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Case Number: 1:18-mj-00606
Judge: Sanket J. Bulsara
Court: United States District Court for the Eastern District of New York (Kings County)
Plaintiff's Attorney: United States Attorney’s Office in Brooklyn
Description: Brooklyn, New York criminal defense lawyer represented the Defendant charged with providing material support to ISIS, a designated foreign terrorist organization, that resulted in death.
Ruslan Maratovich Asainov, 46, a U.S. citizen and former resident of Bay Ridge, Brooklyn, abandoned his family and country to fight for ISIS and train others to carry out its reign of terror, a cause to which he remains devoted to this day.
“The U.S. government worked tirelessly with our international partners to locate and return this U.S. citizen to face accountability for his crimes,” said Executive Assistant Director Larissa L. Knapp of the FBI’s National Security Branch. “He's a convicted terrorist who fought for ISIS and taught others how to kill on behalf of their violent extremist ideology. Justice was served with today's life sentence.”
Between December 2013 and March 2019, Asainov provided and conspired to provide material support and resources in the form of personnel, including himself, training and expert advice and assistance, to a foreign terrorist organization, namely ISIS, knowing that ISIS was a designated foreign terrorist organization that had engaged in terrorist activity and terrorism. Asainov also received military-type training from ISIS, in violation of federal law.
On Dec. 24, 2013, Asainov abandoned his wife and daughter in Brooklyn, and boarded a flight at JFK International Airport, bound for Istanbul, Turkey. Along with a co-conspirator, Mirsad Kandic, by early January 2014, Asainov traveled to northern Syria in the area of Aleppo and joined ISIS as a fighter. Kandic was arrested in Sarajevo, Bosnia and Herzegovina, convicted of conspiracy to provide material support to ISIS resulting in death by a federal jury in Brooklyn in May 2022, and sentenced to life in prison in July.
Over the course of approximately five years fighting on behalf of ISIS, Asainov fought in numerous battles against ISIS enemies, including engagements at Kobani, Tabqa, Raqqa, Dayr Az Zawr, and ISIS’s last stand in Syria at Baghouz, in March 2019. Asainov received training in how to use automatic rifles, machine guns and rocket-propelled grenades. In Tabqa, in mid-2014, he volunteered to train as a sniper. Over time, Asainov became a sniper trainer or “emir” on behalf of ISIS, estimating that he taught nearly 100 students. A former U.S. Navy SEAL scout sniper testified at Asainov’s trial that the defendant’s sniper training course was consistent with what the former SEAL would expect to be taught in a sniper training program.
From Syria, the defendant attempted to recruit another individual to travel from the United States to Syria to fight for ISIS and sought to obtain funds to purchase a scope for his rifle from the same person. The defendant also told his estranged wife that he was fighting on behalf of ISIS, described by him in a recorded January 2015 voicemail as “the most atrocious terrorist organization in the world that ever existed.” Asainov’s estranged wife testified at his trial that he sent her a photograph of three dead fighters, one of whom was wearing a patch reading, “Islamic State of Iraq and al-Sham,” i.e., ISIS, in Arabic script.
Asainov was captured in Syria after ISIS’s last stand at Baghouz, near the Syria-Iraq border. Just before his capture, Asainov discarded his rifle and destroyed his cell phone.
Asainov admitted to agents from the FBI’s Joint Terrorism Task Force that he had fought in numerous battles on behalf of ISIS as a warrior and sniper, serving in several different katibas or ISIS fighting brigades. In recorded phone calls to his mother from facilities operated by the Bureau of Prisons (BOP), the defendant told her that he was carrying out Allah’s orders when he waged jihad and killed for ISIS, that he intended to return to waging jihad if released, and that he would fight until he “meet[s] Allah,” i.e., until his death. In September 2020, staff at a BOP facility confiscated a makeshift ISIS flag affixed to Asainov’s cell wall. The defendant had filled in an 8.5” x 11” sheet of paper with black ink and Arabic writing in the design of the ISIS flag. During his trial, the defendant reiterated his allegiance to ISIS to court personnel, stating that ISIS would rise again.
Assistant U.S. Attorneys Douglas M. Pravda, J. Matthew Haggans, Nicholas J. Moscow and Nina C. Gupta for the Eastern District of New York are in charge of the prosecution, with assistance provided by Trial Attorney Jennifer Levy of the National Security Division’s Counterterrorism Section and Paralegal Specialists Wayne Colon and Mary Clare McMahon.
The Justice Department’s Office of International Affairs, the FBI’s Legal Attachés abroad, and foreign authorities in multiple countries on multiple continents provided critical assistance in this case. The Bosnian and Herzegovinian authorities, and the FBI Legal Attaché Office in Sarajevo provided extraordinary assistance in the investigation and prosecution. The Ministry of Justice for the Republic of Finland, the Stuttgart Police Department and Federal Office of Justice in the Federal Republic of Germany, the Department of Justice & Constitutional Development in the Republic of South Africa, and the Prosecutor General’s Office in Ukraine, and the FBI’s Legal Attaché Offices in or responsible for those countries provided valuable assistance in the investigation.
Outcome: Defendant was sentenced to life in prison. sainov was also sentenced to concurrent terms of 20 years in prison on related convictions of conspiracy to provide material support to ISIS and obstruction of justice, and 10 years in prison for receipt of military-type training from ISIS. Asainov was convicted by a federal jury after a three-week trial in February.