Approved: __________________________________ Amanda Houle / Matthew Laroche Jason A. Richman / Kyle Wirshba Assistant United States Attorneys Before: HONORABLE ONA T. WANG United States Magistrate Judge Southern District of New York - - - - - - - - - - - - - - - - - x:UNITED STATES OF AMERICA :COMPLAINT:- v. -: Violations of : 18 U.S.C. §§ 924, 2; ADEL EL ZABAYAR, : 21 U.S.C. §§ 960a, 963 :Defendant. : COUNTY OF OFFENSE: : NEW YORK - - - - - - - - - - - - - - - - - xSOUTHERN DISTRICT OF NEW YORK, ss.: MATTHEW S. PASSMORE, being duly sworn, deposes and says that he is a Special Agent with the Drug Enforcement Administration (“DEA”) and charges as follows: COUNT ONE Narco-Terrorism Conspiracy 1. From at least in or about 1999, up to and includingin or about 2020, in an offense begun and committed out of the jurisdiction of any particular State or district of the United States, including in Venezuela, Colombia, Mexico, Iran, Syria, Lebanon, and elsewhere, ADEL EL ZABAYAR, the defendant, and others known and unknown, at least one of whom has been first brought to and arrested in the Southern District of New York, intentionally and knowingly combined, conspired, confederated, and agreed together and with each other to violate Title 21, United States Code, Section 960a. 2. It was a part and an object of the conspiracy thatADEL EL ZABAYAR, the defendant, and others known and unknown, would and did engage in conduct that would be punishable under Title 21, United States Code, Section 841(a) if committed within the 20 MAG 5469
2jurisdiction of the United States, to wit, the distribution of, and possession with the intent to distribute, five kilograms and more of mixtures and substances containing a detectable amount of cocaine, knowing and intending to provide, directly and indirectly, something of pecuniary value toa person and organization that has engaged and engages in terrorism and terrorist activity, to wit, the Fuerzas Armadas Revolucionarias de Colombia(“FARC”)(which has been designated by the United States Secretary of State as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act and remains so designated) and its members, operatives, and associates, having knowledge that such organization and persons have engaged and engage in terrorism and terrorist activity, in violation of Title 21, United States Code, Section 960a. (Title 21, United States Code, Section 960a; and Title 18, United States Code, Section 3238.)COUNT TWO(Cocaine Importation Conspiracy)3.From at least in or about 1999, up to and including in or about 2020, in an offense begun and committed out of the jurisdiction of any particular State or district of the United States, including in Venezuela, Colombia, Mexico, Iran, Syria, Lebanon, and elsewhere, ADEL EL ZABAYAR, the defendant, and others known and unknown,at least one of whom has beenfirst brought to and arrested in the Southern District of New York, intentionally and knowingly combined, conspired, confederated, and agreed together and with each other to violate the narcotics laws of the United States.4.It was a part and an object of the conspiracy that ADEL EL ZABAYAR, the defendant, and others known and unknown, would and did import into the United States and into the customs territory of the United States from a place outside thereof a controlled substance, in violation of Title 21, United States Code, Sections 952(a) and 960(a)(1).5.It was further a part and an object of the conspiracy that ADEL EL ZABAYAR, the defendant, and others known and unknown, would and did manufacture,distribute, and possess with intent to distributea controlled substance, intending,knowing, and having reasonable cause to believethat such substance would be unlawfully imported into the United States and into waters within a distance of 12 miles of the coast of the United States, in violation of Title 21, United States Code, Sections 959(a) and 960(a)(3).