugitive.

For further information on investigations and prosecutions of encrypted communication providers, see https://www.justice.gov/usao-sdca/pr/fbi-s-encrypted-phone-platform-infiltrated-hundreds-criminal-syndicates-result-massive (ANOM), https://www.justice.gov/usao-sdca/pr/sky-global-executive-and-associate-indicted-providing-encrypted-communication-devices (Sky Global), and https://www.justice.gov/usao-sdca/pr/chief-executive-communications-company-sentenced-prison-providing-encryption-services (Phantom Secure).

Operation Trojan Shield is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Outcome:

Defendant was found guilty and sentenced to 63 months in prison

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